Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia HAPEVILLE: LONGINO PORTER, INC. 19620000 English
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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1962 19620000 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 1962 session, with the exception of the proposed amendments to the Constitution, were sent to the printer's 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 1361. The proposed amendments to the Constitution were grouped together beginning at page 747 of Volume One and are followed by a complete index beginning at page 1239. This volume is bound separately. The Act and Proclamations of the Extraordinary Session of April 1962 are grouped together beginning on page 1213 of Volume One. Local and special Acts and Resolutions were grouped in one volume beginning at page 2001. There are no intervening pages between 1361 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. This is followed by a regular alphabetical index. ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1962 CITY OF COVINGTONNEW CHARTER. No. 531 (House Bill No. 764). An Act to repeal an Act incorporating the City of Covington, Georgia, approved August 16, 1918 (Ga. L. 1918, Act No. 349, p. 630); as amended; to incorporate and to grant a new charter to the City of Covington; to prescribe the corporate limits; to provide for the corporate powers; to provide 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and not in conflict with this Act to be preserved, continue of force, and remain valid and binding until the same are repealed and amended; to establish a corporate seal; to declare and constitute the rights and powers of said corporation; to provide for legal publication; to establish fire limits; to establish a fire department; to provide the rights and powers, duties and liabilities and qualifications of all officers; to provide for the
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manner of their election and removal from office; 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 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; 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 enforcement of ordinances, rules and regulations; to provide for appearance bonds; to authorize and empower the city to operate, maintain and furnish utilities within and without the corporate limits; to require referendum on sale of utilities; to provide for the fiscal year; to provide for the submission of an annual budget; to provide for the use of loans, for the transfer of funds and deficiency appropriations; to provide for an audit of finances; to provide for ad valorem taxation; to provide for collection of business licenses; to provide for execution; to provide for condemnation; to provide for the improvement of streets, etc., and assessments therefor; authorize zoning regulations and to provide a procedure therefor; to establish a board of zoning appeals and to provide for appeals therefrom; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Incorporation, name and style. The City of Covington, in Newton County, Georgia, is hereby incorporated as a city under the name and style of the City of Covington, hereinafter referred to as the city. Section 2. Continuation of existing laws, rights and liabilities. All ordinances and resolutions of said city not inconsistent
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with this charter shall remain in full force and effect for the city until altered, amended or repealed. All property and property rights held, owned or possessed by the city and all pending suits or claims by or against said city are preserved and unaltered. Section 3. Corporate seal. The city shall have a corporate seal which shall consist of a round metal stamp with the words City of Covington, Newton County, Georgia, Corporate Seal so fixed and arranged in such metal stamp that said seal can be impressed on documents and written instruments to which the city is a party. The city clerk shall have custody of the corporate seal and shall impress documents therewith when duly authorized. Section 4. Territorial boundaries. The corporate limits of the city shall extend for a radius of one and three-quarter miles from the center of the Confederate Monument in the public square of the city, except that portion in said radius incorporated in the Town of Oxford. Section 5. Legal Publication. After being read in the council meeting all ordinances shall be published at least once in a newspaper of general circulation within the city and, in addition, a copy shall be posted on the bulletin board in the lobby of the city hall for a period of at least five days; the newspaper publication of such ordinances may be by title only, but in such event it shall give notice that a complete copy of such ordinances shall be posted as hereinabove provided; no ordinance shall come up for passage prior to the expiration of the aforementioned five-day period. Section 6. Fire limits. The city council shall by ordinance establish fire limits, enlarge or reduce same as the safety of the city requires. When fire limits are established it shall be lawful to prohibit the erection of any structure therein of any substance except incombustible material, or such as may be allowed by ordinance. Section 7. Real estate. The city shall have power and authority to rent, lease, buy, sell or otherwise hold or dispose of any or all of its buildings, parks or other real estate for a fair and adequate consideration.
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Section 8. Conveyance of franchise. No franchise granted by said city may be sold, transferred, leased, or assigned to or used by anyone other than the grantee without adequate compensation and written consent of the city council. Section 9. Specific powers enumerated. The city shall have power and authority to: (a) Buy and sell water, gas, electricity and other public utilities at cost or for a profit, both within and without the territorial boundaries of the city. (b) Adopt ordinances binding on everyone within the city to protect the health, peace, safety, good order, dignity and general welfare of the city and the inhabitants thereof. (c) Exercise complete control over all the public streets, roads, ways, drives, lanes, alleys, sidewalks, crossings, and parks of the city. They shall have full and complete power and authority to open, curb, locate, relocate, replace, work, straighten, abandon, close, drain, pave and repave the same, or cause the same to be done. (d) Establish a system of numbering houses in the city, and to assign appropriate street numbers to the various houses on the various streets, alleys, roads, lanes, drives and ways of the city, and to compel said houses to be properly numbered. (e) Control by ordinance the time, manner, terms, conditions, and places of all sewer connections and how much surface or drainage water may flow into such sewers, and the terms and conditions on which it will be permitted, and at what points, and generally all matters relating to the construction, use, control, maintenance, repair, replacement, improvement and removal of sewers and sewer connections, and the cutting and replacing of pavement and other adjacent structures shall at all times be under the control and regulation of the city council in its fair and legal discretion. (f) Control by ordinance the construction, maintenance and removal and replacement of all city culverts, pipes,
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sewers, drains, private drains, water closets, urinals, privies, toilets, and the like, and provide for their location, structure, size and use, and pass such ordinances concerning them and their use, in all particulars, as may be deemed best for the health, comfort and general welfare of the inhabitants of the city. The city council shall have power and authority to prescribe by ordinance the kind of water closets, urinals, privies and plumbing which shall be used in the corporate limits, and to condemn and compel the disuse of same when they do not conform to such requirements, or when they shall become and are declared a nuisance by a court having jurisdiction. The city council shall also have power and authority to compel the owner or owners of property within the city to connect water closets, sinks, commodes and urinals on their property with the sewers and sanitary system of said city when such property is located within a reasonable distance of such sewer, and under such rules and regulations as may be prescribed by ordinance. If any property owner shall fail or refuse to make connections as required by city ordinance or resolution, such owner shall be punished as provided by ordinance. (g) Contract with other municipalities and political subdivisions, and to cooperate with the other municipalities and political subdivisions, in acquiring, establishing, constructing, building, maintaining and/or operating such garbage disposal, water, sewerage, electric and/or gas plants, lines and/or facilities, and streets, sidewalks and parks within and/or without the limit of the city, as well as library and other institutions, utilities and/or services, in addition to existing plants, systems, building, facilities, lines and services as the city council may at any time deem for the best interest of said city. (h) Levy, assess and collect taxes to raise sufficient revenue to pay for the improvements, services, equipment and/or facilities provided for in any contract or agreement to which the city is or may become a party. (i) Issue and sell bonds for the purpose of paying bonds of the city and interest thereon, and for any public or other purpose allowed by the Constitution and laws of this state,
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and to issue and sell revenue anticipation certificates as now or hereafter allowed by law. (j) Provide by ordinance for reporting all property in the city subject to taxation by the city, whether such property be realty or personalty, tangible or intangible, and to require all persons owning such property to file a written statement and description of such property with the fair market value thereof under oath. (k) Prescribe by ordinance a penalty for failure to make such return or report within the time prescribed by ordinance; provided such penalty shall not exceed the sum of double the amount of tax levied against such person or taxpayer failing to make or file such return. Such penalty shall be a lien upon property of the defaulter and shall be collected in the same manner as the taxes of the city. Such penalty shall be established at the discretion of the mayor and council at the time taxes are levied. (l) Assess the costs of sewers against abutting lots of real estate and the owners thereof on each side of a street in which such sewer is laid or constructed, and the owners of such abutting real estate shall have the right to have the drains from their abutting lots connected with such sewer at their cost under such rules and regulations as the city council may prescribe by ordinance. (m) Control and/or prohibit the manufacture and/or sale of all alcoholic beverages, and to tax, license, regulate and control hotels, boardinghouses, apartments, restaurants, theatres, dance halls, athletic and sporting events and places and all other entertainment activities and places, regulate the operation of all vehicles used for pleasure or business, and garages, mills, factories, ginneries, gas and water companies; regulate the use of its streets for all purposes, and prevent their use for business, or regulate business use by taxation and otherwise, including the right to impose a reasonable license tax for the use of streets for business purposes; to prevent stock and poultry from running at large, and to seize and impound any domestic or wild animal or fowl found at large within the city limits; and to provide
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by proper ordinance for the redemption or sale of the same; and to adopt such ordinances as may be considered necessary to carry out the provisions of this Act. (n) Grant franchises, easements and rights-of-way over, in, under and on public streets, lanes, alleys, sidewalks, parks and other property of said city on such terms and conditions and for such lengths of time as it may fix; provided, franchises shall not be granted without fair and adequate compensation provided for in the franchise ordinance; and provided further, that no such franchise shall be granted until notice has been published at least one time one week preceding the week in which the city council meets to consider such application, stating the nature of the franchise, the streets, lanes, alleys, sidewalks, parks or other property on or through which it is desired, the terms of such grant and the time at which the city council will act upon such application. (o) Employ or cause to be employed a certified public accountant to examine and audit all books of account and pertinent records of all officers, employees, and agencies of said city relative to the financial affairs of the city whenever and as often as the city council shall consider proper, and shall fix his compensation. The compensation of such accountant may be fixed on an hourly or other basis before, after, or at the time of his employment. It shall require at least one examination and report every year. (p) Pave or otherwise improve the whole or any part of any street, sidewalk or alley of said city, without giving any railroad company, or other property holder or occupant on the street the option to pave or otherwise improve the same or any part thereof by themselves or by contract. (q) Define a nuisance in the city and provide for its abatement. The recorder's court of the city shall have jurisdiction of all nuisance abatement proceedings in the city. (r) Remove any building, stall, booth, tent, awning, steps, gate, fence, post, wire, stump, tree, structure, pole, or other obstruction or nuisance in a public street, sidewalk or way
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or so near thereto as to constitute a defect or render the city liable in damages for not removing it, or cause the aforesaid to be removed at the owner's expense if the owner shall fail or refuse to remove the same within such reasonable time as may be fixed by order of the city recorder, or mayor when acting as recorder, and execution shall issue against said owner for the expense thereof as in case of executions for unpaid taxes, and said owner shall also be subject to punishment for maintaining a nuisance. (s) Censor theatres, films, moving pictures, exhibitions, pictures, actors, acts, plays, recitals, forms, books, papers, magazines, drawings, signs, symbols, and similar matters and to suppress and prevent their use, exhibition, portrayal, sale or distribution, when found to be obscene, immoral, filthy, lascivious, lewd or vicious. (t) Regulate, lay out, open, relocate, straighten, improve, grade, and control old and new streets, lanes, alleys, street curbing, street crossing and sidewalks, and no person or corporation shall at any time hereafter lay out, locate, relocate, open, extend, or close any street, lane, road, alley, way, sidewalk, park or square contrary to the plan of the city nor without the consent of the city council, and any application for this purpose shall, with an appropriate plat, first be filed with the city engineer or such officer as the city council may designate by ordinance, and notice thereof shall be given the public or parties in interest by publication of notice as required by law and the ordinances of the city. If such application is granted, the owner shall relinquish all rights and titles to the area involved and the same shall pass to and become vested in the city, and all management and control over the same shall pass unequivocably to the city. (u) Impose and collect a license and a tax on dogs within the city in such a manner and mode as it may deem best. (v) License electricians, plumbers, contractors and others and to require examinations as conditions precedent to granting of such license; create examining boards and prescribe
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by ordinance the minimum requirements in such examinations, and to appoint the members of such boards. (w) Condemn or cause worn out sewers, street pavement, street curbing, or sidewalks within the city to be condemned, reconstructed, replaced or repaired, as the case may require, at the expense of owners of lots of real estate abutting thereon (or against the real estate and owner or owners thereof for whose sole benefit such improvement exists in case of sewers laid solely for the benefit of persons other than owners of real estate abutting thereon), and assess the cost thereof (or in case of street paving such part of the costs as the city council shall deem just and proper) against such abutting lots of real estate and the owners thereof (or in cases of sewers constructed solely for the benefit of a person or persons other than abutting lot owners against other real estate, and the owners thereof for the sole benefit of which such sewer exists), as in the case of original construction of the same kind of improvements. (x) Provide, by ordinance, a civil service system for city officers and employees and/or provide by ordinance for a system of retirement for city officers and employees, which retirement system may be that of old age and survivor's insurance. (y) Regulate the subdivision of land in the city by requiring and regulating the preparation and presentation of preliminary plats, by establishing minimum improvements to be made or to be guaranteed to be made by the subdivider, by setting forth the procedure to be followed by the planning commission in applying rules, regulations, and standards, and by providing for penalties for violation of aforesaid rules, regulations and standards. Section 10. Regulating vehicular traffic. The city shall have power and authority to regulate vehicular traffic and relieve congestion of the same by use of devices known as parking meters, by means of which the time a vehicle occupies a designated area for parking in a street is measured by a timing device which is operated by depositing a coin
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therein, and to use the proceeds from the operation of parking meters to pay for off-street parking facilities or to contract with one or more other persons, firms or corporations to provide such off-street parking facilities, and to rent such facilities and use the rents therefrom to further provide off-street parking for all kinds of vehicles. Section 11. NuisancesOrder adjudging and abatement. The city shall provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this state or any valid ordinance of the city to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate same within ten days after written notice from the city to do so. Section 12. SameAbatement notice to non-residents. In nuisance abatement proceedings by said city in the recorder's court of said city, where the nuisance consists of a condition or conditions of property of an individual residing without the limits of the city or of a corporation having its office without the limits of the city, notice shall be served upon such owner or his agent within Newton County, if either can be found within the county, but if said owner cannot be served in such manner, a warrant for the arrest of such individual owner shall issue against such owner and shall be executed by any sheriff, deputy sheriff, constable, marshal, policeman or coroner of any city, town or county in this state, and the city recorder of Covington shall cause such nuisance to be abated at the expense of such owner, and an execution for such expense shall be issued by the city clerk, which execution shall be levied on any real estate or personal property of the accused which may be located within the city or wherever it may be found, and such expense and execution shall constitute a lien against all property of such accused owner, which lien shall be prior and superior to all other liens except liens for taxes. Property levied upon under such action shall be advertised and sold as property is sold for taxes in the city, unless such levy is arrested by affidavit of illegality or other appropriate proceedings, and all further proceedings in relation to such execution shall be the same as in case of
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executions of the city for street paving costs and similar assessments. Section 13. Subpoena power generally. The city council, recorder's court, all boards, commissions, committees or other agencies of the city charged with the administration of the affairs of the city (excluding individual officers, except in cases in which they are specially authorized by law or ordinance) shall have power and authority to compel the attendance of witnesses and the production of relevant and admissible documents in proper cases, and any person failing or refusing to attend as a witness or to produce relevant and pertinent documentary evidence within his power, custody or control when duly notified or called upon to do so in a proper case shall be subject to punishment prescribed by ordinance of the city. Section 14. ExecutionsIssuing; carrying out, etc. All executions for the enforcement or collection of fines, assessments, forfeitures, public improvement costs or other claims, demands, or debts, except ad valorem taxes, shall be issued by the city clerk and bear teste in the name of the mayor or mayor pro tem. (unless otherwise provided), and shall be directed to the city marshal, chief of police, all police officers of the city, and to all and singular the sheriffs and constables of this State, and shall state the purpose or purposes for which issued, and shall be made returnable to the city council ninety (90) days after the date of its issue; and it shall be the duty of the city marshal or other levying officer into whose hands such executions are placed to levy the same, to advertise the sale of the property so levied upon, and to sell the same in the same manner as sheriff's sales of real estate and constable's sales of personal property, are levied, advertised, and sold under common law executions, as nearly as is practicable. In such cases, the defendant in execution shall have the right to file an affidavit of illegality if such execution shall have issued illegally or if it is proceeding illegally in either of which cases such execution shall be returned by the levying officer to the Superior Court of Newton County for trial as in other cases of affidavit of illegality; provided bond shall
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be made as in other cases of illegality. Such sale shall have the same force and effect as a sheriff's or constable's sale of similar property, and the officer making such sale shall have the same power as a sheriff to put purchasers in possession. Whenever at any such sale no one present shall offer as much for the property levied upon as the amount of such execution together with all interests and costs thereon, after such property shall have been offered a reasonable time the city, through its authorized agent, shall bid on such property and shall purchase the same on behalf of the city for not more than the amount of such execution and costs, if the value of such property is sufficient to cover such principal, interest and cost, and the marshal or other officer making the sale shall make and deliver to the city a deed to the property so sold, and the title thus acquired by the city shall be and become perfect and valid when the owner's right of redemption, if any, shall have expired, and the marshal or other officer making the sale shall put the city in possession, and the city council shall have no right or authority to divest or alienate the title of the city to the property so purchased except by public sale for cash to the highest bidder in the manner prescribed by law or by ordinance of the city. Section 15. SameForms. The forms of executions for taxes, costs of construction of streets, street curbing, sidewalks and sewers and for repairs or improvements thereof and for fines and forfeitures in the recorder's court of the city and for any other expenses, costs, charge, license, or assessments shall be prescribed by ordinance, provided this section shall not invalidate any form now in use by the city. Section 16. UtilitiesFurnishing services and facilities. The city shall have the power and authority to operate, enlarge, expand, extend, improve, construct, lay, maintain, remove, repair, and replace water, electric and natural gas lines, sewer and sanitary systems and facilities, within and without the city, and to charge, contract for and receive compensation for such service, and on such terms and conditions as may be prescribed by the city ordinance, and for such purposes the city shall have the power of eminent
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domain which it is hereby authorized to exercise to acquire by condemnation any lands, easements, rights-of-way and other properties or rights therein deemed needful or convenient for any purposes when necessary to acquire the same. Section 17. SameOwning, maintaining and operating electric plants, waterworks and gas system. The city shall have the right, power and authority to own, maintain and operate a system of waterworks, a natural gas system, and an electric plant and distribution system and to purchase, generate and sell electric energy and to sell water and gas and to fix rates for all the aforementioned and to develop, maintain and operate parks and recreation facilities. Section 18. SameContracting to furnish. The city council shall have power and authority to make or cause to be made contracts to furnish customers with electric energy, lights, water and gas within and without the territorial limits of the city when this can be done without adversely affecting the inhabitants of the city. Section 19. SameJurisdiction. The city shall have complete power, authority and jurisdiction for all purposes over all of the lands on, over, or through which trunk or intercepting sewer, gas, water and/or electric transmission lines and/or facilities have heretofore been or may hereafter be constructed and maintained by the city or over which an easement is secured by the city and which it is the duty of the city to inspect, improve and maintain within or without the limits of the city; said power, authority and jurisdiction shall extend the full distance of said lines or facilies and a specified number of feet, to be determined by the mayor and council, in all directions from same as well as over the land purchased by said city for the location and maintenance of such facilities, and all such lands are hereby incorporated in and made a part of said city, except such as is located within the corporate limits of another municipality. Section 20. SameLien for charges. For electricity, water and gas furnished and for all sewerage and sanitary services rendered, said city shall have a lien; said lien shall
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run from the date the contract is made or the services commence up to and until all charges therefor shall have been paid in full. Section 21. SameReferendum for sale of facilities. No sale, conveyance or disposition by the city of its water, electric and/or gas properties and franchises, or of its sewer system, or of any interests therein shall ever be of any force or effect unless or until approved by the duly qualified voters of the city voting at an election specially called for this purpose; a notice of which election shall be published once a week in the official newspaper of the city for four weeks next preceding such election, which notice shall state the name of the proposed buyer, the terms and conditions of the proposed sale, the date of the election, the location of the voting precincts, and such other information as the city council may order. Section 22. Form of government. The government of said city shall be vested in a mayor and six councilmen, who shall hold their respective offices for two years and until their successors are elected and qualified. But the mayor and councilmen now holding office in the city shall continue to hold office and to exercise the duties and powers of mayor and councilmen for and during the term of office for which they have respectively been elected heretofore. Section 23. Vacancy in office of mayor, councilmen. In the event there shall occur a vacancy in the office of mayor, caused by the death, resignation or removal of the incumbent, the city council shall immediately call an election to fill such vacancy, which election shall be called to be held within ten days. In the filling of such vacancy they shall give due and timely notice by appropriate notice and advertising. But in the event of vacancy occurring in the office of councilmen the mayor and city council, as soon thereafter as possible, shall elect some qualified citizen to fill such vacancy and he shall hold office until the next regular municipal election. Section 24. Qualifications of mayor and councilmen; oath. (a) No person shall be eligible to qualify or hold
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office of mayor or councilman of said city unless he shall have been a resident thereof for a period not less than one year immediately preceding the election in which he is to be a candidate; and shall be a qualified voters in the municipal elections for officers of said city; and shall be a freeholder in said city; and shall qualify as a candidate by filing his name with the city clerk and by giving to the city clerk, in writing, the oath hereinafter prescribed; and shall not be indebted for any tax due said city which is more than twelve months past due. (b) Any person desiring to qualify as a candidate for office of mayor or councilman in said city shall take the following written oath, setting forth the information called for therein, which oath shall be kept on file in the city clerk's office: I do solemnly swear that I have resided in the City of Covington, Newton County, Georgia, for a period not less than one year immediately preceding the election in which I am a candidate; further that I am a freeholder in said city, owning property located at.....; further that I am a qualified voter in the municipal elections for officers of the City of Covington; further that I am not indebted to the City of Covington for any tax which is more than twelve months past due; so help me God. Section 25. Oath of office. Within ten days after the election of said mayor and councilmen, and before they enter upon the discharge of their official duties, the mayor shall, before some officer authorized to administer oaths, take and subscribe the following oath: I do solemnly swear that I will, to the best of my ability, discharge the duties of the mayor of the City of Covington during my continuance of office, so help me God, and the mayor, after being so qualified, shall have full power and authority to administer a like oath to each member of the council. Section 26. Mayor's duties and powers. Said mayor shall be the chief executive of said city; he shall see that all laws, ordinances, resolutions and rules of said city are faithfully executed; he shall have general jurisdiction of the affairs of said city. He shall have control of the police of said city, and may appoint special policemen, when, in his
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judgment, it is necessary. He shall have the same power as the justice of the peace, to witness and attest papers, to administer oaths, to issue criminal warrants and to hold courts of inquiry; he may commit offenders tried before him as a court of inquiry, or may admit them to bail in cases where a justice of the peace has power to bail. He shall have the right to remit or reduce the fines imposed by the recorder's court imposed upon defendants charged with violating any of the city laws; he shall have authority to pardon all offenders convicted before the recorder's court; he shall have authority to temporarily suspend any city officer, reporting his actions and his reasons therefor to the next regular or called meeting of the mayor and council, who shall hear all of the facts of the case and by a majority vote may either discharge, suspend for a definite term or reinstate said officer. The mayor shall be clothed with the power of veto; it shall be his right to veto all ordinances, resolutions, permits and privileges passed on or granted by said council if he sees fit to do so, and said veto shall in no wise be affected except by a two-thirds vote of council. Section 27. Salaries. The mayor, recorder and each member of the council shall be paid such salaries for their services as may be fixed each year by the mayor and city council in December of each year prior to the annual election, to apply to the ensuing term of office. The salary of the mayor shall be not less than five hundred dollars per annum nor more than fifteen hundred dollars; the salary of the recorder shall be not less than three hundred nor more than six hundred dollars per annum; and the salary of the councilmen shall be not less than three hundred, nor more than five hundred dollars per annum, which amounts shall not be increased or diminished during the terms of office. Section 28. Personal liability of mayor and councilmen; method of relieving. The mayor and the members of the council shall be personally liable for any anticipation of receipts in excess of those herein provided for. The members of the council may relieve themselves of such personal liability by voting against any budget carrying an excessive appropriation by recording his vote. The mayor may relieve
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himself of any individual liability by vetoing such budget before passage. Section 29. Municipal officers. The mayor and council at their first meeting in January of each year, or as soon thereafter as practicable, shall elect the following officers, a majority of the votes cast being in every case sufficient to elect, to-wit: A comptroller, clerk, treasurer, tax collector, a tar receiver, a chief of police and as many other regular policemen as the city council may deem proper to elect, a recorder, a city physician, a city attorney, a superintendent of lights, waterworks and sewerage, a street superintendent and such other officers as the mayor and council may see fit to elect, and the said mayor and council may prescribe by ordinance such officers as they may deem necessary for the best interest of the city, and shall by ordinance prescribe the duties, fix the bonds and fix the compensation of all city officers elected by their body, each of the said officers before entering up on the discharge of their duties shall give bond and take and subscribe an oath to discharge the duties of the office to which he has been elected. Section 30. Terms of office; removal. All officers elected by the mayor and city council, and all officers provided for by city ordinances shall hold their office for one year and until their successors shall have been elected and qualified, provided only, that all such officers may be subject to removal from office at any time before the expiration of their term of office by a two-thirds vote of the members of the mayor and city council, however, the city shall not become liable to any officer removed from office in the manner provided for any sum whatever on account of salary or other compensation. Section 31. Combination of offices, authorized. The mayor and city council may make provisions by ordinance to combine two or more of the city offices so that one person may hold and discharge the duties of more than one office, provided, however, that no member of the city council shall be eligible to hold any other municipal office during the term for which he was elected.
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Section 32. Contract, etc., interest prohibited. No member of the council, the mayor, nor any official or employee of the city shall be interested directly or indirectly in any contract, sale of merchandise, service with or for the city, or in the profits or emoluments therefrom; and any contract on the part of the city which violates this section shall be null and void. No member of the council, the mayor, nor any officer or employee of the city shall accept any gift, frank, pass, or other emolument from any person, firm or corporation operating any public utility, or engaged in any business of a public nature within the city, or from any person, firm or corporation seeking to sell or which may desire to sell supplies to the city, perform service for, or make a contract with the city. Section 33. Council meetings, time and place; presiding officer; quorum. 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; he may also vote in all elections for officers who are elected by the board, whether there be a tie or not, the mayor and four members of the 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 future time. Section 34. Power to enact ordinances; maximum penalty. Said mayor and council shall have full power to pass all ordinances, by-laws and regulations which they may deem necessary to the good government of said city, the protection of property, peace, good order, health, comfort and convenience of the citizens thereof, and to fix suitable penalties for the violation of the same. They may provide for punishing violators of their ordinances, by-laws, resolutions by fine, imprisonment in the city prison, or working in the public works camp; the fines in no case to exceed five hundred dollars ($500.00) and the imprisonment in the city prison not to exceed six months, and sentence in the public works camp not to exceed six months, and either one or all of said penalties may be imposed at the discretion of the recorder's court.
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Section 35. Committees of council. The mayor and city council may provide by ordinance for such committees as they may deem fit for the administration of the municipal affairs of said city, prescribing the duties of such committees and define their authority. Section 36. ImpeachmentCauses. If the mayor or any member of the city council of said city shall be guilty of malpractice, wilful neglect of their duties, abuse of their powers, or any other unbecoming conduct, they shall be subject to impeachment by the city council, and upon conviction, shall be removed from office. Section 37. SameTrial. In impeachment trials before the city council, the affirmative vote of at least four members shall be required to convict, and the mayor shall be entitled to vote, except in case he is on trial, in which case he may not vote. Tht city recorder shall preside in all impeachment trials unless he is disqualified, in which case the presiding judge of the Superior Court of Newton County shall designate some qualified lawyer to preside over such trial, but such officer presiding over said impeachment trial shall not vote, even in case of a tie. The city recorder shall not be qualified to preside over such impeachment trial unless he shall have been engaged actively in the practice of law for at least five years next preceding such trial. On an impeachment trial, a tie-vote shall acquit the accused. An impeachment resolution against the mayor shall not be subject to his veto. A judgment of conviction in an impeachment proceeding shall vacate the office of the convicted mayor or councilman. Section 38. Failure or refusal to vote on measure. The failure or refusal of a member of the city council or of any commission, committee, board, bureau or agency of the city to vote when the proper time comes to vote, on a question pending before such city council, commission, committee, board, bureau, or agency, at a meeting legally held and at which such member is in attendance, shall be construed as a vote in favor of the pending proposal. The failure or refusal of a majority of the members of any body duly convened
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shall be counted as votes in favor of the measure under consideration and amounts to its adoption. Section 39. Regulating use of streets. The city council shall have power and authority by ordinance, to tax, license and regulate the operation of automobiles, railroad trains, steam engines, locomotives, street cars, buses, trolley cars, bicycles, motorcycles and other vehicles within the city limits and fix maximum and minimum speed limits for them, and to prescribe both minimum qualifications of operators of such vehicles and the manner in which the same may be operated, and to require such machines and their owners to be registered, and said council may make such other provisions as may seem prudent for the safety of the driver, passengers and the public. Section 40. Regulating charitable solicitations; inflammables and explosives. Soliciting charity or relief campaigns within the city shall be subject to ordinance regulation by the city council, which shall likewise regulate the storage and keeping of gasoline, kerosene, gunpowder, dynamite, nitroglycerine and other inflammable or explosive materials within the city limits. Section 41. Providing off-street parking facilities, authority. The city council shall have the power and authority to construct, maintain and operate off-street parking facilities, and to acquire land and other necessary property for such purposes and to charge, contract for and receive rentals and parking fees for the use of such facilities and parking spaces therein. Section 42. City clerkSecretaries to agencies. The city clerk may be required to act as clerk or secretary to any board, commission, committee, agency or authority of said city. Section 43. SameConsolidating office of clerk with other offices. The office of city clerk may be combined with any other city office or offices in the discretion of the mayor and city council. The person appointed to such combination of offices shall have, during the time such offices are consolidated,
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all the rights, powers and authority and shall discharge all of the duties of all of said offices but shall receive the salary of only one. Section 44. Recorder's court. There shall be a recorder's court in said city for the trial of all offenders against the laws and ordinances of said city, to be held by the recorder in the courtroom in the city hall of said city as often as necessary. In the absence or disqualification of the recorder, the mayor or any member of the council designated by the mayor, may hold said court. Said court shall have power to preserve order and compel the attendance of witnesses and punish for contempt, by imprisonment not exceeding fifteen days, or fines not exceeding twenty-five dollars, either or both. Said recorder shall have full power and authority, upon conviction to sentence any offender to labor upon the streets or other public works in said city for a period not exceeding six months, or to impose a fine not exceeding five hundred dollars, or to sentence said offender to be confined and imprisoned in the city prison, or other place of confinement in said city for a period not exceeding six months; either one or more of said penalties may be imposed, in the discretion of said recorder. The recorder shall have the right to issue criminal warrants, to hold preliminary trials and to fix bonds of all persons tried before him to answer for their appearance at Newton Superior Court for a violation of the criminal laws of said state, or in default of such bond, commit such offenders to jail for safe keeping. Section 45. Police arrests without warrants, authorized. It shall be lawful for the chief of police or any special policeman lawfully appointed to arrest, without warrant, any and all persons violating the ordinances and laws of said state and city, in the city limits, and to confine such person or persons so arrested in the city prison, until a hearing can be had before the proper officer, said chief of police or policeman shall have power and authority to call to his assistance to arrest and detain such offenders any bystander, and such person when summoned shall be bound to aid and assist said officers; should such person fail to do so, he shall be liable to prosecution pursuant to section 44. The chief of police or policeman may call sheriffs and their deputies,
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constables, and other state or counties' officers for assistance, in the arrest, detention, investigation and conviction of offenders. Section 46. Appearance bonds. The mayor and city council of Covington may provide by ordinance for the taking of appearance bonds, to be made by persons charged with the violation of any of the laws or ordinances of the city. They may prescribe by ordinance for the taking of cash collateral bond or have bonds issued by personal solvent securities and they may provide for the summary forfeiture of all cash bonds and for the summary forfeiture of all other appearance bonds by order of the recorder's court, which order when entered may be enforced by executions therefor, issued by the city clerk. Section 47. Election for mayor and council. On Wednesday after the first Monday in December of each year, there shall be held in the city hall, a general election to fill vacancies in the offices of mayor and councilmen, whose terms of office shall be for two years. Any qualified person seeking election as mayor or councilman in such election shall file notice of his intention to be a candidate with the clerk of council at least two weeks prior to such election, before noon. Should there for any cause fail to be an election at the time specified, the mayor and council, shall order an election to be held and shall post a notice of the time of such election at the city hall for at least ten days previous thereto. At all such elections the polls shall not be opened earlier than seven o'clock a.m., and shall close at seven o'clock p.m. All elections shall be held by a justice of the peace, or ordinary of Newton County, assisted by two or more freeholders, all of whom shall be citizens of said city and own real estate 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 election and prevent illegal voting to the best of our skill and power, so help us God. Such election shall be conducted under the rules and regulations governing elections for
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members of the General Assembly, except that only two lists of voters and two tally sheets shall be kept. Section 48. Voter registration. The mayor and city council may provide by ordinance for the registration of voters, and no person shall be allowed to vote at any city election except such persons as shall have been duly registered in compliance with the terms of said ordinance. Section 49. Preservation of election ballots. In all city elections after the votes have been counted by the election managers, they must sign a certificate stating the number of votes each person voted for received, which certificate shall be delivered to the city clerk at the city hall not later than ten o'clock in the morning after the said election. The ballots shall not be examined by the managers or bystanders, but shall be carefully sealed in a strong envelope or box, together with all tally sheets which must bear the signatures of the managers. Said box or envelope shall then be securely sealed with the names of the managers across the seals thereof and delivered immediately after the completion of the election (and the counting of the ballots) to the ordinary of Newton County, by whom they shall be kept, and who shall securely lock same in his vault and they shall be kept unopened and unaltered for a period of thirty days, after which time if said election is not contested, the said ballots shall be destroyed by said ordinary, without examining the same himself, or permitting others to do so. And if said ordinary or any other person shall violate any of this section he shall, upon conviction, be punished as provided in section 27-2506 of the Penal Code of Georgia of 1933. Section 50. Distribution of literature near polling place. On the day any election is held it shall be the duty of the chief of police to establish and mark a line outside the city hall and it shall be unlawful for any person to distribute cards or other political literature or to solicit votes within said lines next to the city hall, which is the voting or polling place. Any person guilty of violating the provisions of this section
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shall, upon conviction in the recorder's court, be fined in a sum of not more than fifty ($50.00) dollars or sentenced to the public works of the city for a term not exceeding twenty (20) days, either or both penalties to be imposed in the discretion of the recorder. Section 51. Power of eminent domain. The city, as a body politic, shall have the full power and authority to acquire, by the exercise of the power of eminent domain, any real property or any interest therein, within or without the corporate limits of the said city, which it may deem necessary for any corporate purpose. Section 52. Power to condemn land and property for public use. The city shall have the power and authority to condemn under the rules and methods and regulations provided by law, land and property for any public use, to-wit: for streets, alleys, sidewalks, ditches, drainage, public playgrounds, parks, public libraries, waterworks, light plants, cemeteries, jails and for any and all public uses, when needed. Section 53. Streets, etc., powers conferred. Said mayor and council shall have the superintendence and control of the streets, sidewalks, bridges, and alleys and of the public square, parks and cemeteries of said city, and may prohibit or remove all obstructions of or encroachments thereon or intereference therewith. They are vested with the power to lay out new streets or alleys; to widen or straighten any of the streets or sidewalks or alleys of the city and to assess whatever damage any property holder may incur by reason of such widening or straightening, which damage shall be paid out of the city treasury. If any such property holder is dissatisfied with the damage so assessed, upon his complaint the question of such damages shall be referred to the arbitration board, which board is to consist of three arbitrators, one to be selected by the mayor and one by the property holder, and the third by the other two. A majority of the arbitrators may make an award. Either party dissatisfied with such findings may enter an appeal to the Superior Court of said County of
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Newton by filing with the mayor and council a statement in writing of the case and the amount of the finding and that such party desires to enter an appeal; thereupon it shall be the duty of the mayor and council to transmit said statement to the next Superior Court of said County of Newton, where the question of damage shall be tried by a jury. Said mayor and council shall have the power and authority to pave or otherwise permanently improve the sidewalks of said city with whatever material and in whatever manner they deem proper and best and to assess onehalf the cost of so paving or otherwise improving the sidewalks, including all necessary curbings, against the real estate abutting on the sidewalk so paved or otherwise improved, and to enforce the collection thereof they shall have power to issue executions against the owner or owners of said abutting property, as city tax executions are issued, and to order, levy on and sell the abutting property. Section 54. Control of streets, sidewalks and bridges. The mayor and council shall have exclusive control of the streets, sidewalks, and bridges of the city; they may enact such ordinances as they may deem best for the regulation of traffic upon said streets, sidewalks and bridges, and provide suitable punishment for the violation of these ordinances. Section 55. Streets, powers generally. The city shall have the power and authority to open, lay out, grade, widen, construct, pave, repave, curb, and otherwise permanently improve any and all streets, sidewalks, and ways, and to maintain, relocate, repair, repave, extend, abandon or close them, and to construct, maintain, repair, replace and remove street curbing, sidewalks, alleys or ways. To provide funds for these purposes, all sidewalks, curbing and service sewer construction costs, except costs of service sewers which cannot serve the abutting real estate nor the owners thereof, shall be assessed against the abutting real estate and owners thereof, as previously provided in section 53, but only on the side of the street on which such improvements are made, if on one side only. One-third of the cost of street construction may be assessed against abutting real estate and owners thereof on one side of such street, and
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one-third against abutting real estate and the owners thereof on the other side, the city paying the remaining third. In real estate subdivisions all street construction costs shall be assessed against the abutting real estate and owners thereof. Cost of maintenance and repair of all city streets shall be paid out of the city treasury, except in special cases provided for by the city ordinances. Section 56. Bond issues authorized for street improvements. The city may, in the manner prescribed by law, provide by ordinance for the issuing of bonds for enlarging or extending the public utilities of the city, including waterworks, sewerage, electric lights, natural gas, street and/or other public improvements. Section 57. Franchises. The mayor and council is hereby vested with the right to exercise and control franchise rights within the corporate limits of the city over all public utility corporations, to charge for the use of streets and alleys, and to control the use of poles, wires and other equipment used by the grantee of the franchise right. Section 58. Utilities, referendum required for sale of; rights-of-way, easements, etc. (a) The city shall continue to supply all the public utilities of said city, to-wit: waterworks, sewerage, electric lights; and for such purposes the mayor and city council shall be invested with all the authority to enlarge such systems of public utilities as they may deem necessary, and they may have authority to prescribe by ordinances for the government and regulation of all public utilities. Provided, that before said mayor and council shall dispose of any one or all of the herein named public utilities by absolute sale in fee simple, an election shall be called submitting the matter to the qualified voters of said city for their approval or disapproval. Said election to be called, held, and the result determined under the election laws now in force, or that may be hereafter prescribed for creating a bonded indebtedness against said city. (b) The city 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
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of not over twelve miles in all directions beyond the corporate limits of said city, as the same now exist or may hereafter be established; and the city shall have authority to furnish water, lights, power and sewerage connections to person, 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; to make reasonable rules and regulations, and the city may make different charges for the use of such utilities within and without the corporate limits of said city. Provided, that nothing shall permit the city to erect any new power lines that will parallel the power lines of Snapping Shoals Electric Membership Corporation, or serve members of said corporation within said area. (c) The city is hereby authorized and empowered to acquire, by contract, purchase, or condemnation, rights-of-way, easements, and privileges for water, sewerage, electric lights and power lines and systems within the corporate limits of the city, and without the corporate limits of the city within a distance of twelve miles in any direction beyond the corporate limits of the city as the same now exist or may be hereafter established. (d) The city is hereby authorized and empowered to furnish and supply electric power to any person, firm or corporation, at its distribution plant in the city, or at the point from which said city acquires its electric power, for serving non-residents of said city, and to fix the rules and regulations on which the same may be furnished, and likewise to fix the terms on which the same are to be furnished, the manner of payment therefor, and the charges to be paid therefor. (e) The city is hereby authorized to purchase, construct, operate and maintain a system for the sale and distribution of natural or other gas within the city limits and for a distance of twelve miles in any direction beyond such corporate limits as now exist or as shall hereafter exist, and in connection therewith the city is authorized to acquire, by contract, purchase, or condemnation, all rights-of-way, easements, and property necessary to carry out these purposes;
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provided, that the power of condemnation granted in this section shall not apply to property within the limits of any other municipality, except with the prior approval of the mayor and council of said municipality. The city is hereby authorized and empowered to furnish and supply gas and gas services to any person, firm, or corporation at its distribution plant in the city or at the point from which said city acquires its supply of gas for serving non-residents of said city, and to fix the rules and regulations under which the same may be furnished, and likewise fix the terms on which the same are to be furnished, and the manner of payment therefor, and the charges to be paid therefor. (f) Nothing heretofore shall give the city the right to operate, maintain or construct, any of the systems or services enumerated herein within the limits of Rockdale County. Section 59. Fiscal year. The fiscal year of and for the city shall be from the first day of July through the thirtieth day of June of each year. Section 60. Budget. No money shall be expended by the mayor and council during any year until a budget has been prepared and adopted, as herein provided. The budget shall include in its anticipations for the year a sum not to exceed the normal revenue collections by the city from all sources during the preceding year. The council shall appropriate a sum sufficient to cover the debt service, including the sinking fund and interest on bonded indebtedness, which sum shall not be diverted to any other department or departments by the mayor and council during the year. Should the income of the city be decreased by law or otherwise, it shall be the duty of the mayor and council to immediately adjust its budget so as to comply with such decreased revenue. In the event of an increase in revenue, which increase has become definite and reasonably certain by an increase in tax rate or the schedule of charges for city services, the mayor and council may revise the budget accordingly and take such anticipated receipts into consideration in the budget.
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Section 61. Transfer of funds. After the budget has been adopted, the mayor and council may transfer or reallocate funds, with the exception of appropriations for debt services. Section 62. Deficit. Should at any time during any year the expenditures exceed the revenue collected, and a deficit be created, it shall be the duty of the mayor and council, before appropriating any other sum for any other purpose, to appropriate a sufficient sum to immediately discharge any such deficit which has accrued during the preceding year. Section 63. Borrowing money authorized. The mayor and city council may have authority to borrow money to meet casual deficiencies in the revenues of said city; provided only, the loans thus negotiated shall not extend over a period longer than twelve months and shall be paid out of the revenues of the current year for which provision shall be made by tax levy. Section 64. Audit of finances. The mayor and council are hereby required, at the end of each fiscal year, to have an annual audit made covering all of the financial transactions made and entered into by said mayor and council for that year. When said audit is completed, it shall be published by the mayor and the council, either in the official newspaper or by posting upon the public bulletin board at the city hall, the method of publication being made within the discretion of the mayor and council. Section 65. Taxes, power to levy and collect. The said mayor and council may levy and collect for city purposes a tax not to exceed fifty cents on every one hundred dollars value of real estate, stock and trade, and all other property therein that may at the time being be taxable by the laws of Georgia. The said mayor and council shall also have power to levy and collect out of the property aforesaid such additional tax as may be necessary to provide for the payment of the principal and interest of any bonded debt of said city now existing or hereafter to be created by said city. In all cases the order levying taxes shall be recorded
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in the minutes of the board, and shall specify for which of the purposes aforesaid it is levied, and how much for each purpose. Section 66. License tax, authority to levy, etc. The mayor and council 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 medicines, soaps, notions, and all other articles; also hotels, boardinghouses, restaurants, lunch 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, as well as vending machines, generally; also bakeries, dairies, barbershops, livery stables, sale stables, slaughterhouses, tanyards, garage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planing mills; also auctioneers, peddlers and pawnbrokers; all agents of fire, health, accident, indemnity, casualty and life insurance companies; the sale of all kind of beverages, cigars, cigarettes, and tobacco products of all kinds; also retailers of malt, vinous, and spirituous liquors; 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 the state, are subject to license. The city shall have the power to require registration of, to assess and to collect a license tax on, all such businesses, etc., and all other businesses, trades, professions, occupations, or callings conducted or engated in within the corporate limits of the 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 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 the city shall
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have power to punish anyone conducting or engaging in any such business, etc., without first registering and paying said license taxes. The 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 67. Executions; fi. fas. In all cases where any taxes, fines, or license fees are not paid when due, the tax collector shall issue executions against the delinquents, which executions shall be directed to the chief of police of said city and his deputies, and it is hereby made the duty of the chief of police and his deputies to proceed to levy and collect all such fi. fas., as in the case of fi. fas. issued for the state and county taxes. To any execution issued by the city, the defendant shall have the right to file an affidavit denying for any reason that the whole or any part of the amount for which the execution issued is due, stating the reason why the same is not due by and from the defendant, and stating what amount is admitted to be due, if any; and said amount admittedly due shall be paid before the affidavit shall be received for the balance; and said affidavit so received shall be returned to the Superior Court of Newton County, and there be tried and the issue determined as in cases of illegality, subject to all the penalties provided for in cases of illegality for delay. Section 68. Zoning regulations authorized. The mayor and council shall have power and authority to establish zoning regulations and to provide the use, height, area and construction of buildings or structures within said city; to provide plans for the future growth, development and improvement of the municipality, especially with regard to its public and private buildings, works, streets, parks, grounds and vacant lots, looking toward the proper sanitation and proper service by utilities; to make and adopt a master plan which shall provide for the comprehensive zoning of the city. Section 69. Zones, basis for; classification. In the interest of the public health, safety, order, convenience, comfort,
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prosperity, or general welfare, the mayor and council may 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 buildings or other structures, or for the area or dimensions of the 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 any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purposes of the zoning regulations. In the determination and establishment of districts and regulations, classifications may be based on the nature or character of 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 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. Section 70. Additional classification for residential districts, authorized; required vote. For the reasons stated in section 69, the mayor and council shall have the further right and power, in any districts proposed to be set aside primarily for residence purposes, to further classify the use thereof and to provide therein such other and similar regulations and restrictions as shall secure the peace and good order of the city and the residents thereof. No such ordinance or amendment thereto authorized herein shall be adopted except by two-thirds vote of the council. Section 71. Public hearing, required; notice, etc. No ordinance adopting zoning regulations as above authorized shall be passed by the mayor and council until after a comprehensive plan for the zoning of the city has been prepared and submitted to the mayor and council. Whenever
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such plan for the zoning of the city shall be certified to the mayor and council, the mayor and council shall hold a public hearing thereon, and shall give notice of the time and place thereof in a newspaper in general circulation in the city; and during said time such plan and proposed ordinance shall be on file for public examination in the office of the city clerk or any such other office as may be designated by the mayor and council. Section 72. Amendment of zoning laws; protest; posting of zoning petition. The mayor and council may from time to time amend or change the regulations or districts established by the zoning ordinance, but no such amendment or change shall become effective unless the ordinance proposing such amendment or change shall first be submitted to a committee of not less than three members of the council, for approval or disapproval, and such committee shall have been allowed a reasonable time, not less than thirty days, for consideration and report. In case, however, of a protest against such change, signed by the owners of twenty per cent (20%) or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof extending one hundred and fifty feet (150) therefrom, or of those directly opposite thereto extending one hundred and fifty feet (150) from the street frontage of such opposite lots, such amendment shall not become effective until passed by a three-fourths vote of the mayor and council. No ordinance, measure, or regulation which violates, differs or departs from a report submitted by the committee shall take effect unless passed by a two-thirds vote of the mayor and council. The mayor and council shall provide for the manner of public notices by requiring the posting by the petitioners of a reasonable placard or sign giving notice to the public of such proposed amendments. Section 73. Board of zoning appeals. The mayor and council shall have power and authority to provide for the enforcement and administration of the zoning regulations established. They may create a board of zoning appeals, which board shall hear and decide appeals from and review
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any order, requirement, decision or determination made by the inspector of buildings in the enforcement of the zoning regulations. The mayor and council may authorize the board of zoning appeals to administer the details of the application of any zoning regulation and may delegate to such board, in accordance with general rules set forth in the zoning ordinances, power to permit exceptions to and variations from the zoning regulations, and to administer the zoning regulations as specified therein; or such other administrative powers and functions as may be delegated by the mayor and council, either in whole or in part to such board of zoning appeals. Section 74. Certiorari. Every decision of the board of zoning appeals shall be subject to writ of certiorari from the superior court upon the same terms as such writs are issued in any case. Section 75. Contracts for supplies. The city shall have the authority to make contracts for supplies, including electric current for electric lights and power for all of the public utilities of said city, which contracts may be for a term of years from the date thereof; provided only, that the compensation for such supplies to be paid by said city shall be paid by the city monthly or annually and the amount of such compensation for any one year shall not exceed the amount which may be lawfully levied therefor as prescribed by law. Section 76. Donations for public institutions. The mayor and city council shall have authority to make donations out of the funds in the city treasury, not otherwise appropriated, for the support of the poor, for public libraries, and for public hospitals, public rest rooms and other institutions of like character. Section 77. Group insurance for city officers and employees, authorized; deductions, etc. The mayor and council of said city is hereby authorized and empowered to make deductions periodically from the wages and salaries of its employees and officers, excluding the mayor and council themselves, with which to pay the premium for life, health,
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accident, hospitalization, or annuity of such officers or employees, upon a group insurance plan, and to that end to enter into agreements with insurance companies whereby the kind of group insurance desired by the employees may be furnished to them and the premiums therefor remitted periodically by said city. The participation in such group insurance by such officers or employees shall be entirely voluntary on the part of such persons at all times. Any officer or employee, upon any pay day, may withdraw or retire from such group plan upon giving notice in writing to his employer directing the discontinuance of deductions from his wages or salary in payment of such plan. The mayor and council of said city in carrying out any provision of this section shall have the right to contribute or pay any part of the premium due on the coverage afforded its officers or employees in an amount not to exceed fifty per cent (50%) of the amount of said premium being charged for the plan of protection afforded out of the general funds of said city. Section 78. Building regulations. The mayor and council may prescribe by ordinance such rules and regulations as they see fit for the regulation of all buildings erected within the corporate limits of said city, or for the repair of such buildings, they may prescribe the materials to be used and the manner of erecting or repairing the same. Section 79. Regulation of public entertainment, shows, etc. The mayor and city council may prescribe by ordinance for the regulation of all public entertainments, shows, circuses, parades, may prescribe when such entertainments, etc., may be held, as well as the manner in which the same may be conducted. Section 80. Fire department. The city shall provide by ordinance for the establishment and maintenance of a fire department for said city, and for this purpose they may acquire property and equipment therefor to be paid out of the revenues of said city or by municipal bonds properly
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voted and validated therefor, as now prescribed by law. They may provide either for a voluntary service or for a paid service if the revenues of said city authorize such payment, and they may provide by ordinance such rules and regulations as they may deem necessary for the government and control of said fire department, which ordinance shall provide officers therefor and prescribe their duties, authority, terms of office, manner of election and compensation. Section 81. Board of health, authorized. The mayor and city council shall also have authority to provide by ordinance for a board of health to be composed of such members as may be provided for in said ordinance; to prescribe their terms of office and define their powers, authority and compensation. The mayor and council in their discretion may provide for a joint city-county board of health. Section 82. Severability. 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 83. Legal advertisement. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia 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 84. Prior Acts repealed. An Act granting a new charter to the City of Covington, approved August 16, 1918 (Ga. L. 1918, Act No. 349, p. 630), as amended, particularly by an Act approved August 15, 1922 (Ga. L. 1922, Act No. 445, p. 720), an Act approved August 6, 1927 (Ga. L. 1927, Act No. 147, p. 1014), an Act approved March 29, 1937 (Ga. L. 1937, Act No. 365, p. 1707), an Act approved March 31, 1937 (Ga. L. 1937, Act No. 506, p. 1718), an Act approved March 27, 1941 (Ga. L. 1941, Act No. 276, p.
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1289), an Act approved March 27, 1941 (Ga. L. 1941, Act No. 281, p. 1295), an Act approved December 10, 1953 (Ga. L. 1953, Nov.-Dec. Sess., Act No. 528, p. 2156), an Act approved February 23, 1956 (Ga. L. 1956, Act No. 146, p. 2507), an Act approved February 14, 1957 (Ga. L. 1957, Act No. 28, p. 2083), an Act approved March 17, 1958 (Ga. L. 1958, Act. No. 76, p. 2269), an Act approved March 17, 1959 (Ga. L. 1959, Act No. 395, p. 3126), and an Act approved March 17, 1960 (Ga. L. 1960, Act No. 713, p. 2617) is hereby repealed in its entirety. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. There will be introduced during the 1962 session of the General Assembly of Georgia, an Act to repeal an Act Incorporating the City of Covington, Newton County, Georgia, Approved August 18, 1918, (Ga. L. 1918 p. 630), as amended: To re-incorporate and to grant a new charter to the City of Covington, Georgia; 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 preserve, continue in force and remain valid and binding until the same are repealed and amended; to provide for a corporate seal; to provide for legal publication of ordinances and for other purposes. W. D. Ballard, County Representative. Georgia, Newton 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 copies 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: December 28th, 1961, and on January 4th., and January 11th 1962. /s/ W. D. Ballard, W. D. Ballard, Representative Newton County, Ga.
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Sworn to and subscribed before me, on this January 15, 1962. /s/ Patricia Anne Bowen, Notary Public. Commission expires March 17, 1964. (Seal). Approved January 30, 1962. CITY OF WARRENTONCORPORATE LIMITS. No. 532 (Senate Bill No. 187). An Act to amend an Act creating and incorporating the City of Warrenton in lieu of the Town of Warrenton, approved July 30, 1908 (Ga. L. 1908, p. 966), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 129), by an Act approved March 4, 1955 (Ga. L. 1955, p. 2601), by an Act approved March 7, 1955 (Ga. L. 1955, p. 317), and by an Act approved December 13, 1960 (Ga. L. 1961, p. 2320), so as to extend the city limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and incorporating the City of Warrenton in lieu of the Town of Warrenton, approved July 30, 1908 (Ga. L. 1908, p. 966), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 129), by an Act approved March 4, 1955 (Ga. L. 1955, p. 2601), by an Act approved March 7, 1955 (Ga. L. 1955, p. 317), and by an Act approved December 13, 1960 (Ga. L. 1961, p. 2320), is hereby amended by adding after the second sentence of section 1 the following: The territorial limits of the City of Warrenton are extended to include all lands embraced within the limits of a line extending from the present city limits on the Mayfield Road 925 feet westwardly to the property line between the
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Jebco and the J. S. Gunn property; thence 1600 feet in a southerly direction along said Jebco and J. S. Gunn property lines to the Georgia railroad right-of-way; thence 138 feet westwardly down the Georgia Railroad right-of-way; thence southwardly across the right-of-way of the Georgia Railroad to the corner between the last options to the Warrenton Promotions by the R. H. Fowler Estates and other lands of R. H. Fowler Estates; thence 220 feet southerly along said line to the Macon Highway, Georgia #16, thence 1,000 feet in a northerly direction along the right-of-way of said highway Georgia #16 to the present city limits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved January 31, 1962. See Enrolled Act for Advertisement and Affidavit. CITY OF WAYCROSSCORPORATE LIMITS. No. 533 (House Bill No. 776). 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. 1909, pp. 1456-1507), and the several Acts amendatory thereof, so as to extend the city limits of the City of Waycross so as to include within city limits that portion of the right of way of U. S. Highway No. 82 extending from the present city limits to its intersection with Industrial Boulevard, and, also certain vacant lands owned by City of Waycross and Ware County, Georgia, on both sides of said Industrial Boulevard; 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 Georgia, and it is hereby enacted by the authority of
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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. Laws 1909, pp. 1456-1507), and the several Acts amendatory thereof, be and the same is amended so as to provide as follows: From and after the passage of this Act the corporate limits of the City of Waycross shall be extended so as to include within said city limits the following described tract of land: All that tract of land lying and being in Ware County, Georgia, and adjacent to the present city limits of Waycross, Georgia described as follows: Beginning at a point on the southern margin of the right of way of U. S. Highway No. 82 (State Route No. 50) at its intersection with the present western city limits of the City of Waycross, Georgia, on Albany Avenue, and thence running in a westerly direction and along the southern margin of the right of way of said highway for a distance of approximately three (3) miles to a point, which point is directly opposite the point of intersection of the northern margin of the right of way of said highway with the western margin of Indsutrial Boulevard; thence running in a stright line north 18 degrees 11 minutes east to the point of intersection of the northern margin of the right of way of said U. S. Highway No. 82 with the western margin of the right of way of Industrial Boulevard; thence running in a westerly direction along the northern margin of the right of way of U. S. Highway No. 82 a distance of 400 feet to a point, which point is 167 feet eastwardly as measured along the northern margin of the right of way of said U. S. Highway No. 82 from its intersection with the center of Thigpen Road (Thigpen Road being 100 feet in width); thence running in a straight line north 18 degrees 11 minutes east a distance of 765 feet to the property now occupied by Oceola Fruit Distributors; thence at right angles and running south 71 degrees 49 minutes east a distance of 400 feet to the western margin of the right of way of Industrial Boulevard and north 18 degrees 11 minutes east a distance of 1210 feet; thence running along the northerly margin of
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property occupied by Sioux Honey Association north 71 degrees 49 minutes west a distance of 400 feet to a stake; thence north 18 degrees 11 minutes east a distance of approximately 2000 feet to the southerly margin of the right of way of Fulford Road; thence easterly along the southerly margin of the right of way of Fulford Road a distance of approximately 540 feet to the easterly margin of Industrial Boulevard; thence south 18 degrees 11 minutes west along the easterly margin of Industrial Boulevard a distance of 1231 feet to a concrete marker; thence north 85 degrees east a distance of 327 feet to a stake; thence south 2 degrees east a distance of 2625 feet to a stake which is the southwest corner of land lot 124 in the 8th land district of Ware County, Georgia; thence south 86 degrees 44 minutes west a distance of 599 feet to a stake; thence south 9 degrees 33 minutes west a distance of 707 feet to the northern margin of the right of way of U. S. Highway No. 82 (State Route 50); thence in an easterly direction along the northern margin of the right of way of U. S. Highway No. 82 approximately 2.9 miles to the present city limits of Waycross, Georgia. Section 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, the jurisdiction, authority, ordinances, rules and regulations of the City of Waycross shall extend and apply to the territory described in section 1 of this Act. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Proposed Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of Georgia, at its session beginning in January, 1962, 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, to extend the city limits of the City of Waycross so as to include within said
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city limits that portion of the right of way of U. S. Highway No. 82 extending from the present city limits to its intersection with Industrial Boulevard at the Waycross-Ware County Airport, and also certain vacant lands owned by City of Waycross and Ware County, Georgia, on both sides of said Industrial Boulevard; and for other purposes. City of Waycross By Ray Willingham, 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 26, 1961, and January 2, 9, 1962. /s/ Jack Williams, Jr. Sworn to and subscribed before me this 12 day of January, 1962. /s/ Bettie L. Davis Notary Public, Ware County, Georgia. (Seal). Approved February 1, 1962.
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TOWN OF MILNERAUTHORITY TO CLOSE NAMED STREETS. No. 535 (House Bill No. 865). An Act to amend an Act establishing a new charter for the Town of Milner, approved August 13, 1912, (Ga. L. 1912, p. 1131), so as to provide said town with power to close certain streets; 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 Town of Milner, approved August 13, 1912, (Ga. L. 1912, p. 1131), is hereby amended by adding to said charter a new section to read as follows: The Town of Milner is hereby empowered to close either in whole or in part First Street and Cedar Street. Provided, however, if either or both of said streets should be only partially closed at any time, said mayor and council may at any later date close any additional portion of either or both entirely. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of a bill entitled as follows: An Act amending the charter of the Town of Milner; giving power to said town to close First Street and Cedar Street, either in whole or in part; providing that should said streets, or either of them be only partially closed at any time, said mayor and council may at any later date close any additional portion of either or both of said streets or may at any later date close them or either of them entirely; to repeal all conflicting laws, and for other purposes.
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This 19th day of December, 1961. /s/ Haygood Keadle, Representative, Lamar County, Georgia Notice. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of a bill entitled as follows: An Act amending the charter of the Town of Milner; giving power to said town to close First Street and Cedar Street, either in whole or in part; providing that should said streets, or either of them be only partially closed at any time, said mayor and council may at any later date close any additional portion of either or both of said streets or may at any later date close them or either of them entirely; to repeal all conflicting laws, and, for other purposes. This 19th day of December, 1961. Haygood Keadle, Representative, Lamar County, Georgia We, the undersigned, do hereby certify that the above and foregoing mentioned bill will be introduced by the Representative of Lamar County, Georgia, at the request of the mayor and council of the Town of Milner and the Lamar County Board of Education. G. A. Weldon, Chairman Lamar County Board of Education. W. Q. Gresham, Superintendent Lamar County Schools.
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W. J. Morgan, Mayor Town of Milner Kennedy, Kennedy, Seay and Bowman, By: Clifford Seay Attorneys for Town of Milner. Kennedy, Kennedy, Seay and Bowman By: Clifford Seay Attorneys for Lamar County Board of Education. 12/21-28 /4. Georgia, Lamar County. Personally before me, the undersigned officer, duly authorized to administer oaths, appeared William W. Dennis, who, after being duly sworn, on oath says as follows: That he is the 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 notice to introduce local legislation is an exact copy of the notice that has been published in said News-Gazette in the weekly issues of December 21, 1961, December 28, 1961 and January 4, 1962. /s/ William W. Dennis Sworn to and subscribed before me, this the 9 day of January, 1962. /s/ Clifford Seay, Notary Public, Lamar County, Georgia. My Commission expires 12-21-63. (Seal). Approved February 5, 1962.
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CITY OF BARNESVILLECHARTER AMENDED. No. 536 (House Bill No. 717). An Act to amend an Act captioned, Barnesville Charter Amended, approved February 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2006): so as to extend the corporate limits of the City of Barnesville to include therein a tract of land presently owned by said City of Barnesville; to provide for a change in the date of the election in which the mayor and councilmen of the said City of Barnesville, shall be elected; to provide for a change in the time the mayor and councilmen shall be installed; to provide for a change in the date the salary and compensation of the mayor and councilmen and other employees shall be set; to provide for a change in the fiscal year; to provide for a change in the time of ending of the term of the registrars; to provide for closing streets, sidewalks and alleys; to provide for membership in municipal associations and other associations, firms and corporations; to provide for payment of expenses to the elected officials of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same; that an Act captioned Barnesville Charter Amended, approved February 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2006), is hereby amended as follows: Section 1. By adding a new section at the end of section 2, and before section 3, or said Act approved February 2, 1953, said new section to be known as section 2A, as follows: Section 2A. Be it enacted that the following described tract of land which is owned by the said City of Barnesville shall also be included in the corporate limits of said City of Barnesville and said corporate limits are hereby extended to include said tract of land described as: A portion of land lot 105 of the seventh land district of Lamar County, Georgia as shown in a plat entitled Proposed
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Addition to City of Barnesville dated November 29, 1961 by Griffin Engineering Mfg. Co. and recorded in plat book 3, page 230 of Lamar County Superior Court records. Proposed addition is more particularly described with reference to said plat as beginning at the present city limits line on the south right of way line of U. S. Highway Number 41 (Forsyth Street); thence from said point of beginning southwardly, 2975 feet, more or less, along the 1 mile radius present city limits line to the south boundary of land lot 105; thence south 88 degrees 46 minutes east, 1463.2 feet, more or less, along the south boundary of land lot 105 to the southeast corner of said land lot 105; thence north 1 degree 40 minutes east, 2853.3 feet along the east boundary of land lot 105 to the south right of way line of U. S. Highway Number 41; thence south 88 degrees 31 minutes west, 745.0 feet along the south right of way line of U. S. Highway Number 41 to the present city limits line and point of beginning. Corporate limits. The General Assembly declares that the said city owns said above described tract of land; that said land is an exclusive possession of said city; and that no person resides on same. Section 2. That said Act is further amended by striking section 4 (b) in its entirety and inserting in lieu thereof a new section 4 (b) which shall read as follows: Section 4 (b). Elections of the officials of the City of Barnesville shall be held at the city hall or such other place or places as the mayor and city council may hereafter designate, on the dates hereinafter provided for, to wit: On the fourth Tuesday in August, 1962, two (2) councilmen shall be elected to serve through September 30, 1964. One of the councilmen to be elected in 1962 shall be a resident of ward three and the other shall be a resident of ward four, and their successors shall likewise be residents of wards three and four respectively. The councilmen elected on the fourth Tuesday in August, 1962, shall be installed in office on September 8, 1962, and their successors shall be elected on the second Tuesday in September of each two
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(2) years thereafter and said successors shall be installed in office on the first day of October, 1964 and each two years thereafter on the first day of October. Mayor and Councilmen. On the fourth Tuesday in August, 1963, a mayor and two councilmen shall be elected to serve through September 30, 1965. One of the councilmen to be elected in 1963 shall be a resident of ward one and the other shall be a resident of ward two, and their successors shall likewise be residents of wards one and two respectively. The mayor and councilmen elected on the fourth Tuesday in August, 1963 shall be installed in office on September 8, 1963, and their successors shall be elected on the second Tuesday in September of each two (2) years thereafter and said successors shall be installed in office on the first day of October, 1965, and each two years thereafter on the first day of October. The mayor and all of the councilmen of said city, as provided for herein, after their election and qualification, shall serve until their successors are elected and qualified. The mayor and all of said councilmen herein provided for, at all of said elections, shall be elected by the voters from the city at large, but said councilmen shall be residents of the several wards, as hereinbefore provided for, while the mayor must be a resident of said city, he may be a resident of any ward in said city. Section 3. Said Act is further amended by striking section 4 (c) in its entirety, and inserting in lieu thereof a new section 4 (c), which shall read as follows: Section 4(c). After the approval of this Act, the said mayor, and all of said city councilmen, when elected, and before entering into the performance of their official duties, shall take and subscribe to the following oath: I do solemnly swear that I will faithfully discharge the duties devolved on me as Mayor or Councilman (as the case may be) of the City of Barnesville; that I will faithfully execute and enforce the laws of said City to the best of my ability, skill and knowledge; and I will do all in my
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power to promote the general welfare of the inhabitants of said City and common interest thereof. Same, oath. Should any such elected official of the city (mayor and/or councilman) fail to be installed on the date herein provided for, such installation shall take place as soon thereafter as practical. Section 4. That said Act is further amended by striking section 5 (f) in its entirety and inserting in lieu thereof a new section 5 (f), which shall read as follows: Section 5 (f). Be it further enacted, that the mayor and city council is authorized and empowered to fix and determine the compensation or salary to be received by each employee, either elective or appointive, of said City of Barnesville, including the mayor and council members. They may determine how and when such compensation or salary is to be paid and in such amounts as they deem proper. The salary and compensation shall be fixed and determined at the meeting of the mayor and council of each year hereafterwards or as soon thereafter as convenient, at which the councilmen (or mayor and council, as the case may be) are installed, and when once fixed and determined, the same amount will be paid under the same terms and provisions until changed by said mayor and city council. Salaries. Section 5. Said Act is further amended by striking section 5 (h) in its entirety and inserting in lieu thereof a new section 5(h), which shall read as follows: Section 5 (h). Be it further enacted, that the mayor and council not later than thirty days after the first day of October in each year shall employ a certified public accountant to completely audit the business and affairs of the City of Barnesville for the previous fiscal year, which fiscal year is hereby declared to end on the 30th day of September each year, after the passage of this Act, and a copy of said audit, when completed, shall be kept on file in the office of the clerk for inspection by the public during office hours. Any failure on the part of the mayor and
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council or city clerk to comply with the terms of this section of this Act shall be punishable by the removal of the person or persons responsible for such violation from office, and further such person or persons shall be subject to the payment of one thousand dollars ($1,000.00) for each of such offenses, which said one thousand dollars ($1,000.00) shall be paid to the City of Barnesville. Audits. Section 6. Said Act is further amended by striking section 7 (a) in its entirety and inserting in lieu thereof a new section 7 (a), which shall read as follows: Section 7 (a). From and after the passage of this Act, the mayor and council shall appoint three citizens of Barnesville as registrars whose term of office shall end June 30th of each year or when 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. Registrars. Section 7. Said Act is further amended by adding a new sub-section to section 9 of said Act; said sub-section thus added is to be known as section 9 (v) and said new sub-section shall read as follows: Streets, etc. Section 9 (v). To close streets, sidewalks and alleys in said city. Section 8. That said Act is further amended by adding a new section at the end of section 10 (b) and before section 11, said new section to be known as section 10 (c), which shall read as follows: Section 10 (c). Be it further enacted that the mayor and council of said city are hereby authorized to make appropriations and payments from the general revenues and funds of the city for dues, fees, assessments, expenses and contributions to, and said city may become a member of, various municipal associations and other associations, firms or corporations which are or which may be organized in
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said city or in the State of Georgia or in the United States for the purpose of improving municipal governments or securing more efficient operation of municipal services and utilities and/or the training of municipal officers and/or employees. Municipal associations. Section 9. Said Act is hereby amended by adding a new section thereto, said section to be known as section 42, and shall read as follows: Section 42. From and after the passage of this Act, the mayor of said city shall be paid the sum of nine hundred dollars ($900.00) per annum as an expense allowance. Each of the councilmen of said city shall be paid the sum of six hundred dollars ($600.00) per annum as an expense allowance. All such expense allowances for each year shall be paid in twelve (12) equal monthly payments. However, the mayor and said councilmen shall be reimbursed for their actual expenses at any time they are required to leave said City of Barnesville either to perform their duties or to attend to the business affairs of said city. Said expense allowances and expenses shall be paid in addition to the salaries of the mayor and councilmen. Mayor and Council, expenses. Section 10. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. Section 11. Be it further enacted by the authority aforesaid that the General Assembly finds upon investigation and so declare that notice of intention to apply for the enactment of this bill was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945, as amended. A copy of said notice and of the proof of publication required by said Constitution is hereto attached and made a part hereof. Notice of Intention to Apply for Local Legislation. Georgia, Lamar County. Notice is hereby given that the City of Barnesville intends to apply for the passage of local legislation at the
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next session of the General Assembly of Georgia, which convenes in January, 1962, which will have for its purpose, amending the city charter of the City of Barnesville in the County of Lamar, State of Georgia; such local legislation to be introduced will be for the purpose of amending an Act captioned Barnesville Charter Amended, approved February 2, 1953, and, such local legislation will be entitled: An Act to amend an Act captioned Barnesville Charter Amended, approved February 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2006): so as to extend the corporate limits of the City of Barnesville to include therein a tract of land presently owned by said City of Barnesville; to provide for a change in the date of the election in which the mayor and councilmen of the said City of Barnesville, shall be elected; to provide for a change in the time the mayor and councilmen shall be installed; to provide for a change in the date the salary and compensation of the mayor and councilmen and other employees shall be set; to provide for a change in the fiscal year; to provide for a change in the time of ending of the term of the registrars; to provide for closing streets, sidewalks and alleys; to provide for membership in municipal associations and other associations, firms and corporations; to provide for payment of expenses to the elected officials of said city; to repeal conflicting laws; and for other purposes. This the 4th day of December, 1961. /s/ Haygood Keadle, Representative of Lamar County, Georgia. Georgia, Lamar County. Personally before me, the undersigned officer, duly authorized to administer oaths, appeared William W. Dennis, who, after being duly sworn, on oath says as follows: That he is the 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
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that the attached notice to introduce local legislation is an exact copy of the notice that has been published in said News-Gazette in the weekly issues of December 7, 1961, December 14, 1961 and December 21, 1961. /s/ William W. Dennis. Notice of Intention to Apply for Local Legislation. Georgia, Lamar County. Notice is hereby given that the City of Barnesville intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia, which convenes in January 1962, which will have for its purpose, amending the city charter of the City of Barnesville in the County of Lamar, State of Georgia; such local legislation to be introduced will be for the purpose of amending an Act captioned Barnesville Charter Amended, approved February 2, 1953, and, such local legislation will be entitled: An Act to amend an Act captioned Barnesville Charter Amended, approved February 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 2006); so as to extend the corporate limits of the City of Barnesville to include therein a tract of land presently owned by said City of Barnesville; to provide for a change in the date of the election in which the mayor and councilmen of the said City of Barnesville, shall be elected; to provide for a change in the time the mayor and councilmen shall be installed; to provide for a change in the date the salary and compensation of the mayor and councilmen and other employees shall be set; to provide for a change in the fiscal year; to provide for a change in the time of ending of the term of the registrars; to provide for closing streets, sidewalks and alleys; to provide for membership in municipal associations and other associations, firms and corporations; to provide for payment of expenses to the elected officials of said city; to repeal conflicting laws; and for other purposes. This the 4th day of December, 1961. /s/ Haygood Keadle, Representative of Lamar County, Georgia.
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Sworn to and subscribed before me, this the 3rd day of January, 1962. /s/ Harvey J. Kennedy, Jr. Notary Public, Lamar County, Georgia. My Commission expires March 18, 1962. (Seal). Approved February 5, 1962. CITY OF BLAKELYCHARTER AMENDED. No. 539 (House Bill No. 844). 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 August 16, 1915, entitled An Act to amend an Act entitled `An Act to create and incorporate the City of Blakely,' approved December the 18th, 1900, so as to change the method of the election of officers, and for other purposes, and other Acts amendatory thereof, by repealing, in its entirety, Sec. 4 of said Act of August 16, 1915, which imposed restrictions upon the succession and election of mayor and councilmen, and by providing for the succession and election of the mayor and councilmen of the City of Blakely; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act of the General Assembly of Georgia approved December 18, 1900, 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 the Act approved August 16, 1915, entitled An Act to amend an Act entitled `An Act to create and incorporate the City of Blakely,' approved December the 18th, 1900, so as to change the method of the election of officers, and for other purposes (Ga. L. 1915, pp. 506-507), and by other Acts amendatory thereof, is hereby amended
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by repealing Sec. 4 of said Act of August 16, 1915, which section imposed restrictions upon the succession and election of the mayor and councilmen of the City of Blakely, and said sec. 4 of said Act of August 16, 1915, is hereby repealed in its entirety. Prior Act repealed. Section 2. From and after the passage and approval of this Act, any person otherwise qualified may, except as hereinafter restricted in section 4 of this Act, be elected and serve as mayor of the City of Blakely for any number of terms, but never for more than two terms in immediate succession; and any person otherwise qualified may, except as hereinafter restricted by section 3 of this Act, be elected and serve as a councilman of the City of Blakely for any number of terms, whether intermittenly or in immediate succession. Mayor and councilmen. Section 3. From and after the passage and approval of this Act, no person holding the office of mayor of the City of Blakely shall, during his term of office, be elected or serve as a councilman of said city without having first resigned as mayor, unless the term of office of councilman to which he seeks election begins, according to law, after the expiration of his term as mayor, in which case he shall not be required to resign as mayor before offering for election to such term as councilman. Candidates for councilman. Section 4. From and after the passage and approval of this Act, no person holding the office of councilman of the City of Blakely shall, during his term of office, be elected or serve as mayor of said city without having first resigned as such councilman, unless the term of office of mayor to which he seeks election begins, according to law, after the expiration of his term as councilman, in which case he shall not be required to resign as councilman before offering for election to such term as mayor. Candidates for mayor. Section 5. Any vacancy in the office of either mayor or councilman of the City of Blakely may be filled at the next regular city election taking place not less than thirty days after such vacancy occurs; or the same may be filled at a special election called for that purpose by a majority
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of the remaining members of the city council, of which election ten days' public notice shall be given. No person shall be a candidate in such special election unless he shall give notice of his candidacy to the mayor or the clerk of council in writing at least five days prior to the holding of such special election. Vacancies. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Georgia, Early County. This is to give notice of the intention of the undersigned to introduce at the forthcoming session of the General Assembly of Georgia which convenes in January, 1962, next, local legislation affecting the City of Blakely, Georgia, in said county and captioned as follows: 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 August 16, 1915, entitled An Act to amend an Act entitled `An Act to create and incorporate the City of Blakely,' approved December the 18th, 1900, so as to change the method of the election of officers, and for other purposes, and other Acts amendatory thereof, by repealing, in its entirety, sec. 4 of said Act of August 16, 1915, which imposed restrictions upon the succession and election of mayor and councilmen, and by providing for the succession and election of the mayor and councilmen of the City of Blakely; to repeal conflicting laws; and for other purposes: This notice is given in compliance with the requirements of Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945, as amended. /s/ Leon H. Baughman Representative of Early County, Georgia, in the General Assem- bly of Georgia.
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Georgia, Early County: Personally appeared before the undersigned authority A. T. Fleming, who, being first duly sworn, on oath says that he and W. H. Fleming, as partners, are the owners and 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 legislature appeared and was published in said newspaper in the issues of December 21 and 28, 1961, and January 4, 1962, thereof, 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 18th day of January, 1962: /s/ Lowrey S. Stone, Notary Public, Georgia, State at Large. My commission expires Jan. 2, 1963. (Seal). Approved February 6, 1962. CITY OF BLAKELYCORPORATE LIMITS. No. 540 (House Bill No. 845). 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, so as to extend the corporate limits of the City of Blakely; to provide an effective date therefor; 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:
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Section 1. The Act of the General Assembly of Georgia 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 (including the Act of the General Assembly of Georgia approved March 4, 1961 (Ga. L. 1961, Vol. II, pp. 2245-2250) and ratified by referendum duly held pursuant thereto, extending the corporate limits of said City of Blakely northward one and one-half miles) is hereby amended by extending the corporate limits of said City of Blakely so as to include therein all the territory within the following bounds: Beginning at the northeast corner of that territory added to the City of Blakely by the Act of the General Assembly of Georgia approved March 4, 1961 (Ga. L. 1961, Vol. II, pp. 2245-2250) and the ratification thereof by referendum which was duly held pursuant thereto, and from said point of beginning run thence eastward in an extension of the north line of said territory so added to said city by said Act of March 4, 1961, to the intersection thereof with the original east lot line of land lot no. 123 in the 28th land district of Early County, Georgia; thence south along the original east lot lines of said land lot no. 123 and of land lots nos. 124, 125, 126, 127, 128, 129 and 130 to the original southeast lot corner of said land lot no. 130; thence run westward along the original south lot lines of said land lot no. 130 and of land lots nos. 151, 170 and 191 to the original southwest lot corner of said land lot no. 191; thence run north along the original west lot lines of said land lot no. 191 and of land lots nos. 192, 193, 194, 195, 196, 197 and 198 to a point on said original west lot line of said land lot no. 198 where the same would be intersected by the westward extension of said north line of said territory added to said city by said Act of March 4, 1961; thence eastward to the northwest corner of said territory added to said city by said Act of March 4, 1961; thence eastward along the north line of said territory added to said city by said Act of March 4, 1961, to the northeast corner thereof, the point of beginning: all of said land lots hereinabove mentioned lying and being in the 28th land district of Early County, Georgia;
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and the corporate limits of said City of Blakely are hereby extended accordingly: Provided, however, that this Act shall not become effective until midnight on the 31st day of December, 1962. Effective date. Section 2. This Act shall become effective at midnight on the 31st day of December, 1962, whereupon the extension of the corporate limits of the City of Blakely herein-above provided shall go into effect and the charter and ordinances of said City of Blakely, as the same shall then stand and exist, shall become of full force and effect within and throughout the corporate limits of said City of Blakely as extended and defined by this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Georgia, Early County: Please take notice that it is the intention of the undersigned to introduce local legislation extending the corporate limits of the City of Blakely at the forthcoming session of the General Assembly of Georgia which convenes in January, 1962, next, which said legislation will be captioned as follows: 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, so as to extend the corporate limits of the City of Blakely; to provide an effective date therefor; and for other purposes. This local legislation will extend the city limits of the City of Blakely so as to include therein all the territory within the following bounds: Beginning at the northeast corner of that territory added to the City of Blakely by the Act of the General Assembly of Georgia approved March 4, 1961 (Ga. L. 1961, Vol. II, pp. 2245-2250) and the ratification thereof by referendum
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which was duly held pursuant thereto, and from said point of beginning run thence eastward in an extension of the north line of said territory so added to said city by said Act of March 4, 1961, to the intersection thereof with the original east lot line of land lot no. 123 in the 28th land district of Early County, Georgia; thence south along the original east lot lines of said land lot no. 123 and of land lots nos. 124, 125, 126, 127, 128, 129 and 130 to the original southeast lot corner of said land lot no. 130; thence run westward along the original south lot lines of said land lot no. 130 and of land lots nos. 151, 170 and 191 to the original southwest lot corner of said land lot no. 191; thence run north along the original west lot lines of said land lot no. 191 and of land lots nos. 192, 193, 194, 195, 196, 197 and 198 to a point of said original west lot line of said land lot no. 198 where the same would be intersected by the westward extension of said north line of said territory added to said city by said Act of March 4, 1961; thence eastward to the northwest corner of said territory added to said city by said Act of March 4, 1961; thence eastward along the north line of said territory added to said city by said Act of March 4, 1961, to the northeast corner thereof, the point of beginning: all of said land lots hereinabove mentioned lying and being in the 28th land district of Early County, Georgia. and if said local legislation is passed and approved, would become effective at midnight on the 31st day of December, 1962. This notice is given in compliance with the requirements of Article III, Section VII, Paragraph XV of the Constitution of Georgia of December, 1961. Leon H. Baughman, Representative for Early County in the General Assembly of Georgia. Georgia, Early County: Personally appeared before the undersigned authority A. T. Fleming, who, being first duly sworn, on oath says that he and W. H. Fleming, as partners, are the owners
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and publishers of the Early County News, the official gazette of said county wherein sheriff's advertisements for said county are published, and that the above and foregoing notice of local legislation appeared and was published in said newspaper in the issues of January 4, January 11 and January 18, 1962, thereof, 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 18th day of January, 1962. /s/ Lowrey S. Stone, Notary Public, Georgia, State at Large. My commission expires January 2, 1963. (Seal). Approved February 6, 1962. BURKE COUNTYEMPLOYEE'S PENSION SYSTEM. No. 541 (House Bill No. 902). An Act to amend an Act creating a retirement benefit fund for the employees of Burke County, approved December 7, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2049), so as to provide that after the approval of this Act no future employees shall be able to come under the provisions of the Burke County Pension System; to provide that those employees presently subject to the provisions of the pension system may petition in writing for a refund of 50% of his contributions; to provide that participation in the pension fund no longer be a condition of county employment; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a retirement benefit fund for the employees of Burke County, approved December 7,
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1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2049), is hereby amended by striking from section 1 of said Act the words or hereafter, so that when so amended said Act shall read as follows: Section 1. From and after the passage and the effective date of this Act there is created a County Employee's Pension Fund for permanent employees of the Board of Commissioners of Roads and Revenues of Burke County, Georgia, as now constituted, excluding employees of the Burke County Department of Health and Department of Public Welfare of Burke County, and the Burke County Board of Education, and excluding the County Agent and County Home Demonstration Agent of Burke County, from which funds shall be paid retirement pensions, total disability pensions, temporary disability pensions, a refund upon death before retirement, a refund upon separation from the service as hereinafter provided. Section 2. Said Act is further amended by adding after section 21 a new section to be known as section 21A to read as follows: Section 21A. Any permanent employee subject to the provisions of this Act may petition in writing that 50% of his contributions under this Act be returned to him within 90 days, and if said 50% is returned to said employee, he shall have no further claim or right to receive payments of any kind or character from said fund. Once an employee withdraws his contributions as hereinbefore provided, he may not thereafter come under the coverage provided by this Act. Refunds. Section 3. Said Act is further amended by striking section 27 in its entirety and inserting in lieu thereof the following: Section 27. From its effective date this Act constitutes a contract between said board, said county, and each employee, including permanent employees now existing and coming under the provisions of this Act, who are entitled to its benefits; provided however, nothing in this Act shall
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be construed as authorizing payment of benefits, either retirement or disability, to any persons who have terminated their employment at the effective date of this Act. No county employee not covered by this pension system on the effective date of this amendment shall hereafter be allowed to participate therein or be entitled to any of the benefits thereof. Intent. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit. State of Georgia, Burke County Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oaths, Roy F. Chalker, who on oath deposes and says that he is publisher of The True Citizen, a newspaper published in the City of Waynesboro, Georgia, of general circulation in Burke County, Georgia, and that the attached advertisement has been published in The True Citizen once a week for 3 weeks in the regular issues of Dec. 20, 27, 1961 and Jan. 3, 1962. /s/ Roy F. Chalker Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia, a bill to amend the Retirement Benefit Fund for the employees of Burke County, approved December 7, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2049); to provide that members of the fund may withdraw their contributions from the fund; to provide that no future employees shall come under the provisions of that Act; to abolish the provisions of the Act requiring employees to join the Retirement Benefit Fund; to provide that once an employee withdraws from the Fund he cannot join it again; and for other purposes.
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This the 19th day of December, 1961. M. K. Tucker P. B. Lewis, Jr. Representatives, Burke County Sworn to and subscribed before me this 3rd day of January, 1962. /s/ Reba L. Parker, Notary Public, Burke County, Ga. My Commission expires Dec. 1, 1964. (Seal). Approved February 6, 1962. BURKE COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 542 (House Bill No. 903). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Burke, approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, so as to change compensation of 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 creating a board of commissioners of roads and revenues for the County of Burke, approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, is hereby amended by striking from section 4 thereof the figure $4.00 and substituting in lieu thereof the figure $12.50, so that when so amended section 4 shall read as follows: Section 4. Be it further enacted that each of said commissioners of roads and revenues shall be paid $12.50 per day for each day that they actually serve and are sitting for county purposes.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit. State of Georgia, Burke County Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oaths, Roy F. Chalker, who on oath deposes and says that he is publisher of The True Citizen, a newspaper published in the City of Waynesboro, Georgia, of general circulation in Burke County, Georgia, and that the attached advertisement has been published in The True Citizen once a week for 3 weeks in the regular issues of Dec. 20, 27, 1961 and Jan. 3, 1962. /s/ Roy F. Chalker Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 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 Burke, as amended, so as to change compensation of the members of said board; and for other purposes. This 19th day of December, 1961. M. K. Tucker P. B. Lewis, Jr. Representatives, Burke County Sworn to and subscribed before me, this 3 day of January, 1962. /s/ Reba L. Parker, Notary Public, Burke County, Ga. My Commission expires Dec. 1, 1964. (Seal). Approved February 6, 1962.
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CITY COURT OF WAYNESBOROJUDGE'S SALARY. No. 543 (House Bill No. 904). An Act to amend an Act creating the City Court of Waynesboro in Burke County, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved August 11, 1904 (Ga. L. 1904, p. 227), by an Act approved February 25, 1949 (Ga. L. 1948, Ex. Sess., and 1949 Regular Sess., p. 1737), and by an Act approved February 12, 1951 (Ga. L. 1951, p. 2369), conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Waynesboro in Burke County, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved August 11, 1904 (Ga. L. 1904, p. 227), by an Act approved February 25, 1949 (Ga. L. 1948, Ex. Sess., and 1949 Regular Sess., p. 1737), and by an Act approved February 12, 1951 (Ga. L. 1951, p. 2369), is hereby amended by striking from section 4 of said Act the words two thousand four hundred and inserting in lieu thereof the words two thousand seven hundred, and by inserting at the end of the second sentence of section 4 the following: or out of the treasury or depository of the County of Burke by the board of commissioners of roads and revenues for the County of Burke, or by such other person or persons charged by law with the duty of paying out money and funds for said County of Burke. so that when so amended said section 4 shall read as follows: Section 4. Be it further enacted by the authority aforesaid, That there shall be a judge of said city court, who shall be elected by the qualified voters of the County of Burke, 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
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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 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 court shall receive a salary of two thousand seven hundred dollars per annum, which shall be paid monthly by the treasurer of the County of Burke, or out of the treasury or depository of the County of Burke by the board of commissioners of roads and revenues for the County of Burke, or by such other person or persons charged by law with the duty of paying out money and funds for said County of Burke. The judge of said court may practice law in any other court except his own. The first election for said judge shall be held on the third Wednesday in September, 1903, under the rules and regulations governing the election of the members of the General Assembly. The judge elected on the third Wednesday in September 1903, shall hold said office until January 1, 1905. His successor shall be elected at the general election for Governor and members of the General Assembly to be held in the year 1904, and shall hold his office for a term of four years from January 1, 1905, and thereafter said judge shall be elected every four years, as hereinabove provided. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit. State of Georgia, Burke County Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oaths, Roy F. Chalker, who on oath deposes and says that he is publisher of The True Citizen, a newspaper published in the City of Waynesboro, Georgia, of general circulation in Burke County, Georgia, and that the attached advertisement has been published in The True Citizen once a week
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for 3 weeks in the regular issues of Dec. 20, 27, 1961 and Jan. 3, 1962. /s/ Roy F. Chalker Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia, a bill to amend the Act creating the City Court of Waynesboro in Burke County, approved August 15, 1903 (Ga. L. 1903, page 174), and all Acts amendatory thereof, so as to provide for a change or increase in the salary of the judge of said court: and for other purposes. This 19th day of December, 1961. M. K. Tucker P. B. Lewis, Jr. Representatives, Burke County Sworn to and subscribed before me, this 3 day of January, 1962. /s/ Reba L. Parker, Notary Public, Burke County, Ga. My Commission expires Dec. 1, 1964. (Seal). Approved February 6, 1962. CITY OF CARTERSVILLECHARTER AMENDED. No. 544 (House Bill No. 881). An Act to amend an Act creating a new charter for the City of Cartersville, approved February 8, 1937 (Ga. L. 1937, p. 1532), as amended, so as to change the corporate limits of said city; to provide that the mayor and aldermen of said city shall have the power to enter into contracts for group insurance covering the city officials and employees,
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including the right to appropriate sums of money to pay either all or a portion of the premiums therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Cartersville, approved February 8, 1937 (Ga. L. 1937, p. 1532), as amended, is hereby amended by adding at the end of section 2 (a) 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: Beginning at the S.W. corner of land lot #625 and S.E. corner of land lot #626, and running S 129[prime] E a distance of 1359.3[prime] more or less to the S.E. corner of land lot #671; thence running S 8813[prime] W a distance of 5511.8[prime] along the southern boundaries of land lots 671, 670, 669, and 668 to the S.W. corner of land lot 668; thence running N 123[prime] E a distance of 1368.7[prime], more or less, along the western boundary of land lot 668 to the N.W. corner of land lot 668; thence running N 8819[prime] E a distance of 5509.8[prime], more or less, along the northern boundaries of land lots 668, 669, 670, and 671 to the S.E. corner of land lot 626 and point of beginning. Corporate limits. Section 2. Said Act is further amended by adding a new section thereto, to be known as Section 30 (a) and to read as follows: Section 30(a). The board of aldermen shall have the power to enter into contracts of insurance with any insurance company authorized to transact business in this State, insuring the city officials and employees or any class or group thereof under a policy or policies of group insurance, or more than one class of such insurance, and may contract with any such insurance company or companies granting annuities or pensions, and, for any and all such purposes may appropriate use of the treasury funds sufficient to pay either all or a portion of the premium charges incident to the issuance and continuation of such policy or policies. Group insurance.
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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the following local legislation will be introduced at the January 1962 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; to provide insurance protection for the officers, employees, and their dependents of the City of Cartersville, Georgia; and for other purposes. This 3rd day of January, 1962. /s/ William B. Greene Representative, Bartow County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authority to administer oaths, William 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 Tribune News, which is the official organ of said county, on the following dates: Jan. 4, 1962, Jan. 11, 1962, and Jan. 18, 1962. /s/ William B. Greene, Representative, Bartow County. Sworn to and subscribed before me, this 23 day of January, 1962. /s/ Jeanne M. Hill. Notary Public. (Seal). Approved February 6, 1962.
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LONG COUNTYCOMPENSATION OF TAX COLLECTOR. No. 545 (House Bill No. 993). An Act to prescribe the rate of commission which the tax collector of Long County shall receive; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The commission which the tax collector of Long County shall receive for the collection of all taxes, which he is authorized by law to collect, shall be at the rate of five and one-half per cent (5-%), which shall be in lieu of any other rate provided by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. House of Representatives House Chamber, Atlanta. To Whom It May Concern: This is to certify and give notice that a Bill or Resolution will be introduced in the General Assembly of the State of Georgia during Regular Session beginning as of January 8, 1962, affecting the Commission of the Tax Collector, Long County, Georgia. /s/ Byron M. Fitzgerald Representative Long County Georgia. Georgia, Long County. In person before the undersigned officer duly authorized to administer oaths came Mrs. Helen Williams Coxon, who being first duly sworn, on oath says that she is the Editor, owner and publisher of The Ludowici News, a weekly newspaper published in Long County, Georgia; that said newspare is the official organ in and for Long County, Georgia;
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that the foregoing, sub-joined and attached printed matter is a true, correct and exact copy of a notice and was duly published in the issues of January 12, 1962, January 19, 1962, and January 26, 1962 of the said The Ludowici News. /s/ Helen Williams Cox Sworn to and subscribed before me, January 27th, 1962. /s/ Nan H. Ellis, Notary Public, Georgia State at Large. My Commission Expires Feb. 7, 1965. (Seal). Approved February 9, 1962. CITY OF THOMASTONCHARTER AMENDED, REFERENDUM. No. 546 (House Bill No. 962). 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 provide for the election of six (6) members of the council of the City of Thomaston, their terms of office, installation, duties, powers and authority; the filling of a vacancy in the office of councilman; the election of a mayor of the City of Thomaston by the members of the city council from among its members, his term of office, installation, duties, powers and authority; the filling of a vacancy in the office of mayor; the appointment of a city manager by the mayor and council, his term of office, duties, salary, powers and authority; for the removal of the city manager from office by the mayor and city council; for the filling of a vacancy in the office of city manager by the mayor and council; the appointment of a city clerk and treasurer, a city attorney, and a city auditor by the mayor and council, their terms of office, compensation, and duties; the fixing
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of salaries of the mayor, mayor pro tem. and councilmen by the mayor and council within the limits provided by the charter of said city; the limitation of the authority of the mayor and council over department heads of said city and subordinate employees of said city; to provide for a refendum submitting this Act to the voters of the City of Thomaston and thereby conditioning the application of this Act upon their acceptance or rejection; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the 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 6 of said Act, as amended, and substituting in lieu thereof a new section 6 of said Act, as amended, to read as follows: Section 6. Be it further enacted, that the municipal government of said city shall be vested in a council consisting of six (6) councilmen, which council shall, from its own members, elect a mayor so that after said election of a mayor the municipal government of said city shall be vested in a mayor and a council consisting of the five (5) remaining councilmen whose qualifications and manner of election are hereinafter prescribed; and that the present mayor and councilmen shall continue in office during the respective terms for which they were elected and qualified and until their successors are elected and qualified as hereinafter prescribed. On the second Monday in December 1962, and every two (2) years thereafter, three (3) councilmen shall be elected to serve for two (2) years and until their successors are elected and qualified; and on the second Monday in December 1963, and every two (2) years thereafter, three
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(3) councilmen shall be elected to serve for two (2) years and until their successors are elected and qualified. The present mayor, having been elected for a term expiring January 1, 1964, shall continue in the office of mayor until January 1, 1964, and until his successor is elected and qualified as hereinafter prescribed. On January 1, 1964, and annually on said date thereafter, the council shall elect one (1) of its members to the office of mayor of the City of Thomaston for a term of one (1) year. The council shall elect as mayor the one of the councilmen who, with due regard to his experience and qualifications, is, in its opinion, most suitable for the office, without undue emphasis upon his length of service as councilman. If the first day of January shall fall on a Sunday, or if a mayor fail to be elected on that day, such election of a mayor by the council shall take place as soon thereafter as practicable. Mayor and councilmen. 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 8 of said Act, as amended, and substituting in lieu thereof a new section 8 of said Act, as amended, to read as follows: Section 8. Be it further enacted, that in case of a vacancy in the office of councilman from failure to elect, death, removal or any cause whatever, said vacancy shall be filled by an election ordered by the city council to take place not more than sixty (60) days from the time such vacancy occurs, under the same rules and regulations that govern other elections in said city. The city clerk shall cause notice of the holding of said election and the time and purpose thereof to be published once a week for two (2) weeks prior to said election in the newspaper in which sheriff's advertisements for Upson County are published. Same, vacancies.
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In the case of a vacancy in the office of mayor for any reason, such vacancy shall be filled within thirty (30) days after such vacancy occurs by the members of the council at any regular meeting. Section 3. 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 12 of said Act, as amended, and substituting in lieu thereof a new section 12 of said Act, as amended, to read as follows: Section 12. Be it further enacted, that the councilmen elected on the second Monday in December 1962, shall on the first day of January 1963, be installed in office and the councilmen elected on the second Monday in December 1963, shall on the first day of January 1964, be installed in office, and in each such installation said councilmen shall take and subscribe the following oath: `I do solemnly swear that I will discharge the duties devolved on me as councilman of the City of Thomaston; 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 interests thereof.' And on the first day of January 1964, the mayor elected by the council from among its own members shall, on said first day of January 1964, be installed in office and shall take and subscribe the following oath: `I do solemnly swear that I will faithfully discharge the duties devolved on me as mayor of the City of Thomaston; that I will faithfully execute and enforce the laws of said city to the best of my ability, skill and knowledge; that I will do all in my power to promote the general welfare of the inhabitants of said city and common interests thereof. And on the first day of January of each year thereafter, the councilmen elect, followed by the mayor
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elect after his election by the council, shall be installed in office by taking and subscribing said oaths. If the first day of January in any year shall fall on Sunday or if any such mayor or councilman fail to be installed on that day, such installation shall take place as soon thereafter as practicable. Oath, etc. Section 4. 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 13 of said Act, as amended, and substituting in lieu thereof a new section 13 of said Act, as amended, to read as follows: Section 13. Be it further enacted, that the mayor shall preside at meetings of the city council and that the mayor shall not be allowed to vote at meetings of the mayor and city council except that he shall vote in cases of a tie vote by the council on any question, resolution or measure. Said mayor shall have the veto power and may veto any measures, ordinances, orders, or resolutions of the city council, in which event the same shall not become a law or enforceable unless subsequently passed over his veto by a vote of at least four (4) councilmen on a yea and nay vote duly recorded on the minutes; provided that unless the mayor shall file in writing with the city clerk his veto of any measure passed by the council, together with his reasons for disapproval, within three (3) days after its passage, said measure shall become a law as though approved by him. The mayor may approve in writing any measure passed by the city council and it shall go into effect immediately. Mayor. Section 5. 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
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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 14 of said Act, as amended, and substituting in lieu thereof a new section 14 of said Act, as amended, to read as follows: Section 14. Be it further enacted, that within one hundred eighty (180) days after this Act becomes law, as provided for herein, the mayor and council shall appoint a city manager who 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 council solely on the basis of his executive and administrative qualifications, with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter outlined. No person elected as mayor or as councilman of the City of Thomaston shall, subsequent to such election, be eligible for appointment as city manager until two (2) years have elapsed following the expiration of the term for which he was elected. City manager, term. The city manager shall be appointed for such term as the mayor and council shall prescribe, but not to exceed two (2) years duration. A city manager, so appointed by mayor and council, shall be eligible to succeed himself in such office if he is so reappointed at the end of his term by the mayor and council. Upon the expiration of the term for which the city manager is appointed or upon a vacancy in the office of city manager due to death, resignation, or any other cause, the mayor and council shall within one hundred eighty (180) days after said vacancy occurs appoint a city manager to fill said vacancy for such term as the mayor and council shall prescribe, but not to exceed two (2) years duration. The city manager, during his term of office, may be removed by the mayor and council. At least thirty (30)
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days before such removal may become effective, the city manager shall be furnished with a formal statement from the mayor and council stating their intention to remove him and the reasons therefor, with reasonable particularity. The city manager may reply in writing to such notice if he so desires. The mayor and council may fix a time for a public hearing upon the question of his removal if they so desire; and if, within five (5) days after his receipt of notice from the mayor and council of their intention to remove him, the city manager shall request a public hearing, then the mayor and council shall fix a time for a public hearing upon the question of his removal; and if, in either event, a time for a public hearing upon the question of his removal is fixed by the mayor and council, the final resolution removing the city manager shall not be adopted until such public hearing has been had. Upon notifying the city manager of their intention to remove him, the mayor and council may suspend him from duty but his pay shall continue until his removal shall become effective as herein prescribed. The action of the mayor and council in removing the city manager shall be final and conclusive and not subject to review. Removal. In case of the absence, disability or suspension of the city manager, or in case of a vacancy in the office of city manager, the mayor and council may designate a qualified person to temporarily perform the duties of the city manager during such absence, disability, suspension or vacancy. (a) The city manager shall receive such compensation as may be prescribed by the mayor and council, provided, that his annual salary shall be not less than Five Thousand Dollars ($5,000.) per year. (b) The City manager shall devote all of his working time and attention to the affairs of the city and shall be responsible to the mayor and council for the efficient administration of all of the affairs of the city over which he has jurisdiction. (c) The city manager shall have the following powers and duties:
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(1) To see that all laws and ordinances of the city are enforced. Duties. (2) To appoint, subject to the confirmation of the mayor and council, the heads of such departments as the mayor and council shall from time to time establish, and to appoint, without the confirmation of the mayor and council, such other officers and employees as may be necessary or proper: Provided that excepted from this power of appointment are its officers and employees who, by this Act, are appointed or elected by the mayor and council, the board of education of the city, and the officers and employees of the city school system. (3) To remove department heads, officers and employees of the City of Thomaston without the consent of the mayor and council: Provided he shall not have the right to remove those officers and employees who, by this Act, are appointed or elected by the mayor and council, nor the members of the board of education of the city, nor the officers and employees of the city school system. (4) To fix all salaries and compensation of the department heads of the various city departments within the minimum and maximum limits prescribed by council, and to fix all salaries and compensation of all other city employees lawfully employed by him. (5) To exercise supervision and control of all departments of the city that are now or may hereafter be created by the mayor and council, except as otherwise provided for in this Act. (6) To attend all meetings of the mayor and council, with a right to take part in the discussion but having no vote. The city manager shall be entitled to notice of all special meetings of the mayor and council. (7) To recommend to the mayor and council the adoption of such measures, ordinances and resolutions as he may deem necessary or expedient.
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(8) To make and execute all lawful contracts, except as otherwise provided for herein, on behalf of the city as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance passed by the mayor and council; provided, however, no electric light, water, or other public utility plant or system now or hereafter owned by the City of Thomaston shall be sold, leased or otherwise disposed of except in strict compliance with section 3 of the charter of the City of Thomaston, nor shall any realty of any kind or character be purchased except when so authorized by the mayor and council, nor shall any other property now or hereafter owned by said city, either real or personal, be sold, leased or otherwise disposed of except in strict accordance with the provisions of section 3 of the city charter. (9) The city manager shall, at the first regular meeting in each calendar year, submit to the mayor and council for their consideration a budget of the proposed expenditures of the city for the ensuing year, the probable revenue for that year and from what sources it is expected. Said annual budget shall be divided by calendar months and shall show in as much detail as practicable the amount allotted to each department of the city government. Said budget, as submitted by the city manager, shall be subject to the approval of the mayor and council who may make such changes therein as they shall deem advisable. Upon the approval of said annual budget by said mayor and council, thereafter, no part of any amount allotted to any department shall be expended by the city manager on account of any other department except with the prior consent of the mayor and council, and the city manager shall not expend for any department during any calendar quarter of said year any amount that exceeds one-fourth () of the amount budgeted for said department in said annual budget, except with the previous consent of the mayor and council. Said budget, when submitted by the city manager to the mayor and council for its consideration, shall reserve not less than five per cent (5%) of the probable revenue anticipated for said year as a deficiency appropriation
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reserve, which reserve shall be allocated and expended only with the approval of the mayor and council. (10) To keep the mayor and council at all times fully advised as to the financial condition and needs of the city. (11) To make a full report to the mayor and council at the first meeting thereof in each month, showing the operations and expenditures of each department of the city government for the preceding month. (12) To perform such other duties as may be required by ordinance or resolution of the mayor and council. (13) The city manager shall be the purchasing agent for the city and shall make all purchases of supplies for departments under his control and shall approve all vouchers for the same. Provided, that the mayor and council may, by resolution, require competitive bids on purchases under such rules and regulations as the mayor and council may from time to time prescribe. (14) The city manager, before entering upon the discharge of his duties, shall give such bond, conditioned in such manner, as the mayor and council shall require and the city manager shall have authority to require of all employees under his jurisdiction such bond, under such conditions, as he shall require, and all of such bonds shall be payable to the City of Thomaston, and its successors, for the benefit of the city and all premiums on all such bonds shall be paid by the city. (15) Within thirty (30) days after the end of each calendar year, the city manager shall submit a detailed financial report of the affairs of the city, which report shall be audited by the city auditor. (16) To request, at the expense of the city, when needed by him, the services and advice of the city attorney; provided the expense of the same shall not exceed two hundred dollars ($200.) in any one month, in addition to the retainer
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of such city attorney, without the approval of the mayor and council. (17) To request, at the expense of the city, when needed by him, the services and advice of the city auditor; provided the expense of same shall not exceed two hundred dollars ($200.) in any one month, in addition to the prescribed fees of such city auditor, without the approval of the mayor and council. (d) During any vacancy in the office of city manager, until the same shall be filled by the mayor and council as herein provided, the mayor and council shall have power and authority to perform all of the functions of the city manager. (e) The mayor shall be the official head of the city, and as such may exercise, in the corporate limits and police 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 the power, when necessary in his opinion, to give such orders through the city manager to the city police as he shall deem necessary, and to call on any and every male inhabitant of said city over eighteen (18) years of age to aid the city in suppressing riot and disorder and in enforcing the laws of said city. Section 6. 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 section 17 of the said Act, as amended, and substituting in lieu a new section 17 of said Act, as amended, to read as follows: Section 17. Be it further enacted, that the mayor and council of said city annually at their first meeting, or as
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soon as is practicable thereafter, shall appoint a city clerk and treasurer, a city attorney, and a city auditor. The city auditor may be designated as a firm of auditors rather than an individual if the mayor and council deem such action advisable. Each of said officers shall take such oath, give such bond and perform such duties as the mayor and council may prescribe. Said officers shall be appointed for one (1) year but shall be subject to removal at any time, with or without cause, holding their office at the pleasure of the mayor and council. At said first annual meeting, or as soon thereafter as is practicable, the mayor and council shall fix the compensation of the city clerk and treasurer, the city attorney, and the city auditor, and also shall fix the salaries of the mayor, mayor pro tem. and councilmen within the limits provided by charter, all of which shall be subject to revision at any time. City attorney, auditor, etc. Section 7. 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 18 of said Act, as amended, and substituting in lieu thereof a new section 18 of said Act, as amended, to read as follows: Section 18. Be it further enacted that, neither the mayor, nor council, nor any of the committees of council, nor councilmen composing the council, shall direct or request the appointment of any person to, or his removal from, office by the city manager or any of his subordinates; nor in any manner take part in the appointment or removal of officers and employees of the city, except as otherwise provided in this Act. Except for the purpose of inquiry, the mayor and councilmen shall deal with such officers and employees, whom the city manager is authorized to appoint, solely through the city manager and neither the mayor nor
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council, nor any councilman, shall give orders to any subordinates of the city manager, either publicly or privately. City employees. Section 8. Within a period of sixty (60) days after the approval of this Act by the governor, or after it otherwise becomes law, the mayor and council of the City of Thomaston shall cause an election to be held within the City of Thomaston as city elections are now held, for the purpose of submitting this Act to the voters of the City of Thomaston for approval or rejection. The mayor and council shall set the date for such election and 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 newspaper in which sheriff's advertisements for Upson County are published. The ballot shall have written or printed thereon the words: `For approval of the Act to amend the charter of the City of Thomaston. `Against approval of the Act to amend the charter of the City of Thomaston.' Referendum. In said election all persons desiring to vote in favor of this Act shall so indicate by striking out `Against approval of the Act to amend the charter of the City of Thomaston' and those persons desiring to vote against this Act shall so indicate by striking out `For approval of the Act to amend the charter of the City of Thomaston'. If a majority of those voting in said election shall vote in favor of this Act, said Act shall become effective immediately; if a majority of those voting in said election shall vote against this Act, said Act shall be void and no force and effect. The expense of such election shall be done by the City of Thomaston. It shall be the duty of the mayor and council, in the manner provided for other city elections, to declare the result thereof, to spread the result thereof upon the minutes of the mayor and council of the City of Thomaston, and certify the result of said election to the Secretary of State of the State of Georgia. Section 9. All laws and parts of laws in conflict with the provisions of this Act be, and the same 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 1962 session of the General Assembly of Georgia, a bill to amend the Act creating a new charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, p. 1070), as amended, creating the office of city manager for the City of Thomaston; providing a minimum salary for said city manager; providing for the term of office, duties, powers and limitations of such office; providing for the appointment of said city manager by the mayor and council; providing for the removal of said city manager by the mayor and council; providing for the appointment of a city attorney and a city auditor by the mayor and council; providing for the initial appointment and subsequent election of six (6) councilmen for the City of Thomaston, their terms of office, manner of election, duties, powers and authority; the initial appointment of a mayor of the City of Thomaston and the subsequent election of a mayor of the City of Thomaston by members of the city council from among its members, his term of office, duties, powers and authority; to provide for an effective date of said Act and for a referendum submitting said Act to the voters of the City of Thomaston for their approval or disapproval; to repeal conflicting laws; and for other purposes. This 10th day of January, 1962. /s/ Johnnie L. Caldwell Representative, Upson County, Georgia. /s/ Talmage B. Echols, Representative, Upson County, Georgia. 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,
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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 11, 1962, January 18, 1962, and January 25, 1962. Thomaston Publishing Co. /s/ Leon Smith Sworn to and subscribed before me, this 26th day of January, 1962. /s/ Betty H. Huckaby Notary Public, Upson County, Georgia. My commission expires August 20, 1965. (Seal). Approved February 9, 1962. CITY OF HOGANSVILLECHARTER AMENDED. No. 555 (House Bill No. 772). An Act to amend an Act creating a new charter for the City of Hogansville, approved March 12, 1941 (Ga. L. 1941, p. 1505), as amended particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2827), and by an Act approved March 6, 1956 (Ga. L. 1956, p. 3078), so as to extend the corporate limits of the city; to change the hours during which the polls are open on election day; to increase the salary limit of the mayor; to increase the salary limit of each councilman; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Hogansville, approved March 12, 1941 (Ga. L. 1941, p. 1505), as amended particularly by an Act approved March 6, 1956, (Ga. L. 1956, p. 2827), and by an Act approved March 6, 1956 (Ga. L. 1956, p. 3078), is hereby amended by adding at the end of section 3 a new section to be known as section 3(a) and to read as follows: Section 3(a). All that tract or parcel of land lying and being in the Hogansville District, Troup County, Georgia, and being more particularly described as follows: Beginning at a point where the eastern boundary of the City of Hogansville intersects with the north edge of Boyd Road and running thence north 79 east a distance of 1,253 feet to a point and running thence north 69 east 235.5 feet; running thence north west 257 feet to a point; running thence north 88 east 77.5 feet to a point; running thence north 2 east 398 feet to a point; running thence north 88 east 341 feet to a point; running thence north 15 west 1,350 feet to a point; running thence north 1 west 1,641 feet to a point; running thence north 88 east 1,382 feet to a point; running thence north west 2,742 feet to a point; running thence in a westerly direction along the southern boundary of Blue Creek to the south side of the Blue Creek Bridge crossing; thence westerly 80 feet to a point; thence northerly 80 feet to a point; thence easterly 80 feet to a point; thence in a northwesterly direction 770 feet along the western boundary of Blue Creek; thence south 84 west 2,152 feet; thence south 27 east 77 feet to present city limit line. Corporate limits. Section 2. Said Act is further amended by striking from section 5 the figures 8:00 and 5:00 and inserting in lieu thereof the figures 7:00 and 6:00 so that, when so amended, section 5 shall read as follows: Section 5. Be it further enacted, That all elections in which any subject or question is submitted to the qualified voters of said City of Hogansville, shall be superintended and managed by a Justice of the Peace, or some other judicial
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officer, and two freeholders who are citizens of said city and own real estate therein, or by three freeholders, all of whom be citizens of said city and own real estate therein, and each of said Managers, before entering on his duties shall take and subscribe before some Justice of the Peace or other officer qualified to administer oaths, or before each other, 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 at the city hall in said city, and the voting shall be by ballot. The polls shall be open at 7:00 o'clock a.m. and close at 6:00 o'clock p.m. Persons receiving the highest number of votes for the respective offices shall be declared elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and council. The mayor and council shall determine and provide for the pay of managers, and of any clerks that may be necessary in holding elections. Hours for holding elections. Section 3. Said Act is further amended by striking from section 12 the figures $100.00 and $60.00 and inserting in lieu thereof the figures $200.00 and $120.00 so that, when so amended, section 12 shall read as follows: Section 12. Be it further enacted, That at the first regular meeting of the mayor and council of said city after election and qualification, or as soon as is expedient thereafter, they shall elect a city clerk, who shall be ex-officio treasurer, tax collector, tax receiver, and clerk of the Recorder's Court of said City of Hogansville; a marshal, a chief of police, as many policemen as in the judgment of said mayor and council may be necessary, a city attorney, city physician, a superintendent of water, lights, and streets, and such other officers as the mayor and council may deem necessary in the government of the city. Any two or more of the above named officers may be combined if, in the judgment of the mayor and council, such will be to the advantage of the city. Each of said officers shall take such oaths, perform such duties and give such bonds as the
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mayor and council may by ordinance prescribe; provided, that all bonds of officers shall be payable to the City of Hogansville. Said mayor and council shall have the power and authority, and it shall be their duty, at said meeting, to fix the salaries and compensation of said mayor, not to exceed $200.00 per annum, and each councilman, not to exceed $120.00 per annum, and all other officers, agents, and employees of said city. All officers of said city shall hold their offices at the pleasure of the mayor and council. All expenditures of the mayor and council and the compensation of the city officers shall be paid out of the city funds by an order drawn by the city clerk and countersigned by the mayor, or in his absence, by the mayor pro tem. Compensation of mayor and council. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Troup County. Before me personally appeared Glen Long, who being duly sworn, deposes and says that he is the editor and asso. publisher of The LaGrange Daily News, and that the same in a public gazette published in the City of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: Notice of Local Legislation. In the General Assembly of Georgia for the year 1962 a a bill will be introduced to amend the charter of the City of Hogansville by extending the city limits on the north and east sides to incorporate 314.42 acres into the city limits of Hogansville, Georgia, as shown on plat made by R. C. Barrow, December 4, 1961, on file in Hogansville, Georgia. This 18th day of December, 1961. Mayor and Council of the City of Hogansville By: B. O. Askew, Jr., Mayor
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Notice of Local Legislation. In the General Assembly of Georgia for the year 1962 a bill will be introduced to amend section 12 of the charter of the City of Hogansville, Georgia to provide that the mayor shall receive a salary not to exceed $200.00 per annum and each councilman to receive a salary not to exceed $120.00 per annum. This 18th day of December, 1961. Mayor and Council of the City of Hogansville By: B. O. Askew, Jr., Mayor Notice of Local Legislation. In the General Assembly of Georgia for the year 1962 a bill will be introduced to amend section 5 of the charter of the City of Hogansville, Georgia so as to change the time that the polls, during an election, shall be open from 8 o'clock a. m. until 5 o'clock p. m. to 7 o'clock a. m. until 6 o'clock p. m. This 18th day of December, 1961. Mayor and Council of the City of Hogansville By: B. O. Askew, Jr., Mayor has been published in said LaGrange Daily News, to-wit: Dec. 22, 1961, Dec. 29, 1961, and Jan. 5, 1962, being three publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen Long, Editor and Asso. Pub.
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Sworn and subscribed before me, this 12 day of January, 1962. /s/ E. W. Fleming Notary Public, Troup County. (Seal). Approved February 13, 1962. TROUP COUNTYOFFICERS PLACED ON SALARY BASIS. No. 557 (House Bill No. 818). An Act to repeal an Act relative to the salaries of officials in certain counties approved February 2, 1955 (Ga. L. 1955, Vol. 2, p. 2006) to enact provisions to provide for the compensation of the sheriff, the clerk of superior court, the ordinary and the tax commissioner of Troup County; to provide for deputies and assistants to such officers and their method of compensation; to provide for the disposition of fees, commissions, percentages and costs; to provide for a stipulated amount of compensation; to provide for payment of the same; to provide an effective date to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to repeal an Act relative to the salaries of officials in certain counties. Approved February 2, 1955 (Ga. L. 1955, Vol. 2, p. 2006), to provide for the compensation of the clerk of superior court, the sheriff, the ordinary, and the tax commissioners of Troup County; to provide for deputies and assistants to such officers and their method of compensation; to provide for the disposition of fees, commissions, percentages and costs; to provide for the method by which compensation shall be fixed in the future; to provide the procedure connected therewith; to provide an effective date to repeal conflicting laws and for other purposes, is hereby repealed in its entirety. Prior Act repealed.
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Section 2. The compensation of the sheriff, the clerk of superior court, the ordinary and tax commissioner of Troup County is hereby placed on a salary basis in lieu of a fee basis as hereinafter provided. Placed on salaries. Section 3. The sheriff of Troup County shall be compensated in the amount of ten thousand ($10,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Troup County. Such compensation shall be all-inclusive and the sheriff shall receive no other compensation for any service he performs in any capacity or in any court. Sheriff. Section 4. The clerk of the superior court of Troup County shall be compensated in the amount of nine thousand five hundred ($9,500.00) dollars per annum, to be paid in equal monthly installments from the funds of Troup County. This compensation shall be all-inclusive and the clerk shall receive no other compensation for any service as clerk or ex-officio clerk of any other court or in any other capacity. Clerk of superior court. Section 5. The tax commissioner of Troup County shall be compensated in the amount of nine thousand ($9,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Troup County. This compensation shall be in full payment for all services for receiving and collecting taxes due the State, county or any other sub-division and for discharging any and all duties imposed by law, and the said tax commissioner shall receive no other remuneration from fees or from any other source. Tax commissioner. Section 6. The ordinary of Troup County shall be compensated in the amount of eight thousand five hundred ($8,500.00) dollars per annum, to be paid in equal monthly installments from the funds of Troup County. Such compensation shall be in full payment and shall cover all services of such official and said official shall receive no other fees or remuneration for his services. Ordinary. Section 7. The board of commissioners of roads and revenues of Troup County shall from time to time determine
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the number of deputies, assistants and other help and the amount of compensation to be paid such employees as the said board may determine to be proper. All supplies, material and equipment reasonably required and as may be determined by said board of commissioners shall be furnished by Troup County. Deputies, supplies, etc. Section 8. All fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind which shall now or hereafter be allowed by law to be received or collected for services rendered by any officer herein named, shall be received and collected by all of said officers, and each of them, for the sole use of Troup County, and shall be held as public moneys belonging to said county and accounted for and paid over to said county on or before the tenth day of each month, at which time a detailed itemized statement shall be made by the officer showing such collections and sources from which collected. The board of commissioners may adopt such rules as may be proper to provide for implementation of this Section. Fees. Section 9. It is the intent of this Act that the salary herein fixed and provided for shall represent the sole compensation of said officers from all sources; any additional compensation that may by law accrue to and be received by any officer herein named shall be deducted from the salary herein provided for and such salary reduced to such extent for the year in which received. Intent. Section 10. In the distribution of all costs among officers to whom this Act applies, both in particular cases or matters and all insolvent costs and all fines, forfeitures and fees which may become due and payable after the effective date of the Act, Troup County shall be subrogated to the rights and claims of such officers who, but for this Act, would be entitled to compensation out of any fines, forfeitures and fees, and shall be, after the effective date of this Act, entitled to all funds, moneys or emoluments accruing to any of the officers herein named. After the effective date of this Act, when orders on the insolvent fund or other charge of findings are entered and approved in the name of each officer entitled thereto, the same shall be
Page 2096
entered and approved in the name of the respective officer for such portion of said moneys as he is entitled to for the use and benefit of Troup County. The procedure now in force by which officers shall collect the costs, as to the distribution thereof, shall remain in force but, as herein provided, all such sums shall be collected for the use of Troup County and shall be paid monthly to Troup County by such officer. Costs. Section 11. Should any part, portion or section of this Act be declared invalid, the remainder shall stand. Intent. Section 12. This Act shall become effective January 1, 1963. Effective date. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Section 14. Be it further enacted by the authority aforesaid that the General Assembly advises upon investigation and so declares by the passage of this Act that the notice of intention to apply for the enactment of this Bill was published in the manner required by Article III, Section 7, paragraph 15 of the Constitution of Georgia of 1945 (Code section 2-1915). A copy of said notice and proof of publication required by said Constitution is hereto attached and made a part hereof. Affidavit of Publisher of Newspaper. Georgia, Troup County. Before me personally appeared Phil Buchheit, who being duly sworn, deposes and says that he is the publisher of the LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the sheriff's sales of said County of Troup in said State, and that the above notice of intention to introduce local legislation was published in said newspaper on the following dates: December 22, 29, 1961, January 5, 12, 1962, being four publications
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of said notice issued on dates aforesaid respectively. /s/ Phil Buchheit Publisher. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia, legislation to provide for fixed salaries for the sheriff, clerk of court, tax commissioner, and ordinary; to provide the amount of such salaries; to provide for payment; and for other purposes. Troup County Board of Commissioners. Sworn to and subscribed before me, this 12th day of January, 1962. /s/ Eleanor H. Orr, Notary Public, Troup County. (Seal). Approved February 13, 1962. CITY OF KINGSLANDPUBLIC UTILITIES No. 558 (House Bill No. 856). An Act to amend an Act incorporating the City of Kingsland, in Camden County, Georgia, approved August 15, 1927, (Ga. L. 1927, pp. 1241-1278) and all amendatory acts thereto, to provide for a system of natural or manufactured gas in said city, to empower the mayor and council of said city to do all things necessary for such purpose, to provide for the granting of a franchise for such purpose, to increase the period for which franchises may be granted, to repeal conflicting laws, and for other purposes.
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Be it enacted by the General Assembly of Georgia, and it hereby is enacted by authority of the same: Section 1. An Act to amend an Act incorporating the City of Kingsland, in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, pp. 1241-1278), and all amendatory Acts thereto, is hereby amended by inserting the words natural or manufactured gas system after the word sewerage each time it appears in section 47 so that said section, as amended, will read as follows: Section 47. Be it further enacted, that the mayor and council of the City of Kingsland shall have the power and authority to build, establish, maintain, equip, repair, extend, or enlarge a system of waterworks, sewerage, natural or manufactured gas system, electric lights (any one or all of them) in the City of Kingsland, for the purpose of supplying its inhabitants and the city and consumers generally with water, sewerage, natural or manufactured gas system, and electric lights, or any of them, and the said mayor and council shall have the power to do any and all things necessary for such purposes; to contract with any person or persons, firms, or corporations, for the purchase of land or premises to be used in connection therewith, whether within or without the city, and to contract for the purchase of easements over lands and premises to be used in connection therewith, whether the lands and premises over which easements are desired are within or without the limits of said city, and, if necessary for any or all of such purposes, to condemn the same as herein provided for. Said mayor and council, in the name of the city, shall have full power and authority to make purchase of plants, machinery, and any and all articles and things that may be necessary or advisable for the proper equipment of said plants or either of them, and for the purpose of properly repairing and maintaining the same, or for the purpose of extending, enlarging, or in any way improving said plants, or either of them; to build and erect houses, bore wells, build shapes and to furnish the same with machinery, tools, and equipment that may be necessary or expedient in the care and maintenance of said plants; and to generally have the power
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and authority to do any and all things necessary or expedient to the upkeep, care, maintenance, and improvement of said plants or in the extension or enlargement thereof. Said mayor and council, in the name of the city, shall have the right and authority to make contracts with the inhabitants of said city, and to consumers generally, whether residents of said city or residents without the limits thereof, for the furnishing of water, electric lights, electric power, sewerage, natural or manufactured gas system, or any of them, at such rates and under such rules and regulations as the mayor and council may provide. Said mayor and council in the name of said city, shall have the right, power, and authority to contract with any person, firm, or corporation whatever, for the furnishing of electric lights to light the streets of such municipality, or for the furnishing of electric power to said city, upon such terms, conditions, stipulations, agreements, and limitations as the mayor and council may prescribe; and the said City of Kingsland shall have the power and authority to enforce such contracts in the courts of this State, in the same manner that other contracts are enforced under the laws of Georgia, said mayor and council shall also have the right and authority to contract with persons, firms, and corporations in other municipalities for the furnishing of electric lights and power under the same terms, rates, rules, and regulations as the same is furnished to residents of the City of Kingsland, or at a higher rate as the said mayor and council of the City of Kingsland may provide. For the purpose of carrying out the provisions of this Act the mayor and council of said city shall have the right and authority to purchase or condemn land and premises for such purposes, whether within or without the limits of said city, the condemnation proceedings to be the same as hereinbefore set out in this charter. Public utilities. Section 2. Said Act is further amended by inserting the words natural or manufactured gas system after the word sewerage each time it appears in section 48 of said Act and by striking the word twenty as it appears and substituting therefor the word thirty so that said section, as amended, will read as follows: Section 48. Be it further enacted, that the said mayor
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and council shall also have full power and authority to grant franchises over its streets and other public property to any persons, firms, or corporations for the furnishing of water, electric lights, electric power, sewerage, natural or manufactured gas system, or any of them, to the city and its inhabitants, and to make such contracts, with such persons, firms, or corporations for water, electric lights, electric power, sewerage, natural or manufactured gas system, or any of them as the mayor and council, may deem proper; provided further, that no such franchise shall be granted for a period longer than thirty years from the date of granting same. The mayor and council of the City of Kingsland are hereby authorized and empowered to enact all laws, ordinances, rules, and regulations necessary to carry out and effectuate this section; provided, however, that any franchise heretofore granted to any person, firm or corporation by the City of Kingsland shall be continued for the full period of time as heretofore granted by said town. Franchises. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Camden. Affidavit of Author. In person before the undersigned appeared J. Nolan Wells who, on oath, says that he is a Representative from Camden County and that the foregoing Notice of Intention to Seek Local Legislation was duly published in the official gazette of Camden County in its issues of December 22nd, December 29th, 1961 and January 5, 1962, as follows: Notice of Intention to Seek Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia at its January, 1962 session for the passage of local legislation, the title of such bill is to be as follows: An Act to amend an Act incorporating the City of Kingsland, in Camden County, Georgia, approved August 15, 1927, (Ga. L. 1927, pp. 1241-1278) and all amendatory Acts
Page 2101
thereto, to provide for a system of natural or manufactured gas in said city, to empower the mayor and council of said city to do all things necessary for such purpose, to provide for the granting of a franchise for such purpose, to increase the period for which franchises may be granted, to repeal conflicting laws, and for other purposes. This 18th day of December, 1961. J. Nolan Wells Camden County Representative /s/ J. Nolan Wells Camden County Representative Sworn to and subscribed before me this 20th day of January, 1962. /s/ Mildred B. Deen Notary Public, Georgia, State at Large My Commission Expires March 23, 1963. (Seal). Approved February 14, 1962. CITY OF ST. MARYSAUTHORITY TO CLOSE NAMED STREETS. No. 559 (House Bill No. 854). An Act to authorize and empower the City of St. Marys, Georgia, to abandon and close by ordinance the following portions of city streets: North Street between Osborne Street on the west and Broad Street on the east; Cole Street between North Street on the south and Boundary Street on the north; Broad Street between North Street on the south and Boundary Street on the north; Boundary Street between Osborne Street on the west and Broad Street on the east; McDowell Avenue between the
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St. Marys Railroad right-of-way on the south and a point 900 feet south of the south right-of-way line of the St. Marys-Kingsland Highway on the north; to authorize and empower the city to execute and deliver its deed conveying the title to said abandoned and closed streets to corporations, boards and individuals owning adjacent lands; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The mayor and aldermen of the City of St. Marys, Georgia are hereby authorized and empowered to permanently close, abandon and abolish those certain portions or sections of the following streets in said city, to wit: North Street between Osborne Street on the west and Broad Street on the east; Cole Street between North Street on the south and Boundary Street on the north; Broad Street between North Street on the south and Boundary Street on the north; Boundary Street between Osborne Street on the west and Broad Street on the east; McDowell Avenue between the St. Marys Railroad right-of-way on the south and a point 900 feet south of the south right-of-way line of the St. Marys-Kingsland Highway on the north. Section 2. The City of St. Marys is hereby authorized and empowered to execute and deliver its deeds conveying the title of the above-mentioned portions of city streets to corporations, boards and individuals owning adjacent lands. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Camden. Affidavit of Author. In person before the undersigned appeared J. Nolan Wells who, on oath, says that he is a Representative from Camden County and that the following Notice of Intention to Seek Local Legislation was duly published in the official gazette of Camden County in its issues of December 22nd, December 29th, 1961, and January 5th, 1962, as follows:
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Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia which convenes on January 9, 1962 a local bill, the title of which is as follows: An Act to authorize and empower the City of St. Marys, Georgia, to abandon and close by ordinance the following portions of city streets: North Street between Osborne Street on the west and Broad Street on the east; Cole Street between North Street on the south and Boundary Street on the north; Broad Street between North Street on the south and Boundary Street on the north; Boundary Street between Osborne Street on the west and Broad Street on the east; McDowell Avenue between the St. Marys Railroad right-of-way on the south and a point 900 feet south of the south right-of-way line of the St. Marys-Kingsland Highway on the north; to authorize and empower the City to execute and deliver its deed conveying the title to said abandoned and closed streets to corporations, boards and individuals owning adjacent lands; and for other purposes. This 18th day of December, 1961. J. Nolan Wells Camden County Representative /s/ J. Nolan Wells Camden County Representative Sworn to and subscribed before me this 20th day of January, 1962. /s/ Mildred B. Deen Notary Public, Georgia, State at Large My Commission Expires March 23, 1963. (Seal). Approved February 14, 1962.
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CITY OF ST. MARYSHOURS OF HOLDING ELECTIONS. No. 560 (House Bill No. 858). An Act to amend the charter of the City of St. Marys by changing the hours for keeping the polling places open in city elections so that the polls will be kept open from seven o'clock a.m. to seven o'clock p.m., and for other purposes. Be it enacted by the General Assembly of Georgia and it hereby is enacted by authority of the same: Section 1. That that certain Act amending the charter of the City of St. Marys, (Ga. L. 1952, pp. 2440-2442) approved February 12, 1952, be and it hereby is repealed in its entirety. Prior Act repealed. Section 2. That section 11 of that certain Act granting a charter to the City of St. Marys (Ga. L. 1910, pp. 1086-1117) approved August 15, 1910, be and the same is hereby amended by striking the following sentence from said section of said Act: The polls shall open at eight o'clock a.m. and close at three o'clock p.m. and substituting in lieu thereof the following sentence: The polls shall open at seven o'clock a.m. and close at seven o'clock p.m.. Section 3. That all laws and parts of laws in conflict herewith be and they hereby are repealed. State of Georgia, County of Camden. Affidavit of Author. In person before the undersigned appeared J. Nolan Wells who, on oath, says that he is a Representative from Camden County and that the following Notice of Intention to seek Local Legislation was duly published in the official gazette of Camden County in its issues of December 22nd, December 29th, 1961 and January 5th, 1962, as follows:
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Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia which convenes on January 9, 1962 a local bill to amend the Charter of the City of St. Marys by changing the hours for keeping the polling places opened in city elections so that the polls will be kept opened from 7:00 a.m. to 7:00 p.m. and for other purposes. This 18th day of December, 1961. J. Nolan Wells Camden County Representative /s/ J. Nolan Wells Camden County Representative Sworn to and subscribed before me this 20th day of January, 1962. /s/ Mildred B. Deen Notary Public, Georgia, State at Large My Commission Expires March 23, 1963. (Seal). Approved February 14, 1962. CAMDEN COUNTYSALARIES OF COUNTY OFFICERS. No. 561 (House Bill No. 859). An Act to amend an Act placing certain county officials of Camden County on a salary basis in lieu of a fee basis and to specify such salaries, approved March 5, 1957 (Ga. L. 1957, pp. 2307-2310), to change the salary of certain county officials of Camden County, by increasing the salary of the sheriff, ordinary and clerk of superior
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court $1,800 each, annually; to provide an effective date, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia, and it hereby is enacted by authority of the same: Section 1. An Act to amend an Act placing certain county officials of Camden County on a salary basis in lieu of a fee basis and to specify such salaries, approved March 5, 1957 (Ga. L. 1957, pp. 2307-2310) is hereby amended by striking from the first sentence of section 2 of said Act the figure $7,200.00 and substituting in lieu thereof the figure $9,000.00 so that section 2, as amended, will read as follows: Section 2. The salary of the sheriff of Camden County shall be $9,000.00 per annum. The governing authority in all such counties may defray the expenses of the sheriff's office including the payment of mileage allowance and providing deputies. The salary herein provided shall be for all services of such sheriffs and shall include services for any ex officio office of the sheriff. Sheriff's salary. Section 2. Said Act is further amended by striking from section 3 of said Act the figure $6,000.00 and substituting in lieu thereof the figure $7,800.00 so that said section 3, as amended, will read as follows: Section 3. The ordinary of Camden County shall be compensated in the amount of $7,800.00 per annum. Ordinary. Section 3. Said Act is further amended by striking from the first sentence of section 4 of said Act the figure $6,000.00 and substituting in lieu thereof the figure $7,800.00 so that said section 4, as amended, shall read as follows: Section 4. The clerk of the superior court in all such counties shall be compensated in the amount of $7,800.00 per annum. The salary herein provided shall be for all services of such clerk and shall include services for any ex officio office of the clerk. Clerk of superior court.
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Section 4. This Act shall become effective on the first day of the first month following the month in which this Act is approved by the Governor, or it otherwise becomes law. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Camden. Affidavit of Author. In person before the undersigned appeared J. Nolan Wells who, on oath, says that he is a Representative from Camden County and that the following Notice of Intention to Seek Local Legislation was duly published in the official gazette of Camden County in its issues of December 22nd, December 29th, 1961 and January 5th, 1962, as follows: Notice of Intention to Seek Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia at its January, 1962 session for the passage of local legislation, the title of such bill is to be as follows: An Act to amend an Act placing certain county officials of Camden County on a salary basis in lieu of a fee basis and to specify such salaries, approved March 5, 1957 (Ga. L. 1957, pp. 2307-2310), to change the salary of certain county officials of Camden County, by increasing the salary of the sheriff, ordinary and clerk of Superior Court $1,800 each, annually; to provide an effective date, to repeal conflicting laws, and for other purposes. This 18th day of December, 1961. J. Nolan Wells Camden County Representative /s/ J. Nolan Wells Camden County Representative
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Sworn to and subscribed before me this 20th day of January, 1962. /s/ Mildred B. Deen Notary Public, Georgia, State at Large My Commission Expires March 23, 1963. (Seal). Approved February 14, 1962. CITY OF KINGSLANDHOURS OF HOLDING ELECTIONS. No. 562 (House Bill No. 857). An Act to amend an Act incorporating the City of Kingsland, in Camden County, Georgia, approved August 15, 1927, (Ga. L. 1927, pp. 1241-1278) and all amendatory Acts thereto, so as to change the hours for keeping the polls open so that the polls will be kept open from 7:00 a.m. to 7:00 p.m., and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the charter of the City of Kingsland be and the same is hereby amended by repealing section 3 of the Act incorporating the City of Kingsland, approved August 15, 1927 (Ga. L. 1927, pp. 1241-1278), together with all Acts amending said section 3 and substituting therefor a new section 3 which, as amended, shall read as follows: Section 3. Be it further enacted, that an election shall be held at the city court-room or council chamber in the City of Kingsland on the 2nd Tuesday in December, 1963, and bi-annually thereafter, for a mayor and four councilmen, to serve for a term of two years each and until their successors are elected and qualified. The polls of said election shall be kept open from 7:00 a.m. to 7:00 p.m.
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Section 2. That all laws and parts of laws in conflict herewith be and they hereby are repealed. State of Georgia, County of Camden. Affidavit of Author. In person before the undersigned appeared J. Nolan Wells who, on oath, says that he is a Representative from Camden County and that the following Notice of Intention to Seek Local Legislation was duly published in the official gazette of Camden County in its issues of January 4th, January 11th and January 18th, 1962, as follows: Notice of Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia, which convenes on January 9, 1962, a local bill, the title of which is as follows: An Act to amend an Act incorporating the City of Kingsland, in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, pp. 1241-1278) and all amendatory Acts thereto, including all Acts amending said section 3, by repealing section 3 of said Act, and all Acts amendatory thereto and substituting therefor a new section 3 which, as amended, shall be as follows: Section 1. Be it further enacted, that an election shall be held at the City Court-room or Council Chamber in the City of Kingsland on the 2nd Tuesday in December, 1963, and semi-annually thereafter, for a mayor and four councilmen, to serve for a term of two years each and until their successors are elected and qualified. The polls of said election shall be kept opened from 7:00 a.m. to 7:00 p.m. This 2nd day of January, 1962. J. Nolan Wells Camden County Representative /s/ J. Nolan Wells Camden County Representative
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Sworn to and subscribed before me this 20th day of January, 1962. /s/ Mildred B. Deen Notary Public, Georgia, State at Large My Commission Expires March 23, 1963. (Seal). Approved February 14, 1962. CITY OF MARIETTACHARTER AMENDED. No. 563 (House Bill No. 1167). An Act to amend an Act providing a new charter for the City of Marietta, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, so as to change the corporate limits of said city; to change certain provisions relating to the pension fund for firemen and policemen; to change the election date; to provide for run-off elections for members of council; to provide for two year terms for the mayor and members of council; to provide for compensation and expenses for the mayor; to provide that neither the mayor nor any member of council may be city manager during the term for which elected; to provide that the mayor and each member of council must be freeholders; to provide for the sale of general obligation bonds of the city on a public bid basis; to provide an effective date; to provide for severability; 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 providing a new charter for the City of Marietta, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, is hereby amended by adding a new section to be known as section 2B which shall read as follows: Section 2B. In addition to the area embraced within the corporate limits described in section 2 and section 2A the corporate limits of the City of Marietta shall include all
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that area embraced and lying within the following described tracts: Tract A. All that tract or parcel or land lying and being in land lots 214, 215, 218 and 219 of the 17th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point where the south boundary of land lot number 218 intersects the northern right of way line of Garrison Road, running thence northwesterly along the northern right of way line of Garrison Road to a point 175 feet east of the intersection of the east right of way line of Powder Springs Street and the north right of way line of Garrison Road; running thence southerly and crossing Garrison Road to a point on the south right of way line of Garrison Road 175 feet east of the intersection of the east right of way of Powder Springs Road and the south right of way line of Garrison Road; running thence south 36 degrees 10 minutes west, a distance of 233 feet to a point and corner; running thence south 1 degree 8 minutes east for a distance of 65 feet to a point and corner; running thence south 32 degrees 31 minutes west for a distance of 70 feet to a point and corner; running thence south 75 degrees 4 minutes east for a distance of 47 feet to a point and corner; running thence south 2 degrees 28 minutes west for a distance of 164 feet to a point and corner; running thence southwesterly for a distance of 217 feet to a point and corner; running thence southeasterly a distance of 300 feet to a point and corner; running thence north 1 degree 30 minutes west for a distance of 282 feet to a point and corner; running thence easterly for a distance of 139 feet to a point and corner; running thence northeasterly for a distance of 365 feet to a point on the south right of way of Garrison Road; running thence northwesterly along the south right of way line of Garrison Road for a distance of 370 feet to a point and corner; running thence northerly and crossing Garrison Road to a point on the North right of way line of Garrison Road where the north right of way of Garrison Road intersects the southern boundary of land lot number 218, and point of beginning. Corporate limits.
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Tract B. All that tract or parcel of land lying and being in land lot 286, 17th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point located on the north right of way line of Hill Street, a distance of 506.2 feet east of the intersection of the north right of way line of Hill Street with the east right of way line of North Avenue; and running thence northerly 242.3 feet to a point on the northern boundary of land lot 286, which is also the present city limit line of Marietta, Georgia; running thence easterly along the northern boundary of land lot 286, which is also the present city limit line of Marietta, Georgia, for a distance of 100 feet to a point; running thence south 1 degree east a distance of 246.2 feet to the north right of way line of Hill Street; running thence westerly along the north right of way line of Hill Street for a distance of 100 feet to point of beginning. Tract C. All that tract or parcel of land lying and being in land lots 1240 and 1239, of the 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning on the southern right of way line of Power's Ferry Road, which is also the present city limit line of Marietta, Georgia, at a point 131 feet west of the intersection of the southern right of way line of Power's Ferry Road and the western right of way line of Wylie Drive; running thence south 60 degrees 40 minutes west, for a distance of 135 feet to a point and corner; running thence south 59 degrees 22 minutes 30 seconds east for a distance of 135 feet to the western right of way line of Wylie Drive; running thence south 56 degrees 8 minutes 30 seconds west along the western right of way of Wylie Drive for a distance of 100 feet to a point and corner; running thence north 57 degrees 54 minutes west for a distance of 142 feet to a point and corner; running thence north 70 degrees 8 minutes 30 seconds west for a distance of 119.5 feet to a point and corner; running thence south 89 degrees 7 minutes west for a distance of 200 feet to a point and corner; running thence north 9
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degrees 53 minutes 30 seconds east for a distance of 279.7 feet to a point on the south right of way of Power's Ferry Road which is also the present city limit line of Marietta, Georgia; running thence southeasterly along the south right of way of Power's Ferry Road and the present city limit of Marietta, Georgia, for a distance of 509 feet to the point of beginning. Tract D. All that tract or parcel of land lying and being in land lots 1017, 1071, 1072 and 1073, of the 16th district and 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning on the northern boundary of land lot no. 1073 at a point 82.5 feet west of the northeast corner of land lot no. 1073; said beginning point is also where the present city limit line of Marietta, Georgia, intersects the northern boundary of said land lot no. 1073; running thence easterly along the northern boundary of land lot no. 1073 for a distance of 82.5 feet to the southwest corner of land lot no. 1017; running thence northerly along the western boundary of land lot no. 1017 for a distance of 280 feet to a point; running thence northeasterly for a distance of 482 feet to a point and corner; running thence southeasterly for a distance of 300 feet to a point and corner; running thence southwesterly for a distance of 15 feet to a point and corner; running thence southeasterly for a distance of 485 feet to a point and corner; running thence north easterly for a distance of 15 feet to a point and corner; running thence southeasterly along a line 300 feet south of and parallel to the south right of way line of the U. S. 41 highway for a distance of 300 feet to a point and corner; running thence northeasterly for a distance of 300 feet to a point on the south right of way line of U. S. 41 highway; running thence Southeasterly along the south right of way line of U. S. 41 highway for a distance of 50 feet to a point and corner; running thence southwesterly for a distance of 315 feet to a point and corner; running thence southeasterly along a line 315 feet south of and parallel to the south right of way line of the U. S. 41 highway for a distance of 475 feet to a point and corner; running thence southwesterly for a
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distance of 335 feet to a point and corner in the center line of a branch; running thence northwesterly and following the meandering of said branch for a distance of 425 feet to a point and corner; running thence southwesterly for a distance of 255 feet to a point and corner; running thence southerly for a distance of 177 feet to a point and corner on the southwesterly side of the right of way easement of the Georgia Power Company and the present city limit line of Marietta, Georgia; running thence northwesterly along the southwesterly line of the said right of way easement of the Georgia Power Company and the present city limit line of Marietta, Georgia for a distance of 1335.3 feet to the northern boundary of land lot 1073 and the point of beginning. The above described property is shown more clearly on a plat made by J. P. Phillips, Surveyor, dated May 7, 1959, and is recorded in plat book 19, page 124, Cobb County Records and contains 21.2 acres. Tract E. All that tract or parcel of land lying and being in land lot number 1222, of the 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning on the south right of way line of Faith Street, at a point 470 feet east of the intersection of the east right of way line of Lindley Avenue and the south right of way line of Faith Street; said beginning point is also where the present city limit line of Marietta, Georgia, intersects the south right of way line of Faith Street and is the northeast corner of lot no. 9, Glad Acres subdivision; running thence southerly along the present city limit line of Marietta, Georgia, and the eastern boundary of lot number 9, Glad Acres subdivision, for a distance of 155 feet to the southwest corner of lot number 8, Glad Acres, subdivision; running thence easterly along the present city limit line of Marietta, Georgia, and the southern boundaries of lot number 8 and 7, of Glad Acres subdivision, for a distance of 175 feet to the southeast corner of lot number 7, Glad Acres subdivision; running thence south 3 degrees 12 minutes east along the
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present city limit line of Marietta, Georgia, for a distance of 318.5 feet to a point and corner; running thence north 89 degrees 8 minutes west for a distance of 243.7 feet to a point and corner; running thence north 4 degrees 37 minutes west for a distance of 305.9 feet to the southwest corner of lot number 9, Glad Acres subdivision, thence continued north 4 degrees 37 minutes west along the western boundary of lot number 9, Glad Acres subdivision for a distance of 155 feet to the south right of way of Faith Street; running thence easterly along the south right of way line of Faith Street for a distance of 75 feet to the northeast corner of lot number 9, Glad Acres subdivision and the point of beginning. Tract F. All that tract or parcel of land lying and being in land lot 576, 17th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the northeast corner of land lot 576 which lies on the district line separating the 16th and 17th districts, said district line is also the present city limit line of Marietta, Georgia; running thence southerly along the eastern boundary of land lot no. 576 for a distance of 900 feet to the northeast corner of lot no. 56 of the G. R. Bentley subdivision, running thence westerly along the north lot line of said lot no. 56 for a distance of 240 feet to the northwest corner of said lot no. 56 which lies on the eastern right of way line of Lovena Road; running thence southwesterly and crossing Lovena Road to the northeast corner of lot no. 55 of the G. R. Bentley subdivision; running thence northwesterly along the north lot line of lot nos. 55, 54, and 53 of the G. R. Bentley subdivision for a distance of 180 feet to a point on the present city limit line of Marietta, Georgia; running thence northerly along said city limit line for a distance of 681 feet to a point and corner; running thence northwesterly and northerly along said Marietta city limit line for a distance of 379.6 feet to the district line separating the 16th and 17th district; said district line is also the present city limit line of Marietta, Georgia; running thence easterly along said district line and present city limit line of
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Marietta, Georgia, to the northeast corner of land lot 576 and point of beginning. Section 2. Said Act is further amended by striking section 1H in its entirety and inserting in lieu thereof a new section 1H to read as follows: Section 1H. Any participating employee leaving the services of the City of Marietta for any reason other than retirement under the provisions of this Act, shall be regunded the actual amount of money that he has paid into the fund; provided, however, that any participating employee who leaves the service of the City of Marietta and withdraws the amount of his contribution to this fund as provided in this section, and subsequently again becomes eligible to participate in the fund, shall not receive credit for the time of service represented by such withdrawal until and unless he shall have repaid said sum into said fund. Employee's retirement. Section 3. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. The present mayor and councilmen of the City of Marietta shall continue in office during the terms for which they were elected, and on the second Wednesday in October, 1963, and biennially on said day thereafter an election shall be held in said city for a mayor and seven councilmen. Said election shall be held by a justice of the peace, or ex-officio justice of the peace, and two freeholders of said city, or by three freeholders of said city; but no person who is a candidate for office at said election shall act as a manager, or clerk, thereof. The polls at the city hall shall be opened at 7:00 a.m. and shall be kept open until 7:00 p.m., and the person receiving the highest number of votes for the office voted for shall be declared duly elected, subject to the run-off provisions hereinafter set forth for councilmen who do not receive a majority of the votes in their respective wards, and the managers of the election shall give a certificate to that effect, which shall be recorded by the clerk of city council on the book of minutes, or other book kept for
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such purpose. The mayor and city council, in their discretion, may authorize a poll for each city ward for any election. The record aforesaid shall be evidence of the result of the said election, and the authority of those elected to act. No person shall be allowed to vote in said elections except he be eligible under the provisions of the Constitution of the State of Georgia to vote for the members of the General Assembly, and unless he shall have bona fide and continuously resided in said city as a citizen thereof for six months next preceding said election at which he offers to vote, and shall have registered for said election as provided for in the charter of Marietta. Any person voting at such election in violation of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. The mayor shall be elected by the voters of the entire city and this shall apply to all primary, general and special elections. The mayor and all members of council shall serve for terms of two years. Neither the person serving as mayor nor any person serving as a member of council shall be eligible to serve as city manager during the term for which any such person is elected mayor or member of council. In order to be eligible to serve as mayor or as a member of council a person must be a free-holder of the city. Mayor and Council. Section 4. Said Act is further amended by adding a new section to be known as section 3A to read as follows: Section 3A. Any other provisions of this Act or any other Act to the contrary notwithstanding, the mayor shall receive as compensation the sum of $7400.00 per annum, plus his actual expenses incurred in the performance of his official duties as mayor. He shall not be reimbursed for any such expenses unless and until he has submitted itemized vouchers therefor to the council and such vouchers have been approved by council. He shall also receive the sum of $600.00 per annum for service as a member of the board of lights and waterworks. The sums provided herein shall be his full and complete compensation for all services rendered the city and its board of lights and waterworks in whatever capacity, and he shall receive no other compensation,
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salary, per diem, expenses, allowances, or any other emoluments or perquisites whatsoever. The sums provided above shall be paid in equal monthly installments from the funds of Marieetta and its board of lights and waterworks. Compensation of Mayor. Section 5. Said Act is further amended by adding a new section to be known as section 3B to read as follows: Section 3B. In order to be elected as a councilman from a ward a candidate must receive a majority of the votes either in a special election or in the regular election in such ward. In the event no candidate receives the majority of the votes, a run-off election shall be held between the two candidates receiving the highest number of votes. Such run-off election shall be held two weeks from the date of the regular election or a special election as the case may be. In the event any political party holds a primary, the nominee of such party must receive the majority of the votes in the ward, and if no person receives such majority a run-off primary shall be held two weeks from the regular primary. Any primary must be held on a date which will allow sufficient time for persons to qualify in the regular city election after such primary, or in the event of a run-off primary. Councilmen. Section 6. Said Act is further amended by adding a new section to be known as section 3C to read as follows: Section 3C. All general obligation bonds of the City of Marietta shall be sold on a public bid basis after advertising therefor. The governing authority of the city shall publish the request for bids once a week for two weeks immediately preceding the date specified for the receipt of such bids in the official organ of Cobb County, and in a national financial publication. Bonds. Section 7. The provisions of this Act shall become effective April 1, 1962. Effective date. Section 8. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no
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manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Jan.-Feb., 1962, 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 the 5 day of January, 1962. /s/ E. W. Teague, /s/ Joe Mack Wilson, /s/ Harold S. Willingham, Cobb County Representatives. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold S. Willingham, E. W. Teague, Joe Mack Wilson, who, on oath, deposes and says that they are Representatives from Cobb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Marietta Daily Journal, which is the official organ of said county, on the following dates: Jan. 5, 12, 19, 1962. /s/ Harold S. Willingham, Representative, Cobb County. /s/ Joe Mack Wilson, Representative, Cobb County. /s/ E. W. Teague, Representative, Cobb County.
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Sworn to and subscribed before me this 31st day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved February 15, 1962. THOMSON-McDUFFIE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. No. 565 (House Bill No. 1032). An Act to create the Thomson-McDuffie County Industrial Development Authority; to provide for the appointment of members of said Authority; to provide the purpose, duties, control, organization and powers of said Authority; to provide for the duties and powers of the City of Thomson and County of McDuffie with respect to said Authority; to provide for issuing revenue bonds and for the validation of such certificates; to provide for the exemptions applicable to said Authority and to evidences of indebtedness issued by said Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as the Thomson-McDuffie County Industrial Development Authority Act. Title. Section 2. There is hereby created a body corporate and politic to be known as the Thomson-McDuffie County Industrial Development Authority, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and in that same, 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
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shall ever be the subject of change same may be accomplished by an Act of the General Assembly. Created. Section 3. The said Authority shall consist of seven (7) members, one of whom shall be the Mayor of the City of Thomson; one of whom shall be the Chairman of the Board of Commissioners of Roads and Revenues of McDuffie County; one of whom shall be the President of Thomson Industries, Inc., or its successor; one of whom shall be the Executive Vice President of Thomson Ten Sixties, Inc., or its successor; and three of whom shall be appointed by the other four (4) members first above mentioned. The Authority shall elect one of its members as Chairman and shall elect a Secretary who may be a member of the Authority or may be some person not a member to serve at the pleasure of the Authority. All obligations incurred by the Authority shall be signed by the Chairman in his official capacity and attested by the Secretary. Members, etc. (a) The terms of office of the members who are the Mayor of the City of Thomson, the Chairman of the Board of Commissioners of Roads and Revenues of McDuffie County, the President of Thomson Industries, Inc., or its successor, and the Executive Vice President of Thomson Ten Sixties, Inc., 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, 1963, December 31, 1964, and December 31, 1965, 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. (c) Prior to taking office the members shall subscribe to the following oath, to-wit: I do solemnly swear that
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I will fully and fairly perform the duties as a member of the Thomson-McDuffie County Industrial Development Authority, So Help Me God. Oath. (d) The members of said Authority shall be entitled to no compensation. Compensation. Section 4. As used in this Act, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: (a) The word Authority shall mean the Thomson-McDuffie County Industrial Development Authority, created by this Act and by and under Article VII, Section V, Paragraph I of the Constitution of the State of Georgia. Definitions. (b) The word project shall be deemed to mean and include the acquisition of lands, properties and improvements for developments, expansion and promotion of jobs and payrolls in industry, commerce, agriculture, and natural resources; the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such structures or equipment to private persons, firms or corporations. (c) The term cost of project shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for two years after completion of construction, cost of engineering, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation; provided, however, that in no event shall entertainment or promotional expense be considered a part of the cost of any project. Section 5. The County of McDuffie and the City of
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Thomson are expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. Section 6. 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 7. The Authority shall have powers: (a) To have a seal and alter the same at pleasure. Powers. (b) To acquire, hold, and dispose of personal property, including the stock of other corporations, for its corporate purposes. (c) To enter into contracts for periods of time not in excess of fifty (50) years. (d) To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real property or liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of same or to dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in the County of McDuffie or the City of Thomson; the governing authorities of McDuffie County and the City of Thomson are authorized in their discretion to convey title to such lands, including any improvements thereon to the Authority. (e) To appoint and select officers, agents, and employees, including engineers, architects, builders, and attorneys, and to fix their compensation. (f) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and rental and sale or projects, or
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contracts with respect to the use of projects, which it erects or acquires. (g) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand, add to, and manage projects and to pay the cost of any such project from the proceeds of revenue bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. (h) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. (i) To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia. (j) To do all things necessary or convenient to carry out the powers expressly conferred by this Act. (k) To adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed as the Authority may deem necessary or expedient in facilitating its business. (l) In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761 (as amended)), as if said obligations had been originally authorized to be issued hereunder; provided however, that any property, real or personal of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or
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otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this Act to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default of such bonds either in payment of principal or interest or under any terms or conditions under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Thomson or McDuffie County to pay any such bonds or the interest there nor to enforce payment thereof against any property of the city or county. (m) The Authority shall accumulate its funds from year to year and those not used for the purposes set forth hereinabove shall be invested in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested. Section 8. The Authority is hereby specifically authorized to purchase or otherwise acquire land and to improve and develop same so as to make said land more desirable for industrial purposes. Such land acquisition and development may be undertaken by the Authority at any time whether or not there is at such time a prospective industry considering the purchase or lease of an industrial site in McDuffie County. Such land and improvements may be held by the Authority for any length of time it deems desirable, but any sale, lease or other disposition of same when made, shall be subject to the provisions of section 10 hereof. Powers. Section 9. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms, or corporations shall at any time be used for entertainment, or other promotional expenses. Use of gifts. Section 10. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly, to any person, firm or corporation. Projects.
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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 McDuffie County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. McDuffie County. Section 12. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue bonds issued by the Authority shall be exempt from State and local taxation. Taxes. Section 13. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of McDuffie or the City of Thomson. Debts. Section 14. The books and records of the Authority shall be audited at least annually at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to the County of McDuffie and the City of Thomson and shall publish same one time in all newspapers printed in McDuffie County. Audits. Section 15. This Act being for the purpose of developing and promoting the public good and welfare of the County of McDuffie and the City of Thomson and their inhabitants, shall be liberally construed to effect the purposes hereof. Intent. Section 16. 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 17. The provisions of this Act shall become effective immediately after ratification of an amendment to the Constitution of the State of Georgia authorizing the creation of the Thomson and McDuffie County Industrial Development Authority. Effective date.
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Section 18. All laws or parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Local Legislation. The undersigned will introduce at the session of the General Assembly of Georgia which convenes in January, 1962, a local bill to create the Thomson-McDuffie County Industrial Development Authority for the purpose of expanding and developing industry in McDuffie 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 McDuffie County; to provide for the purposes, duties, control, powers, organization, authority, funds and procedures of said authority. The act will be effective upon the ratification of a constitutional amendment authorizing the creation of such an authority. /s/ Leonard N. Lokey, Representative, McDuffie County, In General Assembly of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Leonard N. Lokey, who, on oath, deposes and says that he is Representative from McDuffie County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The McDuffie Progress, which is the official organ of said county, on the following dates: Dec. 28, 1961 and Jan. 11 and 18, 1962. /s/ Leonard N. Lokey, Representative, McDuffie County.
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Sworn to and subscribed before me this 25th day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large, My commission expires March 17, 1964. (Seal). Approved February 15, 1962. POLK COUNTYCOUNTY COMMISSIONERS, TERMS, ETC. No. 567 (House Bill No. 1012). An Act to amend an Act creating a board of commissioners of roads and revenues in and for the County of Polk, approved August 19, 1919 (Ga. L. 1919, p. 719), as amended by acts approved August 14, 1920 (Ga. L. 1920, p. 602), February 23, 1945 (Ga. L. 1945, p. 717), March 6, 1945 (Ga. L. 1945, p. 898), March 5, 1957 (Ga. L. 1957, p. 2584), March 7, 1957 (Ga. L. 1957, p. 2763), March 25, 1958 (Ga. L. 1958, p. 3364), and an Act approved March 25, 1958 (Ga. L. 1958, p. 3387), so as to increase the number of commissioners from three to six; to create commissioner districts; to provide that said commissioners shall be elected by the voters of the entire county; to provide for a change in the compensation of the members; to provide that the chairman of such board shall be elected annually; to provide for the employment of a superintendent of public works; to provide various effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues in and for the County of Polk, approved August 19, 1919 (Ga. L. 1919, p. 719), as amended by Acts approved August 14, 1920 (Ga. L. 1920, p. 602),
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February 23, 1945 (Ga. L. 1945, p. 717), March 6, 1945 (Ga. L. 1945, p. 898), March 5, 1957 (Ga. L. 1957, p. 2584), March 7, 1957 (Ga. L. 1957, p. 2763), March 25, 1958 (Ga. L. 1958, p. 3364), and an Act approved March 25, 1958 (Ga. L. 1958, p. 3387), is hereby amended by striking from section 1 the word three wherever it shall appear and substituting in lieu thereof the word six, so that when so amended said section 1 shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that a board of commissioners of roads and revenues for the County of Polk is hereby created, to consist of six members who shall be free holders and qualified voters of said county. Six commissioners. Section 2. Said Act is further amended by striking section 3 thereof in its entirety and substituting in lieu thereof a new section 3 which shall read as follows: Section 3. There shall be two commissioners for each of three commissioner districts hereinafter created and they shall be elected as hereinafter provided. Districts. Section 3. Said Act is further amended by striking therefrom section 4 and substituting in lieu thereof a new section 4 which shall read as follows: Section 4. Those three commissioners presently serving and who were elected in 1960 for a four-year term shall continue to serve until the expiration of their respective terms on December 31, 1964. At the general election held in 1964 there shall be six commissioners elected, two from each of the following commissioner districts: Commissioner District No. 1 which shall consist of Militia District 1075 known as Cedartown Militia District; Militia District 1570 known as Lake Creek Militia District; and Militia District 1076 known as Hampton Militia District. Commissioner District No. 2 which shall consist of Militia District 1074 known as Fish Militia District; Militia
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District 1079 known as Esom Hill Militia District; Militia District 1223 known as Youngs Militia District; Militia District 1518 known as Antioch Militia District; and Militia District 1469 known as Blooming Grove Militia District. Commissioner District No. 3 which shall consist of Militia District 1072 known as Rockmart Militia District; Militia District 1447 known as Browning Militia District; Militia District 1588 known as Aragon Militia District; and Militia District 1073 known as Buncombe Militia District. In each commissioner district the candidate receiving the highest number of county votes cast shall serve as commissioner from that District for a term of four years, his term beginning on January 1, 1965 and expiring December 31, 1968. The candidate receiving the second highest number of county wide votes cast shall serve for a term of two years, his term beginning on January 1, 1965 and expiring December 31, 1966. Thereafter, the term of office of all the commissioners shall be for four years. It is the intent of the foregoing that there shall be one commissioner from each of the three districts elected every two years, thereby providing staggered terms. Terms. The Commissioners shall be elected by those persons qualified to vote for members of the General Assembly. No member shall be elected from any commissioner district unless he has been a freeholder of the same for at least one year, preceding the election. Each member shall be elected by the voters of the entire county and not by the voters of his district alone. Commissioners so elected shall qualify and assume the duties of such office the first day of January following their election and shall hold office until their successors are elected and qualified. Qualifications. Section 4. Said Act is further amended by striking therefrom section 7 in its entirety and substituting in lieu thereof a new section 7 which shall read as follows: Section 7. Beginning with the first meeting of the board after January 1, 1965, and annually thereafter, the
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board shall elect a chairman who shall serve for one year or until his successor is elected. It shall be the duty of the chairman to preside at all meetings of the board and approve and sign the minutes of each meeting, and to sign, as chairman, all warrants on the county treasury and all orders and processes of said commissioners. The board shall elect a vice-chairman to act in the absence or in the event of a disqualification of the chairman. The vice-chairman shall exercise all the powers of the chairman when presiding. The chairman shall not vote except in case of tie in which case he must vote. He shall perform any and all duties imposed upon a member of the board of commissioners and in addition he shall perform all duties usually incident to and connected with the office of chairman of such board. Chairman, etc. The regular meeting of the board of commissioners shall be the second Wednesday in each month and shall be held at the county courthouse. In order to legally transact business the chairman and three members or the vice-chairman and three members must be present at a regular, special, postponed, or adjourned meeting. Meetings, etc. Section 5. From and after December 31, 1964, section 8 of said Act which reads: Section 8. Be it further enacted, that the chairman of said board shall receive an annual salary of two hundred dollars and each of the other commissioners a salary of one hundred dollars per annum, to cover all services in connection with the regular and special meetings of said board. In addition thereto, each commissioner shall receive compensation at the rate of five dollars per day for actual services rendered in the inspection, supervision and direction of work on the roads and bridges and in discharging the duties in regard thereto imposed by law and absolutely necessary to obtain the very best results for the county. At the regular meeting in each month each commissioner shall furnish the clerk of said board an itemized statement showing the date and the amount of services rendered by him for the previous month, which statement shall be certified by the oath of such commissioner, and upon approval
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by the board he shall be paid therefor from the county treasury in the same manner as other expenses of the county are paid. shall be repealed in its entirety and in lieu thereof there shall be a new section 8 which shall read as follows: Section 8. The six members of the board of commissioners elected in 1964 and who take office on January 1, 1965, shall not receive compensation as was heretofore provided. Those commissioners elected in 1964 and all commissioners elected thereafter shall receive only actual expenses incurred while in the performance of their duties outside of the county. Compensation. Section 6. Said Act is further amended by striking section 10 in its entirety and substituting in lieu thereof a new section 10 which shall read as follows: Section 10. The board of commissioners shall employ a superintendent of public works. The board is to establish his salary, qualification, necessity of bond and its amount, and the duties and responsibilities of said superintendent. Superintendent of Public Works. Section 7. From and after December 31, 1964, section 8 (b) of said Act, which reads: Section 8 (b). The chairman of said board of commissioners of roads and revenues, in addition to the compensation now provided by law, shall receive the sum of one dollar and fifty cents per day travel expenses for actual travel performed in the discharge of duties imposed by law on said chairman. At the regular meeting in each month the chairman shall furnish the clerk of said board an itemized statement showing the dates on which such travel was performed during the preceding month, which statement shall be certified by the oath of such chairman, and upon approval of the board he shall be paid therefor from the county treasury in the same manner as other expenses of the county are paid. Expenses of Chairman. shall be repealed in its entirety.
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Section 8. The provisions of this Act shall become effective immediately, except as otherwise provided herein. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Polk County. Personally appeared before the undersigned officer, William Wadkins, who says under oath that he is editor and publisher of the Cedartown Standard, published by Southern Newspapers, Inc., a newspaper having a general circulation and whose principal place of business is in said county, and that John Harvey Moore has deposited with said newspaper the cost of publishing four (4) insertions of Notice of Intention to Introduce Local Legislation, once a week for four (4) weeks, December 17, 1961, December 20, 1961, December 28, 1961, and January 4, 1962. The undersigned is an officer of and authorized to sign for the corporation. This 30th day of January, 1962. /s/ William L. Wadkins. Sworn to and subscribed before me, this 30th day of January, 1962. /s/ Mrs. Herbert DeArman, Notary Public, Polk County, Georgia. My commission expires Feb. 2, 1965. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1962, session of the General Assembly of Georgia, a bill to amend the Act creating the board of commissioners of roads and revenues in and for the County of Polk so as to increase the number of commissioners from three to six; to provide that said commissioner shall be elected by the voters of the entire county; to provide for a change in the compensation of the members; to provide that the chairman of such board shall be elected annually;
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to provide for the employment of a superintendent of public works; to provide various effective dates; to repeal conflicting laws; and for other purposes. /s/ John Harvey Moore, Representative, Polk County. Dated this 6th day of October, 1961. 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: Dec. 17, 1961, Dec. 20, 1961, Dec. 28, 1961, and Jan. 4, 1962. /s/ John Harvey Moore, Representative, Polk County. Sworn to and subscribed before me, this 31st day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved February 16, 1962.
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BUTTS COUNTYCORONER PLACED ON SALARY BASIS. No. 568 (House Bill No. 815). An Act to provide that the coroner of Butts County shall be compensated on a salary basis rather than a fee basis; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The coroner of Butts County is hereby placed on a salary and shall be compensated in the amount of forty ($40.00) dollars per month to be paid from the funds of such county. Such compensation shall be in lieu of all fees, costs, commissions, allowances, monies and all other emoluments and perquisites of whatever kind which shall be allowed the coroners of such counties. All such fees, costs, commissions, allowances, monies and all other emoluments and perquisites of whatever kind shall become the property of Butts County and shall be paid to the fiscal officer of such 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 1962 regular session of the General Assembly of Georgia, a bill to place the coroner of Butts County, Georgia, on a salary in lieu of a fee system; to repeal conflicting laws and for other purposes. This December 11, 1961. /s/ Bailey Woodward, Representative, Butts County, Georgia. /s/ S. L. Gray, Chairman. /s/ B. Haywood Hodges, /s/ D. W. Bailey, Commissioners, Butts County, Georgia.
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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. 21 and 28, 1961, and Jan. 4, 1962. /s/ Bailey Woodward, Representative, Butts County, Georgia. Sworn to and subscribed before me, this 18th day of January, 1962. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My commission expires October 6, 1964. (Seal). Approved February 16, 1962. BULLOCH COUNTYASSISTANTS IN OFFICE OF SUPERIOR COURT CLERK. No. 569 (House Bill No. 913). An Act to amend an Act placing the clerk of the superior Court of Bulloch County on a salary system in lieu of a fee system, approved March 17, 1960 (Ga. L. 1960, p. 2763), so as to change the compensation of the deputy clerk and the docket clerk; to provide for one additional assistant; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the Superior Court of Bulloch County on a salary system in lieu of a fee system,
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approved March 17, 1960 (Ga. L. 1960, p. 2763), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. The clerk of the Superior Court of Bulloch County shall have the authority and discretion in appointing the following deputies, clerks, and employees: One (1) deputy clerk whose salary shall not exceed three thousand six hundred ($3,600.00) dollars per annum; one (1) docket clerk whose salary shall not exceed three thousand ($3,000.00) dollars per annum; and one (1) stenographer whose salary shall not exceed two thousand four hundred ($2,400.00) dollars per annum. The salaries of the above employees shall be payable in equal monthly installments out of county funds. If it becomes necessary to do so, the clerk may employ one additional assistant and fix the compensation therefor, which is not to exceed one thousand five hundred ($1,500.00) dollars per annum. The compensation provided for any such additional assistant shall be paid in equal monthly installments out of county funds. 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 1962 session of the General Assembly of Georgia, a bill to amend an Act placing the clerk of the Superior Court of Bulloch County on a salary basis; to provide for additional help as needed; and for other purposes, approved March 17, 1960 (Ga. L. 1960, p. 2763), so as to change the provision providing for additional help as needed and for other purposes. /s/ Wiley Fordham Jones Lane Bulloch County Representatives, Georgia General Assembly Georgia, Fulton County. Personally appeared before me, the undersigned authority,
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duly authorized to administer oaths, Wiley B. Fordham and W. 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 Times, which is the official organ of said county, on the following dates: December 28, 1961, January 4 and January 11, 1962. /s/ Wiley B. Fordham Representative, Bulloch County /s/ W. Jones Lane Representative, Bulloch County Sworn to and subscribed before me this 24th day of January, 1962. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved February 16, 1962. BUTTS COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS AND CLERK. No. 570 (House Bill No. 813). 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 for 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, so as to change the salary or compensation of the clerk and the members of the Board of Commissioners of Roads and Revenues for Butts County, Georgia; 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 for 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), 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. The Commissioners shall elect a clerk for said board, whose duty it shall be to keep in a well bound book a complete record of the minutes, acts and doings of said board, and said books or records shall be open to the inspection of any citizen or citizens of said county at all times. The clerk shall perform such other duties as said board may require of him and shall hold office at the pleasure of the board. He shall receive a salary to be fixed by the board, not to exceed two thousand four hundred ($2,400.00) dollars per annum, payable in monthly installments as compensation for his services. The board may elect as clerk, the ordinary of said county or the treasurer of said county. Clerk. 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. Each commissioner shall receive as compensation for his services a sum not to exceed one thousand two hundred ($1,200.00) dollars per annum, and the chairman of said board may, by a resolution of the other commissioners, be allowed the additional sum of twenty-five ($25.00) dollars per month for traveling expenses incurred in attending to the business of the county or of the board. Commissioners 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 session of the General Assembly of Georgia in 1962
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a bill to amend the Act of 1941 creating the board of commissioners of roads and revenues of Butts County, so as to fix the salaries of the commissioners and clerk thereof, and for other purposes. This December 11, 1961. /s/ Bailey Woodward Representative Butts County, Georgia /s/ S. L. Gray Chairman /s/ B. Haywood Hodges /s/ D. W. Bailey Commissioners Butts County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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. 21 28, 1961 and Jan. 4, 1962. /s/ Bailey Woodward Representative, Butts County Sworn to and subscribed before me this 18th day of January, 1962. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved February 16, 1962.
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BUTTS COUNTYTREASURER'S SALARY. No. 571 (House Bill No. 814). An Act to amend an Act entitled An Act to fix the salary of the treasurer of Butts County, in lieu of commissions as are now paid; to provide for the payment thereof, and for other purposes. approved August 19, 1916 (Ga. L. 1916, p. 370), as amended by an Act enacted August 17, 1927 (Ga. L. 1927, p. 518), so as to change the salary of the treasurer of Butts County, Georgia; 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 salary of the treasurer of Butts County, in lieu of commissions as are now paid; to provide for the payment thereof, and for other purposes. approved August 19, 1916 (Ga. L. 1916, p. 370), as amended by an Act enacted August 17, 1927 (Ga. L. 1927, p. 518), is hereby amended by striking section 1 of said Act in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. 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 first day of the month following the approval of this Act by the Governor or its otherwise becoming law, the salary of the treasurer of Butts County, Georgia shall be one thousand eight hundred ($1,800.00) dollars per annum, to be paid in equal monthly installments, from county funds, which shall be full compensation for said treasurer and in lieu of any commissions or any other compensation for his services as such treasurer. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the January 1962 regular session of the General Assembly of Georgia,
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a bill to amend the Act of 1916 so as to change the salary of the treasurer of Butts County, Georgia, to repeal conflicting Acts, and for other purposes. This December 11, 1961. /s/ Bailey Woodward Representative Butts County, Georgia /s/ S. L. Gray Chairman /s/ B. Haywood Hodges /s/ D. W. Bailey Commissioners Butts County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, 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. 21 28, 1961 and Jan. 4, 1962. /s/ Bailey Woodward Representative, Butts County Sworn to and subscribed before me this 18th day of January, 1962. /s/Janette Hirsch Notary Public, Georgia, State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved February 16, 1962.
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CITY OF FITZGERALDCORPORATE LIMITS. No. 572 (House Bill No. 729). An Act to amend an Act amending and revising the charter for the City of Fitzgerald and entitled, An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending and revising the charter for the City of Fitzgerald and entitled, An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof is amended by striking thereform section 2 in its entirety and inserting in lieu thereof a new section 2 which shall read as follows: Section 2. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, That from and after the passage of this Act the inhabitants of the territory embraced in the following territory, to-wit: Beginning at the southwest corner of five acre tract no. 1289 in land lot no. 92 in the third land district of Ben Hill County, Georgia, and running thence north along the west original line of five acre tract no. 1289 to the northwest corner of five acre tract no. 1289; thence west along the south original line of five acre tract no. 1313 to the west line of five acre tract no. 1313; thence north along the west original line of five acre tracts nos. 1313 and 1314 to the northwest corner of five acre tract no. 1314 and the south line of land lot no. 119 in the third district; thence west along the south original line of five acre tracts nos. 402, 403 and 404 to the west line of five acre tract no. 404; thence north along the west original lines of five acre tracts nos. 404, 415, 432 and 443 to the south original line of five acre tract no. 461; thence west along the south original line of five acre tracts nos. 461 and 462 to the southwest corner of five acre tract no. 462; thence west along the south original
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line of five acre tract no. 463 a distance of 66 feet; thence running north parallel with and 264 feet east of the west original line of said five acre tract 463 to the north original line of said five acre tract no. 463; thence east along the north original lines of five acre tracts nos. 463, 462, 461 and 460 to the northeast corner of five acre tract no. 460; thence north along the west original lines of five acre tracts nos. 472 and 487 to the northwest corner of five acre tract no. 487 and the south line of land lot no. 122 in the third district; thence east along the north original lines of five acre tracts nos. 487, 486, and 485 to the northeast corner of five acre tract no. 485; thence north along the west original lines of five acre tracts nos. 503 and 512 to the northwest corner of five acre tract no. 512; thence east along the north original lines of five acre tracts nos. 512 and 511 to the northeast corner of five acre tract no. 511; thence north along the west original lines of five acre tracts nos. 533 and 538 to the northwest corner of five acre tract no. 538; thence east along the north original lines of five acre tracts nos. 538 and 537 to the northeast corner of five acre tract no. 537; thence east along the south original line of five acre tract no. 563 a distance of 76 feet; thence north into five acre tract no. 563 a distance of 295 feet to an established corner; thence west a distance of 66 feet to an established corner; thence north a distance of 258 feet to an established corner; thence east a distance of 320 feet to the east original line of five acre tract no. 563 and the west original line of land lot no. 121 in the third district; thence south along the east original line of five acre tract no. 563 to the northwest corner of five acre tract no. 832; thence east along the north original line of five acre tract no. 832 to the northeast corner of five acre tract no. 832; thence south along the east original line of five acre tract no. 832 a distance of 253 feet; thence running east on a line parallel to and a distance of 77 feet from the south original line of five acre tract no. 835 to the east original line of five acre tract no. 835; thence south along the east original line of five acre tract no. 835 to the southeast corner of five acre tract no. 835; thence east along the north original lines of five acre tracts nos. 875 and 876 to the northeast corner of five acre tract no. 876; thence north along the west original lines of five acre
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tracts nos. 917, 916, 915 and 914 to the northwest corner of five acre tract no. 914; thence east along the north original line of five acre tract no. 914 to the northeast corner of five acre tract no. 914; thence south along the east original lines of five acre tracts nos. 914, 915 and 916 to the southeast corner of five acre tract no. 916; thence east along the north original line of five acre tract no. 920 to the northwest corner of five acre tract no. 959; thence south along the west original line of five acre tract no. 959 a distance of 227 feet; thence running east parallel with and 103 feet north of the south original line of five acre tract no. 959 to the east original line of five acre tract no. 959 and the west original line of land lot no. 300 in the fourth district; thence running south along the east original line of five acre tract no. 959 to the northwest corner of five acre tract no. 961; thence east along the north original lines of five acre tracts nos. 961 and 1006 to the southwest corner of five acre tract no. 1008; thence north along the west original line of five acre tract no. 1008; to the northwest corner of five acre tract no. 1008; thence east along the north original lines of five acre tracts nos. 1008 and 1042 to the northeast corner of five acre tract no. 1042; thence south along the east original line of five acre tract no. 1042 to the northwest corner of five acre tract no. 1097; thence east along the north original lines of five acre tracts nos. 1097 and 1098 to the northeast corner of five acre tract no. 1098; thence south along the east original lines of five acre tracts nos. 1098, 1109, 1111, 1122, and on into land lot no. 301 in the fourth district and along the east original lines of five acre tracts nos. 1125, 1136, 1139, 1149, 1154 and 1163 to the north right-of-way line of the Fitzgerald-Holt public road, (also known as the Cemetery Road); thence east along the north right-of-way of said road to the west original line of land lot no. 280 in the fourth district; thence north 1 degree 15 minutes west along said west original line a distance of 1626.9 feet to the south right-of-way line of the Atlantic Coast Line Railroad Company; thence running south 84 degrees 48 minutes east along said railroad company's right-of-way line a distance of 1042.2 feet; thence running south 1 degree 18 minutes west 639.4 feet; thence running north 88 degrees 42 minutes west 640 feet; thence running south 1 degree 06 minutes
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west 1267.0 feet to the fence of Evergreen Cemetery; thence south 83 degrees 33 minutes east along said fence 256 feet; thence along said fence south 2 degrees 30 minutes west 502 feet to the south original line of land lot no. 280; thence along said fence and land lot line north 89 degrees 44 minutes west 157 feet; thence along said fence into land lot no. 279 in the fourth district south 2 degrees 30 minutes west 472 feet; thence along said fence north 89 degrees 44 minutes west 127 feet; thence south 2 degrees 30 minutes west 442 feet to an iron pipe; thence south 41 degrees 10 minutes west 538 feet into land lot no. 302 in the fourth district to an iron pipe; thence north 87 degrees 30 minutes west 714 feet to an iron pipe; thence north 2 degrees 30 minutes east 542 feet to an iron pipe; thence north 87 degrees 30 minutes west 152 feet to an iron pipe; thence north 2 degrees 30 minutes east 544 feet to an iron pipe; thence south 87 degrees 30 minutes east 566 feet; thence north 0 degrees 34 minutes west into land lot no. 301 in the fourth district a distance of 893 feet; thence westward on a line parallel with and a distance of 185 feet south of the center line of the Fitzgerald-Holt public road to the east original line of five acre tract no. 1168; thence south along the east original line of five acre tract no. 1168 to the southeast corner of five acre tract no. 1168; thence running west along the south original boundary lines of five acre tracts nos. 1168, 1167 and 1166 to a point intersecting the east boundary of five acre tract no. 1172; thence running south along the east boundary of five acre tract no. 1172 to the south original lines of land lot no. 301; thence running west along the south boundary of land lot no. 301 to a point intersecting the east boundary of five acre tract no. 1176; thence running north along the east boundary of five acre tract no. 1176 to the southeast corner of five acre tract no. 1175; thence west in the third land district along the south boundary of five acre tracts nos. 1175, 1202, 1203, 1230, 1231 and 1258, to the southwest corner of five acre tract no. 1258; thence south along the east original line of five acre tract no. 1259 to the southeast corner of five acre tract no. 1259; thence running west along the south original line of five acre tract no. 1259 into land lot 92 in the third district, and continuing along the south original line of five acre tract no. 1259 to
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the southwest corner of said five acre tract no. 1259; thence along the south line of five acre tract no. 1286 a distance of 396 feet; thence running south on a line parallel with the west line of five acre tract no. 1285 a distance of 330 feet to the south line of five acre tract no. 1285; thence running west along the south line of five acre tract no. 1285 to the southwest corner of five acre tract no. 1285; thence running south along the east line of five acre tract no. 1289 to the southeast corner of said five acre tract no. 1289; thence running west along the south line of five acre tract no. 1289 to the southwest corner of said five acre tract no. 1289 and to the point of beginning; all of which said five acre tracts are a part of the survey of the American Tribune Soldier's Colony Company, platted and now of record in the office of Clerk of the Superior Court of Irwin County, Georgia, and being portions of land lots nos. 91, 92, 119, 121 and 122 in the third land district of Ben Hill County, Georgia, and portions of land lots nos. 300 and 301 in the fourth land district of Ben Hill County, Georgia, and all of land lot no. 120 in the third land district of Ben Hill County, Georgia; there is excluded from the territory embraced in the above-described territory of the City of Fitzgerald, Georgia, all of five acre tracts nos. 416, 417, 418, 419, 420, 427, 428, 429, 430, 445 and 446 in land lot 119 in the third land district of Ben Hill County, Georgia, and said five acre tracts and the land embraced within said five acre tracts are not within the city limits of the City of Fitzgerald, Georgia; the said inhabitants are hereby continued under the name and style of `City of Fitzgerald', and the said city is hereby chartered and incorporated under the name and style of `City of Fitzgerald', and by that name shall have perpetual succession, and is hereby vested with all the rights, powers, titles, property, easements and hereditaments within or without its corporate limits, now belonging to the City of Fitzgerald, incorporated by an Act approved August 22, 1907, and the amendments thereto, and shall be and is hereby vested in the said City of Fitzgerald, as continued under this Act. And the said City of Fitzgerald, may, by its corporate name, sue and be sued, contract and be contracted with, plead and be impleaded, and have and use a common seal, make and enact through its mayor and council such ordinances and
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by-laws, rules, resolutions and regulations for the transaction of its business and the welfare and proper government of said city and its people as to said mayor and council may seem best, and which shall be consistent with the provisions of this charter, the laws of this State and of the United States, and that the said City of Fitzgerald shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for a terms of years any property, estate or estates, real or personal, tenements and hereditaments of whatever kinds, and within or without the limits of said city for corporate purposes. Said City of Fitzgerald shall succeed to all rights of, and is hereby made responsible as a body corporate for all of the legal debts, liabilities and undertakings of the City of Fitzgerald, and its mayor and aldermen as a body corporate, heretofore incorporated by an Act approved August 22, 1907. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Ben Hill County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. B. C. Dorminy, Jr., who, on oath, deposes and says that he is representative from Ben Hill County, and that the foregoing copy of notice of intention to introduce local legislation was published in the Fitzgerald Herald on December 21, 1961 and December 28, 1961, and was published in the Fitzgerald Leader on January 4, 1962, which said newspapers were the official organs of said county on the dates of publication. /s/ A. B. C. Dorminy, Jr. Representative for Ben Hill County, Georgia Sworn to and subscribed before me this 5th day of January, 1962. /s/ J. W. McDonald Notary Public. My Commission Expires May 21, 1962. (Seal).
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Notice of Intention to Apply for Local Legislation. In conformity and compliance of provisions of Article III, Section VII, Paragraph XV of the Constitution of Georgia, and which is codified as section 2-1915 of the Code of Georgia Annotated of 1933, notice is hereby given that there will be introduced in the General Assembly of the State of Georgia at its regular session convening in January, 1961 a local or special bill affecting the City of Fitzgerald, the title or caption of which reads as follows: An Act to amend an Act amending and revising the Charter for the City of Fitzgerald and Entitled, An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof, and for other purposes. This 18th day of December, 1961. A. B. C. Dorminy, Jr. Representative for Ben Hill County, Georgia Approved February 16, 1962. FANNIN COUNTYCOMPENSATION OF COMMISSIONER OF ROADS AND REVENUES AND CLERK. No. 573 (Senate Bill No. 269). An Act to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act approved march 27, 1947 (Ga. L. 1947, p. 966), an Act approved February 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2232), and an Act approved March 21, 1958, (Ga. L. 1958, p. 2850), so as to change the compensation of said commissioner and to change the
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compensation of the clerk of said commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Roads and Revenues of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended, particularly by an Act approved March 27, 1947 (Ga. L. 1947, p. 966) and an Act approved February 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2232), and an Act approved March 21, 1958 (Ga. L. 1958, p. 2850) is amended by striking from section 5 thereof the figures 2400.00, and inserting in lieu thereof the figures $3000.00, so that said section, as amended hereby shall read as follows: Section 5. That the commissioner shall appoint a clerk, whose salary shall not exceed $3000.00 per annum, to be paid monthly out of the county treasury, and it shall be the duty of the said clerk to attend all business meetings pertaining to the office, and he shall keep in order the minutes of all transactions of the office, to file and keep in order of their date all original orders and papers, petitions, applications and other papers, addressed to the commissioner concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the commissioner, giving the amount and date of said such payments, and the persons to whom paid and for what purposes paid. Said clerk shall also keep a book showing a full and detailed statement of all accounts or other indebtedness, contracted by the commissioner. All the books, files and records required to be used or kept in the office of the commissioner of roads and revenues shall always be ready and open to inspection of any taxpayer of the county. Said clerk before entering on the discharge of his duties shall be required to give bond and take the same oath as required by the commissioner, which bond shall be in the sum of $1000.00, payable to the said commissioner for the faithful performance of his duties; said clerk shall hold said office at the discretion of the commissioner. Clerk's salary.
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Section 2. Said Act is further amended by striking from section 6 thereof the figures, 4800.00, and inserting in lieu thereof the figures, $6000.00, so that said section, as amended hereby, shall read as follows: Section 6. That said commissioner shall receive for his compensation, to be paid out of the county treasury, a salary of $6000.00 per annum for his services, to be paid monthly, to be paid at the end of each month's services. Commissioner's salary. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1962. See Enrolled Act for affidavit and advertisement. PICKENS COUNTYCOMPENSATION OF COMMISSIONER OF ROADS AND REVENUES. No. 574 (Senate Bill No. 185). An Act to amend an Act creating the Office of Commissioner of Roads and Revenues of Pickens County, approved August 16, 1920 (Ga. L. 1920, p. 598), as amended, particularly by an Act approved February 23, 1945 (Ga. L. 1945, p. 726), and by an Act approved December 12, 1953 (Ga. L. 1953, Nov. Sess., p. 2186), so as to change the compensation of said Commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Office of Commissioner of Roads and Revenues of Pickens County, approved August 16, 1920 (Ga. L. 1920, p. 598), as amended, particularly by an Act approved February 23, 1945 (Ga. L. 1945, p. 726), and by an Act approved December 12, 1953 (Ga. L. 1953, Nov. Sess., p. 2186), is hereby amended by striking from section 6 of said Act the words and figure thirty-six hundred
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dollars ($3600.00)', and inserting in lieu thereof the words and figures six thousand dollars ($6000.00), so that when so amended said section shall read as follows: Section 6. The Commissioner of Roads and Revenues of Pickens County shall be compensated in the amount of six thousand dollars ($6000.00) per annum, to be paid in equal monthly installments from the general funds of said county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1962. See Enrolled Act for affidavit and advertisement. CITY OF WARNER ROBINSCHARTER AMENDED. No. 578 (House Bill No. 1122). An Act to amend an Act incorporating the municipality of Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2093), and an Act approved February 23, 1956 (Ga. L. 1956, p. 2511), so as to give the City of Warner Robins authorization to abandon a sewer easement; to change and redefine the corporate limits of said municipality; to eliminate the present ward districts in said municipality, and to establish six (6) council posts and the procedure therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the municipality of Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2093), and an Act approved February 23, 1956 (Ga. L. 1956, p. 2511), is hereby amended by adding a new section to be known as Section 1A.
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Section 1A. The City of Warner Robins is hereby authorized to abandon all sewer easements in the following described property as indicated in the following: All those tracts or parcels of land situate, lying and being in land lots 216 and 227 of the fifth land district of Houston County, Georgia, which are known and designated as tracts A, B, and C on a plat of a portion of C. L. Williams Property, which is of record in map book 7, page 84, clerk's office, Houston County Superior Court, except easement on the east line of tract C, which is shown on said plat as 27 inch sanitary sewer. Sewer easements. Section 2. Said Act is further amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The corporate limits proper of the City of Warner Robins shall be as follows: Beginning at a point on the westerly boundary of the right of way of Macon-Hawkinsville Highway No. 247, where the southerly line of land lot 241 intersects therewith, in the fifth land district of Houston County, Georgia, and thence from said beginning point running in a westerly direction, along the southerly boundaries of land lots 241, 223 and 220 to the southwesterly corner of land lot 220; and thence running in a northerly direction along the westerly boundary of land lot 220 to the northwesterly corner of said land lot 220; thence running in a westerly direction along the southerly boundary of land lot 198 for a distance of 1543 feet to a point; thence extend in a westerly direction for a distance of 665 feet to a point; thence extend in a southerly direction for a distance of 200 feet to a point; thence extend in a westerly direction for a distance of 600 feet to a point; thence extend in a northerly direction for a distance of 380 feet to the east line of Pleasant Hill Road; thence extend west along the east line of Pleasant Hill Road for a distance of 500 feet to a point; thence extend north for a distance of 250 feet to a point; thence extend north along the west line of George Circle for a distance of 929 feet to a point; thence
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extend west for a distance of 434 feet to a point; thence extend south 268 feet to a point; thence extend west for a distance of 610 feet to a point; thence extend north for a distance of 1050 feet to a point; thence extend west along the south line of land lots 193 and 172 to the southwest corner of land lot 172; thence continue in a westerly direction along the south line of land lot 167 for a distance of 1024.2 feet to a point; thence extend south for a distance of 138.6 feet to a point; thence extend west for a distance of 19.2 feet to a point; thence extend south for a distance of 770 feet to a point; thence extend east for a distance of 8 feet to a point; thence extend south for a distance of 150 feet to a point; thence extend west for a distance of 118 feet to a point; thence extend south along the east line of Chestnut Road for a distance of 530 feet to a point; thence extend west for a distance of 1570 feet to a point; thence extend north for a distance of 196 feet to a point; thence extend west for a distance of 147.5 feet to a point; thence extend north for a distance of 1306.5 feet to a line where land lots 145, 146, 167 and 168 corner; thence extend east for a distance of 433.6 feet to a point; thence extend north for a distance of 1747 feet to a point; thence extend west for a distance of 812 feet to a point; thence extend north for a distance of 990 feet to a point along the west line of Biltmore Terrace; thence extend north for a distance of 200 feet to a point, said point being that point where land lots 146, 147, 166 and 167 corner; thence extend east along the south line of land lot 166 for a distance of 1553 feet to a point; thence running in a northerly direction, north 01 degree 37 minutes 30 seconds west, along the westerly boundary of Woodland Hills subdivision, for a distance of 1436.1 feet to the northwesterly corner of said subdivision; thence running in a northerly direction, north 03 degrees 42 minutes west, to the west side of the right-of-way boundary of Corder Road (formerly known as Old Factory Road); thence running in a northerly direction along the westerly boundary of said Corder Road to the northerly boundary of Warner Robins-Centerville Highway; thence running in an easterly direction along said northerly boundary of said Warner Robins-Centerville Highway to a point where the center line of land lot 174 intersects therewith; thence extend
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north along the west line of Hickory Street for a distance of 626 feet to a point; thence extend west for a distance of 790 feet to a point; thence extend south for a distance of 176 feet to a point; thence extend west for a distance of 597.3 feet to the east line of County Road; thence extend north along the east line of County Road for a distance of 1384.5 feet to a point; thence extend east 462.5 feet to a point; thence extend south for a distance of 293 feet to a point; thence extend along the north line of Lakeview Terrace to the west line of Hickory Street; thence extend north for a distance of 1275 feet a point; thence extend west for a distance of 125 feet to a point; thence extend north 80 feet to a point; thence extend east for a distance of 170 feet to a point; thence extend north for a distance of 96 feet to a point; thence extend north for a distance of 104 feet to a point; thence extend west along the south line of Green Street to the west line of County Road; thence extend north along the west line of County Road for a distance of 40 feet to a point; thence extend west along the south line of land lot 164 for a distance of 2958 feet to a point; thence continue in a westerly direction for a distance of 134.75 feet to a point; thence extend north for a distance of 1464.2 feet to a point; thence extend east for a distance of 145.4 feet to a point; thence extend north 427.8 feet to a point; thence extend east along the south line of Centerville-Elberta road for a distance of 3016 feet to a point, thence south along the easterly boundary of County Road for a distance of 785 feet to a point, thence south 89 degrees 41 minutes 30 seconds east for a distance of 385 feet to a point, thence north 0 degrees 18 minutes 30 seconds east for a distance of 300 feet to a point, thence south 89 degrees 41 minutes 30 seconds east for a distance of 1035 feet to a point, thence north 0 degrees 53 minutes 30 seconds east for a distance of 413 feet to a point; thence extend east for a distance of 1445.5 feet to the west line of Elberta Road; thence extend north 2946 feet to the south line of Centerville-Elberta road; thence extend east along the south line of Centerville-Elberta road for a distance of 1688 feet to the south line of land lot 188; thence extend east along the south line of land lot 188 for a distance of 1612.6 feet to a point; thence extend north a distance of 350 feet thence east for a distance
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of 619.8 feet to a point; thence extend east for a distance of 2879 feet to the east line of Davis Drive; thence running in a southerly direction along the east boundary of Davis Drive to the north line of Ignico Drive; thence running east along the north line of Ignico Drive for a distance of 1651 feet to a point; thence extend north 792.6 feet to a point; thence extend west a distance of 299.5 feet to a point; thence extend north for a distance of 468.9 feet to a point; thence extend east for a distance of 570.8 feet to a point; thence continue in an easterly direction for a distance of 428.3 feet to a point; thence extend south 407.5 feet to a point; thence extend west 874.5 feet to a point; thence extend south for a distance of 104.3 feet to a point; thence extend east for a distance of 299.5 feet to a point; thence extend south for a distance of 947.9 feet to a point; thence extend east along the north line of Ignico Drive for a distance of 740 feet to the west line of Georgia Highway No. 247; thence running in a southerly direction along the westerly right-of-way boundary of said highway to the point of beginning. Corporate limits. Section 3. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. The City of Warner Robins, Georgia, shall be governed by a mayor and six (6) councilmen. There shall be established six (6) posts numbered one, two, three, four, five and six. Every person who offers for nomination and/or election as a councilman of the City of Warner Robins, Georgia, shall designate and qualify with the proper authority for a specific post by designating the post of his choice to seek nomination and/or election to such post and none other. All election authorities when conducting general elections for nomination or election as councilmen of the City of Warner Robins, Georgia, shall conduct such election so that candidates will qualify and run for specific posts as though such post was each separate from the other and as separate contests. The mayor and councilmen must receive a majority of the votes cast in order to be elected to the office or post for which they are candidates. In the event
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that neither candidate receives a majority of the votes cast, then in that event, the two candidates receiving the highest number of votes shall participate in a run off election which shall be held seven (7) days after the date of the general election. The duly elected mayor and six (6) councilmen shall at the first official meeting after their election select one (1) councilman to serve as mayor pro-tem. The mayor and councilmen shall take office on the first Monday in December following their election after taking oath before a judge of the Superior Court of Houston County, Georgia, to faithfully perform the duties of their offices. City government. An election for mayor and six (6) councilmen shall be held on the Tuesday after the first Monday in November, 1960 and every two (2) years thereafter on the same day, and the hours for voting shall be as prescribed by the mayor and council, announced at least ten (10) days before the holding of such election. The mayor and councilmen hereafter elected shall serve in their respective offices for a term of two (2) years and until their successors are elected and qualified. The present elected officials of said municipality shall continue in office until their present terms expire and until their successors are elected and qualified. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Houston County. Personally appeared before me this date, Cooper Etheridge, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certifies that the Legal Notice, Notice of Intention to Apply for Passage of Local Legislation, Order to Amend the Charter of the City of Warner Robins, Ga., etc., was published in The Houston Home Journal on the following dates: Dec. 21 and Dec. 28, 1961, and Jan. 4, 1962, as required by law. This 18th day of January, 1962. /s/ Cooper Etheridge Publisher, Houston Home Journal, Perry, Georgia
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Sworn to and subscribed before me this 18th day of January, 1962. /s/ Dallie J. Jackson My Commission Expires Nov. 19, 1965. (Seal). Notice of Intention to Apply for Passage of Local Legislation. Notice is hereby given that application for the passage of local legislation at the January session, 1962, of the General Assembly of Georgia, will be made, an order to amend the Charter of the City of Warner Robins, as amended, to (a) extend the corporate limits of the said city so as to annex certain areas now outside of said corporate limits; (b) establish a merit system for certain city employees; (c) eliminate present ward districts and establish six (6) council posts, require a majority vote in order to be elected, establish election run-off procedure and to have elected councilmen elect a mayor pro-tem; (d) to abolish certain utility easements. This the 18th day of December, 1961. R. Herman Watson, Representative, Houston County Approved February 16, 1962. CITY OF CAMILLACORPORATE LIMITS, REFERENDUM. No. 580 (House Bill No. 1135). An Act to amend an Act creating a new charter for the City of Camilla, approved August 19th, 1907 (Ga. L. 1907, pp. 505, 513), as amended, so as to change the corporate limits of said City; to provide for referendum elections;
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to provide for a penalty for illegal voting; to provide for voting qualifications; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Camilla, approved August 19, 1907 (Ga. L. 1907, pp. 505, 513) as amended is hereby amended by adding a new section to be numbered section 3-B, to read as follows: Section 3-B. The present corporate limits of the City of Camilla, herein after designated as city be, and they are, hereby extended so as to include within said corporate limits, and adjacent to the southern boundary of the present corporate limits, the following described property, to-wit: All that tract or parcel of land lying and being in one body, located in land lot 5 of the 11th district, Mitchell County, Georgia, being adjacent to and bordering the existing city limits of the City of Camilla of said county, and more particularly described as follows: Corporate limits. Lots 1 through 11 in the McCarty-White subdivision according to plat and survey thereof by James McCarty, County Surveyor, on July 11, 1957, and recorded in plat book 2, page 578 in office of the Clerk Superior Court, Mitchell County, Georgia, which said plat is by reference made a part of this description; Lots 5, 6, and 15 of the McCarty-White subdivision according to plat and survey thereof by James McCarty, County Surveyor, dated January 9, 1958, and recorded in office of the Clerk of Superior Court, Mitchell County, Georgia, which said plat is by reference made a part of this description; Lots 1 through 24 of that certain subdivision according to plat and survey thereof by J. P. Andrews, County Surveyor, dated June 29, 1957, and recorded in plat book 2, page 602, in the office of the Clerk of Superior Court, Mitchell County,
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Georgia, which said plat is by reference a part of this description. Including all streets and roads that intersect or border the above described tracts or parcels of land. Section 2. If the provisions of this Act are approved in the referendum elections provided for hereinafter and the territories described in section one are annexed to said city, the residents of the additional territories annexed by the provisions of this Act shall be qualified to register to vote in any primary, general or special elections held by the City of Camilla after the effective date of this Act. Provided, however, that they meet the qualifications prescribed hereinafter. The city registrars, in making up the list of qualified voters for any such election, shall include the residents of such territory who are qualified to vote. The residents of said annexed territory who are qualified to vote shall likewise be eligible for nomination and election to any city office after the effective date of this Act. For the purpose of registering to vote and for the purpose of nomination and election to any city office, residence in the annexed territory shall be counted as equivalent to residence within the present corporate limits of said city. Provided, however, all other qualifications for voting and holding office shall be the same as required by the city charter. Section 3. The provisions of this Act shall not become effective and the additional territory proposed to be annexed shall not become a part of the City of Camilla unless approved in a referendum election as hereinafter provided. Not less than thirty nor more than forty-five days after the date of the approval of this Act by the Governor, or after it otherwise becomes a law, it shall be the duty of the Ordinary of Mitchell County to issue the call for an election for the purpose of submitting this Act to the voters residing in the territories proposed to be annexed. He shall publish a notice in the official organ of the county to the effect that registration books will be open for such election and shall state the date on which the books will close. For the purpose of said election, there shall be a special registration of voters
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residing in the territories proposed to be annexed, and such persons shall register with the county registrars. All such persons shall be allowed to register up until seven days prior to the date of the election. Registration of such persons shall begin on the day after the issuance of the call by the ordinary. Only qualified voters of the county who will have continuously resided in said territories proposed to be annexed for at least ninety days immediately preceding the day of the election, and who are otherwise qualified by law to vote in an election for members of the General Assembly, shall be allowed to register. No person shall be entitled to vote in such election unless he is registered on such special registration list. Such election shall be held at the courthouse of Mitchell County, under the supervision of the ordinary. The ordinary shall set the date of such election for a day not less than thirty nor more than forty five days from the date of the issuance of the call. He shall specify the date in the call. The Ordinary shall cause the date and purpose of the election to be published in the official organ of Mitchell County once a week for three weeks immediately preceding the date thereof. Referendum. On the day that the Ordinary issues the call for the election, as aforesaid, he shall furnish a copy thereof to the governing authority of the City of Camilla, whose duty it shall be within two days thereafter, to issue the call for an election to be held in the present city limits of the City of Camilla for the same purpose as that held by the Ordinary for the territories proposed to be annexed. The governing authority of the City of Camilla shall set the date of the election for the same day as that set by the Ordinary and such election shall be held at the city hall of the City of Camilla. There shall be no special registration of voters in the City of Camilla, but those voters who would be entitled to vote at any special election in said city shall be entitled to vote in said election. The governing authority of the city shall cause the date and purpose of the election to be published once a week for three weeks immediately preceding the date therof in the official organ of Camilla, if one, and if not, in the official
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organ of Mitchell County. It shall be the duty of the ordinary to hold and conduct the election which is to be held at the courthouse and it shall be the duty of the governing authority of the City of Camilla, or such other authority as normally holds said election, to hold and conduct the election which is to be held at the city hall. The ordinary and the governing authority of the city shall have ballots printed which shall be the same for both such elections. The ballots shall have written or printed thereon the following: For approval of the Act annexing certain territories to the City of Camilla. Against approval of the Act annexing certain territories to the City of Camilla. All persons desiring to vote in favor of the Act shall vote for approval and those persons desiring to vote for rejection of the Act shall vote against approval. The governing authority of the city or the other authority holding the election shall supervise the counting of the votes in the city election and the Ordinary shall supervise the counting of the votes in the election by the people in the territories proposed to be annexed. The votes in each such election must be counted separately and if a majority of the votes cast on such question in the city election are for approval of the Act and a majority of the votes cast on such question in the election of the people in the territory proposed to be annexed are for approval of the Act, it shall become of full force and effect and the territory proposed to be annexed shall become a part of the City of Camilla five days after the date of the election. If less than a majority of the votes cast on such question in either of the aforesaid elections are for approval of the Act, it shall be void and of no force and effect and the territories proposed to be annexed shall not become a part of the City of Camilla. It shall be the duty of the city authority supervising the counting of the votes to certify the results thereof to the Ordinary. It shall then be the duty of the Ordinary to declare and certify the results of the said elections. It shall
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be his further duty to certify the results to the Secretary of State. The entire expenses of both elections shall be paid by the City of Camilla. The Ordinary shall certify to the Clerk of the City of Camilla the cost of holding the election of the people in the territories proposed to be annexed, which shall include reasonable expenses usually incident to elections of like kind. Should any person vote in either of said elections who is not properly registered and qualified to vote in such election, he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced in the 1962 session of the General Assembly of Georgia, local legislation to amend the charter of the City of Camilla, as amended, in order to extend the corporate limits of said city, so as to annex certain areas now outside said corporate limits; to provide for a referendum of all qualified voters residing in the affected areas; and for other purposes. This notice is given in compliance with Article III Section 7 paragraph 15 (Code section 2-1915) of the Constitution of Georgia of 1945. Frank S. Twitty, Representative Mitchell County, Georgia Georgia, Mitchell County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, B. T. Burson, who, on oath, deposes and says that he is the editor of the Camilla Enterprise, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the attached copy of notice of intention to
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introduce local legislation was published in said newspaper on the following dates: January 11th, 18th and 25th. /s/ B. T. Burson Sworn to and subscribed before me this the 3rd day of February, 1962. /s/ Irene H. Wallace Notary Public, Mitchell County, Georgia. My Commission Expires Dec. 9, 1965. (Seal). Approved February 16, 1962. COLUMBUS-MUSCOGEE COUNTY BOARD OF COMMISSIONERS ACTREFERENDUMS. No. 582 (House Bill No. 1127). An Act to create a Board of Commissioners for Muscogee County, Georgia, to be known as Columbus-Muscogee Board of Commissioners, and to define its composition, powers, duties and responsibilities, including, but not in limitation thereof, the vesting of the full and exclusive authority and powers now or hereafter vested by law in the corporate authorities of the City of Columbus, Georgia; to provide for the qualification, terms of office, compensation, authority, powers and duties of its members; to provide for a short title for this Act; to provide its effective date; to provide for the adoption or rejection of the provisions hereof, including, but not limited to, the abolition of the present five offices of the Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, and the shortening of the terms thereof accordingly, by a referendum to the qualified voters of Muscogee County, Georgia; to provide for the adoption or rejection of the provisions hereof, including, but not limited to, the abolition of the present five offices of the city commission of the City of Columbus, Georgia, and
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the shortening of the terms thereof accordingly, by a referendum to the qualified voters of the City of Columbus, Georgia; to create the office of Mayor-Chairman of said Board and to define his qualifications, method of election, term of office, compensation, and to prescribe his powers, duties and responsibilities; to provide for the filling of vacancies on said Board and in the office of the Mayor-Chairman; to provide that the compensation of members and the Mayor-Chairman of the said Board shall be borne equally by Muscogee County, Georgia, and City of Columbus, Georgia; to provide that said Board, in the interest of efficiency and economy in government and within Constitutional limits, shall have the full power and authority to promote the utmost cooperation between said county and city in the financing, administration, and performance of governmental and ministerial services and functions in which each has a common interest; to provide for contracts between the said county and city; to provide for limitations on the authority and powers of said Board; to amend all laws relating to Muscogee County, Georgia, its government and officers, and the City of Columbus, Georgia, its government and officers, in accordance with the terms of this Act, and, as so amended, to preserve all of said laws not in conflict herewith; to provide for the repeal of all laws and parts of laws in conflict herewith; to provide for meetings of said Board; to provide for a quorum for the transaction of business; to provide for the number of votes necessary to pass an ordiance, resolution, proposal or emergency measure; to provide for absences from regular meetings of the Board; to provide for the adoption of rules of organization and parliamentary procedure for said meetings; to provide that if any part hereof be declared void that such declaration shall not affect the validity of other portions hereof; to provide individual immunity of any public officer acting hereunder should this law, or any part thereof, be declared void or unconstitutional; 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. Short Title of Act. This Act shall be known as Columbus-Muscogee Board of Commissioners Act. Section 2. Creation of Columbus-Muscogee Board of Commissioners. That, upon the effective date of this Act, there is hereby created a Board of Commissioners for Muscogee County, Georgia, which shall be known as Columbus- Muscogee Board of Commissioners, with the powers as may be vested in it by this Act. Section 3. Composition of Board. Said Board shall consist of seven members, including the Mayor-Chairman, the office of which is hereinafter established. Section 4. Powers, Duties and Responsibilities of Board. Except as otherwise herein provided, said Board shall be vested with all of the rights, powers, duties and responsibilities as heretofore vested in and exercised by the Board of Commissioners of Roads and Revenues of Muscogee County, Georgia under existing laws, as to Muscogee County, Georgia; and in addition thereto, except as otherwise herein provided, said Board shall be vested with the full and exclusive authority, rights, powers, duties and responsibilities heretofore vested in, and exercised by the City Commission of the City of Columbus, Georgia under present or future laws, its existing charter and all amendments thereto. In addition thereto, said Board shall be vested with such additional powers, duties and responsibilities as are herein conferred, or which may hereafter be placed upon said Board by any future law or laws. Section 5. Qualifications of Members of Board. No person shall be eligible to be a member of said Board who is not at the time of his or her election at least twenty-five years of age and who shall not have been a qualified voter of Muscogee County, Georgia for at least two years next preceding his or her election, and such member of said Board during his or her term of office shall continue to be a resident of Muscogee County, Georgia and to be a qualified voter thereof, and upon failure so to do or to be, his or her office shall be declared vacant.
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No person holding the office of Commissioner shall hold any other County or City office or employment for which compensation is paid by the County or City except that of commercial notary public, or member of the State Militia. Women, as well as men, shall be eligible as members of said Board. Section 6. Terms of Office. The office of each member of the Board shall be designated as Mayor-Chairman, Office Number 1, Office Number 2, Office Number 3, Office Number 4, Office Number 5, and Office Number 6. The offices of Mayor-Chairman and Offices Numbered 1, 2 and 3, shall be filled by an election by the qualified voters of Muscogee County, Georgia for a term of four years commencing January 1, 1963, and every four years thereafter. The offices designated as Offices Numbered 4, 5 and 6 shall be filled by an election by the qualified voters of Muscogee County, Georgia for terms of two years commencing January 1, 1963 and ending December 31, 1964. Thereafter, said last mentioned offices shall be filled by elections by the qualified voters of Muscogee County, Georgia for terms of four years commencing January 1, 1965, and every four years thereafter. Said Commissioners shall serve until their successors are duly qualified. Section 7. Compensation and Bond. Each Commissioner occupying Offices Numbered 1 to 6, inclusive, shall be paid for his services as such Commissioner hereunder the sum of $3,600.00 per annum, payable in equal monthly installments, on the first day of each month during his continuance in office, to be borne one-half by Muscogee County, Georgia and one-half by the City of Columbus; and each Commissioner and the Mayor-Chairman shall give separate bonds for the faithful discharge of his duties in the sum of $5,000.00 with some bonding company doing business in this State as surety thereon, one such bond payable to Muscogee County, Georgia, and the other to the City of Columbus, Georgia, conditioned for the faithful discharge of the respective duties of his office. The premiums on the respective bonds to it shall be paid by the County and City.
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Said bonds of Muscogee County, Georgia shall be first approved by the Ordinary of said County as the bonds of other County officers. Said bond to the City of Columbus, Georgia shall be delivered to the City Clerk for safekeeping. Said bonds to Muscogee County, Georgia, shall be filed and recorded by the Ordinary as are the bonds of other County officers. Section 8. Election of Members. Each candidate shall select the office as designated herein on the Commission to which he seeks election and the candidate for each office receiving the highest number of votes shall be deemed duly elected. All nominations and elections for members of said Commission, including the Mayor-Chairman, shall be held under the laws governing the nomination and election of County Officers and the conduct thereof shall be made in the same manner, and the Governor of the State shall duly commission the successful candidates upon each taking the following oath of office, to-wit: I do solemnly swear that I will faithfully discharge the duties of Commissioner of Columbus-Muscogee Board of Commissioners, in all matters which require my official action and to the best of my knowledge and skill, and I will so act as in my judgment will be most conducive to the welfare and best interest of the entire County; that in my official conduct I will uphold the Constitution and laws of the United States, and of the State of Georgia, and the charter of the City of Columbus, and 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 the teachings of communism. I do further swear that I have not, either in the general election or in the party primary in which I was a candidate, directly or indirectly, expressed or implied my promise of support to any person for any office in the government of the County of Muscogee or the City of Columbus, nor have I influenced my election by the unlawful use of money, or other thing of value, nor by the use of intoxicating liquors. I do further swear that I will not knowingly permit my vote in the
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election or appointment of any person to a position in the County or City government, or on the passage or adoption of any resolution or ordinance before the Commission, to be influenced by fear, favor, affection, reward, or hope thereof, but that in all things pertaining to said office, I will be governed by my conviction as to the public good, so help me God. Oath. The first election for said offices shall be at the general election in 1962. Such officers shall take office on January 1 of the year following their election. Section 9. Office of Mayor-Chairman. There is hereby created the office of Mayor-Chairman of said Board, which shall be a full time position. Said office shall be filled by the qualified electors of Muscogee County at the general election of 1962, and each four years thereafter for a term of four years and until his successor is duly qualified. Said officer shall take office on January 1 of the year following his election. No Commissioner of said Board shall be qualified to become a candidate for the post of Mayor-Chairman for a term which would overlap his existing term without first resigning his position on said Board, effective on January 1 of the succeeding year. Section 10. Qualifications of Mayor-Chairman. Any candidate for the office of Mayor-Chairman shall have the same qualifications as above prescribed for a Commissioner on said Board. Section 11. Compensation of Mayor-Chairman. The Compensation of the Mayor-Chairman shall be $15,000.00 per annum, payable in equal monthly installments on the first day of each month during his continuance in office, one-half to be borne by Muscogee County, Georgia, and one-half by the City of Columbus, Georgia. Section 12. Powers, Duties and Responsibilities of Mayor-Chairman. The Mayor-Chairman shall be an equal member of said Board and shall have all of the powers and duties herein conferred upon the members of said Board, except that he shall vote only in case of a tie, or when necessary
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to secure the passage of an ordinance, resolution, proposal or emergency measure. He shall be the chief executive officer of said Board, shall preside at all meetings of the Board, and shall serve as Chairman of the Board when the Board considers County matters and as Mayor of the City of Columbus when the Board considers City matters, and shall have such powers and duties as are by law vested in said offices, and such additional powers and duties as the Board of Commissioners shall direct, and shall supervise the execution of the directives of said Board. In this capacity said Board shall have full power and authority to designate which powers and duties shall be vested in and performed by the Mayor-Chairman when acting for the City of Columbus, Georgia, and which powers and duties shall be vested in and performed by the City Manager of the City of Columbus, Georgia. He shall keep the Commission advised from time to time of the general condition of said County and City and shall recommend such measures as he may deem necessary and expedient for the general welfare thereof. He may call the Commission together at any time when deemed necessary by him. He shall be an ex-officio member of all subordinate County and City Boards, Committees, and agencies and shall receive notice of all meetings thereof. Section 13. Vacancies in Offices of Board Members or Mayor-Chairman. Upon any vacancy occurring on said Commission or in the office of Mayor-Chairman from death, resignation, or otherwise, it shall be filled by an election to be called and held by the Ordinary of Muscogee County, Georgia, for the purpose of electing someone to fill said vacancy, and it is further provided that the person elected at said election shall serve on said Board for and during the term of the Board member who resigned or otherwise caused such vacancy. It is further provided that the Ordinary of Muscogee County, Georgia shall call an election not less than twenty days from the date of said vacancy nor more than thirty-five days from the date of said vacancy. It is further provided that it shall be the duty of the Ordinary to prepare ballots or voting machines in sufficient
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numbers for the purpose of holding said special election, said election to be conducted by the use of ballots or voting machines as said Ordinary may decide, and that all materials and supplies, including ballots, if such are used, are placed in the hands of the managers of said election in each voting precinct of said County at least twenty-four hours before the voting begins in said special election, and it is further provided that the expense of holding said elections shall be paid one-half by Muscogee County, Georgia and one-half by the City of Columbus, Georgia. It is further provided that the returns of said election shall be made to the Ordinary of said County, whose duty it shall be to announce the results of said election, and it is further provided that the person elected at such special election shall hold his office until his successor is elected and qualified. Said special election shall otherwise be held under the same rules and regulations as is now provided by law for such elections. Section 14. Additional Powers of Board. In the interest of efficiency and economy of government, and within Constitutional limits, said Board shall have the full power and authority to promote the utmost cooperation between said County and City in the financing, administration, and performance of the governmental and ministerial services and functions in which each has a common interest. However, said Board shall have no authority or power to increase or decrease the duties or responsibilities of any County Officer elected by the people without his consent unless authorized by law. Section 15. Contracts Between County and City Authorized. Notwithstanding the fact that a common Board of Commissioners is hereby established to govern Muscogee County, Georgia, and the City of Columbus, Georgia, the said Board of Commissioners is hereby expressly authorized, when acting for and in behalf of Muscogee County, Georgia, to contract with the City of Columbus, Georgia, as to all matters in which each of the entities have a common interest; and likewise said Commission, when acting on behalf of the City of Columbus, Georgia, is hereby expressly authorized
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to contract with Muscogee County, Georgia, as to any matter in which the two entities may have a common interest. Provided, however, that no final action shall be taken on any such contract by said Board in either of its capacities until and unless a single notice of the proposed contract and the time and place of the meeting or meetings at which same shall be considered for final approval, shall have been published at least once a week for two consecutive weeks in the official organ of Muscogee County, Gorgia; provided further, that if for any reason said Board does not take final action with respect to such proposed contract at such designated meeting or meetings it may take final action on such proposed contract at any adjourned session of the meeting or meetings referred to in said notice. Section 16. Limitation of Powers of Board. Nothing contained in this Act shall be construed to: (a) Extend the present corporate limits of the City of Columbus, Georgia. (b) Affect the separate existence of Muscogee County, Georgia and the City of Columbus, Georgia, as separate political subdivisions. (c) Increase the taxing power of either County or City. (d) Abolish the office of City Manager of the City of Columbus or the office of Clerk of the Board of Commissioners for Muscogee County, Georgia. Section 17. Meetings of Board. Said Commission shall hold regular sessions once a week on a certain date set by the Board for the purpose of considering County matters, in the Court House of said County, and may adjourn from day to day until said business is finally disposed of. Likewise, the Commission shall hold regular sessions once a week on a certain date set by the Board for the purpose of considering City matters, and may adjourn from day to day until said matters are finally disposed of. Said Board may, if it so determines, elect to hold said sessions to consider County matters and City matters on the same date; extra
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sessions to consider either County or City matters may be held at any time, on call of the Mayor-Chairman, or on the call of any two members of the Board when in their judgment the interests of the County or City demand it. At the first meeting in January, following the election to which a new member or members shall have been elected, the Board shall elect one of their number as Mayor Pro Tem. and Vice Chairman to serve in the absence or disqualification of the Mayor-Chairman. At said meeting the Board shall adopt such rules of organization and parliamentary procedure to govern the conduct of said meetings as said Board may in its discretion decide. Said rules of organization and parliamentary procedure shall govern the conduct of all meetings to be held in the future except that such rules may be waived, changed or modified by the affirmative vote of four members of said Board. Five members of the Board shall constitute a quorum for the transaction of business. The passage of an ordinance, resolution, or proposal shall require the affirmative vote of four members of the Board, and the passage of an emergency measure and its effective date, shall require the affirmative vote of five members of the Board. For each absence of a Commissioner (other than the Mayor-Chairman) from a regular meeting of the Board, except for providential cause, there shall be deducted from the pay of such Commissioner a sum equal to one percent of his annual salary. Provided, however, there shall be no deduction from the pay of a Commissioner for absences from regular meetings where such absences have been excused by the Board by resolution thereof and entered upon the minutes, but in no event shall any Commissioner be paid for more than ten absences in any one calendar year. Absences from five consecutive regular meetings of the Board when considering County matters and five consecutive regular meetings of the Board when considering City matters, unless such absences are excused by the Board by resolution entered upon the minutes, shall operate to vacate the seat of the Commissioner. Section 18. Amendment and Preservation of Laws Not in Conflict Herewith. All laws or parts of laws relating to
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Muscogee County, Georgia, its government and the conduct thereof, its officers and their duties, to the extent not in conflict herewith, are hereby amended in accordance with the terms hereof and, as so amended, are preserved and made a part hereof and incorporated herein by reference; likewise, all laws and parts of laws relating to the City of Columbus, Georgia, its government and the conduct thereof, its officers and their duties, to the extent not in conflict herewith, are hereby amended in accordance with the terms hereof, and, as so amended, are preserved, and made a part hereof and incorporated herein by reference, it being the intent of this Act to amend all laws relating to both said political subdivisions in accordance with the terms hereof and to preserve all laws and parts of laws, as hereby amended, which do not conflict with the express provisions of this Act. Section 19. Repeal of Conflicting Laws. All laws and parts of laws in conflict herewith are hereby repealed. Section 20. Effective Date of ActReferendums. For the purpose of the calling and conduct of the Referendums provided for hereinafter, this Act shall become effective immediately upon approval by the Governor, or otherwise becoming law. This Act shall have no other force or effect until the same have been ratified and approved by a majority of the electors voting in both the Muscogee County Referendum and the City of Columbus, Georgia, Referendum hereinafter provided for. Upon the approval of this Act by the Governor, or its becoming law otherwise, the Ordinary of Muscogee County, Georgia, shall within ten days of such approval, or its becoming law otherwise, issue a call or calls for the holding of two Referendums both to be held on a day certain to be fixed by said Ordinary, which date shall be not less than thirty days nor more than fifty days after such call or calls. One of such Referendums shall be submitted to and participated in by the qualified voters of Muscogee County, Georgia, and the other of said Referendums shall be submitted to and participated in by the qualified voters of the City of Columbus, Georgia. The said Ordinary shall cause said call or calls, including the date and
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purpose of the Referendums, to be published once a week for two consecutive weeks immediately prior to the holding of said Referendums in the official organ of Muscogee County, Georgia, and, in addition, said Ordinary shall have published in said official organ the full text of this Act one time at least ten days prior to the holding of said Referendums. In the said Referendums ballots or voting machines, or both, may be used in the discretion of said Ordinary. Said Referendums shall be conducted and concluded in the manner prescribed by law for the conduct of elections generally, including the special election laws of the State of Georgia, which shall apply to all matters pertaining to said Referendums, which are not in conflict with the provisions of this Act. For use in the Referendum to be submitted to the qualified voters of Muscogee County, Georgia hereinafter provided for, said Ordinary shall use the lists of qualified voters prepared and furnished to him by the Registrars of Muscogee County, Georgia, in accordance with the requirements of election laws applying to special elections for the voters of Muscogee County, Georgia. For use in the Referendum to be submitted to the qualified voters of the City of Columbus, Georgia, hereinafter provided for, said Ordinary shall use the lists of qualified voters prepared and furnished with the provisions of its charter in reference to special elections for the voters of the City of Columbus, Georgia. In one of said Referendums there shall be submitted to the qualified voters of Muscogee County, Georgia, which includes the qualified voters of the City of Columbus, Georgia, the following question: ADOPTION or REJECTION of the Act, known as Columbus-Muscogee Board of Commissioners Act, and all of the provisions thereof, including, but not limited to, the abolition of, and the shortening of the terms thereof accordingly, as of midnight December 31, 1962, or the qualification of the members of the Board created by said Act, whichever is later, of the five offices of the present Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, three of which expire December 31, 1964, and two of which expire December 31, 1962.
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At said Referendum the qualified voters of Muscogee County, Georgia, including those residing within the said City of Columbus, Georgia, shall vote for or against said question specified. The ballot or voting machine used in said Referendum shall have printed thereon, as to said question, the following: 1. FOR-ADOPTION of the Act, known as Columbus-Muscogee Board of Commissioners Act, and all of the provisions thereof, including, but not limited to, the abolition of, and the shortening of the terms thereof accordingly, as of midnight December 31, 1962, or the qualification of the members of the Board created by said Act, whichever is later, of the five (5) offices of the present Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, three of which expire December 31, 1964, and two of which expire December 31, 1962. 2. AGAINST-ADOPTION of the Act, known as Columbus-Muscogee Board of Commissioners Act, and all of the provisions thereof, including, but not limited to, the abolition of and the shortening of the terms thereof accordingly, as of midnight December 31, 1962, or the qualification of the members of the Board created by said Act, whichever is later, of the five offices of the present Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, three of which expire December 31, 1964, and two of which expire December 31, 1962. Those County voters favoring the adoption of this Act shall vote: FOR-Adoption of the Act, and all of the provisions thereof, including, but not limited to, the abolition of the offices and the shortening of the terms thereof, as above specified, and those voters opposing the adoption of this Act shall vote: AGAINST-Adoption of the Act, and all of the provisions thereof, including, but not limited to, the abolition of the offices and shortening of the terms thereof, as above specified. The term County Voters for the purposes hereof shall mean the qualified voters of Muscogee County, Georgia, irrespective of whether such voter resides within or without the corporate limits of the City of Columbus, Georgia.
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In the other Referendum which shall also be held and conducted by the Ordinary of Muscogee County, Georgia, on the same day and at the same time as the Referendum above referred to, there shall be submitted to the qualified voters of the City of Columbus, Georgia, the following question: ADOPTION or REJECTION of the Act, known as Columbus-Muscogee Board of Commissioners Act, and all of the provisions thereof, including, but not limited to, the abolition of, and the shortening of the terms thereof accordingly, as of midnight December 31, 1962, or the qualification of the members of the Board created by said Act, whichever is later, of the five offices of the present members of the City Commission of the City of Columbus, Georgia, two of which expire the first Monday in January, 1965, and three of which expire the first Monday in January 1963. At said Referendum the qualified voters of the City of Columbus, Georgia, shall vote for or against said question specified. The ballot or voting machine used in said Referendum shall have printed thereon, as to said question, the following: 1. FOR-ADOPTION of the Act, known as Columbus-Muscogee Board of Commissioners Act, and all of the provisions thereof, including, but not limited to, the abolition of, and the shortening of the terms thereof accordingly, as of midnight December 31, 1962, or the qualification of the members of the Board created by said Act, whichever is later, of the five offices of the present City Commission of the City of Columbus, Georgia two of which expire the first Monday in January, 1965, and three of which expire the first Monday in January, 1963. 2. AGAINST-ADOPTION of the Act, known as Columbus-Muscogee Board of Commissioners Act, and all of the provisions thereof, including, but not limited to, the abolition of, and the shortening of the terms thereof accordingly, as of midnight December 31, 1962, or the qualification of the members of the Board created by said Act, whichever is later, of the five offices of the present City Commission
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of the City of Columbus, Georgia, two of which expire the first Monday in January, 1965, and three of which expire the first Monday in January, 1963. Those voters of the City of Columbus, Georgia, favoring the adoption of this Act shall vote: FOR-Adoption of the Act, and all of the provisions thereof, including, but not limited to, the abolition of the offices and shortening of the terms thereof, as above specified. Those voters opposing the adoption of this Act shall vote: AGAINST-Adoption of the Act, and all of the provisions thereof, including, but not limited to, the abolition of the offices and shortening of the terms thereof, as above specified. In order to simplify the conduct of the above Referendums and the submission of the two questions to the voters of the City of Columbus, Georgia, who are also Muscogee County voters, the question first above referred to and required to be submitted to the qualified voters of Muscogee County, Georgia, as such, is hereby designated as Question #1. The question above set forth which is required to be submitted to the qualified voters of Columbus, Georgia, is, for the purpose of this section, designated as Question #2. The said Ordinary shall submit the aforesaid questions designated as Question #1 and Question #2 to the qualified voters of the City of Columbus, Georgia, who are also qualified voters of Muscogee County, Georgia on the same ballot or voting machine but the said voters shall vote separately on each of the two questions. In voting upon Question #1 said voters shall be voting in their capacities as qualified voters of Muscogee County, Georgia and in voting on Question #2 said voters shall be voting in their capacities as qualified voters of the City of Columbus, Georgia. In determining the results of these Referendums the said Ordinary shall consolidate the votes cast by qualified voters of Columbus, Georgia in their capacities as qualified voters of Muscogee County, Georgia on Question #1 with the votes cast by the other qualified voters of said County, and certify the total result as such. The said Ordinary shall likewise certify the result of the votes of the qualified voters of the City of Columbus, Georgia, on Question #2. It shall be the duty of the Ordinary to determine the results and to declare
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and certify the results of both of said Referendums. It shall be his further duty to certify the results thereof to the Secretary of State of the State of Georgia. Should a majority of the qualified voters of Muscogee County, Georgia which vote in said Referendum vote in favor of Question No. 1 as above designated, and if a majority of the qualified voters of the City of Columbus, Georgia, which vote in said other Referendum above referred to shall also vote in favor of Question No. 2 as above designated, then and in such event this Act shall become effective immediately and the Ordinary of Muscogee County, Georgia shall conduct elections for members of the Columbus-Muscogee Board of Commissioners and for Mayor-Chairman thereof in the regular elections of 1962, as provided for in this Act, in accordance with the general election laws governing election of County officers, and thereafter, as provided for in this Act. The cost of conducting both of said Referendums shall be borne one-half by Muscogee County, Georgia, and one-half by the City of Columbus, Georgia. Section 21. Abolition of Offices of Present Members of the Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, and the Commission of the City of Columbus, Georgia, in the Event of the Adoption of this Act. If this Act is adopted in said Referendums, as hereinabove provided, and the offices specified in the preceding Section of this Act are voted to be abolished and their respective terms shortened, as hereinabove provided, at said Referendums, then and in such events the five offices of the present Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, and the five offices of the present City Commission of the City of Columbus, Georgia are hereby abolished, as provided in said questions. Section 22. Personal Immunity. Should this law, or any part thereof, be declared void, any person acting hereunder in any public capacity shall not be individually liable for any act or acts performed under color or public office or pursuant to the directions of any of the members of the Board created hereby, or otherwise.
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Section 23. Severability Provisions. If any portion of this Act, or its application to any person or any circumstance, shall be declared invalid, the remainder of this Act and the application of such portion to other persons or in other circumstances shall remain unaffected. Section 24. Notice of Intent to Apply for Enactment. 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. Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia, at its session convening in January, 1962, for the passage of a bill to amend the existing laws pertaining to the Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, its composition, powers, duties and responsibilities, and to amend the existing charter of the City of Columbus, Georgia pertaining to the City Commission of the City of Columbus, Georgia, its composition, powers, duties and responsibilities, so that each of such governing bodies shall continue to exist with all of its present powers, duties and responsibilities conferred by law, except as expressly modified and changed by this legislation, but each shall also have conferred upon it the powers, duties and responsibilities possessed by the other; so that the members of such governing bodies shall serve in the dual capacities of members of the Board of Commissioners of Roads and Revenues of Muscogee County, Georgia and as members of the City Commission of the City of Columbus, Georgia; that such combined Boards shall also be known as the Columbus-Muscogee Board of Commissioners; to create a position of Mayor-Chairman of such combined Board and to define his qualifications, his method of election, his powers and duties;
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to define additional powers and duties, and the limitations thereof, of such combined Board; to provide for the qualification and election of members of such combined Board; to abolish the present two offices of the Commission of the City of Columbus, Georgia, which expire in January, 1965; to abolish the present three offices of Commissioners of Roads and Revenues of Muscogee County, Georgia which expire in December of 1965; to provide for the salary and expense allowance of such combined Board and Mayor-Chairman; to provide for the submission of such legislation to a vote of the electors of Muscogee County, Georgia for their approval or rejection; to provide for the effective date of such legislation; and for other purposes. /s/ John B. Amos. Georgia, Muscogee County. Personally appeared before me, the undersigned officer duly authorized by law to administer oaths, M. R. Ashworth, who on oath deposes and says that he is the publisher of the Columbus Ledger, a 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 20, 1962, January 27, 1962, February 3, 1962. /s/ M. R. Ashworth. Sworn to and subscribed before me, this 3rd day of February, 1962. /s/ Frances B. King, Notary Public, Muscogee County, Georgia. (Seal). Approved February 16, 1962.
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ACT CREATING SMALL CLAIMS COURTS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 19,500 AND NOT MORE THAN 19,700 PERSONS AMENDED. No. 585 (House Bill No. 709). An Act to amend an Act creating a Small Claims Court in certain counties in this State, approved April 5, 1961 (Ga. L. 1961, p. 3142), so as to change the provision as to jurisdiction; to provide for service of notice by certified mail; to change the provision as to costs; to provide for one or more bailiffs of and for said Small Claims Courts; to provide for the number of jurors; to provide for contempt of court; to provide that the judge shall be exempt from jury duty of the superior court and the city court; to provide for furnishing said Small Claims Court with certain books; 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 April 5, 1961 (Ga. L. 1961, p. 3142), is hereby amended by striking the last sentence of section 1 and inserting in lieu thereof the following: Said jurisdiction shall include the power to issue writs of garnishment and attachment, and in addition to the powers herein specifically granted, all the powers granted to justices of peace by laws of the State of Georgia. so that when so amended Section 1 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 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
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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, all the powers granted to justices of peace by laws of the State of Georgia. Jurisdiction. Section 2. Said Act is further amended by striking from the last sentence in paragraph (a), from the first sentence in paragraph (b) and from paragraph (f) of section 6 the word registered and substituting in lieu thereof the words registered mail or certified, so that when so amended said section shall read as follows: Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. Procedure. (a) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by any official or person authorized by law to serve process in circuit courts; or by registered mail 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 mail or certified 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
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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 the 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 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 or certified mail the date of mailing shall be the date of service. Section 3. Said Act is further amended by striking section 8 in its entirety and in lieu thereof inserting the following: 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 cost of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; but the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty, and replevin by possessory warrant, shall be seven dollars and fifty cents ($7.50); and in other matters (not specifically mentioned here) the costs shall be the same as provided for justices of the peace; and in claim cases and illegalities, instituted by a third party
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after levy, the costs shall be five dollars ($5.00), to be taxed in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a 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 case at his discretion. [Illegible Text] Section 4. Said Act is further amended by adding a new section thereto to be known as section 12-A to read as follows: Section 12-A. The judge of such court shall have the power to appoint one or more bailiffs of and for said Small Claim Court, to act within and throughout the limits of the county, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said Small Claims Court, with power, also, to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in section 24-804 and give the bond prescribed in section 24-811 of the Code of Georgia, and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this State. Bailiffs. Section 5. Said Act is further amended by striking section 13 in its entirety and inserting in lieu thereof the following: 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. Unless otherwise demanded
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such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each. Jury trials. The judge or clerk shall have the power to subpoena jurymen and witnesses. The judge shall have no power to punish for contempt of court, but he may, for cause, cite persons to appear before the judge of the superior court of the county for that purpose. Contempt. Section 6. Said Act is further amended by adding to the end of section 18 the following: Each judge so appointed shall be exempt from jury duty of the superior court and the city court of said county., so that when so amended section 18 shall read as follows: Section 18. The judge so 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. Each judge so appointed shall be exempt from jury duty of the superior court and the city court of said county. Judge. Section 7. Said Act is further amended by adding a new section thereto to be known as section 19-A to read as follows: Section 19-A. The State Librarian is hereby authorized and directed to furnish the Small Claims Courts established hereby, without cost to the court or the county, an up-to-date annotated Code of Georgia and continuing supplements thereto, and all volumes of Georgia Laws, beginning with the Laws of 1960 and if for any reason the State Librarian cannot furnish such books, the Governor is hereby authorized to draw his warrant on the State Treasury for the amount required to purchase them, from any funds available. Code. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 16, 1962.
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WARREN COUNTYSALARY OF COUNTY TREASURER. No. 588 (House Bill No. 740). An Act to amend An Act to create a county treasurer for the County of Warren; to fill the vacancy occasioned by the repeal of the Act of the General Assembly of Georgia abolishing the office of county treasurer of said county, approved August 6, 1915; to fix the salary of said county treasurer; to define the powers, duties, responsibilities and limitations of said county treasurer; to fix the salary of the said county treasurer; to provide for the election and qualification of said county treasurer; to provide how the premium of the bond of said county treasurer shall be paid, and for the other purposes, of the General Assembly approved August 3, 1923, (Ga. L. 1923 pp. 345 and 346) be amended by striking from the third line of Section 4, thereof, the figure five and inserting, in lieu thereof, the figure nine, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act to create a county treasurer for the County of Warren; to fill the vacancy occasioned by the repeal of the Act of the General Assembly of Georgia abolishing the office of county treasurer of said county, approved August 6, 1915; to fix the salary of said county treasurer; to define the powers, duties, responsibilities and limitations of said county treasurer; to fix the salary of the said county treasurer; to provide for the election and qualification of said county treasurer; to provide how the premium of the bond of said county treasurer shall be paid, and for the other purposes, of the General Assembly approved August 3, 1923, (Ga. L. 1923, pp. 345 to 346) be and the same is hereby amended by striking from the third line of section 4, thereof, the word five and inserting in lieu thereof, the word nine so that said section 4, so that said act when amended shall read as follows:
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Section 4. Be it further enacted, That the salary of said county treasurer and his successors in office shall be the sum of nine hundred dollars, payable monthly out of the general funds of said county, and in addition thereto, he shall also be paid by the county out of the general county funds, such sums as may be necessary for the payment of premium for his official bond, or bonds, to a surety company issuing said bonds. Salary. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Section 3. Affidavit of the legal advertisement of this local Act is attached hereto and made a part of this Act and reference is made to said affidavit. Georgia, Warren County. Personally before the undersigned, an officer authorized under the laws of Georgia to administer oaths, appeared Alva L. Haywood, who on oath says that he is owner and publisher of the Warrenton Clipper, which is the official news organ of and published in Warren County, Georgia: Deponent further says on oath that the following notice of intention to introduce a local bill in the present session of the Legislature of Georgia, to-wit: Notice of Intention to Introduce a Local Bill. Notice is hereby given that it is the intention of the undersigned to introduce for passage at the 1962 session of the Georgia Legislature, a local bill entitled as follows: An Act to amend `An Act to create a county treasurer for the County of Warren; to fill the vacancy occasioned by the repeal of the Act of the Georgia Assembly of Georgia abolishing the office of county treasurer of said county, approved August 6, 1915; to fix the salary of said county treasurer; to define the powers, duties, responsibilities and limitations of said county treasurer; to fix the salary of said county treasurer; to provide for the election and qualification of said county treasurer; to provide how the premium of the bond of said county treasurer shall be paid,
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and for the other purposes,' of the General Assembly approved August 3, 1923, (Ga. L. 1923, pp. 345 and 346) be amended by striking from the third line of section 4, thereof, the words five hundred dollars and inserting, in lieu thereof, the words nine hundred dollars and for other purposes. This the 19th day of December, 1961. /s/ George P. Langford, Jr., Representative, Warren County. /s/ W. Tom Veazey, 19th Senatorial District. was published in said newspaper on the following date and issues, to-wit: The issue of December 22, 1961, the issue of December 29, 1961, and in the issue of January 5, 1962. /s/ Alva L. Haywood. Sworn and subscribed to before me, this the 11th day of January, 1962. /s/ Lena Bowman, Notary Public, Georgia, State at Large. (Seal). Approved February 26, 1962. MUSCOGEE COUNTYSALARY OF CLERK OF SUPERIOR COURT. No. 589 (House Bill No. 750). An Act to amend an Act, approved March 5, 1957, entitled: An Act to amend Act, approved February 6, 1952, entitled: `An Act to establish the salary of the clerk of the superior court of Muscogee County, Georgia, as such, and ex-officio clerk of the City Court of Columbus, Georgia; to repeal all laws in conflict with this Act and for other
Page 2190
purposes by changing the salary therein specified; to repeal all laws in conflict with this Act; and for other purposes' . Be it enacted by the General Assembly of Georgia as follows: Be it enacted by the General Assembly of Georgia: Section 1. The Act to amend an Act approved March 5, 1957 (Ga. L. 1957, p. 2397 et. seq.) entitled: An Act to amend an Act approved February 6, 1952 (Ga. L. 1952, p. 40 et. seq.) entitled: `An Act to establish the salary of the clerk of the superior court of Muscogee County, Georgia, as such, and as ex-officio clerk of the City Court of Columbus, Georgia; to repeal all laws in conflict with this Act and for other purposes' is hereby amended by providing that the salary of the clerk of the superior court of Muscogee County, Georgia, as such, and as ex-officio clerk of the City Court of Columbus, Georgia, shall be $10,500.00 per annum, payable monthly. Salary. Section 2. Be it further enacted by the authority aforesaid that this Act shall be effective upon the passage and approval of the same by the Governor of the State of Georgia. Effective date. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Section 4. Notice of intention to apply for the passage of this Act has been published in the Columbus Ledger, a newspaper in which sheriff's advertisements of Muscogee County, Georgia, are published, once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly. Attached hereto, and made a part of this Act, is a copy of said notice certified to by the publisher of said newspaper, as provided by law. Notice of Local Legislation. State of Georgia, County of Muscogee. Notice is hereby given that application will be made at
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the session of the General Assembly of Georgia, which convenes in January, 1962 for the passage and approval of a bill entitled as follows: An Act to amend an Act, approved March 5, 1957, entitled: `An Act to amend an Act, approved February 6, 1952, entitled An Act to establish the salary of the clerk of the superior court of Muscogee County, Georgia, as such, and as ex-officio clerk of the City of Columbus, Georgia; to repeal all laws in conflict with this Act and for other purposes by changing the salary therein specified: to repeal all laws in conflict with this Act and for other purposes by changing the salary therein specified; to repeal all laws in conflict with this Act; and for other purposes'. This 13th day of December, 1961. /s/ John Bloodworth, Clerk of Superior Court, Muscogee County, Georgia. Georgia, Muscogee County. This is to certify that the attached copy of notice of intention to apply for the passage of a local bill has been published as provided by law once a week for three (3) weeks, to-wit 13th, 20th, and 27th of December, 1961, in the Columbus Ledger, the newspaper in which the sheriff's advertisements for Muscogee County are published. /s/ M. R. Ashworth, Publisher, The Columbus Ledger, Columbus, Georgia. Sworn to and subscribed before me, this 5th day of January, 1962. /s/ Barbara T. Moss, Notary Public, Muscogee County, Georgia. (Seal). Approved February 26, 1962.
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CITY OF ATLANTACORPORATE LIMITS. No. 590 (House Bill No. 758). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act entitled An Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof be and the same are hereby amended, as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for the locality are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Advertisement. Section 2. That the corporate limits of the City of Atlanta be enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta all the territory lying within the following boundary lines: Corporate limits. All that tract or parcel of land lying and being in land lot 13 of the 17th district of Fulton County, Georgia, and being more particularly described as follows: Beginning at a point on the present City Limits of Atlanta where the south line of land lot 13 intersects the rear line of lot 6, block B, of Club Forrest subdivision; thence running north 00 degrees 20 minutes east thirteen (13) feet, more or less, to a point; thence running north 27 degrees 58 minutes west four hundred ten and thirty-three hundredths
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(410.33) feet to a point; thence running south 89 degrees 02 minutes east one hundred sixty-five and sixty-three hundredths (165.63) feet to a point; thence running north 01 degrees 13 minutes west five hundred forty-four and sixty-eight hundredths (544.68) feet to a point; thence running north 89 degrees 19 minutes east nineteen hundred thirty-six and fifty-nine hundredths (1936.59) feet, crossing Angelo Drive and Club Terrace, to a point; thence running due south four hundred and thirty hundredths (400.30) feet to a point on the north side of Club Valley Drive at the southeast corner of lot 4, block F, of Club Forrest subdivision; thence running south 26 degrees 10 minutes west fifty-five and sixty-nine hundredths (55.69) feet, crossing Club Valley Drive, to a point at the northeast corner of lot 14 block D of Club Forrest subdivision; thence running south 22 degrees 54 minutes west one hundred eighty-two and fifty-five hundredths (182.55) feet to a point; thence running south 09 degrees 36 minutes west one hundred six and eighteen hundredths (106.18) feet to a point; thence running south 81 degrees 01 minutes west sixty-one and eighty hundredths (61.80) feet to a point; thence running south 54 degrees 49 minutes west one hundred ninety-seven and eighty hundredths (197.80) feet to a point; thence running north 62 degrees 56 minutes west ninety-four and ninety-six hundredths (94.96) feet to a point; thence running south 00 degrees 03 minutes west ninety-two and thirty-two hundredths (92.32) feet to a point; thence running south 80 degrees 24 minutes west two hundred ninety-nine and sixty hundredths (299.60) feet to a point; thence running south 61 degrees 58 minutes west sixty-four (64) feet, more or less, to a point where the rear line of lot 6, block D, intersects the south line of land lot 13, on the present city limits of Atlanta; thence westerly along the south line of land lot 13 and the present city limits of Atlanta, crossing Club Valley Drive at its intersection with Club Circle, eleven hundred twenty (1120) feet, more or less, to a point where the south line of land lot 13 intersects the rear line of lot 6, block B, the point of beginning, all of above described tract or parcel being the major portion of Club Forrest subdivision, plat of which by Joe W. Arnold III, Engineer Surveyor, dated January 31, 1955, is recorded
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on page 49 of plat book 54 of Fulton County, Georgia, records. Section 3. All powers and authority of the City of Atlanta under its charter and ordinances, and all laws appertaining to said city as a municipality are hereby extended over and made effective in every part of the territory included within the limits above described. The power and authority of the officers of the city are made co-extensive with the limits as extended by this Act; and all other rights, and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta, the power of taxing property and of fixing and regulating business; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by charter and the laws and ordinances of the City of Atlanta. The powers of the police department, city tax assessors and receivers, municipal revenue collector, marshal, clerk of the board of aldermen, building inspector, judges of the municipal court, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, the laws and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and is bound for the payment of such bonds equally with the other territory comprising the city of Atlanta. Charter powers. Section 4. 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.
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The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1962 session of the General Assembly of Georgia, which convenes on Monday, January 8, 1962, 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 20th day of December, 1961. /s/ J. C. Savage, City Attorney, City of Atlanta. This 15th day of January, 1962. /s/ Ralph McClelland. Sworn to and subscribed before me, this the 15th day of January, 1962. /s/ Wilson Brooks, Notary Public, Fulton County, Georgia. (Seal). Approved February 26, 1962.
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CITY OF COLUMBUSRESTRICTIONS ON SOUTH COMMONS REMOVED. No. 591 (House Bill No. 778). An Act to amend an Act approved July 24, 1929, (Ga. L. 1929, p. 975) relating to the South Commons of the City of Columbus, striking therefrom section 5 which restricts the authority of the City of Columbus to lease, sell or divert to uses other than park or playground purposes the portions of the South Commons therein described; to authorize the City of Columbus to sell, give, grant, lease or convey said portions of the South Commons for such purposes as it may deem to be in the public interest; to authorize, ratify and confirm the action of said City in executing and delivering a certain deed conveying and a certain contract agreeing to convey portions of said South Commons to the Georgia Ports Authority; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Act approved July 24, 1929, (Ga. L. 1929, p. 975 et seq.) relating to the South Commons of the City of Columbus, Georgia, be, and the same is hereby amended by striking therefrom section 5 in its entirety, said section restricting the authority of the City of Columbus to lease, sell or divert to uses other than park and playground purposes certain portions of the South Commons of said city. Restrictions removed. Section 2. That the City of Columbus, by appropriate ordinance or resolution of the commission thereof, be, and is hereby authorized and empowered to sell, give, grant, lease or convey any part or all of the South Commons which lies west of a southerly extension of Tenth Avenue in said city for such purposes as said City of Columbus through its commission may deem to be in the public interest. Authority to sell, etc. Section 3. The action of the City of Columbus in granting
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and conveying to the Georgia Ports Authority the following described portion of said South Commons, to-wit: All that lot, tract or parcel of land situate, lying and being in the State of Georgia, County of Muscogee, and being all that land in the South Commons of the City of Columbus which is bounded by Lumpkin Boulevard and Fourth Street on the north; by the Chattahoochee River on the west and south, and by an extension of Tenth Avenue on the east; Prior grant ratified. and the action of said City of Columbus in agreeing and contracting to convey to the Georgia Ports Authority the following described portion of said South Commons, to-wit: All that lot, tract or parcel of land situate, lying and being in the State of Georgia, County of Muscogee, and being a part of the South Commons of the City of Columbus, containing twenty-eight (28) acres, and bounded by Lumpkin Boulevard on the south; by Tenth Avenue on the east; by Fourth Street on the north; the west boundary thereof to be ascertained by survey so that said tract shall compose of twenty-eight (28) acres; be, and are hereby authorized, ratified and confirmed. Section 4. That all laws or parts of laws in conflict herewith be, and the same are hereby repealed. Section 5. A copy of the notice of the intention to apply for the passage of this Act as local legislation at the January 1962 session of the General Assembly is attached hereto and made a part hereof, together with an affidavit attesting to the due and proper publication of said notice in accordance with law. 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, 1962, for passage of a bill entitled as follows:
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An Act to amend an Act approved July 24, 1929 (Ga. L. 1929, p. 975) relating to the South Commons of the City of Columbus, by striking therefrom section 5 which restricts the authority of the City of Columbus to lease, sell, or divert to uses other than park or playground purposes the portions of the South Commons therein described; to authorize the City of Columbus to sell, give, grant, lease or convey said portions of the South Commons for such purposes as it may deem to be in the public interest; to ratify and confirm the action of said city in executing and delivering a certain deed conveying and a certain contract agreeing to convey portions of said South Commons to the Georgia Ports Authority; and for other purposes. This the 29th day of December, 1961. /s/ Lennie F. Davis, City Attorney. Georgia, Muscogee County. Personally appeared before me, the undersigned attesting witness, a notary public in and for Muscogee County, Georgia, M. R. Ashworth, who, on oath deposes and says that he is the publisher of the Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said county are published; and that the foregoing and attached notice was duly published in said newspaper once a week for three weeks, to-wit: On December 29, 1961, January 5, 1962 and January 12, 1962. /s/ M. R. Ashworth. Sworn to and subscribed before me, this the 13th day of January, 1962. /s/ Joseph P. Meyer, Notary Public, Muscogee County, Georgia. (Seal). Approved February 26, 1962.
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CITY OF BREMENCHARTER AMENDED. No. 592 (House Bill No. 868). 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 of said town, etc., and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of Georgia that an Act providing a new Charter for the Town of Bremen (now City of Bremen), approved December 30, 1898 (Ga. L. 1898, p. 136), is hereby amended as follows: Section 1. The mayor and councilmen of the City of Bremen shall be paid such compensation for their services as may be fixed by the ordinance of said city, not exceeding five hundred ($500.00) dollars per annum for the mayor, and not exceeding two hundred and fifty ($250.00) dollars each for the councilmen. Salaries of mayor and council. Section 2. The previous acts of the mayor and councilmen in paying themselves salaries are hereby ratified and confirmed. Prior salaries ratified. Section 3. The city recorder shall be the mayor or an attorney at law appointed by the mayor subject to the approval of the council. Recorder. 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 given that there will be introduced at the January, 1962, session of the General Assembly of Georgia, a bill to amend the charter of the City of Bremen, Georgia, the title to such bill or bills to be as follows:
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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; and for other purposes. This 26th day of December, 1961. /s/ Thomas B. Murphy, Representative, Haralson County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rep. 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 28, 1961, January 4 and January 11, 1962. /s/ Thomas B. Murphy, Representative, Haralson County, Georgia. Sworn to and subscribed before me, this 17th day of January, 1962. /s/ Amelia Smith, Notary Public. (Seal). Approved February 26, 1962.
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CITY OF COLUMBUSDATES FOR HOLDING GENERAL ELECTIONS. No. 593 (House Bill No. 779). An Act to amend the charter of the City of Columbus, providing that the city commission of the City of Columbus shall be authorized by the passage of appropriate ordinances to fix the dates and times of general or regular city elections for election of members of said commission; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the charter of the City of Columbus, as said charter has heretofore been amended by the Act of August 5th, 1921, as amended by Georgia Laws 1935, pages 995-997, approved March 14, 1935, and as amended by Georgia Laws 1949, pages 2079-2085, approved February 25, 1949, and as amended by Georgia Laws 1953, No. 133, pages 2312-2315, approved February 16, 1953, be, and it is, further amended by adding after paragraph 45 of said Act of 1921, as so amended, a new section to be known as Section 45-A, and to read as follows: The commission of the City of Columbus shall be authorized, from time to time by the passage of appropriate ordinances, to fix or change the dates and times of general or regular city elections for the election of members of said commission. Except to the extent that they may be changed, fixed or altered pursuant to the authority granted to said commission by this section, the dates and times of such general or regular city elections shall be in accordance with the existing provisions of the charter of said city. Such date as may be set by authority hereof shall be more than 30 days after the primary election held for the nomination of members of said commission, and no such ordinance shall be passed as an emergency measure. Authority to fix dates. Section 2. That all laws or parts of laws in conflict herewith be, and they are hereby repealed.
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Section 3. That there is hereto attached, incorporated herein, and made a part hereof, a copy of the notice of intention to apply for the enactment hereof, with the certificate of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of the bill providing for this Act into the General Assembly. Notice of Intention to Apply for Local Legislation. City of Columbus, Georgia: Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1962, for passage of a bill entitled as follows: An Act to amend the charter of the City of Columbus, providing that the city commission of the City of Columbus shall be authorized by the passage of appropriate ordinances to fix the dates and times of general or regular city elections for the election of members of said commission; and other purposes. This the 29th day of December, 1961. /s/ Lennie F. Davis City Attorney. Georgia, Muscogee County: Personally appeared before me, the undersigned attesting witness, a notary public in and for Muscogee County, Georgia, M. R. Ashworth, who, on oath, deposes and says that he is the publisher of the Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said county are published; and that the foregoing and attached notice was duly published in said newspaper once a week for three weeks, to-wit: On December 29, 1961, January 5, 1962, and January 12, 1962. /s/ M. R. Ashworth
Page 2203
Sworn to and subscribed before me, this the 13th day of January, 1962. /s/ Joseph Meyer Notary Public, Muscogee County, Georgia. (Seal). Approved February 26, 1962. CITY OF WASHINGTONCHARTER AMENDED. No. 594 (House Bill No. 775). An Act to amend an Act which created a new charter to the City of Washington, Wilkes County, Georgia, approved February 14, 1958 (Ga. L. 1958, p. 2139), so as to provide that any city employee must resign his employment before officially campaigning for the office of mayor or councilman; to provide that the mayor or councilman shall not be employed by the city in a capacity other than that of his official position; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act which created a new charter to the City of Washington, Wilkes County, Georgia, approved February 14, 1958 (Ga. L. 1958, p. 2139), is hereby amended by adding at the end of the first paragraph of section 4, a new paragraph which shall read as follows: For any city employee to qualify as a candidate for mayor or councilman, he must resign his employment at least 30 days before he officially enters his campaign for office. Once elected, a mayor or councilman shall not be employed by the city in any capacity other than that of his official position as mayor or councilman. Office of mayor and councilman. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 2204
January 13, 1962 This is to certify that the attached Notice of Intention to Introduce Local Legislation was published in the News-Reporter, a newspaper published in Washington, Georgia, on the following dates: December 28, 1961; January 4, 1962; January 11, 1962. /s/ Howard H. Zumbro Publisher. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1962 session of the General Assembly of Georgia, a bill to amend the city charter of Washington, Georgia, Wilkes County, so as to provide that any city employee desiring to run for the office of mayor or councilman must resign from said employment thirty (30) days before he enters his campaign; to provide that the mayor and members of the council cannot be employees of the city in any capacity other than that of the mayor or councilman; and for other purposes. This 22nd day of December, 1961. H. H. Barnett, Representative, Wilkes County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rep. 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: Dec. 28, 1961, January 4, 1962, January 11, 1962. /s/ H. H. Barnett Representative, Wilkes County.
Page 2205
Sworn to and subscribed before me this 18th day of January, 1962. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved February 26, 1962. CITY OF ALBANYSALARIES OF MAYOR AND CITY COMMISSIONERS. No. 595 (House Bill No. 1027). An Act to amend an Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to change the salary of the mayor and city commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, is hereby amended by striking from section 3, subsection (e) in its entirety and inserting a lieu thereof a new subsection (e) which shall read as follows: (e) Each member of said board of city commissioners shall receive a salary of not exceeding fifteen hundred ($1500.00) dollars per annum, to be fixed by ordinance, payable in monthly installments on the first day of each month. The mayor shall receive a salary of not exceeding eighteen hundred ($1800.00) dollars per annum, to be fixed by ordinance, payable in monthly installments on the first day of each month. Salaries. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 2206
Notice of Local Legislation. Let the public take notice that at the ensuing January 1962 session of the General Assembly of Georgia, there will be introduced for passage a local bill to amend the charter of the City of Albany (Acts 1923, pp. 370-418, approved August 18, 1923), specifically amending sub-section (e) of section 3 of said Act, by increasing the maximum salary of the city commissioners from $600.00 per annum to $1500.00 per annum and the maximum salary of the mayor from $1200.00 per annum to $1,800.00 per annum, both to be fixed by ordinance and payable in monthly installments, as provided in the Acts of 1923. This the 30 day of December, 1961. George D. Busbee Colquitt H. Odom State Representatives of Dougherty County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George D. Busbee, who, on oath, deposes and says that he is Representative from Dougherty County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald, which is the official organ of said county, on the following dates: January 6, 13, and 20, 1962. /s/ George D. Busbee Representative, Dougherty County Sworn to and subscribed before me this 31 day of January, 1962. /s/ Patricia Anne Bowen Notary Public (Seal). Approved February 26, 1962.
Page 2207
CITY OF COLUMBUSBOARD OF MANAGERS OF CITY HOSPITAL. No. 599 (House Bill No. 777). An Act to amend the charter of the City of Columbus, vesting power and authority in the City of Columbus to delegate to the board of managers of the city hospital of the City of Columbus the right to contract for expenditures for capital improvements, such contracts to have the same binding effect as if executed by the City of Columbus through its city commission; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the charter of the City of Columbus, as heretofore amended by section 3 of the Acts of 1940 in Georgia Laws 1915, approved on August 13, 1915, and as otherwise amended, be, and it is further amended by adding to section 3 of the Acts of 1940, Georgia Laws 1915, a new paragraph to read as follows: The City of Columbus shall also be vested with the power and authority to delegate to said board of managers of the city hospital of the City of Columbus the right to contract for expenditures for capital improvements, such contracts to have the same binding effect as if executed by the City of Columbus through its city commission.; so that said section 3 of the Acts of 1940, Georgia Laws 1915, when thus amended, shall read as follows: Sec. 101. SameBoard of managers, powers thereof. Said City of Columbus be invested with power and authority to create a board of managers for said hospital, to whom said city may delegate the management, operation and control thereof; with the right to fix the number of persons composing said board; the qualifications necessary to become members thereof; and the time and manner of the election of said board; and to invest said board of managers with such power and authority respecting the management,
Page 2208
operation and control and regulation of said hospital as said city may by ordinance or resolution, consider proper and appropriate. Powers. The City of Columbus shall also be vested with the power and authority to delegate to said board of managers of the city hospital of the City of Columbus the right to contract for expenditures for capital improvements, such contracts to have the same binding effect as if executed by the City of Columbus through its city commission. Section 2. That all laws or parts of laws in conflict herewith be, and they are, hereby repealed. Section 3. That there is hereto attached, incorporated herein, and made a part hereof, a copy of the notice of intention to apply for the enactment hereof, with the certificate of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of the bill providing for this Act into the General Assembly. Georgia, Muscogee County: Personally appeared before me, the undersigned attesting witness, a notary public in and for Muscogee County, Georgia, M. R. Ashworth, who, on oath deposes and says that he is the publisher of the Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said county are published; and that the foregoing and attached notice was duly published in said newspaper once a week for three weeks, to-wit: On December 29, 1961, January 5, 1962, and January 12, 1962. /s/ M. R. Ashworth Sworn to and subscribed before me, this the 13 day of January, 1962. /s/ Joseph P. Meyer Notary Public, Muscogee County, Georgia. (Seal).
Page 2209
Notice of Intention to Apply for 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, 1962, for passage of a bill entitled as follows: An Act to amend the charter of the City of Columbus, vesting power and authority in the City of Columbus to delegate to the board of managers of the city hospital of the City of Columbus the right to contract for expenditures for capital improvements, such contracts to have the same binding effect as if executed by the City of Columbus through its City Commission. This the 29th day of December, 1961. /s/ Lennie F. Davis City Attorney. Approved February 26, 1962. CITY COURT OF AMERICUSJUDGE'S SALARY. No. 600 (House Bill No. 721). An Act to amend an Act entitled An Act to establish the City Court of Americus, to be located and held in the City of Americus, Georgia, in and for the County of Sumter, etc. approved November 22, 1900 (Ga. L. 1900, p. 93), an Act approved July 24, 1920 (Ga. L. 1920, p. 304), an Act approved January 30, 1951 (Ga. L. 1951, p. 2030), an Act approved February 11, 1957 (Ga. L. 1957, p. 2044), and all Acts amendatory thereof, to provide for a change in the salary of the Judge of the City Court of Americus; 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:
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Section 1. That the Acts of 1957 (Ga. L. 1957, p. 2044-2046, inc.) be and the same is amended by striking in section 1 the following words and figures: six thousand ($6,000.00) dollars per annum, and substituting in lieu thereof the following words and figures: seven thousand ($7,000.00) dollars per annum, so that said section 1 as amended shall read: Section 1. The Judge of the City Court of Americus, Sumter County, Georgia, shall receive the salary of seven thousand ($7,000.00) dollars per annum, and that said salary shall be paid in monthly installments out of the treasury of the County of Sumter by the person or persons charged by law with paying out the money of said county. Section 2. Be it further enacted that the payment of said annual salary shall be in addition to any and all other allowances provided by law. Intent. Section 3. Be it further enacted that this Act shall become effective on the date of its approval by the Governor of the State of Georgia. Effective date. Section 4. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 5. Attached hereto and made a part hereof is a copy of the notice of intention for this Bill, properly certified, as required by law. Legal Notice. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia, January-February session, 1962, for the passage of a local bill, the caption of which is as follows: An Act to amend an Act entitled `An Act to establish the City Court of Americus, to be located and held in the City of Americus, Georgia, in and for the County of Sumter, etc.' approved November 22, 1900 (Ga. L. 1900, p. 93), an Act approved July 24, 1920 (Ga. L. 1920, p. 304), an Act approved January 30,
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1951 (Ga. L. 1951, p. 2030), an Act approved February 11, 1957 (Ga. L. 1957, p. 2044), and all Acts amendatory thereof, to provide for a change in the salary of the Judge of the City Court of Americus; to repeal conflicting laws; and for other purposes. This the 8th day of December, 1961. Hiram K. Undercofler, Thad M. Jones, Representatives, Sumter County, Georgia. Georgia, Sumter County: Personally came before me the undersigned officer authorized by law to administer oaths, James R. Blair, who, after being duly sworn, deposes and says that he is the managing editor of the Americus Times Recorder, a newspaper published and having general circulation in the County of Sumter and State of Georgia and being the newspaper in which the sheriff's advertisements are published and that the attached Notice of Intention to ask for local legislation were published in said newspaper on December 15, 22, 29, 1961. /s/ James R. Blair Editor. Sworn to and subscribed before me this the 2d day of January, 1962. /s/ C. E. Pilcher Notary Public, State of Georgia. (Seal). Legal Notice. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia, January-February session, 1962, for the passage of a local bill, the caption of which is as follows: An Act to amend an Act entitled `An Act to establish the City Court of Americus,
Page 2212
to be located and held in the City of Americus, Georgia, in and for the County of Sumter, etc. approved November 22, 1900 (Ga. L. 1900, p. 93), an Act approved July 24, 1920 (Ga. L. 1920, p. 304), an Act approved January 30, 1951 (Ga. L. 1951, p. 2030), an Act approved February 11, 1957 (Ga. L. 1957, p. 2044), and all Acts amendatory thereof, to provide for a change in the salary of the Judge of the City Court of Americus; to repeal conflicting laws and for other purposes. This the 8th day of December, 1961. Hiram K. Undercofler, Thad M. Jones, Representatives, Sumter County, Georgia. Approved February 26, 1962. CITY COURT OF AMERICUSSOLICITOR'S SALARY. No. 601 (House Bill No. 720). An Act to amend an Act entitled an Act to establish the City Court of Americus, to be located and held in the City of Americus, Georgia, in and for the County of Sumter, etc. approved November 22, 1900 (Ga. L. 1900, p. 93), an Act approved August 14, 1917 (Ga. L. 1917, p. 212), an Act approved January 30, 1951 (Ga. L. 1951, p. 2030), an Act approved February 11, 1957 (Ga. L. 1957, p. 2056), and all Acts amendatory thereof, to provide for a change in the salary of the Solicitor of the City Court of Americus; 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 the Acts of 1957 (Ga. L. 1957, pp. 2056-2059, Incl.) be and the same is hereby amended by striking
Page 2213
in section 1 the following words and figures: thirty-six hundred ($3,600.00) dollars per annum, and substituting in lieu thereof the following words and figures: fifty-four ($5,400.00) dollars per annum so that said section 1 as amended shall read: Section 1. The Solicitor of the City Court of Americus, Georgia shall receive the salary of fifty-four ($5,400.00) dollars per annum, and that said salary shall be paid in monthly installments out of the treasury of the County of Sumter by the person or persons charged by law with paying out money of said county. Salary. Section 2. Be it further enacted that the payment of said annual salary shall be in addition to any and all other allowances provided by law. Intent. Section 3. Be it further enacted that this Act shall become effective on the date of its approval by the Governor of the State of Georgia. Effective date. Section 4. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 5. Attached hereto and made a part hereof is a copy of the notice of intention for this bill, properly certified, as required by law. Legal Notice. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia, January-February session, 1962, for the passage of a local bill, the caption of which is as follows: An Act to amend an Act entitled `An Act to establish the City Court of Americus, to be located and held in the City of Americus, Georgia, in and for the County of Sumter, etc.' approved November 22, 1900 (Ga. L. 1900, p. 93), an Act approved August 14, 1917 (Ga. L. 1917, p. 212), an Act approved January 30, 1951 (Ga. L. 1951, p. 2030), an Act approved February 11, 1957 (Ga. L. 1957, p. 2056), and all Acts amendatory thereof,
Page 2214
to provide for a change in salary of the Solicitor of the City Court of Americus; to repeal conflicting laws; and for other purposes. This is the 8th day of December, 1961. Hiram K. Undercofler, Thad M. Jones, Representatives, Sumter County, Georgia. Georgia, Sumter County: Personally came before me the undersigned officer authorized by law to administer oaths, James R. Blair, who, after being duly sworn, deposes and says that he is the editor of the Americus Times Recorder, a newspaper published and having general circulation in the County of Sumter and State of Georgia and being the newspaper in which the sheriff's advertisements are published and that the attached Notice of Intention to ask for local legislation were published in said newspaper on December 15, 22, 29, 1961. /s/ James R. Blair Editor. Sworn to and subscribed before me this the 2d day of January, 1962. /s/ C. E. Pilcher Notary Public, State at Large. My Commission Expires Feb. 22, 1965. (Seal). Legal Notice. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia, January-February session, 1962, for the passage of a local bill, the caption of which is as follows: An Act to amend an Act entitled `An Act to establish the City Court of Americus, to be located and held in the City of Americus, Georgia, in
Page 2215
and for the County of Sumter, etc.' approved November 22, 1900 (Ga. L. 1900, p. 93), an Act approved August 14, 1917 (Ga. L. 1917, p. 212), an Act approved January 30, 1951 (Ga. L. 1951, p. 2030), an Act approved February 11, 1957 (Ga. L. 1957, p. 2056), and all Acts amendatory thereof, to provide for a change in salary of the Solicitor of the City Court of Americus; to repeal conflicting laws; and for other purposes. This the 8th day of December, 1961. Hiram K. Undercofler, Thad M. Jones, Representatives, Sumter County, Georgia. Approved February 26, 1962. CITY OF CEDARTOWNCORPORATE LIMITS. No. 602 (House Bill No. 966). 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 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 Cedartown approved March 29, 1937 (Ga. L. 1937, p. 1595), as amended, is hereby amendd by adding a new section, to be known as section 1-G, to read as follows: Section 1-G. 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
Page 2216
No. 9, and shall be more particularly described as follows: That certain tract of land particularly described as beginning at a point where the northern boundary of Territory No. 7 of the City of Cedartown is intersected by the East line of the right of way of U. S. Highway No. 27, also known as North Main Street; running thence in a northerly direction along the east line of the right of way of U. S. Highway No. 27 to a point which is one and three-quarters (1[frac34]) miles, as measured in a straight line, from the center of Main Street in said city, where the center of Main Street is intersected by a prolongation eastwardly of the center line of West Avenue in said city, running thence in an easterly direction along the arc of a circle, with each point on said circle being one and three-quarters (1[frac34]) miles from the center of the intersection of Main Street and West Avenue, as above described, to a point on the east line of the right of way of the Central of Georgia Railroad; running thence in a southerly direction along the east line of the right of way of said Central of Georgia Railroad to a point where said right of way line is intersected by the northern boundary of Territory No. 1, of the City of Cedartown; running thence in a westerly direction along the northern boundary of Territory No. 1 of the City of Cedartown to a point on the east line of Hillside Drive, which said point is also the eastern boundary of Territory No. 7 of the City of Cedartown; running thence in a northerly direction along the eastern boundary of Territory No. 7 of the City of Cedartown, to the northeast corner of said Territory No. 7; running thence in a westerly direction along the northern boundary of Territory No. 7 of the City of Cedartown to the point of beginning, on the east line of the right of way of U. S. Highway No. 27. 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 into the General Assembly of Georgia in 1962 to extend the
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corporate limits of the City of Cedartown and for other purposes. /s/ John Harvey Moore Representative of Polk County Georgia, Polk 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 Representatie 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 9, 16 and 23, 1962. /s/ John Harvey Moore, Representative, Polk County. Sworn to and subscribed before me this 24th day of January, 1962. /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 into the General Assembly of Georgia in 1962 to extend the corporate limits of the City of Cedartown; and for other purposes. John Harvey Moore Representative, Polk County. Approved February 26, 1962.
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TRAFFIC COURTS IN COUNTIES HAVING POPULATION OF MORE THAN 300,000 PERSONSSALARIES OF ASSISTANT SOLICITORS. No. 603 (House Bill No. 1199). An Act to amend the Act to create a system of traffic courts, pursuant to the Constitution of Georgia of 1945, for each city of the State having a population of more than 300,000 by the Federal Census of 1950, or by any future Federal census, and for other purposes, approved February 15, 1955 (Acts 1955, pp. 2318 et seq.), so as to provide compensation for assistant solicitors; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. That the Act to create a system of traffic courts described in the caption hereof, as amended, be further amended by adding thereto the following provision: Any assistant solicitor as authorized by the said Act shall receive a salary of not less than $9,500.00 per annum, payable monthly, semi-monthly or bi-weekly, as the governing authorities of such city may authorize. Salaries of assistant solicitors. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 26, 1962. CITY OF ROMECORPORATE LIMITS. No. 604 (House Bill No. 964). An Act to amend the Act approved August 19, 1918 (Ga. L. 1918, pp. 813-885) creating a new charter and municipal government for the City of Rome, as amended, by enlarging the present city boundaries and corporate limits
Page 2219
by the annexation of certain described property adjacent to the present city limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the Act approved August 19, 1918 (Ga. L. 1918, pp. 813-885) creating a new charter and municipal government for the City of Rome and defining the corporate limits thereof, as amended, be and the same is hereby amended by extending and increasing the city limits and corporate limits and boundaries of the City of Rome so as to include and annex the following described property, which is now adjacent to the present city limits and boundaries of the City of Rome, and in the County of Floyd, State of Georgia, to-wit: Tract I: All that tract or parcel of land situated, lying and being in Floyd County, Georgia and being more particularly described as beginning at a point on the east side of Paris Drive at the point where the present southern city limit line of the City of Rome intersects said east line of Paris Drive; thence south and southwesterly along Paris Drive a distance of 460 feet to a point; thence south 18 degrees 04 minutes east a distance of 241.6 feet to a point; thence south 73 degrees 40 minutes west a distance of 17 feet to a point; thence south 16 degrees 20 minutes east a distance of 152.7 feet to a point; thence south 73 degrees 40 minutes west along the northerly line of Beverly Road a distance of 975 feet to a point; thence north 16 degrees 20 minutes west a distance of 150 feet to a point; thence north 73 degrees 40 minutes east a distance of 42 feet to a point; thence north 18 degrees 04 minutes west a distance of 265 feet to the north line of Paris Drive; thence north 71 degrees 56 minutes east, along the north line of Paris Drive, a distance of 580 feet to a point on Paris Drive where the north line of Chester Street intersects the north line of Paris Drive; thence north 81 degrees 30 minutes west, along the northerly line of Chester Street, a distance of 600 feet to the east line of Vista Avenue; thence north 0
Page 2220
degrees 20 minutes east, along the east line of Vista Avenue, a distance of 416 feet to the present southern city limit line of the City of Rome; thence east along the present southern city limit line of the City of Rome a distance of 1295 feet, more or less, to the point of beginning. Tract II. All that tract or parcel of land situated, lying and being in Floyd County, Georgia and being more particularly described as beginning at a point on the north line of the Billy Pyle Road, said point being south 85 degrees 30 minutes west a distance of 92 feet from the southeast corner of land lot No. 158 and the northwest corner of land lot No. 167 in the 4th district and 4th section of Floyd County, Georgia; said point also being on the present southern line of the city limits of the City of Rome; thence westerly along the northerly line of the Billy Pyle Road a distance of 2741 feet to the property of Mr. A. F. Walters; thence north 74 degrees 30 minutes west a distance of 311.7 feet along the northerly line of the A. F. Walters' property; thence south 50 degrees 50 minutes west a distance of 251.8 feet along the northwesterly line of the Walters' property to a point on a woods road or trail; thence northwesterly along said woods road a distance of 1782 feet to the west boundary of the subdivision known as Fernwood, Inc., as surveyed by Hugh Hitchcock on June 10, 1961 and as recorded in the Office of the Clerk of the Superior Court of Floyd County, Georgia; thence south 9 degrees 15 minutes west, along the western boundary of said subdivision, a distance of 655 feet to the southern boundary line of land lot No. 157 in the 4th district and 4th section of Floyd County, Georgia; thence north 89 degrees 0 minutes east a distance of 4539.5 feet, more or less, to the point of beginning. Section 2. The said two tracts of property shall be incorporated within the City of Rome as a part of the ninth ward of said city and upon the effective date of this Act the qualified residents thereof may register and vote in the same manner and under the same conditions as other citizens of the City of Rome, in any and all city election thereafter held, so long as such residents remain qualified under the law and ordinances of said city.
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Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Section 4. The affidavit and notice hereto attached is made a part of this bill, and reference is made thereto. Georgia, Floyd County. Personally appeared before the undersigned officer authorized to administer oaths, came J. Battle Hall, Sidney Lowrey, and Robert L. Scoggin, who, on oath, say that they are members of the General Assembly from Floyd County, Georgia, and are the authors of the local bill to which this affidavit is attached; and that a notice of the intention to apply for the legislation outlined in said bill has been published in the Rome News Tribune, a newspaper in which the sheriff's advertisements for the locality affected by said bill are published, once a week for three weeks during the period of sixty days immediately preceding its introduction into the General Assembly; and that the copy of said notice as published in said paper is hereto attached and made a part of this bill; and that said notice was published as provided by law. This 30 day of January, 1962. /s/ J. Battle Hall Sworn to and subscribed before me, this 30th day of January, 1962. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission expires Oct. 19, 1964. (Seal). Notice of Intention to Ask Legislature. To The People of Rome and Floyd County, Georgia: In the General Assembly of Georgia, for the year 1962, a bill will be introduced to amend the charter of the City of Rome, Georgia, (Ga. L. 1918, pp. 813-885), as amended,
Page 2222
to extend the city limits of Rome, and include within the limits of said city the following property: Tract I. All that tract or parcel of land situated, lying and being in Floyd County, Georgia and being more particularly described as beginning at a point on the east side of Paris Drive at the point where the present southern city limit line of the City of Rome intersects said east line of Paris Drive; thence south and southwesterly along Paris Drive a distance of 460 feet to a point; thence south 18 degrees 04 minutes east a distance of 241.6 feet to a point; thence south 73 degrees 40 minutes west a distance of 17 feet to a point; thence south 16 degrees 20 minutes east a distance of 152.7 feet to a point; thence south 73 degrees 40 minutes west along the northerly line of Beverly Road a distance of 975 feet to a point; thence north 16 degrees 20 minutes west a distance of 150 feet to a point; thence north 73 degrees 40 minutes east a distance of 42 feet to a point; thence north 18 degrees 04 minutes west a distance of 265 feet to the north line of Paris Drive; thence north 71 degrees 56 minutes east, along the north line of Paris Drive, a distance of 580 feet to a point on Paris Drive where the north line of Chester Street intersects the north line of Paris Drive; thence north 81 degrees 30 minutes west, along the northerly line of Chester Street, a distance of 600 feet to the east line of Vista Avenue; thence north 0 degrees 20 minutes east, along the east line of Vista Avenue, a distance of 416 feet to the present southern city limit line of the City of Rome; thence east along the present southern city limit line of the City of Rome; thence east along the present southern city limit line of the City of Rome a distance of 1,295 feet, more or less, to the point of beginning. Tract II. All that tract or parcel of land situated, lying and being in Floyd County, Georgia and being more particularly described as beginning at a point on the north line of the Billy Pyle Road, said point being south 85 degrees 30 minutes west a distance of 92 feet from the southeast corner of land lot No. 158 and the northwest corner of land lot No. 167 in the 4th district and 4th section of
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Floyd County, Georgia: said point also being on the present southern line of the city limits of the City of Rome; thence westerly along the northerly line of the Billy Pyle Road a distance of 2,741 feet to the property of Mr. A. F. Walters; thence north 74 degrees 30 minutes west a distance of 311.7 feet along the northerly line of the A. F. Walter's property; thence south 50 degrees 50 minutes west a distance of 251.8 feet along the northwesterly line of the Walters' property to a point on a woods road or trail; thence northwesterly along said woods road a distance of 1,782 feet to the west boundary of the subdivision known as Fernwood, Inc., as surveyed by Hugh Hitchcock on June 10, 1961 and as recorded in the Office of the Clerk of the Superior Court of Floyd County, Georgia; thence south 9 degrees 15 minutes west, along the western boundary of said subdivision, a distance of 655 feet to the southern boundary line of land lot No. 157 in the 4th district and 4th section of Floyd County, Georgia; thence north 89 degrees 0 minutes east a distance of 4,539.5 feet, more or less, to the point of beginning. The said two tracts of property shall be incorporated within the City of Rome as a part of the 9th Ward of said city. The public is invited to examine a map in the Office of the City Engineer at the City Hall in Rome, Georgia, for a more perfect description of the land above described. This notice is given in compliance with the Constitution of the State of Georgia, as amended in 1945. This 26th day of December, 1961. /s/ J. Battle Hall, /s/ Sidney Lowrey, /s/ Robert L. Scoggin, Floyd County Representatives. Notice of Intention to Ask Legislature. To The People of Rome and Floyd County, Georgia: In the General Assembly of Georgia, for the year 1962,
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a bill will be introduced to amend the Charter of the City of Rome, Georgia, (Ga. L. 1918, pp. 813-885), as amended, to extend the city limits of Rome, and include within the limits of said city the following property: Tract I: All that tract or parcel of land situated, lying and being in Floyd County, Georgia and being more particularly described as beginning at a point on the east side of Paris Drive at the point where the present southern city limit line of the City of Rome intersects said east line of Paris Drive; thence south and southwesterly along Paris Drive a distance of 460 feet to a point; thence south 18 degrees 04 minutes east a distance of 241.6 feet to a point; thence south 73 degrees 40 minutes west a distance of 17 feet to a point; thence south 16 degrees 20 minutes east a distance of 152.7 feet to a point; thence south 73 degrees 40 minutes west along the northerly line of Beverly Road a distance of 975 feet to a point; thence north 16 degrees 20 minutes west a distance of 150 feet to a point; thence north 73 degrees 40 minutes east a distance of 42 feet to a point; thence north 18 degrees 04 minutes west a distance of 265 feet to the north line of Paris Drive; thence north 71 degrees, 56 minutes east, along the north line of Paris Drive, a distance of 580 feet to a point on Paris Drive where the north line of Chester Street intersects the north line of Paris Drive; thence north 81 degrees 30 minutes west, along the northerly line of Chester Street, a distance of 600 feet to the east line of Vista Avenue; thence north 0 degrees 20 minutes east, along the east line of Vista Avenue, a distance of 416 feet to the present southern city limit line of the City of Rome; thence east along the present southern city limit line of the City of Rome a distance of 1295 feet, more or less, to the point of beginning. Tract II: All that tract or parcel of land situated, lying and being in Floyd County, Georgia and being more particularly described as beginning at a point on the north line of the Billy Pyle Road, said point being south 85 degrees 30 minutes west a distance of 92 feet from the southeast corner of land lot No. 158 and the northwest corner of land lot No. 167 in the 4th district and 4th section of Floyd
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County, Georgia; said point also being on the present southern line of the city limits of the City of Rome; thence westerly along the northerly line of the Billy Pyle Road a distance of 2741 feet to the property of Mr. A. F. Walters; thence north 74 degrees 30 minutes west a distance of 311.7 feet along the northerly line of the A. F. Walters' property; thence south 50 degrees 50 minutes west a distance of 251.8 feet along the northwesterly line of the Walters' property to a point on a woods road or trail; thence northwesterly along said woods road a distance of 1782 feet to the west boundary of the subdivision known as Fernwood, Inc., as surveyed by Hugh Hitchcock on June 10, 1961 and as recorded in the Office of the Clerk of the Superior Court of Floyd County, Georgia; thence south 9 degrees 15 minutes west, along the western boundary of said subdivision, a distance of 655 feet to the southern boundary line of land lot No. 157 in the 4th district and 4th section of Floyd County, Georgia; thence north 89 degrees 0 minutes east a distance of 4539.5 feet, more or less, to the point of beginning. The said two tracts of property shall be incorporated within the City of Rome as a part of the 9th Ward of said city. The public is invited to examine a map in the Office of the City Engineer at the City Hall in Rome, Georgia for a more perfect description of the land above described. This notice is given in compliance with the Constitution of the State of Georgia, as amended in 1945. This 26th day of December, 1961. /s/ J. Battle Hall /s/ Sidney Lowrey /s/ Robert L. Scoggin Floyd County Representatives Approved February 26, 1962.
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COMPENSATION OF ORDINARIES IN COUNTIES HAVING POPULATION OF NOT LESS THAN 6,910 AND NOT MORE THAN 6,950 PERSONS. No. 605 (House Bill No. 838). An Act to increase the compensation of the ordinaries in certain counties in Georgia having a population of not less than 6,910 inhabitants and not more than 6,950 inhabitants, according to the 1960 United States census or any subsequent census; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Ordinaries in counties having a population of not less than 6,910 inhabitants and not more than 6,950 inhabitants, according to the 1960 United States census or any subsequent census, shall be paid fifty ($50.00) dollars per month as compensation in addition to the compensation now provided by law. Such compensation shall be paid out of the treasury of said counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1962. TROUP COUNTYENFORCEMENT OF REGULATIONS OF BOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 606 (House Bill No. 819). An Act to amend an Act creating the board of commissioners of roads and revenues for the County of Troup, State of Georgia (Ga. L. 1958, Vol. II, page 6038, et seq.) by adding to the end of section 17 of said Act provisions for penal enforcement of the rules and regulations as may be lawfully promulgated by said board to provide
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for cases to be made on accusation to the proper court, to provide for bond, to provide for trial and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act creating a board of commissioners of roads and revenues for the County of Troup, State of Georgia, as provided in Georgia Laws 1958, Vol. II, page 3068, is hereby amended by adding at the end of section 17 of said Act as shown on page 3077 of the above Act, the following language: And provided further that the board of commissioners of roads and revenues shall have the power to enforce lawful regulations of said board pursuant to the powers granted in section VIII of said Act by accusation as provided in the Acts creating City Court of LaGrange or any Acts amendatory thereto and such cases when made shall be served and processed by the sheriff of Troup County and made returnable to said court in the same manner as misdemeanors are now handled, and provided further that the said city court shall have the power to try such cases when made with reference to any violation of lawful rules or regulations of said board with the right of the defendants in such cases to have commital hearings, to make bond and for trial by jury as in other misdemeanor offenses, so that section 17 when so amended shall read as follows: Section 17. That the board of commissioners of roads and revenues for Troup County, as herein established, shall be a body corporate with full power to sue and be sued, plead and be pleaded, in all matter within their jurisdiction as herein defined; provided, however, that no judgment, order or decree of any court shall have effect against the individual property of any member of said board, but shall constitute a charge against said county, and provided further that the board of commissioners of roads and revenues shall have the power to enforce lawful regulations of said board pursuant to the powers granted in section VIII of said Act by accusation as provided in the Acts creating City Court of LaGrange or any Acts amendatory thereto
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and such cases when made shall be served and processed by the sheriff of Troup County and made returnable to said court in the same manner as misdemeanors are now handled, and provided further that the said city court shall have the power to try such cases when made with reference to any violation of lawful rules or regulations of said board with the right of the defendants in such cases to have committal hearings, to make bond and for trial as in other misdemeanor offenses. Affidavit of Publisher of Newspaper. Georgia, Troup County. Before me personally appeared Phil Buchheit, who being duly sworn, deposes and says that he is the publisher of the LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the sheriff's sales of said County of Troup in said State, and that the above notice of intention to introduce local legislation was published in said newspaper on the following dates: December 22, 29, 1961, January 5, 12, 1962, being four publications of said notice issued on dates aforesaid respectively. /s/ Phil Buchheit Publisher Sworn to and subscribed before me, this 13th day of June, 1962. /s/ Eleanor H. Orr, Notary Public, Troup County. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the General Assembly of Georgia a bill to amend the Act creating the board of commissioners of roads and revnues of Troup County (Ga. L. 1958, Vol. II, p. 3068 et seq.), to provide for regulation of parking, to regulate and supervise
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the use of county buildings and other property, to provide penalties therefor, and for other purposes. Troup County Commissioners. Approved February 26, 1962. MUNICIPAL COURT OF COLUMBUSSALARIES. No. 607 (House Bill No. 751). An Act to amend an Act, approved February 6, 1952, entitled An Act to amend an Act of the General Assembly, approved August 12, 1915, and contained in Georgia Laws 1915, pages 63 to 79, which Act is entitled `An Act to abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace, and to establish and create in lieu thereof a municipal court in and for the City of Columbus, and County of Muscogee, and to define its jurisdiction and powers; to provide for the election of a judge and other officers thereof; to define their powers and duties, and to fix their compensation; to provide for rules of procedure and new trials in said court, and writs of error therefrom, and for other purposes'; and to amend all Acts amendatory thereof; to provide for an increase in the salaries of the judge, clerk and marshal of said court; to provide for an increase in the civil and criminal jurisdiction of said court; to provide for an increase in the costs of said court; to provide for review of judgments, orders and rulings of said court by direct writ of error to the Court of Appeals of Georgia or the Supreme Court of the State of Georgia; to provide a method of appointment of deputy marshals of said court; to provide a method of appointment of deputy clerks of said court; and to repeal all portions and provisions of said original Act and all Acts amendatory thereof which are in conflict with this Act, so that all laws and parts of laws pertaining to said Municipal Court of Columbus will be embodied in this Act, in
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one volume of Acts of the General Assembly; and for other purposes, by changing the salaries specified in sections 10, 11 and 12 therein for the judge, clerk and marshal of said court, and all Acts amendatory of said sections; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Act approved February 6, 1952, (Ga. L. 1952, p. 2184, et seq.), and all Acts amendatory thereof, are hereby amended in the following respects: (A) By amending section 10, and all Acts amendatory thereof, to provide that the salary of the judge of said court shall be $10,000.00 per annum. Judge. (B) By amending section 11, and all Acts amendatory thereof, to provide that the salary of the clerk of said court shall be $7,500.00 per annum. Clerk. (C) By amending section 12, and all Act amendatory thereof to provide that the salary of the marshal of said court shall be $7,000.00 per annum. Marshal. Section 2. The salaries herein provided shall become effective upon approval of this Act. Effective date. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Section 4. Notice of intention to apply for the passage and approval of this bill has been published in the Columbus Ledger, a newspaper in which the sheriff's advertisements of Muscogee County, Georgia, are published, once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly. Attached hereto, and made a part of this Act, is a copy of said notice certified by the publisher of said paper, as provided by law. Notice of Local Legislation. Notice is hereby given that application will be made at
Page $$Word$$
the session of the General Assembly of Georgia, which convenes in January, 1962, for the passage and approval of a bill entitled as follows: An Act to amend an Act, approved February 6, 1952, entitled An Act to amend an Act of the General Assembly, approved August 12, 1915, and contained in Georgia Laws 1915, pages 63 to 79, which Act is entitled An Act to abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace, and to establish and create in lieu thereof a municipal court in and for the City of Columbus, and County of Muscogee, and to define its jurisdiction and powers; to provide for the election of a judge and other officers thereof; to define their powers and duties, and to fix their compensation; to provide for rules of procedure and new trials in said court, and writs of error therefrom, and for other purposes; and to amend all Acts amendatory thereof; to provide for an increase in the salaries of the judge, clerk and marshal of said court; to provide for an increase in the civil and criminal jurisdiction of said court; to provide for an increase in the costs of said court; to provide for review of judgments, orders and rulings of said court by direct writ of error to the Court of Appeals of Georgia or the Supreme Court of the State of Georgia; to provide a method of appointment of deputy marshals of said court; to provide a method of appointment of deputy clerks of said court; and to repeal all portions and provisions of said original Act and all Acts amendatory thereof which are in conflict with this Act, so that all laws and parts of laws pertaining to said Municipal Court of Columbus will be embodied in this Act, in one volume of Acts of the General Assembly; and for other purposes', by changing the salaries specified in sections 10, 11 and 12 therein for the judge, Clerk and marshal of said court, and all Acts amendatory of said sections; to repeal all laws in conflict herewith; and for other purposes. This December 7, 1961. T. Bradford Bagley Claude B. Layfield Jack P. Ramsay
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Georgia, Muscogee County. This is to certify that the foregoing and attached copy of notice of intention to apply for the passage and approval of a local bill has been published as provided by law, once a week for three (3) weeks, to wit, December 7, December 14, and December 21, 1961, in the Columbus Ledger, the newspaper in which the sheriff's advertisements for Muscogee County are published. /s/ M. R. Ashworth Publisher The Columbus Ledger Columbus, Georgia Sworn to and subscribed before me, this 26 day of December, 1961. /s/ Barbara T. Moss, Notary Public, Muscogee County, Georgia. Notice of Local Legislation. Georgia, Muscogee County. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which convenes in January, 1962, for the passage and approval of a bill entitled as follows: An Act to amend an Act, approved February 6, 1952, entitled `An Act to amend an Act of the General Assembly, approved August 12, 1915, and contained in Georgia Laws 1915, pages 63 to 79, which Act is entitled An Act to abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace, and to establish and create in lieu thereof a municipal Court in and for the City of Columbus, and County of Muscogee, and to define its jurisdiction and powers; to provide for the election of a judge and other officers thereof; to define their powers and duties, and to fix their compensation; to provide for rules of procedure and new trials in said court, and writs of error therefrom, and for other purposes; and
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to amend all Acts amendatory thereof; to provide for an increase in the salaries of the judge, clerk and marshal of said court; to provide for an increase in the civil and criminal jurisdiction of said court; to provide for an increase in the costs of said court; to provide for review of judgments, orders and rulings of said court by direct writ of error to the Court of Appeals of Georgia or the Supreme Court of the State of Georgia; to provide a method of appointment of deputy marshals of said court; to provide a method of appointment of deputy clerks of said court; and to repeal all portions and provisions of said original Act and all Acts amendatory thereof which are in conflict with this Act, so that all laws and parts of laws pertaining to said Municipal Court of Columbus will be embodied in this Act, in one volume of Acts of the General Assembly; and for other purposes', by changing the salaries specified in sections 10, 11 and 12 therein for the judge, clerk and marshal of said court, and all Acts amendatory of said sections; to repeal all laws in conflict herewith; and for other purposes. This 7th day of December, 1961. T. Bradford Bagley Claude B. Layfield Jack P. Ramsay Georgia, Muscogee County. This is to certify that the foregoing and attached copy of notice of intention to apply for the passage and approval of a local bill has been published as provided by law, once a week for three (3) weeks, to wit: December 7, December 14, and December 21, 1961, in the Columbus Ledger, the newspaper in which the Sheriff's advertisements for Muscogee County are published. /s/ M. R. Ashworth, Publisher The Columbus Ledger Columbus, Georgia
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Sworn to and subscribed before me, this 26th day of December, 1961. /s/ Barbara T. Moss Notary Public, Muscogee County, Georgia. (Seal). Notice of Local Legislation. Georgia, Muscogee County. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which convenes in January, 1962, for the passage and approval of a bill entitled as follows: An Act to amend an Act, approved February 6, 1952, entitled `An Act to amend an Act of the General Assembly, approved August 12, 1915, and contained in Georgia Laws 1915, pages 63 to 79, which Act is entitled An Act to abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace, and to establish and create in lieu thereof a municipal Court in and for the City of Columbus, and County of Muscogee, and to define its jurisdiction and powers; to provide for the election of a judge, and other officers thereof; to define their powers and duties, and to fix their compensation; to provide for rules of procedure and new trials in said court, and writs of error therefrom, and for other purposes; and to amend all Acts amendatory thereof; to provide for an increase in the salaries of the judge, clerk and marshal of said court; to provide for an increase in the civil and criminal jurisdiction of said court; to provide for an increase in the civil and criminal jurisdiction of said unit; to provide for an increase in the costs of said court; to provide for review of judgments, orders and rulings of said court by direct writ of error to the Court of Appeals of Georgia or the Supreme Court of the State of Georgia; to provide a method of appointment of deputy marshals of said court; to provide a method of appointment of deputy clerks of said court; to provide a method of appointment of deptuy clerks of said court; and to recall all portions and provisions of this Act, so that all laws and parts of laws pertaining
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to said Municipal Court of Columbus will be embodied in this Act, in one volume of Acts of the General Assembly; and for other purposes', by changing the salaries specified in sections 10, 11 and 12 therein for the judge, clerk and marshal of said court, and all Acts amendatory of said sections; to repeal all laws in conflict herewith; and for other purposes. This 7th day of December, 1961. T. Bradford Bagley Claude B. Layfield Jack P. Ramsay Approved February 26, 1962. HARRIS COUNTYCOMPENSATION OF DEPUTY SHERIFFS. No. 608 (House Bill No. 892). An Act to amend an Act placing the sheriff of Harris County on a salary system in lieu of a fee system, approved March 17, 1960 (Ga. L. 1960, p. 2923), so as to change the maximum amount authorized for deputies of the sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Harris County on a salary system in lieu of a fee system, approved March 17, 1960 (Ga. L. 1960, p. 2923), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. The sheriff of Harris County shall be authorized to employ at least two (2) uniformed deputies. The sheriff shall fix the salary of each of said deputies at not to exceed $4,800.00 per annum, to be paid in equal monthly installments out of county funds.
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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 that a bill will be introduced in the General Assembly of Georgia during the regular session which convenes on January 8, 1962 to amend an act placing the sheriff of Harris County on salary approved March 17, 1960, said amendment to provide that the salary of the uniformed deputies shall not exceed $4800.00 per annum. This 3d day of January, 1962. E. Mullins Whisnant, Senator W. B. Steis, Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William B. 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 is the official organ of said county, on the following dates: January 4, 11, and 18, 1962. /s/ William B. Steis Representative, Harris County. Sworn to and subscribed before me, this 24th day of January, 1962. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large My Commission expires March 17, 1964. (Seal). Approved February 26, 1962.
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SUMTER COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 609 (House Bill No. 848). An Act to amend an Act consolidating the offices of the tax receiver and tax collector of Sumter County, into the one office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 744), so as to change the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of the tax receiver and tax collector of Sumter County, into the one office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 744), is hereby amended by striking from section 10, subsection (b) the words and figures three thousand six hundred ($3,600.00) dollars and inserting in lieu thereof the words and figures five thousand four hundred ($5,400.00) dollars so that when so amended section 10, subsection (b) shall read as follows: Sec. 10. (b). Such sum, in addition to that provided in the foregoing paragraph, as might be fixed by the board of commissioners of roads and revenues of Sumter County, Georgia, and which shall be paid by the county of Sumter; provided, however, that the full compensation of said tax commissioner, from all sources, shall not exceed the sum of five thousand four hundred ($5,400.00) dollars per annum. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Sumter. James R. Blair being duly sworn according to law does on oath state that he is the publisher of the Americus Times Recorder, a newspaper of general circulation in Sumter County, Georgia, and that the notice of intention to introduce
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local legislation appearing below was published in the Americus Times Recorder, the paper in which sheriff's advertisements are published, on the dates of December 22, December 29, 1961, and January 5, 1962. /s/ James R. Blair Sworn to and subscribed before me, this 6th day of January, 1962. /s/ Ann W. Sheffield Notary Public. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia a bill to increase the compensation of the tax commissioner of Sumter County, Georgia, and for other purposes, and to repeal laws in conflict therewith. This 20th day of December, 1961. Thad M. Jones, Hiram K. Undercofler, State Representatives of Sumter County Approved February 26, 1962. COMPENSATION OF TAX COLLECTORS AND TAX RECEIVERS IN CERTAIN COUNTIES. No. 610 (House Bill No. 866). An Act to provide for the compensation of the persons holding the offices of tax collector and the persons holding the offices of receiver of tax returns in certain counties; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. The persons holding the offices of tax collector and the persons holding the offices of receiver of tax returns of any county of the State of not less than 4,540 population and not more than 4,550 population, according to the United States census of 1960 or any future Federal census, each shall receive as compensation a percentage of the taxes collected as follows: Compensation, where applicable. First $8,000 8 per cent Over $ 8,000 and not exceeding $17,000 7 per cent Over $17,000 and not exceeding $27,000 6 per cent Over $27,000 and not exceeding $39,000 5 per cent Over $39,000 and not exceeding $53,000 4 per cent Over $53,000 and not exceeding $73,000 3 per cent Over $73,000 2 per cent Provided further that each shall receive 10 per cent of all taxes collected in excess of 80 per cent of the total taxes due, according to the tax net digest. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1962. WHITFIELD COUNTYPROCEDURE FOR REMOVAL OF COMMISSIONER OF ROADS AND REVENUES. No. 611 (House Bill No. 894). An Act to amend an Act to create the office of commissioner of roads and revenues of the County of Whitfield, approved July 27, 1929 (Ga. L. 1929, p. 763), as amended, so as to amend section 26 thereof to provide for notice of action of grand jury and the right to be heard before action taken; by repealing conflicting laws; and for other purposes.
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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 commissioner of roads and revenues of the County of Whitfield, approved July 27, 1929, (Ga. L. 1929, p. 763), as amended, is hereby amended by striking section 26 thereof in its entirety, and by inserting in lieu thereof the following: Section 26. Be it further enacted by the authority aforesaid, that it shall be the duty of the grand jury of said county to inquire into the official acts of said commissioner; and if any grand jury of Whitfield County shall find by a majority vote thereof, that said commissioner has violated any of the terms of this Act, or that he has been wasteful or inefficent, or has wrongfully or fraudulently conducted the affairs of his office, or is not otherwise qualified to manage the affairs of the office, such grand jury so finding may recommend that the grand jury at the next regular term of said superior court declare said office vacant; and if the grand jury at the next regular term shall decide to by majority vote to hear said issue it shall cause to be prepared a bill of particulars specifying the charges against said commissioner; said bill of particulars together with an order which the foreman of said grand jury is hereby authorized to sign; requiring the commissioner of roads and revenues to show cause on a day certain why his office should not be vacated shall be served on the commissioner at least ten days prior to the date set for said hearing; and on the date set for hearing the issues the commissioner of roads and revenues shall appear before the grand jury and shall have the right to have counsel present and the right to present witnesses and cross examine witnesses presented against him; and if after hearing evidence thereon the grand jury by a majority vote concurs in recommendation of the first grand jury, said office of commissioner of roads and revenues shall be declared vacant by the order of the judge of the superior court of said county; thereupon the officer whose duty it is to call special elections shall proceed to call a special election to fill the vacancy in said office. A deposed commissioner shall not have the right to be a candidate in said special election.
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Upon a vacancy being declared as herein provided the ordinary shall discharge the duties of the commissioner until a commissioner is elected and qualified. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given of the intention of the Representatives of Whitfield County, Georgia, to introduce in the General Assembly of Georgia which convenes in January, 1962, a bill amending an Act approved July 27, 1929, creating the office of commissioner of roads and revenue of the County of Whitfield, and acts amendatory thereto, be amended to provide for notice of action of grand jury and the right to be heard before action taken; by repealing conflicting laws; and for other purposes. This notice is given in compliance with Section 2-915 and 47-301, Georgia Code, Annotated. G. J. (Jack) Boyette State Representative Seat No. 1 Whitfield County Virgil T. Smith State Representative Seat No. 2 Whitfield County Erwin Mitchell State Senator 43rd Senatorial District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. J. Boyette Virgil T. Smith, who, on oath, deposes and says that they are Representatives from Whitfield County, and that the attached copy of Notice of Intention to Introduce Local
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Legislation was published in The Dalton Citizen, which is the official organ of said county, on the following dates: Jan. 5, 12, 19, 1962. /s/ G. J. Boyette Representative, Whitfield County. /s/ Virgil T. Smith Representative, Whitfield County. Sworn to and subscribed before me, this 24th day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved February 26, 1962. BANKS COUNTYMEETINGS OF BOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 612 (House Bill No. 905). An Act to amend an Act creating a board of commissioners of roads and revenues for Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, so as to provide a change in the 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 creating a board of commissioners of roads and revenues for Banks County, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, is hereby amended by striking the word first wherever it may appear in section 10 of said Act, and inserting in lieu thereof the word second, so that when so amended said section shall read as follows:
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Sec. 10. Be it further enacted by the authority aforesaid, that said commissioners shall hold regular meetings at the court house in said county on the second Tuesday in each month, and may adjourn from day to day, and may hold called sessions whenever in their opinion public necessity requires it. Second Tuesday. 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 1962 session of the General Assembly of Georgia a bill amending the law creating the board of commissioners of roads and revenues of Banks County, Georgia, to change the monthly meeting day of the board of commissioners of roads and revenues from the first Tuesday in each month to the second Tuesday in each month, and for other purposes. The Commissioners ask for this change so it will be more convenient for paying monthly bills. This, the 3rd day of January, 1962. Grover Simmons, Representative Banks County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Grover Simmons, who, on oath, deposes and says that he is Representative from Banks County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Banks County Journal, which is the official organ of said county, on the following dates: Jan. 4, 11, 18, 1962. /s/ T. Grover Simmons Representative, Banks County.
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Sworn to and subscribed before me, this 22nd day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved February 26, 1962. CITY OF MANCHESTERCITY GOVERNMENT, REFERENDUM. No. 613 (House Bill No. 888). An Act to amend the charter of the City of Manchester; to provide that the governing body of said city shall consist of five commissioners; to provide the time of election of commissioners; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That effective with the regular election to be held on the second Wednesday in January, 1964 the governing authority of the City of Manchester shall consist of five commissioners to be elected at said election. Five commissioners. Section 2. That the quorum of the Board of Commissioners for the City of Manchester shall consist of three of the said commissioners. Quorum. Section 3. That the call for the election to be held on the second Wednesday of January, 1964 shall provide for the qualification of candidates to fill the five offices of commissioner. Qualifications. Section 4. The terms of office of the said commissioners shall be for two years and they shall be elected, qualify and take the oath, all as now provided by the charter of said City of Manchester. Terms, etc.
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Section 5. This Act shall not become effective until the same shall be approved in a referendum election to be held on the fourth Wednesday following the passage and approval of this Act. Such referendum election shall be held under the same rules and regulations governing the election of officers of the City of Manchester, at which election there shall be submitted to the qualified voters of the City of Manchester, the question of approval of this Act. There shall be printed on said ballots the following: (.....) For Charter amendment providing for five Commissioners. (.....) Against Charter amendment providing for five Commissioners. Referendum. Those persons wishing to vote in favor of approval of this Act shall so indicate by making a mark in the block opposite For Charter amendment providing for five Commissioners. Those persons wishing to vote against approval of this Act shall so indicate by making a mark in the block opposite Against Charter amendment providing for five Commissioners. If a majority of the votes cast in such referendum election shall be against approval of this Act then this Act shall be void and of no effect. If a majority of the votes cast in such referendum election shall be in favor of the approval of this Act then the same shall become effective as a part of the Charter of the City of Manchester. The clerk of the City of Manchester shall certify the results of such referendum election to the Secretary of State for filing with the enrolled copy of this Act. Section 6. All laws or parts of laws in conflict herewith be and the same are hereby repealed. State of Georgia, Meriwether County. Personally appeared before me the undersigned attesting officer, Render Hill and Jimmy D. NeSmith who on oath say that they are the Representatives in the General Assembly
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of Georgia from Meriwether County, and the authors of the attached bill, and that the following notice: Legislation to be Sought. Notice is hereby given that legislation will be sought at the January 1962 session of the General Assembly of Georgia to amend the charter of the city of Manchester. Such legislation may be any provision within the power of legislature to enact. was published in the Meriwether Vindicator, the official organ of Meriwether County in which sheriff's advertisements are published, once a week for three weeks within the sixty day period prior to the introduction of the bill to which this affidavit is attached, namely on January 4th, January 11th and January 18th, 1962. /s/ Jimmy D. NeSmith /s/ Render Hill Sworn to and subscribed before me, this 23rd day of January, 1962. /s/ Daniel H. White Notary Public, McIntosh County, Georgia. My Commission expires November 27, 1965. Approved February 26, 1962. SUMTER COUNTYCOMPENSATION OF ORDINARY. No. 614 (House Bill No. 850). An Act to amend an Act entitled An Act to establish the salary of the ordinary of Sumter County, Georgia; to repeal all laws in conflict with the provisions of this Act; and for other purposes., approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2215), so as to change
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the salary of the ordinary of Sumter 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 establish the salary of the ordinary of Sumter County, Georgia; to repeal all laws in conflict with the provisions of this Act; and for other purposes., approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2215), 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 authority aforesaid that the salary of the ordinary of Sumter County, Georgia, shall be six thousand two hundred ($6,200.00) dollars per annum. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Sumter. James R. Blair being duly sworn according to law does on oath state that he is the publisher of the Americus Times Recorder, a newspaper of general circulation in Sumter County, Georgia, and that the notice of intention to introduce local legislation appearing below was published in the Americus Times Recorder, the paper in which sheriff's advertisements are published, on the dates of December 22, December 29, 1961, and January 5, 1962. /s/ James R. Blair Sworn to and subscribed before me, this 6th day of January, 1962. /s/ Ann W. Sheffield My Commission expires November 8, 1962. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at
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the January, 1962 session of the General Assembly of Georgia a bill to increase the compensation of the Ordinary of Sumter County, Georgia, and for other purposes, and to repeal laws in conflict therewith. This 20th day of December, 1961. Thad M. Jones Hiram K. Undercofler State Representatives of Sumter County. Approved February 26, 1962. BARTOW COUNTYCOMPENSATION OF CORONER. No. 615 (House Bill No. 876). An Act to amend an Act to change the compensation of the coroner of Bartow County from the fee system to the salary system, approved March 17, 1960, (Ga. L. 1960, p. 2731), so as to change the compensation of the coroner, 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 change the compensation of the coroner of Bartow County from the fee system to the salary system, approved March 17, 1960 (Ga. L. 1960, p. 2731), is hereby amended by striking from section 1 the words and figures fifty ($50.00) and inserting in lieu thereof the words and figures seventy-five ($75.00), so that when so amended section 1 shall read as follows: Section 1. The compensation of the coroner of Bartow County, which is now based on a fee system, is hereby abolished, and the salary of the coroner of Bartow County shall be seventy-five ($75.00) per month. All fees, commissions, costs and other perquisites collected by the coroner shall be
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the property of Bartow County and once each month shall be turned over to the fiscal authority of said county with a detailed, itemized statement showing the sources from which such fees, commissions, costs and other perquisites were collected. Section 2. The provisions of this Act shall become effective as of the 1st day of the month immediately following passage of this Act and approval by the Governor. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that at the 1962 session of the Georgia General Assembly, legislation will be introduced to change the salary of the coroner of Bartow County, Georgia; and for other purposes. This 3rd day of January, 1962. C. V. Crowe, Jr. Wm. B. Greene Representatives, Bartow County, Georgia 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 Tribune News, which is the official organ of said County, on the following dates: Jan. 4, 1962, Jan. 11, 1962, and January 18, 1962. /s/ Wm. B. Greene, Representative, Bartow County.
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Sworn to and subscribed before me, this 23 day of January, 1962. /s/ Jeanne M. Hill, Notary Public. (Seal). Approved February 26, 1962. CITY OF ASHBURNAUTHORITY TO CLOSE STREET. No. 616 (House Bill No. 955). An Act to amend an Act creating a new charter for the City of Ashburn, Georgia, approved August 26, 1906 (Ga. L. 1906, p. 509), as amended by an Act approved December 2, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2014), so as to authorize the city governing authority to close an unnamed street depicted on the official map of said city as lying between blocks A and D of the Ashburn Heights subdivision of said city, and bounded on the west by the east side of Monnie Street and bounded on the east by a certain branch; to authorize the mayor and councilmen to convey by fee simple deeds the land in said street to the adjoining land-owners upon such terms and restrictions as the mayor and councilmen 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 Ashburn, Georgia, approved August 26, 1906 (Ga. L. 1906, p. 509), as amended by an Act approved December 2, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2014), is hereby amended by adding at the end of section 29 of said Act a sentence to read as follows: The mayor and council is hereby authorized to close that certain unnamed streets depicted on the official map of said
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city as lying between blocks A and D of the Ashburn Heights subdivision of said city, and bounded on the west by the east side of Monnie Street and bounded on the east by a certain branch, and to execute to the adjoining property owners of said street, one-half of the street which is adjacent to the property owners, upon such terms and restrictions as the mayor and council may determine. so that when so amended said section shall read as follows: Sec. 29. Be it further enacted by the authority aforesaid, That mayor and council shall have the power and authority to widen, extend or straighten any street, alley, laneway or square in said city, and to open, lay out and establish any new street, alley, laneway, walk or square, any building, any bridge, laneway, walk or square or whatever nature, same being done in accordance with resolutions or ordinances passed by said city council. After ten days' notice to the party at interest said mayor and city council may cause all encroachments or obstructions of a permanent or temporary nature, or which in the judgment of said mayor and council ought not to be allowed along or upon any street, alley, laneway, walk or square in said city, to be removed. And whenever such encroachments are along or upon such street, alley, lane, walk or square already laid out, then no compensation shall be made for the removal of the same. But whenever said mayor and city council shall exercise the power to widen, extend, or straighten a street, alley, lane, walk or square, and the compensation therefor can not be agreed upon between the said city and the owners of said property, there shall be appointed three arbitrators, one by the mayor and city council, one by the owner of said land, and the other by the arbitrators so chosen, of character and responsibility, who shall assess the damages sustained by the owner or owners of the land over which pass said streets, alleys, lanes, walks and squares, so widened, extended, straightened, opened, laid out or established, from which award an appeal can be taken to the superior court by either party dissatisfied by such award. A majority of the arbitrators can make the award. The submission shall be in writing, and the return shall be filed in the office of the clerk of the superior court
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the appeal can be entered within ten days after the filing of Turner county within ten days after it is made, and of the award. The arbitrators shall be sworn to make a just and true assessment of the damages, considering the value of the land and benefits the owner is to receive from the opening or otherwise changing said street. If the owner of such land refuses to act, or is a minor, or is insane, upon the fact being shown to the ordinary of Turner County, he may appoint the arbitrator for such owner. The award when so filed and not appealed from shall be the judgment of the superior court of Turner County, and execution may at once issue upon the same for the amount thereof, as other executions are issued. In case of appeal as above provided for, the court shall cause to issue as to such to be made up and tried as other appeal cases. The entering of an appeal shall in no case hinder or delay the city in widening, extending, straightening, opening, laying out or establishing such street, alley, lane, walk or square as aforesaid, but the same may proceed from the time the award in such condemnation proceeding is filed in the office of the clerk of the superior court, but before the commencement of the said work, tender shall be made of the amount of the ward. In the event the city of Ashburn is not dissatisfied with said award, it shall pay to the clerk of the superior court the amount so found to be due by said arbitrators. If the city is dissatisfied, and the appeal is entered by it, it shall give bond, with security, for the payment of the amount adjuged to be due by it on the final hearing of said case. Should no appeal be entered within ten days, and the city of Ashburn should fail or refuse to pay the amount of the award, and should proceed with the work, then the clerk shall, upon the application of the owner, or ordinary, when he is authorized to act, issue exception on said award, and proceedings thereon shall be the same as had in cases of judgments and executions in the superior court of Turner County. But the city of Ashburn shall have the right, after said award is filed, to abandon its purpose of widening, extending, straightening, laying out, opening or establishing said street, alley, lane, walk or square, in the event the mayor and city council should consider that the sum found to be due would, in their judgment, make said lands
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so sought to be condemned too expensive to said city. But in such event said city shall pay all costs of said award. The mayor and council is hereby authorized to close that certain unnamed street depicted on the official map of said city as lying between blocks A and D of the Ashburn Heights subdivision of said city, and bounded on the west by the east side of Monnie Street and bounded on the east by a certain branch, and to execute to the adjoining property owners of said street, one-half of the street 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 Intention to Apply for Local Legislation. Georgia, Turner County. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia amending the city charter of the City of Ashburn so as to give the mayor and council of the City of Ashburn the authority to close an unnamed street depicted on the official map of said city as lying between blocks A and D of the Ashburn Heights subdivision of said city, and bounded on the west by the east side of Monnie Street and bounded on the east by a certain branch and also to give the mayor and councilmen 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 councilmen may determine, and for other purposes. /s/ Clyde S. Young, Representative, Turner County. Georgia, Fulton County. Personally appeared before me, the undersigned, authority, duly authorized to administer oaths, Clyde S. Young, who, on oath, deposes and says that he is representative from Turner County, and that the attached copy of Notice
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of Intention to Apply for Local Legislation was published in the Wiregrass Farmer, which is the official organ of said county, on the following dates: December 21, 28, 1961; January 4, 1962. Sworn to and subscribed before me, this the 24th day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Notice of Intent to Apply for Local Legislation. Georgia, Turner County. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia amending the city charter of the City of Ashburn so as to give the mayor and council of the City of Ashburn the authority to close an unnamed street depicted on the official map of said city as lying between blocks A and D of the Ashburn Heights subdivision of said city, and bounded on the west by the east side of Monnie Street and bounded on the east by a certain branch and also to give the mayor and councilmen 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 councilmen may determine, and for other purposes. C. S. Young, Representative, Turner County. Approved February 26, 1962.
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SUMTER COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 618 (House Bill No. 849). An Act to amend an Act creating a board of commissioners of roads and revenues for the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved December 13, 1871 (Ga. L. 1871-72, p. 225), as amended particularly by an Act approved February 14, 1957 (Ga. L. 1957, p. 2086), so as to change the compensation of the chairman and the other commissioners of the board of commissioners of roads and revenues for Sumter 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 counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved December 13, 1871 (Ga. L. 1871-72, p. 225), as amended particularly by an Act approved February 14, 1957 (Ga. L. 1957, p. 2086), is hereby amended by striking from the quoted section 1 in section 1 of the aforesaid amendatory Act of 1957, the words and figure twelve hundred ($1,200.00) and the words and figure six hundred ($600.00), and inserting in lieu thereof the words and figure eighteen hundred ($1,800.00) and the words and figure twelve hundred ($1,200.00), respectively, so that when so amended said quoted section 1 shall reas as follows: Section 1. The chairman of the board of commissioners of roads and revenues for Sumter County, Georgia shall be paid a salary of eighteen hundred ($1,800.00) per annum and each of the other commissioners shall be paid a salary of twelve hundred ($1,200.00) per annum from the treasury of said county for their services as such commissioners of roads and revenues. The salary shall be paid each member in monthly installments. Section 2. An Act entitled An Act to fix and adjust compensation for the members of the board of commissioners
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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. approved April 5, 1961 (Ga. L. 1961, p. 3242) is hereby expressly repealed in its entirety. 1961 Act repealed. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Sumter. James R. Blair being duly sworn according to law does on oath state that he is the publisher of the Americus Times Recorder, a newspaper of general circulation in Sumter County, Georgia and the newspaper in which sheriff's advertisements are published, and that the Notice of Intention to Introduce Local Legislation appearing below was published in the Americus Times Recorder on the dates December 15, December 22, and December 29, 1961. James R. Blair. Sworn to and subscribed before me, this 6th day of January, 1962. /s/ Ann W. Sheffield, Notary Public. My Commission Expires Nov. 8, 1962. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia a bill to increase the compensation of the board of commissioners of roads and revenue of Sumter County, Georgia, and for other purposes, and to repeal laws in conflict therewith.
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This 13th day of December, 1961. Thad M. Jones, Hiram K. Undercofler, State Representatives of Sumter County. Approved February 26, 1962. CLAYTON COUNTYFIRE PREVENTION DISTRICTS. No. 619 (House Bill No. 843). An Act to provide for the establishment of fire prevention districts in Clayton County pursuant to Constitutional provisions relative thereto; to provide that the governing authorities of Clayton County may establish fire prevention districts; to provide definitions; to authorize contracts with municipal corporations; to permit the board of commissioners of roads and revenues to hold an election for a determination as to a tax levy in such districts; to provide the procedure connected therewith; to provide for the borrowing of money for capital investment by the county or fire prevention districts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to a Constitutional amendment relative to the establishment of fire prevention districts in Clayton County (Ga. L. 1960, p. 1206), the governing authorities of the County of Clayton are hereby authorized to establish and administer, within the bounds of the County of Clayton, districts for fire prevention. In establishing such district the governing authority may prescribe such bounds for said district, from time to time, as the governing authorities shall deem advisable. Authority to establish. Section 2. As used in this Act, the term fire prevention may include hydrants, fire stations and the equipment
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thereof, and such fire engines, material, equipment, supplies together with personnel to operate the same, as may be necessary to furnish fire protection in one or more portions of the unincorporated areas of Clayton County. Fire prevention defined. Section 3. If the board of commissioners of roads and revenues of Clayton County shall at any time determine that any areas, districts or sections of said county, not within the corporate limits of any municipality, need the protection and services of a fire prevention system, said Board may enter into one or more contracts with any one or more of the municipalities or cities located wholly or partially therein, or the governing authorities thereof, under which such one or more municipalities may provide whatever protection and services are needed, or may provide for a separate district fire prevention system. The cost for district fire protection shall be borne by the district which is to benefit and shall be paid by a tax levy in that district alone. Such levy shall not be in excess of five (5) mills. Authority to establish, cost. Section 4. If the board of commissioners of roads and revenues of Clayton County shall at any time request such protection and services, the one or more municipalities to which such a request is directed, or the governing authorities thereof, are authorized and empowered, notwithstanding any limitations or provisions of their charters to the contrary, to furnish such protection and services in the unincorporated portion of the county by contract. Contracts with cities. Section 5. In the alternative to section 3 and 4 of this Act the governing authorities may pass a resolution which may contain a description of each proposed fire prevention district. It may then pass an order, directed to the ordinary of Clayton County, to which will be attached a copy of the aforesaid resolution, directing him to issue the call for an election in said district for the purpose of determining whether taxes shall be levied in such districts for fire prevention purposes. Elections. Section 6. Not less than ten days after the receipt of the aforesaid resolution, the ordinary of Clayton County shall issue the call for an election for the purpose of determining
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whether taxes shall be levied in each such fire prevention district for fire prevention purposes. The date of each such election shall be set for a day not less than twenty 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 date thereof in the official organ of Clayton County. The ordinary shall have the duty to compile a list of voters for each fire prevention district established as aforesaid; and only those voters who are duly registered to vote in the general election and whose residence is inside the boundaries of said fire district shall be qualified to vote. Same. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For the levy of taxes not to exceed five mills for fire prevention purposes. Against the levy of taxes not to exceed five mills for fire prevention purposes. If a majority of those persons voting in such election in each district vote for the levy of such taxes, then the governing authorities of Clayton County shall be authorized to levy such taxes in that district. If less than a majority of those persons voting in such election do not vote for the levying of such taxes, then no such taxes shall be levied in that district. The votes in each fire prevention district shall be counted separately, and the votes in each district shall determine whether such taxes be levied in each particular district. Section 7. The ordinary of Clayton County is hereby authorized to employ the necessary help in compiling the aforesaid list of voters for each district and in conducting such election. He shall canvass the returns and declare and certify the results of the election. The expense of such election shall be borne by Clayton County. Same, expense. Section 8. In any fire prevention district which votes for levying such taxes, the governing authorities of Clayton
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County may levy up to five mills on the real 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 fire prevention purposes in the fire prevention district only in which such funds are collected and not in any other fire prevention district of Clayton County. Taxes in fire prevention districts. Section 9. The governing authorities of Clayton County are hereby empowered with the discretion to formulate rules and regulations relative to the establishment and administration of fire prevention districts. Rules, etc. Section 10. The governing authorities of Clayton County are hereby authorized to borrow such sums as are necessary to effectuate the purposes of this Act, to construct and maintain the projects hereinbefore authorized, to execute evidences of indebtedness therefor, and to secure the payment of such indebtedness by the pledge of tax revenues authorized hereunder therefor. Authority to borrow money. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced, at the January, 1962 session of the General Assembly, a bill to provide for the establishment of fire prevention districts in Clayton County; and for other purposes. This 20th day of December, 1961. Edgar Blalock, Wm. J. Lee, Representatives, Clayton County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wm. J. Lee, who,
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on oath, deposes and says that he is Representative from Clayton County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forest Park Free Press Clayton County News and Farmer, which is the official organ of said county on the following dates: Dec. 20, 1961, Dec. 27, 1961 and Jan. 3, 1962. William J. Lee, Representative, Clayton County. Sworn to and subscribed before me, this 22 day of January, 1962. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved February 26, 1962. CITY OF DOUGLASCHARTER AMENDED. No. 620 (House Bill No. 834). An Act to amend an Act creating a new charter for the City of Douglas, approved December 20, 1899 (Ga. L. 1899, p. 177), as amended, particularly by an Act approved August 15, 1923 (Ga. L. 1923, p. 609), so as to change the corporate limits of The City of Douglas, Georgia, and for said charter to provide that the city commission of the City of Douglas, Georgia, may prescribe by ordinance for the issuance of an execution to enforce the collection of any sum due said city for the use of water, electrical current, gas, or other public utility of the city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Douglas, approved December 20, 1899 (Ga. L. 1899, p. 177),
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as amended, particularly by an Act approved August 15, 1923, (Ga. L. 1923, p. 609), is amended by adding section 3B in its entirety which shall read as follows: Section 3B. The corporate limits of the City of Douglas shall include in addition to section 3 and 3A, the territory described in section 3B as follows: All that tract or parcel of land lying and being in original lot of land No. 191 in the sixth land district of Coffee County, Georgia, and more particularly described as follows: Beginning at a point on the east boundary line of North Gaskin Avenue where the north boundary line of the city limits of Douglas, Georgia, intersects the east boundary line of North Gaskin Avenue and thence proceeding north 1 degree east along the east boundary line of North Gaskin Avenue a distance of 282.3 feet; thence north 89 degrees 55 minutes east a distance of 1652.3 feet; thence south 0 degrees 19 minutes east a distance of 1077.3 feet; thence north 87 degrees west a distance of 312.4 feet to the city limits line of the City of Douglas, Georgia; thence in a northerly and northwesterly direction along the north city limits line of the City of Douglas, Georgia, to the point where said city limits line intersects the east boundary line of North Gaskin Avenue and the point of beginning, and being more particularly described on a plat of survey prepared by Louis H. Cook, Civil Engineer, dated November 20, 1958, and recorded in the office of the clerk of the superior court of Coffee County, Georgia. Corporate limits. Section 2. An Act creating a new charter for the City of Douglas, approved December 20, 1899 (Ga. L. 1899, p. 170) as amended, particularly by an Act approved August 15, 1923, (Ga. L. 1923, p. 609), is amended by adding after section IX of a section to be known as section IX (a) which shall read as follows: Section IX (a). Be it further enacted by the authority aforesaid that the mayor and commission of said city shall have the power and may prescribe by ordinance for the issuance of an execution to enforce the collection of any
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sum due said city for the use of water, electrical current, gas, or other public utility of the city. Executions. Section 3. All laws and parts of law in conflict with this Act are hereby repealed. State of Georgia, County of Coffee. Personally appeared before me, the undersigned attesting officer, George J. Williams and Henry R. Milhollin, affiants, who, after being duly sworn depose and say on oath that they are the sponsors of the Bill to which this affidavit is attached, and the above and foregoing notice of intention to introduce local legislation was published in the Coffee County Progress on December 21st and December 28th, 1961, which was the official organ of Coffee County, Georgia, during the year 1961, and was published in the Douglas Enterprise which is the official organ of Coffee County, Georgia, for the year 1962. /s/ Henry R. Milhollin /s/ George J. Williams Sworn to and subscribed before me, this the 22 day of Jan., 1962. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires Oct. 6, 1964. (Seal). State of Georgia, County of Coffee. Personally appeared before the undersigned officer, duly authorized to administer oaths, Thomas Frier and Melvin Waters, who on oath depose and say that they are publishers of the Douglas Enterprise and the Coffee County Progress, respectively, and their newspapers are of general circulation in Coffee County, Georgia, and that the Douglas Enterprise is the official organ of Coffee County,
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Georgia, for the year 1962, and that the Coffee County Progress was the official organ of Coffee County, Georgia, for the year 1961, and that the following Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia, a bill to include within the description of the corporate limits of the City of Douglas, a certain tract of land that the property owners have petitioned the City of Douglas to bring within the corporate limits of the city and to introduce a bill giving the mayor and city commission of the City of Douglas the power to prescribe by ordinance for the issuance of an execution to enforce the collection of any sum due said city for the use of water, electrical current, gas, or other public utility of the city, and for other purposes. This the 19th day of December, 1961. E. R. Smith, Jr., City Attorney Douglas, Georgia. has been published in said Coffee County Progress and said Douglas Enterprise once a week for three (3) weeks, to-wit in the regular issues of December 21st and 28th, 1961, and January 4, 1962. Thomas Frier Melvin Waters Sworn to and subscribed before me, this the 22 day of January, 1962. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved February 26, 1962.
Page 2265
ACT CREATING SMALL CLAIMS COURTS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 18,000 AND NOT MORE THAN 18,100 PERSONS AMENDED. No. 625 (House Bill No. 726). 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 March 7, 1961 (Ga. L. 1961, p. 2298), and as amended particularly by an Act approved February 26, 1959 (Ga. L. 1959, p. 2099), so as to change the provision as to costs; to provide for one or more bailiffs of and for said small claims courts; 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 March 7, 1961 (Ga. L. 1961, p. 2298), and as amended particularly by an Act approved February 26, 1959 (Ga. L. 1959, p. 2099), is hereby amended by striking section 8 in its entirety and in lieu thereof inserting the following: 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 cost of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; but the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty, and replevin by possessory warrant, shall be seven dollars and fifty cents ($7.50); and in other matters (not specifically mentioned herein) the costs shall be the same as provided for justices of the peace; and in claim cases and illegalities, instituted by a third party after levy, the costs shall be five dollars ($5.00), to be taxed in the discretion of the court. 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
Page 2266
unpaid, and likewise to deny a 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 case at his discretion. Costs. Section 2. Said Act is further amended by adding a new section thereto to be known as section 12 A to read as follows: Section 12 A. The judge of such court shall have power to appoint one or more bailiffs of and for said Small Claims Court, to act within and throughout the limits of the county, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said Small Claims Court, with power, also, to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in section 24-804 and give the bond prescribed in section 24-811 of the Code of Georgia, and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this State. Bailiffs. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1962.
Page 2267
GLYNN COUNTYCOMPENSATION OF JUVENILE COURT JUDGE. No. 626 (House Bill No. 852). An Act to amend an Act which increases the salary paid to the Judge of the Juvenile Court of Glynn County, Georgia approved February 26, 1957 (Ga. L. 1957, p. 2224), so as to fix the salary of the Judge of Juvenile Court of Glynn County, Georgia; 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 which increases the salary paid to the Judge of the Juvenile Court of Glynn County, Georgia, approved February 26, 1957 (Ga. L. 1957, p. 2224), is hereby amended by striking section 1 of said Act in its entirety and inserting in lieu thereof the following: Section 1. The salary of the Judge of the Juvenile Court of Glynn County, Georgia, shall be six thousand dollars ($6,000.00) per year. Section 2. Said Act is further amended by striking section 3 in its entirety, and inserting in lieu thereof the following: Section 3. The provisions of this Act shall become effective the 1st day of the month following the passage of this Act. Effective [Illegible Text] Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the 1962 session of the General Assembly of Georgia, which convenes on January 8, 1962, a bill to provide an increase in the salary paid to the Judge of the Juvenile Court of
Page 2268
Glynn County, and providing for the manner of payment thereof. This December 22, 1961. /s/ William R. Killian /s/ Winebert D. Flexer State Representatives, Glynn County, Georgia 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, deposes and says that they are representatives from Glynn County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News, which is the official organ of said county, on the following dates: December 28, 1961, January 1, 1962, and January 8, 1962. /s/ William R. Killian /s/ Winebert Dan Flexer, II Representatives, Glynn County Sworn to and subscribed before me, this 22nd day of January, 1962. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission expires October 19, 1964. Approved February 26, 1962.
Page 2269
MUSCOGEE COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 627 (House Bill No. 749). An Act to amend an Act, approved July 25, 1927, entitled An Act to abolish the offices of tax-receiver and tax-collector of Muscogee County, Georgia; to create the office of county tax-commissioner of Muscogee County, Georgia; to fix the term and compensation of said officer; to provide that the laws of force as to tax-receiver and tax-collector when the provisions of this Act become effective shall be of full force and effect as to the county tax-commissioner so far as the same are applicable; to provide that all taxes due at the time the provisions of this Act become effective and all tax fi. fas. heretofore issued shall have full force and effect and be collectible as issued; to provide that all fees and commissions and other compensation that would be paid to or collected by the tax-receiver and tax-collector, were it not for the provisions of this Act, shall be collected by the county tax-commissioner herein provided for and paid into the treasury of Muscogee County, Georgia; to provide for necessary assistants for said county tax-commissioner and their salaries, and for necessary expenses of said office; to provide for the election of said county tax-commissioner and the method of filling vacancies; to provide for giving bond; to provide for putting into effect the Constitution of this State as contained in Article Eleven, Section three, paragraph one; and for other purposes, and all Acts amendatory thereto, by changing the salary of the county tax-commissioner therein specified; to repeal all Acts in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Act approved February 26, 1957, (Ga. L. 1957, p. 2260), is hereby amended by providing that the salary of the county tax-commissioner of Muscogee County, Georgia, shall be $10,500.00 per annum.
Page 2270
Section 2. The salary hereinabove provided shall become effective upon approval. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Section 4. Notice of intention to apply for the passage and approval of this bill has been published in the Columbus Ledger, a newspaper in which the sheriff's advertisements of Muscogee County, Georgia, are published, once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly. Attached hereto, and made a part of this Act, is a copy of said notice certified to by the publisher of said paper, as provided by law. Notice of Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which will convene n January, 1962, for the passage and approval of a bill entitled as follows: An Act to amend an Act, approved July 25, 1927, entitled: `An Act to abolish the offices of tax-receiver and tax-collector of Muscogee County, Georgia; to create the office of county tax-commissioner of Muscogee County, Georgia; to fix the term and compensation of said officer; to provide that the laws of force as to tax-receiver and tax-collector when the provisions of this Act become effective shall be of full force and effect as to the county tax-commissioner so far as the same are applicable; to provide that all taxes due at the time the provisions of this Act become effective and all tax fi. fas. heretofore issued shall have full force and effect and be collectible as issued; to provide that all fees and commissions and other compensation that would be paid to or collected by the tax-receiver and tax-collector, were it not for the provisions of this Act, shall be collected by the county tax-commissioner herein provided for and paid into the treasury of Muscogee County, Georgia; to provide for necessary assistants for said county tax-commissioner and their salaries, and for the necessary expenses
Page 2271
of said office; to provide for the election of said county tax-commissioner and the method of filling vacancies; to provide for giving bond; to provide for putting into effect the Constitution of this State as contained in Article Eleven, Section three, paragraph one; and for other purposes,' and all Acts amendatory thereto, by changing the salary of the county tax-commissioner therein specified; to repeal all Acts in conflict herewith; and for other purposes. Albert R. Turner Georgia, Muscogee County. This is to certify that the foregoing and attached copy of notice of intention to apply for the passage and approval of a local bill has been published as provided by law, once a week for three (3) weeks, to wit, December 14, December 21, and December 28, 1961, in the Columbus Ledger, the newspaper in which the sheriff's advertisements for Muscogee County are published. /s/ M. R. Ashworth Publisher The Columbus Ledger Columbus, Georgia Sworn to and subscribed before me, this 29th day of December, 1961. /s/ Barbara T. Moss, Notary Public, Muscogee County, Georgia. Notice of Local Legislation. Georgia, Muscogee County. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which will convene in January, 1962, for the passage and approval of a bill entitled as follows: An Act to amend an Act, approved July 25, 1927, entitled: `An Act to abolish the offices of tax-receiver and
Page 2272
tax-collector of Muscogee County, Georgia; to create the office of county tax-commissioner of Muscogee County, Georgia; to fix the term and compensation of said officer; to provide that the laws of force as to tax-receiver and tax-collector when the provisions of this Act become effective shall be of full force and effect as to the county tax-commissioner so far as the same are applicable; to provide that all taxes due at the time the provisions of this Act become effective and all tax fi. fas. heretofore issued shall have full force and effect and be collectible as issued; to provide that all fees and commissions and other compensation that would be paid to or collected by the tax-receiver and tax-collector, were it not for the provisions of this Act, shall be collected by the county tax-commissioner herein provided for and paid into the treasury of Muscogee County, Georgia; to provide for necessary assistants for said county tax-commissioner and their salaries, and for necessary expenses of said office; to provide for the election of said county tax-commissioner and the method of filling vacancies; to provide for giving bond; to provide for putting into effect the Constitution of this State as contained in Article Eleven, Section three, paragraph one; and for other purposes', and all Acts amendatory thereto, by changing the salary of the county tax-commissioner therein specified; to repeal all Acts in conflict herewith; and for other purposes. This December 14, 1961. Albert R. Turner Publish December 14, 21 and 28, 1961. Georgia, Muscogee County. This is to certify that the foregoing and attached copy of notice of intention to apply for the passage and approval of a local bill has been published as provided by law, once a week for three (3) weeks, to wit, December 14, December 21, and December 28, 1961, in the Columbus Ledger, the
Page 2273
newspaper in which the Sheriff's advertisements for Muscogee County are published. /s/ M. R. Ashworth Publisher The Columbus Ledger Columbus, Georgia Sworn to and subscribed before me, this 29 day of December, 1961. /s/ Barbara T. Moss, Notary Public, Muscogee County, Georgia. (Seal). Notice of Local Legislation. Georgia, Muscogee County. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which will convene in January, 1962, for the passage and approval of a bill entitled as follows: An Act to amend an Act, approved July 25, 1927, entitled: `An Act to abolish the offices of tax-receiver and tax-collector of Muscogee County, Georgia; to create the office of county tax-commissioner of Muscogee County, Georgia; to fix the term and compensation of said officer; to provide that the laws of force as to tax-receiver and tax-collector when the provisions of this Act become effective shall be of full force and effect as to the county tax-commissioner so far as the same are applicable; to provide that all taxes due at the time the provisions of this Act become effective and all tax fi. fas. heretofore issued shall have full force and effect and be collectible as issued: to provide that all fees and commissions and other compensation that would be paid to or collected by the tax-receiver and tax-collector, were it not for the provisions of this Act, shall be collected by the county tax-commissioner herein provided for and paid into the treasury of Muscogee County, Georgia; to provide for necessary assistants for said county tax-commissioner and their salaries, and for necessary expenses of said office; to provide for the election of said county
Page 2274
tax-commissioner and the method of filling vacancies; to provide for giving bond; to provide for putting into effect the Constitution of this State as contained in Article Eleven, Section three, paragraph one; and for other purposes', and all Acts amendatory thereto, by changing the salary of the county tax-commissioner therein specified; to repeal all Acts in conflict herewith; and for other purposes. This December 14, 1961. Albert R. Turner Approved February 26, 1962. MUSCOGEE COUNTYCOMPENSATION OF SHERIFF. No. 628 (House Bill No. 748). An Act to amend an Act, approved February 6, 1952 (Ga. L. 1952, p. 2180 et. seq.) entitled An Act to establish the salary of the sheriff of Muscogee County, Georgia, as amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 2266 et seq.), by changing the salary therein specified; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Act approved February 6, 1952 (Ga. L. 1952, p. 2180 et seq.) entitled An Act to establish the salary of the sheriff of Muscogee County, Georgia; as particularly amended by an Act approved February 26, 1957 (Ga. L. 1957, p. 2266 et seq.); is hereby amened by providing that the salary of the sheriff of Muscogee County, Georgia, shall be $10,000.00 per annum, payable in twelve (12) equal monthly installments out of the treasury of Muscogee County.
Page 2275
Section 2. The salary hereinabove provided shall become effective upon the approval of this Act. Section 3. All fees, costs, endorsements, penalties, percentages, forfeitures, allowances, and all other perquisites, monies or emoluments of whatever kind or character now or hereafter allowed by law to be collected by the sheriff shall be received and collected by the sheriff for the sole use of said county and shall be held as public monies belonging to said county and accounted for and paid over to said county on or before the 10th day of each month, at which time a detailed itemized statement shall be made by said officer under oath showing such collections and the sources from which collected; provided, however, that the commissioners of roads and revenues of said county may pay to said sheriff such sums as an allowance for automobile expense as they may in their description provide. Section 4. All laws and parts of laws in conflict herewith ae hereby repealed. Section 5. Notice of intention to apply for the passage of this bill has been published in the Columbus Ledger, a newspaper in which the Sheriff's advertisements of Muscogee County, Georgia, are published, once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly. Attached hereto, and made a part of this Act, is a copy of said notice certified to by the publisher of said paper, as provided by law. Notice of Local Legislation. Georgia, Muscogee County. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which will convene in January, 1962, for the passage and approval of a bill entitled as follows: An Act to amend an Act, approved February 6, 1952, and all Acts amendatory thereof, entitled `An Act to establish the salary of the sheriff of Muscogee County, Georgia,
Page 2276
to repeal all laws in conflict with this Act; and for other purposes,' by changing the salary therein specified; to repeal all laws in conflict herewith; and for other purposes. This December 21, 1961. Jack T. Rutledge Publish the above on December 21, December 28, 1961, and January 4, 1962. Notice of Local Legislation. Georgia, Muscogee County. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which will convene in January, 1962, for the passage and approval of a bill entitled as follows: An Act to amend an Act, approved February 6, 1952, and all Acts amendatory thereof, entitled `An Act to establish the salary of the sheriff of Muscogee County, Georgia, to repeal all laws in conflict with this Act; and for other purposes,' by changing the salary therein specified; to repeal all laws in conflict therewith; and for other purposes. This December 21, 1961. Jack T. Rutledge Georgia, Muscogee County. This is to certify that the foregoing and attached copy of notice of intention to apply for the passage and approval of a local bill has been published as provided by law, once a week for three (3) weeks, to wit, December 21, December 28, 1961, and January 4, 1962, in the Columbus Ledger, the newspaper in which the sheriff's advertisements for Muscogee
Page 2277
County are published. /s/ M. R. Ashworth Publisher The Columbus Ledger Columbus, Georgia Sworn to and subscribed before me, this 5 day of January, 1962. /s/ Barbara T. Moss, Notary Public, Muscogee County, Georgia. Approved February 26, 1962. WARREN COUNTYCOMPENSATION OF COMMISSIONER OF ROADS AND REVENUES AND CLERK. No. 629 (House Bill No. 739). An Act to amend `An Act to amend the Act creating a commissioner of roads and revenues of Warren County, Georgia approved August 7, 1925, (Ga. L. 1925, pp 789 to 797, inclusive), as amended by an Act of the General Assembly approved February 3, 1949, (Ga. L. 1949, pp. 130, 131 and 132), and as amended by an Act of the General Assembly approved February 4, 1953, (Ga. L. pp. 2076, 2077 and 2078),' and as amended by an Act of the General Assembly approved March 7, 1955, (Ga. L. pp. 3305, 3306), as amended by an Act of the General Assembly approved February 26, 1957, (Ga. L. 1957 pp. 2271 and 2274), by striking from the third line of section 5, thereof the figure $3600.00 and inserting the figure $4200.00 and by striking from the fifth line of section 5, thereof, the figure $1000.00 and inserting in lieu thereof, the sum of $1500.00 and by striking from line nine of said section 5, the figure $1200.00 and inserting in lieu, thereof, the figure $1800.00 and for other purposes.
Page 2278
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act to amend the Act creating a commissioner of roads and revenues of Warren County, Georgia, approved August 7, 1925, (Ga. L. 1925, pp. 789 to 797, inclusive), as amended by an Act of the General Assembly approved February 3, 1949, (Ga. L. 1949, pp. 130, 131, and 132) and as amended by an Act of the General Assembly approved February 4, 1953, (Ga. L. pp. 2076, 2077, and 2078), and as amended by an Act of the General Assembly approved March 7, 1955, (Ga. L. pp. 3305, 3306), and as amended by an Act of the General Assembly approved February 26, 1957, (Ga. L. 1957, pp. 2271 to 2274), be and the same is hereby amended by striking from the third line of section 5, thereof, the figure $3600.00 and inserting in lieu thereof, the figure $4200.00, by striking from the fifth line of section 5, thereof, the figure $100.00 and inserting in lieu thereof the sum of $1500.00 and by striking from line nine of said section 5, the figure $1200.00 and inserting in lieu thereof the figure $1800.00, so that said section 5, when so amended, shall read as follows: Section 5. Be it further enacted, by the authority aforesaid, that the annual salary of said commissioner shall be $4200.00 to be paid monthly by warrants on the county treasurer and signed as other warrants, and he shall also be allowed the sum of $1500.00 as expense account for automobile, gasoline, oil, and other county business expenses, to be paid similarly, and he is authorized to pay a clerk out of the county funds a sum not exceeding $1800.00 a year, to be paid monthly by warrants on the county treasurer drawn and signed as other warrants are drawn and signed. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Section 3. Affidavit of the legal advertisement of this local Act is attached hereto and made a part of this Act and reference is made to said affidavit.
Page 2279
Georgia, Warren County. Personally before the undersigned, an officer authorized under the laws of Georgia to administer oaths, appeared Alva L. Haywood, who on oath says that he is owner and publisher of the Warrenton Clipper, which is the official news organ of and published in Warren County, Georgia: Deponent further says on oath that the following notice of intention to introduce a local bill in the present session of the Legislature of Georgia, to-wit: Notice of Intention to Introduce a Local Bill. Notice is hereby given that it is the intention of the undersigned to introduce for passage at the 1962 session of the Georgia Legislature, a local bill entitled as follows: An Act to amend `An Act to amend the Act creating a commissioner of roads and revenues of Warren County, Georgia approved August 7, 1925 (Ga. L. 1925, pp. 789 to 797, inclusive), as amended by an Act of the General Assembly approved February 3, 1949, (Ga. L. 1949, pp. 130, 131 and 132), and as amended by an Act of the General Assembly approved February 4, 1953, (Ga. L. pp. 2076, 2077, and 2078); and as amended by an Act of the General Assembly approved March 7, 1955, (Ga. L. pp. 3305, 3306), as amended by an Act of the General Assembly approved February 26, 1957, (Ga. L. 1957 pp. 2271 and 2274,) by striking from the third line of section 5, thereof the figure $3600.00 and inserting the figure $4200.00 and by striking from the fifth line of section 5, thereof, the figure $1000.00 and inserting in lieu thereof, the sum of $1500.00 and by striking from line nine of said section 5, the figure $1200.00 and inserting in lieu, thereof, the figure $1800.00 and for other purposes. This the 19th day of December, 1961. George P. Langford, Jr. Representative, Warren County, Georgia W. Tom Veazey 19th Senatorial District
Page 2280
was published in said newspaper on the following dates and issues, to-wit: the issue of December 22, 1961, the issue of December 29, 1961, and in the issue of January 5, 1962. /s/ Alva L. Haywood Sworn and subscribed to before me, this the 11 day of January, 1962. /s/ Lena Bowman, Notary Public, Georgia, State at Large. (Seal). Approved February 26, 1962. CITY OF COMMERCECHARTER AMENDED. No. 631 (House Bill No. 1258). An Act to amend an Act incorporating the City of Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, so as to provide that where a sale of any public utility is contemplated, approval of said sale must be given by the residents of said city in a referendum; to strike from section 31 of said Act the following language: ,and provided, further, that the said mayor and council of the City of Commerce shall not have the right to grant licenses to any person or persons or corporations running billard, bagatelle, or pool tables, or other tables of like character, nor licenses to pawnbrokers, within the incorporate limits of said City of Commerce; provided, further, that nothing herein shall prevent the mayor and council from granting licenses for the operation of box ball or bowling alleys within the incorporate limits of said City of Commerce; to provide for the permanent registration of voters; to provide for a permanent qualification book; to provide for a city board of registrars; to define the powers, authority
Page 2281
and duties of said board of registrars; to define the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, is hereby amended by adding thereto a new section to be known as section 1A, to read as follows: Section 1A. Be it enacted by the authority aforesaid, and it is hereby enacted by the same, that whenever the mayor and council of the City of Commerce deem it necessary to sell any of the public utilities which are owned by the City of Commerce, they shall submit the proposal for said sale to the registered and qualified voters of Commerce for their approval or rejection. Said referendum shall be managed as other referendums except that if the sale is to be approved a majority of the registered and qualified voters must vote and a majority of those voting must vote for approval. If the conditions in the foregoing sentence are not met and a majority of the registered and qualified voters vote against said sale, said sale shall not be made. Public utilities. Section 2. Said Act is further amended by striking from section 31 thereof the following language: , and provided, further, that the said mayor and council of the City of Commerce shall not have the right to grant licenses to any person or persons or corporations running billiard, bagatelle, or pool tables, or other tables of like character, nor licenses to pawnbrokers, within the incorporate limits of said City of Commerce; provided, further that nothing herein shall prevent the mayor and council from granting licenses for the operation of box ball or bowling alleys within the incorporate limits of said City of Commerce; Section of charter repealed. so that when so amended said section shall read as follows: Section 31. Be it enacted by the authority aforesaid, that it is hereby enacted by the same, that the mayor and
Page 2282
council of the City of Commerce shall have sole power to grant licenses in said city and to fix the price of such licenses and the terms and regulations on which same may be granted; provided, however, that the mayor and council of the City of Commerce shall never have power to license the sale of spiritous malt, vinous, alcoholic or intoxicating liquors, or beers of any kind in the said City of Commerce. Section 3. Said Act is further amended by striking section 44 in its entirety and inserting in lieu thereof a new section 44 to read as follows: Section 44. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the city clerk of the city council of the City of Commerce shall be required to keep a book to be called the permanent qualification book, upon which all persons desiring to qualify as voters shall be required to qualify as now required by the laws of this State, and especially the laws governing the City of Commerce. Such voters, upon qualification, shall sign their names in alphabetical order, and shall be subject to examination by the city board of registrars, in the manner hereinafter provided. Said permanent qualification book shall be in the custody and possession of the city clerk of the City of Commerce, and shall be available during the office hours of the said city clerk, for any qualified voter or voters who may desire to register at any time. 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 General Assembly and who upon the date of the election, if then a resident, will have resided in said City of Commerce for six months prior thereto, to allow such person to register his or her name and color, recording on such permanent registration book, beside the applicant's name, his or her age and ward in which said citizen lives or resides. Said clerk shall not knowingly permit anyone to register who is not lawfully entitled to do so, and shall in every case, before registering the applicant, administer to him the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months in Jackson County six months, and in the City of Commerce six months, or that by the
Page 2283
date of the next city election, if still a resident of the city, you will have fulfilled these conditions; that it is your intention to remain a resident of the city until the date of the election; that you are eighteen years old. It shall be the duty of the clerk to have written or printed the above oath on the front page of said permanent qualification book, and to require the applicant for registration to swear to said oath, and to sign his name thereto, or by some one authorized to do so for him; that such voters who have qualified and have signed the permanent qualification book shall not thereafter be required to register or further to qualify except as may be required by the city board of registrars, and such voters shall in all cases be entitled to receive the same notice and shall have the same rights as given by law under the provisions of this Act; provided that no person shall remain registered longer than he or she retains the qualification under which he or she registered. Registration of voters. Be it further enacted by the authority aforesaid, That no voter shall be entitled to vote in the general election for mayor and council to be held on the first Wednesday in December, 1963, and biennially thereafter, after the passage of this Act, unless such voter has registered upon said permanent qualification book at least ten days prior thereto. For any primary, intermediate or special election in said City of Commerce for any purpose no voter shall be permitted to vote in any primary, intermediate or special election who has not registered upon said permanent qualification book at least ten days before the primary, special or intermediate elections are held in said city for any purpose. Section 4. Said Act is further amended by inserting therein a new section 45 to read as follows: Section 45. Be it further enacted by the authority aforesaid, That on or before the 20th day of November of each year after the passage of this Act it shall be the duty of the mayor and council of the City of Commerce to appoint three competent persons, who shall be qualified voters of the City of Commerce, who shall constitute the board of city registrars for said City of Commerce. Before entering
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upon his duties, each of the said city registrars shall take the following oath before some officer authorized to administer oaths under the laws of this State, to-wit: You do solemnly swear that you will faithfully and impartially discharge to the best of your ability the duties imposed upon you by law as city registrar for the City of Commerce. Said oath shall be filed with the city clerk on the day following their appointment or as soon thereafter as practicable, it shall be the duty of the city board of registrars to meet at the office of the clerk of the City of Commerce, and at their first meeting they shall elect a chairman of said board, and the city clerk of the City of Commerce shall be ex-officio clerk of said board of city registrars and it shall be the duty of said city clerk to furnish to said board of city registrars from the permanent qualification book, and it shall also be the duty of said city clerk at the same time to furnish to the said board of city registrars, a complete list of all persons who are registered upon said permanent qualification book and it shall be the duty of the said registrars to inspect and examine said list carefully, and if it shall appear to them that any person or persons whose names appear upon said permanent qualification book is not a legally qualified voter of said City of Commerce, it shall be the duty of said registrars to serve notice upon such person that his right to have his or her name remain upon said permanent qualification book is challenged by said board of registrars. Said notice shall be served upon such person or persons who may be challenged, by the city marshal of the City of Commerce in person, at least three days before the time fixed for the hearing before said board of registrars. Said notice shall be prepared in duplicate, and the said city marshal shall make his entry upon the original notice and serve the copy upon such person challenged. Said notice shall be directed to the person challenged, and shall bear the name of the chairman of the board, and shall be signed by the city clerk, and said notice shall state the place and date and hour when said voter will be heard as to his right to have his or her name appear upon said permanent qualification book. Said notice shall state that said board of registrars challenges the right of the name of such person to remain upon said permanent
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qualification book. If such person challenged shall fail to appear at the time and place fixed in the notice, said registrars shall have the right and power to proceed ex parte to determine whether or not said person's name shall remain upon said permanent qualification book, but if such person shall appear, he or she shall have the right to submit evidence and to be heard as to his or her right to have his or her name remain upon said permanent qualification book. The action of said city board of registrars in passing and determining as to whose name shall remain upon said permanent qualification book may be appealed to the city council for final determination, and no person shall be permitted to vote in any general or special election except such voters whose names are certified to by said city board of registrars as being the persons whose names appear upon said permanent qualification book as legally qualified voters of the said City of Commerce. After said city board of registrars have completed their investigation and all hearings as to such voter or voters challenged, it shall be the duty of said city board of registrars to make up and furnish to the city clerk a list of the names of such voters whose names are upon the permanent qualification book, and said city clerk shall, on the morning of any general or special election, before the polls are opened, deliver said certified list received by him from said board of registrars to managers of said election, along with other election papers, and no person shall be permitted to vote at said general or special election whose name does not appear upon said certified list so furnished by said board of registrars. Board of city registrars. For any primary, intermediate, or special election held in said City of Commerce for any purpose, said board of registrars shall meet within ten days before such primary, special or intermediate election, and shall purge said list of the names of any persons whose names appear upon said permanent qualification book, and certifying the same to the city clerk in the same manner as herein provided for purging said list of voters for any general election. In determining as to the names of persons to remain upon said permanent qualification book, it shall be the duty of said city board of registrars to examine the book and
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records of the board of registrars of Jackson County, Georgia, and ascertain if any person or persons whose name appeared upon said permanent qualification book are not qualified to vote for members of the General Assembly of this State. The compensation to be received by said city board of registrars shall be fixed by the mayor and council. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Jackson County. This is to certify that the legal advertisement attached hereto was published in the Jackson Herald, official organ of Jackson County, Georgia, on January 24th, 31st Feb. 7th. /s/ N. S. Hayden, Editor /s/ J. C. Hardy, Publisher Witness this 12th day of February, 1962. /s/ Henry D. Robinson, Notary Public. My Commission expires October 4, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there shall be introduced at the 1962 session of the General Assembly of Georgia a certain bill to alter the charter of the City of Commerce, Georgia, to repeal conflicting laws, and for other purposes. This the 24th day of January, 1962. Mayor and Council City of Commerce, Ga. Approved February 27, 1962.
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ACT PROVIDING FOR STENOGRAPHERS FOR GRAND JURIES OF CERTAIN COUNTIES AMENDED. No. 632 (House Bill No. 842). An Act to amend an Act authorizing a stenographer to be present with the Grand Jury in certain counties, approved March 10, 1959 (Ga. L. 1959, p. 2632), so as to change the population figures in said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing a stenographer to be present with the Grand Jury in certain counties, approved March 10, 1959 (Ga. L. 1959, p. 2632), is hereby amended by striking from the title of said Act the words and figures 22,700 and not more than 23,000 according to the United States Census of 1950, and inserting in lieu thereof the words and figures 46,000 and not more than 47,000 according to the United States Census of 1960, so that when so amended said title shall read as follows: An Act to authorize a stenographer to be present with the grand jury while witnesses are being examined by the grand jury in counties having a population of not less than 46,000 and not more than 47,000 according to the United States Census of 1960 or any future census; to provide for the appointment of such stenographer and to regulate the conduct of such stenographer; to provide the oath to be taken by such stenographer before appearing before the grand jury, and to prohibit such stenographer from testifying in any hearing or trial concerning anything learned or heard by such a stenographer while in attendance on said grand jury; to repeal conflicting laws; and for other purposes. Section 2. Said Act is further amended by striking from section 1 the words and figures 22,700 and not more than 23,000 according to the United States Census of 1950, and inserting in lieu thereof the words and figures 46,000 and not more than 47,000 according to the United States Census
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of 1960, so that when so amended said section 1 shall read as follows: Change in population figures. Section 1. That from and after the passage of this Act a stenographer may be appointed by the solicitor-general in counties having a population of not less than 46,000 and not more than 47,000 according to the United States Census of 1960 or any future census and such stenographer, when so appointed, is hereby authorized to be present and in attendance upon the grand jury of such counties while any witness is being examined by that body provided, however, that before attending such grand jury such stenographer shall take the following oath, to-wit: I do solemnly swear that I will keep secret all things and matters coming to my knowledge while in attendance upon the grand jury. So help me God. However, such stenographer is hereby authorized to take and transcribe the testimony or any part of the testimony of any witness who testifies before the grand jury and to furnish such transcript of testimony to the grand jury or to the solicitor-general only. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962. MUSCOGEE COUNTYCOMPENSATION OF ORDINARY No. 633 (House Bill No. 747). An Act to amend an Act, approved March 7th, 1957, entitled: `An Act to amend Act, approved February 6, 1952, entitled: An Act to establish the salary of the ordinary of Muscogee County, Georgia; to prohibit the ordinary of said county from practicing law; to repeal all laws in conflict with the provisions of this Act; and for other
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purposes, by changing the salary specified therein; to repeal all laws in conflict herewith; and for other purposes'. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. The Act approved February 6, 1952 (Ga. L. 1952, p. 2182, et. seq.) entitled An Act to establish the salary of the ordinary or Muscogee County, Georgia; to prohibit the ordinary of said county from practicing law, to repeal all laws in conflict with the provisions of this Act; and for other purposes, as amended by an Act approved March 7, 1957 (Ga. L. 1957, p. 2767, et seq.) entitled An Act to amend an Act approved February 6, 1952, entitled An Act to establish the salary of the ordinary of Muscogee County, Georgia: to prohibit the ordinary of said county from practicing law; to repeal all laws in conflict with the provisions of this Act; and for other purposes, is hereby amended to provide that the salary of the ordinary of Muscogee County, Georgia, shall be $9,700.00 per annum, payable monthly, as provided in said Act approved February 6, 1952. Section 2. The salary hereinabove provided shall become effective upon the passage and approval of the same by the Governor of the State of Georgia. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Section 4. Notice of intention to apply for the passage of this bill has been published in the Columbus Ledger, a newspaper in which the sheriff's advertisements of Muscogee County, Georgia, are published, once a week, for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly. Attached hereto, and made a part of this Act, is a copy of said notice certified by the publisher of said paper, as provided by law.
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Notice of Local Legislation. State of Georgia, County of Muscogee. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which convenes in January, 1962, for the passage and approval of a bill entitled as follows: An Act to amend an Act, approved March 7, 1957, entitled: `An Act to amend an Act, approved February 6, 1952, entitled: `An Act to establish the salary of the ordinary of Muscogee County, Georgia; to prohibit the ordinary of said county from practicing law; to repeal all laws in conflict with the provisions of this Act; and for other purposes', by changing the salary specified therein; to repeal all laws in conflict herewith; and for other purposes'. This 11th day of December, 1961. /s/ H. H. Hunter, Jr., Ordinary, Muscogee County, Ga. State of Georgia, County of Muscogee. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, M. R. Ashworth, who, being duly sworn, deposes and says on oath that he is the publisher of the Columbus Ledger, the newspaper in which sheriff's advertisements are published in Muscogee County, Georgia, and does hereby certify that the foregoing advertisement of notice of intention to apply for local legislation was published in the Columbus Ledger on the following dates: 13th., 20th., and 27th. of December, 1961. This 5th day of January, 1962. /s/ M. R. Ashworth Sworn to and subscribed before me, this 5th day of January, 1962. /s/ Barbara T. Moss Notary Public, Muscogee County, Georgia. (Seal). Approved February 27, 1962.
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CRIMINAL COURT OF FULTON COUNTYSALARIES AND PENSIONS OF JUDGES AND SOLICITOR. No. 634 (House Bill No. 1230). 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 January 27, 1953, and an Act approved March 6, 1956, and an Act approved February 26, 1957, and other Acts amendatory thereof, so as to adjust and fix the salaries of the judges and the solicitor-general of the Criminal Court of Fulton County and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. The Act establishing the Criminal Court of Atlanta, approved September 6, 1891, and the Act amending said Act approved February 23, 1935, and the Act amending said Act approved March 28, 1935, and as further amended by an Act approved January 27, 1951, and by an Act approved March 6, 1956, and an Act approved February 26, 1957, and other Acts amendatory to said Act establishing the Criminal Court of Atlanta, be and the same is hereby amended by providing as follows: From and after the passage of this Act the annual salaries of the judges and the solicitor-general of said court shall be sixteen thousand eight hundred dollars ($16,800.00) each payable monthly out of the treasury of Fulton County in equal monthly installments beginning as of January 1, 1963. Salaries. Section 1(a). The increased compensation provided by this statute shall not operate to increase the amount of pension payable upon retirement to the officer whose compensation is thus increased. Before such increased compensation shall be due and payable, such officer shall execute
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a written waiver to be prepared by the county attorney in which such officer shall agree that the increased compensation provided herein shall not operate to increase the amount of the pension payable to such officer upon retirement. Pensions. 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 the bill, and it is hereby declared that all the requirements of law relating to the notice of intention to apply for the passage of the 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 22 29 days of December, 1961, and on the 5, 12, 19, 26 days of January, 1962 and Feb. 2, 1962. /s/ Frank Kempton Subscribed and sworn to before me, this 6th day of February, 1962. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission expires October 18, 1963. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the 1962 General Assembly, which convenes on Monday, January 8,
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1962, 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. John I. Kelley Approved February 27, 1962. CITY OF GRIFFINCORPORATE LIMITS. No. 636 (House Bill No. 1030). 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 corporate limits by the annexation of certain described property adjacent to the present city limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. An Act creating the charter of the City of Griffin approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, which Act defined the corporate limits of the City of Griffin, as amended, be and the same is hereby amended by extending and increasing the city limits and corporate limits and boundaries of the City of Griffin so as to include and annex the following described property, which is now adjacent to the present city limits and boundaries of the City of Griffin, Spalding County, Georgia, to-wit: All that lot, tract or parcel of land situate, lying and being in land lots 78, 79, 82 and 83 of the second district of original Monroe, now Spalding County, Georgia, as shown
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in a plat entitled Proposed Addition to the City of Griffin dated November 21, 1961 by Griffin Engineering Manufacturing Company and recorded in plat book 6, pages 145, of Spalding County Superior Court records. Proposed addition may be more particularly described with reference to said plat as beginning at the present city limit line at the intersection of the south margin of a county road known as the Old Mt. Zion Road with the east boundary of land lot 82; thence from said point of beginning westwardly 218 feet, more or less, along the south margin of the Old Mt. Zion Road to the northwest corner of property of R. D. Flournoy; thence south 670.0 feet, maintaining a distance of 200 feet west of and parallel with the west margin of Carver Road; thence southwestwardly 3000 feet, more or less, maintaining a distance of 550 feet north of and parallel with the north right of way line of Georgia State Highway number 16 to a point on the east margin of a county road known as the Pine Hill Road; thence west 660.0 feet; thence south 920.0 feet to a point 200 feet south of the south right of way line of Georgia State Highway number 16; thence north 88 degrees 10 minutes east 400.0 feet; thence south 1 degree 50 minutes east 1150.0 feet; thence north 88 degrees 10 minutes east 200.0 feet to a point on the west margin of a county road known as the Pine Hill Road; thence north 1 degree 50 minutes west 1150.0 feet, more or less, along the west margin of Pine Hill Road to a point 254.0 feet south of and perpendicular with the south right of way line of Georgia State Highway number 16; thence northeastwardly 1585.0 feet, more or less, maintaining a distance of 254.0 feet South of and parallel with the south right of way line of Georgia State Highway number 16 to the southwest corner of property of Fletcher E. and Edna T. Pass; thence north 85 degrees 53 minutes east 346.0 feet to the southeast corner of property of Fred L. Watkins; thence north 65 degrees 44 minutes east 981.0 feet to the southwest corner of property of Bessie S. Graham; thence north 138.3 feet to the northwest corner of property of Bessie S. Graham; thence east 405.0 feet more or less along the north boundary of the Bessie S. Graham property to the east boundary of land lot 82 and the present city limit line; thence north 1630.0 feet, more or less along the east
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boundary of land lot 82 and the present city limit line to the point of beginning. Also: All that lot, tract or parcel of land lying, being and situate in land lot 173 of the second district of original Monroe, now Spalding County, Georgia, as shown on plat of survey entitled Proposed Addition to City of Griffin, dated April 15, 1961, by Griffin Engineering Manufacturing Company and more fully described from said plat as follows: Beginning at the present city limits on the west margin of Hilltop Drive, said point of beginning being the southeast corner of lot 12 in block 7 of Forest Hills subdivision; thence from said point of beginning north 67 degrees 41 minutes west, 259.0 feet along the present city limits to the southwest corner of said lot 12; thence south 22 degrees 19 minutes west, 210.0 feet to the north margin of a Future Street; thence south 67 degrees 41 minutes east 305.0 feet to a point on the west margin of Hilltop Drive; thence south 48 degrees 06 minutes east, 72.0 feet to a point on the east margin of Hilltop Drive and the southwest corner of lot 6 in block 6 of Forest Hills subdivision; thence southeastwardly 308 feet, more or less, along the water edge of a pond to the southeast corner of lot 6 in block 6 of said Forest Hills subdivision; thence north 39 degrees 16 minutes east, 90.8 feet to a point on the present city limits and the east boundary of land lot 173 and being the southwest corner of Glenacres subdivision; thence north 1 degree 19 minutes west, 447.2 feet along the present city limits and east boundary of land lot 173 to the northeast corner of lot 4 in block 6 of Forest Hills subdivision; thence south 88 degrees 41 minutes west 220.0 feet along the present city limits to the east margin of Hilltop Drive and the northwest corner of lot 4 in block 6 of Forest Hills subdivision; thence south 1 degree 19 minutes east 92.0 feet along the present city limits and east margin of Hilltop Drive; thence south 88 degrees 12 minutes west 70.0 feet along the present city limits to a point on the west margin of Hilltop Drive and point of beginning.
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Also: All that lot, tract or parcel of land lying, being and situate in land lots 99 and 126 of the third district of original Henry, now Spalding County, Georgia, as shown on a plat entitled Proposed Addition, to City of Griffin, Beatty Hills subdivision, a copy of which plat is recorded in the office of the clerk of Spalding Superior Court in plat book 6, page 160 and from said plat more fully described as follows: Beginning at the present city limit line on the east margin of Spring Valley Circle, said point of beginning being the northwest corner of lot 22 in block 11 of Beatty Hill subdivision; thence south 71 degrees 26 minutes east, one hundred twenty-eight and three-tenths (128.3) feet along the present city limit line to the northeast corner of lot 22 in block 11 of said subdivision; thence north 21 degrees 39 minutes east, 25.0 feet; thence north 15 degrees 06 minutes east, 502.2 feet to the northeast corner of lot 17 in block 11 in said subdivision; thence south 87 degrees 52 minutes west, 625.7 feet to the northwest corner of lot 11 in block 11 in said subdivision; thence south 2 degrees 08 minutes east, 175.0 feet to a point on the north margin of Spring Valley Circle; thence south 87 degrees 52 minutes west, fifty-three and seven-tenths (53.7) feet along the north margin of Spring Valley Circle; thence south 2 degrees 08 minutes east, 199.4 feet to the present city limit line and the southwest corner of lot 5 in block 12 in said subdivision; thence south 88 degrees 08 minutes east, 187.5 feet along the present city limit line to the northeast corner of lot 11 in block 12 of said subdivision; thence south 0 degrees 24 minutes west, 21.9 feet along the present city limit line to the northwest corner of lot 10 in block 12 of said subdivision; thence south 72 degrees 28 minutes east, 163.9 feet along the present city limits line to a point on the west margin of Spring Valley Circle and the northeast corner of lot 10 in block 12 of said subdivision; thence north 16 degrees 50 minutes east, 23.1 feet along the present city limit line and west margin of Spring Valley Circle; thence south 71 degrees 26 minutes east, 50.0 feet along the present city limit line to a point on the east margin of Spring Valley Circle and the point of beginning. Section 2. Notice of intention to apply for the enactment of this Act was published in the manner required by Article
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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 said 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, 1962 of the General Assembly of Georgia will be made, in order to amend the Charter of the City of Griffin, as amended to extend the corporate limits of said city so as to annex certain areas now outside of said corporate limits. This 4th day of January, 1962. /s/ J. S. Langford, City Manager City of Griffin Notice of Local Legislation. Notice is hereby given that application for the passage of local legislation at the January Session, 1962, of the General Assembly of Georgia will be made, in order to amend the Charter of the City of Griffin, as amended to extend the corporate limits of said city so as to annex certain areas now outside of said corporate limits. This 4th day of January, 1962. J. S. Langford, City Manager City of Griffin Georgia, Spalding County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur K. Bolton and Quimby Melton, Jr., who, on oath, depose and say that
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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: January 5, 12, 19 and 26, 1962. /s/ Arthur K. Bolton, Representative, Spalding County, Georgia /s/ Quimby Melton, Jr., Representative, Spalding County, Georgia Sworn to and subscribed before me, this 30th day of January, 1962. /s/ Patricia Anne Bowen, Notary Public. (Seal). Approved February 27, 1962. MUNICIPAL COURT OF SAVANNAHCOSTS. No. 637 (House Bill No. 1180). An Act to amend an Act creating the Municipal Court of Savannah in the City of Savannah, approved August 13, 1915 (Ga. L. 1915, p. 124), as amended, so as to increase the costs of said court in all criminal and civil proceedings; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Municipal Court of Savannah in the City of Savannah, approved August 13, 1915 (Ga. L. 1915, p. 124), as amended, is hereby amended to provide that after the passage of this Act the costs of the criminal proceedings shall be as follows:
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Issuing criminal warrant $ 2.50 Serving criminal warrant 1.25 Making out commitment .75 Drawing bond in criminal case 3.00 Taking bond in criminal case 1.00 Preliminary hearing 2.50 ..... witnesses summoned at 30 cts. each ..... ..... witnesses summoned at 75 cts. each ..... Issuing search warrant 3.00 For executing search warrant 3.00 Criminal [Illegible Text] Section 2. Said Act is further amended so as to provide that after the passage of this Act the costs of the civil proceedings shall be as follows: Under $100 Under $20 Over $20 Over $100 Filing Fee, Intrastate Pltf. $2.00 $2.00 $4.00 Filing Fee, Interstate Pltf. 2.00 2.00 10.00 Satisfied before or after Judgment 3.00 6.00 10.00 Extra Defendant 2.00 2.00 5.00 Issuing Execution 2.00 4.00 5.00 Pleadings, over $100 .50 Garnishment on Judgment 3.00 6.00 7.00 Garnishment on attachment 5.00 6.00 7.00 Suit on acct. garnishment 5.00 10.00 10.00 Bail in trover 5.00 5.00 8.00 Affidavit bond and attachment 3.00 6.00 8.00 Extra Garnishee 2.00 4.00 5.00 IF SALE Advertising 3.00 3.00 3.00 Commission 7% 7% 7% Georgia Sales Tax 3% 3% 3% Short Order 2.00 2.00 2.00 Distress Warrant 4.00 8.00 10.00 IF SALE, Same as in Affidavit Bond for Attachment Mortgage Foreclosure 3.00 6.00 10.00 Laborer's Lien 3.00 6.00 10.00 Civil cases.
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IF SALE, Same as in Affidavit Bond for Attachment Possessory Warrant 3.00 6.00 8.00 Dispossessory Warrant 3.00 3.00 3.00 Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to File Local Bill. Notice is hereby given that a bill will be introduced in the forthcoming session of the General Assembly of Georgia to amend the Acts creating and establishing the Municipal Court of Savannah to increase the criminal and civil costs of Court. This 5th day of January, 1962. /s/ Stella Akin, Chief Judge Mu- nicipal Court of Savannah. 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 Legislation was published in the Savannah Evening Press, which is the official organ of said county, on the following dates: Jan. 6, 13, 20, 1962. /s/ Ralph L. Crawford, Representative, Chatham County. Sworn to and subscribed before me, this the 6th day of February, 1962. /s/ Patricia Anne Bowen Notary Public, Chatham County, Georgia. Approved February 27, 1962.
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CITY OF THOMASVILLEINSURANCE FOR EMPLOYEES OF BOARD OF EDUCATION. No. 638 (House Bill No. 1070). 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. 1111), March 9, 1945, (Ga. L. 1945, p. 1127), February 9, 1949, (Ga. L. 1949, p. 396) and April 5, 1961, (Ga. L. 1961, Vol. II, p. 3451), so as to authorize the board of education of the City of Thomasville to provide and appropriate money out of the general funds of the said board for the establishment of an employees' hospitalization insurance program, an employees' life insurance program, an employees' accident insurance program, an employees' annuity insurance program, and/or employees' medical insurance program, all or any combination thereof deemed by the board of education of the City of Thomasville to be in the best interest of the city and of all or certain of the city employees; to pay such premiums as are necessary to provide adequate coverage for the employees of the board of education of the City of Thomasville, all as required by that certain act captioned Georgia Workmen's Compensation Act (Ga. L. 1920, p. 167, as amended); and to contract with one or more insurance companies for this purpose, if, in the discretion of the board, it is deemed necessary or desirable in the best interest of the said employees of the board of education of the City of Thomasville; to repeal all laws in conflict herewith; 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,
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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. 1111), March 9, 1945, (Ga. L. 1945, p. 1127), February 9, 1949, (Ga. L. 1949, p. 396) and April 5, 1961, (Ga. L. 1961, Vol. II, p. 3451), is hereby amended by adding to section 6 of that Act, as it now exists, a new and distinct paragraph in order that section 6, as amended, will read as follows: Section 6. Be it further enacted by the authority aforesaid, that the said board of education shall determine, 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. In addition to the above prescribed authority the board of education for the City of Thomasville, or any delegated agent of the same, acting under the direction of said board, shall have full power and authority to provide and appropriate money out of the general funds of the said board for the establishment of an employees' hospitalization insurance program, an employees' life insurance program, an employees' accident insurance program, an employees' annuity insurance program, and/or employees' medical insurance program, all or any combination thereof deemed by the board of education of the City of Thomasville to be in the best interest of the city and of all or certain of the city employees; to pay such premiums as are necessary to provide adequate coverage for the employees of the board of education
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of the City of Thomasville, all as required by that certain act captioned Georgia Workmen's Compensation Act (Ga. L. 1920, page 167, as amended); and to contract with one or more insurance companies for this purpose, if, in the discretion of the board, it is deemed necessary or desirable in the best interest of the said employees of the board of education of the City of Thomasville. 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 given that after publication of this notice once a week for three (3) weeks, and within sixty (60) days hereof, there will be introduced at the regular session of the General Assembly of Georgia which will convene in January, 1962, a local bill to amend an act approved November 30, 1900 (Ga. L. 1900, p. 451 to 455, both inclusive), which act establishes a system of public schools in the City of Thomasville, and all acts amendatory thereto, so as to authorize the board of education of the City of Thomasville to provide and appropriate money out of the general funds of the said board for the establishment of an employees' hospitalization insurance program, an employees' life insurance program, an employees' accident insurance program, an employees' annuity insurance program, and/or employees' medical insurance program, all or any combination thereof deemed by the board of education of the City of Thomasville to be in the best interest of the city and of all or certain of the city employees; to pay such premiums as are necessary to provide adequate coverage for the employees of the board of education of the City of Thomasville, all as required by that certain act captioned Georgia Workmen's Compensation Act (Ga. L. 1920, p. 167, as amended); and to contract with one or more insurance companies for this purpose, if, in the discretion of the board, it is deemed necessary or desirable in the best interest of the said employees of the board of education of the City of Thomasville; to repeal all laws in conflict herewith; and for other purposes.
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This 28th day of December, 1961. Board of Education for the City of Thomasville /s/ By: Charles McDaniel. 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 introduce said local Act; that said notice was published in The Times-Enterprise Weekly Edition on the 29th day of December, 1961, and on the 5th and 12th days of January, 1962; 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 27th day of January, 1962. /s/ B. B. Carle, Jr. Notary Public, Thomas County, Georgia. Approved February 27, 1962. CITY OF MORROWCHARTER AMENDED. No. 641 (House Bill No. 1189). An Act to amend an Act approved March 2, 1943 incorporating the City of Morrow, (Ga. L. 1943, p. 1453 and 1457) and Acts amendatory thereof: to provide for mayor and council and to provide for the city government; to provide for the city to establish and maintain planning and zoning regulations, building codes, electrical codes, heating codes, plumbing codes, regulations and all other codes or
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acts necessary to the building, moving, occupancy and other matters related thereto in said city; to repeal any and all laws in conflict therewith and for other purposes. Be it enacted by the General Assembly of the State of Georgia, it is hereby enacted by the authority of the same: Section 1. Authority to Establish and Maintain a City Police Force. Section 6 of the Act approved on March 2, 1943, pages 1455-1456 is hereby amended by striking this section in its entirety and substituting therefor the following language so that said section shall read as follows: Said mayor and council shall have authority to define offenses against the government of the city; to prescribe penalties and provide for the enforcement of its laws; to employ a police or policemen, or policewomen for said city and fix their salaries, and require them to make bond to the said mayor and council in whatever sum the governing body may deem proper for the faithful performances of their duties. It shall be the duty of the police to enforce the laws of said city, to apprehend violators, and see that they are brought before the appropriate court or courts to answer the violations. Section 2. The governing authority of the City of Morrow is hereby authorized to make, adopt, amend and repeal building, housing, electrical, (except any electrical code applying to the installation, repair or maintenance of electric wires, apparatus, equipment or devices by or for a utility rendering communication services and required by it to be utilized in the rendition of its duly authorized service to the public,) plumbing, heating, gas and other similar codes relating to the construction, livability, sanitation, erection, equipment, alteration, repair, occupancy or removal of buildings and structures located inside of the corporate limits of the City of Morrow. Building codes. Section 3. 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,
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equipment and workmanship; 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. Same. Section 4. Said codes, rules and regulations may be adopted by reference to national or regional codes. Same. Section 5. Said governing authority shall have the authority to appoint building, electrical, plumbing, gas, housing inspectors for said city and such other assistants as the said authority may deem necessary. Inspectors. Section 6. Said governing authority 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 inside the corporate limits of the City of Morrow and may prescribe fees or charges for permits and inspections, which fees shall be fixed and charged by said governing authority and shall be paid to the city clerk 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 City of Morrow shall hold a public hearing thereon, at least fifteen (15) days notice of the time and place of such hearing shall be published in a newspaper of general circulation in said city. Hearings. Section 8. Full compliance with all rules, regulations and requirements set up hereunder shall be a prerequisite to issuance of any permit and failure to secure such permit as is required is hereby declared to be a misdemeanor. Crimes. Section 9. The violation of any of the codes, rules and regulations adopted by said governing authority 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
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thereof shall be punished as provided by law. Each and every day such violation shall continue shall be deemed a separate offense. Same. Section 10. If any portion or provision of this Act is found unconstitutional, such invalidity shall not affect any other portion of this Act. Intent. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Clayton County. Personally appeared before me, the undersigned, a notary public, came J. E. Matthews, Jr., 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. /s/ J. E. Matthews, Jr. Mayor, City of Morrow Sworn to and subscribed before me, this the 6th day of February, 1962. /s/ John R. McCannon, Notary Public. My Commission expires March 17, 1962. (Seal). Notice is Hereby Given of Intention to Apply for Local Legislation. Notice is hereby given that the City of Morrow, County of Clayton, will apply to the session of the General Assembly of Georgia convening in January, 1962 for passage of local legislation to amend an Act.
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An Act to incorporate the City of Morrow, (Ga. L. of 1943, pp. 1453) and all Acts amendatory thereto within the County of Clayton; to provide for mayor and council and to provide for the city government; to define the boundaries of said city; to provide for the city to establish and maintain by contract or otherwise, garbage pick-up and disposal and other sanitary functions in keeping up a healthy community and to make a charge therefore; to provide for a building code, electrical code, heating code, plumbing code, planning and zoning regulations and all other codes or Acts necessary in the building, moving, occupancy and matters related thereto in said City; to repeal any and all laws in conflict herewith and for other purposes. J. E. Matthews, Jr. Mayor, City of Morrow By: John R. McCannon City Attorney for the City of Morrow. Publisher's Affidavit. State of Georgia, County of Clayton. 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 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 17th day of January, 1962 and once a week thereafter for two weeks as provided by law. /s/ M. F. Lee, Assistant Publisher, Forest Park Free Press and Clayton County News Farmer
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Sworn to and subscribed before me, this the 6th day of February, 1962. /s/ John R. McCannon Notary Public, State at Large. My Commission expires March 17, 1962. (Seal). Approved February 27, 1962. CITY OF GAINESVILLECORPORATE LIMITS. No. 642 (House Bill No. 1195). An Act to amend the charter of the City of Gainesville, Georgia, by changing the corporate limits by annexing thereto four (4) parcels of land. 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 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: 1962 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 State route 53 lying between the present city limits of Gainesville, Georgia, and a point 813 feet in a westerly direction. The foregoing tract of land is 100 feet wide and extends from the present city limits to a point 75 feet from the east right of way of Washington Avenue.
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1962 City Limits Extension No. 2 All that tract or parcel of land lying and being in Hall County, Georgia, and shown and described by reference to a plat made on May 2nd and 3rd, recorded in the office of the clerk of the Superior Court of Hall County, Georgia, in plat book 6, pages 147 and 148, being the south one-half of lots 4 and 5, the north one-half of lot 7, lots 6, 31, 32, and portion of lot 5, and more fully described as follows: Beginning at an iron pin on the north-east corner of lot 7 thence S 31 - 15[prime] E 200 feet to a point; thence N 52 10[prime] E 50 feet to a point; thence west 40 feet to a point; thence S 1 30[prime] E 155 feet to a point, said point being the north line of Dorothy Drive; thence in a westerly direction along Dorothy Drive 200 feet to a point; thence N 1 30[prime] W 125 feet to a point; thence east 100 feet to a point; thence in a northwesterly direction to the northwestern corners of lots 4 and 5; thence N 52 10[prime] E 150 feet, more or less, to the point of beginning. 1962 City Limits Extension No. 3 All that tract or parcel of land lying and being in Gainesville District of Hall County, Georgia, and being lot 1 in block C of Twin Lakes subdivision and described as follows: Beginning at the intersection of Hillsdale Road and Crystal Drive; thence northwesterly along the west side of Crystal Drive 180 feet to an iron pin; thence southwesterly along line of lot 4 in block C of said subdivision 127.5 feet to an iron pin; thence southeasterly along line of lot 2 in block C of said subdivision 175 feet to the northside of Hillsdale Road; thence northwesterly along the north side of Hillsdale Road 130 feet to the beginning corner. 1962 City Limits Extension No. 4 All that tract or parcel of land situated, lying and being in the Gainesville District of Hall County, Georgia, and lying west of the main line of the Gainesville Midland Railroad and as more fully shown on a plat of the property of Johnson Johnson, dated September 9, 1959, and recorded in plat book 27, page 12 of the Hall County records and being more fully described as follows: Beginning at the center of Old Clark Road and on the line between the Chicopee Manufacturing
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Corporation and the City of Gainesville Airport property; running thence along the center of Old Clark Road south 54 degrees 05 minutes east 591.4 feet; thence along the Chicopee Manufacturing Corporation property 69 degrees 15 minutes east 650 feet to a concrete monument by the Gainesville Midland Railroad right-of-way; thence along the Gainesville Midland Railroad right-of-way north 20 degrees 00 minutes west 805 feet to a concrete monument at the City of Gainesville property; thence along the City of Gainesville property South 84 degrees 50 minutes West 230 feet to a concrete monument; thence continuing with the City of Gainesville property south 43 degrees 15 minutes west 850 feet to the point of beginning, and containing therein 14.22 acres. 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 four areas shall be kept on file in the office of the Secretary of the State of Georgia. Section 3. 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 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 18th, January 25th, and February 1st, 1962. /s/ W. M. Williams, Representative, Hall County, Georgia.
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Sworn to and subscribed before me, this 7 days of February, 1962. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission expires October 6, 1964. (Seal). Notice of Local Legislation. Notice is hereby given that the City of Gainesville, Georgia, will apply to the General Assembly of Georgia which convened on January 8, 1962, for the passage of local legislation amending the charter of the City of Gainesville by changing the corporate limits so as to annex to the City of Gainesville four parcels of land which have been requested by the owners thereof to be annexed to the city limits. This notice is given to comply with the laws of the State of Georgia with respect to the passage of local legislation. William A. Pratt, Secretary to City Commission, Gainesville, Georgia. Approved February 27, 1962. ROCKDALE COUNTYCOUNTY ADVISORS. No. 643 (House Bill No. 1055). An Act to amend an Act creating the office of commissioner of roads and revenues for the County of Rockdale, approved February 18, 1941 (Ga. L. 1941, p. 952), as amended, so as to change the number of county advisors; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenues for the County of Rockdale, approved
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February 18, 1941 (Ga. L. 1941, 952), as amended, is hereby amended by striking section 3 in its entirety and inserting in lieu thereof the following: Section 3. Six advisors shall be named by the grand jury of Rockdale County after the election of said commissioner to serve terms concurrent with the commissioner so elected. The said advisors shall be appointed by the grand jury as follows: two advisors from Town district (#476); one advisor from Sheffield district (#475); one advisor from Milstead district (1619); one advisor from Honey Creek district (#561); and one advisor from Lorraine district (#1251). Section 2. Said Act is further amended by striking from section 6 the word two and inserting in lieu thereof the word six, so that when so amended Section 6 shall read as follows: Section 6. The commissioner of roads and revenues and his six advisors shall qualify by taking and subscribing before some officer authorized to administer, an oath, for the faithful discharge of the duties to the office to which each is herein appointed or elected. Section 3. Said Act is further amended by striking from section 10 the word two and inserting in lieu thereof the word six, so that when so amended said Act shall read as follows: Section 10. The entire financial affairs of the County of Rockdale shall be under the control of the said commissioner and said commissioner and his six advisors shall meet regularly on the first Tuesday in each month at the county court-house and at said meeting the commissioner shall report to the advisors on the condition of the affairs of said county and on the receipts and expenditures of said county for the preceding month. Said report shall be published monthly by the commissioner in the official newspaper in Rockdale County. 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 it is the intention of the undersigned to introduce at the 1962 session of the General Assembly of Georgia a bill to amend an Act creating the office of commissioner of roads and revenues of the County of Rockdale, approved February 18, 1941 (Ga. L. 1941, p. 952), as amended, so as to change the number of county advisors, to repeal conflicting laws, and for other purposes. This 26th day of December, 1961. Clarence R. Vaughn, Jr. Representative, Rockdale County, Georgia 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 Rockdale County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Rockdale Citizen, which is the official organ of said county, on the following dates: Dec. 28, January 4, January 11, 1962. /s/ Clarence R. Vaughn, Jr. Representative, Rockdale County Sworn to and subscribed before me, this 1st day of February, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved February 27, 1962.
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CITY OF ALBANYRATE OF AD VALOREM TAX. No. 644 (House Bill No. 1029). An Act to amend an Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to change the limit of ad valorem taxes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, is hereby amended by striking from section 27 the words one per cent., and inserting in lieu thereof the words and figures one and one-half (1.5%) per cent., so that when so amended, said section shall read as follows: Sec. 27. Be it further enacted by the authority aforesaid, That in addition to the special school tax authorized by the Act of the General Assembly, approved August 21, 1906, as amended and in addition to that necessary to pay the principal and interest on its bonded indebtedness, said City of Albany shall have the right and power to assess, levy and collect a tax upon all property, both real and personal and choses in action, within the limits of the city not to exceed one and one-half (1.5%) per cent. ad valorem and collect a specific or occupation tax on all businesses, occupations, professions, callings or trades, public or private, exercised within the city, as may be deemed just and proper and upon franchises and income; to fix a license on theatrical exhibitions, circuses and shows of all kinds, and on drays and hacks, hotels, boarding houses, restaurants, fish stands, billiards, pool and other kinds of tables, ten-pin alleys, butcher shops, livery stables, auctioneers, and upon all other classes or kinds of business, whether of like kind or not, legitimately coming within the police power of the city, as may be just and reasonable. The taxing power of said city, except as herein limited, shall be as general, complete and full as that of the State itself; and said taxes, ad valorem, license or occupation, shall constitute
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a lien upon all the property of the taxpayer or person liable and take rank as provided by law for city taxes. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Let the public take notice that at the ensuing January 1962 session of the General Assembly of Georgia, there will be introduced for passage a local bill to amend the charter of the City of Albany, (Acts 1923, pp. 370-416, approved August 18, 1923) by specifically amending section 27 of said Act (p. 406) so as to increase the limit of ad valorem taxes which may be levied by said city, from 1% to 1.5%. This the 30 day of December, 1961. George D. Busbee Colquitt H. Odom State Representatives of Dougherty County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George D. Busbee, who, on oath, deposes and says that he is Representative from Dougherty County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald, which is the official organ of said county, on the following dates: January 6, 13, and 20, 1962. /s/ George D. Busbee, Representative, Dougherty County. Sworn to and subscribed before me, this 31 day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved February 27, 1962.
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CITY OF ATLANTAPUNISHMENT FOR VIOLATIONS OF ORDINANCES. No. 645 (House Bill No. 1198). 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 set forth in the caption to this Act be and the same is hereby further amended as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of 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), as amended, particularly by an Act approved February 10, 1938 (Ga. L. Ex. Sess. 1937-38, p. 930) and codified as section 14.41 of the Charter, Related Laws and Code of General Ordinances of Atlanta, Georgia1953, as follows: Section 14.41 Mayor and Board of Aldermen, etc. The mayor and board of aldermen are authorized to provide by ordinance for the punishment of offenses against the ordinances of the city, on conviction by the municipal judge, for each offense, by imprisonment for not exceeding sixty
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days, by sentence to work on the streets or public works for not exceeding sixty days, or by fine not exceeding five hundred dollars, any or all of said penalties in the discretion of the municipal judge., be and the same is hereby repealed, and in lieu thereof, a new section is enacted and substituted therefor, which shall read as follows: The mayor and board of aldermen are authorized to provide by ordinance for the punishment of offenses against the ordinances of the city, on conviction by the municipal judge, for each offense, by imprisonment for not exceeding six months, by sentence to work on the streets or public works for not exceeding six months, or by fine not exceeding five hundred dollars, any or all of said penalties in the discretion of the municipal judge. 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 1962 session of the General Assembly of Georgia, which convenes on Monday, January 8, 1962, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows:
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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 20th day of December, 1961. J. C. Savage City Attorney City of Atlanta This 7 day of February, 1962. /s/ Ralph McClelland Sworn to and subscribed before me, this the 7th day of February, 1962. /s/ Wilson Brooks, Notary Public, Fulton County, Georgia. Approved February 27, 1962. ELBERT COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 646 (House Bill No. 1256). An Act to amend an Act creating the board of commissioners for the County of Elbert, approved February 27, 1875 (Ga. L. 1875, p. 253), as amended, particularly by an Act approved August 11, 1913 (Ga. L. 1913, p. 385), an Act approved February 1, 1951 (Ga. L. 1951, p. 2199), and an Act approved March 10, 1959 (Ga. L. 1959, p. 2627) so as to provide for a change in the number of commissioner districts and to redefine the number remaining; to provide that the chairman of the board of commissioners shall run as chairman in the election for members of the board; to provide for staggered terms for the members of the board; 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 board of commissioners for the County of Elbert, approved February 27, 1875 (Ga. L. 1875, p. 253), as amended, particularly by an Act approved August 11, 1913, (Ga. L. 1913, p. 385), an Act approved February 1, 1951 (Ga. L. 1951, p. 2199), and an Act approved March 10, 1959 (Ga. L. 1959, p. 2627), is hereby amended by striking from the first sentence of section 1A the word five and inserting in lieu thereof the word four, and by striking wherever they appear the words outside the corporate limits of the City of Elberton, and by striking the sentence in said section 1A which reads, Commissioner District No. 5 shall be composed of that area within the corporate limits of the City of Elberton., so that when so amended said section 1A shall read as follows: Section 1A. For the purpose of electing future members of the board of commissioners of roads and revenues of Elbert County, there is hereby created four commissioner districts in Elbert County, to wit: (All directions are general directions from the center of the City of Elberton). Commissioner District No. 1 shall be composed of that area between State Highway 72 (Southwest) and State Highway 17 (Southeast). Commissioner District No. 2 shall be composed of that area between State Highway 17 (Southeast) and State Highway 72 (East). Commissioner District No. 3 shall be composed of that area between State Highway 72 (East) and State Highway 17 (North). Commissioner District No. 4 shall be composed of that area between State Highway 17 (North) and State Highway 72 (Southwest). The districts herein provided shall be bounded by the highways hereinabove enumerated as they exist on the effective date of this Act. Commissioner districts. Section 2. Said Act, as amended, is further amended by striking section 1B in its entirety and inserting a new section 1B to read as follows: Section 1B. Any other provision of this Act to the contrary notwithstanding, at the expiration of the term of
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the incumbent commissioners, the board of commissioners of roads and revenues for the County of Elbert shall be composed of four members and a chairman. Commissioners. (a) There shall be one commissioner from each of the commissioner districts hereinbefore created. A commissioner must reside in the district which he represents on the board of commissioners. The commissioners shall be elected by a vote of the county at large but each candidate for commissioner shall run as commissioner from the district in which he resides and must specify that he is running for commissioner and not for chairman. The commissioners shall be elected for initial staggered terms at the next general election for county commissioners in 1964, as follows: The commissioners from Districts Nos. 1 and 3 shall be elected for a term of four years and until their successors are elected and qualified. The commissioners from Districts 2 and 4 shall be elected for a term of two years and until their successors are elected and qualified. Successors to these members shall be elected at the same time as members of the General Assembly from Elbert County are elected and shall take office on the first day of January immediately following their election for a term of four years and until their successors are elected and qualified. All future successors shall likewise be elected at the same time as members of the General Assembly are elected from Elbert County and shall likewise take office on the first day of January immediately following their election for a term of four years and until their successors are elected and qualified. Any vacancies shall be filled by appointment of a person to fill said vacancy by the remaining members of the board for the unexpired term. The members of the board shall be compensated in the amount of thirty ($30.00) dollars per month, payable from the funds of Elbert County. (b) The people of Elbert County shall elect in the same general election of 1964 a chairman of the board of commissioners of Elbert County. Said chairman shall be elected by a vote of the county at large and need not be a resident of any one particular district, but must when seeking election
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specify that he is running for chairman. The chairman shall serve for a term of four years and until his successor is elected and qualified. The first chairman elected under these provisions in the election for members of the General Assembly in 1964 shall take office on January 1, 1965. The compensation and the duties of the chairman shall be determined by the board. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce in the 1962 General Assembly of Georgia, a bill to amend the Act creating the Elbert County Board of Commissioners, so as to provide that the office of chairman shall be filled by a person announcing for that office and elected by the people for a four year term, and that members of the board shall announce for membership on the board and shall hold office on the board for staggered terms, and for other purposes. This 23rd day of January, 1962. /s/ Dr. J. H. Miller Representative from Elbert County to the General As- sembly of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dr. J. H. Miller, who, on oath, deposes and says that he is Representative from Elbert County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Elberton Star, which is the official organ of said county, on the following dates: Jan. 23 30, Feb. 6, 1962. /s/ J. H. Miller, Representative, Elbert County.
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Sworn to and subscribed before me, this 8th day of February, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved February 27, 1962. MACON-BIBB COUNTY INDUSTRIAL AUTHORITY. No. 647 (House Bill No. 1049). An Act to create a public body corporate and politic, as an instrumentality of the County of Bibb and City of Macon, and to be known as the Macon-Bibb County Industrial Authority; to provide for its purposes, scope, powers, revenues and limitations, and for the designation of its governing commission; to provide for the tax exemption of its properties, income obligations and interest thereon; to provide for separability of the several provisions of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a public body corporate and politic in the County of Bibb to be known as the Macon-Bibb County Industrial Authority, which shall be an instrumentality of the City of Macon and of the County of Bibb, and which is sometimes hereinafter referred to as The Authority. Created. Section 2. The Authority shall consist of five (5) members as follows: The mayor of the City of Macon (or the chief executive officer of said city if hereafter otherwise titled), The chairman of the county board of commissioners for the County of Bibb (or the chief executive officer of the governing authority of said county if hereafter otherwise titled), the president of the Macon Area Development Commission, Inc., a member to be appointed by the mayor
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or aforesaid chief executive officer of the City of Macon, and a member to be appointed by the chairman or aforesaid chief executive officer of the governing authority of the County of Bibb. In the event the Macon Area Development Commission, Inc. should be dissolved or should cease to effectively function (to be determined in the sole discretion of the other two specifically named members) a member, to serve in lieu of said president, shall be selected by the other two specifically named members. Members, terms, quorum. The terms of office of the designated members and their successors in and through official office shall coincide with their respective terms as heads of the organizations described. The terms of the other members, (two (2) or three (3) in number as the contingency hereinbefore provided may or may not occur), shall be five (5) years, with vacancies in such offices to be filled for the remaining term of office in the same manner and means as herein provided for the appointment of the member succeeded. A majority of the members shall constitute a quorum but only a majority of the members of The Authority may act for The Authority in any matter. No vacancy or vacancies shall impair the power of The Authority to act, provided that three (3) members are in accord with such action. Section 3. The property, income, obligations and the interest on the obligations of The Authority shall have the same immunity from taxation as the property, income, obligations and the interest on the obligations of the County of Bibb or of the City of Macon. Income, etc. tax free. Section 4. The powers of The Authority shall include, but not be limited to, the power: (a) Of public authorities provided by the Revenue Bond Law of Georgia (Ga. Code Chapter 87-8) as it has been or may hereafter be amended, and where the same are additional to or complementary of and not inconsistent with the powers herein expressly enumerated; Powers.
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(b) To receive and administer gifts, grants, loans, appropriations and donations and to administer trusts, and to sell, lease, transfer, convey, appropriate, pledge, mortgage or encumber any and all of its properties and assets; (c) To borrow money, to issue notes, bonds and revenue certificates, to execute trust agreements or indentures, and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; (d) To contract with the State of Georgia, agencies thereof, political subdivisions of the State of Georgia, and agencies thereof, and with private persons and corporations and to sue and be sued in its corporate name; (e) To have and exercise any and all of the usual powers of private and public corporation except such as are inconsistent with this Act, including the power to adopt and alter a corporate seal and to adopt and amend by-laws and regulations for the conduct and management of the Authority; (f) To encourage, induce, assist, promote and develop the location and expansion of industrial and commercial facilities throughout the territorial limits of the County of Bibb so as to relieve, insofar as possible, abnormal unemployment within its boundaries, and to otherwise support and expand the economy thereof; (g) 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; (h) To designate officers to sign and act for the Authority generally or in any specific matter; (i) To do any and al acts and things necessary or convenient to accomplish or to complement the purpose and powers of the Authority as herein stated. Section 5. The Authority shal not be authoried to, nor shall any act thereof, create any debt, obligation or liability
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against the State of Georgia or City of Macon or County of Bibb. Limitation. Section 6. The members of the Authority shall receive no compensation for their services to the Authority. Compensation. Section 7. In order to finance any undertaking within the scope of its power or to refund any bonds then outstanding, the Authority is hereby authorized to issue bonds bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761) as amended, Ga. Code Anno. Supp. Chapter 87-8, as if said obligations had been originally authorized to be issued thereunder; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Nothing herein contained shall be construed to create a right to compel any exercise of the taxing power of Bibb County or of the City of Macon to pay any such bonds or the interest thereon nor to enforce payment thereof against any property of Bibb County or of the City of Macon. Bonds. Section 8. The Authority may authorize additional bonds, and for its purposes, to be placed in escrow and to be negotiated from time to time as proceeds for such purpose may become necessary. Bonds so placed in escrow shall, when sold and delivered, have such standing with the bonds of the same issue as may be provided in the authorizing proceedings. Same. Section 9. No moneys derived by the Authority from
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any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment. Entertainment. Section 10. The governing authorities of the City of Macon and of the County of Bibb are jointly authorized, and from time to time, to prescribe rules, regulations and conditions, not inconsistent with the provisions hereof, for the functioning of the authority. Rules. Section 11. This Act is adopted for the purpose of promoting and expanding for the public good and welfare industry and trade within Bibb County and reducing unemployment to the greatest extent possible, and this law and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of these purposes. Purpose. Section 12. The several provisions of this Act are enacted both separately and together as a corporate whole. If any provision of this Act or the application of any provision to any person, firm, association or corporation, including the City of Macon or the County of Bibb, or in any circumstance shall be declared invalid, the remaining provisions and the application of such provision to other persons, firms, associations or corporations, including the City of Macon and County of Bibb, shall remain unaffected and unimpaired. Intent. Section 13. A copy of notice of intention to apply for this legislation and enactment, and affidavits showing the publication of such notice, as required by law, are attached hereto and made a part hereof, and it is hereby declared that all requirements of law relating to such notice and publication have been complied with for the enactment of this law. Section 14. All laws or parts of laws in conflict herewith are hereby repealed but all laws and constitutional provisions now or hereafter existent and in aid of or complimentary hereto or of the powers herein expressed are expressly adopted and incorporated herein. It is expressly provided
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and enacted that this Act does not supersede or otherwise limit the powers of either the City of Macon or of the County of Bibb that may now or hereafter be provided by law and which relate to the same or similar subjects provided herein. Public Notice. Please take notice of the intention of the undersigned to apply to the General Assembly of Georgia, and at is ensuing session, for passage and approval of legislation and the proposal of constitutional amendment or amendments, either, any or all, whereby a public corporation authority would be created, with its directing personnel appointed and subject to rules and regulations prescribed, from time to time, by the County Commissioners of the County of Bibb and the Mayor and Aldermen of the City of Macon, either or both, for the purposes of industrial inducement and development within the territorial limits of the County of Bibb, with all the powers provided to such public corporations by the Revenue Bond Laws of Georgia, and to which corporation, and for such purposes, the County of Bibb and the City of Macon, either or both, would be empowered to make appropriations of properties, monies, and services, and from such authority to contract services, all as might be determined, from time to time, by the respective governing authorities of the City of Macon or the County of Bibb. Ellsworth Hall, Jr. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Taylor Phillips, Phil Taylor Richard B. Thornton, who, on oath, deposes and says that they are Representatives from Bibb County, and that the attached copy of Notice of Intention to Introduce
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Local Legislation was published in The Macon News, which is the official organ of said county, on the following dates: Dec. 23, 30, 1961, and Jan. 6, 1962. /s/ J. Taylor Phillips, Representative, Bibb County /s/ Phil Taylor, Representative, Bibb County /s/ Richard B. Thornton, Representative, Bibb County Sworn to and subscribed before me, this 30th day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved February 27, 1962. CITY OF MACONCHARTER AMENDED. No. 648 (House Bill No. 1046). 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
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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; to amend section 94 of said Act of 1927, as amended, so as to change the date for making tax returns from February 10th to March 31st of each year and to change the penalty for failure to make a return from a straight 10% of market value to a minimum of 10% of market value or $1.00, whichever is greater; to amend section 95 of said Act of 1927, as amended, so as to change the date of making tax returns from February 10th of each year to March 31st of each year; to amend section 97 of said Act of 1927, as amended, relating to payment of taxes and issuance of executions by striking the same in its entirety and by inserting in lieu thereof a new section 97 relating to the same subject matter; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows: Section 1. An Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 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, be, and the same are hereby further amended as follows: (a) By striking from section 94 of said Act of 1927, as amended, and particularly as amended by an Act approved March 7, 1955, pages 2814 through 2821, both inclusive, of the published Acts of the General Assembly of 1955, the
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following words, figures, signs and symbols, as they appear in the first sentence of said section 94 as restated on pages 2816 and 2817 of the published Acts of the General Assembly for 1955: When any property in the City of Macon has not been returned for taxation by the 10th day of Februray as required by law, it shall be the duty of the board of tax-assessors to assess said property for taxation at its fair market value, adding, as a penalty for failure to make return, ten percent of the market value of said property. and inserting in lieu thereof the following words, figures, signs and symbols: When any property in the City of Macon has not been returned for taxation by the 31st day of March as required by law, it shall be the duty of the board of tax-assessors to assess said property for taxation at its fair market value, adding, as a penalty for failure to make return, ten percent of the market value of said property or $1.00, whichever is greater., so that said section, as amended, shall read as follows: Section 94. Assessment of unreturned property; raising assessment, notice, hearing. When any property in the City of Macon has not been returned for taxation by the 31st day of March as required by law, it shall be the duty of the board of tax-assessors to assess said property for taxation at its fair market value, adding, as a penalty for failure to make return, ten percent of the market value of said property or $1.00, whichever is greater. When any property in the City of Macon has been returned for taxation at a value which, in the opinion of the said board of tax-assessors, is less than its fair market value, it shall be the duty of said board to ascertain the fair market value of said property and to assess it for taxation at said market value. When any assessment is made as herein provided, it shall be the duty of said board, within ten days after the making of said assessment, to give to the owner of such property notice in writing of said assessment. 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. Said notice shall be by mail, not registered, to the last known address of the owner of such property, and no other notice whatsoever
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shall be required. Proof of the mailing of said notice shall be conclusive evidence that said notice has been given as required. The notice in any case shall be considered as given on the day it is mailed. If the owner of any such property fails or refuses to appear either in person or by agent at the time and place designated in said notice, then the assessment as made shall be final. Board of Tax Appeals. Any taxpayer who may, after a hearing by the board, be dissatisfied with the action of said board on any such hearing shall have the right to appeal to the Board of Tax Appeals for the City of Macon, which board is hereby created to consist of three members who shall be the residents of the City of Macon, and shall be owners of real property situated therein. The successors in office of the incumbent members of the board of tax appeals shall be elected at the same election during the year 1955 at which the mayor and council are elected and shall hold office for a period of four years beginning January 1, 1956, and until their successors are in turn elected and qualified at each election for mayor and council held quadrennially thereafter. In the event of the resignation, death, disqualification, or refusal to act of any member of members of said tax appeal board, the vacancy shall be filled by mayor and council by appointment, the appointee to possess the necessary qualifications above set forth, and to serve until his successor shall be elected and qualified at the election for mayor and council held quadrennially thereafter. The compensation to each of the present members of said board shall be $200.00 per annum, which shall not be changed during their present terms. Thereafter the compensation of the members shall be fixed from time to time by the governing authority of the city, but when so fixed shall not be changed during the term of the members to be affected. Appeals to Board of Tax Appeals. The City of Macon, or any taxpayer, may appeal from any return or assessment to said board of tax appeals by filing, under oath, a writing which separately lists each piece of property involved, together with the valuation at which returned by the taxpayer and the valuation at which assessed by the board of tax assessors for the particular year in question. If said taxpayer is represented by an agent or attorney in
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fact a written power of attorney or of agency shall accompany the appeal, in the event such appeal is verified by such agent or attorney in fact. Said appeal must be filed with said board of tax appeals within twenty days from the decision of the board of tax assessors complained of. Said board of tax appeals shall have full and complete power and authority to hear and determine such appeals, and to finally assess the value of the property in question for tax purposes. They shall have power to require the attendance of witnesses and the production of books and papers; and the Mayor and Council of the City of Macon shall be authorized by proper ordinance to punish in the Recorder's Court of the City of Macon any person refusing to so attend and testify or to produce books or papers, when required by the said board of tax appeals. The said board of tax appeals shall have the power to make reasonable rules and regulations concerning the time of hearing such appeals and the method of procedure before them. The mayor and board of aldermen of said city shall prescribe the time when said board shall convene and the time when the appeals to said board from tax-assessments and returns shall be finally determined. If any re-assessments of property are made by the board of tax assessors, the taxpayer and the City of Macon shall have the right to appeal to the board of tax appeals to review such re-assessments, and the action of the board of tax appeals on such appeals shall be final. Such appeals are in lieu of any other appeal. (b) By striking from section 95 of said Act of 1927, as amended, the following language as it appears in the first sentence of said section 95 as the same appears on page 1339 of the published Acts of the General Assembly of 1927: February the tenth and inserting in lieu thereof the following language: March thirty-first, so that said section, as amended, shall read as follows: Section 95. Tax returns, etc. It shall be the duty of every person, firm, or corporation owning real or personal property in said city, subject to taxation, to make returns thereof to said board on or before March thirty-first of each year. All such property shall be returned at its fair market value on a form prescribed by said board, and sworn
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to by the owner, his agent, or person making such return. Each of the members of said board are hereby empowered to administer a legal oath to persons making such tax returns. (c) By striking section 97 of the Act of 1927, as heretofore amended, and by inserting in lieu thereof a new section 97 relating to the same subject matter which shall read as follows: Section 97. Taxeswhen due, etc. The taxes levied annually by the City of Macon, shall be due and payable on the date or dates and in the manner prescribed by the Mayor and Council of the City of Macon. Should the said Mayor and Council make the taxes so levied due and payable in installments and should any of said installments not be paid within fifteen days from the date they become due and payable the City shall, in addition to the principal and cost, collect interest thereon at the rate of seven per cent per annum, until paid. The tax books shall be closed each year on December 20th for the current year. The City Treasurer shall proceed, promptly, and after the first day of January following the year in which the unpaid taxes become due, to issue executions for the purpose of collecting the unpaid taxes as in this charter provided. Section 2. All laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of local legislation at the 1962 session of the General Assembly of Georgia which convenes in January, 1962, to amend the Charter of the City of Macon (Ga. L. 1927, pp. 1283 through 1357 as thereafter amended) in the following respects: 1. To amend section 94 (Section 9-108, City Code 1947 as amended) of the said charter as heretofore amended by changing the final date for making tax returns as contained therein from February 10th to March 21st of each year
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and by changing the penalty for failure to make a return as contained therein from a straight 10% of market value to a minimum of 10% of market value or $1.00, whichever is greater. 2. To amend section 95 (Section 9-109 City Code, 1947 as amended) of the said charter as heretofore amended by extending the period of time in which tax returns may be made by changing the last date on which said returns may be made from February 10th to March 31st of each year. 3. By repealing section 97 (Section 9-111, City Code 1947 as amended) of the said charter as heretofore amended relating to time of payment of taxes, governing installments and providing for executions and re-enacting in lieu thereof a new section to be known as section 37 relating to the same subject matter. This notice is given in compliance with Article III, Section VII, Paragraph XV, (Code Section 2-1915) of the Georgia Constitution of 1945. This 27th day of December, 1961. Buckner F. Melton City Attorney City of Macon Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Richard B. Thornton, J. Taylor Phillips, and Phil Taylor, who, on oath, depose and say that they are Representatives 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
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following dates: December 29, 1961, January 5, 1962, and January 12, 1962. /s/ Richard B. Thornton Representative, Bibb County. /s/ J. Taylor Phillips, Representative, Bibb County. /s/ Phil Taylor, Representative, Bibb County. Sworn to and subscribed before me, this 30th day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved February 27, 1962. CITY OF TIFTONCHARTER AMENDED. No. 649 (House Bill No. 1196). An Act to amend an Act entitled An Act to repeal the present charter of the City of Tifton and provide a new charter for the City of Tifton, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, particularly by an Act approved March 24, 1937 (Ga. L. 1937, p. 2153), and by an Act approved February 18, 1955 (Ga. L. 1955, p. 2344), so as to provide for a change in the territorial limits of the wards; to provide for approval by the city commission for purchase or sale of city equipment; to provide that the bond required of the city manager be not less than $20,000 dollars; to provide that the city manager make certain reports to the city commission; to provide for time of registration to vote; to provide for qualifications of voters; to provide the time that the
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registrars shall complete their lists; 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 repeal the present charter of the City of Tifton and provide a new charter for the City of Tifton, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, particularly by an Act approved March 24, 1937 (Ga. L. 1937, p. 2153), and by an Act approved February 18, 1955 (Ga. L. 1955, p. 2344), is hereby amended by striking section 2a in its entirety and inserting in lieu thereof a new section to read as follows: Section 2a. That the City of Tifton be, and the same is hereby, divided geographically into four wards so that: Ward No. 1 shall be, and is, that portion of the city north of the center line of Tenth Street (a portion of which is unopened as of this time) and east of the center line of Central Avenue; Ward No. 2 shall be, and is, that portion of the city south of the center line of Tenth Street (a portion of which is unopened as of this time) and east of the center line of Central Avenue; Ward No. 3 shall be, and is, that portion of the city south of the center line of Tenth Street, west of the center line of Central Avenue and northeast of the main line of the Georgia Southern and Florida Railroad; and, also, that portion of the city south of the center line of Eighth Street, southwest of the main line of the Georgia Southern and Florida Railroad and west of the center line of Central Avenue; Ward No. 4 shall be, and is, that portion of the city west of the center line of Central Avenue, north of the center line of Tenth Street and northeast of the main line of the Georgia Southern and Florida Railroad; and, also, that portion of the city north of the center line of Eighth Street and southwest of the main line of the Georgia Southern and Florida Railroad. Wards. Upon any extension of the present city limits, the above mentioned ward lines shall be extended in their same general direction so as to intersect with such city limits so extended. The change in wards shall not affect the terms of the present city commissioners.
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Section 2. Said Act is further amended by adding at the end of section 10 the following: No city equipment shall be traded, sold, or bought unless the approval of the city commission is first obtained. so that when so amended section 10 shall read as follows: City property. Section 10. The city commission thus elected and organized shall be strictly a legislative body. Said commission shall pass all the ordinances for the government of the city, fix the tax rate, license fees and do and perform all necessary work of a legislative character for the successful government of the city. No city equipment shall be traded, sold, or bought unless the approval of the city commission is first obtained. Section 3. Said Act is further amended by striking from section 13 the figure $15,000.00 and inserting in lieu thereof the figure $20,000.00, so that when so amended section 13 shall read as follows: Section 13. The city manager shall be responsible to the commission for the proper administration of all the affairs of the city and shall enter into a good and sufficient bond of not less than $20,000.00, payable to the City of Tifton, and conditioned for the faithful discharge of his duties as city manager and for the faithful accounting thereto of all property, money and effects belonging to the city that may come into his hands or under his control. Said city manager shall require from each of his subordinates handling any money or having custody or control of any personal property of the city a like bond in such amount as he shall deem proper and upon failure to do so he shall be liable on his own bond for any default of such subordinate and the term subordinate shall be held to include any officer or employee appointed or employed by him. The premiums on the bonds required by this paragraph shall be paid by the city out of its general funds. Bond of city manager. Said city manager shall take and subscribe the following oath: `I,..... do solemnly swear that I will faithfully perform all of the duties as is incumbent
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upon me as manager of the City of Tifton to the best of my skill and ability, so help me God.' Section 4. Said Act is further amended by adding to the end of section 14 the following: He shall prepare and submit an operational report monthly to the city commission. He shall have prepared a complete audit each year of the books of the city. Monthly report. so that when so amended section 14 shall read as follows: Section 14. The city manager may appoint a city clerk, who shall attend all meetings of the commissioners and shall act as secretary of the body, a recorder and chief of police and such other members of the police force as will in his judgment be necessary, both regular and special. He may appoint a chief of the fire department and such other members of the fire department as may, in his judgment, be necessary. He may appoint a street superintendent; a board of health, to consist of as many members as in his judgment may be necessary; a sanitary inspector; an auditor; a city physician and all other officers, subordinates and employees, that in his judgment may be necessary for the proper administration of the city government. It shall be his duty to enforce all ordinances, rules and regulations passed by the commission. He shall fix the salaries of all other employees of the city; shall have the right to discharge or suspend any employee of the city when in his judgment the best interest of the city requires it, and from his action in matters of dealing with city employees there shall neither be appeal to nor interference by the commissioner. The city manager shall be the purchasing agent for the city and shall buy all supplies of every sort, kind and character used in the city's business. He shall buy all supplies used by the public schools of the city upon proper requisition from the Board of Education therefor. He shall make all contracts for city lighting, street work, sewerage, sanitary work, paving, or any other needful thing to be done for or in behalf of the city. Said city manager shall be engaged in no other sort or kind of business, but shall devote his time and attention exclusively to the management
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of the affairs of the city. He shall, when in his judgment it is necessary, employ a suitable engineer to make surveys, estimates, or to lay out and construct any work or enterprise for the city. He shall keep an office in some convenient place and his office shall be open during business hours every day, except Sundays and legal holidays, and shall employ in said office such force as may be necessary in his judgment to properly handle the city's business. He shall prepare and submit an operational report monthly to the city commission. He shall make a complete audit each year of the books of the city. Section 5. Said Act is further amended by striking section 15 in its entirety and inserting in lieu thereof a new secton 15 to read as follows: Section 15. Be it further enacted that any person who has resided in the City of Tifton for four months and is a qualified voter under Article II, Section 1 of the Constitution and who shall have registered his name in a registration book hereinafter provided for at least 45 days prior to a city election and who shall have complied with all requirements as to oath and registration, shall be a qualified voter in the City of Tifton. Voters. Section 6. Said Act is further amended by striking section 16 in its entirety and inserting in lieu thereof a new section 16 to read as follows: Section 16. Be it further enacted that immediately after the passage of this Act the clerk of the said City of Tifton shall open a book to be designated as the Voters' Book for the City of Tifton containing on the first page thereof the following oath, to wit: Voters' book. I do swear or affirm that I am a citizen of the United States, that I am 21 years of age or will be on the.....day of.....this calendar year; and I have resided in this State for one year in the County of Tift within the corporate limits of the City of Tifton for four months immediately preceding the date of this oath or will so have resided on the.....day of.....
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of this calendar year; that I possess the qualification of an elector required by the constitution; that I am not disqualified from voting by reason of any offenses committed against the laws of this State. I further swear that I reside at No......Street in the City of Tifton, my age is.....years, my occupation is...... Section 7. Said Act is further amended by striking from section 18 the word six and inserting in lieu thereof the word four so that when so amended section 18 shall read as follows: Section 18. Signatures and Entries. Be it further enacted that any person desiring to register as a voter may apply to the clerk of the City of Tifton, or his deputy as above described, and after reading said oath or having same read to him, shall evidence the same signing his name in said voters' book underneath the written or printed oath above described; or on the same page following the page on which the oath is written or printed. A memorandum of the date of entry of the voter's name, his street number, or place of residence, his age, and occupation shall be made by the officer in charge of said book. When the applicant is not 21 years old at the date of taking the oath a similar entry or memorandum shall be likewise made, showing the date in that year when he will have reached the age of twenty-one and when the applicant has not resided in the State one year or in the city four months at the date of taking such oath a similar entry or memorandum shall be made showing the date in that year when he will have resided in this State one year and in the City of Tifton four months. Voter registration. Section 8. Said Act is further amended by striking from paragraph (b) of section 20 the words first day of September and inserting in lieu thereof thirtieth day of October and by striking the words September 1st and inserting in lieu thereof October 30th so that when so amended said Section 20 (b) shall read as follows: Section 20 (b) The registrars shall in each year meet on the thirtieth day of October, or on the Monday thereafter
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if October 30th falls on Sunday, and begin the work of perfecting a true and correct list of the qualified voters for the City of Tifton, and as taken from voter's book. It shall also be their duty to obtain a list of disqualified voters from the tax commissioner of said County of Tift in which said City of Tifton is located, showing all persons residents of said City of Tifton, who are disqualified by failure to have paid due or past due poll taxes, or from other legal causes and any expense attendant thereto to bind the said city from its general funds to pay a reasonable expense attending the actual preparation of such disqualified list, and shall proceed to make up a list to be known as Qualified Registered Voters List in alphabetical order of names. Registrars. Section 9. Said Act is further amended by striking the first sentence of paragraph (c) of section 20 and inserting in lieu thereof the following: The said registrars shall complete their list of qualified registered voters not later than twenty five days prior to the date the annual city election is held in each year, provided the city commission may grant by resolution an extension of time in event said registrars cannot complete said list by that date. Same. so that when so amended paragraph (c) shall read as follows: (c) The said registrars shall complete their list of qualified registered voters not later than twenty five days prior to the date the annual city election is held in each year, provided the city commission may grant by resolution an extension of time in event said registrars cannot complete said list by that date. Upon completion of said list of voters same shall within five days file the List of Registered Qualified Voters so prepared with the clerk of said city, which list shall be the list of registered qualified voters for the annual election of officers for said City of Tifton for that calendar year, and for an election held in said city by the people until the preparation and filing of list of qualified registered voters for the succeeding year. No
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person shall vote or be allowed to vote at the annual election for city officers or any election held under the provisions of said city charter or laws of Georgia provided for municipal elections for said city, unless his, or her name, is upon the said registration list so filed by said registrars provided that no person shall be qualified to vote at any election unless he shall have paid all poll taxes due at least six months before the same, except when said election is held within six months from the expiration of the time fixed by law for the payment of said taxes. Section 10. 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 1962 session of the General Assembly of Georgia a bill to amend the charter of the City of Tifton so as to provide that the bond required of the City Manager shall not be less than $20,000.00; and for other purposes. This 16th day of January, 1962. Commissioners of the City of Tifton By: E. M. Flowers Chairman. 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: 1, 18-25, 1962, 2-1-62. /s/ Leonard Morris, Representative, Tift County.
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Sworn to and subscribed before me, this 7th day of February, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved February 27, 1962. ACT REPEALING ACT PROHIBITING FISHING ON SABBATH NOT APPLICABLE IN CERTAIN COUNTIES. No. 650 (House Bill No. 896). An Act to amend an Act relating to fishing on the Sabbath, approved March 16, 1961 (Ga. L. 1961, p. 157), so as to except certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to fishing on the Sabbath, approved March 16, 1961 (Ga. L. 1961, p. 157), is hereby amended by striking section 1A in its entirety and inserting in lieu thereof a new section 1A to read as follows: Section 1A. This Act shall not become effective in and shall not apply to any counties in this State having a population of not less than 6,515 nor more than 6,650 according to the United States Census of 1960 or any future such census. This Act shall not become effective in and shall not apply to any counties in this State having a population of not less than 10,140 and not more than 10,150 according to the United States Census of 1960 or any future such census. This Act shall not become effective in and shall not apply to any counties in this State having a population of not less than 500 nor more than 2,000 according to the United States Census of 1960 or any future such census.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962. CITY OF RIVERDALECHARTER AMENDED. No. 652 (House Bill No. 1191). An Act to amend an Act approved February 13th, 1956, incorporating the City of Riverdale, State of Georgia, (Ga.l.1956, pp. 2205-2249) and Acts amendatory thereof: to provide for a civil service or merit system for city employees of said city; to provide for minimum standards of buildings and placement of buildings or other objects upon property in said city; to provide for garbage and sanitation pick-ups and disposal by contract, franchise or other method and to make a periodic charge therefor; to provide for the repeal of any and all laws in conflict herewith and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. Application of Provisions The provisions of this civil service Act hereby created, shall never apply to officers elected by the people or the city attorney of the City of Riverdale, or to any officer or employee in the first six months of employment, nor shall they apply to part time employment, or to seasonal employees whose employment does not exceed six months in any one year, nor shall the civil service provisions apply to persons temporarily employed or designated to make or conduct a special inquiry, investigations, or examinations, nor shall they apply to any city employees under any circumstances until said employee has met the conditions prescribed in this Act, and thereafter has been specifically designated as a classified civil service employee of the City of Riverdale by the mayor and council of said city, which action shall be taken
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at a regular meeting of the governing body and spread upon the official minutes. Section 2. Employees to Pass Mental and Physical Standard Examinations Immediately upon the approval of this amendment all officers and employees in the service of said city, and future employees of said city, prior to being considered by the governing body, shall pass such mental and physical standards and examinations as the mayor and council may from time to time prescribe. Section 3. Employees to Serve Under Civil Service Plan Beginning six months after approval of this amendment all full time employees and officers of the City of Riverdale (other than the exceptions named in this amendment) after having been designated civil service employees of said city by the mayor and council of Riverdale, shall serve on the civil service plan, during good behavior, and as long as they perform faithfully and efficiently all duties required of them by the governing body. Section 4. Discharge or Punishment After Conviction All persons subject to civil service system hereby created for officers and employees of said city shall be subject to discharge by the mayor and council or to reprimand, demotion, discharge or suspension, as the mayor and council may deem advisable. The governing body will give to the employee in writing notice of their intentions to hold a hearing for disciplinary action as is contemplated and after hearing testimony of any alleged violation or misconduct of the employee may reprimand, demote, suspend or discharge said employee for any act of insubordination, inefficiency, drunkness, failure to pay his debts, immoral or dishonest conduct, conduct not becoming an officer or employee, or the violation of any uniform rule or regulation lawfully adopted by the mayor and council for officers and employees of said city to observe. Section 5. Government to Contract for ServiceGrant Franchiseor Make Charges on Sanitation Be it further enacted that the City of Riverdale is granted the authority to enter into contracts with individuals, corporations, or
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other legal entities for the pickup and disposal of garbage or other waste and shall further have the authority to make a periodic charge for said services as the governing body may deem to be for the best interest of the citizens of the City of Riverdale. Be it further enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 6. The governing authorities of the City of Riverdale are hereby authorized to make, adopt, amend and repeal building, housing, electrical (except any electrical code applying to the installation, repair or maintenance of electric wires, apparatus, equipment or devices by or for a utility rendering communication services and required by it to be utilized in the rendition of its duly authorized service to the public), plumbing, heating, gas and other similar codes relating to the construction, livability, sanitation, erection, equipment, alteration, repair, occupancy or removal of buildings and structures located inside of the corporate limits of the City of Riverdale. Building code. Section 7. 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; 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. Same. Section 8. Said codes, rules and regulations may be adopted by reference to national or regional codes. Same. Section 9. Said governing authorities shall have the authority to appoint building, electrical, plumbing, gas, housing inspectors for said city and such other assistants as the said authority may deem necessary. Inspectors. Section 10. Said governing authorities shall have the
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authority to make rules and regulations concerning permits for and inspections of construction equipment, alteration, repairing or removal of buildings, signs and other structures inside the corporate limits of the City of Riverdale 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 city clerk by the applicant for such permits or inspections. Rules. Section 11. Before enacting any of the codes, rules or regulations permitted in this Act, the governing authority of the City of Riverdale shall hold a public hearing thereon, at least fifteen (15) days notice of the time and place of such hearing shall be published in a newspaper of general circulation in said city. Hearings. Section 12. Full compliance with all rules, regulations and requirements set up hereunder shall be a prerequisite to issuance of any permit and failure to secure such permit as is required is hereby declared to be a misdemeanor. Crimes. Section 13. 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. Crimes. Section 14. If any portion or provision of this Act is found unconstitutional, such invalidity shall not affect any other portion of this Act. Severability. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Clayton County. Personally appeared before me, the undersigned, a notary public, came A. T. Gary, author of the attached bill, who after being first duly sworn, says that the notice attached
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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 there will be introduced at the January 1962, Session of the General Assembly of Georgia, legislation to amend the Charter of the City of Riverdale in the County of Clayton, State of Georgia, (Ga. L. 1956, pp. 2205-2249) and all Acts amendatory thereto within the County of Clayton; to provide for mayor and council for the said city government; to define the boundaries of said city; to provide for absentee balloting in said city; to provide for the city to exercise the right of eminent domain; to provide for a civil service or merit system for city employees of said city; to provide for minimum standards of buildings and the placement of buildings or other objects upon property in said city; to provide for garbage and sanitation pick-up and disposal by contract or otherwise and make a periodic charge therefore; to provide for and define wards for councilmen in said city; to provide for the repeal of any and all laws in conflict herewith and for other purposes. A. T. Gary, Mayor, City of Riverdale Sworn to and subscribed before me, this the 6th day of February, 1962. /s/ John R. McCannon, Notary Public. (Seal).
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Publisher's Affidavit. State of Georgia, County of Clayton. 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 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 17th day of January, 1962 and once a week thereafter for two weeks as provided by law. /s/ M. F. Lee, Assistant Publisher, Forest Park Free Press and Clayton County News Farmer. Sworn to and subscribed before me, this the 6th day of February, 1962. /s/ John R. McCannon Notary Public. My commission expires March 17, 1962. (Seal.) Approved February 27, 1962. COBB COUNTYOFFICE OF TAX COMMISSIONER. No. 653 (House Bill No. 1175). An Act to amend an Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3435), so as to change the compensation of the
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tax commissioner and the chief clerk of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax collector and tax receiver of Cobb County into the one office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3435), is hereby amended by striking from section 3 the figures $9500.00 and $7500.00, and inserting in lieu thereof the figures $10,450.00 and $8,250.00, respectively, so that when so amended section 3 shall read as follows: Section 3. That the salary of said tax commissioner shall be $10,450.00 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 $8,250.00 per annum to be paid monthly from the funds in the county treasury. Any candidate for the office of tax commissioner of Cobb County shall on the date of his qualifying for such office in either a primary or general election, certify to the Ordinary of Cobb County the name of the person he shall appoint as his chief clerk in the event he is elected to the office of tax commissioner of Cobb County, and the person so named 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. This Act shall become effective April 1, 1962. Effective date Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the
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January-February 1962 session of the General Assembly of Georgia for the enactment of a bill to amend the Act entitled, An Act to abolish the offices of tax collector and tax receiver in Cobb County; to consolidate the offices of tax receiver and tax collector of Cobb County; to create the office of tax commissioner of Cobb County;... and for other purposes. Approved February 17, 1949 (Ga. L. 1949, p. 790 et. seq.) and the several Acts amendatory thereof and for other purposes. This 10th day of January, 1962. Raymond M. Reed Attorney for Cobb County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold S. Willingham, E. W. Teague Joe Mack Wilson, who, on oath, deposes and says that they are Representatives from Cobb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Marietta Daily Journal, which is the official organ of said county, on the following dates: January 12, 19 and 26, 1962. /s/ Harold S. Willingham, Representative, Cobb County /s/ Joe Mack Wilson Representative, Cobb County /s/ E. W. Teague Representative, Cobb County Sworn to and subscribed before me, this 31st day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved February 27, 1962.
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CITY OF MACONGROUP INSURANCE FOR EMPLOYEES. No. 654 (House Bill No. 1045). An Act to amend the charter of the City of Macon, said charter having been re-enacted by an Act approved August 3, 1927 and appearing in the published Acts of The General Assembly of Georgia of 1927, pages 1283 through 1357, as said charter has from time to time been heretofore amended so as to authorize the mayor and council of the City of Macon for the benefit of its officers, agents and employees from time to time to contract with a private insurance company or companies for group liability insurance, group accident insurance, group health insurance, group hospital insurance or group medical insurance or any combination of such insurance and any other type or kind of group insurance; to provide that the cost of such insurance for the officers, agents and employees may be borne exclusively by the City of Macon or may be borne exclusively by the officers, agents and employees of the City of Macon, or may be partly borne by the City of Macon and partly by its officers, agents and employees; to provide for deduction from the payroll for such officers, agents and employees to pay such costs as is to be borne by them; to authorize the mayor and council of the City of Macon to increase, enlarge, decrease or terminate any and all such insurance; to provide that no officer, agent or employee shall have any right, vested or otherwise, in the continuance of any such insurance once placed in force; to provide for severability; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. An Act approved August 3, 1927 which reenacted the charter of the City of Macon and which appears in the published Acts of the General Assembly of Georgia of 1927 on pages 1283 through 1357, as said Act has been subsequently amended, is hereby amended as follows:
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(a) The mayor and council of the City of Macon shall have authority, for any or all of its officers, agents and employees, from time to time, to contract with a private insurance company, or companies, for group life insurance, group accident insurance, group health insurance, group hospitalization insurance and group medical insurance, or any combination of such insurance, and any other type or kind of group insurance. Provided, however, that no officer, agent or employee of the City of Macon shall be included in any such contract without his consent. Group insurance. (b) The cost of such insurance for the officers, agents and employees of said city may be borne exclusively by the city, or such cost may be borne exclusively by the officers, agents and employees of the city, or such cost may be partly borne by the city and partly by the officers, agents and employees, and the mayor and council shall determine in its sole and exclusive judgment and discretion by whom such costs shall be borne, and in what amount and proportion. Provided, however, that no part of such cost shall be borne by any officer, agent or employee of said city not participating in such insurance program. Cost. (c) No officer, agent or employee shall have any right, vested or otherwise, in the continuance of any insurance once placed in force. The said mayor and council shall have the uncontrolled right and authority, from time to time, to decrease or terminate any or all of such insurance, and may, with the consent of the affected officers, agents, or employees of said city, increase such insurance and add additional forms of insurance. The mayor and council shall have the right and authority, with the consent of the affected officers, agents or employees of said city, to increase the amount of the contribution of any officer, agent or employee of said city to the cost of such insurance, provided, however, that if any such officer, agent or employee shall not consent to such increased contribution, then the mayor and council shall have the right to terminate such insurance for such officer, agent or employee. No vested rights. (d) The cost of any such insurance borne by the city shall come from its operating revenue, and the Treasurer
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of the City of Macon shall have authority to make payroll deductions for the cost to be borne by said officers, agents and employees. Section 2. If any section or portion or any section of this Act shall be held invalid, the remainder of such section and Act shall remain of full force and effect. Severability. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of local legislation at the 1962 session of the General Assembly of Georgia which convenes in January, 1962, to amend the Charter of the City of Macon (Ga. L. 1927, p. 1283 through 1357 as thereafter amended) in the following respects: To amend the character of the City of Macon, as heretofore amended, so as to authorize the mayor and council of the City of Macon for the benefit of its officers, agents and employees, from time to time to contract with a private insurance company or companies for group life insurance, group accident insurance, group health insurance, group hospitalization insurance or group medical insurance, or any combination of such insurance, and any other type or kind of group insurance; to provide that the cost of such insurance for the officers, agents and employees may be borne exclusively by the City of Macon or may be borne exclusively by the officers, agents and employees of the City of Macon, or may be partly borne by the City of Macon and partly by its officers, agents and employees; to provide for deduction from the payroll for such officers, agents and employees to pay such costs as is to be borne by them; to authorize the mayor and council of the City of Macon to increase, enlarge, decrease or terminate any and all such insurance; to provide that no officer, agent or employee shall have any right, vested or otherwise, in the continuance of any such insurance once placed in force; and for other purposes.
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This notice is given in compliance with Article III, Section VII, Paragraph XV, (Code Section 2-1915) of the Georgia Constitution of 1945. This 27th day of December, 1961. Buckner F. Melton City Attorney City of Macon Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Richard B. Thornton, J. Taylor Phillips, and Phil Taylor, who, on oath, depose and say that they are Representatives 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: December 29, 1961, January 5, 1962 and January 12, 1962. /s/ Richard B. Thornton /s/ J. Taylor Phillips /s/ Phil Taylor Representatives, Bibb County. Sworn to and subscribed before me this 30th day of January, 1962. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved February 27, 1962.
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CITY OF ATLANTATAX EXECUTIONS. No. 656 (House Bill No. 1246). 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; 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 of 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. It shall be the duty of the municipal revenue collector to issue and sign executions against persons liable for ad valorem taxes and other taxes due on real and personal property which are not paid within the time provided by law. In any case where the municipal revenue collector has knowledge or information that personal property which is subject to a lien for unpaid taxes is being removed or is about to be removed beyond the limits of the city prior to the date on which executions can be issued, he shall issue and sign instanter tax execution against the owner of such property about to be or being removed and, as ex officio marshal, shall levy said fi. fa. immediately upon said property. Section 3. The duties by the Act imposed upon the municipal revenue collector and ex officio marshal may be exercised by a deputy. The mayor and board of aldermen may by ordinance require any officer of said city to perform any
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duty deemed necessary or proper to carry out the purposes of this Act. Section 4. Section 25.33, Code of City of Atlanta, 1942, relating to the subject matter of this bill, is hereby specifically repealed. Said section reads as follows: Executions against persons liable for taxes shall be issued and signed by one member of the board of tax assessors and receivers instead of the clerk of the board of aldermen. Said tax assessors and receivers shall keep a record of the fi. fas. so issued and all books and memoranda necessary to advise the public thereof. (Acts 1933, pp. 849, 850; Code 1942, Section 19-407). Prior act repealed. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me the undersigned Wilson Brooks, author of the attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the 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 1962 session of the General Assembly of Georgia, which convenes on Monday, January 8, 1962, 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
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the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. This 20th day of December, 1961. J. C. Savage, City Attorney, City of Atlanta. This 9 day of February, 1962. /s/ Wilson Brooks Sworn to and subscribed before me, this 9th day of February, 1962. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved February 27, 1962. EMANUEL COUNTYCOMMISSIONERS OF ROADS AND REVENUES, REFERENDUM. No. 658 (House Bill No. 816). An Act to amend an Act creating a board of commissioners of roads and revenues for Emanuel County, approved August 18, 1919 (Ga. L. 1919, p. 646), as amended by an Act approved March 30, 1937 (Ga. L. 1937, p. 1324), an Act approved February 23, 1945 (Ga. L. 1945, p. 727), an Act approved February 23, 1945 (Ga. L. 1945, p. 741), and an Act approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2675), so as to provide for three commissioner districts with one commissioner elected from each district by county wide vote; to provide for four-year terms; to provide for filling vacancies; to provide when commissioners shall be elected; to provide an effective
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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 creating a board of commissioners of roads and revenues for Emanuel County, approved August 18, 1919 (Ga. L. 1919, p. 646), as amended by an Act approved March 30, 1937 (Ga. L. 1937, p. 1324), an Act approved February 23, 1945 (Ga. L. 1945, p. 727), an Act approved February 23, 1945 (Ga. L. 1945, p. 741), and an Act approved February 26, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2675), is hereby amended by striking section 1, which reads as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act there shall be established in and for the County of Emanuel a board of commissioners of roads and revenues, to consist of the following named persons, to wit: J. A. Coleman, C. W. Perkins and H. R. Smith, whose term of office shall be three years, beginning January 1, 1920, and ending January 1, 1923, before the expiration of their term of office they, or their successors, shall be elected by the vote of the people of Emanuel County for a term of two years. in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. Be it enacted by the General Assembly of Georgia, That there is hereby created a board of commissioners of roads and revenues for Emanuel County to be composed of three members. For the purpose of electing such three members, Emanuel County is hereby divided into three commissioner districts, as follows: Commissioner District No. 1 shall be composed of Militia District No. 53; Commissioner District No. 2 shall be composed of Militia Districts Nos. 50, 395, 1208, 1452, 1502 and 1748; Commissioner District No. 3 shall be composed of Militia Districts Nos. 49, 57, 58, 1333, 1429 and 1560. One member of the
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board shall be elected from each of the three commissioner districts. In order to be eligible to serve as a member of the board, a person must reside in the commissioner district which he represents. All members of the board shall be elected by the voters of the entire county. Beginning with the election in 1964, the members of the board shall be elected for four-year terms and until their successors are elected and qualified. The members elected in 1964 shall take office January 1, 1965. All successors shall likewise be elected for four-year terms and until their successors are elected and qualified. They shall be elected at the same time as county officers of Emanuel County are elected and shall take office on the first day of January immediately following their election. Districts, etc. Section 2. Said Act is further amended by striking section 15, which reads as follows: Section 15. Be it further enacted, that before the term of office of said board of commissioners expires January 1, 1923, then the board of commissioners consisting of three members shall be elected by the qualified voters of Emanuel County at the same time and place as members of the General Assembly are elected. in its entirety and inserting in lieu thereof a new section 15 to read as follows: Section 15. Be it further enacted, that the members of the board of commissioners of roads and revenues shall be elected by the voters of Emanuel County at the same time and place as the county officers of Emanuel County are elected. Elections. Section 3. Said Act is further amended by striking section 16, which reads as follows: Section 16. Be it further enacted, that all vacancies in said board shall be filled by said board during their term of office. in its entirety and inserting in lieu thereof a new section 16 to read as follows:
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Section 16. Be it further enacted, that in the event a vacancy occurs on said board for any reason other than the expiration of a term of office, the remaining members of the board shall fill the vacancy for the unexpired term, and such vacancy must be filled from the district in which the vacancy occurs. Vacancies. Section 4. During the month of September, 1962, it shall be the duty of the Ordinary of Emanuel County to issue the call for an election for the purpose of submitting this Act to the voters of Emanuel County for approval or rejection. The Ordinary shall set the date of such election for November 6, 1962. 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 Emanuel County. The ballot shall have written or printed thereon the words: For approval of the Act providing for three Commissioner Districts for Emanuel County with one Commissioner to be elected from each District by county wide vote, and to provide for four-year terms beginning January 1, 1965. Against approval of the Act providing for three Commissioner Districts for Emanuel County with one Commissioner to be elected from each District by county wide vote, and to provide for four-year terms beginning January 1, 1965. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. 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 Emanuel 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,
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except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 5. In the event this Act is approved in the referendum provided for hereinbefore, the election in 1964 shall take place as provided in section 1 of this Act. The election in 1962 shall be under the same procedure and under the same law as existed prior to the approval of this Act in the aforesaid referendum, and the provisions of law relative thereto shall remain the same until the time hereinbefore provided for. The commissioners elected in 1962 shall continue to serve through December 31, 1964. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Emanuel County. Publisher's Affidavit. Personally appeared before me, William C. Rogers, who after first being duly sworn, deposes and states on oath that he is a duly authorized officer of the Forest-Blade Publishing Co., Inc., which is the publisher of the Swainsboro Forest-Blade, a weekly newspaper of general circulation in Emanuel County, in which sheriff's advertisements and legal ads for Emanuel County appear. Said officer further deposes and states under oath that the attached Notice of intention to introduce local legislation appeared in the aforesaid newspaper once a week for three weeks, towit: January 4, 1962, January 11, 1962, January 18, 1962. /s/ William C. Rogers President, Forest-Blade Publishing Co., Inc. Sworn to and subscribed before me this 18th day of January, 1962. /s/ Ruby Fagler Notary Public (Seal).
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of roads and revenues for Emanuel County, approved August 18, 1919 (Ga. L. 1919, p. 646), as amended, so as to provide for three commissioner districts for Emanuel County with one commissioner elected from each district by county wide vote; to provide for four-year terms beginning January 1, 1965; to provide for a referendum; and for other purposes. This 2nd day of January, 1962. Geo. L. Smith II Representative, Emanuel County. Approved February 27, 1962. GWINNETT COUNTYUSE OF SLOT MACHINES, ETC., PROHIBITED, REFERENDUM. No. 659 (House Bill No. 1205). An Act to provide that it shall be unlawful to own, possess, use, maintain or operate pinball machines or similar machines in Gwinnett County; to provide penalties therefor; to provide for the submission of this Act for ratification or rejection; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be unlawful for any person, firm or corporation to own, possess, use, maintain or operate any pinball machine or similar machine, including all machines operated by depositing a coin therein for the playing of a game or the engaging in of any contest of chance or skill
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in Gwinnett County, Georgia. Provided, however, the provision of this Act shall not apply to machines owned and operated exclusively for the sale of merchandise where neither the element of chance or skill is involved. Slot machines, etc. Section 2. Any person, firm or corporation violating the provisions of section 1 of this Act shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as provided by law. Crimes. Section 3. 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 Gwinnett County to issue the call for an election for the purpose of submitting this Act to the voters of Gwinnett County for approval or rejection, said call for an election shall be issued during the month of September, 1962. The Ordinary shall set November 6, 1962 as the date for such election. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words: For approval of the Act to provide that it shall be unlawful to own, possess, use, maintain or operate pinball machines or similar machines in Gwinnett County; to provide penalties therefor. Referendum. Against approval of the Act to provide that it shall be unlawful to own, possess, use, maintain or operate pinball machines or similar machines in Gwinnett County; to provide penalties therefor. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, 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 Gwinnett County. It shall be the duty of the Ordinary to hold and conduct
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such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia a bill to provide that it shall be unlawful to own, possess or operate pin-ball machines in Gwinnett County, Georgia; to provide for a referendum; and for other purposes. This 8th day of January, 1962. Earl P. Story Representative, Gwinnett County 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, 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 11, 18 and 25, 1962. /s/ Earl P. Story Representative, Gwinnett County /s/ Handsel Morgan Representative, Gwinnett County
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Sworn to and subscribed before me this 6th day of February, 1962. /s/ Frank E. Blankenship Notary Public, Georgia. My Commission Expires July 14, 1962. (Seal). Approved February 27, 1962. COFFEE COUNTYCLERICAL ASSISTANCE FOR ORDINARY. No. 660 (House Bill No. 833). An Act to amend an Act creating the office of commissioner of roads and revenue in the County of Coffee approved March 26, 1937, (Ga. L. 1937, p. 1294), as amended so as to authorize the board of commissioners of roads and revenue to compensate the office of Ordinary of Coffee County for clerical aid; so as to amend Georgia Laws 1957, pp. 2393, 2394 and 2395 so as to provide for such compensation in the amount of $175.00 per month and to amend section 8-A of Georgia Laws 1937, p. 1294, as amended by Georgia Laws 1953, pp. 2382, 2383 and 2384 and as amended by Georgia Laws 1957, pp. 2393, 2394 and 2395 so accordingly; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 8-A of said Act is hereby amended by striking the words one hundred and fifty in the fourth line of said section and inserting in lieu thereof the words one hundred seventy-five so as to make said section read when amended as follows: Section 8-A. The board of commissioners of roads and revenues of Coffee County is hereby authorized to pay to
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the office of Ordinary of Coffee County a sum not to exceed one hundred seventy-five dollars per months for clerical aid. Section 2. All laws and parts of laws in conflict with this act are hereby repealed. State of Georgia, County of Coffee. Personally appeared before me, the undersigned attesting officer, George J. Williams and Henry R. Milhollin, affiants, who after being duly sworn depose and say on oath that they are the sponsors of the bill to which this affidavit is attached, and the above and foregoing notice of intention to introduce local legislation was published in the Coffee County Progress on December 28, 1961, which was the official organ of Coffee County, Georgia, during the year 1961, and was published in the Douglas Enterprise which is the official organ of Coffee County, Georgia, for the year 1962, on January 4 and January 18, 1962. /s/ Henry R. Milhollin. /s/ George J. Williams. Sworn to and subscribed before me, this the 22nd day of January, 1962. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My commission expires Oct. 6, 1964. (Seal). State of Georgia, County of Coffee. Personally appeared before the undersigned officer, duly authorized to administer oaths, Melvin Waters and Thomas Frier, who on oath depose and say that they are the publisher of the Coffee County Progress and the Dogulas Enterprise, respectively, and their newspapers are of general circulation in Coffee County, Georgia, and that the Coffee County Progress was the official organ of Coffee County, Georgia, during the year 1961 and that the Douglas
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Enterprise is the official organ of Coffee County, Georgia, for the year 1962, and that the following: Notice of Proposed Local Legislation. Notice is hereby given that the undersigned intend to introduce at the 1962 session of the General Assembly of the State of Georgia a local bill to provide a salary paid to the Ordinary's office of Coffee County for clerical help to be increased from $150.00 per month to $175.00 per month. This is an amendment of Georgia Laws 1957, pages 2393-4-5. This the 28th day of December, 1961. /s/ Henry R. Milhollin. /s/ George J. Williams. Representatives, Coffee County, Georgia. has been published in said Coffee County Progress and said Douglas Enterprise once a week for three (3) weeks, to-wit in the regular issues of December 28, 1961, and January 4, and 11, 1962, of said newspapers. /s/ Melvin Waters. /s/ Thomas Frier. Sworn to and subscribed before me, this the 22nd day of January, 1962. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved February 27, 1962.
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LICENSING OF PINBALL MACHINES, ETC. IN CERTAIN COUNTIES. No. 662 (House Bill No. 1151). An Act to authorize and empower the governing authority of certain counties to license amusement machines or devices commonly known as pinball machines, and to license the establishments commonly known as poolrooms which have therein pool tables, snooker tables or billiard tables. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of all counties having a population of not less than 22,800 and not more than 23,200, according to the 1960 United States Census or any future such census, are authorized and empowered to levy such license taxes as said governing authority may deem expedient or necessary upon the operation of coin operated amusement machines or devices commonly known as pinball machines and upon the operation of establishments commonly known as poolrooms which have therein pool tables, snooker tables or billiard tables. Where applicable. Section 2. Without limitation as to the other methods by which the payment of such licenses may be enforced, the provisions of Code sections 92-3906, 92-3907, 92-3908, 92-3909, 92-3910, 92-3911 and 92-3912 are hereby declared to be applicable to said licenses. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962.
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DOUGHERTY COUNTYCOMPENSATION OF EMPLOYEES OF SHERIFF, ORDINARY AND CLERK OF SUPERIOR COURT. No. 663 (House Bill No. 1028). An Act to amend an Act placing the sheriff, clerk of the superior court, and the ordinary of Dougherty County on a salary basis, approved March 7, 1955 (Ga. L. 1955, pp. 2874 et seq.) and an Act amendatory thereof approved February 29, 1960, (Ga. L. pp. 2224 et. seq.) and all Acts amendatory thereof, so to provide for the establishment of base salaries for the chief deputy and deputies of the sheriff of Dougherty County and for the chief deputies and assistant clerks of the Superior Court of Dougherty County, Georgia and clerk of the City Court of Albany, and the clerk and assistants to the ordinary of Dougherty County, Georgia; to provide for supplemental pay in addition to said base pay for said personnel upon approval of the board of commissioners of roads and revenues of Dougherty County, Georgia; to provide for additional deputies, clerks and assistants; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 6 of the Act approved March 7, 1955 (Ga. L. 1955, p. 2874 et. seq.), as amended by the Act approved February 29, 1960 (Ga. L. 1960, pp. 2224 et. seq.), is hereby stricken in its entirety, and a new section is substituted in lieu thereof, to read as follows: Section 6. The sheriff of Dougherty County shall have a chief deputy who shall receive a base salary of $475.00 per month, a deputy who shall receive a base salary of $425.00 per month, a deputy who shall receive a base salary of $400.00 per month, and a deputy who shall receive a base salary of $375.00 per month. All other deputies of the sheriff of Dougherty County shall receive a monthly base salary equal to the base pay of the Dougherty County Police. Sheriff's deputies.
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The clerk of the Superior Court of Dougherty County who is also serving as the clerk of the City Court of Albany, shall have a chief deputy who shall receive a base salary of $350.00 per month, two assistant clerks who shall receive a base salary of $275.00 per month, and an assistant clerk who shall receive a base salary of $250.00 per month. All other assistants of the clerk of the Superior Court shall receive a base salary of $225.00 per month. Clerk's deputies. The ordinary of Dougherty County shall have one clerk who shall receive a base salary of $350.00 per month. All other assistants to the ordinary shall receive a base salary of $225.00 per month. Clerks of ordinary. All the salaries provided by this section shall be paid directly to the deputies, assistants and employees out of the general funds of said county. Upon written request by the elective official under whom such chief deputy, deputies, clerks and assistant clerks and assistants serve addressed to the Commissioner of Roads and Revenues of Dougherty County, such commissioners of roads and revenues may, in their discretion, supplement and pay to said chief deputies, deputies, clerks and assistant clerks and assistants an additional salary over and above the base salaries herein provided, but in no event shall the commissioners of roads and revenues decrease the base salary of said personnel of the offices herein stated without the written consent of the elected official heading such office, as is hereinafter provided. Changes in compensation. Notwithstanding any other provision in this section to the contrary, the sheriff of Dougherty County, the clerk of the Superior Court of Dougherty County and the ordinary of Dougherty County shall have the authority to reduce the base salaries herein provided for the personnel in their respective offices by written statement to the commissioners of roads and revenues of such decrease in base salary, and the same may be changed from time to time by said sheriff, clerk of Superior Court and ordinary for their respective offices so long as such base salary does not exceed the base salaries herein provided.
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Section 2. Section 7 of the Act approved March 7, 1955 (Ga. L. 1955, p. 2874 et. seq.) as amended by Act approved February 29, 1960 (Ga. L., pp. 2224 et. seq.) is hereby amended by adding at the end of said section 7 a new paragraph to read as follows: Notwithstanding any other provision of this section to the contrary, said sheriff, clerk of Superior Court and ordinary shall, with the consent of the commissioners of roads and revenues of Dougherty County, have the power to employ such other assistants as they may deem necessary for their respective offices, and without the consent of the judge of the Superior Court of Dougherty County. Other assistants. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the ensuing 1962 session of the General Assembly of Georgia a local bill to amend an Act placing the sheriff, clerk of the Superior Court, and the ordinary of Dougherty County on a salary basis, approved March 7, 1955 (Ga. L. 1955, pp. 2874 et. seq.) and an Act amendatory thereof approved February 29, 1960, (Ga. L. pp. 2224 et. seq.) and all Acts amendatory thereof, so as to provide for the establishment of base salaries for the chief deputy and deputies of the sheriff of Dougherty County and for the chief deputies and assistant clerks of the Superior Court of Dougherty County, Georgia and clerk of the City Court of Albany, and the clerk and assistants to the ordinary of Dougherty County, Georgia; to provide for supplemental pay in addition to said base pay for said personnel upon approval of the board of commissioners of roads and revenues of Dougherty County, Georgia; to provide for additional deputies, clerks and assistants; to repeal conflicting laws; and for other purposes. This 3rd day of January, 1962. /s/ George D. Busbee, Colquitt H. Odom, State Representatives of Dougherty County, Georgia.
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George D. Busbee, who, on oath, deposes and says that he is Representative from Dougherty County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald, which is the official organ of said county, on the following dates: January 6, 13, and 20, 1962. /s/ George D. Busbee, Representative, Dougherty County, Georgia. Sworn to and subscribed before me, this the 31st day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large. My Commission Expires March 17, 1964. (Seal). Approved February 27, 1962. CITY OF MACONACTION IN ABANDONING ALLEY CONFIRMED. No. 669 (House Bill No. 1197). An Act to confirm the action of the mayor and council of the City of Macon in closing, vacating and abandoning, and vesting in the Board of Public Education and Orphanage for Bibb County, its successors and assigns, the portions of the alleys in square 81, old City of Macon, Bibb County, Georgia, which are located within the boundaries of a plat recorded in plat book 34, folio 170, clerk's office Bibb Superior Court and to vest title thereto in the said Board of Public Education and Orphanage for Bibb County, its successors and assigns; 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. That the action of the mayor and council of the City of Macon by resolution adopted by that body at a regular meeting held on the 6th day of February, 1962, closing, vacating, and abandoning, and appropriating the same to the Board of Public Education and Orphanage for Bibb County, its successors and assigns, a portion of the original alleys in square 81, old City, Macon, Bibb County, Georgia, is hereby confirmed. Act confirmed. Section 2. That the portions of the alleys in square 81, old City, Macon, Bibb County, Georgia, which are located within the boundaries of a plat recorded in plat book 34, folio 170, clerk's office, Bibb Superior Court be and the same are hereby closed, vacated and abandoned for alley purposes; and the title thereto is hereby vested in the Board of Public Education and Orphanage for Bibb County, Georgia, its successors and assigns. Title vested. Section 3. That evidence of advertising required by law is hereto attached and made a part hereof. Section 4. That all laws and parts of laws in conflict herewith are hereby repealed. To Whom it may Concern: Notice is hereby given that application will be made to the 1962 session of the General Assembly of the State of Georgia for passage of the following bill, to-wit: A bill to be entitled An Act to Confirm the Action of the mayor and council of the City of Macon in closing, vacating and abandoning, and appropriating to the Board of Public Education and Orphanage for Bibb County, its successors and assigns, the portions of the alleys in square 81, Old City, Macon, Bibb County, Georgia, which are located within the boundaries of a plat recorded in plat book 34, folio 170, clerk's office, Bibb Superior Court, and to vest title thereof in the undersigned, its successors and assigns; and for other purposes.
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This notice is given in compliance with Article III, Section 7, Par. 15 code Section 2-1916 of the 1933 Code of Georgia Annotated of the Constitution of Georgia of 1945. This January 19th, 1962. /s/ V. J. Adams. Attorney for the Board of Public Education and Orphanage for Bibb County, for this purpose. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Phil Taylor, Taylor Phillips and Richard Thornton, who, on oath, deposes and says that they are representatives 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: January 20, 27 and February 3, 1962. /s/ Phil Taylor, Taylor Phillips, Richard B. Thornton, Representatives, Bibb County, Georgia. Sworn to and subscribed before me, this 7th day of February, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large. (Seal). Approved February 27, 1962.
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DEKALB COUNTYBOND COMMISSION CREATED. No. 673 (House Bill No. 1201). An Act to create a bond commission for DeKalb County, Georgia; to provide for its membership and duration; to define its duties; to provide compensation for its members; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of same: Section 1. That from and after the passage of this Act, there is created in and for the County of DeKalb a bond commission to be composed of thirteen members including the chairman of the board of commissioners of roads and revenues of said county, who is hereby made an ex-officio member, which bond commission is given the sole and exclusive power in performing the duties hereinafter provided. Created. Section 2. The first members of said bond commission shall be the following: Thomas O. Davis, Hugh C. Rowland, Mrs. Douglas N. McCurdy, George C. Munn, Rufas Evans, Joseph W. Jackson, W. A. Chapman, Henry E. Newton, R. C. Head, John R. Williams, Wheat Williams, Howard C. Jones. Members. The ex-officio member shall serve so long as he remains in office as chairman of the board of commissioners of roads and revenues of said county and his term of office on said bond commission shall expire when and if he shall cease to be the chairman of the board of commissioners of roads and revenues of said county and he shall be succeeded by the chairman of the board of commissioners of roads and revenues who succeeds to that office. The other members of said commission shall serve for a term of four years beginning January 1, 1962 and until their successors shall be named as hereinafter provided. In case a vacancy in the commission shall result from death, resignation or otherwise, such vacancy shall be filled by the remaining members of the commission.
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The successors to the original ten members of the bond commission, other than the ex-officio member, or such persons chosen to fill any unexpired terms of the original ten members, shall be elected for a four-year term by the December 1965 grand jury of DeKalb County. Section 3. Be it further enacted by the authority aforesaid that it shall be the duty of the bond commission and it is empowered to make a study of the capital funds requirements for the orderly progress and development of the county; to make recommendations of purposes and amounts to be included in any bond issue proposed to the voters and to supervise the expenditures of all monies raised by the issuance and sale of all direct obligation bonds of DeKalb County. Where the expenditure of such bond funds is involved, it shall approve the execution of any and all contracts and the employment of architects and engineers; approve the compensation therefor; determine the roads and bridges to be constructed and repaired; the location of any parks or public buildings to be acquired, constructed or improved; and shall do any and all acts which may be necessary and proper to provide for the expenditure of said funds for the best interests of said county. Duties. Section 4. Said commission shall keep full and accurate minutes of all meetings of said commission and shall exercise the powers herein authorized by resolutions duly and regularly adopted at such meetings, which resolutions shall have binding effect upon the board of commissioners of roads and revenues of said county and any other officers of said county who may be affected thereby. Said commission shall provide the time and place for its regular meetings and the means and methods of calling special meetings and a majority of the commission shall constitute a quorum and the actions at any meeting where such a quorum is present shall be binding upon the entire commission. Said commission shall elect one of its number as chairman, one as vice chairman and one as secretary, who shall perform the usual duties of such offices and such other duties as may be prescribed by the commission. The ex-officio member shall not be eligible for any of said offices.
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All meetings at which official action shall be taken shall be open to the public. Officers, meetings, etc. Section 5. Each member of said bond commission shall receive per diem compensation for his services to be fixed by the board of commissioners of roads and revenues not in excess of twenty ($20.00) dollars for each meeting of said commission which he attends; however, said commission is authorized to pay not in excess of twenty ($20.00) dollars per day for any actual services rendered by any member of said commission, who renders such service upon direction by said commission. Compensation. Section 6. The powers and authority herein granted to said bond commission shall terminate when all monies arising from the sale of the general bond issues voted prior to January 1, 1962, have been expended. Date of termination of commission. Section 7. The bond commission created pursuant to the Act creating a bond commission for DeKalb County approved March 7, 1957, (Ga. L. 1957, pp. 2698-2702) as amended, is abolished and any unexpended bonds or bond funds outstanding shall be administered under the terms of this Act. Prior commission abolished. 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 the undersigned intend to apply to the 1962 session of the General Assembly of Georgia, which convenes in January, 1962, for the passage of local legislation to create a bond commission for DeKalb County, Georgia; to define its duties; to provide for selection of and compensation for its membership, and for other purposes. This 26th day of December, 1961. /s/ W. Hugh McWhorter, James A. Mackay, Guy W. Rutland, Jr.
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Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the city of Decatur, being of general circulation and being the legal organ for the county of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention to Apply for Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being: December 28, 1961, January 4, and January 11, 1962. /s/ W. H. McWhorter, Managing-Editor, The DeKalb New Era. Sworn to and subscribed before me, this the 16th day of January, 1962. /s/ Carol E. Wheeler, Notary Public, Georgia State at Large. My Commission Expires March 23, 1963. (Seal). Approved February 27, 1962. JUVENILE COURTS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 250,000 AND NOT MORE THAN 350,000 PERSONS. No. 674 (House Bill No. 1245). An Act to amend an Act approved February 19, 1951, (Ga. L. 1951, Vol. 1, page 291), repealing the Juvenile Court Act approved February 18, 1950, and establishing juvenile courts, and Acts amendatory thereof so as to provide that in counties having a population of not less than 250,000 and not more than 350,000, according to the 1960 United States Census or any future census, the judge of the juvenile court shall devote his full time to the duties
Page 2381
of said court and shall not engage in the practice of law and shall not hold any other State, County, City or Federal elective or appointive office, job or position; to prescribe the salary for the Juvenile Court Judge in such counties; to repeal an Act approved March 28, 1947, (Ga. L. 1947, p. 766), prescribing the salary for judges of juvenile courts in counties having a population of 200,000 inhabitants or more by the last United States Census; to provide for submission of budget and selection of employees; 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 that from and after the passage and approval of this Act: Section 1. An Act approved February 19, 1951, (Ga. L. 1951, Vol. 1, p. 291), repealing the Juvenile Court Acts approved February 18, 1950, and establishing juvenile courts, and Acts amendatory thereof be, and the same are hereby, amended by adding thereto a new section to be appropriately numbered and to read as follows: In all counties having a population of not less than 250,000 and not more than 350,000, according to the United States Census of 1960 or any future United States Census, the judge of the juvenile court in such counties shall devote his full time to the duties of said office, shall not engage in the practice of law and shall be ineligible to hold any other elective or appointive county, city, State or Federal office, job or position. The salary of the juvenile court judge in such counties shall be $11,500.00 per annum, payable by the county in equal monthly installments on the first day of each month. Judges' salaries, etc. Section 2. The Act approved March 26, 1947, (Ga. L. 1947, p. 766), providing for the salaries of judges of the juvenile courts in counties having a population of 200,000 or more by the last United States Census, and all laws in conflict herewith are hereby repealed. 1947 Act repealed. Section 3. Should any part, portion or paragraph of this Act be declared to be invalid or unconstitutional by a court
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of competent jurisdiction, it shall not affect the remaining portions of this Act not declared invalid. Severability. Section 4. The budget of said court, except for the salary of the judge, shall be subject to approval of the governing body in such counties. All clerks, stenographers, investigators, probation officers and any and all other employees of said court shall be selected by the judge of said court. Budgets, employees, etc. Approved February 27, 1962. CITY OF NEWNANAUTHORITY TO CLOSE STREETS. No. 675 (House Bill No. 1158). An Act to amend an Act creating a new charter for the City of Newnan and 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 a certain unnamed street in the City of Newnan; to authorize the city governing authority to close a certain street or portion thereof known as Main Street; to authorize the mayor and aldermen of the City of Newnan to convey the lands in said street to the adjoining land owners on the north and south, under such terms, conditions and restrictions as the mayor and aldermen 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 and the County of Coweta, approved December 8, 1893 (Ga. L. 1893, p. 272), as amended, is hereby amended so as to give the mayor and aldermen of the city of Newnan the authority to close a certain proposed street being an unnamed proposed street in the City of Newnan and being fifty feet in width and lying northerly of lot 16, block B and southerly of lot 18, block B of the Berry-Lee subdivision according to map and survey by T. Y. Mattox
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as recorded in deed book 27, pages 220, 221, Coweta County, Georgia records and being bounded on the east by Andrew Street and on the west by property of Alton H. and Evelyn L. Jones. The mayor and aldermen of the City of Newnan shall convey by fee simple deed the land in said street to the adjoining landowners on the north and south upon such terms and conditions and restrictions as the mayor and aldermen may determine. Section 2. Said Act is further amended so as to give the mayor and aldermen of the City of Newnan the authority to close a certain street or a portion thereof known as Main Street and being described as follows: Begin at the northwesterly corner of lot no. 1 of the subdivision of property of the McIntosh Corporation according to map and survey by T. Y. Mattox dated January 27, 1951, a copy of which is recorded in plat book 1, page 213, Coweta County, Georgia records and reference to which is hereby made and run thence easterly along the southern boundary of said street and along the northern boundaries of lots 1, 2, 3, 4, and 5 of said McIntosh Corporation subdivision a distance of 402.6 feet, more or less, to the northeastern corner of lot 5 of said McIntosh Corporation subdivision; thence northerly at a 90 degree angle to said street a distance of 20 feet, more or less, to the northern boundary of said street; thence westerly at a 90 degree angle along the northerly boundary of said street 402.6 feet, more or less; thence southerly at a 90 degree angle 20 feet, more or less, to the beginning point. The mayor and aldermen of the City of Newnan shall convey the land in said street to the adjoining landowners to the south on such terms and conditions as the mayor and aldermen may determine. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Georgia, Coweta County. Notice is hereby given that a Bill will be introduced at the 1962 session of the General Assembly of Georgia amending
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the charter of the City of Newnan so as to give the mayor and aldermen of the City of Newnan the authority to close a certain street or a portion thereof known as Main Street and being described as follows: Begin at the northwesterly corner of lot No. 1 of the subdivision of property of the McIntosh Corporation according to map and survey by T. Y. Mattox dated January 27, 1951, a copy of which is recorded in plat book 1, page 213, Coweta County, Georgia records and reference to which is hereby made and run thence easterly along the southern boundary of said street and along the northern boundaries of lots 1, 2, 3, 4, and 5 of said McIntosh Corporation subdivision a distance of 402.6 feet, more or less, to the northeastern corner of lot 5 of said McIntosh Corporation subdivision; thence northerly at a 90 degree angle to said street a distance of 20 feet, more or less, to the northern boundary of said street; thence westerly at a 90 degree angle along the northerly boundary of said street 402.6 feet, more or less; thence southerly at a 90 degree angle 20 feet, more or less, to the beginning point, and also to give the mayor and aldermen of the City of Newnan authority to convey the land in said street to the adjoining landowners to the south on such terms and conditions as the mayor and aldermen may determine; and for other purposes. /s/ Henry N. Payton, Representative, Coweta County, Georgia. Georgia, Fulton County. Personally appeared before me the undersigned authority, duly authorized to administer oaths, Henry N. Payton, who, on oath, deposes and says that he is Representative from Coweta County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the....., which is the official organ of said county, on the following dates: January 11, 18, and 25, 1962. /s/ Henry N. Payton, Representative, Coweta County, Georgia.
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Sworn to and subscribed before me, this 6th day of February, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large. My Commission Expires March 17, 1964. (Seal). Georgia, Coweta County. Notice is hereby given that a Bill will be introduced at the 1962 session of the General Assembly of Georgia amending the charter of the City of Newnan as to give the mayor and aldermen of the city of Newnan the authority to close a certain proposed street being an unnamed proposed street in the City of Newnan and being fifty feet in width and lying northerly of lot 16, block B and southerly of lot 18, block B of the Berry-Lee subdivision according to map and survey by T. Y. Mattox as recorded in deed book 27, pages 220, 221, Coweta County, Georgia records and being bounded on the east by Andrew Street and on the west by property of Alton H. and Evelyn L. Jones, and also to give the mayor and aldermen of the City of Newnan authority to convey by fee simple deed the land in said street to the adjoining landowners on the north and south upon such terms and conditions and restrictions as the mayor and aldermen may determine, and for other purposes. /s/ Henry N. Payton, Representative, Coweta County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry N. Payton, who, on oath, deposes and says that he is Representative from Coweta County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the.....which is the official
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organ of said county, on the following dates: January 4, 11, and 18, 1962. /s/ Henry N. Payton, Representative, Coweta County, Georgia. Sworn to and subscribed before me, this 6th day of February, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large. My Commission Expires March 17, 1964. (Seal). Approved February 27, 1962. WHITE COUNTYTERMS OF OFFICE OF COMMISSIONERS OF ROADS AND REVENUES. No. 677 (House Bill No. 1182). An Act to amend an Act approved March 25, 1958, (Ga. L. 1958, p. 3224), creating a board of commissioners of roads and revenues for White County, so as to change the term of office of the members of the board of commissioners of roads and revenues; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act approved March 25, 1958, (Ga. L. 1958, p. 3224), creating a board of commissioners of roads and revenues for White County is hereby amended by striking in its entirety section 2, and inserting in lieu thereof the following: The next election for members of the board created herein shall be held at the general election of 1962. The persons so elected shall take office on January 1, 1963 for a term of four years and until their successors are elected
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and qualified. At the general election of 1966, successors shall be elected for a term of four years. Future elections shall be held every four years at the general election and future successors shall likewise be elected for a term of four years and until their successors are elected and qualified and shall take office on the first day of January immediately following their election. 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 January 1962 session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of roads and revenues for White County, approved March 25, 1958 (Ga. L. 1958, p. 3225) so as to change the term of office of the board of commissioners of roads and revenues; and for other purposes. This 15th day of January, 1962. /s/ T. J. McDonald, Representative, White County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, T. J. McDonald, who, on oath, deposes and says that he is Representative from White County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cleveland Courier, which is the official organ of said county, on the following dates: January 19, 26, and February 2, 1962. /s/ T. J. McDonald, Representative, White County, Georgia.
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Sworn to and subscribed before me, this the 6th day of February, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large. My Commission Expires March 17, 1964. (Seal). Approved February 27, 1962. CITY OF AUSTELLCORPORATE LIMITS. No. 678 (House Bill No. 1169). 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 23, 1955 (Ga. L. 1955, p. 2426), an Act approved March 13, 1957 (Ga. L. 1957, p. 3112), an Act approved February 11, 1958 (Ga. L. 1958, p. 2024), an Act approved March 17, 1959 (Ga. L. 1959, p. 3142), an Act approved February 17, 1960 (Ga. L. 1960, p. 2118), and an Act approved April 5, 1961 (Ga. L. 1961, p. 3477), 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 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 23, 1955 (Ga. L. 1955, p. 2426), an Act approved March 13, 1957 (Ga. L. 1957, p. 3112), an Act approved February 11, 1958 (Ga. L. 1958, p. 2024), an Act approved March 17, 1959 (Ga. L. 1959, p. 3142), an Act approved February 17, 1960 (Ga. L. 1960, p. 2118), an an Act approved April 5, 1961 (Ga. L.
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1961, p. 3477), is hereby amended by adding a new section to be known as section 3F to read as follows: Section 3F. In addition to the territory presently included in the corporate limits of the City of Austell, there shall also be included within such corporate limits all the territory in the following described parcels of land: Parcel 1. All that tract or parcel of land lying and being in land lots No. 28 of the 18th district, 2nd section of Cobb County, Georgia, and land lots 1231, 1232, 1233, 1285, 1286, 1287, 1305 and 1306 of the 19th district, 2nd section of Cobb County, Georgia, as shown on plat of survey of the property of E. R. and C. T. Perkerson, dated January 2, 1962, and being more particularly described as follows: Beginning at a point on the southeasterly side of the Bankhead Highway where it is intersected by the west line of said land lot no. 28 of the 18th district, 2nd section, Cobb County, Georgia; running thence north 1 degree 30 minutes west for a distance of 811.3 feet to a point and corner; running thence south 88 degrees 30 minutes west for a distance of 285 feet to a point and corner; running thence north 87 degrees 08 minutes west for a distance of 106 feet to a point and corner; running thence north 13 degrees 30 minutes east for a distance of 251.9 feet to a point and corner; running thence north 3 degrees 56 minutes west for a distance of 183.1 feet to a point and corner; running thence north 89 degrees 59 minutes west for a distance of 1,090.8 feet to a point and corner; running thence north 50 degrees 09 minutes west for a distance of 174.8 feet to a point and corner located on the northwesterly side of Marietta Street; running thence southwesterly along the northwesterly side of Marietta Street for a distance of 49 feet to a point and corner located on the west line of said land lot No. 1285; running thence north on the west line of said land lot No. 1285 for a distance of 760 feet to the northwest corner of said land lot; running thence west along the south line of said land lot No. 1233 for a distance of 210 feet to the center of Sweetwater Creek; running thence northeasterly, easterly, and southeasterly following the meanderings of the center line of Sweetwater Creek for
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a distance of 1,223 feet to a point where the center of Sweetwater Creek is intersected by the center line of Olley Creek; running thence northerly, and northwesterly following the meanderings of the center line of Olley Creek for a distance of 708 feet to a point located on the north line of said land lot No. 1232; running thence east along the north line of said land lot No. 1232 for a distance of 925 feet to the northeast corner of said land lot; running thence south along the east line of said land lot 1232 and the east side of Jones Road for a distance of 660 feet to the northwesterly side of Perkerson Mill Road; running thence northeasterly along the northwesterly side of said Perkerson Mill Road for a distance of 182 feet; running thence southeasterly for a distance of 50 feet to the southeasterly side of Perkerson Mill Road; running thence north 88 degrees 45 minutes east for a distance of 1,050 feet to the east line of said land lot No. 1231; running thence south on the east line of said land lot No. 1231 for a distance of 680 feet to the southeast corner of said land lot; running thence east along the north line of said land lot No. 1287 for a distance of 215 feet to a point and corner; running thence south 7 degrees 57 minutes west for a distance of 265.6 feet to a point and corner; running thence north 86 degrees 42 minutes east for a distance of 180.8 feet to a point and corner on the northwesterly side of Perkerson Lake Drive; running thence north 12 degrees 57 minutes east along the northwesterly side of Perkerson Lake Drive for a distance of 266.4 feet to a point and corner; running thence east along the north line of Sweetwater Lane for a distance of 457.2 feet to the northwest side of the Austell-Marietta Road; running thence southwesterly along the northwesterly side of Austell-Marietta Road for a distance of 708.8 feet; running thence south 43 degrees 30 minutes west for a distance of 896 feet to a point and corner located at the southwest corner of said land lot No. 1287; running thence west along the north line of said land lot No. 1305 for a distance of 725 feet to the center of Sweetwater Creek; running thence south and southerly following the meanderings of the center line of Sweetwater Creek for a distance of 1,140 feet to the southeasterly side of Bankhead Highway; running thence southwesterly along the southeasterly
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side of the Bankhead Highway for a distance of 640 feet to a point and corner located on the west line of said land lot No. 28 and the point of beginning. Parcel 2. All that tract or parcel of land lying and being in land lot No. 94 of the 18th district, 2nd section of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point where the south side of Pacific Avenue and the west side of Bowden Street intersects and running thence south 4 degrees 18 minutes west for a distance of 133.2 feet to a point and corner; running thence south 45 degrees 28 minutes west for a distance of 100 feet to a point and corner; running thence south 45 degrees 08 minutes west for a distance of 200 feet to a point and corner; running thence south 45 degrees 31 minutes west for a distance of 100 feet to a point and corner; running thence south 47 degrees 44 minutes west for a distance of 100 feet to a point and corner; running thence south 52 degrees 15 minutes west for a distance of 136.4 feet to a point and corner; running thence south 59 degrees 31 minutes west for a distance of 122.33 feet to a point and corner; located on the east side of an unnamed street; running thence north 0 degrees 12 minutes east along the unnamed street for a distance of 421.7 feet to a point and corner; running thence north 4 degrees 39 minutes west along the east side of the unnamed street for a distance of 209.7 feet to a point and corner located on the south side of Pacific Avenue; running thence south 89 degrees 48 minutes east for a distance of 597.2 feet to a point and corner and the point of beginning. The above property being more fully shown on plat of survey of property of Ashkouti Company Ltd., dated December 19, 1961 by H. L. Sanders, Surveyor. Parcel 3. All that tract or parcel of land lying and being in land lot 94, of the 18th district, 2nd section of Cobb County, Georgia, as shown on plat of survey of property of E. R. and C. T. Perkerson, dated December 29, 1961, and being more particularly described as follows: Beginning at a point on the south side of Pacific Avenue where it is intersected by the west line of said land lot No. 94 running thence north 84 degrees 67 minutes east for a distance
Page 2392
of 466.6 feet to a point and corner; running thence south 5 degrees 12 minutes east for a distance of 210 feet to a point and corner; running thence north 88 degrees 55 minutes east for a distance of 230 feet to the east side of an unnamed street; running thence south 0 degrees 12 minutes west for a distance of 421.7 feet to a point and corner located on the northwesterly side of the right-of-way of the southern railroad, main track; running thence southwesterly following the railroad right-of-way, southern railroad main tract, for a distance of 743.16 feet to a point and corner located on the west line of said land lot no. 94; running thence north 0 degrees 15 minutes west for a distance of 768.4 feet to a point and corner and the point of beginning. Parcel 4. All that tract or parcel of land lying and being in land lots 1281 and 1310 of the 19th district and 2nd section of Cobb County, Georgia as shown on plat survey of American Legion Post No. 54 by W. T. Poston, dated October 19, 1961, and being more particularly described as follows: Beginning at an iron pin on the western side of State Highway No. 6, the same being the Austell-Powder Springs Road, 44 feet southeasterly from an iron pin at the southeast corner of property formerly owned by George Slaton, now owned by Dallas Swafford; thence running south 84 degrees 30 minuts west for a distance of 322 feet to an iron pin; running thence north at an interior angle of 90 degrees for a distance of 200 feet to th center of Sweetwater Creek; running thence along the center of Sweetwater Creek, downstream, and following the meanderings thereof for a distance of 2,782 feet to the southwesterly side of the Austell-Powder Springs Road; thence running northwesterly along the southwesterly side of said Austell-Powder Springs Road for a distance of 931.8 feet to an iron pin and the point of beginning, said tract containing 22.3 acres. Parcel 5. All that tract or parcel of land lying and being in land lots 28 and 29 of the 18th district, 2nd section, Cobb County, Georgia, and land lot 1305, of the 19th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the southeasterly side of Bankhead Highway 737 feet southwest
Page 2393
from the intersection of the southeast side of the Bankhead Highway and the westerly side of Maxham Road; running thence south 1 degree west for a distance of 212.5 feet to a point and corner; running thence north 78 degrees east for a distance of 400 feet to a point and corner; running thence south 12 degrees west for a distance of 270 feet to a point and corner; running thence east for a distance of 250 feet to the northwesterly side of Maxham Road; running thence southwesterly along the northwesterly side of Maxham Road for a distance of 188 feet to a point and corner; running thence west for a distance of 1,275 feet to a point located in the center of Sweetwater Creek; running thence northeasterly following the meanderings of the center line of Sweetwater Creek (this being the present Austell city limits) for a distance of 205 feet; running thence north 82 degrees east for a distance of 300 feet to a point and corner; running thence north 16 degrees east for a distance of 100 feet to a point and corner; running thence north 78 degrees east for a distance of 100 feet to a point and corner; running thence north 16 degrees east for a distance of 200 feet to a point and corner located on the southeasterly side of Bankhead Highway; running thence northeasterly along the southeasterly side of Bankhead Highway for a distance of 150 feet to a point and corner and the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1962 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 5th day of January, 1962. /s/ E. W. Teague, Joe Mack Wilson, Harold S. Willingham, Representatives, Cobb County, Georgia.
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold S. Willingham, E. W. Teague, Joe Mack Wilson, who, on oath, deposes and says that they are Representatives from Cobb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Marietta Daily Journal, which is the official organ of said county, on the following dates: January 5, 12, and 19, 1962. /s/ E. W. Teague, Joe Mack Wilson, Harold S. Willingham, Representatives, Cobb County, Georgia. Sworn to and subscribed before me, this the 31st day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires March 17, 1964. (Seal). Approved February 27, 1962. CITY OF AUGUSTAOVERHEAD PASSAGEWAY ACROSS ELLIS STREET. No. 679 (House Bill No. 1268). An Act to amend the city charter of Augusta, incorporated as the city council of Augusta (Ga. L. 1798), as amended by various amendatory Acts thereof, so as to provide that the mayor and council shall have the power and authority to grant to the Barringer Corporation the right to erect an overhead passageway across Ellis Street between Albion Avenue and Eighth Street; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. The city charter of Augusta, incorporated as the city council of Augusta (Ga. L. 1798), as amended by various amendatory Acts thereof, is hereby amended by adding thereto the following: The mayor and city council shall have the power and authority to grant to the Barringer Corporation the right to erect an overhead passageway across Ellis Street between Albion Avnue and Eighth Street, upon such terms and conditions as they may fix so long as the structure will not interfere with the present or future requirements for public purposes or public utility purposes. 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, 1962, session of the General Assembly of Georgia, a bill to amend the city charter of Augusta so as to authorize the mayor and city council to permit the Barringer Corporation to erect an overpass across Ellis Street between Albion Avenue and Eighth Street; and for other purposes. This 17th day of January, 1962. /s/ Carl E. Sanders. Senator, 18th District. /s/ William M. Fleming, Jr. Representative, Richmond County, Georgia. /s/ James M. Hull, Jr. Representative, Richmond County, Georgia. /s/ J. B. Fuqua. Representative, Richmond County, Georgia.
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James M. Hull, Jr., who, on oath, deposes and says that he is Representative from Richmond County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Augusta Herald, which is the official organ of said county, on the following dates: January 17, 24, and 31, 1962. /s/ James M. Hull, Jr. Representative, Richmond County, Georgia. Sworn to and subscribed before me, this the 9th day of February, 1962. /s/ Janette Hirsch, Notary Public, Georgia State at Large, My Commission Expires October 6, 1964. (Seal). Approved February 27, 1962. CITY OF MANCHESTERGROUP INSURANCE FOR EMPLOYEES, REFERENDUM. No. 681 (House Bill No. 1224). An Act to amend an Act incorporating the City of Manchester approved August 16th, 1909 (Ga. L. 1909, p. 1071) and Acts amendatory thereof, by adding a section to said charter as amended, so that said city, through its governing authority, may be authorized to provide group or other insurance for the benefit of its employees, to collect from its employees, for remittance to insurance companies, premiums for such insurance, and to contribute to the payment of such insurance premiums; 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. The Act of the General Assembly of Georgia amending the charter of the City of Manchester, approved August 20, 1923 (Ga. L. 1923, p. 739 et seq.) is amended by adding thereto section as follows: Section 26. Said City of Manchester, through its governing authority, shall have full power and authority to provide group or other insurance for the benefit or protection of its employees, and shall have full power and authority to collect from its employees, for remittance to insurance companies, premiums for such insurance benefits or protection, and said city shall have full power and authority to contribute from the funds of said city any part of the premiums for such insurance benefits or protection. The word `employees' as used in this section may include all persons performing services for said city, whether or not they are receiving salaries or other compensation. Group insurance. Section 2. If any section, portion or provision of this Act should be declared invalid or unconstitutional, the remaining sections, portions and provisions thereof shall not be affected thereby, but said remaining sections, portions and provisions shall be and remain in full force and effect. Severability. Section 3. This Act shall not become effective until the same shall be approved in a referendum election to be held on the fourth Wednesday following the passage and approval of this Act. Such referendum election shall be held under the same rules and regulations governing the election of officers of the City of Manchester, at which election there shall be submitted to the qualified voters of the City of Manchester, the question of approval of this Act. There shall be printed on said ballots the following: (.....) For ratification of an Act, so as to authorize the governing authority of the City of Manchester to provide group or other insurance for the benefit of its employees. Referendum. (.....) Against ratification of an Act, so as to
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authorize the governing authority of the City of Manchester to provide group or other insurance for the benefit of its employees. Those persons wishing to vote in favor of approval of this Act shall so indicate by making a mark in the block opposite For ratification of an Act, so as to authorize the governing authority of the City of Manchester to provide group or other insurance for the benefit of its employees. Those persons wishing to vote against approval of this Act shall so indicate by making a mark in the block opposite Against ratification of an Act, so as to authorize the governing authority of the City of Manchester to provide group or other insurance for the benefit of its employees. If a majority of the votes cast in such referendum election shall be against approval of this Act then this Act shall be void and of no effect. If a majority of the votes cast in such referendum election shall be in favor of the approval of this Act then the same shall become effective as a part of the charter of the City of Manchester. The clerk of the City of Manchester shall certify the results of such referendum election to the Secretary of State for filing with the enrolled copy of this Act. Section 4. All laws and parts of law in conflict herewith be and the same are hereby repealed. Georgia, Meriwether County. Legal Notice. Legislation to be Sought. Notice is hereby given that legislation will be sought at the January 1962 session of the General Assembly of Georgia to amend the charter of the City of Manchester. Such legislation may be any provision within the power of legislature to enact. Personally appeared before the undersigned officer authorized by law to administer oaths Mrs. R. K. Stovall who being duly sworn says on oath that she is the publisher of
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the Meriwether Vindicator, Greenville, Mirewether County, Georgia, and that the Meriwether Vindicator is the legal organ of Meriwether County, Georgia, and is the newspaper in which sheriff's advertisements for Meriwether County are published; that the foregoing and attached notice of intention to apply for local legislation was published in said Meriwether Vindicator on the following dates: January 4th, 1962, January 11th, 1962 and January 18th, 1962. /s/ Mrs. R. K. Stovall Sworn to and subscribed before me this 24 day of January, 1962. /s/ John Head Ordinary, Meriwether County. (Seal). Approved February 27, 1962. ELBERT COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 683 (House Bill No. 1255). An Act to amend an Act placing the clerk of the superior court and the ordinary of Elbert County on a salary basis in lieu of a fee basis, approved March 10, 1959 (Ga. L. 1959, p. 2624), so as to provide for a change in the salary of the clerk of the superior court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the superior court and the ordinary of Elbert County on a salary basis in lieu of a fee basis, approved March 10, 1959 (Ga. L. 1959, p. 2624), is hereby amended by striking from section 1 of said Act the words and figures six thousand ($6,000.00) dollars and inserting in lieu thereof the words and figures
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seven thousand ($7,000.00) dollars, so that when so amended said section 1 shall read as follows: Section 1. The clerk of the superior court of Elbert County shall be compensated in the amount of seven thousand ($7,000.00) dollars per annum, payable monthly from the funds of Elbert County. All expenses of operating the office of the clerk of the superior court of Elbert County, including personnel, shall be borne and paid for out of the funds of Elbert County. Said office expenses shall be determined by the grand jury in session when the salary basis becomes effective based upon recommendations of the clerk of the superior court and the commissioner of roads and revenues. The clerk of the court shall be responsible for the employment of the necessary personnel to operate such office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce in the 1962 General Assembly of Georgia, a bill to amend the Act placing the Clerk of the Superior Court of Elbert County, Georgia, on a salary of $6,000 per year, to increase salary of said official to $7,000 per annum. This 23rd day of January, 1962. Dr. J. H. Miller, Representative from Elbert County to the General Assembly of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dr. J. H. Miller, who, on oath, deposes and says that he is Representative from Elbert County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published
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in The Elberton Star, which is the official organ of said county, on the following dates: Jan. 23 30, Feb. 6, 1962. /s/ J. H. Miller Representative, Elbert County Sworn to and subscribed before me this 8th day of February, 1962. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved February 27, 1962. COWETA COUNTYPENSION AND RETIREMENT ACT AMENDED. No. 684 (House Bill No. 1204). An Act to amend an Act known as the Coweta County Pension and Retirement Pay Act approved February 1, 1949 (Ga. L. 1949, p. 30), as amended by an Act approved February 8, 1950 (Ga. L. 1950, p. 2155), so as to provide only those employees of Coweta County who are entitled to participate in the pension and retirement program of Coweta County at the time this bill becomes effective shall be entitled to participate in the pension and retirement program of Coweta County; to provide that the Coweta County pension and retirement law shall not apply to persons employed by Coweta County from and after the passage of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Coweta County Pension and Retirement Pay Act approved February 1, 1949 (Ga. L. 1949, p. 30), as amended by an Act approved February
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8, 1950 (Ga. L. 1950, p. 2155), is hereby amended to provide that from and after the passage of this Act only those employees of Coweta County who are entitled to participate in the pension and retirement program of Coweta County at the time this bill becomes effective shall be entitled to participate in the pension and retirement program of Coweta County. Repealed in part. Section 2. Said Act is further amended so as to provide that the Coweta County pension and retirement law shall not apply to persons thereafter employed by Coweta County. New employees. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Georgia, Coweta County. By order of the board of commissioners of roads and revenue, Coweta County, Georgia, notice is hereby given that there will be introduced at the 1962 General Assembly of Georgia a bill to amend the Coweta County Employee's Pensions and Retirement Pay Act, Georgia Laws 1949, page 30, as amended by Georgia Laws 1950, page 2155, so as to confine the Act to those employees entitled to participate in the pension and retirement program at the time of the effective date of said bill and to make the Coweta County pension and retirement law inapplicable to persons employed by Coweta County thereafter. This 10th day of January, 1962. Henry N. Payton, Representative, Coweta County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry N. Payton, who, on oath, deposes and says that he is Representative from Coweta County, and that the attached copy of Notice
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of Intention to Introduce Local Legislation was published in the Newton Times Herald, which is the official organ of said County, on the following dates: Jan. 18 25, Feb. 1, 1962. /s/ Henry N. Payton Representative, Coweta County Sworn to and subscribed before me this 7th day of February, 1962. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved February 27, 1962. TOWN OF LOCUST GROVECORPORATE LIMITS, REFERENDUM. No. 685 (House Bill No. 1139). An Act to amend an Act which chartered the Town of Locust Grove, approved August 19, 1922 (Ga. L. 1922, p. 885), so as to change the corporate limits of said town; 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 which chartered the Town of Locust Grove, approved August 19, 1922 (Ga. L. 1922, p. 885), is hereby amended by striking section 2 of said Act in its entirety and inserting in lieu thereof the following: Section 2. Be it further enacted that the corporate limits of said town shall embrace the territory contained in the following described limits; to-wit: Beginning at a point directly in front of Southern Railway depot dividing equally
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the cupola of said depot and running in a northerly direction one and one-half miles along the middle of right of way of said railroad; and beginning at same point and running in a southerly direction along the middle of right of way of said railroad one mile; limits of said town shall also embrace all lands one-half mile east and west of right of way of said railroad, one and one-half miles north and one mile south of said point at said depot. Corporate limits. Section 2. Not less than 20 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor of the Town of Locust Grove, Henry County, to issue the call for an election for the purpose of submitting this Act to the voters of the area to be annexed for approval or rejection. The mayor shall set the date of such election for a day not less than 20 nor more than 30 days after the date of the issuance of the call. The mayor shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Henry County. The ballot shall have written or printed thereon the words: For approval of the Act for the extension of the city limits of Locust Grove. Referendum. Against approval of the Act for the extension of the city limits of Locust Grove. 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 Town of Locust Grove, Henry County. It shall be the duty of the mayor to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein.
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It shall be the duty of the mayor to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1962 session of the General Assembly of Georgia, a bill to change the corporate limits of the Town of Locust Grove; to provide for referendum; and for other purposes. This 3rd day of January, 1962. Edward E. McGarity Representative, Henry County 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. 4, 11, 18, 1962. /s/ Edward E. McGarity Representative, Henry County Sworn to and subscribed before me this 5th day of February, 1962. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved February 27, 1962.
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CITY OF WEST POINTGROUP INSURANCE. No. 687 (House Bill No. 1159). An Act to amend an Act entitled An Act to create a new charter for the City of West Point, in the County of Troup, approved December 13, 1900 (Ga. L. 1900, p. 474), and the several Acts amendatory thereof, so as to authorize the City of West Point to provide any type of group insurance, including life, sickness, accident, hospitalization, pension plan through annuity insurance coverage, annuity, and similar insurance coverage for all regular employees of said city and their dependents; to provide that said City of West Point may contract therefor with any insurance company authorized to transact business within the State of Georgia; to provide for the payment of premiums by the City of West Point and by such city employees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create a new charter for the City of West Point, in the County of Troup, approved December 13, 1900 (Ga. L. 1900, p. 474), as amended, is hereby amended by adding at the end thereof four new sections to be numbered sections 54, 55, 56 and 57, and to read as follows: Section 54. The City of West Point is hereby authorized to provide any type of group insurance, including life, sickness, accident, hospitalization, pension plan through annuity insurance coverage, annuity, and similar insurance coverage, for all regular employees of said city and their dependents. Group insurance. Section 55. In connection therewith, the City of West Point may enter into contracts of insurance with any insurance company authorized to transact business within the State of Georgia. Section 56. Participation in such group insurance by
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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. Section 57. The City of West Point 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 of 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 or to an agent of such company. 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 of the intention to apply to the General Assembly of Georgia, at its session beginning in January, 1962, for the enactment of a local bill to amend an Act entitled, An Act to create a new charter for the City of West Point, in the County of Troup, approved December 13, 1900 (Ga. L. 1900, p. 474), and the several Acts amendatory thereof, so as to authorize the City of West Point to provide any type of group insurance, including life, sickness, accident, hospitalization, pension plan through annuity insurance coverage, annuity, and similar insurance coverage for all regular employees of said city and their dependents; to provide that said City of West Point 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
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of West Point and by such city employees; and for other purposes. City of West Point /s/ By Thomas Morgan, Mayor /s/ Attest, John F. Meadors Clerk Georgia, Harris County. Before me the undersigned officer duly authorized by law to administer oaths, personally appeared Johnston C. Woodall, publisher of the Harris County Journal, the official organ of Harris County, Georgia and the newspaper published in Harris County, Georgia, wherein sheriff's sales are advertised and which has a general circulation in Harris County, who, first being duly sworn, on oath states that the above and foregoing notice of intention to apply for passage of local legislation was published in the Harris County Journal in its issues of January 11th, 18th and January 25th, 1962. /s/ Johnston C. Woodall 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, 1962, for the enactment of a local bill to amend an Act entitled, An Act to create a new charter for the City of West Point, in the County of Troup, approved December 13, 1900 (Ga. L. 1900, p. 474), and the several Acts amendatory thereof, so as to authorize the City of West Point to provide any type of group insurance, including life, sickness, accident, hospitalization, pension plan through annuity insurance coverage, annuity, and similar insurance coverage for all regular employees of said city and their dependents; to provide that said City of West Point 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
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of West Point and by such city employees; and for other purposes. City of West Point /s/ By Thomas Morgan /s/ Attest, John F. Meadors Sworn to and subscribed before me, this 31 day of January, 1962. /s/ Stanley E. Lewis Notary Public, Harris County, Georgia. My Commission Expires January 18, 1964. (Seal). 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, 1962, for the enactment of a local bill to amend an Act entitled, An Act to create a new charter for the City of West Point, in the County of Troup, approved December 13, 1900 (Ga. L. 1900, p. 474), and the several Acts amendatory thereof, so as to authorize the City of West Point to provide any type of group insurance, including life, sickness, accident, hospitalization, pension plan through annuity insurance coverage, annuity, and similar insurance coverage for all regular employees of said city and their dependents; to provide that said City of West Point 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 West Point and by such city employees; and for other purposes. City of West Point /s/ By Thomas Morgan, Mayor /s/ Attest, John F. Meadors, Clerk Georgia, Troup County. Before me, the undersigned officer, duly authorized by law to administer oaths, personally appeared Glen I. Long,
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publisher of LaGrange Daily News, the official organ of Troup County, Georgia and the newspaper published in Troup County, Georgia, wherein sheriff's sales are advertised and which has a general circulation in Troup 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 LaGrange Daily News in its issues of Jan. 12, 19 and Jan. 26, 1962. /s/ Glen I. Long 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, 1962, for the enactment of a local bill to amend an Act entitled, An Act to create a new charter for the City of West Point, in the County of Troup, approved December 13, 1900 (Ga. L. 1900, p. 474), and the several Acts amendatory thereof, so as to authorize the City of West Point to provide any type of group insurance, including life, sickness, accident, hospitalization, pension plan through annuity insurance coverage, annuity, and similar insurance coverage for all regular employees of said city and their dependents; to provide that said City of West Point 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 West Point and by such city employees; and for other purposes. City of West Point By Thomas Morgan Attest, John F. Meadors Sworn to and subscribed to before me, this 26th day of January, 1962. /s/ Eleanor H. Orr Notary Public, Troup County, Georgia. My Commission expires November 17, 1965. (Seal). Approved February 27, 1962.
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MARION COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 688 (House Bill No. 1123). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Marion County into the one office of tax commissioner of Marion County, approved August 11, 1925 (Ga. L. 1925, p. 702), as amended, particularly by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2805), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of Marion County into the one office of tax commissioner of Marion County, approved August 11, 1925 (Ga. L. 1925, p. 702), as amended, particularly by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2805), is hereby amended by striking from section 2 the words and figures twenty-seven hundred ($2700.00) dollars and inserting in lieu thereof the words and figures five thousand ($5,000.00) dollars, so that when so amended section 2 shall read as follows: Section 2. Be it further enacted by the authority of the same, that said tax commissioner as aforesaid shall perform all the duties which are now performed by the tax receiver and tax collector of Marion County and shall receive as compensation therefor the sum of five thousand ($5,000.00) dollars per annum, the same to be paid in monthly installments, and the county commissioners of roads and revenues of Marion County are hereby authorized to levy and collect a tax upon all the property of said county sufficient to pay said salary so fixed. Section 2. This Act shall become effective April 1, 1962. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice. At the recommendation of the Marion County board of county commissioners, it is my intent to introduce in the General Assembly a bill to increase the salary of the tax commissioner of Marion County. E. C. Stevens Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. C. Stevens, who, on oath, deposes and says that he is Representative from Marion County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marion County Patriot, which is the official organ of said county, on the following dates: January 4th, 11th and 18th, 1962. /s/ E. C. Stevens Representative, Marion County Sworn to and subscribed before me this 2nd day of February, 1962. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved February 27, 1962.
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CITY COURT OF COLQUITT COUNTYJUDGE'S SALARY. No. 689 (House Bill No. 1154). An Act to amend an Act entitled An Act to create and establish the City Court of Colquitt County in and for the County of Colquitt; to provide the place and times of holding said court; to define its jurisdiction, powers, procedure and practice; to provide for a judge, solicitor, and other officers of said court, define their qualifications, powers, and duties, and provide for their compensation; to provide for pleading and practice therein, writs of error therefrom; and for other purposes., approved August 7, 1931 (Ga. L. 1931, p. 293), as amended, particularly by an Act approved March 24, 1939 (Ga. L. 1939, p. 455), by an Act approved February 1, 1950 (Ga. L. 1950, p. 2029) and by an Act approved February 15, 1957 (Ga. L. 1957, p. 2151), so as to change the salary of the Judge of the City Court of Colquitt 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 create and establish the City Court of Colquitt County in and for the County of Colquitt; to provide the place and times of holding said court; to define its jurisdiction, powers, procedure and practice; to provide for a judge, solicitor, and other officers of said court, define their qualifications, powers, and duties, and provide for their compensation; to provide for pleading and practice therein, writs of error therefrom; and for other purposes., approved August 7, 1931 (Ga. L. 1931, p. 293), as amended, particularly by an Act approved March 24, 1939 (Ga. L. 1939, p. 455), by an Act approved February 1, 1950 (Ga. L. 1950, p. 2029) and by an Act approved February 15, 1957 (Ga. L. 1957, p. 2151), is hereby amended by striking from section 10 the following language: The Judge of said City Court shall receive a salary of four thousand two hundred ($4200.00) dollars per annum. and inserting in lieu thereof the following language:
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The Judge of said City Court shall receive a salary of four thousand eight hundred ($4800.00) dollars per annum,. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Colquitt County. Personally appeared before the undersigned officer, by law authorized to administer oaths, David Newton, who after being duly sworn in a manner required by law, deposes and says, that he is Representative from Colquitt County, Georgia, and that the attached copy of Notice was published in the Weekly Moultrie Observer which is the official county organ, on the following dates, January 19th, January 26th, and February 2nd, 1962. /s/ David Newton Representative, Colquitt County, Georgia Sworn to and subscribed before me this 6th day of February, 1962. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Notice. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of a local bill, captioned, which is as follows: An amendment to an Act entitled `An Act to establish the City Court of Colquitt County, in and for the County of Colquitt, approved Aug. 7, 1931, and Acts amendatory thereof', to provide for a change in the salary of the Judge of the City Court of Colquitt County and the Solicitor of said Court and for other purposes.
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This 15th day of January, 1962. David Newton Dorsey Matthews Sam J. Gardner, Jr. Approved February 27, 1962. CITY OF ROMEPUBLIC TRANSPORTATION SYSTEM. No. 690 (House Bill No. 965). An Act to amend the Act approved August 19, 1918 (Ga. L. 1918, pp. 813-885) creating a new charter and municipal government for the City of Rome, as amended, by authorizing the City of Rome to operate a public transportation system within the City of Rome and environs and such other places as authorized by the Georgia Public Service Commission; to authorize the City of Rome to create a separate department for the operation of said system; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the Act approved August 19, 1918 (Ga. L. 1918, pp. 813-885) creating a new charter and municipal government for the City of Rome, as amended, be and the same is hereby amended by providing that the City of Rome is hereby authorized and empowered to operate the public transportation system within the City of Rome and environs and such other places as approved by the Georgia Public Service Commission. Section 2. That said charter of the City of Rome be further amended by providing that the City of Rome is hereby authorized and empowered to create a separate department within the city government to operate said public transportation
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system under the direction and control of the Rome City Commission. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Section 4. The affidavit and notice hereto attached is made a part of this bill, and reference is made thereto. Georgia, Floyd County. Personally appeared before the undersigned officer authorized to administer oaths, came J. Battle Hall, Sidney Lowrey, and Robert L. Scoggin, who, on oath, say that they are members of the General Assembly from Floyd County, Georgia, and are the authors of the local bill to which this affidavit is attached; and that a notice of the intention to apply for the legislation outlined in said bill has been published in the Rome News Tribune, a newspaper in which the sheriff's advertisements for the locality affected by said bill are published, once a week for three weeks during the period of sixty days immediately preceding its introduction into the General Assembly; and that the copy of said notice as published in said paper is hereto attached and made a part of this bill; and that said notice was published as provided by law. This 30 day of January, 1962. /s/ J. Battle Hall Sworn to and subscribed before me, this 30th day of January, 1962. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 19, 1964. (Seal). Notice of Intention to Ask Legislature. To the People of Rome and Floyd County, Georgia: In the General Assembly of Georgia, for the year 1962, a bill will be introduced to amend the Charter of the City
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of Rome, Georgia Laws 1918, pp. 813-885, as amended, so as to provide that the City of Rome be authorized to operate and create a separate department of the City to operate the public transportation system within the City of Rome and Floyd County. This notice is given in compliance with the Constitution of the State of Georgia, as amended in 1945. This 26th day of December, 1961. /s/ J. Battle Hall /s/ Sidney Lowrey /s/ Robert L. Scoggin Floyd County Representatives. Approved February 27, 1962. CITY OF COLUMBUSTAX RATE. No. 692 (House Bill No. 1279). An Act to amend an Act approved March 6, 1945 (Ga. L. 1945, No. 193) relating to ad valorem taxes for the purpose of paying ordinary current expenses of the City of Columbus, by striking section one (1) therefrom which sets a limitation on ad valorem taxes for the purpose of paying ordinary current expenses of the City of Columbus at eight (8) mills annually, and substituting in lieu thereof a new section one (1) authorizing the City of Columbus, for the purpose of paying the ordinary current expenses of the City of Columbus as such term ordinary current expenses is defined in section 92-4102 of the Georgia Code of 1933, to levy an ad valorem tax upon all property within the City of Columbus subject to taxation under the Laws of Georgia, such ad valorem tax not to exceed ten (10) mills for the year 1963 and annually thereafter; 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, as follows: Section 1. That the Act approved March 6, 1945 (Ga. L. 1945, No. 193) relating to ad valorem taxes for the purpose of paying ordinary current expenses of the City of Columbus, Georgia, be, and the same is hereby amended by striking therefrom section one (1) in its entirety, and substituting a new section one (1) to read as follows: For the purpose of paying the ordinary current expenses of the City of Columbus, Georgia, as such term ordinary current expenses is defined in section 92-4102 of the Georgia Code of 1933, said city is hereby empowered and authorized to levy and collect, under any new ordinance or by amendment to existing ordinance, an ad valorem tax upon all property within said city subject to taxation under the laws of Georgia, said levy not to exceed ten (10) mills upon the value of said property for the year 1963, and ten (10) mills upon the value of said property for each year thereafter. Section 2. That all laws or parts of laws in conflict herewith be, and the same are hereby repealed. Section 3. A copy of the notice of the intention to apply for the passage of this Act as local legislation at the January 1962 session of the General Assembly is attached hereto and made a part hereof, together with an affidavit attesting to the due and proper publication of said notice in accordance with law. 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, 1962, for passage of a bill entitled as follows: An Act to amend an Act approved March 6, 1945 (Ga.
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L. 1945, No. 193) relating to ad valorem taxes for the purpose of paying ordinary current expenses of the City of Columbus, by striking section one (1) therefrom, which sets a limitation on ad valorem taxes for the purpose of paying ordinary current expenses of the City of Columbus at eight (8) mills annually, and substituting in lieu thereof a new section one (1) authorizing the City of Columbus, for the purpose of paying the ordinary current expenses of the City of Columbus, as such term ordinary current expenses is defined in section 92-4102 of the Georgia Code of 1933, to levy an ad valorem tax upon all property within the City of Columbus subject to taxation under the laws of Georgia, such ad valorem tax not to exceed ten (10) mills for the year 1963 and annually thereafter; and for other purposes. This the 3rd day of January, 1962. /s/ Lennie F. Davis City Attorney Georgia, Muscogee County: Personally appeared before me, the undersigned attesting witness, a notary public in and for Muscogee County, Georgia, M. R. Ashworth, who, on oath deposes and says that he is the publisher of the Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia in which the sheriff's advertisements for said County are published; and that the foregoing and attached notice was duly published in said newspaper once a week for three weeks, to-wit: On January 4, 1962, January 11, 1962 and January 18, 1962. /s/ M. R. Ashworth Sworn to and subscribed before me, this the 19 day of January, 1962. /s/ Barbara T. Moss Notary Public, Muscogee County, Georgia. My Commission Expires Feb. 20, 1962. (Seal). Approved February 27, 1962.
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PAULDING COUNTYCOUNTY DEPOSITORY. No. 693 (House Bill No. 1240). An Act to provide for the appointment of a county depository for Paulding County; to provide for the duties thereof; to provide for the deposit of county funds therein and the method of disbursement; to provide for bond and securities to be furnished by said depository; to provide for statements; to provide that the depository shall receive no compensation for services and shall not be required to pay interest; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be the duty of the commissioner of roads and revenues of Paulding County on January 1, 1965, and on January 1st of each succeeding year, to appoint some chartered bank located or doing business in Paulding County as depository of all county funds of Paulding County which are now required to be paid over to the county treasurer. Selection. Section 2. From and after the effective date of this Act all county funds which are now required to be paid over to the county treasurer shall be paid over to the commissioner of roads and revenues of Paulding County and shall be deposited by said commissioner in said county depository. Fees collected. Section 3. Said county depository shall not pay out any of such county funds so deposited except on order or check duly signed by the commissioner of roads and revenues of Paulding County. Payments. Section 4. Said depository shall be selected under such rules and regulations as may be prescribed by the commissioner of roads and revenues of Paulding County. Rules. Section 5. It shall be the duty of the commissioner of roads and revenues to require said depository to pledge and keep on deposit with said commissioner securities to be approved by the commissioner in the face amount of not less
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than fifty per cent of the total amount of county funds on deposit with such depository to secure the faithful performance by said depository of its duties under this Act, and for the safe keeping of all county funds, deposited in said county depository. Said commissioner may, at his discretion, require a surety bond from said depository, in addition to the pledge of such securities, in an amount not to exceeds $20,000.00 for the faithful performance of its duties hereunder, the premium for such bond to be paid out of county funds. The securities herein provided for shall be either obligations of the United States, or of the State of Georgia, or other obligations guaranteed as to principal and interest by the United States of America. Security. Section 6. Said depository shall furnish to the commissioner of roads and revenues at the end of each month a statement showing the amount of funds deposited and paid out during the month, and the balance remaining on deposit together with all cancelled checks paid during said month. Additional statements shall be furnished from time to time upon request of said commissioner. Statements. Section 7. Said depository shall receive no compensation for its services in acting as such depository, and shall not be required to pay any interest on funds deposited under the provisions of this Act. Compensation. 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 1962 session of the General Assembly of Georgia, a bill to set up a depository for the county funds of Paulding County, effective January 1, 1965; and for other purposes. This 24th day of Jan., 1962. J. V. Rogers, Representative, Paulding County. Samuel U. Braly, Senator, 38th District.
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. V. Rogers, who, on oath, deposes and says that he is Representative from Paulding County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era, which is the official organ of said county, on the following dates: 1/25/62, 2/1/62 2/8/62. /s/ J. V. Rogers Representative, Paulding County. Sworn to and subscribed before me this 9 day of Feb., 1962. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved February 27, 1962. CITY OF MANCHESTERAUTHORITY OF CHAIRMAN OF COMMISSIONREFERENDUM. No. 694 (House Bill No. 1223). An Act to amend an Act incorporating the City of Manchester approved August 16, 1909 (Ga. L. 1909, p. 1071), and Acts amendatory thereof, by repealing and striking therefrom the amending Act of said charter approved February 8, 1933 (Ga. L. 1933, p. 1033), and by enacting and inserting in lieu thereof a new section of said charter providing for the powers, authority and duties of the chairman of the board of commissioners for the City of Manchester, and stating, prescribing, defining, redefining, limiting and clarifying the same; 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. The Act of the General Assembly of Georgia amending the charter of the City of Manchester approved February 8, 1933 (Ga. L. 1933, p. 1033), is hereby repealed in its entirety and there is hereby enacted in lieu thereof the following: Section 10. The power and authority of the chairman of said commission, as such, shall be limited to routine presiding at all meetings of the board of commissioners for the City of Manchester at which he may be present, and to the preservation of order at the same, under such rules and regulations as the commission shall by ordinance or resolution, from time to time, prescribe; and the said chairman shall perform such other duties and functions as the said commission shall, from time to time, ordain or resolve. The commission shall elect a vice-chairman who, in the absence, sickness or disqualification of the chairman shall be clothed with the same power and authority, and perform the same duties and functions, as vested in and imposed upon the chairman as aforesaid. Authority. Section 2. This Act shall not become effective until the same shall be approved in a referendum election to be held on the fourth Wednesday following the passage and approval of this Act. Such referendum election shall be held under the same rules and regulations governing the election of officers of the City of Manchester, at which election there shall be submitted to the qualified voters of the City of Manchester, the question of approval of this Act. There shall be printed on said ballots the following: (.....) For ratification of an Act providing for the powers, authority and duties of the Chairman of the Board of Commissioners for the City of Manchester. Referendum. (.....) Against ratification of an Act providing for the powers, authority and duties of the Chairman of the Board of Commissioners for the City of Manchester. Those persons wishing to vote in favor of approval of this Act shall so indicate by making a mark in the block
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opposite For ratification of an Act providing for the powers, authority and duties of the Chairman of the Board of Commissioners for the City of Manchester. Those persons wishing to vote against approval of this Act shall so indicate by making a mark in the block opposite Against ratification of an Act providing for the powers, authority and duties of the Chairman of the Board of Commissioners for the City of Manchester. If a majority of the votes cast in such referendum election shall be against approval of this Act then this Act shall be void and of no effect. If a majority of the votes cast in such referendum election shall be in favor of the approval of this Act then the same shall become effective as a part of the charter of the City of Manchester. The clerk of the City of Manchester shall certify the results of such referendum election to the Secretary of State for filling with the enrolled copy of this Act. Section 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Georgia, Meriwether County. Legislation to be Sought. Notice is hereby given that legislation will be sought at the January 1962 session of the General Assembly of Georgia to amend the Charter of the City of Manchester. Such legislation may be any provision within the power of legislature to enact. Personally appeared before the undersigned officer authorized by law to administer oaths Mrs. R. K. Stovall who being duly sworn says on oath that she is the publisher of the Meriwether Vindicator, Greenville, Meriwether County, Georgia, and that the Meriwether Vindicator is the legal organ of Meriwether County, Georgia, and is the newspaper in which sheriff's advertisements for Meriwether County are published; that the foregoing and attached notice of intention to apply for local legislation was published in
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said Meriwether Vindicator on the following dates: January 4th, 1962, January 11th, 1962 and January 18th, 1962. /s/ Mrs. R. K. Stovall Sworn to and subscribed before me this 24 day of January, 1962. /s/ John Head, Ordinary of Meriwether County. (Seal). Approved February 27, 1962. ACT CREATING SMALL CLAIMS COURTS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 34,225 AND NOT MORE THAN 34,500 PERSONS AMENDED. No. 695 (House Bill No. 733). An Act to amend an Act creating a small claims court in certain counties in this State, approved March 7, 1957 (Ga. L. 1957, p. 2635), as amended by an Act approved March 21, 1958 (Ga. L. 1958, p. 2925), and by an Act approved March 7, 1961 (Ga. L. 1961, p. 3215), so as to provide for service of notice by certified mail; to provide for one or more bailiffs of and for said small claims courts; 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 7, 1957 (Ga. L. 1957, p. 2635), as amended by an Act approved March 21, 1958, (Ga. L. 1958, p. 2925), and by an Act approved March 7, 1961 (Ga. L. 1961, p. 3215), is hereby amended by striking section 6 in its entirety and in lieu thereof inserting the following:
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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 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. Procedure. (a) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by any official or person authorized by law to serve process in circuit courts; or by certified mail 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 certified or registered mail, the clerk shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant, at his last known address, prepay the postage from the filing fee hereinafter provided for, mail the same forthwith, noting on the record the day and hour of mailing. If such receipt is returned, the clerk shall attach the same to the original statement of claim, and it shall be prima facies evidence of service upon the defendant. (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,
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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 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 certified or by registered mail the date of mailing shall be the date of service. Section 2. Said Act is further amended by adding a new section thereto to be known as section 12A to read as follows: Section 12A. The judge of such court shall have power to appoint one or more bailiffs of and for said Small Claims Court, to act within and throughout the limits of the county, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said Small Claims Court, with power, also, to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in section 24-804 and give the bond prescribed in section 24-811 of the Code of Georgia, and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this State. Bailiffs. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1962.
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CITY OF MONROECAPITAL IMPROVEMENTS FROM UTILITY RECEIPTS. No. 697 (House Bill No. 963). An Act to amend an Act creating a new charter for the City of Monroe, approved December 3, 1896 (Ga. L. 1896, p. 212), as amended, particularly by an Act approved August 13, 1904 (Ga. L. 1904, p. 542), an Act approved August 24, 1931 (Ga. L. 1931, p. 903), and an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2489), so as to establish a reserve capital improvement fund out of the water, light and gas receipts; to provide for the administering of such fund; 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 Monroe, approved December 3, 1896 (Ga. L. 1896, p. 212), as amended, particularly by an Act approved August 13, 1904 (Ga. L. 1904, p. 542), an Act approved August 24, 1931 (Ga. L. 1931, p. 903), and an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec., Sess., p. 2489), is hereby amended by adding a new section to the said amendatory Act of 1904, to be number 4-B, to read as follows: Section 4-B. A capital improvement fund is hereby created. Such fund is created out of the revenue of the water, gas and light system, and is to be kept separate from all other funds of the City of Monroe. Such fund shall consist of seven (7) per cent of the gross revenue received per month from sewerage service charge or assessment and the sale of water, electricity and natural gas; provided, however, that such fund shall never exceed forty (40) per cent of the previous calendar year's gross receipts. The fund shall be administered and controlled solely by the Water, Light and Gas Commission. Said commission shall have the right, at its discretion, to appropriate all or any part of the fund in making improvements, repairing, altering, and enlarging all facilities or utilities, as in their judgment they may determine necessary.
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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. Notice is hereby given that a bill will be introduced at the January 1962 session of the General Assembly of Georgia, to amend the charter of the City of Monroe, Georgia, so as to provide for the establishment of a capital improvement fund out of the sewerage service, water, light and gas receipts. This fund is to be administered solely by the Water, Light and Gas Commission. This the 26th day of December, 1961. 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 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 December 27, 1961; January 3, 1962 and January 10, 1962. /s/ Sanders Camp Sworn to and subscribed before me, this 23 day of January, 1962. /s/ Virginia A. Bagwell, Notary Public, Walton County, Georgia. (Seal). Approved February 27, 1962.
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BIBB COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 698 (House Bill No. 1048). An Act to amend an Act entitled An Act to establish a county board of commissioners for the County of Bibb, to define their duties, and for other purposes therein named, which Act was approved February 6, 1873 (Ga. L. 1873, p. 219), and as said Act described has been subsequently amended or re-enacted; to provide compensation for the several commissioners of Bibb County at the rate of twenty-four hundred dollars per annum in lieu of fifteen hundred dollars per annum as provided by an amendatory Act of 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2230); and to provide for the payment monthly of such salaries out of the county treasury of Bibb County, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That, from and after the passage of this Act, an Act entitled An Act to establish a county board of commissioners for the County of Bibb, to define their duties, and for other purposes therein named, which Act was approved February 6, 1873 (Ga. L. 1873, p. 219), and as said Act has heretofore been amended or re-enacted, including an Act approved February 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2230), be and the same is hereby amended by striking from section VII of said described Act as originally enacted or subsequently amended or re-enacted any previous figure of compensation for said commissioners and substituting, in lieu of such compensation figures so stricken, the words twenty-four hundred dollars, so that said section VII, as amended and re-enacted hereby, shall read: That it shall require three of said commissioners to constitute a quorum for the transaction of business, and three must concur to pass any order or decree. Each of said commissioners shall be entitled to a salary at the rate of
Page 2431
twenty-four hundred dollars per annum for their services as county commissioners during their continuance in office to be paid out of the treasury of said county upon warrant drawn by said board or a majority thereof. Section 2. Be it further enacted by the authority aforesaid that the compensation of each of said members shall, for the period beginning on the first day of the calendar month after passage of this Act, be at the rate of twenty-four hundred dollars per annum payable monthly out of the treasury of said county. 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. Public Notice. Please take notice of the intention of the undersigned, and in accord with the recommendation of the grand jury of Bibb County, to apply to the General Assembly of Georgia, and at its ensuing session, for passage and approval of legislation increasing the salary of each member of the county board of commissioners for the County of Bibb to the sum of $2,400.00 per annum. Ellsworth Hall, Jr., Attorney for Bibb County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Richard B. Thornton, J. Taylor Phillips and Phil Taylor, who, on oath, depose and say that they are Representatives 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
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dates: December 23, 1961, December 30, 1961 and January 6, 1962. /s/ Richard B. Thornton, Representative, Bibb County /s/ J. Taylor Phillips Representative, Bibb County /s/ Phil Taylor Representative, Bibb County Sworn to and subscribed before me, this 30th day of January, 1962. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved February 27, 1962. CITY OF UNADILLAAUTHORITY TO ABANDON DESCRIBED ALLEY. No. 699 (House Bill No. 746). An Act to amend an Act found in Georgia Laws 1920, at pages 1705 to 1750, inclusively, creating a charter for City of Unadilla, so as to empower governing authorities of mayor and city council of Unadilla to close, abandon and vacate the platted passageway or alley lying immediately south of lot, or sublot, No. 36 of and in block A delineated in subdivision plat of Mrs. Ida Leggitt home-place located in city of Unadilla appearing of record in clerk's office, Dooly Superior Court, in its plat record No. 1, at pages 78 and 79, and to disclaim unto J. E. Scott and John William Scott without requirement of consideration the same, and for other purposes therein-mentioned.
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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act of the General Assembly approved 10 August 1920, found in Georgia Laws 1920, published by authority, at pages 1705 to 1750, inclusively, creating a new charter for the city of Unadilla, as heretofore amended, be, and the same hereby is, amended as follows: Section 1. The mayor and aldermen, being the governing authorities, of the municipality, mayor and city council of Unadilla, are hereby empowered by the adoption of ordinance or resolution to close, abandon and vacate the platted passageway or alley lying immediately south of lot, or sublot, No. 36 of and in block A delineated in subdivision plat of Mrs. Ida Leggitt homeplace located in city of Unadilla appearing of record in clerk's office, Dooly Superior Court, in its plat record No. 1, at pages 78 and 79, and by the adoption of ordinance or resolution to disclaim without requirement of consideration unto J. E. Scott and John William Scott the same. Section 2. All laws in conflict with this enactment are hereby repealed to the extent of the conflict. Section 3. Attached hereto as an annexure and made a part of this enactment is copy of the notice to apply for the local legislation herein, certified by the publisher of the newspaper in which the sheriff's advertisements for the locality affected are published, in terms of Article III., Section VII., Paragraph XV., of the Constitution of the State of Georgia. Notice is, as provided by Constitution of State of Georgia, hereby given this, 27 December 1961, of intention to apply at approaching session of General Assembly for passage of bill to be entitled An Act to amend an Act found in Georgia Laws 1920, at pages 1705 to 1750, inclusively, creating a charter for city of Unadilla, so as to empower governing authorities of mayor and city council of Unadilla to close, abandon and vacate the platted passageway or alley lying immediately south of lot, or sublot, No. 36 of and in block A delineated in subdivision plat of Mrs. Ida Leggitt, home-place
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property located in city of Unadilla appearing of record in clerk's office, Dooly Superior Court, in its plat record No. 1, at pages 78 and 79, and to disclaim unto J. E. Scott and John William Scott without requirement of consideration the same, and for other purposes therein-mentioned T. I. Sangster, Representative from Dooly County. Affiant herein, namely: Mrs. Madge H. Methvin, personally and voluntarily appeared before the undersigned authority empowered to administer oaths and being first duly sworn on oath says on oath that she, the affiant, is the editor and publisher of Vienna News, a weekly newspaper published in, and being the official organ of, Dooly County, Georgia, that at the request of T. I. Sangster being Representative in General Assembly from Dooly County the notice relative to local legislation (whereof a full, true, exact and perfect copy is herewith shown) was duly and in terms of law published in the issues dated respectively 28 December 1961, 4 January 1962, and 11 January 1962, of the within named Vienna News, and that she has personal knowledge of the within-averred facts. /s/ Mrs. Madge H. Methvin Taken, sworn to and subscribed before me, in Dooly County, Georgia, this, 12 January 1962: as witness my signature officially with my notarial seal. /s/ Roy B. Friedin, Commercial Notary Public, Dooly County, Georgia: Commission is in force to 29 April 1962. (Seal). Approved February 27, 1962.
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TOWN OF WATKINSVILLEELECTIONS. No. 700 (House Bill No. 1010). An Act to amend an Act reincorporating the Town of Watkinsville, approved August 29, 1891 (Ga. L. 1890-91, Vol. II, p. 720), as amended, particularly by an Act approved February 15, 1957 (Ga. L. 1957, p. 2134), so as to change the time for holding the town election; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act reincorporating the Town of Watkinsville, approved August 29, 1891 (Ga. L. 1890-91, Vol. II, p. 720), as amended, particularly by an Act approved February 15, 1957 (Ga. L. 1957, p. 2134), is hereby amended by striking from section V the word December and inserting in lieu thereof the word September, so that when so amended section V shall read as follows: Section V. Be it further enacted, That there shall be an election held in said town on the third Wednesday in September in each odd-numbered year, beginning with the year 1957, for mayor and five councilmen, whose term of office shall begin on the first Monday in January after said election and shall continue for two years and until their successors are elected and qualified. The certificate to be issued by the superintendents of said election may be as follows: The undersigned, superintendent of the day's election, held in the town of Watkinsville on the..... day of..... 19....., for mayor and five councilmen, do certify that.....received the highest number of votes for mayor, and that.....,.....,.....,.....,....., received the highest number of votes for councilmen for said town, which certificate shall be signed by the superintendents and enclosed with the returns and shall be sufficient evidence of the persons elected. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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Legislative Notice. Notice is hereby given that after three (3) weeks publication of this notice, and within sixty (60) days hereof, there will be introduced for passage by General Assembly of Georgia, the following bill, which will have local application: An Act to amend the charter of the Town of Watkinsville, in the County of Oconee, to change the date for holding election for mayor and councilmen to third Wednesday in September. Also prescribing the jurisdiction and powers and duties of the governing authority of the Town of Watkinsville, and all Acts amendatory thereof, by vesting the mayor and council and their successors with the authority to pass zoning and planning laws for said town, and to enforce the same, and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hubert 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: January 11th, 18th and 25th 1962. /s/ Hubert H. Wells Representative, Oconee County Sworn to and subscribed before me, this 31st day of January, 1962. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission expires Oct. 19, 1964. Approved February 27, 1962.
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COBB COUNTYCOMPENSATION OF CORONER. No. 702 (House Bill No. 1173). An Act to amend an Act fixing the compensation for the coroner of Cobb County, approved February 21, 1951 (Ga. L. 1951, p. 2815), so as to change the compensation of the coroner; 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 fixing the compensation for the coroner of Cobb County, approved February 21, 1951 (Ga. L. 1951, p. 2815), 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 coroner of Cobb County shall be compensated in the amount of $2640.00 per annum, payable in equal monthly installments from the funds of Cobb County. Such compensation shall be in lieu of all fees or any other emoluments received by said Coroner. Section 2. This Act shall become effective April 1, 1962. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the January-February 1962 session of the General Assembly of Georgia for the enactment of a bill to amend the Act entitled, An Act to fix the compensation for the coroner of Cobb County to provide for effective date; to repeal conflicting laws; and for other purposes. Approved February 21, 1951 (Ga. L. 1951, p. 2815 et. seq.) and Acts amendatory thereof and for other purposes. This 10th day of January, 1962. Raymond M. Reed, Attorney for Cobb County, Ga.
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold S. Willingham, E. W. Teague Joe Mack Wilson, who, on oath, deposes and says that they are Representatives from Cobb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Marietta Daily Journal, which is the official organ of said County, on the following dates: Jan. 12, 19 and 26, 1962. /s/ Harold S. Willingham, Representative, Cobb County /s/ Joe Mack Wilson, Representative, Cobb County /s/ E. W. Teague, Representative, Cobb County Sworn to and subscribed before me, this 31st day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large, My Commission expires March 17, 1964. (Seal). Approved February 27, 1962. TOWN OF SHELLMANCORPORATE LIMITS. No. 703 (House Bill No. 722). An Act to amend the charter of Shellman, Georgia, approved September 5, 1883 (Ga. L. 1883, p. 318), as amended more particularly by an Act approved September 26, 1889 (Ga. L. 1889, p. 836), and an Act approved July 30, 1908 (Ga. L. 1908, p. 115), so as to change the corporate
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limits of said town; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend the charter of Shellman, Georgia, approved September 5, 1883 (Ga. L. 1883, p. 318), as amended more particularly by an Act approved September 26, 1889 (Ga. L. 1889, p. 836), and an Act approved July 30, 1908 (Ga. L. 1908, p. 115), is hereby amended by striking from section 2 of said Act the words three-quarters of a and inserting in lieu thereof one, so that when so amended said section shall read as follows: Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of said town shall extend one mile in every direction from the depot of the Southwestern railroad in said town. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for the Passage of a Local Bill. Notice is hereby given that legislation will be introduced at the next session of the General Assembly of Georgia for the purpose of extending the corporate limits of the City of Shellman, Georgia, a distance of one mile in every direction from the depot of the Southwestern railroad in said city. This 12 day of December, 1961. A'Delbert Bowen Representative, Randolph County J. T. Dailey Senator, 11th Senatorial District Georgia, Fulton County. Personally appeared before me, the undersigned authority,
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duly authorized to administer oaths, A'Delbert Bowen, who, on oath, deposes and says that he is Representative from Randolph County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cuthbert Times, which is the official organ of said County, on the following dates: December 21, 1961, December 28, 1961 and January 4, 1962. /s/ A'Delbert Bowen Representative, Randolph County Sworn to and subscribed before me, this 9th day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved February 27, 1962. PUTNAM COUNTYOFFICERS PLACED ON SALARY BASIS; REFERENDUM. No. 708 (House Bill No. 1005). An Act to change from the fee to the salary system in Putnam County, the sheriff, the clerk of the superior court, the tax collector, the tax receiver, and the ordinary of such county; to provide for the compensation of such officials; to provide for the disposition of fees, costs, and other funds; to provide for personnel; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The sheriff, the clerk of the superior court, the tax collector, the tax receiver, and the ordinary of Putnam County shall be paid a salary in lieu of all fines, forfeitures,
Page 2441
percentages, penalties, allowances, and all other perquisites of whatever kind which are now or hereafter allowed by law to be received or collected as compensation for services by any of said officials or their deputies, including compensation received or collected by such officials or deputies for services as bailiff or as an ex-officio officer by virtue of their respective office. Placed on salary basis. Section 2. The sheriff of Putnam County shall be compensated in the amount of eight thousand five hundred ($8,500.00) dollars per annum, to be paid in equal monthly installments from the funds of Putnam County. Such compensation shall be in lieu of all fees, costs, and perquisites of whatever kind heretofore received by said sheriff. The sheriff shall appoint one deputy who shall be compensated in the amount of not less than twenty-four hundred ($2,400.00) dollars and not more than thirty-six hundred ($3,600.00) dollars per annum, such compensation to be set solely in the discretion of the Putnam County commissioners of roads and revenues and to be paid in equal monthly installments from the funds of Putnam County. The commissioners of roads and revenue shall have the discretion of whether to furnish the sheriff with an automobile and his necessary expenses connected therewith or to pay ten (10) cents per mile as mileage expense for the use of the sheriff's personal automobile in discharging the official duties of his office only. The sheriff shall receive from county funds, for each prisoner confined in the common jail, one ($1.00) dollar per meal to feed said prisoners. Sheriff. Section 3. The clerk of the superior court shall be compensated in the amount of sixty-five hundred ($6,500.00) dollars per annum, to be paid in equal monthly installments from the funds of Putnam County. Such compensation shall be in lieu of all fees, costs, and perquisites of whatever kind heretofore received by the clerk of the superior courts. The clerk shall be compensated in the amount of twelve hundred ($1,200.00) dollars per annum, for clerical help, to be paid in equal monthly installments from the funds of Putnam County. Clerk of superior court Section 4. The tax collector shall be compensated in the
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amount of six thousand five hundred ($6,500.00) dollars per annum, to be paid in equal monthly installments from the funds of Putnam County; provided, however, that the tax collector may still receive the fees now allowed by law from the sale of motor vehicle tags. The tax collector shall be compensated in the amount of twelve hundred ($1,200.00) dollars per annum for clerical help, to be paid in equal monthly installments from the funds of Putnam County. Such compensation shall be in lieu of all fees, costs, and perquisites of whatever kind heretofore received by the tax collector. Tax collector. Section 5. The tax receiver of Putnam County shall be compensated in the amount of three thousand ($3,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Putnam County. The tax receiver shall appoint clerical help who shall be compensated in the amount of up to six hundred ($600.00) dollars per annum, as authorized and paid by the commissioners. Such compensation shall be in lieu of all fees, costs, and perquisites of whatever kind heretofore received by the tax receiver. Tax receiver. Section 6. The ordinary of Putnam County shall be compensated in the amount of four thousand two hundred ($4,200.00) dollars per annum, to be paid in equal monthly installments from the funds of Putnam County. Such compensation shall be in lieu of all fees, costs, and perquisites of whatever kind heretofore received by the ordinary. Ordinary. Section 7. The fees, costs, percentages, forfeitures, penalties, allowances, and all other purposes of whatever kind as are now or shall 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 Putnam County and shall be held as public monies belonging to Putnam County and accounted for and paid to the Putnam county board of commissioners on the first Tuesday in each month. Fees. Section 8. An annual audit shall be made of the sheriff's the clerk's of the superior court, the tax collector's, the tax receiver's, and the ordinary's office, and such audit shall
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be made by a certified public accountant selected by the county commissioners of roads and revenue of Putnam County. The cost of such audits shall be paid from the funds of Putnam County. The first such audit shall cover the period from January 1, 1963, through December 31, 1963, and shall be completed prior to January 15, 1964. Audits. Section 9. The provisions of this Act shall become effective on January 1, 1963, if approved in the referendum election provided for hereinafter. Referendum. Section 10. It shall be the duty of the ordinary of Putnam County to call for an election for the purpose of submitting this Act to the voters of Putnam County for approval or rejection. The ordinary shall set the date of such election to be held on the same day of the next general election. The ordinary shall cause a date and purposes of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Putnam County. The ballot shall have written or printed thereon the following: For approval of the Act placing the sheriff, the clerk of the superior court, the tax collector, the tax receiver, and the ordinary of Putnam County on a salary basis in lieu of a fee basis. Against approval of the Act placing the sheriff, the clerk of the superior court, the tax collector, the tax receiver, and the ordinary of Putnam County on a salary basis in lieu of a fee basis. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Putnam County.
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It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia, a bill to place the sheriff, the clerk of the superior court, the ordinary, the tax collector, and the tax receiver of Putnam County on a salary basis in lieu of the fee basis effective January 1, 1963; to provide for a referendum; and for other purposes. This 9th day of January, 1962. N. D. Horton, Jr. Representative, Putnam County Because of numerous requests from citizens of Putnam County, and at the recommendation of the last grand jury, the board of commissioners unanimously offer their support to the Bill presented by Representative N. D. Horton, Jr. Jeff Maddox Charles Hudson W. F. Resseau Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, N. D. Horton, Jr., who, on oath, deposes and says that he is Representative from Putnam County, and that the attached copy of Notice
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of Intention to Introduce Local Legislation was published in The Eatonton Messenger, which is the official organ of said County, on the following dates: January 11, January 18, and January 25. /s/ N. D. Horton, Jr. Representative, Putnam County Sworn to and subscribed before me, this 30 day of January, 1962. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission expires Oct. 6, 1964. Approved February 27, 1962. DEKALB COUNTYBOARD OF EDUCATION. No. 709 (House Bill No. 1220). An Act to create and establish in DeKalb County, Georgia, districts from which the members of the County Board of Education of DeKalb County shall be elected; to provide for the number of such districts and the number of such members to be elected therefrom; to define and describe the boundaries thereof; to fix the terms of the members of the county board of education and the time, place and method of electing such members; to provide for the election of a chairman for said board; to grant to the said members of the county board of education, the authority to elect the county school superintendent of DeKalb County; to provide for the effective date of this Act; to provide for use of voting machines; 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. There is hereby created in DeKalb County, a board of education of five (5) members and five (5) districts
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to be known as School Board Districts. The boundaries of each of the said school board districts are hereby defined as follows: School Board District No. 1 shall consist of Georgia militia districts numbers 487, 683, 563, 1398 and 1045. Districts. School Board District No. 2 shall consist of Georgia militia district numbers 531 and 1379, except that land lying within the cities of Decatur and Atlanta, Georgia shall not be included in said district. School Board District No. 3 shall consist of Georgia militia districts numbers 1327, 572, and 637. School Board District No. 4 shall consist of Georgia militia districts numbers 1666, 536, 1448, 1342, and 1586, except that land lying within the City of Atlanta, Georgia shall not be included in said district. School Board District No. 5 shall consist of Georgia militia districts numbers 686, 1416, and 524. Section 2. The terms of the members of the said board of education shall begin on January 1 on the year following their election and shall be four (4) years and shall extend until their successors have been elected and qualified; except that the first term of the members from school board districts 2 and 4 shall begin on January 1 the second year after their election and extend for three (3) years and thereafter for four (4) years. The present members of DeKalb County Board of Education shall serve out their present terms of office. In order to carry out the provision of this law as to the present members of the said board of education the election of new members on the board of education shall be held as follows: The members offering from school board district number 1 shall be elected in the 1962 general election for a term beginning January 1, 1963 for a period of four (4) years and thereafter for a term of four (4) years.
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The member offering from school board district number 2 shall be elected in the general election of 1962 for a term beginning January 1, 1964 for a period of three (3) years and thereafter elected for a term of four (4) years. The member offering from school board district number 3 shall be elected in the 1966 general election for a term beginning January 1, 1967 for a period of four (4) years and shall thereafter be elected for a term of four (4) years. Terms. The member offering from school board district number 4 shall be elected in the 1964 general election for a term beginning January 1, 1966 for a term of three (3) years and thereafter shall be elected for a term of four (4) years. The member offering from school board district number 5 shall be elected in the 1964 general election for a term beginning on January 1, 1965 for four (4) years and thereafter shall be elected for a term of four (4) years. Section 3. The members of said board of education shall qualify with the ordinary and in the same manner as county officers, and be elected in the same manner and at the same time as the members of the General Assembly are now or may hereafter as provided by law be elected; except that the voters living within the limits of the City of Atlanta and the City of Decatur, shall not be eligible to vote for the members of the DeKalb County, Georgia, Board of Education. Unless otherwise provided herein, all laws applicable to elections in this State shall apply to the election of the members of said board of education. Elections. Section 4. The board of education established herein shall consist of a member from each of the said school board districts. Each member of the board of education shall be elected by the qualified voters of the school board district in which he resides, but each candidate for membership on the board shall have been a resident for at least one (1) year of the school board district which he offers to represent and no two (2) members shall reside in the same school board district. A candidate for election to the said Board of Education of DeKalb County shall
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designate the post for which he offers and the candidate receiving the largest number of votes for the post shall be declared elected to such post. Should a member of the said board of education move from the district he represents, his office shall be vacant. Board of Education. Section 5. Should a vacancy occur in the office of any member of the board of education either by death, resignation, removal of residency of a member from the district he represents, or other reasons, the said vacancy shall be filled by election in the next general election for the unexpired portion of the term of the member who has vacated office and provided, that the said vacancy shall have occurred more than 90 days before the said general election and that the term of the successful candidate for the unexpired portion of the said vacant term shall begin on January 1st following election; and further provided that the remaining members of the board of education after such a vacancy occurs shall fill such vacancy by appointing a resident of the district not represented by reason of such vacancy to serve as a member of the board of education until a successor member is elected and qualified. Vacancies. Section 6. At the first meeting in each calendar year, the said board of education shall elect one of its members to act as chairman of the board to serve for the calendar year and until his successor has been elected and qualified. Chairman. Section 7. The DeKalb County superintendent of schools in office at the time of approval of this Act shall serve thereafter at the pleasure of the board of education in DeKalb County. Any vacancy thereafter shall be filled by the board of education and the subsequent superintendent shall serve at the pleasure of the board of education. Superintendent. Section 8. Except as changed by the provisions of this Act, all laws applicable to the county superintendent of schools shall apply to the county superintendent of schools of DeKalb County, Georgia. Intent. Section 9. The chairman and members of said board of education shall be paid $100.00 per month as their entire
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compensation for services rendered and for attendance at all regular and special meetings of said board. Compensation. Section 10. Use of Voting Machines. If, in the opinion of the ordinary of DeKalb County it is practicable to hold any election, whether the same be a referendum, special or general election, provided for by this Act by use of voting machines, the ordinary is authorized to hold such election or all or any such election by means of voting machines in accordance with the provisions of the Act of the General Assembly approved March 28, 1947 (Ga. L. 1947, p. 1203.) Section 11. Be it further enacted by the authority aforesaid that if any section or portion of this Act be declared unconstitutional the remaining sections or portions hereof shall not be affected thereby and the remaining provisions of this Act shall not be invalidated, but shall remain in full force and effect. Severability. Section 12. Notice of the intention to apply for the passage of this local Bill has been published in the newspaper in which the sheriff's advertisements for DeKalb County are published, namely, in the DeKalb New Era, once a week for three weeks during a period of sixty (60) days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this Bill is a copy of said notice accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Section 13. An Act, approved February 25, 1949, creating and establishing in DeKalb County, districts from which the members of the county board of education of DeKalb County, Georgia, shall be elected by the voters of such districts (Ga. L. 1949, p. 1241, et. seq.); and all laws amendatory thereof are hereby specifically repealed; all other laws and parts of laws in conflict herein are hereby repealed. 1949 Act repealed. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned
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W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the city of Decatur, being of general circulation and being the legal organ for the county of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention To Apply For Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being December 28, 1961, January 4, and January 11, 1962. The DeKalb New Era, /s/ W. H. McWhorter, Managing-Editor. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1962 session of the General Assembly of Georgia a bill to amend the Act creating and establishing in DeKalb County districts from which the members of the county board of education of DeKalb County, Georgia, shall be elected; to provide for the number of such districts and the number of members to be elected; to define and describe the boundaries thereof; to fix the terms of the members of the county board of education and the time, place and method of electing such members; to provide that the members of the board of education now serving shall continue as the members of said board of education until the expiration of their present terms; to grant to the members of said county board of education the authority to elect the county school superintendent of DeKalb County; to provide for the compensation of members of said Board of Education; to repeal conflicting laws and for other purposes. This 26th day of December, 1961. Pierre Howard Guy W. Rutland, Jr. James A. Mackay, DeKalb County Representatives
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Sworn to and subscribed before me, this 16 day of January, 1962. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission expires March 23, 1963. (Seal). Approved February 27, 1962. CITY OF COLUMBUSEXECUTIVE BOARD EMERITUS. No. 710 (House Bill No. 780). An Act to amend the charter of the City of Columbus, authorizing the creation of an executive board emeritus, fixing the compensation for said board members, defining eligibility for appointment to said board; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the charter of the City of Columbus be, and the same is, hereby amended by adding thereto the following: The City of Columbus is hereby authorized to create for itself an executive board emeritus, the membership of which shall be appointed to serve at the pleasure of the city commission, and shall be paid compensation not to exceed $5.00 per month. Only former city commissioners, former city officials who received their office by direct appointment of the city commission, and former compensated board or committee members, shall be eligible for appointment to such board. All such members of the executive board emeritus shall have become eligible for appointment on or subsequent to January 1, 1962.
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Section 2. That all laws or parts of laws in conflict herewith be, and they are, hereby repealed. Section 3. That there is hereto attached, incorporated herein, and made a part hereof, a copy of the notice of intention to apply for the enactment hereof, with the certificate of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of the bill providing for this Act into the General Assembly. Notice of Intention to Apply for Local Legislation. City of Columbus, Georgia: Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1962 for passage of a bill entitled as follows: An Act to amend the charter of the City of Columbus, authorizing the creation of an executive board emeritus, fixing the compensation for said board members, defining eligibility for appointment to said Board; and for other purposes. This the 29th day of December, 1961. /s/ Lennie F. Davis, City Attorney Georgia, Muscogee County. Personally appeared before me, the undersigned attesting witness, a notary public in and for Muscogee County, Georgia, M. R. Ashworth, who, on oath deposes and says that he is the publisher of the Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia in which the sheriff's advertisements for said county are published; and that the foregoing and attached notice was duly published in said newspaper once a week for three
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weeks, to-wit: On December 29, 1961, January 5, 1962, and January 12, 1962. /s/ M. R. Ashworth Sworn to and subscribed before me, this the 13th day of January, 1962. /s/ Joseph Meyer, Notary Public, Muscogee County, Georgia. (Seal). Approved February 27, 1962. WASHINGTON COUNTYTERMS OF COMMISSIONERS OF ROADS AND REVENUES. No. 711 (House Bill No. 899). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Washington, approved August 20, 1913 (Ga. L. 1913, p. 452), as amended, particularly by an Act approved March 24, 1939 (Ga. L. 1939, p. 777), so as to change the terms of office of the county commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Washington, approved August 20, 1913 (Ga. L. 1913, p. 452), as amended, particularly by an Act approved March 24, 1939 (Ga. L. 1939, p. 777), 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. The board of commissioners of roads and revenues for the County of Washington shall be elected as follows: The successor to the commissioner whose term expires December 31, 1962 shall be elected in the general
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election in 1962, and shall be elected for a term of four years; the successor to the commissioner whose term expires December 31, 1964 shall be elected in the general election in 1964, and shall be elected for a term of two years; in the general election of 1966 and every four years thereafter, the successors to the county commissioners shall be elected for terms of four years. 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, Francis 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. 21 and 28, 1961 and January 4, 1962. /s/ Francis Joiner Representative, Washington County. Notice of Intent. Notice is hereby given that legislation will be presented to the January 1962 session of the General Assembly to change the term of office and manner of election of county commissioners of the board of roads revenues of Washington County, Georgia. Francis Joiner, Representative, Washington County, Ga. Sworn to and subscribed before me, this 22nd day of January, 1962. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission expires Oct. 19, 1964. (Seal). Approved February 27, 1962.
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FULTON COUNTY-CITY OF ATLANTA COURT STUDY COMMISSION EXTENDED. No. 89 (House Resolution No. 426-891). A Resolution. Amending the resolution creating the Fulton County-City of Atlanta Study Commission, approved March 28, 1961 (Ga. L. 1961, pp. 2795, et seq.), so as to extend the time for making a report of its findings and recommendations. Whereas, by resolution approved March 28, 1961, there was 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 jurisdiction in Fulton County and the City of Atlanta, which commission was required to make a report of its findings and recommendations to the 1962 Session of the General Assembly of Georgia, Now, therefore, be it resolved by the General Assembly of Georgia that the time within which said commission is required to make a report of its findings and recommendations is extended to the 1963 session of the General Assembly of Georgia. Approved February 27, 1962. COMPENSATION TO CARL S. HOPKINS. No. 94 (House Resolution No. 343-735). A Resolution. To compensate Carl S. Hopkins; and for other purposes. Whereas, on the night of November 28, 1961, Mr. Carl S. Hopkins was returning in his ambulance from the scene of an accident about ten miles east of Washington, Wilkes County, Georgia, and
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Whereas, the road upon which Mr. Hopkins was traveling was being resurfaced and had loose granite rock on the rock surface, and Whereas, Mr. Hopkins met patrol car #17-4, driven by Sgt. T. R. Hamrick, Post Commander of Post #17, and owned by the Department of Public Safety, and said patrol car caused rock to be thrown toward the oncoming ambulance, thereby breaking the windshield of said ambulance, and Whereas, from such damage Carl S. Hopkins suffered damages in the amount of $99.69, and Whereas, the accident occurred through no fault or negligence whatever on the part of Mr. Hopkins, 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 Department of Public Safety is hereby authorized and directed to pay to Mr. Carl S. Hopkins the sum of $99.69 as compensation hereinbefore enumerated. Said sum shall be paid from the funds appropriated to or available to said department. Approved February 27, 1962. COMPENSATION TO M. A. TEAL. No. 96 (House Resolution No. 354-741). A Resolution. To compensate Mr. M. A. Teal; and for other purposes. Whereas, on September 8, 1961, Donald Pike was driving a 1951 Ford two door sedan, belonging to Mr. M. A. Teal of Hogansville, Troup County, Georgia, on U.S. Highway 29 and Georgia State Highway 14, approximately one mile north of LaGrange, when a State Highway Department truck was following the vehicle driven by Mr. Pike; and
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Whereas, Mr. Pike was forced to slow down to permit an unidentified vehicle, traveling in front of him, to make a right turn, at which time another unidentified vehicle suddenly passed from the rear of the automobile driven by Mr. Pike, and apparently realizing that he was within 150 feet of the crest of the hill, the driver of the latter vehicle applied his brakes and cut in between the vehicle driven by Mr. Pike and the one making the turn; and Whereas, Mr. Pike applied his brake which resulted in a sudden reduction of the speed which was so sudden that the truck owned by the State Highway Department was unable to slow down quickly enough before hitting the rear of the automobile driven by Mr. Pike; and Whereas, Mr. Teal, the owner of the automobile, has been damaged in the sum of $35.45, by the destruction of both tail lights, the bending of the bumper and bumper bracket, and damage beyond repair of the deck lid; 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 $35.45 to Mr. M. A. Teal as compensation for damages as set out above. Said sum is to be paid from the funds appropriated for and available to the State Highway Department. Approved February 27, 1962. COMPENSATION TO H. S. MAHAN, JR. No. 97 (House Resolution No. 175-538). A Resolution. To compensate H. S. Mahan, Jr.; and for other purposes. Whereas, on February 19, 1960, a 1953 Chevrolet tudor sedan owned by H. S. Mahan, Jr. was damaged when struck by a State Highway vehicle being operated by Vertis Martin of Alpharetta, Georgia, an employee of the
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State Highway Department, when the State Highway Department vehicle backed into the side of the Mahan vehicle, which was legally parked; and Whereas, the automobile of H. S. Mahan, Jr. was damaged in an amount so as to make it a constructive total loss; and Whereas, the reasonable market value of said vehicle at the time so damaged was $400.00; and Whereas, the salvage of said vehicle was worth only $100.00; and Whereas, 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 H. S. Mahan, Jr., the sum of one hundred ninety eight ($198.00) dollars as full and final compensation for damages hereinabove enumerated. Said sum shall be paid from the funds appropriated to or available to said department. Approved February 27, 1962. COMPENSATION TO COHEN MARTIN. No. 98 (House Resolution No. 657-1233). A Resolution. To compensate Mr. Cohen Martin; and for other purposes. Whereas, on Rural Roads Authority Project 5 RR PR 2415 (5) in Lumpkin County, Mr. Cohen Martin subcontracted for grassing work and with his knowledge the grassing item was deleted from the prime contract
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and the amount of $3,305 deducted from the overall contract price; and Whereas, without knowledge of this deletion Mr. Martin completed the grassing work at an expense of $2,143.96, and the Rural Roads Authority received the benefit of such work; and Whereas, sufficient money is available for the payment of his claim and it is only just and proper that it be paid. Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Rural Roads Authority is hereby authorized and directed to pay the sum of $2,413.96 to Mr. Cohen Martin in full and complete satisfaction of the above claim. Said sum shall be paid from the funds available therefor. Approved February 27, 1962. LAW BOOKS TO LEE COUNTY. No. 99 (House Resolution No. 506-981). A Resolution. Authorizing and directing the State Librarian to furnish certain State Law Books to the ordinary of Lee County; and for other purposes. Whereas, certain volumes of the Georgia Supreme Court Reports and Georgia Court of Appeals Reports are missing from the library of the office of ordinary of Lee County; and Whereas, said books are necessary for use in transacting the business of the county and State.
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Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the ordinary of Lee County volumes one (1) through one hundred and forty (140) of Georgia Supreme Court Reports and volumes one (1) through forty (40) of Georgia Court of Appeals Report. Be it further resolved that if, for any reason, the State Librarian cannot furnish any of the books above specified, the Governor is hereby authorized to draw his warrant on the State Treasurer for the amount required to purchase said books which the State Librarian is unable to furnish. Approved February 27, 1962. COMPENSATION TO MELVIN HUBBARD. No. 102 (House Resolution No. 402-822). A Resolution. To compensate Melvin Hubbard; and for other purposes. Whereas, on August 29, 1960, Melvin Hubbard was working for the State Highway Department round a barrel of hot tar in Forsyth County, Georgia, when the nozzle he was holding, with which he sprayed hot tar on the ground, tore loose and burned Mr. Hubbard in the worse possible way; and Wheras, as a result of the accident Mr. Hubbard has accumulated unpaid hospital and medical bills in the sum of $530.90; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Hubbard, and it is only just and proper that he be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby
Page 2461
authorized and directed to pay the sum of $530.90 as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved February 27, 1962. COMPENSATION TO J. D. WILLIAMS. No. 103 (House Resolution No. 481-957). A Resolution. To compensate J. D. Williams; and for other purposes. Whereas, J. D. Williams was operating his automobile on the State Highway in Telfair County, when he approached a crew of convicts properly supervised by Elmo Candy of Soperton, Georgia; and Whereas, said convicts were operating a tractor pulling a mowing machine, with which they were cutting grass growing on the right-of-way of said highway; and Whereas, said work was being accomplished under the auspices of the State Highway Department of Georgia, and said tractor and mowing machine was owned by said State Highway Department; and Whereas, the blades of the mowing machine being pulled by the tractor caused a stone to be cast in the path of the oncoming automobile of Mr. J. D. Williams, whereupon said object struck the windshield of said automobile, thus causing damages in the sum of $80.30; and Whereas, such damage was caused through no fault of Mr. Williams and it is only just and proper that he be compensated therefor;
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Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to J. D. Williams the sum of $80.30 as compensation as set out above. Said sum shall be paid from funds appropriated to or available to said department. Approved February 27, 1962. COMPENSATION TO ALBERT G. ALLEN. No. 104 (House Resolution No. 286-704). A Resolution. To compensate Albert G. Allen for damages his automobile received in a collision with a State Highway Department truck; and for other purposes. Whereas, on January 18, 1961, a State Highway Department truck was properly parked headed west on U. S. Highway No. 78 within the corporate limits of Villa Rica, Georgia; and Whereas, Albert George Allen was driving his automobile west on U. S. Highway No. 78 within the corporate limits of Villa Rica, Georgia; and Whereas, when the automobile driven by Albert G. Allen approached and began to pass the State Highway Department truck, said truck, without giving any warning, did suddenly pull out in front of the automobile driven by Albert G. Allen and the two vehicles did there collide; and Whereas, the automobile of Albert G. Allen was damaged in the amount of one hundred and fifty ($150.00) dollars, and said damage was caused through no negligence on the part of Albert G. Allen, but was caused
Page 2463
solely by the negligence of the operator of the State Highway Department truck 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 Albert G. Allen the sum of one hundred and fifty ($150.00) dollars as full and final compensation for the damages hereinabove enumerated. Said sum shall be paid from the funds appropriated to or available to said department. Approved February 27, 1962. COMPENSATION TO JAMES VESTER YEOMANS. No. 105 (House Resolution No. 357-742). A Resolution. Compensating James Vester Yeomans; and for other purposes. Whereas, James Vester Yeomans, an employee of the Georgia Forestry Commission, while acting in his capacity as such an employee did on March 11, 1961 incur severe burns to a major part of his body; and Whereas, hospitalization and medical treatment was required from March 11, 1961 until June 1, 1961; and Whereas, such hospitalization and medical services amounted to a total of $2,030.35; and Whereas, The Georgia Forestry Commission, acting as self-insuror under the Georgia Workmen's Compensation Act paid the maximum statutory amount for such medical attention of $1,500; and Whereas, a balance of $530.35 for such medical attention
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was not compensated for by said payment and remains unpaid to the hospital and doctor rendering such medical services. Now, therefore, be it resolved by the General Assembly, that the Georgia Forestry Commission compensate the said James Vester Yeomans the amount of $530.35 out of the funds available to the Georgia Forestry Commission for such purposes, so that said employee might pay the balance of $530.35 due to hospital and doctor rendering such medical services as stated above. Be it further resolved, that draft for such payment shall be made jointly to James Vester Yeomans, said employee; and to McCoy-Jackson Hospital; and to Joseph M. Jackson, M.D. for the medical services balances as outlined above. Approved February 27, 1962. COMPENSATION TO RALPH MATHIS. No. 107 (House Resolution No. 330-727). A Resolution. To compensate Ralph Mathis; and for other purposes. Whereas, on November 12, 1959, Ralph Mathis was operating his 1957 Ford automobile on State Highway 125 enroute to Tifton, Georgia, and at a point approximately six miles north of Nashville, Georgia in Berrien County, a rock was thrown into his windshield by a grass cutting machine owned by the State Highway Department and being operated by an employee thereof; and Whereas, said windshield was broken causing damage and expense in the amount of seventy-six and twenty-two one hundredths ($76.22) dollars, all through no fault or negligence whatsoever on the part of Mr. Mathis and it is only just and proper that he be compensated therefor;
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Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Ralph Mathis the sum of $76.22 as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved February 27, 1962. COMPENSATION TO BALLENTINE MOTORS OF AUGUSTA, INC. No. 108 (House Resolution No. 526-999). A Resolution. To compensate Ballentine Motors of Augusta, Inc., and for other purposes. Whereas, on June 7, 1961, a truck belonging to the State of Georgia, and being utilized by the Department of Agriculture in the enforcement of the weights and measures laws of the State of Georgia, collided with a 1958 Oldsmobile automobile belonging to Ballentine Motors of Augusta, Inc., and Whereas, said collision resulted in damages to the automobile owned by Ballentine Motors of Augusta, Inc., in the amount of one hundred eighteen and 85/100 dollars ($118.85), and Whereas, said collision was caused by the driver of the State owned vehicle in the performance of his duties as an employee of the State of Georgia, in failing to provide the proper clearance, and Whereas, it is only just and proper that compensation should be paid for the damages incurred. Now, therefore, be it resolved by the General Assembly
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of Georgia that the Department of Agriculture of the State of Georgia be and is hereby authorized and directed to pay Ballentine Motors of Augusta, Inc. the amount of one hundred eighteen and 85/100 dollars ($118.85) in full and final compensation for the damages hereinabove enumerated. The payment of said sum shall be in full and final satisfaction for any and all claims resulting from said collision. Said sum shall be payable from the funds appropriated to or available to the Department of Agriculture. Approved February 27, 1962. COMPENSATION TO E. O. SAMS. No. 110 (House Resolution No. 637-1192). A Resolution. To compensate E. O. Sams; and for other purposes. Whereas, on October 28, 1960, at approximately 8:45 o'clock a.m., Mrs. Barbara Sams Boylan was driving to work in an automobile belonging to E. O. Sams, and was operating said motor vehicle on the northeast portion of the Atlanta expressway; and Whereas, she was driving in a direction towards the City of Atlanta, and as she approached the ramp designated for traffic entering the expressway and Fourteenth Street, several vehicles driving in front of Mrs. Boylan stopped causing her to come to a complete stop; and Whereas, after Mrs. Boylan had been stopped for several minutes, the automobile driven by her was struck from behind causing her automobile to crash into a truck which had stopped in front of her automobile; and Whereas, the truck which struck said automobile was owned by the State Department of Education and was being operated by an employee of said department; and
Page 2467
Whereas, the force of the collision caused Mrs. Boylan to be thrown into the dashboard and the steering wheel, as a result of which she suffered severe injuries from which she has not yet recovered; and Whereas, the said automobile had a reasonable market value and price of $500.00 and as a result of said accident was damaged beyond repair; Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Education is hereby authorized and directed to pay to E. O. Sams the sum of $500.00 as compensation for the damage to said automobile as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved February 27, 1962. COMPENSATION TO LESTER B. FALLIN. No. 111 (House Resolution No. 229-668). A Resolution. To compensate Lester B. Fallin; and for other purposes. Whereas, on Friday, April 15, 1960 at or about 1:45 p.m., Lester B. Fallin, of Route #1, Butler, Georgia, was operating his 1958 Ford automobile and traveling in a southerly direction on U. S. Highway #19, in Upson County, Georgia; and, Whereas, on said date and highway at a point approximately 13 miles south of Thomaston, Georgia, Dewey H. Nix, Jr. of Route #4, Thomaston, Georgia, an employee of the State Highway Department, was operating a State Highway Department 1957 Ford Tractor with a low-boy trailer attached thereto and traveling in a northerly direction; and
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Whereas, at said time, place and point, and while the vehicles were passing in opposite directions, the left rear tandem wheel of the State Highway vehicle came off and struck the 1958 Ford automobile on the left side; and Whereas, as a result thereof, Mr. Fallin's automobile was damaged in the amount of.....$371.11 and, Whereas, in addition to the damage to his automobile, Mr. Fallin sustained personal injuries and the following damages flowing therefrom, to wit: A. Medical. (1) Dr. R. C. Montgomery 59.00 (2) Dr. E. C. Whatley 6.00 (3) Dr. M. C. Stephens 35.00 (4) X-Rays 15.00 (5) Drugs 202.50 B. Lost Wages. Two weeks from his employment as a painter and carpenter at $1.75 per hour 140.00 C. Wrecker fee and loss of use of automobile 55.00 D. Future Medical and drug expense 100.00 TOTAL $983.61 and, Whereas, said collision and damage was due to no fault or negligence on behalf of Mr. Fallin and it is only just and proper that he be reimbursed and compensated for the aforesaid damages. 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 $703.61 to Lester B. Fallin, as compensation set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved February 27, 1962.
Page 2469
COMPENSATION TO MR. MRS MARK FITZPATRICK. No. 112 (House Resolution No. 635-1192). A Resolution. Compensating Mr. Mrs. Mark Fitzpatrick; and for other purposes. Whereas, on the morning of January 10, 1961, an automobile belonging to Mr. Mark Fitzpatrick, and being operated by his wife, Mrs. Jane Fitzpatrick, for the purpose of taking their two minor children to school, was traveling east on U. S. Highway 80 near Danville, Georgia; and Whereas, the automobile operated by Mrs. Jane Fitzpatrick was proceeding east on said highway at a moderate rate of speed; and Whereas, a truck belonging to the State Highway Department was at Slaughter's Service Station which Eugene Hermit Crews, a State employee, drove from said station into the path of the automobile driven by Mrs. Jane Fitzpatrick; and Whereas, for such act Eugene Hermit Crews later pleaded guilty of failing to yield the right-of-way; and Whereas, due to no negligence nor fault of Mrs. Fitzpatrick, her automobile struck the left side and left front end of said State vehicle which only caused minor injury to her two small children but caused very serious injuries to her; and Whereas, the expenses of receiving hospital and doctor's care are set out in minute details and copies of such expenses are attached; and Whereas, said expenses amounted to $3,746.32; and Whereas, among the numerous injuries which Mrs.
Page 2470
Jane Fitzpatrick received are as follows: a broken left arm which remained in a cast for over four (4) weeks; her right kneecap was broken in numerous places and the leg bone below the right kneecap was broken, this leg stayed in a cast for over six (6) weeks and is considerable shorter than her left leg; she had a brain concussion and had to have numerous operations for a fistula which was brought about by the concussion and the bad blow which she received on her head; she also received numerous internal injuries and many injuries which are too elaborate to expound on but for which verified expenses for the treatment of are enclosed; and Whereas, due to the many months, days and hours of agony, pain, despair and utter misery; and Whereas, the injuries received by Mrs. Jane Fitzpatrick have left her with a limp, with scars, and with loss of health which will be a stigma pledged on her for the rest of her life; and Whereas, it is deemed just and appropriate that Mrs. Jane Fitzpatrick be compensated for these numerous damages in the amount of $10,000.00 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 $3,746.32 to Mr. Mark Fitzpatrick for actual expenses incurred in the medical treatment of his wife and to pay the sum of $10,000.00 to Mrs. Jane Fitzpatrick 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 February 27, 1962.
Page 2471
COMPENSATION TO DERST BAKING COMPANY. No. 113 (House Resolution No. 361-755). A Resolution. To compensate Derst Baking Company; and for other purposes. Whereas, on October 12, 1961, a 1959 International truck, operated by C. E. Smith and owned by the Derst Baking Company of Savannah, Georgia was damaged in a collision with a vehicle belonging to the Georgia State Highway Department and operated by Eugene Beasley, an employee of said department, on Georgia Highway #17, in Midville, Georgia; and Whereas, said collision was due to no fault on the part of Derst Baking Company's driver, but was caused by the negligent operation of the employee of the State Highway Department; and Whereas, the Derst Baking Company's truck was damaged to the extent of $497.94; 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 $497.94 to the Derst Baking Company, 52nd Street Ext., Savannah, Georgia as compensation for the damages herein set out. Said sum shall be paid from the funds appropriated to and available to State Highway Department. Approved February 27, 1962.
Page 2472
COMPENSATION TO MRS. MARY L. SCOGIN. No. 114 (House Resolution No. 42-99). To compensate Mrs. Mary L. Scogin; and for other purposes. Whereas, on the 31st day of July, 1958, at approximately 8:00 o'clock a.m., Mary L. Scogin was operating her 1950 Chevrolet two-door sedan automobile along and upon Roosevelt Highway, also known as U. S. Highway No. 29, in a northerly direction; and Whereas, when she reached a point in Stonewall, Georgia, just past where Westbrook Street intersects with Roosevelt Highway, that a truck owned by the State Highway Department and being driven by one Nile McGibony, collided with the automobile being driven by Mrs. Scogin; and Whereas, the automobile operated by Mrs. Scogin was proceeding in a northerly direction on the Roosevelt Highway, and the truck being operated by Nile McGibony was proceeding in a southerly direction, and suddenly without warning said Nile McGibony made a left turn across the center line of said highway and struck the automobile being operated by Mrs. Scogin on the left front thereof; and Whereas, said collision demolished the 1950 Chevrolet being operated by Mrs. Scogin, the value of said automobile immediately prior to the collision being $600.00, and the value of said automobile immediately after said collision was $50.00; and Whereas, because of the force and violence of said collision, Mrs. Scogin suffered the following injuries: Large cut on head on temple about three inches long; bad bruise on face on left side; left arm badly bruised from shoulder down; right leg required twenty stitches; right chest and under right breast cartilage pulled loose; both hips bruised, and both shoulders bruised. Large
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bruise on right leg near knee; nerve injury to head and all top of head numb; internal injuries, and has trouble breathing.; and Whereas, because of said injuries, Mrs. Scogin has suffered excruciating pain; and Whereas, Mrs. Scogin has not received any compensation for her injuries and damages; and Whereas, the accident occurred through no fault or negligence on the part of Mrs. Mary L. Scogin, and it is only just and proper that she be compensated; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department of Georgia is hereby authorized and directed to pay to Mrs. Mary L. Scogin the sum of $600.00 because of the injuries and damages she received. Such sum shall be paid from the funds appropriated to or available to the State Highway Department. Approved February 27, 1962. CITY OF EAST POINTCORPORATE LIMITS, REFERENDUM. No. 722 (House Bill No. 1104). 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. Be it enacted by the General Assembly of the State of Georgia: Section 1. An Act establishing a new charter for the City of East Point in Fulton County, Georgia, approved
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August 19, 1912, (Ga. L. 1912, p. 862, et seq.) and particularly amended by an Act approved March 5, 1957, (Ga. L. 1957, p. 2429, et seq.) is hereby amended by extending the city limits of the City of East Point in Fulton County, Georgia, to embrace the territory and inhabitants of the following described area: Being all of land lot 32 of the 13th district of formerly Campbell, now Fulton County, Georgia. Section 2. Subject to the election hereinafter provided for in this Act, all of said territory and the inhabitants thereof are hereby annexed to and made a part of said City of East Point, subject to the government, jurisdiction, laws, ordinances, rules and regulations of said city as fully and completely for any and all purposes as said city has heretofore embraced within the territorial limits of said city, and the area hereby annexed to said city is hereby attached to and made a part of the second ward of said city. Section 3. Not less than thirty nor more than sixty days after the date of the approval of this Act by the Governor, or otherwise becomes law, it shall be the duty of the mayor and council of the City of East Point to issue the call for an election for the purpose of submitting this Act as hereinbefore prescribed for approval or rejection. The mayor and council shall set the date for such election for a day not less than thirty nor more than sixty days after the date of the issuance of the call. The mayor and council shall cause the date and the purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official gazette of the City of East Point and the official organ of Fulton County. The ballots shall have printed or written thereon the words: For approval of the Act extending the corporate limits of the City of East Point. Against approval of the Act extending the corporate limits of the City of East Point. All persons desiring to vote in favor of the Act shall vote for approval and those persons desiring to vote for rejection
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of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect as of 12:01 a.m., August 15, 1962. If less than a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by the City of East Point. It shall be the duty of the mayor and council to hold and conduct such election under the same laws and rules as govern general elections in said city, 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. It shall be the duty of the mayor and council to hold and conduct such election in such a manner as will enable those persons to vote who have resided or owned property within the territory proposed to be annexed for a period of six months next preceding the date set for such election, and who are otherwise qualified to vote for members of the General Assembly of Fulton County. It shall be necessary that a majority of the votes cast in the entire area be in favor of the Act before it shall become effective. It shall be the duty of the mayor and council to prepare a list of qualified voters from the territory proposed to be annexed, and to permit only those named upon such list to vote in said election. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the
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22, 29 Nov., 1961, 6, 13, 20, 27 days of December, 1961, and on the 3, 10, 17, 24 days of January, 1962, as provided by law. /s/ Frank Kempton Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the session of the General Assembly of Georgia convening in January, 1962, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof; and for other purposes. This 21st day of November, 1961. City of East Point By Ezra E. Phillips East Point City Attorney 1305 Fulton Nat'l Bk Bldg. Atlanta 3, Georgia Subscribed and sworn to before me, this 30 day of January, 1962. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1963. (Seal). Approved February 28, 1962.
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CITY OF CHATSWORTHAUTHORITY TO CLOSE ALLEY. No. 725 (House Bill No. 1267). An Act to amend an Act creating a new charter for the City of Chatsworth, approved February 17, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2340), as amended, so as to close a portion of an alley in said city; to provide for the disposition thereof; 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 Chatsworth, approved February 17, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2340), as amended, is hereby amended by adding a new section to be known as section 33A to read as follows: Section 33A. The mayor and aldermen of the City of Chatsworth are hereby authorized and empowered to close that portion of the alley running through block TT from Market Street on the north to Fort Street on the south which begins at the south line of lots 6 and 27 and runs south to Fort Street. The mayor and aldermen are authorized and empowered, after closing such portion of said alley, to sell the property embraced within the boundaries of such closed portion of said alley to the abutting property owners at a consideration to be agreed upon by the mayor and aldermen and the abutting property owners. The provisions of section 115 of this Act shall not apply to such sale. Fee simple title shall be vested in the abutting property owners when such property has been sold and conveyed to them by the mayor and aldermen. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that a bill to close the alley through
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block TT in the City of Chatsworth will be introduced in the 1962 session of the Georgia General Assembly. This 9th day of January, 1962. /s/ Chas. A. Pannell, Representative, Murray County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles A. Pannell, who, on oath, deposes and says that he is Representative from Murray County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Chatsworth Times, which is the official organ of said county, on the following dates: January 11, 18 and 25, 1962. /s/ Chas. A. Pannell. Representative, Murray County. Sworn to and subscribed before me, this 12th day of February, 1962. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved March 1, 1962.
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HART COUNTYBOARD OF FINANCE. No. 726 (House Bill No. 918). An Act to amend an Act creating the office of commissioner of roads and bridges for Hart County, and a board of finance for Hart County, approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 3177), so as to provide for meetings of the board of finance; to change the compensation of the members of the board of finance; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and bridges for Hart County, and a board of finance for Hart County, approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 3177), 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. The board of finance shall hold a meeting on the second Monday in each month at which meeting the board shall transact such business as may come before it. The board shall hold such other meetings as shall be called by the chairman or by a majority of the members of the board. The board may also appoint or designate any one of its members to transact such business connected with the duties of the board, between regular meetings, as the board deems proper. All meetings of the board shall be held in the commissioner's office in the courthouse in Hartwell, Ga. Meetings. 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 11. Each member of the board shall be compensated in the amount of ninety ($90.00) dollars per month. Before entering upon the duties of his office, each member,
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except the chairman, shall give bond and security in the amount of five hundred ($500.00) dollars and the chairman shall give bond and security in the amount of ten thousand ($10,000.00) dollars, payable to the ordinary of said county. Each member shall take an oath to faithfully perform the duties of his office, and the oath and bond shall be recorded in the office of the ordinary. Compensation. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor, or in which it otherwise 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 that there will be introduced at the January, 1962, Session of the General Assembly of Georgia a bill amending the law creating a board of finance for Hart County, Georgia, so as to provide for the meetings of the board of finance of Hart County, Georgia, and the compensation said Board members shall receive, and for other purposes. This 3rd day of January, 1962. /s/ M. Parks Brown Representative, Hart County, Georgia. Georgia, Hart County. Before me the undersigned attesting officer duly authorized to administer oath personally appeared Max G. Pfaender and Edna M. Pfaender, who on oath depose and say and certify that they are the publishers of The Hartwell Sun, a weekly newspaper and the official organ of Hart County, Georgia, in which sheriff's advertisements are published, and that the above and foregoing is a true and accurate copy of a notice to apply for legislation, which notice appeared
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in said newspaper in issues dated January 4, 1962, January 11, 1962, and January 18, 1962. Max G. Pfaender Edna M. Pfaender Sworn to and subscribed before me, this 19th day of Jan., 1962. /s/ Juanelle K. Vickery, Notary Public, Georgia, State at Large. My Commission Expires Aug. 13, 1962. (Seal). Approved February 28, 1962. CITY OF ATLANTATAX FOR PARKS DEPARTMENT. No. 727 (House Bill No. 160). 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. 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. One-half () of the one-half () mill tax authorized by this charter for the purpose of raising revenue
Page 2482
for permanent improvements in the department of parks in the City of Atlanta shall, for the year 1961 through the year 1965, be used exclusively for improvements of the Zoo located in Grant Park. Any sums not used in any one year for such purpose shall be converted into a trust fund to be held and expended for such purpose in future years. 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, 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. J. C. Savage City Attorney City of Atlanta
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This 11 day of January, 1961. /s/ Ralph McClelland Sworn to and subscribed before me, this 18 day of January, 1961. /s/ Glenn W. Ellard, Notary Public, Georgia, State at Large. (Seal). Approved March 3, 1962. CITY OF WADLEYCHARTER AMENDED. No. 732 (House Bill No. 744). An Act to consolidate the laws chartering the City of Wadlay in the County of Jefferson and to amend the said charter; to provide for the general powers of the said city; to provide for the corporate limits of the said city; to provide the duties of the mayor and council; to provide for the meetings of the city council and the other following matters; the eligibility requirements of the mayor and councilmen; the compensation of the mayor and council; regulations for elections of mayor and council; qualifications and registration of voters; a recorder's court; condemnation of private property for public purposes; that the provisions of this Act shall not be restrictive as to existing powers; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All powers, rights, immunities and qualifications of same as provided in the present charter, of the City of Wadley as amended are continued as at present in so far as they do not conflict with this act. Said City of Wadley as a municipality shall have perpetual succession and is vested with the right to contract and be contracted
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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 Wadley shall have all the rights, powers and privileges to purchase, acquire by gift, lease or otherwise to receive, hold, possess, enjoy and retain in perpetuity or for any term of years, or dispose of in any manner known to law any interest in any real or personal property of whatsoever kind or nature or description within or without the limits of said city for corporate purposes, subject to the restrictions contained in this Act. Said city shall have the right to adopt such ordinances, rules, regulations and resolutions for the welfare and proper government of the city and for the transaction of the business thereof as may be deemed good and proper, consistent with the laws and Constitution of the State of Georgia and of the United States. Powers. Section 2. All existing, valid ordinances, rules, by-laws, regulations and resolutions of the City of Wadley not inconsistent with this charter shall remain in full force and effect for the City of Wadley until altered, amended or repealed. Existing ordinances, etc. Section 3. The city limits of the City of Wadley are as shown by a map of the same made by E. C. Salter, December 16, 1944, and recorded in the Office of the Clerk of Superior Court of Jefferson County, Georgia, in deed book 62, pages 542-43, as follows: Beginning at the point where Beasly's Branch empties into Williamson Swamp Creek, this point being the southwestern corner of the city limits; thence along the main run of the said branch in a northerly direction to a point where the said branch divides, and thence along the eastern prong of the said branch to where the same crosses the public road from Bartow to Bethany; thence along the said public road south 88 degrees east 650 feet; thence north
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89 degrees east 520 feet; thence north 74 degrees east 857 feet; thence north 66 degrees east 800 feet; thence, leaving the said road and continuing in a line running north 87 degrees and 10 minutes east 7566 feet to Boggy Gut Creek, this point being the northeastern corner of the said city limits; thence in a general southeasterly direction along Boggy Gut Creek to where the same flows into Williamson Swamp Creek, this point being the southeastern corner of the said city limits; thence in a general westerly direction along the meanderings of Williamson Swamp Creek to the point of beginning. Corporate limits. Section 4. The government of the City of Wadley shall be vested in a mayor and five (5) councilmen to be called the city council to be elected as hereinafter provided: (a.) The mayor shall be the chief executive officer of the city; have general supervision of the affairs of the city; and shall see that the laws of said city are executed and the officers of said city are faithful in the discharge of their duties. He shall cause the books and records of said city and of its officers to be inspected; and shall have control of the marshal and police force of said city, and may appoint special police officers whenever he deems necessary. He may exercise within the corporate limits of the said city, all the powers conferred on a sheriff or constable to keep the peace and suppress riot and disorder, and to that end shall have power, when necessary in his opinion, to call on every male inhabitant of said city over eighteen (18) years of age to aid in suppressing riot and disorder and in enforcing the laws of said city. He shall have the right to hire all city employees subject to the approval of the council, and he may discharge any city employee without the necessity of obtaining approval of the council. Mayor and city council. (b.) The council of the City of Wadley 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
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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. The council, upon the advice of the mayor, shall prescribe the compensation for all city employees. (c.) The council shall elect annually a city clerk and a city treasurer who shall serve for a term of one (1) year, and may elect such other employees as it may think proper and necessary. The treasurer of the said city and all other officials and employees of the said city authorized to sign city checks or handle city money shall be bonded in such amount as may be deemed wise by the council. Clerk and treasurer. Section 5. At the beginning of each year the mayor and council shall fix the time of meetings for that year, which time or times of meeting shall continue and be the official time or times of meeting until changed as a matter of record in the minutes of the council by any succeeding council. No change in the time of meetings shall be made during any year after the time is once fixed for that year. Special meetings of the council may be called at any time by either the mayor or by a majority of the members of the council. The mayor shall preside over all meetings of the council. At the first regular meeting council shall elect from among their members one member to serve as mayor pro tem. who shall serve in the event of the disability or disqualification of the mayor, performing all the duties and exercising all of the powers of the office of mayor. Meetings. Section 6. To be eligible to be mayor of the City of Wadley, a person shall be at least twenty-five (25) years of age, the owner of real property in the corporate limits of said City of Wadley, possess a high school education, shall have resided in the City of Wadley 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 Wadley. 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 Wadley for a period of at least one (1) year and a registered, qualified voter of the State of Georgia and the City of Wadley. Should the mayor or any councilman during his
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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 candidates, etc. Section 7. The mayor of the city shall be compensated in the sum of two hundred ($200.00) dollars a year, plus mileage and expenses incurred on official business, said mileage and expenses to be approved before payment by the city council. The members of the council shall receive the sum of thirty six ($36.00) dollars a year, payable annually. Compensation. Section 8. The elections for mayor and councilmen under this Act shall be held on the first Saturday after the first Tuesday in December of each year beginning with the year 1962, and the expirations of existing terms of mayor and councilmen and elections for successors of same shall remain as under existing law without change. Elections. Section 9. In the event that the office of mayor or of councilman of the City of Wadley 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 such newspaper as is published in the City of Wadley provided that if no newspaper is published in the City of Wadley the same shall be published in the newspaper in which sheriff's advertisements are published for Jefferson County. In the event such vacancy in the office of mayor occurs within six (6) months preceding the expiration of term of office of said mayor, then, in that event, the said vacancy shall be filled by the mayor pro tem. for the remainder of the term; and provided, further, in the event such vacancy should occur within six (6) months prior to a regular annual election to be held on the first Saturday in December, then, in that event, no special election shall be called or held, and vacancy shall be filled by mayor pro tem., who shall serve until such regular annual election, and the vacancy shall be filled by
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election of a mayor for the remainder of the unexpired term. To be eligible for election in any special election authorized by this section, a person shall qualify with the city clerk not less than ten (10) and not more than twenty (20) days prior to the date of the election. In the event that the council cannot for want of a quorum or any other reason call the elections authorized by this section, it shall be the duty of the Ordinary of Jefferson County to issue the call for the elections. Vacancies. Section 10. 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 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 11. The mayor and councilmen elected under this Act shall on the first Friday on January following their election be installed in office by taking and subscribing the following oath: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor or councilman (as the case may be) of the City of Wadley; and 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. Oaths. And on the first Friday in January of each year thereafter the mayor and councilmen elect, or councilmen elect, shall be installed in office by taking and subscribing said oath. If any such officers fail to be installed on that day, such installation shall take place as soon thereafter as practicable. Section 12. No person shall be allowed to vote in any
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election held in said city, except he or she be eligible under the provisions of the Constitution and laws of Georgia to register to vote for members of the General Assembly from the County of Jefferson, and unless he shall have bona fide and continuously resided in said City of Wadley, 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. Voters. Section 13. (a.) The existing permanent registration of qualified voters shall be continued. (b.) The clerk or any deputy clerk employed by the council shall have charge of the registration book and shall perform the duties with respect to same as under existing law. Any notice provided by law to be published of the opening of registration books shall be published in a newspaper published in the City of Wadley unless there should be no such paper published and in which event such notice or notices shall be published in the newspaper in which Sheriff's advertisements are published in Jefferson County. Voter registration. (c.) Every person, before registering, shall take the following oath, which shall be read by or to the person offering to register, viz: I do solemnly swear that I am eighteen (18) years of age (or will be by the time of the next city election) and possess all the qualifications necessary under the Constitution of the State of Georgia to entitle me to vote for members of the General Assembly from the County of Jefferson, and that I have bona fide and continuously resided in the City of Wadley, as a citizen thereof, for 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 provided the age, sex and race of each person registering.
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(d.) No person registering as herein provided, or who is now registered, shall be required to again register as qualified voter of said city, so long as he or she remains a resident of said city and does not otherwise become disqualified, it being the purpose of this section to provide a permanent registration of the qualified voters of said city. (e.) Whenever any election is to be held in and for said city, the said registration books are to be closed at the time when candidates for such election may no longer qualify and delivered to the mayor of said city, who shall, with the advice and consent of the council, appoint some person or persons, not exceeding three (3) in number, as registrar or registrars. Said registrar or registrars shall be residents of said city, and before entering on their duties shall be sworn to faithfully and impartially perform the duties of their office. It shall be the duty of said registrar or registrars to make from said registration books a list of voters qualified to vote in said election, and in making such lists, to exclude therefrom the names of all persons on the books who have died or removed from the limits of said city, or who are otherwise disqualified for any lawful cause; provided, however, that they shall not exclude the name of any registered person, who is still a resident of said city, from said list as disqualified, without first serving such person with a notice to show cause why his (or her) name should not be excluded. Such notice shall state the time and place of the hearing as to such disqualification, and shall be served on each person at least twelve (12) hours before the time of such hearing (leaving at most notorious place of abode shall be deemed and held to be sufficient service). Such person shall be allowed 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
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lists of the voters qualified to vote in said election, and certify the same. One (1) copy shall be retained, and two (2) copies shall be filed with the clerk of said city, one (1) of which shall be open to inspection during said clerk's office hours, and the other copy shall be safely kept and delivered to the managers of said election when the polls open. Said registrar or registrars shall complete said lists at least two (2) days before said election. (f.) No person shall be allowed to vote in said election whose name does not appear on the list certified by the registrar or registrars, unless he shall produce a certificate signed by the registrar, or a majority of the registrars, that his name was omitted therefrom by accident or mistake. (g.) The City of Wadley shall have full power to define and provide for the punishment of illegal registration and illegal voting, and to provide additional rules and regulations governing the registration of voters. It shall also fix the compensation to be paid by the city to such registrar or registrars, and may designate the clerk of said city to act as a registrar or as one of the registrars provided for under this section if they deem proper. Section 14. There shall be established in the City of Wadley 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 he shall have appointed a recorder, who may be any upright and intelligent person. The clerk of the city shall act as clerk of the court, and the chief police officer of the city or other police officers shall attend said court and perform all such duties therein and in the enforcement of its sentences as they may be required by ordinances of said city or by the orders of the judge of said court. Mayor's Court.
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(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. Jurisdiction. (c.) The mayor or recorder, when sitting as such court, shall have the power and authority to punish for contempt by fine not exceeding twenty-five ($25.00) dollars and imprisonment in the prison of said city not to exceed ten (10) days, either or both, in the discretion of said court. Contempt. (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) dollars and to imprisonment in the prison of said city or in the common jail of Jefferson County, not exceeding sixty (60) 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 sixty (60) days, either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed within 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. Punishment. (e.) All cases made in said court shall be in the name of the City of Wadley; 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 the city clerk, or some officer authorized by law to issue State warrants; and all other processes of said court, including subpoenas, summonses, etc., shall be signed by the clerk, deputy clerk, if one should be elected or employed, or marshal, and shall bear teste in the name of the mayor or the presiding officer of said court. Procedure.
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(f.) The mayor or recorder shall have power to administer oaths and perform all other acts necessary or proper in the conduct of said court, and, where it appears that a State law has been violated, shall have power to bind the offender over to the proper court of Jefferson County for trial, to assess bail for his appearance, and to commit to the jail of Jefferson County, in default of bond. Same. (g.) Said court shall have the right to compel the attendance of witnesses, either within or without the jurisdictional limits of said city; and may issue attachments where necessary to secure the attendance of witnesses, which may be served by any sheriff, deputy sheriff or any constable in any county in this State; but said city shall not be required to incur any expense in securing the attendance of any non-resident subpoenaed by a defendant. Witnesses. (h.) Said court shall have the power to fix bail, accept bond for the appearance of defendants, and to forfeit and enforce collection of said bonds. Upon failure of a defendant to appear in accordance with the terms of his bond, he shall be solemnly called to come into court and his bail shall be warned to produce the body of his principal; and on failure to do so, said court shall issue a scire facias directed to the marshal and other police officers of said city and to all and singular the sheriffs, their lawful deputies, and constables of said State, and be served upon said principal as soon as possible and upon his surety, which scire facias shall be returnable upon a date fixed in said scire facias, not earlier than thirty (30) days thereafter; and upon failure to show good cause, a rule absolute issue on that date and be enforced in the same manner as tax executions are enforced in said city. And where any person charged with an offense against the laws or ordinances of said city has deposited or had deposited in his behalf cash in lieu of a bond for his appearance, and fails to appear at the time appointed to answer said charge, said court shall have power to forfeit said cash bond instanter and order same paid into the treasury of said city. Said court shall have power to issue warrants for the re-arrest of any defendant whose bond has been forfeited. Bonds.
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(i.) Said court shall have full power and authority, and the council is hereby empowered to adopt, such rules and regulations as may be necessary to perfect the functions of said court and the enforcement of its judgments. Rules. (j.) A recorder may be appointed by the mayor to serve from time to time provided that his compensation shall be as fixed by the council. Recorder. Section 15. 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 closed 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. Taxation. Section 16. 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 March shall select three (3) upright freeholders residing in said city as a board of tax assessors. The mayor shall fix the per diem compensation of said tax assessors, which shall not exceed eight dollars ($8.00) per day for each tax assessor. Vacancies on said board may be filled by the mayor as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessor to assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and it shall be their duty to examine the tax return made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small. 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
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or corporation failing to make such return at double the fair market value thereof. They shall make a return of their work within thirty (30) days after the close of the books for receiving returns, unless additional time is granted by the mayor and council; when their return is made, said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or double taxes assessed against their property five (5) days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five (5) days before said hearing to a non-resident tax payer, with postage prepaid, to his last known address shall constitute legal notice to him. Same, tax assessors, etc. (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 17. The taxes of said city shall fall due on December
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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. Taxes. Section 18. The City of Wadley, subject of this Act, shall have full power and authority to license, regulate, control, or prohibit theatrical exhibitions, merry-go-rounds, circuses, dance halls, skating rinks, shows and exhibitions of all kinds, drays, automobiles, jitneys, trucks, taxis, and public and private vehicles of all kinds; traveling vendors of patent medicines, soaps, notions, and all other articles; also hotels, boarding houses, restaurants, lunch stands, drinking stands, fish stands or markets, meat markets, mercantile establishments, chain stores, laundries, billiard, pool, and other kind of tables, tenpins, shooting galleries, and bowling alleys, slot machines or any games operated by coin-in-slot devices for carrying on games; also bakeries, dairies, barber shops, livery stables, sales stables, slaughter houses, tanyards, garage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planing mills; also auctioneers, peddlers, and pawn brokers; all agents of fire, health, accident, indemnity, casualty, and life insurance companies; the sale of all kinds of beverages, cigars, cigarettes, and tobacco products of all kinds; also dealers in and/or dispensers of gasoline, either at wholesale or retail, from tanks, or otherwise; and all businesses, occupations, professions, callings, trades or avocations, which under the laws of this State are subject to license. And said 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
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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. Powers. Section 19. All powers, rights, immunities and registrations with respect to street paving and improvement and the assessment of the same shall continue as under the existing laws of a general and/or local nature. Assessments. Section 20. Said City of Wadley shall have full power and authority to furnish water, electric lights and power, gas, heat, and other public utility service for the public use of said city, and for private use and charge therefor; to own, construct, enlarge, operate, and maintain a system of waterworks and sewerage, a system of electric light and power lines, a system for the manufacturing and/or supplying gas and/or heat, and any other public utility system or plants; to purchase or generate electric energy; and to maintain the supplying of said public utility service. Utilities. Section 21. Said City of Wadley 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 cut 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
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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 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 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
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service shall 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 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 protecting and safety of the people. It shall also have the authority to order any changes in the construction or arrangement of buildings, chimneys, stove pipes, or flues and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the expenses of such changes or removal, which expense may be collected as taxes are collected; and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, the city may order such building removed or altered and if such person, firm or corporation shall not remove or alter such buildings after notice to do so, as may be prescribed, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected by execution issued and enforced in the same manner that executions for ad valorem taxes are enforced. Fire limits, etc. Section 23. The City of Wadley shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalk, 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
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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 condemnation of private property by towns and cities as contained in Georgia Code, 1933, section 36-301, et seq. Eminent domain. Section 24. The council of said city of Wadley shall have power and authority to contract debts and issue bonds of said city as the valid obligations thereof, under and in accordance with the limitations provided in the Constitution and laws of said State, for the purpose of refunding valid existing debts, establishing, improving, and maintaining a water supply system, establishing, improving, and maintaining a sewerage system, a system of lights or electric power, and other public service or utility system, for the paving or otherwise improving streets, sidewalks or public places, and for any other improvement, convenience, or necessity for the use of said city or the citizens thereof, or for any other lawful purposes. Bonds. Section 25. The enumeration of powers contained in this Act shall not be considered as restrictive; but the City of Wadley 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 deed 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 or procedure, not repugnant to the interest and purpose of this Act or the laws of this State. Intent.
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Section 26. Any property, real or personal, now or hereafter owned by said city (including any property connected with a public utility plant or system owned by said city, which particular property is no longer serviceable or necessary in the continued and efficient operation of such plant or system) may be sold, leased, or otherwise disposed of by said city by resolution of the mayor and council thereof, setting forth and approving the terms of any such sale, lease, or other disposition; the mayor, by direction of said county, making conveyance thereof; provided, however, 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) weeks immediately prior to such sale or encumbrance; provided, further, that nothing in this section shall vary the laws regarding bond issues. Sale of property. Section 27. The City of Wadley 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 January 1st to December 31st in which such debt is incurred. Cash basis. Section 28. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for the Passage of Local Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of a local bill to be entitled as follows: An Act to consolidate the law chartering the City of Wadley in the County of Jefferson and the amend the said charter; to provide for the general powers of the said city; to provide for the corporate limits of the said city; to provide the duties of the mayor and council; to provide for the meetings of the city council and the other following matters; the eligibility requirements of the mayor and councilmen;
Page 2502
the compensation of the mayor and council; regulations for elections of mayor and council; qualifications and registration of voters; a recorder's court; condemnation of private property for public purposes; that the provisions of this Act shall not be restrictive as to existing powers; to repeal conflicting laws and for other purposes. /s/ J. Roy McCracken, Representative, Jefferson County, Georgia. State of Georgia, Jefferson County. Personally appeared before the undersigned attesting officer, J. Roy McCracken, who on oath being duly sworn deposes and says that he, as Representative in the General Assembly of the State of Georgia from Jefferson County, Georgia, had published, and the same was published, a notice, a copy of which appears above this affidavit, in the News and Farmer, the official organ of Jefferson County, Georgia, on the dates of December 14, 21, 28, 1961, and January 4, 1962. /s/ J. Roy McCracken. Subscribed and sworn to before me, this 15 day of December, 1961. /s/ Janette Hirsch, Notary Public. (Seal). Approved March 3, 1962.
Page 2503
CITY OF ATLANTAQUALIFICATION OF MAYOR. No. 733 (House Bill No. 760). 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 in particular the amendment to the charter approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess. p. 2845 et seq.); and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act entitled an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended as follows: Section 1. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been compiled with for the enactment of this law. Section 2. Section 2 of the said amendatory Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess. p. 2845) relating to the qualifications for mayor shall be further amended by striking the section in its entirety and substituting in lieu thereof the following: The mayor shall be a bona fide resident of the City of Atlanta, an American citizen and a qualified elector under the laws of the State. No person shall be elected mayor unless he has been such for two years prior to his election. Section 3. All laws and parts of laws in conflict herewith are hereby repealed.
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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 Fulton County Daily Report, 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 1962 session of the General Assembly of Georgia, which convenes on Monday, January 8, 1962, to amend the charter of the City of Atlanta, the title to such bill or bills to be 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 20th day of December, 1961. J. C. Savage, City Attorney City of Atlanta This 15th day of January, 1962. /s/ Ralph McClelland Sworn to and subscribed before me, this 15th day of January, 1962. /s/ Wilson Brooks Notary Public. Approved March 3, 1962.
Page 2505
CITY OF RICHMOND HILLCHARTERED, REFERENDUM. No. 736 (House Bill No. 805). An Act to create and incorporate Richmond Hill, in the County of Bryan, Georgia, and grant a charter to that municipality under that name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said city; to authorize said city to levy and collect a tax for purposes authorized herein; to authorize the construction of waterworks, sewers, streets, parks and other facilities and utilities deemed useful in the operation and management of the said city and to provide for the method of payment of the same; to provide for granting franchises to persons, firms or corporations for construction and maintenance of public utilities; to declare and define the police powers of said city; to declare and define the duties and powers of the officers of said city; to provide for the initial appointment of the mayor and council of said city and thereafter the election of the mayor and councilmen of said city; to provide for passage of ordinances and granting licenses for the conduct of business; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Richmond Hill, in Bryan County, is hereby incorporated as a city under the name and style of Richmond Hill, and as such constitutes a body politic and corporate of said State and county and by that name and style shall have perpetual succession with full powers to govern itself by such ordinances, by-laws, rules and regulations for municipal purposes as may be deemed proper and not in conflict with this charter, the Constitution or laws of this State or the United States. Said city shall have full power in and by said corporate name to contract and be contracted with, to sue and be sued, to plead and be impleaded, to purchase, hold, receive, enjoy, possess and
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retain for the use of and benefit of said Richmond Hill or the inhabitants thereof in perpetuity or for any term, any estate, real or personal, or lands, tenements, hereditaments of any kind, within or without the limits of said city, for corporate purposes; to use, manage, improve, sell, convey, rent or lease any such estate or property; to have and use a common seal; and to perform all acts necessary or incident to its corporate existence or capacity. Incorporated. Section 2. The corporate limits of said city shall be and are defined as follows: Beginning at a point 103.9 chains NW along Ga. 63 from the intersection of Ga. 63 and U. S. 17 (being a known corner of the Fort Stewart Reservation) and following the right-of-way of Ga. 63 N 55 53[prime] W for a distance of 8.92 chains to another known corner of the Fort Stewart Reservation. Hence S 24 47[prime] W, 59.5 chains to another known corner of the Fort Stewart Reservation. Hence S. 27 15[prime] E, 81 chains to the junction of Gill's Road and a woods road. Hence along Gill's Road S 69 45[prime] E, 39.7 chains to the center of the ACL Railroad. Hence 51 E, 97.3 chains to the intersection of the office road and Bryan Neck Prayerhouse Road, hence along the office road N 48 E across Ga. 63 to the center of the Great Ogeechee River, 163.1 chains. Hence following the center of the river to where it intersects with the center of the ACL Railroad, a distance of 110.5 chains. Hence S 58 W along the ACL Railroad 14.2 chains. Hence N. 50 W along Gill's Canal 78.4 chains to the center of U. S. 17. Hence N. 32 30[prime] W, 96.8 chains to the boundary of Fort Stewart Reservation (The first 40 chains of this line follow an old rice paddy ditch NW of U. S. 17). Hence S 37 53[prime] W. 74.5 chains to the point of beginning, containing a total of 3,600 acres. Corporate limits. Section 3. The corporate authority of said city and the territorial jurisdiction of the governing body and the officers thereof shall extend, for police and sanitary purposes, over all lands which are controlled and all lands which may hereafter be owned or controlled by said city for waterworks, electric light, sewerage, drainage, or cemetery purposes outside of the territory as indicated in section 1 hereof. The governing body and officers of said city shall
Page 2507
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 therein as fully and completely as if the same were located within the limits of said city proper as indicated in Section 2 hereof. Authority. Section 4. The government of said city shall be vested in a mayor and four councilmen, initially appointed and thereafter chosen as hereinafter provided, and such other officers and employees as are provided for by this Act as the mayor and councilmen consider necessary and proper to appoint and employ as hereinafter provided. The mayor and councilmen of said city shall collectively be known as Council of Richmond Hill, (hereinafter sometimes referred to as city council or council and when so referred to shall be construed to mean the Council of Richmond Hill in which all legislative powers of said city shall be vested. The mayor and three councilmen, or four councilmen without the mayor, shall constitute a quorum of the city council. Less than a quorum may meet and compel the attendance of absentees as provided by ordinance. The city council shall meet at such specified time and place as may be provided by ordinance. Special meetings may be called at any time by the mayor upon giving not less than twenty-four (24) hours notice of said special meeting. Government. Section 5. No person shall be eligible to hold the office of mayor or councilmen of said city unless he or she is twenty-one (21) years of age and is a qualified elector of said city who shall have continuously resided and maintained his or her domicile therein for at least six (6) months immediately preceding their election. Qualifications. Section 6. The mayor shall be the chief executive officer of said city and it shall be his duty to preside at all meetings of the city council; to see that all meetings are conducted in a parliamentary manner, to preserve order and decorum in such meetings; to inflict such punishment upon any person guilty of contempt before said council as may be authorized by municipal ordinances; to see that all
Page 2508
laws, ordinances, rules, regulations and resolutions of the city council of said city are faithfully executed and enforced; to appoint and be an ex-officio member of all committees; to see that all funds are properly accounted for and that all revenues are properly and promptly collected; to inform the council from time to time of the general condition of said city and its affairs and recommend such measures as he may deem necessary or expedient for the welfare of said city; to inspect or cause to be inspected by one or more of the councilmen of said city the records and books of accounts of the officers of said city and see that they are properly and correctly kept to require such reports to be made by such officers, to the council as he may deem proper; to see that order is maintained in said city and that its property and effects are preserved. The said mayor shall exercise general supervision and jurisdiction over the affairs of the said city; shall have authority to convene the council in extra session as frequently as he may deem proper; to preside in the police court of Richmond Hill, and he is hereby given full authority to sit as a committing magistrate; to try all persons charged with violation of any ordinance of said city; and to impose sentences of punishment for such violations within the limits hereinafter provided; to punish for contempt of court before such police court or contempt of the council by imposing such sentence or penalty as may be authorized by the ordinances of said city; to bind said city by signing any contract, obligation or other matter entered into and authorized by ordinances or resolutions of the council of said city, properly passed in accordance with the provisions of this Act; and to do acts and things as may be proper and necessary in the proper conduct of the affairs of said city and as may be hereinafter authorized. Mayor. Section 7. On all questions before the city council, the mayor shall be entitled to vote only in case of a tie; provided every ordinance and resolution passed and every election of an officer or employee by the said council shall be subject to the veto of the mayor in the following manner: The mayor shall within four days write out his objections to such resolution, ordinance or election and the
Page 2509
said council shall, at the next regular or called meeting at which a quorum shall be present, order said objections entered in the minutes and take a vote on the question as to whether said ordinance, resolution or other action shall become adopted over said veto. Should as many as three councilmen vote in the affirmative, said resolution and ordinance or other action, shall stand affirmed and become effective without the approval of the mayor; otherwise, not. The ayes and nays shall in all cases be entered on the minutes. Same. Section 8. There be and is hereby designated and named Ira C. Casey, Sr., as mayor of said city, and Louis Gill, Thomas Darieng, John L. Lewis and Eb Rushing, as councilmen of said city who shall immediately take office upon the approval of this Act as hereinafter provided upon taking the oath of office herein prescribed, which said officers shall hold the respective office to which appointed until their successors are elected and qualified at an election held in said city as provided in section 9 of this Act or until a vacancy should occur as provided in section 10 of this Act. First mayor and council. Section 9. On the first Tuesday in December 1962 and on the first Tuesday in December each two years thereafter, there shall be elected a mayor and four councilmen for said city by the qualified registered voters therein, all of whom shall be elected to serve for a period of two years from January second of the year following such election or until their successors are elected and qualified, each such official to be elected by a plurality of the consolidted vote cast in such election so held for that purpose. The persons so appointed, as above provided and thereafter elected as herein provided as mayor and councilmen of said city shall on or before the day of assuming office qualify by taking and subscribing before some officer authorized by law to administer oaths, the following oath: I (A.B.), do solemenly swear that I will well and truly perform the duties of mayor (or councilmen as the case may be) by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of Richmond Hill and the common interest
Page 2510
thereof. So help me God. Such oath shall be filled with the city clerk, who shall spread the same upon the minutes of the meeting of the council of Richmond Hill, next following such filing, unless such oath is filed during a regular meeting of the said council in which latter case such oath shall be spread upon the minutes of the meeting then in session. Elections, terms, etc. Section 10. In the event that the office of mayor, or the office of any one or more of the councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selected by the city council, in the case of vacancies in said council, and by the councilmen in the case of a vacancy in the office of mayor and persons so selected shall be duly qualified to fill such vacancies for the unexpired terms provided it does not exceed twelve months, except that, should such vacancy occur prior to January 2, 1963, such twelve-month limitation shall not be applicable. On or after January 2, 1963, should such period exceed twelve months, then a special election shall be called to determine the person who shall fill the unexpired term. Vacancies. Section 11. Should the mayor or any member of the council fail or refuse to perform the duties of his office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the council, declared vacant and the vacancy filled as above provided. Same. Section 12. The mayor shall receive an annual salary and each of the councilmen shall receive such annual salary as shall be fixed by the city council which shall not be reduced during the term for which such official shall have been appointed or elected. Said salaries shall be paid in twelve equal monthly installments on the last day of each month. In addition to their salaries, each councilman may be reimbursed for actual out-of-pocket expenses incurred on behalf of the city. The city council may also provide for payment of all reasonable expenses which may be incurred by the mayor in the discharge of his duties, including such staff as may be appointed by the mayor. Compensation.
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Section 13. The city council shall at its organization meeting and thereafter at its first regular meeting in January of each year, elect one of its members mayor pro tem. for a term of one year, who shall discharge the duties and exercise the powers and authority of the mayor in the absence, disability or disqualification of the mayor and during a vacancy in the office of mayor provided his rights and duties as councilman shall remain unimpaired, except he shall not receive the salary or expense of a councilman while receiving the salary and expense of mayor where there is a vacancy in the office of mayor. Before entering on the discharge of his duties the mayor pro tem. shall, in addition to the oath taken as councilman, take and subscribe the oath prescribed for mayor. In case neither the mayor nor mayor pro tem. can attend to or discharge the duties of mayor, whatever the cause, the city council shall elect a provisional mayor pro tem. to act until a mayor or mayor pro tem. can act, from its membership, who shall take the same oath and be clothed with all of the rights, powers and authority of mayor until a mayor or mayor pro tem. can act. Mayor pro tem. Section 14. The city council shall at its organization meeting and thereafter at its regular meeting in January of each year appoint a clerk. They may also appoint a chief of police, fire chief, a superintendent of the sanitary department, a city engineer and an attorney and such other officers as may in their judgment be necessary to the best interests of the city. Such appointed officers shall serve for a period of one year from the date of appointment and until their successors are appointed and qualified, who may, however, be removed from office for cause at any time but not until they have been given an opportunity to appear before said council for trial; provided further that the mayor may suspend any official pending the trial before said body. The salaries of the officers provided for in this section shall be such as may be prescribed by ordinance of said city council. The said council shall fill any office which may become vacant to fill the unexpired term thereof. Clerk, etc. Section 15. The clerk of said city shall be the clerical
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officer of the city council and shall be the keeper of the seal of said city and shall perform such duties as may be provided by this Act and such additional duties as may be determined by the council. Same. Section 16. The city council when deemed necessary shall create a police department which department shall consist of a chief of police and such other police officers as the city council shall provide by ordinance. It shall be the duty of the chief of police and the police officers to make arrests, within and without the limits of said city of all persons violating any ordinance of said city, and to make arrests of all persons who have violated the penal statutes of ths State or of the United States, either with or without warrant or summons therefor. They shall have power to release all persons upon such bond as may be prescribed by such ordinances. Said police force shall be so uniformed and armed as to be readily recognized by the public as peace officers, the arms and uniform to be furnished by the city and to remain the property of the city. Police department. Section 17. The city council shall be and it is hereby authorized, without any further specific authorization on the part of the General Assembly, to create by proper ordinances such other departments and to prescribe their functions and the duties of the affairs and employees of such departments as it may deem necessary and to the best interests of the residents of Richmond Hill. Departments. Section 18. All officers elected by said council shall discharge such duties in addition to those prescribed in this Act as are, or may be, prescribed by ordinances of said council and shall give such bonds for the faithful discharge of their respective duties as said council may require; provided, the surety on the bond shall be a duly authorized guaranty or surety company, qualified to transact business in this State. Bonds, etc. Section 19. In all elections held under the charter of Richmond Hill, all persons shall be allowed to vote who are duly registered as hereinafter provided. Any person shall be allowed to vote in said election who has reached
Page 2513
the age of eighteen (18) years and over and who has been a bona fide resident of said city for at least sixty (60) days prior to said election and a resident of the State of Georgia for a period of six (6) months and no taxes or license fees due the city by such person have gone to fi. fa. Voters. Section 20. The city council shall provide for the permanent registration of the qualified voters thereof, by providing a book for such purpose, so that one registration therein is all that is required so long as all other qualifications required by such registration are retained by the person registering in said book. The city council of said city shall furnish the clerk of said city with a book, to be called the permanent registration book, upon which all persons, desiring to qualify as electors, shall be required to qualify as provided by the charter of the city. Such electors upon qualification shall sign their names in alphabetical order, and shall read or have read to them the oath provided for herein before signing. The electors who have qualified and have signed the permanent registration book shall not thereafter be required to register or further qualify, except as may be required by the said council of said city. Each person presenting himself to the clerk for the purpose of registering shall, before signing his name in the book of permanent registration, be administered the following Oath: You do solemenly swear that you are a citizen of the United States; that you have resided in the State of Georgia six (6) months and will have resided in Richmond Hill sixty (60) days before the next election to be held in said city; that you are eighteen (18) years of age or over, that no taxes or license fees due by you to Richmond Hill have gone to fi. fa.; and that you have met all requirements required of you by the ordinances of said city, so help you God, upon which said clerk shall register the name, age and occupation of said person, and the clerk shall, on the day of each election, furnish the eelction managers with a list of the registered, qualified voters of said city certified by him as being official. The clerk shall keep the permanent registration book open in the clerk's office during the regular and ordinary time said office is open for the transaction of business,
Page 2514
for the purpose of permitting those to register who desire to do so in the permanent registration book provided that, for special elections in said city, the clerk shall close the permanent registration book fifteen (15) days before the holding of said special elections and, for general elections in said city, the clerk shall close the permanent registration book thirty (30) days before the holding of said general election. After closing the permanent registration book as aforesaid, the clerk shall prepare a list of voters for such election and the clerk shall furnish such list arranged in alphabetical order of all registered, qualified voters to the election managers, which election managers shall be appointed by the council. In making such list the clerk shall exclude the names of all persons on the registration book who registered less than fifteen (15) days before a special election and thirty (30) days before a general election as well as those who have died, no longer reside within the corporate limits of the city, or who have disqualified themselves as aforesaid in any way as legally qualified voters. The managers shall not permit any person whose name does not appear on said list to vote except as hereinafter provided. Voter registration. Section 21. In case an elector is not allowed to register by the clerk or whose name is left off of the list of qualified voters by the clerk, he shall have the right of appeal to the council, whose findings shall be final. Said appeal can be made immediately upon the elector's ascertaining this fact and the council shall immediately assemble and hear the appeal de novo. Said hearing shall be before the polls are closed for the election at which such elector desires to vote, whether special or general, so that a voter may not be removed from the list without a final hearing before the polls are closed at said election. The clerk must revise and purge the list of qualified voters as aforesaid before such election, both general and special. When a name of an elector is stricken from the list of qualified voters for any cause, it can only be re-entered thereon by action of the clerk, after having been properly authorized to do so in writing by the council, which authorization shall for sixty (60) days after said election be kept in the permanent records of the city. Same, appeals.
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Section 22. Any person voting at any election of said city who is not a qualified voter according to the provisions of this charter, shall be guilty of a misdemeanor, and upon conviction therefor, shall be punished as prescribed in the Penal Code of this State. Crimes. Section 23. The polls for the holding of all elections in and for Richmond Hill shall be open at 7:00 o'clock a.m. and shall remain open until 7:00 o'clock p.m. Eastern Standard Time or such other time as shall hereafter be prescribed as the official time of the State of Georgia. The managers of each election shall certify the results thereof to the council who shall in the presence of and together with the several managers consolidate the returns of said election and declare the results thereof and who shall record same on the minutes of the council, and said record shall be the evidence of the results of said election. Elections. Section 24. For the purpose of raising revenues for the support, operation and maintenance of said city and its affairs, including reserves for capital improvements, the city council shall have full power and authority 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 (25) mills on each dollar of taxable value, and in addition such annual ad valorem tax shall be levied on each dollar of taxable value of such property, subject to taxation for bond purposes, as may be necessary to produce amounts required and sufficient to provide a sinking fund for the purpose of paying the principal of an interest on the bonded indebtedness of said city as required by law. The ad valorem tax above authorized for general purposes and the bond sinking fund tax shall be levied by separate ordinances, and each shall specify the purpose for which the tax is levied, and all proceedings for collecting said taxes shall show the amount due on each of said tax levies. Taxation. Section 25. The city council shall provide by ordinance
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for the returns and assessments of all taxable property in said city and provide suitable penalties for neglect or refusal to comply with the same. Same. Section 26. All properties subject to taxation by said city shall be returned for taxation at their true and fair market value by the owners thereof or their duly authorized agents, to the clerk, who shall act as ex-officio tax commissioner and tax receiver. Such returns shall be made by the taxpayer on or before May 1 of each year. If such properties are not returned by May 1, or if returned at less than their fair market value, the clerk shall assess such properties at their fair market value from the best information obtainable as to their value for the taxable year, but such assessment shall not become final until twenty days after such property owner shall be notified of said assessment by registered mail by said clerk. If the property owner is dissatisfied with such assessment as made, said owner shall file his objections in writing with the city council within such twenty days from the date of the within notification and if no appeal is made within such twenty-day period the assessment of the tax commissioner shall be and become final. Assessments and returns. Section 27. All ad valorem taxes shall be levied and assessed on or before July 15 and shall be due and payable on September 1, in the year for which they are levied and assessed, and all taxes shall bear interest at seven per cent (7%) per annum from their due date, and said city shall have a lien upon all property of the taxpayer prior and superior to all other liens from the first day of January of the year for which such taxes are levied and assessed, except as otherwise provided by law. If such taxes are not paid on said due date, then execution shall be issued in the name of the city by the clerk not later than fifteen (15) days thereafter and recorded on the general execution docket tax fi. fas. for taxes not paid when due, and proceed at once to advertise, levy and collect same as provided by law for collection of ad valorem taxes. At any such sale, the city shall have the right to purchase any such property so sold. Such tax fi. fas., however, may be sold and transferred by the clerk, with the approval of the
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council, for the full amount of taxes and accrued interest and costs. Said clerk, as ex-officio tax commissioner and tax receiver, shall perform such other duties as may be incident to the office or the duties thereof, and such others as may be required by ordinance. Taxation. Section 28. The city council shall have power and authority to levy, assess and collect a tax upon all bonding, insurance and other capital employed therein; to impose, levy and collect a specific or occupation tax and license against factors, bankers, agents, managers of gift enterprises, and all persons exercising an occupation, profession, trade, calling or business of any nature whatever within said city; provided, such tax or license is not in conflict with the laws of this State. The said council shall have power and authority to tax all theatrical performances, circuses, street parades, exhibitions, athletic events and all other kinds of shows, entertainments, and activities within the corporate limits of the city. It shall also have power and authority to levy and collect a street tax on every inhabitant of the city subject to road duty between the ages of 18 and 50 years; provided, such street tax shall not exceed three dollars per annum for each person; and provided, further, that such person may satisfy the same by working one (1) day on the streets under the direction of the city authorities; and in case of a failure to do said work or pay said street tax, the police court may enforce the same by fine and execution or compulsory labor on the streets in the discretion of the recorder as may be provided by ordinance. Business licenses, etc. Section 29. The city council of said city shall have full power and authority to license, regulate and control all businesses and activities of every kind and character carried on within the corporate limits of said city, including, but not limited to, markets, taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, ices and such articles, barber shops and beauty shops, ice plants, laundries, waterworks, swimming pools, recreation establishments, pool rooms, opera houses, theatres, picture shows, drays, hacks, taxis, wagons, automobiles used for hauling of any kind, and vehicles used for, brokers, agents,
Page 2518
auctioneers, itinerant dealers, immigrant agents, all fire or life insurance companies doing business in said city, traders of all kinds, itinerant dealers in merchandise, itinerant dealers in jewelry and medicine except such as are exempted by the laws of this State. Also any person running a flying-jinny, flying-horse, merry-go-round, shooting gallery, bicycle or skating rink and all circuses, side shows and all other shows or performances exhibiting in said city, and all persons, firms, companies or corporations, selling goods, wares and merchandise by sample advertisement of retail, or by wholesale, and all other businesses, callings or vocations which under the Constitution and laws of this State are not exempt from license. Same. Section 30. At the first regular meeting of the city council in each year, said council shall pass and adopt, as heretofore provided, a tax or license ordinance fixing a license for each of the businesses, occupations or professions, trades or vocations, which under the laws of this State are subject to municipal license, and fixing the amount of such tax or license, and may issue fi. fas. against the person, firm, association or corporation subject to such license, which fi. fas. shall become and constitute a lien on all property liable for such license and shall have the same rank and be enforceable in the same manner as city ad valorem tax fi. fas. Any person, firm or corporation who shall commence, begin or engage in any business, occupation, profession, calling or vocation, for which a license is required by Richmond Hill without having first procured such license and complied with all other requirements of said city relative thereto, shall be guilty of a violation of the city ordinance provided for such license or tax and, upon conviction thereof, in the police court of said city, shall be punished as provided in this Act, and each day that such person, firm or corporation shall prosecute, carry on or engage in any such business, profession, trade or calling without having first procured said required license shall be a separate and distinct violation of said license ordinance; and the prosecution under this section shall not be a bar to the issuance by said city of fi. fas. against said person, firm or corporation and the levy and sale of
Page 2519
property belonging to such person, firm or corporation, thereunder, but may be in addition to the methods herein provided for collecting such tax or license. If any person, firm or corporation shall commence, begin or engage in any business, within said city, requiring a license prior to may first of any year, the council shall add the sum of twenty per cent (20%) of the total amount of such license to such license fee, as a penalty for failure to procure same before May first; and if any person, firm or corporation shall after May first of any year, commence, begin or engage in any business, within said city requiring a license and shall operate same for a period of thirty days without such license, the city council shall then add the twenty per cent (20%) penalty above provided. The said council shall have full power and authority to provide by ordinance, for the classification of the different classes of business, pro ration of the license fee and all other rules and regulations necessary and proper in the premises. License ordinance. Section 31. The city council of said city may revoke the license of, and prohibit the operation of, any business or establishment for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health or morals of the inhabitants of said city and in case of such license shall be refunded. But no license shall be revoked without giving written notice to the person, firm or corporation holding such license, such notice stating the reasons why such license is being revoked, and affording such person, firm or corporation an opportunity to be heard on the question before the said council, the said notice setting forth the time and place of the hearing on the revocation of such license. At said hearing the person holding said license, or the firm or corporation holding same, may submit to said council whatever evidence he may desire touching upon the question of revocation of such license. The decision of said council of said city, revoking any such license, shall be final. Regulations of businesses. Section 32. The city council of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats and all other animals or fowls from
Page 2520
running at large in said city, and to prevent and prohibit the keeping of cattle, hogs and goats within the city limits, or to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals when found upon the streets of said city, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of such animal or animals so impounded. Also when the owner or owners of such animal or animals so impounded, shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals, said animal or animals may be sold at public outcry and the proceeds applied to the payment of said feed and cost of keeping said animal or animals or to dispose of such animals under such rules and regulations as may be prescribed by said council. Animals. Section 33. The city council of said city shall have full powers and authority to condemn property to carry out any and all lawful purposes in the furtherance of its corporate functions, both governmental and proprietary, and when the power and authority granted by this section is exercised by said council it may be done, whether the land to be condemned is in the hands of an owner, trustee, administrator, guardian or agent in the manner provided by sections 36-301 to 36-307, inclusive, of the Code of Georgia of 1933, and the Acts amendatory thereof which by this reference thereto is incorporated herein if set forth verbatim. This right of condemnation by the city shall extend beyond its corporate limits where the property to be condemned is needed by the city and is deemed useful by the council to afford and make available to the city such property for use in development and thereafter the operation, maintenance, repair, extension and improvement to any city facility, either governmental or proprietary. Eminent domain. Without limiting the generality of the foregoing, said city shall have full and complete power and authority to exercise the power of eminent domain to acquire rights to take water from navigable and non-navigable streams and from lakes and other places within and without the corporate limits of said city and within and without the County of Bryan; and to exercise such power of eminent domain
Page 2521
to acquire land or any interest therein, within and without the corporate limits of said city and within and without the County of Bryan, necessary for water, sewer and electric lines, gas pipe lines and airport property and facilities, together with the usual and necessary appurtenances therefor, or such land or any interest therein necessary in order to lay out, grade, open, pave, straighten, maintain, elevate, lower, improve and relocate, streets, lanes, sidewalks, alleys, and ways on, in, across, along, through, under or over private property and over Bryan County School District property. Section 34. Said city shall have full and complete power and authority to open, lay out, grade, widen, construct, pave, re-pave, curb, and otherwise permanently improve any and all streets, sidewalks, and ways, and to maintain, relocate, repair, re-pave, extend, abandon or close them, and to construct, maintain, repair, replace and remove street curbing, sidewalks, alleys or ways. To provide funds for these purposes all sidewalks, curbing and service sewer construction costs, except costs of service sewers which cannot serve the abutting real estate nor the owners thereof, may be assessed against the abutting real estate and owners thereof, but only on the side of the street on which such improvements are made, if on one side only. One-third of the cost of street construction may be assessed against abutting real estate and owners thereof on one side of such street, and one-third against abutting real estate and the owners thereof on the other side, the city paying the remaining third. In real estate subdivisions, all street construction costs may be assessed against the abutting real estate and owners thereof. Cost of maintenance and repair of all city streets shall be paid out of the city treasury except in special cases provided for by city ordinance. Street, improvements, etc. Section 35. Cost of sewers shall not be assessed against abutting real estate which cannot be served or benefited by such sewers which are constructed solely for the benefit of other real estate or the owners thereof other than such abutting real estate; in which latter case, the cost may be
Page 2522
assessed against the real estate to be served for which such sewer is constructed. Sewers. Section 36. The cost of water lines may be assessed against the abutting real estate and owners thereof when such lines are constructed solely for their benefit. Water lines. Section 37. Provision shall be made by ordinance for all sewer, sidewalk, street or street curbing construction, maintenance or repairs if any part of the cost thereof is to be assessed against abutting or other real estate or the owners thereof. After the first reading of such ordinance, notice that it has been introduced shall be published one time by the clerk in the official newspaper in which sheriff's advertisements for Bryan County appear at least eight days before final passage of said ordinance. Said notice shall state that such ordinance has been introduced in the council and shall include a general description of the improvement, its location, estimated cost, and shall state that the actual cost or such part thereof as the ordinance provides, will be assessed against the abutting real estate and the owners thereof, or against such real estate and the owners thereof as shall be benefited by such improvement, and that anyone objecting to such improvement, or objecting to the amount of his or her assessment may appear and make such objections at the next regular meeting of the council after the expiration of said eight days. No other or further notice of any kind shall be required, but if some other notice is given or ordered to be given failure to give such additional notice shall not invalidate such ordinance or the assessment of such costs or the lien herein created against such abutting or other real estate nor the ordinance assessing the costs of such improvement. The second reading of such ordinance shall not be waived until the expiration of said eight days after said publication of notice required by this section. But after the expiration of said eight days notice such ordinances may be taken up and adopted at any regular meeting of the council without further notice. Assessments. Section 38. When the city council orders any street, sidewalk, or way paved or otherwise improved, upon which
Page 2523
any public property abuts, the city council shall assess the cost of such improvements against said public property in the same manner and to the same extent as it does where private property is assessed. And when any street, sidewalk or alley is paved or otherwise improved, upon which public property abuts, and the public officer or agency controlling such public property fails or refuses to pay the assessed cost of such improvements, the city council shall enforce payment of the same by levy and sale, mandamus or other appropriate legal proceedings; provided, such action for collection of the assessed cost of such improvements upon which public property abuts may be defended by the authorities in control of said public property by proving that the amount claimed to be due, or some part thereof, is not justly due or owing by said authorities; and, provided further, that when any action is begun and said authorities admit that part of the amount claimed is due, the amount so admitted to be due shall be paid as a condition precedent before any defense shall be heard by any court. Same. Section 39. Cost assessed against any abutting or other property and the owners thereof for sewers, sidewalks, streets, or street curbing shall, except as otherwise provided by this Act, include all cost of such improvement, including necessary engineering, surveying, ditching, back filling, grading, blasting, dynamiting, pipe, and all other labor and materials, and shall include tearing up and reconstructing, repaving, repairing and replacing of sewers, streets, sidewalks and street curbing, and extending, relocating and regarding for any of these, to the private property line of the property assessed. Expense of maintenance and repairs of public streets shall not be assessed against abutting real estate, but cost of maintenance and repair of sidewalks, curbing and service sewers may be so assessed. Same. Section 40. To secure costs of streets, sidewalks, sewer and street curbing assessed against abutting or other real estate and the owners thereof, and costs of repaid of any of these, said city shall have a lien against such abutting real estate and the owners thereof, or against the real estate and
Page 2524
the owners thereof for the sole benefit of which such improvement is made, from the date of adoption of the ordinance providing for the work and assessing the cost, which lien shall be prior and superior to all other except State, county and city taxes, and said city shall have the right to sell and transfer all such liens and claims to third parties, who shall be protected by the same lien and rights as the city has and holds against such property and the owners thereof. Nothing in this section shall be construed to deprive the property owner of the right of paying for said improvement in cash at the completion of the work if he desires to do so. Same, liens. Section 41. When any street, sidewalk, sweer or curbing or other improvement shall be constructed, reconstructed, repaired or replaced, pursuant to an ordinance providing for the same and providing for assessment of the cost thereof, or a part thereof, against the abutting or other real estate, the owners thereof shall be allowed to pay for the same, except in case of repairs, as follows: One-fifth cash and the balance in four equal annual installments within the next four years thereafter, with interest on said deferred installments at the rate of seven per centum (7%) per annum from the date of adoption of the final assessment ordinance. Same, payment. Section 42. Sidewalks shall be constructed on one side of a street and the cost thereof assessed against the abutting real estate and owners thereof on that side of such street if the owners of more than fifty per centum (50%) of the street frontage on that side of said street so request. Sidewalks may be constructed on either or both sides of a street, and the cost thereof shall be assessed against the abutting or other real estate and the owners thereof, without the consent of any such abutting or other real estate owners when the city council deems it proper or desirable for such sidewalks to be laid and they are not laid for the sole benefit of persons other than such abutting or other real estate owner. Sidewalks. Section 43. Costs assessed against property and the
Page 2525
owner thereof for street, sidewalk, curbing, sewers or other like or similar work shall all become due and payable in full if any installment is not paid within sixty (60) days from the day it is due. Same. Section 44. The city council shall have full power and authority to enforce collection of amounts so assessed by execution against the real estate to be assessed and the owner thereof at the date of the ordinance providing for the work, which execution, if not paid, shall be issued by the clerk of the city and levied on such real estate by the chief of police, as city marshal, or his lawful deputy, and after such advertisement as in cases of sales for Richmond Hill taxes, such property shall be sold at public outcry to the highest bidder for cash, if such execution and costs have not been previously paid; provided such property owner shall have the right to file an affidavit denying that the whole or some part of the amount for which the execution issued is owing or due, and stating what amount, if any, he admits to be owing, which amount so admitted to be owing shall be paid to the levying officer before the affidavit shall be received, which affidavit when received shall be returned to the Superior Court of Bryan County and there tried and the issue determined, as in case of illegalities, subject to all the penalties provided by law in cases of illegality filed for delay only. Same, collection of assessments. Section 45. Any street railroad company or other railway company having a track or tracks running along or across a street or streets of said city, shall be required to pay the cost in full for paving or otherwise improving such street or streets between their tracks and two feet on each side thereof. Any bus company or other public transportation company shall also be liable for such street taxes as the council may lawfully impose. Railroads and buses. Section 46. Not less than five (5) nor more than twelve (12) 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 Bryan County to issue the call for an election for the purpose of submitting this Act to
Page 2526
the voters of Richmond Hill for approval or rejection. The Ordinary shall set the date of such election for a day not less than ten (10) 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 Bryan County. The ballot shall have written or printed thereon the words: For approval of the Act incorporating the City of Richmond Hill. Against approval of the Act incorporating the City of Richmond Hill. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. 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. It shall be the duty of the Ordinary to hold and conduct such election. The Ordinary shall keep a record of all expenses incurred in holding said election. If the Act is approved by the voters of Richmond Hill, the expense of such election shall be borne by the City of Richmond Hill. The Ordinary shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 47. 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 1962 Session of the General Assembly of
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Georgia, a bill to incorporate the City of Richmond Hill in Bryan County; and for other purposes. This 18th day of December, 1961. /s/ Jack W. Shuman, Representative, Bryan County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rep. Jack W. Shuman, who, on oath, deposes and says that he is Representative from Bryan County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Pembroke Journal, which is the official organ of said county, on the following dates: December 21, 1961, December 28, 1961, and January 4, 1962. /s/ Jack W. Shuman, Representative, Bryan County. Sworn to and subscribed before me, this 16th day of January, 1962. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires October 6. 1964. (Seal). Approved March 3, 1962.
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CITY OF DUDLEYNAME CHANGED FROM TOWN OF DUDLEY, TERMS OF MAYOR ETC., REFERENDUM. No. 737 (House Bill No. 825). An Act to amend an Act incorporating the Town of Dudley in the County of Laurens, approved December 16, 1902, (Ga. L. 1902, p. 402), as amended, so as to change the name of said Town of Dudley to the City of Dudley; to change the date of holding city election; to change the hour of opening and closing of the polls for municipal elections; to extend the term of the present mayor and council; to change the term of office of mayor and council; to provide for permanent registration; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Dudley in the County of Laurens, approved December 17, 1902, (Ga. L. 1902, p. 402), as amended, is hereby amended by striking the word town wherever it appears and inserting in lieu thereof the word city, so that the name of said municipality shall be the City of Dudley. City of Dudley. Section 2. Said Act is further amended by striking in its entirety section 3 and inserting in lieu thereof the following: Section 3. That the present mayor and members of the council shall serve until December 31, 1962 and until their successors are qualified. Terms of mayor and council. Section 3. Said Act is further amended by striking in its entirety section 4 and inserting in lieu thereof the following: Section 4. On the first Wednesday in December 1962 and biennially thereafter, there shall be elected a mayor for said City of Dudley to serve two years, commencing on the first day of January next after his election and until his successor is elected and qualified. On the first Wednesday in
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December, 1962, there shall be an election to elect five councilmen for said City of Dudley. The three candidates receiving the highest number of votes in said election shall serve for a term of two years, commencing on the first day of January next after said election and until their successors are elected and qualified. The two candidates receiving the next highest number of votes, shall serve for a term of one year, commencing on the first day of January next after said election, and until their successors are elected and qualified. Thereafter, on the first Wednesday in December in each year an election shall be held to elect successors to the councilmen whose terms expire on December 31, following the election, and councilmen so elected shall serve for a term of two years commencing the first day of January next after their election and until their successors are elected and qualified. Elections are to be held in the City of Dudley under the supervision of a justice of the peace and two freeholders, all of whom shall be residents of said city. The polls shall be open at 12:00 o'clock noon and shall close at 7:00 o'clock p.m., standard time. No one shall be entitled to vote in any municipal election in said city, unless he is a duly registered voter of said city. Any person duly registered to vote as provided hereinafter shall be permanently registered, provided said person votes in a municipal election at least once every three years. Any registered voter who does not vote in a municipal election at least once every three years must register again to be eligible to vote. Elections. Section 4. Not less than 20 nor more than 30 days after the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the Clerk of the City of Dudley to issue the call for an election for the purpose of submitting this Act to the voters of said City for approval or rejection. The Clerk shall set the date of such election for a day not less than 20 nor more than 30 days after the issuance of the call. The Clerk shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Laurens County. The ballot shall have written or printed thereon the words:
Page 2530
For approval of the Act to extend the term of the present Mayor and Council of the City of Dudley; and for other purposes. Referendum. Against approval of the Act to extend the term of the present Mayor and Council of the City of Dudley; 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 approval of the Act, it shall be void and of no force and effect. The expenses of such election shall be borne by The City of Dudley. It shall be the duty of the Clerk to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the Clerk to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 5. 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 in the 1962 session of the Georgia General Assembly, said notice having been published on December 23rd, 30th, 1961, and January 6th, 1962. /s/ W. H. Champion Editor Publisher Dublin, Ga., Courier-Herald
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Sworn to and signed before me this 17th day of January, 1962. /s/ Cora Lee M. Prescott My commission expires Oct. 2nd, 1965. (Seal). 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, 1962, for passage of a bill to amend the Act incorporating the Town of Dudley so as to change the name of said Town of Dudley to the City of Dudley; to change the date of holding city election; to change the hours of opening and closing of the polls for municipal election; to extend the term of the present mayor and council; to change the term of office of mayor and council; to provide for permanent registration; to provide for a referendum; to repeal conflicting laws, and for other purposes. W. H. Lovett, Representative, Laurens County, Georgia. D. W. Knight, Jr., Representative, Laurens County, Georgia. Approved March 3, 1962. CITY COURT OF COLUMBUSSALARIES, ASSISTANT SOLICITOR. No. 739 (House Bill No. 847). An Act to amend an Act approved December 20, 1884 (Ga. L. 1884-85, p. 455), entitled An Act to establish a City Court in the City of Columbus for Muscogee County, and to provide for the appointment of a judge and solicitor thereof, and for other purposes, and Acts amendatory thereof; to provide for the appointment of an assistant to
Page 2532
the solicitor of said court; to define the duties and fix the compensation of said assistant solicitor; to increase the salary therein specified for the judge and solicitor of said court; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act approved December 20, 1884 (Ga. L. 1884-85, p. 455 et seq.) entitled An Act to establish a City Court in the City of Columbus for Muscogee County, and to provide for the appointment of a judge and solicitor thereof, and for other purposes, and particularly as amended by the Act approved February 26, 1957 (Ga. L. 1957, p. 2302) is hereby amended to provide that the salary of the judge of the city court shall be $12,000 per annum, payable in twelve (12) equal monthly installments. Judge's salary. Section 2. The Act approved December 20, 1884 (Ga. L. 1884-85, p. 455 et seq.) entitled An Act to establish a City Court in the City of Columbus for Muscogee County, and to provide for the appointment of a judge and solicitor thereof, and for other purposes, and particularly as amended by the Act approved December 12, 1953 (Ga. L. 1953, Nov. Sess., p. 2315) is hereby amended to provide that the salary of the solicitor of the City Court of Columbus shall be $8,500 per year payable in twelve (12) equal monthly installments. Solicitor's salary. Section 3. (a) The Act approved December 20, 1884 (Ga. L. 1884-85, p. 455 et seq.) entitled An Act to establish a City Court in the City of Columbus for Muscogee County, and to provide for the appointment of a judge and solicitor thereof, and for other purposes, as heretofore amended, is hereby amended to provide that the solicitor of the City Court of Columbus shall have the power and authority to appoint, with the approval of the city court judge, one assistant, to be known as the assistant solicitor of the City Court of Columbus. Said assistant solicitor shall serve at the pleasure of the solicitor of the City Court of Columbus. Assistant solicitor. (b) Said assistant solicitor shall have arrived at the age
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of 21 years, shall have been a resident of Muscogee County, Georgia, for three years, shall have been admitted to the Bar of Georgia and shall have practiced for more than one year immediately preceding his appointment. (c) It shall be the duty of said assistant solicitor to perform such duties as may be required of him by the solicitor and he shall take the same oath of office as the solicitor. When acting on behalf of said solicitor, the assistant solicitor shall have all the authority, duties and powers as are vested in the solicitor. (d) Said assistant solicitor shall be paid an annual salary of $3,600, said salary to be paid in twelve (12) equal monthly installments by the commissioners of roads and revenues of Muscogee County, Georgia, from the treasury of said county. (e) The assistant solicitor of the city court shall be permitted to continue the private practice of law in any court but the criminal divisions of the City Court of Columbus; provided, however, that he may not act as an attorney in any case which might later be transferred or referred to said City Court of Columbus for trial in the criminal division of said court. Section 4. This Act shall become effectively immediately upon passage. 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 bill has been published in the Columbus Ledger, a newspaper in which the Sheriff's advertisements in Muscogee County, Georgia, are published once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this Act is a copy of said notice certified to by the publisher of said paper as provided by law.
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Notice of Local Legislation. State of Georgia, County of Muscogee. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which convenes in January, 1962 for the passage and approval of a bill entitled as follows: An Act to amend an Act approved December 20, 1884, entitled `An Act to establish a City Court in the City of Columbus for Muscogee County, and to provide for the appointment of a judge and solicitor thereof, and for other purposes' and Acts amendatory thereof; to provide for the appointment of an assistant to the solicitor of said court; to define the duties and fix the compensation of said assistant solicitor; to increase the salary therein specified for the judge and solicitor of said court; to repeal all laws in conflict herewith; and for other purposes. This 13th day of December, 1961. A. J. Land W. B. Skipworth, Jr. Georgia, Muscogee County: This is to certify that the attached copy of notice of intention to apply for the passage of a local bill has been published as provided by law once a week for three (3) weeks, to-wit: December 14, December 21, and December 28, 1961, in the Columbus Ledger, the newspaper in which sheriff's advertisements for Muscogee County are published. /s/ M. R. Ashworth Publisher, The Columbus Ledger, Columbus, Georgia
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Sworn to and subscribed before me this the 4 day of January, 1962. /s/ Barbara T. Moss Notary Public, Muscogee County, Georgia. (Seal). Approved March 3, 1962. SUMTER COUNTYCOMPENSATION OF TREASURER. No. 740 (House Bill No. 851). An Act to amend an Act entitled An Act to fix the compensation, or salary, of the treasurer of Sumter County in lieu of commissions or other compensation now received by him; to provide how said salary shall be paid; to define the duties of said county treasurer; to provide when this Act shall go into effect, and for other purposes., approved August 7, 1917 (Ga. L. 1917, p. 390), so as to increase the compensation, or salary, of the treasurer of Sumter 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 fix the compensation, or salary, of the treasurer of Sumter County in lieu of commissions or other compensation now received by him; to provide how said salary shall be paid; to define the duties of said county treasurer; to provide when this Act shall go into effect, and for other purposes., approved August 7, 1917 (Ga. L. 1917, p. 390), is hereby amended by striking from section 1 the words and figures twelve hundred ($1,200.00) dollars and inserting in lieu thereof the words and figures two thousand four hundred ($2,400.00) dollars and by striking the words and figures one hundred ($100.00) dollars and inserting in lieu thereof the words and figures two hundred ($200.00) dollars so that when so amended section 1 shall read as follows:
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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, and annually thereafter, the treasurer of Sumter County, Georgia, shall receive, as full compensation for his duties and in lieu of any and all fees, commissions or emoluments whatsoever now received by him, an annual salary of two thousand four hundred ($2,400.00) dollars, payable in monthly installments of two hundred ($200.00) dollars per month, at the end of each calendar month, out of the funds of the county. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Sumter. James R. Blair being duly sworn according to law does on oath state that he is publisher of the Americus Times Recorder, a newspaper of general circulation in Sumter County, Georgia, and that the notice of intention to introduce local legislation appearing below was published in the Americus Times Recorder, the paper in which sheriff's advertisements are published, on the dates of December 22, December 29, 1961, and January 5, 1962. /s/ James R. Blair Sworn to and subscribed before me this 6th day of January, 1962. /s/ Ann W. Sheffield Notary Public. My commission expires 11-8-62. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1962 session of the General Assembly of Georgia a bill to increase the compensation of the Treasurer of Sumter County, Georgia, and for other purposes, and to repeal laws in conflict therewith.
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This 20th day of December, 1961. Thad M. Jones, Hiram K. Undercofler, State Representatives of Sumter County Approved March 3, 1962. CITY OF DAWSONCORPORATE LIMITS, REFERENDUM, CHARTER AMENDED. No. 741 (House Bill No. 953). An Act to amend the charter of the City of Dawson, Georgia in the following respects: 1. To provide for the annexation to the territory of, and the inclusion within the present corporate limits, of certain additional separate areas, to be known as Extension No. 1, and Extension No. 2, the perimeter area of each to be as follows: Extension No. 1 To commence where the present city limits intersects with the east line of the right of way of the Central of Georgia Railway Company in the 12th land district of Terrell County, Georgia, and follow said right of way line in a northeasterly direction to the north line of land lot No. 226 in said land district, thence follow the north line of said land lot 226 east to a point 200 feet east from the center line of the existing State Highway No. 118, thence in a slightly southwesterly direction parallel with and 200 feet from the center line of said Highway to the present line of the city limits of Dawson. Extension No. 2 To commence where the north line of the right of way of the Dawson and Leesburg Public Road intersects with the present city limits of Dawson in land lot No. 255 in the 12th land district and run thence
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in an easterly direction along said right of way line to the northeast corner of the intersection of the public road known as the Hardshell Road, thence follow the east boundary of said Hardshell Road in a southerly direction to the northeast corner of the first prong of the intersection of the Highway which is a continuation from Georgia Avenue, thence follow the south boundary of said Highway which is a continuation from Georgia Avenue, thence follow the south boundary of said Highway until it reaches the east line of land lot No. 15 in the 3rd land district, thence follow the east line of land lots Nos. 15 and 18 to the southeast corner of the north half of land lot No. 18 in said district, thence west along the south line of the north half of land lots Nos. 18 and 17 to the run of Canal Creek, thence in a northwesterly direction along the run of said Creek to the present line of the city limits of Dawson. To provide for a separate referendum and election for each of the foregoing proposed extensions in which the registered qualified voters in Terrell County, who reside in, or who own property in, the proposed area to be annexed, may vote on such proposal, and the effective date of such annexation if a majority of the voters who vote in said election favor such annexation. 2. To amend the present charter of the City of Dawson so as to authorize a tax levy for general operating purposes for the City of Dawson not to exceed 20 mills on the dollar of the assessed value of all property in said City. 3. To amend the present charter of the City of Dawson to provide that the mayor and members of the city council of Dawson will be eligible to succeed themselves in office. 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 section five (5) of the charter of the City of Dawson, Georgia, approved August 7th, 1909, be
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and the same is hereby amended by adding thereto the following: There is hereby annexed to the present corporate limits of the City of Dawson, an additional area to be known as Extension No. 1, which includes the area, the perimeter of which is as follows: Commence where the present city limits of the City of Dawson intersects with the east line of the right of way of the Central of Georgia Railway Company in the 12th land district of Terrell County, Georgia, and run thence in a northeasterly direction along the east line of said right of way line of said Railroad to the north line of lot of land No. 226 in said land district, thence east along the north line of said lot No. 226 to a point 200 feet east from the center line of the existing State Highway No. 118, thence in a slightly southwesterly direction parallel with and 200 feet east from the center line of said Highway to the present corporate limits of the City of Dawson. Corporate limits. There is also hereby annexed to the present corporate limits of the City of Dawson, an additional area to be known as Extension No. 2, which includes that area, the perimeter of which is as follows: Commence on the north line of the right of way of the existing Dawson and Leesburg Public Road (State Highway No. 32) where same intersects with the present city limits of Dawson, Georgia, in the 12th land district of Terrell County, Georgia, and run thence in an easterly direction along said right of way line to the northeast corner of the intersection of said Highway with the public road known as the Hardshell Road, thence in a southern direction along the east boundary of said Hardshell Road to the northeast corner of the intersection of said Hardshell Road with the first or north prong of the Highway which is a continuation from Georgia Avenue in the City of Dawson, and run thence along the eastern and southern boundary of said Highway leading from said Georgia Avenue to the east line of land lot No. 15 in the 3rd land district of Terrell County, Georgia, thence south along the east line of land lots Nos.
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15 and 18 in said 3rd land district to the southeast corner of the north half of said land lot No. 18, thence west along the south line of the north half of land lots Nos. 18 and 17 in said 3rd land district to the center of the run of Canal Creek, thence in a northwesterly direction along the center of the run of Canal Creek to the present city limits of the City of Dawson, Georgia. Section 2. The annexation of the areas defined in section one hereof shall not become effective unless ratified by a majority of the registered qualified voters of Terrell County, Georgia, who reside in, or who own real estate in, the proposed area to be annexed, who vote in a special referendum election, to be held for that purpose, in the manner hereinafter provided, which election shall be called by the Ordinary of Terrell County, Georgia, and held and the result determined as hereinafter set out. Within ninety (90) days after the passage and approval of this Act, the board of registrars of Terrell County Georgia shall compile, from the registered qualified voters of said county, a list of the registered qualified voters who reside in, or who own real estate, in that area hereinbefore defined as Extension No. 1, and shall likewise compile a list of the registered qualified voters who reside in, or who own real estate in that area heretofore defined as Extension No. 2. Each such list of voters shall be separate, shall be identified as Registered Voters for Extension No. 1, and Registered Voters for Extension No. 2, and each list shall be certified by the Registrars and filed with the Ordinary of Terrell County, Georgia. When the certified list of Registered Voters as above provided have been filed with the Ordinary of Terrell County, Georgia, the said Ordinary shall issue an order calling for the referendum election for the purpose of voting on said extensions, which election shall be held within forty-five (45) days from the date same is called. The Ordinary shall cause notice of said election to be published once a week for four weeks prior to the date of said election, said published notice to be in the newspaper in Terrell County in which
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the sheriff's advertisements are published, and shall fix the date of said election, which shall be held at the voting precinct at the courthouse in the 1154th district G.M. of said county, the purpose of said election and such other information as the Ordinary may deem necessary; said election to be held in the same manner as other special elections are held. Referendum. The Ordinary shall provide the ballots for said election, which shall be the three piece type secret ballot such as is used in general elections. Those voters entitled to vote on the question of annexing Extension No. 1, shall have printed on their ballots the word, For City Limits Extension No. 1, and Against City Limits Extension No. 1. Those voters entitled to vote on the question of Extension No. 2, shall have printed on their ballots the words: For City Limits Extension No. 2 and Against City Limits Extension No. 2. The managers to hold said election shall be named by the Ordinary of Terrell County, Georgia, and such managers shall be required to keep separate lists of voters, separate ballot boxes and separate records for each of said extensions, and shall file separate returns to the Ordinary of the result of the election for each of said extensions. Should a majority of the voters voting on the annexation of Extension No. 1 be in favor of such annexation, the Ordinary shall enter up an order declaring the area hereinbefore defined as Extension No. 1 to be within the corporate limits of the City of Dawson from and after December 31st, 1962 at 12 o'clock midnight. Likewise, should a majority of the voters voting on the annexation of extension No. 2 be in favor of such annexation, the Ordinary shall enter an Order declaring the area hereinbefore defined as Extension No. 2 to be within the corporate limits of the City of Dawson from and after December 31st, 1962 at 12 o'clock midnight. The order or orders declaring either or both of said extensions to be annexed to the city limits of the City of Dawson shall be entered on the minutes of the Court of Ordinary of Terrell County, Georgia, and such order or orders so entered shall be conclusive evidence of the annexation of the Territory
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embraced within such extensions as herein defined, to be effective from and after December 31st, 1962 at 12 o'clock midnight. Should said election result in the annexation of either or both of said extensions, then the residents within the annexed area who are qualified voters of Terrell County, Georgia, may qualify as voters in the City of Dawson, at any time after the effective date of such annexation. The entire expenses of holding said referendum elections as hereinbefor provided shall be paid by the City of Dawson. Section 3. That section 11, sub-paragraph (a) of the charter of the City of Dawson approved August 7th, 1909, and as amended by section 2 of an Act approved February 23rd, 1956, which amended Act is found on pages 2515-2518 of the 1956 Acts of the General Assembly of the State of Georgia, is hereby amended by striking in its entirety said sub-paragraph (a) of said section 11, and said section 2 of said Amending Act, and inserting in lieu thereof another sub-paragraph to be known as paragraph 11 (a) of the charter of the City of Dawson, the following: The City Council of Dawson, Georgia shall have the power and authority to levy and collect such taxes for the ordinary current expenses of said city not in excess of twenty (20) mills on the dollar upon the assessed values of all property is said city. Tax rate. Section 4. That section two (2) of the charter of the City of Dawson, approved August 7th, 1909, be and the same is hereby amended by striking from said section, the following: The mayor and each alderman shall be ineligible for re-election to their respective offices for the ensuing term upon the completion of their respective terms of office, and inserting in lieu thereof, the following: The mayor and each member of the city council of Dawson shall be eligible to succeed themselves in office. Mayor and council. Section 5. All laws and parts of laws in conflict with this Act, be and the same are hereby repealed. Except as
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otherwise provided herein, this Act shall be effective from and after the date of its adoption. Section 6. Notice of intention to apply for the passage of the foregoing local bill was published in the newspaper in Terrell County, Georgia, in which the Sheriff's advertisements are published, namely, the Dawson News, once a week for three weeks during the period of sixty (60) days immediately preceding its introduction in the General Assembly of Georgia. Attached hereto and made a part of this Act is a copy of said notice certified by the publisher of said paper. Notice of Local Legislation. There will be introduced for passage at the January-February 1962 session of the General Assembly of Georgia, a local bill, affecting the City of Dawson, Georgia, the caption of which is as follows: An Act to amend the charter of the City of Dawson, Georgia, in the following respects: 1. To provide for the annexation to the territory of, and the inclusion within the present corporate limits of the City of Dawson, of certain additional separate areas, to be known as Extension No. 1 and Extension No. 2, the perimeter area of each to be as follows: Extension No. 1To commence where the present city limits intersects with the east line of the right of way of the Central of Georgia Railway Company in the 12th land district of Terrell County, Georgia, and follow said right of way line in a northeasterly direction to the north line of land lot No. 226 in said land district, thence follow the north line of said land lot 226 east to a point 200 feet east of the center line of the existing State Highway No. 118, thence in a slightly southwesterly direction parallel with and 200 feet east from the center line of said Highway to the present line of the city limits of Dawson. Extension No. 2To commence where the north line of the right of way of the Dawson and Leesburg Public Road
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intersects with the present city limits of Dawson in land lot No. 255 in the 12th land district, and run thence in an easterly direction along said right of way line to the northeast corner of the intersection of the public road known as the Hardshell Road, thence follow the east boundary of said Hardshell Road in a southerly direction to the northeast corner of the first prong of the intersection of the Highway which is a continuation from Georgia Avenue, thence follow the south boundary of said Highway until it reaches the east line of land lot No. 15 in the 3rd land district, thence follow the east line of land lots Nos. 15 and 18 to the southeast corner of the north half of lot No. 18 in said district, thence west along the south line of the north half of land lots Nos. 18 and 17 to the run of Canal Creek, thence in a northwesterly direction along the run of said Canal Creek to the present line of the city limits of Dawson. To provide for a separate referendum and election for each of the foregoing proposed extensions in which the registered qualified voters in Terrell County who reside in, or who own property in, the proposed area to be annexed, may vote of such proposal, and the effective date of such annexation if a majority of the voters who vote in said election favor such annexation. 2. To amend the present charter of the City of Dawson so as to authorize a tax levy for general operating purposes for the City of Dawson not to exceed 20 mills on the dollar of the assessed value of all property in said city. 3. To amend the present charter of the City of Dawson to provide that the mayor and members of the city council of Dawson will be eligible to succeed themselves in office. And for other purposes. City Council Dawson By R. R. Jones, City Clerk. Georgia, Fulton County. Personally appeared before me, the undersigned authority,
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duly authorized to administer oaths, S. M. Cocke, who, on oath, deposes and says that he is Representative from Terrell County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dawson News, which is the official organ of said county, on the following dates: Jan. 4, 11, and 18, 1962. /s/ S. M. Cocke Representative, Terrell County Sworn to and subscribed before me this 29th day of January, 1962. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved March 3, 1962. CITY OF KENNESAWCORPORATE LIMITS. No. 742 (House Bill No. 1166). An Act to amend an Act creating a new charter for the City of Kennesaw, approved February 16, 1950 (Ga. L. 1950, p. 2506), as amended, particularly by an Act approved December 18, 1953 (Ga. L. 1953 Nov.-Dec. Sess., p. 2826), an Act approved February 20, 1958 (Ga. L. 1958, p. 2224), an Act approved March 10, 1959 (Ga. L. 1959, p. 2717), and an Act approved February 17, 1960 (Ga. L. 1960, p. 2133), so as to change the corporate limits of the City of Kennesaw; 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 Kennesaw, approved February 16, 1950 (Ga. L. 1950, p.
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2506), as amended, particularly by an Act approved December 18, 1953 (Ga. L. 1953 Nov.-Dec. Sess., p. 2826), an Act approved February 20, 1958 (Ga. L. 1958, p. 2224), an Act approved March 10, 1959 (Ga. L. 1959, p. 2717), and an Act approved February 17, 1960 (Ga. L. 1960, p. 2133), is Section 2(c). There is hereby excluded from the corporate limits of the City of Kennesaw the parcels of land hereinafter described and all such territory shall no longer be a part of the City of Kennesaw. Corporate limits. Parcel 1. All that tract or parcel of land lying and being in Cobb County, Georgia, and in the 20th district and 2nd section, and in land lot No. 98, and being lot No. 1 of the subdivision on the southwest side of Chalker Road and containing one-half () acre, more or less, and is more particularly described as follows: Beginning at an iron pin on the southwest side of Chalker Road and on the east side of a 40 foot road known as White Oak Drive, this iron pin is also 860 feet, as measured along the southwest side of Chalker Road, southeast of the northwest corner of land lot 98, and running thence south 14 degrees west along the east side of White Oak Drive 200 feet to an iron pin; thence southeast along land now or formerly owned by L. C. Chalker 100 feet to an iron pin; thence north 14 degrees east along land now or formerly owned by L. C. Chalker 200 feet to an iron pin and a power line pole on the southwest side of Chalker Road; thence northwest along the southwest side of Chalker Road 100 feet to the point of beginning. Parcel 2. All that tract or parcel of land lying and being in land lot No. 99 of the 20th district, 2nd section, Cobb County, Georgia, and being parcel No. 1 as shown on plat of survey of the property of Harold S. Willingham, prepared by Merritt Welker, Engineers, dated June 1959, a copy of said plat being recorded in plat book 19, page 28, and parcel No. 3 of property shown on plat of survey prepared by Merritt Welker, Engineers, dated July, 1959, and recorded in plat book 19, page 52, Cobb County records, and being more particularly described as follows:
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Beginning at an iron pin located on the east line of said land lot, 653.5 feet south of the northeast corner of said land lot; running thence south 1 degree 21 minutes west for a distance of 663.3 feet to an iron pin; running thence north 88 degrees 07 minutes west for a distance of 845.1 feet to an iron pin; running thence north 02 degrees 03 minutes west for a distance of 250.5 feet to a point; running thence south 88 degrees 07 minutes east for a distance of 211 feet; running thence north 0 degrees 43 minutes east for a distance of 586.9 feet to a point; running thence north 1 degree 03 minutes east for a distance of 453 feet to an iron pin on the south side of Chalker Road; running thence south 88 degrees 07 minutes east for a distance of 378.4 feet to an iron pin located on the south side of Chalker Road; running thence south 1 degree 21 minutes west for a distance of 626.5 feet to an iron pin; running thence south 88 degrees 07 minutes east for a distance of 279 feet to an iron pin and the point of beginning. Parcel 3. All that tract or parcel of land lying and being in original land lots Nos. 101, 127, 128, 139 and 140 of the 20th district, 2nd section of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the north side of old U. S. Highway 41 (Georgia Highway No. 3) at the southwest corner of the property of Morris Brooks; running thence north 20 degrees 53 minutes east for a distance of 274 feet to a point; running thence south 61 degrees 12 minutes east for a distance of 299 feet to a point; running thence north 24 degrees 33 minutes east for a distance of 769.5 feet to a point; running thence north 89 degrees 70 minutes west for a distance of 116 feet to a point; running thence north 0 degrees 42 minutes west for a distance of 165 feet to a point; running thence north 19 degrees 53 minutes east for a distance of 182 feet to a point; running thence north 1 degree 22 minutes west for a distance of 310 feet to a point; running thence north 52 degrees 48 minutes east for a distance of 91 feet to a point; running thence north 30 degrees 50 minutes east for a distance of 220 feet to a point; running thence north 25 degrees 25 minutes east for a distance of 271 feet
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to a point; running thence south 85 degrees 15 minutes west for a distance of 1229 feet to a point; running thence north 1 degree 22 minutes west for a distance of 826.6 feet to a point; running thence north 88 degrees 49 minutes east for a distance of 318.1 feet to a point; running thence north 0 degrees 14 minutes east for a distance of 839.5 feet to a point; running thence south 88 degrees 59 minutes west for a distance of 502.4 feet to a point; running thence south 0 degrees 14 minutes west for a distance of 840 feet to a point located on the south line of land lot 101; running thence south 88 degrees 49 minutes west for a distance of 400 feet to a point; running thence south 1 degree 11 minutes east for a distance of 1460.3 feet to a point; running thence south 74 degrees 00 minutes east for a distance of 454.8 feet to a point; running thence south 22 degrees 20 minutes west for a distance of 709.4 feet to a point located on the northeasterly side of said old U. S. Highway 41; running thence south 45 degrees 35 minutes east for a distance of 53.95 feet to a point; running thence north 22 degrees 20 minutes west for a distance of 466 feet to a point; running thence north 70 degrees 00 minutes east for a distance of 228.4 feet to a point; running thence south 02 degrees 36 minutes east for a distance of 117 feet to a point; running thence south 86 degrees 48 minutes west for a distance of 28 feet to a point; running thence south 14 degrees 40 minutes west for a distance of 297.9 feet to a point; running thence south 75 degrees 20 minutes east for a distance of 12 feet to a point; running thence south 14 degrees 40 minutes west for a distance of 65.3 fee to a point; running thence south 68 degrees 74 minutes east for a distance of 350.2 feet to a point; running thence south 20 degrees 53 minutes west for a distance of 284 feet to a point located on the north side of Old U. S. Highway No. 41; running thence south 67 degrees 37 minutes east for a distance of 100 feet to a point and the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at
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the January-February 1962 session of the General Assembly of Georgia, a bill to amend the charter of the City of Kennesaw (Ga. L. 1950, p. 2506 et seq.) as heretofore amended, and for other purposes. This 5th day of January, 1962. E. W. Teague, Joe Mack Wilson, Harold S. Willingham, Cobb County Representatives. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold S. Willingham, E. W. Teague, Joe Mack Wilson, who, on oath, depose and say that they are Representatives from Cobb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Marietta Daily Journal, which is the official organ of said County, on the following dates: Jan. 5, 12 19, 1962. /s/ Harold S. Willingham Representative, Cobb County /s/ Joe Mack Wilson Representative, Cobb County /s/ E. W. Teague Representative, Cobb County Sworn to and subscribed before me this 31st day of January, 1962. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 3, 1962.
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CITY OF SMYRNACHARTER AMENDED. No. 743 (House Bill No. 1168). An Act to amend an Act of the General Assembly of Georgia, approved August 27, 1931 (Ga. L. 1931, p. 955 et. seq.), being an Act to create a new charter for the City of Smyrna, and all Acts amendatory thereof, so as to repeal and delete section 77 of the charter of the City of Smyrna which was added by Georgia Laws 1959, Volume II, p. 3217, et. seq. as amended by Georgia Laws 1961, Volume II, p. 2571 et. seq. which section provided for civil service for the police and fire departments of said city and to permit other departments of said city to have civil service status when brought under the terms of said Acts as provided therein, and to add to the said charter of the City of Smyrna as amended a new section 77 to provide for civil service for the police and fire departments of said city and for the other departments of said city when brought under the terms of this Act as provided herein; also to amend said charter of the City of Smyrna as amended so as to increase the corporate limits of said City of Smyrna; also to amend said charter as amended to authorize the mayor and council of the city of Smyrna to expend general funds of the city for the maintenance and improvement of streets, sidewalks, alleys, squares and parks within the city; also to amend said charter of the City of Smyrna as amended so as to change the voter registration cut-off date from fifteen days preceding an election to forty-five days; also to amend said charter as amended to require that a candidate for either mayor or councilman of said city shall file with the clerk of the city written notice of his or her intention to be a candidate, either for mayor or councilman forty-five days prior to the election in which he or she desires to be such a candidate and to pay a qualification fee to said clerk in the amount of $50.00 if a candidate for mayor and in the amount of $25.00 if a candidate for councilman; and also to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same as follows: Section 1. Section 77 of the charter of the City of Smyrna which was added by Georgia Laws 1959, Volume II, p. 3217 et. seq., as amended by Georgia Laws 1961, Volume II, p. 2571 et. seq. so as to provide for civil service for the fire and police departments of said City of Smyrna and for other departments of said city brought under the provisions of said section is hereby repealed and a new section 77 is hereby added to the charter of the City of Smyrna, as provided in Georgia Laws 1931, p. 955 et. seq. as amended, so as to provide civil service for the fire and police departments of said City of Smyrna and other departments of said city brought under the provisions of this Act and said new section 77 of the charter of the city of Smyrna as amended shall include the following: Paragraph 1. (a) All officers and members of the fire and police departments of the City of Smyrna, including the chiefs of such departments and the heads of all other departments which may hereafter come under the provisions of this Act, shall be under and governed by the civil service rules and regulations established under the provisions hereinafter provided, and shall be under the directions and supervisions of mayor and council and the board of civil service in accordance with the provisions stated herein, and all persons who may hereafter be elected or appointed as officers or members of such departments shall thereafter remain and continue in their respective employment as such municipal officers and employees during good behavior, efficiency and obedience to such reasonable rules and regulations as may from time to time be prescribed by said mayor and council and board of civil service as hereinafter provided; provided, however, that nothing herein contained shall be construed to prevent or preclude the removal of any officer or member of said fire or police departments of the City of Smyrna as provided in this Act. Civil service. (b) The members or employees of any other department of the City of Smyrna may come under and be included in
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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 department of said city shall thereafter be vested with all 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. (c) For purposes of clarity, the civil service board has jurisdiction over the promotions and demotions of employees under the provisions of this Act in accordance with such rules and regulations as set up by the Board and approved by mayor and council pertaining to examinations, appointments, promotions and demotions. The board shall in no way have jurisdiction concerning the internal operation of any department under the provisions of this Act, nor with salary increases, salary decreases or rate of pay. Nor shall the board have jurisdiction over the violation of any operational rule or regulation set up by mayor and council pertaining to the operation of the police and fire departments or any other department that may hereafter come under the provisions of this Act. The mayor and council shall have complete jurisdiction over and responsibility for the internal operation of all departments under the provisions of this Act, including the making of rules and regulations for such operations, establishing the rates of pay, deciding upon salary increases and decreases, amounts of vacation pay and in all other provisions relating to the actual operation of the departments. Mayor and council shall have sole authority and jurisdiction of operational rules and regulations as established by mayor and council.
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Paragraph 2. The following definitions, as used hereinafter, shall apply: Members of the Fire Department: The words Members of the Fire Department, as used herein, shall mean and include the chief, assistant chief of the fire department, captains, lieutenants, engineers, assistant engineers and firemen, fire inspectors, and all others who are regularly carried on the payroll of such fire department, and in addition to these specifically named hereinbefore such others as 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 and include the chief, all officers of said department, the patrolmen, plain clothesmen, and such other persons as such civil service board may find and designate to properly be such members, respectively, of said police department. Freeholder: The word Freeholder as used in this Act shall mean and include any citizen of the City of Smyrna who owns land in said city and it shall also include any such citizen who owns an interest in land in said city greater than a 75 year estate for years. Paragraph 3. The present civil service board of the city which was organized under the prior amendment to the city charter (Ga. L. 1959, pp. 3217 et. seq.) shall remain in effect and continue to function and the present members of the civil service board, who were appointed as hereinafter provided shall continue as members thereof until the expiration of their terms as provided in this section. Said members were selected as follows: The mayor and council of the City of Smyrna appointed a resident and freeholder of said city as a member of said civil service board for a term of six years; the members of the fire and police departments, by secret ballot, elected a resident and freeholder of said City of Smyrna as a member of said civil service board for a term of four years and the election was certified by the chiefs of the fire and police departments to the
Page 2554
mayor and council of the City of Smyrna and entered upon the minutes of said council. The two men so selected a third resident and freeholder of Smyrna for a term of two years, and this selection was in writing and signed by them and entered upon the minutes of the mayor and council of the city of Smyrna. In the event of a vacancy upon said board caused by death, resignation or other cause, the vacancy shall be filled by election by either the mayor and council of the City of Smyrna, the members of the departments of the city subject to the provisions of this Act, or the two members of said board who shall elect such successor for the unexpired term. If any member of the civil service board shall miss and fail to attend any two consecutive meetings of the board duly and properly called as herein provided, then in such event the mayor and council of the City of Smyrna at any regular or special meeting may by resolution terminate the term of such member and declare that a vacancy exists on said board which shall be filled as above provided. No person shall be eligible to be a member of said board who holds any office of profit or trust under the city, county or state, or who is less than twenty-five years of age or over sixty-five years of age, and who is not a freeholder and a bona fide resident and qualified voter of said city. At the expiration of the term of each member presently serving, a successor shall be elected by the mayor and council to fill the office of the member elected by them and by the members of the departments subject to the provisions of this Act to fill the office of the member elected by the members of the police and fire departments and the third member's term shall be filled as hereinabove provided. There shall be three members of said board at all times and a member shall be eligible to succeed himself if duly elected to do so. All persons elected for a full term after passage of this Act shall be elected for a six year term. Paragraph 4. Every person who shall be elected as a member of such civil service board according to the provisions of this Act shall, within fifteen days after such election, qualify by taking oath that he is eligible for said office and will execute the duties of the same according to the best of his knowledge and ability, and such other oath
Page 2555
as may be required by the charter of the City of Smyrna and the laws of the State of Georgia of public officials. Such oath shall be administered by any person authorized by law to administer oaths, and a copy thereof filed with the clerk of the mayor and council of the City of Smyrna. Paragraph 5. (a) The civil service board shall make rules and regulations to carry out the provisions of this Act pertaining to examinations, appointments, promotions, demotions and removals and same shall be in accordance with the rules and regulations of the civil service board. All such rules and regulations shall be submitted to the mayor and council for approval or rejection and shall become binding only after approval by mayor and council. The civil service board may, from time to time, make changes to such rules and regulations subject to approval by mayor and council of the city of Smyrna. (b) The mayor and council of the City of Smyrna shall be charged with the internal operation of all departments under the provisions of this Act and shall make such rules and regulations pertaining to the internal operations of such departments as it may deem necessary, provided that no such rules or regulations shall conflict with, nor encroach upon, the authority and regulations of the civil service board pertaining to examinations, appointments, promotions and demotions. Persons suspended or discharged by department heads for violating rules to be adopted by mayor and council shall be notified immediately in writing, giving the grounds therefor, and a copy of such notification shall be sent to the clerk of the civil service board. In such cases of suspension or discharge the affected employee may appeal the action taken to the civil service board by written request within three (3) days from the date of notification of such suspension or discharge. The civil service board shall hold a public hearing within seven (7) days from the date such request was received by the clerk of the civil service board. Requests for postponements of such hearing may be made by the employee, the department head or any member of the civil service board, but in no event shall the date of the hearing exceed fourteen (14) days from the date of the
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initial request for such hearing. The civil service board, upon completion of a public hearing concerning suspension or discharge, shall give a decision in writing to the accused, with a copy thereof to the clerk of mayor and council, within ten (10) days after date of such public hearing. The board shall sustain or reverse the action previously taken. Should the board reverse the action previously taken, the decision of the board shall set out any date of reinstatement, whether retroactive or current, and pay and allowances of the accused shall be determined accordingly. (c) The chiefs of the fire and police departments and the heads of any other department brought within the provisions of this Act, respectively shall, from the membership of their departments recommend for promotion such persons as the occasion may call for to fill any vacancy or vacancies that may occur in said departments. Such recommendation shall be in writing to the civil service board and such board shall fill all vacancies and make all promotions in accordance with such rules and regulations then in effect. The board may seek new applicants for any vacant position in accordance with the rules and regulations then in effect. The chiefs of the fire and police departments and the heads of any other department brought under this Act shall have authority to demote any member of their respective departments, subject to such reasonable rules and regulations established by the civil service board; provided, however, that any such member to be demoted must be notified of such pending demotion in writing at least five (5) days before such demotion is to be effected. A copy of such notice shall be delivered to the clerk of the civil service board immediately and such demotion shall become effective five (5) days from the date of such notice. The affected employee may appeal to the civil service board for a public hearing by written demand within three (3) days from such notice of pending demotion. The civil service board shall hold a public hearing within seven (7) days from the date such request for public hearing was received by the clerk of said civil service board. Requests for postponements of such hearing may be made by the employee, department head or any member of the board, but in no event shall
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the date of hearing exceed fourteen (14) days from date of the initial request for such hearing. The procedure hereinabove outlined covering discharge or suspension shall also apply to all demotions of those employees. 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. Paragraph 6. In case of suspension or discharge of any member of the civil service system of the City of Smyrna, said member shall have the right of certiorari of the Superior Court of Cobb County, Georgia, as provided by the laws of the State of Georgia, after first exhausting the appeal procedure outlined above in this Act. Paragraph 7. All applicants for place or position on departments of the city covered by this Act shall file their applications in writing with the civil service board, said applications to be on the blank forms furnished by the board, and all applicants must be subject to examinations, which shall be public and competitive, and open to all citizens of the United States, within limits as to age, health, habits, and moral character, to be fixed by said civil service board. Said examinations shall be both oral and written and shall be practical in their character and shall relate to those matters which will fairly test the capacity of the persons examined to discharge intelligently the duties of the positions to which they aspire. Paragraph 8. The board shall control all examinations, and whenever an examination is to take place, shall conduct such examination. Every applicant for examination shall pay to the board clerk such sum as may be fixed from time to time by mayor and council, and the receipt therefor shall be attached to his application. Provided that before any such examination is held that public notice of the same shall be given at least 15 days prior to same. Such public notice shall be posted in at least three prominent places,
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two in the City of Smyrna, which shall be as follows: The city hall and post office, and one in the Cobb County courthouse, and it shall also be run once a week for two weeks in a newspaper of general circulation in the City of Smyrna and Cobb County. Paragraph 9. The board shall remain an eligible list for each job vacancy, consisting of the names and addresses of all eligible candidates for such job vacancy, until the same has been filled. The chiefs or heads of any department shall notify the civil service board of any vacancy in the membership of their respective departments and the board shall furnish the chiefs with the name and address of the three candidates standing highest on the eligible list for such positions and the chiefs or heads of the respective departments may select one of the three so certified to him to fill such vacancy, or may request the board to furnish him with the name and address of three additional candidates from which he may fill said vacancy. All appointments shall be on probation for a period of three months from the date of appointment, and at any time before the expiration date of said probationary period the chiefs or heads of said departments, respectively, with the consent of the mayor and council, may discharge any probationer in their departments upon assigning, in writing, his reasons therefor to the board, and such probationer shall not be entitled to a hearing upon such charges. If a probationer be not discharged before the expiration of his probation, his appointment shall be deemed complete. Paragraph 10. All charges brought against any employee under the provisions of this Act shall be in writing and served upon the accused in accordance with the provisions outlined in paragraph five (5) of this Act. 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 board and authorized by mayor and council. The person appealing shall have the right to employ counsel, who shall be a member of the Bar of the State of Georgia, to represent him at the hearing before said board or such person may represent himself at any hearing before
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the board if he desires to do so. Said board shall have the 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 every 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. Paragraph 11. In the course of any investigation by said civil service board, any member thereof shall have the power to administer oaths to any witness. Paragraph 12. The civil service board shall at all times have access to all files, records, and data of the fire and police departments of the City of Smyrna and any other departments covered under this Act, and on request to either the chief or head of said department or the clerk of the mayor and council of the City of Smyrna must be furnished with any such record information as may be approved by the mayor and council and upon their request the chief or head of such department shall furnish to them the name of any employee or member of either department whom they may suggest for the purpose of making any investigation concerning the conduct of any member of said department. Paragraph 13. Said civil service board shall elect one of its members as chairman, who shall hold office as such chairman at the pleasure of the board. Said civil service board shall hold regular meetings on the third Mondays in January, April, July and October, for the transaction of any business that may come before it and may hold special,
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adjourned or call meetings at any time that the same may be called by the chairman of said board or by any two members thereof. In the case of any and all special or called meetings of the board, called in the manner hereinbefore provided, the clerk of the board, which clerk shall be the city clerk of the City of Smyrna, shall give all members of the board five days written notice of such call or special meeting; and such meeting cannot be legally held unless each member receives such five days written notice or waives same in writing. Provided, however, that if a member absents himself from the city for more than 30 continuous days; then in such event a meeting may be duly and regularly held upon giving the requisite notice to the other two members of the board. At any regular, special or call meeting any two members of the board shall constitute a quorum for the transaction of business and the votes of any two members of the board shall be sufficient to transact its business. All meetings of the board shall be held in the city hall of the City of Smyrna, or in such place as the city council holds its meetings. Any meetings called shall be for the transaction of official business of the board. Paragraph 14. Said civil service board shall keep minutes of their meetings and records of all business transacted by them at each and every meeting. All such minutes and records shall be open to inspection at all times by the public and shall be on file in the office of the clerk of the mayor and council of the City of Smyrna. The clerk of the board, or his designee, shall attend all meetings of said civil service board and shall keep the minutes and records of same. Paragraph 15. The compensation of the members and clerk of said civil service board shall be $10.00 for each of them for each meeting attended. The mayor and council of the City of Smyrna shall provide for the payment of the salaries of the members of said civil service board and the clerk, and the payment of all expenses of said board, if approved by the mayor and council, and shall provide in the annual budget for the estimation and appropriation of a sufficient amount to cover same. Paragraph 16. No officer or employee or member of
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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 member or 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. No member of the civil service board shall be eligible to run for election to any municipal office in the City of Smyrna, while serving as a member of said board. Paragraph 17. No member of said fire or police department, or other department brought under this Act, shall in any wise undertake or threaten to degrade, discharge, or demote, or in any manner change the official rank or pay of any officer or employee of said departments, or promise or threaten to do so, for giving or withholding or neglecting to make any contribution of money or any valuable thing for any person, party or for any political purpose whatsoever, or for the support of any candidate. No member of said departments shall receive any promotion as a reward for his support of any candidate or political party, and no member of said departments shall be reduced in rank or pay or discharged for his failure to support any candidate for political office. Paragraph 18. No recommendation made by any officer or official, whether said officer or official be a city, county, State or National officer or official, of any person being examined for membership in said department shall be considered by the civil service board except as the same may apply to the general moral character of the applicant. Paragraph 19. Any member of any department covered by this Act employed by appointment under the civil service rules who shall wilfully, or through culpable negligence violate any provisions of this Act, or any criminal statute of this State, or such ordinance of this city, or the rules of
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said civil service board or mayor or council or of said departments, shall be dismissed from the services of the city, as hereinafter provided, and shall not be subject to reappointment for two years thereafter. Paragraph 20. Any officer or employee of the city other than those holding office under the civil service rules who shall wilfully, or through culpable negligence violate any of the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof in the recorder's court be fined a sum of not more than $100.00 or sentenced to serve not more than thirty days in the jail of said city. Paragraph 21. Every member of the department of the City of Smyrna coming within the provisions of this Act, who is an employee of such department on the day upon which this Act shall go into effect, shall retain his position without examination, and be subject to all the conditions and benefits of thsi civil service law. This provision shall apply to the chiefs or heads of said departments, and all personnel therein. Paragraph 22. No person shall be eligible to take the civil service examination or hereafter to be appointed as a member of the departments of the City of Smyrna covered under the provisions of this Act, who is not a citizen of the United States or who has ever been convicted of a felony, or does not possess a good moral character. Paragraph 23. The civil service board, shall, within ninety days from the effective date of this Act, adopt and have printed a copy of such rules and regulations for examination, appointment, promotion and demotion of the members of the departments of said city which come under the provisions of this Act, as may be consistent with this Act. Said board shall have the power and authority to fix the maximum and minimum age limits of applicants as it may see fit to supplement this Act, and same shall be subject to approval by the mayor and council of the City of Smyrna and shall only be effective on and after the date of said approval.
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Paragraph 24. Any member of the civil service board who shall violate any of the provisions of this Act shall be subject to removal by a majority vote of the mayor and council of the City of Smyrna after a full hearing before same and after having been served such written notice of the charges against him five days before the date set for such hearing. The findings of the said mayor and council of the City of Smyrna upon such a hearing shall be final and conclusive and such person so removed shall not thereafter be eligible for re-election upon said board for a period of five years. If so removed his successor shall be elected in the same manner as he was elected. Paragraph 25. In the event any word, section, paragraph or portion of this section should be declared void, illegal, or unconstitutional the same shall not affect the remainder of this section as it is hereby enacted to provide for separate and divisible parts and provisions in such event. Section 2. An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, pp. 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 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), and an Act approved March 28, 1961 (Ga. L. 1961, Vol. 2, p. 2571) is hereby amended by adding a new section to be known as section 4 (i) which shall be inserted between section 4 (h) and 5 of said Act as amended, and which shall read as follows: Section 4(i). 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), 4(g), and 4(h) of this Act, as amended, all of the area embraced within the following described parcels and tracts of land: Corporate limits.
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Parcel One. All that tract and parcel of land lying and being in land lot 491, of 17th district, second section of Cobb County, more particularly described as follows: The point of beginning at the east point of the city limits of Smyrna, Georgia, on Cherokee Road, running thence northeast 182.57 feet to fence corner; thence east 110 feet; thence southeast 181 feet to Cherokee Road; thence west 212 feet to point of beginning. Parcel Two. All that tract or parcel of land lying and being in land lots 777 and 778 of the 17th district, 2nd section of Cobb County, Georgia, and more particularly described as follows: Beginning at the common corner to land lots 808, 809, 777 and 776 and running thence north 90 degrees 05 minutes west along the line dividing land lots 777 and 776, 383.39 feet to an iron pin; thence north 01 degrees 54 minutes east 2,619.29 feet to the line dividing land lots 778 and 779; thence south 88 degrees 11 minutes east along said line 409.40 feet to an iron pin at the corner common to land lots 778, 779, 806 and 807; thence south 02 degrees 28 minutes west along the line dividing land lots 778 and 807, which line also divides land lots 777 and 808, south 02 degrees 28 minutes west 2,613.42 feet to a point of beginning, as shown on plat of plan of property for Springhill Development Corp. by Joe W. Arnold, III, Engineer and Surveyor, dated June 12, 1961. Parcel Three. All that tract or parcel of land lying and being in land lots 337 and 338 of the 17th district, 2nd section of Cobb County, Georgia, as shown on plat of Bennett Woods, Unit One, by Hensley Associates, dated May 18, 1961, and being more particularly described as follows: Beginning at a point where the land lot line of land lots 336 and 337 intersects the west side of Cooper Lake Road; thence running north along the west side of Cooper Lake Road, a distance of 1336.4 feet to an iron pin, at the southwest corner of Bagwell Drive and Cooper Lake Road; thence running west 202.2 feet to an iron pin; thence running southerly 1337.7 feet to an iron pin on the land lot line of land lots 336 and 337; thence running east along the
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land lot line 200.8 feet to the west side of Cooper Lake Road, same being the point of beginning. Parcel Four. All that tract and parcel of land lying and being land lots 445, 446, and 492 of the 17th district, 2nd section, Cobb County, Georgia, being lots 7 and 8 of Belmont Land Company subdivision, as per plat by Conn and Kauffman, Civil Engineers, dated August 1910, recorded in plat book 1, page 65, (Originally page 330), Cobb County Records, and more particularly described as follows: Beginning at a point on the west side of Atlanta Marietta Road 72 feet northerly from the northwest corner of Atlanta Marietta Road and Belmont Place; running thence northerly along the west side of Atlanta Marietta Road 180 feet; thence westerly 1318 feet more or less to the west line of land lot 445; thence running south along said land lot and the west line of land lot 446, 292 feet; thence easterly 1404 feet more or less to the west side of Atlanta Marietta Road and the point of beginning. Parcel Five. All that tract or parcel of land lying and being in land lots 304 and 305, 17th district, 2nd section, Cobb County, Georgia, described as follows: Beginning at the intersection of the south line of land lot 304 with the west line of said Old Concord Road; thence north and along the west line of said Old Concord Road a distance of 579.4 feet to the south line of Smyrna Powder Springs Road; thence westerly and along the south line of Smyrna Powder Springs Road, a distance of 1588.6 feet, to the west line of land lot 304; thence south and along said west land lot line, a distance of 1018.6 feet, to the southwest corner of said land lot 304; thence continuing south along the west line of land lot 305 a distance of 190 feet; thence east and parallel with the north line of said land lot 305, a distance of 1011.1 feet; thence north at right angles, a distance of 165.0 feet; thence at right angles, and again parallel with aforementioned north land lot line, a distance of 330.0 feet, to the west line of aforementioned Old Concord Road; thence north and along the west line of said Old Concord Road a distance of 25.0 feet, to the point of beginning. Also including in addition to the above described property that portion of Old
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Concord Road lying in land lot 345, 17th district, 2nd section, and lying south of the north line of Smyrna Powder Springs Road, extended, and that portion of Smyrna Powder Springs Road in land lot 304, 17th district, 2nd section, Cobb County, Georgia. Parcel Six. All that tract or parcel of land lying and being in land lots 444, 445, 446, 490, 491, 492, 519 and 520, 17th district, 2nd section, Cobb County, Georgia and more particularly described as follows: Beginning at the existing city limit line of the City of Smyrna at the intersection of the north line of Cherokee Road with the westerly right of way line of North Atlanta Avenue or State route 3; thence southeasterly and along the westerly right of way of said North Atlanta Avenue, and being along the present city limit line, and across said land lot 490 to the east line of said land lot 490, and continuing along the westerly right of way line of North Atlanta Avenue across the southwest corner of land lot 519 and along the present city limit line to a point in land lot 520, said point being where the present city limit line corners; thence northeasterly and along said existing city limit line, crossing North Atlanta Avenue or State route 3 and crossing a right of way now occupied by the Louisville Nashville Railroad to the northeasterly right of way line of said railroad, said railroad right of way line being a line common to the southwesterly right of way line of Dixie Avenue; thence northwesterly and along said railroad right of way line and along the westerly right of way line of said Dixie Avenue, traversing the southwest corner of land lot 519 and the northeasterly portion of land lot 490 and northwesterly across land lot 491 and the southwesterly corner of land lot 492 and crossing the northeast portion of land lot 445, to the north line of said land lot 445; thence continuing along the easterly right of way line of said Louisville Nashville railroad and along the westerly right of way line of said Dixie Avenue, to a point on said contiguous rights of way line, 400.0 feet north of the north right of way line of Pat Mell Road, if said Pat Mell Road were extended east across said railroad right of way; thence west and parallel to said Pat Mell Road, crossing said Railroad right of way
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and said North Atlanta Avenue, sometimes known as State route 3 to the westerly right of way line of said State route 3 or North Atlanta Avenue; thence continuing west and parallel to the south line of land lot 444, and Pat Mell Road, a distance of five hundred and five (505.0) feet to the northwest corner of property now or formerly owned by Glen W. Greeson; thence south one hundred-fifty (150.0) feet to the property now or formerly owned by Mrs. L. C. Howard; thence east three hundred (300.0) feet, to the corner of property of said Glen W. Greeson and that of Velvie Williams; thence south and along the line of the Glen W. Greeson property to the north right of way line of Pat Mell Read; thence east and along the north right of way of Pat Mell Road, a distance of two hunred ninety-eight (298.0) feet to a point; thence south and parallel to the west line of land lot 445, a distance of forty (40.0) feet to the south right of way of said Pat Mell Road, to a point on said right of way line one hundred twenty-seven (127.0) feet west of the westerly line of North Atlanta Avenue; thence continuing south and parallel to said west land lot line and along a line dividing the property of L. W. Goggins and that of A. O. Benson, a distance of two hundred twenty-five (225.0) feet; thence west and parallel to the south line of Pat Mell Road and the north line of land lot 445, a distance of two hundred and forty (240.0) feet to a point on the line dividing the property now or formerly owned by said L. W. Goggins and that of Annie M. Goggins Parris; thence south and along the line dividing said Goggins and Parris properties, a distance of one hundred thirty-three and one-half (133.5) feet to an iron pin marking a corner common to the property of said Annie M. Goggins Parris, said L. W. Goggins and being the northeast corner of a certain tract of land, now or formerly owned by the Martin Theatres of Georgia, Inc.; thence south 89 degrees 55 minutes east, four hundred and eighty-five (485.0) feet to a point on the west line of said land lot 445 at the northwest corner of said Martin Theatres of Georgia, Inc. property; thence south 0 degrees 10 minutes east, seven hundred and ninety (790.0) feet to the southwest corner of said Martin Theatres of Georgia, Inc. property, said corner also being the northwest corner of property now or formerly owned by King-Williams
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Land Co., Inc., and being on the west line of land lot 445; thence continuing south 0 degrees 10 minutes east and along the west line of the King-Williams property and along the west line of land lots 445 and 446, a distance of two hundred ninety-three (293.0) feet, to the southwest corner of the King-Williams property; thence north 79 degrees east a distance of eleven hundred seventeen and one-half (1,117.5) feet to the westerly right of way of a ten foot sanitary sewer easement acquired by the City of Smyrna; thence southeasterly and along the westerly right of way line of said easement a distance of one hundred thirty-four (134.0) feet, more or less, to the north line of Belmont Circle; thence continuing on the last course, a distance of forty (40.0) feet, to the south right of way line of said Belmont Circle; thence northeasterly and along the south right of way line of said Belmont Circle to a point, lying two hundred and thirty-four (234.0) feet southwesterly from the intersection of the south line of said Belmont Circle with the west right of way line of North Atlanta Avenue or State route 3; said point being the northwest corner of property now or formerly owned by C. J. Thomas; thence southerly and along the west line of said C. J. Thomas property, a distance of three hundred and sixty-seven (367.0) feet, to the southeast corner of the C. J. Thomas property; thence east and along the south line of said Thomas' property, a distance of one hundred and five (105.0) feet, to a point on the east line of land lot 446, said point being three hundred seventy and one-half (370.5) feet south of the northeast corner of said land lot 446; thence south and along the east line of land lot 446, a distance of three hundred and forty (340.0) feet more or less, to a corner on the present city limit line of Smyrna at the southwest corner of property now or formerly owned by Eva Jane P. Collins; thence continuing south along the line dividing land lots 446 and 491 a distance of three hundred (300.0) feet, more or less, to another corner on said city limit line at the northeast corner of property now or formerly owned by Mrs. T. P. Dowda; thence west and parallel with the south line of land lot 446 and along the present city limit line to a corner on said city limit line at the northwest corner of the property of the said Mrs.
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T. P. Dowda property; thence south and along the west line of the Mrs. T. P. Dowda property, a distance of three hundred (300.0) feet, to the north line of Cherokee Road; thence east and along the north right of way line of Cherokee Road to the east line of said land lot 446; thence continuing east and along the north right of way line of said Cherokee Road a distance of sixty-seven and one-half (67.5) feet to the southeast corner of the Mrs. T. P. Dowda property; thence north and parallel with the west line of land lot 491, a distance of one hundred and sixty (160.0) feet; thence east and parallel to the south line of land lot 491, a distance of one hundred and twenty-five (125.0) feet; thence southwesterly along the line dividing the property of S. J. Lindsey and the O.K. Tire and Rubber Co., a distance of one hundred and seventy-four (174.0) feet to a point on the north right of way line of said Cherokee Road; thence east and along the north right of way line of said Cherokee Road, a distance of five hundred nineteen (519.0) feet, more or less to the west line of North Atlanta Avenue or State route 3, said point of beginning. Section 3. The aforesaid Act creating a new charter for the City of Smyrna as provided in Georgia Laws 1931, pp. 955-958 as amended, is further amended by striking the period at the end of section 47 of said Act and inserting in lieu thereof a comma and by adding the following language immediately after the said comma: and to expend general funds of the city for maintenance and improvement of same, including but not limited to the paving, repaving, and resurfacing of same notwithstanding any other provision of the charter of the City of Smyrna as amended. This authority of the mayor and council of the City of Smyrna shall be in addition to and cumulative of the other provisions of the charter of the city as amended providing for payment of such improvements by assessment against the abutting property owners; so that when so amended section 47 of said Act as amended shall read as follows: Section 47. Be it further enacted, that the mayor and council of said city shall have power and authority to lay out, close up, open, widen, straighten, or otherwise change
Page 2570
streets, sidewalks, alleys, squares, and parks within the corporate limits of said city, and to expend general funds of the city for the maintenance and improvement of same, including but not limited to the paving, repaving, and resurfacing of same notwithstanding any other provision of the charter of the City of Smyrna as amended. This authority of the mayor and council of the City of Smyrna shall be in addition to and cumulative of the other provisions of the charter of the city as amended providing for payment of such improvements by assessment against the abutting property owners. Street maintenance, etc. Section 4. The aforesaid Act creating a new charter for the City of Smyrna as provided in Georgia Laws 1931, pp. 955-988, is further amended by striking from section 13 and by striking from section 14 the word fifteen, and inserting in lieu thereof the word forty-five so that when so amended section 13 of said Act as amended and section 14 of said Act as amended will read respectively as follows: Section 13. Be it further enacted that every citizen of the City of Smyrna, eighteen years of age or over, who shall have resided within the corporate limits of the City of Smyrna for a period of six months next preceding an election, and who is legally registered under the ordinances of said city as a voter in the municipal elections of said city at least forty-five days preceding an election, and who shall have paid all taxes which may have been required of him or her by said city, and which he or she may have had an opportunity to pay agreeably to law, except for the year during which the election was held, and who shall have paid all fines, license and business taxes required of him or her by said city, shall be qualified to vote at any election held in said City of Smyrna. Voters. Section 14. Be it further enacted, that in case the manager of any election shall have a reasonable doubt as to the qualification of any voter, or should any voter be challenged, they shall administer said voter the following oath: `You do swear that you are a citizen of the State of Georgia, that you have attained the age of eighteen years; that you have
Page 2571
resided for a period of six months next preceding the election within the corporate limits of the City of Smyrna, and have paid all taxes, licenses, and fines legally required of you by said City of Smyrna, and have legally registered under the ordinances of said city as a voter in the municipal elections of said city at least forty-five days prior to the election for which the within oath is being administered' . Same. Section 5. The aforesaid Act creating a new charter for the City of Smyrna, as provided in Georgia Laws 1931, pp. 955-983, is further amended by striking from section 15 the word: fifteen, and inserting in lieu thereof the following: forty-five; and is further amended by striking from said section the figures: $15.00 and the figures $10.00 and by inserting in lieu thereof respectively the figures $50.00 and the figures $25.00 so that when so amended section 15 of said Act as amended shall read as follows: Section 15. Be it further enacted that no person shall be eligible for the office of mayor or councilman of said city unless he or she shall have been a resident in said city for not less than one year immediately preceding his or her qualification for office, and a freeholder, and shall be a qualified and registered voter, eligible to vote in the municipal elections of said city for said officers and shall be over twenty-one years of age and shall not have been convicted of any crime involving moral turpitude. The name of no candidate for either mayor or councilman shall be placed on the ballot in elections for mayor and councilman, unless such candidate shall file with the clerk of the said city, forty-five days prior to the election in which he or she desires to be a candidate, his or her written notice that he or she desires that his or her name be placed on said ballot as a candidate for either mayor or councilman. Such written notice shall be in such form and shall contain such information the mayor and council may provide by ordinance. No person shall be eligible for the office of mayor or councilman of said city unless such person shall file said above notice within the time provided, and unless on or before said time he shall pay a qualification fee to said clerk in the amount of $50.00 if a candidate for mayor, and in the
Page 2572
amount of $25.00 if a candidate for councilman, said amounts not to be refundable in the event a candidate withdraws between the date of his qualification and that of the election. The word `Freeholder' as used herein shall mean and include any citizen of said city who owns real estate in said city or has a vested interest in real estate in said city by lease or otherwise for a period of not less than seventy five (75) years. Qualifying fee, etc. Section 6. Be it further enacted, that all Acts and parts of Acts regarding the charter of the City of Smyrna or any amendments thereof, in conflict with this Act be and the same hereby are repealed. Section 7. Be it further enacted, however, that all 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, regulations, resolutions and ordinances of said city not in conflict with this Act shall be and remain of full force and effect. Intent. Section 8. 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, paragraphs, sentences, clauses or phrases of this Act, which shall be and remain in full force and effect, and if the part so declared or adjudged invalid or unconstitutional was not originally a part thereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared or adjudged invalid or unconstitutional. 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
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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 29, 1961, and January 5 and 12, 1962. /s/ Brooks P. Smith, Publisher, Marietta Daily Journal and Cobb County Times. Notice of Intention to Introduce Local Legislation. Notice. Notice is hereby given that there will be introduced at the January-February 1962 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 the 21st day of December, 1961. /s/ G. Conley Ingram, Attorney for City of Smyrna. Sworn to and subscribed before me, this the 3rd day of February, 1962. /s/ Thelma Kemp, Notary Public, Cobb County, Georgia. My Commission Expires October 19, 1963. (Seal). Approved March 2, 1962.
Page 2574
COBB COUNTYRECORDS AND IDENTIFICATION BUREAU. No. 744 (House Bill No. 1170). An Act to create the Cobb County Records and Identification Bureau; to provide for a director; to provide for powers, duties, authority and functions; to provide for appointment and compensation; to provide the procedure connected with the foregoing; to provide an 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 the Cobb County Records and Identification Bureau. Such bureau is created for the purpose of assisting all of the law enforcement agencies in Cobb County, whether county, municipal, or otherwise, and other law enforcement agencies, including the Georgia Department of Public Safety and the Federal Bureau of Investigation. Created, etc. Section 2. There is hereby created the office of director of the Cobb County Records and Identification Bureau. The director shall be appointed by and serve at the pleasure of the commissioner of roads and revenues for Cobb County and the advisory board of Cobb County. His compensation shall be fixed by the commissioner and the advisory board, but shall be not less than $5,700.00 and not more than $7,000.00 per annum. Such compensation shall be paid in equal monthly installments from the funds of Cobb County. Director. Section 3. The director shall supervise the fingerprinting of all persons who are arrested for the commission of a felony. He shall classify such fingerprints, retain one copy for the files of the bureau and send one copy to the Federal Bureau of Investigation. He shall also be responsible for pictures and photography involved in all felony cases. He shall maintain files relative to all criminal cases in Cobb County, and shall also maintain mug books, an index file on known criminals, and their aliases, and other information for assisting the various law enforcement agencies. The director shall perform such other duties in
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connection with his office and the bureau as shall from time to time be assigned to him by the commissioner and the advisory board. The director shall be and is hereby clothed with the powers of a peace officer of Cobb County. Duties. Section 4. The director shall be appointed prior to April 1, 1962, and shall take office on that date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Local Legislation. Notice is hereby given that the undersigned will introduce at the session of the General Assembly of Georgia, which convenes in January, 1962, a local bill to create the Cobb County Records and Identification Bureau to apply to the County of Cobb only; to create the office of director thereof and to fix the directors compensation; to define the director's powers and duties; to provide for the purposes of said bureau; and for other purposes. H. S. Willingham Joe Mack Wilson E. W. Teague Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold S. Willingham, E. W. Teague, Joe Mack Wilson, who, on oath, depose and say that they are Representatives from Cobb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Marietta Daily Journal, which is the official organ of said County, on the following dates: Jan. 5, 12, and 19, 1962. /s/ Harold S. Willingham Representative, Cobb County /s/ Joe Mack Wilson Representative, Cobb County /s/ E. W. Teague Representative, Cobb County
Page 2576
Sworn to and subscribed before me, this 31st day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved March 3, 1962. CITY OF CHATSWORTHCORPORATE LIMITS, REFERENDUM. No. 745 (House Bill No. 1183). An Act to amend an Act creating a new charter for the City of Chatsworth, approved August 18, 1923 (Ga. L. 1923, p. 529), as amended, so as to change the corporate limits thereof; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Chatsworth, approved August 18, 1923 (Ga. L. 1923, p. 529), as amended, is hereby amended by striking section 2 in its entirety, and inserting in lieu thereof a new section 2, to read as follows: Section 2. The corporate limits of the City of Chatsworth shall be composed of the following described territory: Beginning at the northwest original corner of lot of land No. 239 in the 9th district and 3rd section of Murray County, Georgia; thence running south on the west original line of lots nos. 239 and 266 a distance of 5,406 feet to the southwest original corner of lot of land No. 266; thence running east on south original lines of land lots Nos. 266 and 267 a distance of 3,288 feet to a point; thence running north 21 39[prime] west 2,665 feet to a point; thence running
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north 16 25[prime] west 150 feet to a point; thence north 5 25[prime] west 872 feet to a point; thence north 88 35[prime] east a distance of 1,350 feet to the west side of Holly Creek; thence following the west bank of Holly Creek in a northerly direction a distance of 750 feet to the east right-of-way line of L. N. Railroad Co.; thence north 51 50[prime] west 400 feet to a point; thence due north on a straight line a distance of 10,635 feet to a point; thence west a distance of 2,475 feet to the center line of the L. N. Railroad Company's right-of-way; thence south 61 30[prime] west a distance of 2,672 feet to a point on the north original line of lot of land No. 193; thence west with said north original line a distance of 1,710 feet to the northwest original corner of land lot No. 193 and the northeast original corner of land lot No. 192; thence south with east original line of land lot No. 192 a distance of 1,355 feet to a point; thence west in a straight line a distance of 2,545 feet to the west original line of lot of land No. 192; thence south with the west original lines of land lots Nos. 192, 205 and 228 a distance of 6,467.7 feet to the southwest original corner of lot of land No. 228; thence east with the south original lines of land lots Nos. 228 and 229 a distance of 5,339 feet to the point of beginning. All of the above described lands are in the ninth district and third section of Murray County, Georgia. Corporate limits. Section 2. All persons living within the territory sought to be annexed, and qualified to vote for members of the General Assembly of the County of Murray and who live within the territory sought to be annexed and who are and have been for thirty days immediately preceding said election to be called in said territory bona fide residents of said territory sought to be annexed as aforesaid, and who have duly registered as hereinafter provided, shall be qualified to vote at the election ordered as aforesaid. Within sixty (60) days from the approval of this Act, it shall be the duty of the Ordinary of Murray County to order an election in said territory sought to be annexed as aforesaid, to fix the time when said election shall be held, which shall not be less than ninety (90) days from
Page 2578
the date said election is ordered. Said election shall be held at the courthouse in the County of Murray. Referendum. It shall be the duty of the ordinary when said election is ordered as aforesaid to appoint three freeholders from said territory sought to be incorporated, who shall be qualified voters to vote in said election, to manage said election. Said managers' duties shall be the same as prescribed by law for managers holding general elections. The polls at said election shall be kept open for the same length of time as is now prescribed for keeping open the polls in the general election in this State. If any person offering to vote in said election ordered and held as aforesaid is challenged, he shall take the oath as now prescribed, to wit: I am a bona fide resident of the territory sought to be incorporated, and have been for thirty (30) days next preceding this election. It shall be the duty of the ordinary to appoint three registrars for said election, and they shall open books at the courthouse for signatures of persons residing in the territory sought to be annexed as aforesaid. Said books for registration shall be kept open for at least fifteen (15) days, exclusive of Sundays, before the said date fixed for said election, from 9:00 a.m. to 5:00 p.m. It shall be the duty of the ordinary to fix the days on which said books for registration shall be kept open. The registration lists shall be consolidated within five (5) days after the last day of registration, and ten (10) days before said election, and turned over to the ordinary of said county. It shall be the duty of the Ordinary of Murray County to cause to be published in the newspaper in which the legal advertisements for said county are published, a notice of the election when ordered as aforesaid, which published notice shall give the time and place of holding said election, and it shall be published once a week for four (4) weeks immediately prior to the date of such election. Said ordinary shall publish in said paper at least twice, a notice of the time and place for the registration of voters for such
Page 2579
election. Said ordinary shall provide all necessary material for carrying on said election. All persons voting at said election held as aforesaid who are in favor of incorporating the said territory sought to be incorporated, shall have written or printed on their ballots the words For annexation, and those opposed to the same shall have written or printed on their ballots Against annexation. If a majority of those persons voting in such election vote for annexation, this Act shall become of full force and effect. If less than a majority of those persons voting in such election vote for annexation, then this Act shall be void and of no force and effect. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Any person voting in any election held as hereinbefore set out without being registered as hereinbefore provided shall be guilty of a misdemeanor and on conviction thereof, shall be punished as prescribed in the penal code of this State. The ordinary shall keep an itemized account of all expenses incurred in said election, and shall present the same to the City of Chatsworth, and the said expense of said election shall be paid by the City of Chatsworth. The compensation of the ordinary shall be $10.00 per day, and managers and registrars shall be compensated as now provided by law for managers in general elections, and county registrars. If said territory is incorporated, the taxing authorities of the City of Chatsworth shall credit the city taxes of the owners of property within the newly incorporated area to the amount of all taxes required of such owners by law for the payment of interest and sinking fund on bonds previously issued for the building of school houses in the respective districts where such property was located at the time of the issuance of such bonds.
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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 a bill to extend the city limits of the City of Chatsworth will be introduced in the 1962 session of the Georgia General Assembly. There will be a referendum attached thereto. This the 9th day of January, 1962. by: Smith Newsome Chatsworth Times Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles A. Pannell, who, on oath, deposes and says that he is Representative from Murray County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Chatsworth Times, which is the official organ of said county, on the following dates: January 11-18-25, 1962. /s/ Charles A. Pannell Representative, Murray County Sworn to and subscribed before me, this 6th day of February, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved March 3, 1962.
Page 2581
CITY OF VIDALIACHARTER AMENDED. No. 746 (House Bill No. 1184). An Act to amend an Act creating a new charter for the City of Vidalia, approved August 8, 1922 (Ga. L. 1922, p. 1004), as amended, particularly by an Act approved February 25, 1947 (Ga. L. 1947, p. 108), so as to provide for wards in said city for the purpose of electing councilmen; to remove certain provisions relating to candidates; 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 Vidalia, approved August 8, 1922 (Ga. L. 1922, p. 1004), as amended, particularly by an Act approved February 25, 1947 (Ga. L. 1947, p. 108), is hereby amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10 to read as follows: Section 10. The elective officers of the City of Vidalia shall consist of a mayor and five councilmen who at the time of their election must be qualified and registered voters of said city. The mayor and councilmen now in office shall serve for the terms for which they were elected and until their successors are elected and qualified. For the purpose of electing four of the councilmen, the City of Vidalia is hereby divided into four wards which shall be composed of the following territory: Elective officials. First Ward shall be bounded on the north by the center line of the First Street (U. S. Highway No. 280), on the east by the southeastern city limits, on the south by the center line of Center Drive (State Highway No. 29), and on the west by the center line of Jackson Street and Center Drive (State Highway No. 29). Second Ward shall be bounded on the north by the center line of First Street (U. S. Highway No. 280), on the east by the center line of Jackson Street and Center Drive
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(State Highway No. 29), on the south by the southern city limits, and on the west by the southwestern city limits. Third Ward shall be bounded on the north by the northern city limits, on the east by the northeastern city limits, on the south by the center line of the First Street (U. S. Highway No. 280), and on the west by the center line of Church Street, McIntosh Street, and McIntosh Street extention (State Highway No. 297). Fourth Ward shall be bounded on the north by the northern city limits, on the east by the center line of Church Street, McIntosh Street, and McIntosh Street Extension (State Highway No. 297), on the south by the center line of First Street (U. S. Highway No. 280), and on the west by the western city limits. There shall be a councilman from each of the above four wards and a councilman at large. In order to be eligible to serve as a councilman from a ward, such councilman must be a resident of such ward on the date he qualifies to run for office. The councilman at large may reside in any ward. On the second Wednesday in December, 1963, a councilman from the third ward, a councilman from the fourth ward and a councilman from the city at large shall be elected. All candidates shall designate whether they are offering as a candidate from a ward or as a candidate from the city at large. On the second Wednesday in December, 1965, a councilman from ward one and a councilman from ward two shall be elected. All councilmen shall be elected for terms of four years and shall take office on the first Monday in January immediately succeeding their election. Successors to councilmen shall likewise be elected on the second Wednesday in December, and there shall be an election each two years so that the terms of councilmen shall remain staggered as herein provided. Successors shall likewise be elected for terms of four years and until their successors are elected and qualified, and shall, likewise, take office the first Monday in January immediately succeeding the election. A mayor shall be elected on the second Wednesday in December, 1963, and on such day each two years. The mayor shall also take office on the first Monday
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in January immediately succeeding his election and shall serve for a term of two years and until his successor is elected and qualified. All councilmen and the mayor shall be elected by the voters of the entire city. Councilmen. Mayor. Vacancies in the office of mayor and council shall be filled by the mayor and council for the remainder of the unexpired term as provided by ordinance, but, in the event the vacancy occurs in one of the wards, the person selected to fill such vacancy must be a resident of the ward in which the vacancy occurs. Vacancies. At any election of any of the officers of said City of Vidalia, no person shall be permitted within fifty feet of any polling place, except voters approaching the polls for the purpose of voting, the election managers and clerks, county or municipal officers called in by the managers to preserve order, and persons passing along the highways on their business. Elections. It shall be unlawful for any person or persons to electioneer, or in any way to influence or try to influence any voter, or to speak to him on any subject of voting within fifty feet of the voting place. The provisions of this section shall not apply to the managers of the polls in the discharge of their duties as such; provided, they do not electioneer or try to influence any voter in any particular way. It shall be unlawful for any person or persons to lead or carry a voter to the polls or accompany or follow him, either to influence his vote, or see how he votes, or to see that he votes in any particular way. Crimes. Any person or persons who shall in any manner violate either or any of the three preceding provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished as prescribed by law in cases of misdemeanor. Punishment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Local Legislation, Georgia, Toombs County, Georgia. Notice is hereby given that there will be introduced at the 1962 Session of the General Assembly of Georgia, convening on January 8, 1962, a bill to amend the city charter of the City of Vidalia setting forth and describing the aldermanic or councilmen wards for said city. This 6th day of January, 1962. /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: Jan. 11, 18 25, 1962. /s/ Ross P. Bowen Representative, Toombs County. Sworn to and subscribed before me, this 7th day of February, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved March 3, 1962.
Page 2585
CITY OF LAKE CITYCHARTER AMENDED. No. 747 (House Bill No. 1190). An Act to amend an Act incorporating the City of Lake City in the County of Clayton, approved February 12, 1951 (Ga. L. 1951, pp. 2351) and all Acts amendatory thereto: to provide for the city to exercise the right of eminent domain; to provide for the city to establish and maintain by contract, franchise or otherwise garbage pick-up and disposal along with other sanitary functions in keeping with a healthy community, to make a periodic charge therefor; to provide for a building code, electrical code, plumbing code, heating code, planning and zoning regulations and any and all other codes that may be necessary to the controlling of buildings, moving, occupancy and matters related thereto in said city; to repeal any and all laws in conflict herewith 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. Lake City shall have the authority to exercise the right of eminent domain within the corporate limits of said city and all the powers enumerated by State law conferred upon governments of a like nature in the exercise of this power. Eminent domain. Section 2. Be it further enacted that the City of Lake City is granted the authority to enter into contracts with individuals, corporations, or other legal entities for the pickup and disposal of garbage or other waste and shall further have the authority to make a periodic charge for said services as the governing body may deem to be for the best interest of the citizens of Lake City. Garbage pickups. Section 3. The governing authority of the City of Lake City is hereby authorized to make, adopt, amend and repeal building, housing, electrical, plumbing, heating, gas and other similar codes relating to the construction, livability, sanitation, erection, equipment, alteration, repair, occupancy
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or removal of buildings and structures located inside the corporate limits of Lake City. Building codes. Section 4. 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; 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. Same. Section 5. Said codes, rules and regulations may be adopted by reference to national or regional codes. Same. Section 6. Said governing authority shall have the authority to appoint building, electrical (execept any electrical code applying to the installation, repair or maintenance of electric wires, apparatus, equipment or devices by or for a utility rendering communication services and required by it to be utilized in the rendition of its duly authorized service to the public), plumbing, gas, housing inspectors for said city and such other assistants as the said authority may deem necessary. Inspectors. Section 7. Said governing authority 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 inside the corporate limits of Lake City and may prescribe fees or charges for permits and inspections, which fees shall be fixed and charged by said governing authority and shall be paid to the city clerk by the applicant for such permits or inspections. Permits. Section 8. Before enacting any of the codes, rules or regulations permitted in this Act, the governing authority of Lake City shall hold a public hearing thereon, at least fifteen (15) days notice of the time and place of such
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hearing shall be published in a newspaper of general circulation in said city. Hearings. Section 9. Full compliance with all rules, regulations and requirements set up hereunder shall be a prerequisite 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 authority 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. If any portion or provision of this Act is found unconstitutional, such invalidity shall not affect any other portion of this Act. Severability. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Clayton County. Personally appeared before me, the undersigned, a notary public, came E. B. Galloway, 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 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 Lake City, County of Clayton, will apply to the Session of the General Assembly
Page 2588
of Georgia convening in January, 1962 for passage of local legislation to amend an Act. An Act to incorporate the City of Lake City, (Ga. L. 1951, pp. 2351) and all Acts amendatory thereto within the County of Clayton; to provide for the city to exercise the right of eminent domain; to provide for the city to establish and maintain by contract or otherwise, garbage pick-up and disposal along with other sanitary functions in keeping up a healthy community and to make a charge therefore; to provide for the opening and closing of roads, streets, alleys, etc.; to define the boundaries of said city; to provide for a building code, electrical code, plumbing code, heating code, planning and zoning regulations and all other codes or acts necessary in the building, moving, occupancy and matters related thereto in said city; to provide for mayor and council and the government of said city; to repeal any and all laws in conflict herewith and for other purposes. E. B. Galloway Mayor, City of Lake City By: John R. McCannon City Attorney for City of Lake City /s/ E. B. Galloway, Mayor, City of Lake City Sworn to and subscribed before me, this the 6th day of February, 1962. /s/ John R. McCannon Notary Public (Seal). Publisher's Affidavit. State of Georgia, County of Clayton. 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
Page 2589
County News Farmer, the offiical 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 17th day of January, 1962 and once a week thereafter for two weeks as provided by law. /s/ M. F. Lee, Assistant Publisher, Forest Park Free Press and Clayton County News Farmer Sworn to and subscribed before me, this the 6th day of February, 1962. /s/ John R. McCannon Notary Public (Seal). Approved March 3, 1962. TOWN OF FORT OGLETHORPECORPORATE LIMITS. No. 749 (House Bill No. 1209). An Act to amend an Act incorporating the Town of Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2602), and an Act approved April 5, 1961 (Ga. L. 1961, p. 3487), so as to change the corporate limits of said town; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. An Act incorporating the Town of Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2602), and an Act approved April 5, 1961
Page 2590
(Ga. L. 1961, p. 3487), is hereby amended by adding a new section to be known as section 2B to read as follows: Section 2B. In addition to the territory described in section 2 of this Act and in section 2A of this Act, and the territory described in an Act approved April 5, 1961 (Ga. L. 1961, p. 3487), there is hereby included within the territorial limits of the Town of Fort Oglethorpe the following territory: All that tract or parcel of land lying and being in the 9th district and 4th section of Walker County, Georgia, and being a part of land lot No. 98 in said district and section more particularly described as follows: Corporate limits. Beginning at the point of intersection of the east line of Park City or Carline Road with the north line of McFarland Road; thence in a northerly direction along and with the east line of said Park City or Carline Road a distance of 600 feet and the corporate limits of the Town of Fort Oglethorpe, Georgia; thence in a southeasterly and southerly direction along and with the corporate limits of the Town of Fort Oglethorpe, Georgia, to a point in the north line of McFarland Road; thence in a westerly direction along and with the north line of said McFarland Road a distance of 125 feet to the point of beginning. Section 2. Said Act is further amended by adding a new section to be known as section 2 C to read as follows: Section 2C. There is hereby excluded from the territorial limits of the Town of Fort Oglethorpe, the territory hereinafter described and such territory shall no longer be a part of the Town of Fort Oglethorpe. All that tract or parcel of land lying and being in the 9th district and 4th section of Walker County, Georgia, being a part of land lot No. 83 in said district and section more particularly described as follows: Beginning at the northwest corner of the present corporate limits of the Town of Fort Oglethorpe, thence north
Page 2591
89 degrees 23.58 minutes east a distance of 1141.01 feet; thence north 38 degrees and 38 minutes west a distance of 375 feet; thence south 70 degrees 30 minutes east a distance of 406 feet to a point; thence south 47 degrees east a distance of 150 feet to a point; thence south 54 degrees east 300 feet to a point; thence south 40 degrees west a distance of 420 feet to a point in the north right of way line of the Central of Georgia Railroad; thence due south a distance of 600 feet to a point in the east line of Park City or Carline Road; thence in a northwesterly direction along and with the north line of said Park City or Carline Road to a point formed by the intersection of the west corporate limits of the Town of Fort Oglethorpe, Georgia, with the north line of said Park City or Carline Road; thence north along and with the west corner boundary of the Town of Fort Oglethorpe, Georgia, a distance of 624.02 feet to the point of beginning. Territory excluded. Section 3. 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 1962 session of the General Assembly of Georgia a bill to extend the city limits of the Town of Fort Oglethorpe, Georgia. Robert Coker Representative, Walker County, Georgia A. Doyle Phillips Mayor of Fort Oglethorpe, Georgia Notice. Notice is hereby given that there will be introduced in the 1962 session of the General Assembly of Georgia, a bill to change and modify the charter of the Town of Fort Oglethorpe, Georgia, for the purpose to change and relocate the corporate limits of the Town of Fort Oglethorpe, Georgia,
Page 2592
to exclude certain properties located in the northwest section of the Town of Fort Oglethorpe. Robert Coker Representative, Walker County, Georgia A. Doyle Phillips Mayor of Fort Oglethorpe, Georgia E. P. Hall, being first duly sworn, 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 10, 17, 24, 1962. /s/ E. P. Hall, Publisher Walker County Messenger Sworn to and subscribed before me, this 1st day of February, 1962. /s/ Betty Lou Hall Notary Public My Commission expires July 31, 1964. (Seal). Approved March 3, 1962. CITY OF COLLEGE PARKCORPORATE LIMITS, REFERENDUM. No. 750 (House Bill No. 1213). An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, 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 same, that
Page 2593
an Act establishing a new charter for the City of College Park, approved December 16, 1895, and the several Acts amendatory thereof, be and the same are hereby further amended as follows: Section 1. Be it enacted by the authority aforesaid that the corporate limits of said City of College Park, the municipal corporation aforesaid, be and the same are hereby extended beyond its present boundaries as now defined so as to include the following territory, to-wit: All that portion of land lot 8 and land lot 25 of the 13th district of Clayton County, Georgia, not owned by the City of Atlanta, on the effective date of this Act, and not within the city limits of College Park, Georgia, on the effective date of this Act. Corporate limits. Section 2. The jurisdiction of the City of College Park, the municipal corporation aforesaid, is hereby extended over all the territory included within the boundaries above described in section 1 of this Act, and the power and authority of said municipality under its present charter and ordinance and all laws appertaining to said municipality are hereby extended over and made effective in every part of the territory covered and included within the limits of said municipality as extended by section 1 of this Act. The power and authority of the officers of said municipality and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said municipality are made co-extensive with the limits as extended by section 1 of this Act. The power of taxing property and of fixing and regulating licenses for businesses; to assess, issue executions for, and in case of default, to sell the property upon which said assessments, taxes and licenses are due as now prescribed by the charter and ordinances of said municipality, are extended to all the limits included under the terms of section 1 of this Act. Said new territory is likewise made subject to all the bonds heretofore issued by the City of College Park, and is bound for the payment of bonds generally with the former territory of said municipality. Powers.
Page 2594
Section 3. The mayor and council of said City of College Park are hereby authorized and empowered in their discretion to include all or any part of said annexed territory in one or more of the wards of said city as at present constituted, or as the wards may hereafter be constituted, and to pass such ordinances as may be advisable in re-adjusting said territory to and with the rest of said city. Wards. Section 4. Not less than thirty nor more than sixty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of College Park to issue the call for an election for the purpose of submitting this Act to the property owners and/or voters of the within proposed territory to be annexed to the City of College Park for approval or rejection. The date of the election shall be set for a day not less than thirty days nor more than sixty days after the date of the issuance of the call. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official gazette of the City of College Park and also the newspaper in which the Sheriff's advertisements for Clayton County, Georgia, are published. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If a majority of those persons voting in such election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the City of College Park. It shall be the duty of the mayor and council to hold and conduct such election. It shall be the duty of the mayor and council to canvass the returns and declare and certify the results of the election, and certify the results to the Secretary of State. Section 5. Notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution
Page 2595
of Georgia 1945, and there is hereto attached and made a part of this Act a copy of notices certified by the publishers of the newspapers in which the sheriff's advertisements for Fulton County, Georgia, and Clayton County, Georgia, respectively, are published to the effect that said notices have been published as provided by law. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Publisher's Affidavit. State of Georgia, County of Clayton. Before me, the undersigned Notary Public, personally appeared Myra F. Lee; who, being first duly sworn, says that she is manager of the Forest Park Free Press and Clayton County News and Farmer, official newspaper published in said Clayton County, Georgia, and that the following is a true copy of publication published in said paper on the 6, 13, 20 and 27 days of December, 1961, as provided by law: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1962 session of the General Assembly of Georgia, convening in January, 1962, to amend the charter of the City of College Park, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, and the several Acts amendatory thereof, and for other purposes. This December 4, 1961. City of College Park By: Griffin Patrick, Jr. As City Attorney /s/ M. F. Lee
Page 2596
Sworn to and subscribed before me, this 22nd day of January, 1962. /s/ Daneen Snyder Notary Public, Georgia, State at Large. My Commission expires November 15, 1965. (Seal). Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, 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 4, 11, 18, 26 days of December, 1961, and on the 2, 8, 15 days of January, 1962, as provided by law. /s/ Frank Kempton Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1962 session of the General Assembly of Georgia, convening in January, 1962, to amend the charter of the City of College Park, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, and the several Acts amendatory thereof, and for other purposes. This December 4, 1961. City of College Park By: Griffin Patrick, Jr. As City Attorney
Page 2597
Subscribed and sworn to before me, this 24th day of January, 1962. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1965. (Seal). Approved March 3, 1962. CITY OF ATLANTAUSE OF TAX FUNDS. No. 751 (House Bill No. 1216). 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 set forth in the caption to this Act be and the same is hereby further amended as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of 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 to appropriate funds from the
Page 2598
general revenues to engage in a study of the causes, effects, rehabilitation, and treatment facilities for alcoholics. Use of tax funds. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Ralph McClelland, author of the attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that City of Atlanta intends to apply for the passage of local legislation at the 1962 session of the General Assembly of Georgia, which convenes on Monday, January 8, 1962, 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 20th day of December, 1961. /s/ J. C. Savage, City Attorney, City of Atlanta. December 20, 27, 1961, January 3, 10, 1962 tfn This 8th day of February, 1962. /s/ Ralph McClelland
Page 2599
Sworn to and subscribed before me, this the 8th day of February, 1962. /s/ Wilson Brooks, Notary Public, Fulton County, Georgia. Approved March 3, 1962. CITY OF COLLEGE PARKELECTIONS OF MAYORS, COUNCILMEN; REFERENDUM. No. 752 (House Bill No. 1217). An Act to amend an Act establishing a new charter for the City of College Park, in Fulton County, approved December 16, 1895 (Ga. L. 1895, p. 254 et seq.) and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that: An Act to amend an Act establishing a new charter for the City of College Park, in Fulton County, approved December 16, 1895 (Ga. L. 1895, p. 254 et seq.) and the several Acts amendatory thereof be and the same are hereby amended by adding thereto the following provisions: Section 1. All vacancies in the office of mayor and councilmen shall be filled by election by the qualified voters of the entire city. Only one councilman shall be elected from each ward of the city. In all elections the candidate receiving the highest number of votes cast in the election for the office of mayor shall be deemed elected as mayor; and the candidates for council receiving the highest number of votes cast in the election for the respective offices of councilman which such candidates seek to fill shall be deemed elected as such councilmen. A candidate for council must designate the ward which he seeks to represent; must be a bona fide resident of such ward for six months prior to the election in which he seeks to run for office; and, if elected, must
Page 2600
remain a bona fide resident in such ward during the term for which he is elected. If the mayor or any councilman ceases to be a bona fide resident of the City of College Park, or, in the case of a councilman, ceases to be a bona fide resident of the ward where he resided when elected, a vacancy shall immediately result in such office and shall be filled by a special election which shall be called by the mayor and council within thirty days following such vacancy, and shall be held within thirty days after such election is called. On the first Monday in December of 1962, an election shall be held to fill the vacancies occurring in the offices of mayor and the councilmen from the fourth, fifth and sixth wards by reason of the expiration of the respective terms which they are now serving, and such vacancies shall be filled for a term of four years commencing January 1, 1963, and ending December 31, 1966. On the first Monday of December of 1963, an election shall be held to fill the vacancies occurring in the office of councilmen from the first, second and third wards, and such vacancies shall be filled for a term of three years, commencing January 1, 1964 and ending December 31, 1966. On the first Monday in December of 1966, and on the first Monday in December of every fourth year thereafter, an election shall be held to fill the offices of mayor and councilmen, and all the terms of all regularly elected mayors and councilmen thereafter shall commence on the first day of January next after their elections, and said officers shall serve a term of four years and until their respective successors are elected and qualified. Section 2. In every regular city election, candidates for the offices of mayor and councilmen shall qualify to run not later than sixty days prior to the date for holding such election by filing written notice with the city clerk, naming the incumbent or last holder of the office such candidate desires to succeed. Such notice shall show the candidate's name, age, address, length of residence in College Park, and, in the case of candidates for councilman, length of residence in the ward where he lives. No person's name shall be printed on election ballots except candidates who qualify in the manner and within the time provided by this section. Notice of intention. Section 3. Not less than sixty nor more than ninety days
Page 2601
after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of College Park to hold an election for the purpose of submitting for approval or rejection by the qualified voters of the City of College Park the provisions of section one (1) of this Act. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official newspaper of the City of College Park. The ballot submitting section 1 of this Act for a vote by the qualified voters of the City of College Park shall have printed thereon the following: For ratification of amendment to the charter of the City of College Park so as to provide for the election of one councilman from each ward of the city by the qualified voters of the entire city and to provide four-year terms for the mayor and councilmen of the city. Referendum. Against ratification of amendment to the charter of the City of College Park so as to provide for the election of one councilman from each ward of the city by the qualified voters of the entire city and to provide four-year terms for the mayor and councilmen of the city. All persons desiring to vote in favor of adopting the proposed amendment to the charter of the City of College Park shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of said amendment shall vote against ratification. If a majority of those persons voting in such election vote for ratification of the amendment it shall become of full force and effect. If a majority of those persons voting in such election vote against approval of the amendment, then section 1 of this Act shall be void and of no force and effect. The expense of such election shall be borne by the City of College Park. It shall be the duty of the mayor and council to hold and conduct such election, to canvass the returns, to ascertain the results and to certify the results to the Secretary of State.
Page 2602
Section 4. All laws and parts of laws in conflict herewith be and the same are herby repealed. State of GeorgiaCounty 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 4, 11, 18 and 26 days of December, 1961, and on the 2, 8, and 15 days of January, 1962. As provided by law. /s/ Frank Kempton Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1962 Session of the General Assembly of Georgia, convening in January, 1962, to amend the charter of the City of College Park, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, and the several Acts amendatory thereof, and for other purposes. This December 4, 1961. City of College Park /s/ Griffin Patrick, Jr., As City Attorney. Subscribed and sworn to before me, this 24th day of January, 1962. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission Expires Oct. 18, 1963. Approved March 3, 1962.
Page 2603
CITY OF MANCHESTERCORPORATE LIMITS, REFERENDUM. No. 753 (House Bill No. 1222). 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 remove certain territory from the corporate limits of the said city; to delineate and define the corporate limits of the City of Manchester; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act approved August 16, 1909 (Ga. L. 1909, p. 1071), and all Acts amendatory thereof, which incorporated the City of Manchester, be and the same is hereby amended by striking section 3 of said Act, as amended, in its entirety and substituting in lieu thereof a new section 3 which shall 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 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
Page 2604
(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 south east 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), thence running east along the north boundary line of said lot of 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;
Page 2605
Also; all of lots of land numbers twelve (12), thirteen (13), fourteen (14), and the west one-half () of lots of land numbers 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 lies 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; that portion of lot of land number two hundred thirty-nine (239) in the second land district of Talbot County, Georgia, which lies north of a line located and running three hundred fifty (350) feet south of the center line of State Highway No. 190. Section 2. This Act shall not become effective until the same shall be approved in a referendum election to be held on the fourth Wednesday following the passage and approval of this Act. Such referendum election shall be held under the same rules and regulations governing the election of officers of the City of Manchester, at which election there shall be submitted to the qualified voters of the City of Manchester, the question of approval of this Act. There shall be printed on said ballots the following:
Page 2606
(_____) For ratification of an Act to change the corporate limits of the City of Manchester. (_____) Against ratification of an Act to change the corporate limits of the City of Manchester. Referendum. Those persons wishing to vote in favor of approval of this Act shall so indicate by making a mark in the block opposite For ratification of an Act to change the corporate limits of the City of Manchester. Those persons wishing to vote against approval of this Act shall so indicate by making a mark in the block opposite Against ratification of an Act to change the corporate limits of the City of Manchester. If a majority of the votes cast in such referendum election shall be against approval of this Act then this Act shall be void and of no effect. If a majority of the votes cast in such referendum election shall be in favor of the approval of this Act then the same shall become effective as a part of the charter of the City of Manchester. The clerk of the City of Manchester shall certify the results of such referendum election to the Secretary of State for filing with the enrolled copy of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Meriwether County. Legislation to be Sought. Notice is hereby given that legislation will be sought at the January 1962 session of the General Assembly of Georgia to amend the Charter of the City of Manchester. Such legislation may be any provision within the power of legislature to enact. Personally appeared before the undersigned officer authorized by law to administer oaths Mrs. R. K. Stovall who being duly sworn says on oath that she is the publisher of the Meriwether Vindicator, Greenville, Meriwether County, Georgia, and that the Meriwether indicator is the legal organ
Page 2607
of Meriwether County, Georgia, and is the newspaper in which sheriff's advertisements for Meriwether County are published; that the foregoing and attached notice of intention to apply for local legislation was published in said Meriwether Vindicator on the following dates: January 4th, 1962, January 11th, 1962 and January 18th, 1962. Mrs. R. K. Stovall Sworn to and subscribed before me, this 24 day of January, 1962. /s/ John Head, Ordinary, Meriwether Co. (Seal). Approved March 3, 1962. CITY OF EAST POINTAUTHORITY TO CONVEY LAND. No. 754 (House Bill No. 1229). An Act to amend an Act establishing a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. An Act establishing a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and particularly amended by an Act approved March 5, 1957 (Ga. L. 1957, p. 2, 429, et. seq.) is hereby amended by adding a new paragraph which shall read as follows: Power and authority is hereby vested in the city council of East Point to sell and convey by warranty deed executed
Page 2608
by the mayor and clerk of council to Thomas G. Aycock and Grover E. Aycock for $10,101.00, the fee simple title to all that tract or parcel of land in land lot 132, of the 14th district of Fulton County, Georgia, in the City of East Point, commencing at a point on the southwest side of Norman Berry Drive, 213.7 feet east of the southeast corner of Norman Berry Drive and Bayard Street; thence southeast a distance of 136.0 feet along the southwestern side of Norman Berry Drive; thence southeast and southwest along the curve at the intersection of Norman Berry Drive and Cleveland Avenue a distance of 115.2 feet to the northwestern side of Cleveland Avenue; thence southwesterly along the northwestern side of Cleveland Avenue a distance of 121.4 feet to a point that is 181.5 feet from the northeastern corner of Cleveland Avenue and Bayard Street; thence north 3 degrees 00 minutes east a distance of 227.2 feet to the point of beginning as shown upon plat of survey for City of East Point, Georgia, prepared by City Engineering Department, dated December 14, 1961. Section 2. That upon the consummation of the sale of the property described under section 1, of this Act by the city council of East Point to Thomas G. Aycock and Grover E. Aycock, in accordance with the provisions of this Act, the fee-simple unencumbered title to the aforesaid property shall vest in Thomas G. Aycock and Grover E. Aycock, their heirs and assigns, and for exclusive, private use of the said Thomas G. Aycock and Grover E. Aycock, their heirs and assigns, free and unencumbered from any dedication to the general public. Section 3. That there is attached hereto, and made by reference a part hereof, a copy of the notice of intention to apply for the enactment hereof with a certificate of the duly-authorized agent of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published in accordance with the statutes and Constitution of this State. Section 4. That all laws and parts of laws in conflict herewith are hereby repealed.
Page 2609
Publisher's Affidavit. State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 22, 29 Nov., 1961, 6, 13, 20, 27 days of December, 1961, and on the 3, 10, 17, 24, 31 days of January, 1962 as provided by law. Frank Kempton Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the session of the General Assembly of Georgia convening in January, 1962, the title to such bill or bills to be as follows: An Act to amend an Act establish a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof; and for other purposes. This 21st day of November, 1961. City of East Point By Ezra E. Phillips East Point City Attorney 1305 Fulton Nat'l Bk Bldg. Atlanta 3, Georgia
Page 2610
Subscribed and sworn to before me, this 1st day of February, 1962. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission Expires Oct. 18, 1963. (Seal). Approved March 3, 1962. CIVIL COURT OF FULTON COUNTYJUDGES' SALARIES. No. 755 (House Bill No. 1231). An Act to amend an Act entitled, An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, of Section 7, of Article 6 of the Constitution of the State of Georgia, ratified October 2nd, 1912, relating to the abolition of justice courts and the office of justice of the peace and of notary public ex officio justice of the peace, in certain cities and the establishment in lieu thereof of such court or courts, or system of courts, as the General Assembly may deem necessary; and in pursuance thereof, to abolish all justice courts and the office of justice of the peace in the City of Atlanta, Georgia, and to establish in lieu thereof the Municipal Court of Atlanta, in the City of Atlanta; to define its jurisdiction and powers; to provide for the appointment, qualifications, duties, powers, and compensation of the judges and other officers thereof; to provide for pleading and practice and rules of procedure and new trials therein and appeals and writs of error therefrom; to abolish the office of constable in said city; to provide for separate sections of said court; to define the territorial jurisdiction of each section, and the jurisdiction of said sections as to amount and subject matter; and for other purposes, approved August 20, 1913 (Ga. L. 1913, p. 145, et seq.) and all Acts amendatory thereto by changing the compensation of the judges thereof.
Page 2611
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That an Act approved August 20, 1913 (Ga. L. 1913, p. 145, et seq.) and the several Acts amendatory thereof relating to the Civil Court of Fulton County be, and the same is hereby amended, by striking from section 14-A of said Act as amended by an Act approved March 12, 1957 (Ga. L. 1957, p. 2829) in line two thereof the words and figures fifteen thousand ($15,000.00) dollars and substituting therefor the words and figures seventeen thousand four hundred ($17,400.00) dollars and in line four thereof the words and figures fourteen thousand four hundred ($14,400.00) dollars and substituting therefor the words and figures sixteen thousand eight hundred ($16,800.00) dollars, so that said section when amended shall read as follows: Section 14-A. The annual salary of the chief judge of said court shall be seventeen thousand four hundred ($17,400.00) dollars, and the annual salary of the associate judges of said court shall be sixteen thousand eight hundred ($16,800.00) dollars, and shall be paid in equal monthly installments upon vouchers approved by the chairman of the board of commissioners of roads and revenues of Fulton County, or his order, and drawn upon the county treasurer of Fulton County; provided, that no judge or other official of said court shall receive to his own use any fees or perquisites of office. The increased compensation provided by this statute shall be effective January 1, 1963. Salaries. Section 14-B. The increased compensation provided by this statute shall not operate to increase the amount of pension payable upon retirement to the officer whose compensation is thus increased. Before such increased compensation shall be due and payable, such officer shall execute a written waiver to be prepared by the county attorney in which such officer shall agree that the increased compensation provided herein shall not operate to increase the amount of the pension payable to such officer upon retirement.
Page 2612
Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 3. The General Assembly finds upon investigation and so declares that notice of intention to apply for the enactment of this bill was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945. A copy of said notice and of the proof of publication required by said constitution is hereby attached and made a part hereof. Publisher's Affidavit. State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 9, 16, 23 days of January, 1962, as provided by law. /s/ Frank Kempton Notice of Intention to Apply for Local Legislation. Pursuant to the provisions of Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945, notice is hereby given of intention to apply at the regular session of the General Assembly of the State of Georgia, which convened on the second Monday in January, 1962, for the enactment of local legislation to amend the Act creating the Civil Court of Fulton County (formerly Municipal Court of Atlanta), approved August 20, 1913, as heretofore amended. Said Act appears in Georgia Laws 1913, pages 145 through 177. This the 9th day of January, 1962. Hewitt W. Chambers Clerk, Civil Court of Fulton County.
Page 2613
Subscribed and sworn to before me, this 31 day of January, 1962. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission Expires Oct. 18, 1963. (Seal). Approved March 3, 1962. CITY OF MANCHESTERCHARTER AMENDED, REFERENDUM. No. 756 (House Bill No. 1232). An Act to amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), so as to repeal sec. 9. of said Act governing the meetings of mayor and council and rules of voting at such meetings; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), is hereby amended by striking section 9 of said Act in its entirety, said section 9 reads as follows: Section 9. The mayor, or mayor pro tem. and two councilmen shall constitute a quorum. The mayor and councilmen shall each have a vote on all questions, and in case of a tie, the mayor shall cast the deciding vote. Regular meetings shall be held at such times and places as the mayor and council shall determine, and called meetings whenever the business of the town shall demand. Council meetings. Section 2. This Act shall not become effective until the same shall be approved in a referendum election to be held on the fourth Wednesday following the passage and approval
Page 2614
of this Act. Such referendum election shall be held under the same rules and regulations governing the election of officers of the City of Manchester, at which election there shall be submitted to the qualified voters of the City of Manchester, the question of approval of this Act. There shall be printed on said ballots the following: (_____) For ratification of an Act repealing section 9 of an Act incorporating the City of Manchester relating to the governing of the meeting of the mayor and council and rules of voting at such meeting. (_____) Against ratification of an Act repealing section 9 of an Act incorporating the City of Manchester relating to the governing of the meeting of the mayor and council and rules of voting at such meeting. Referendum. Those persons wishing to vote in favor of approval of this Act shall so indicate by making a mark in the block opposite For ratification of an Act repealing section 9 of an Act incorporating the City of Manchester relating to the governing of the meeting of the mayor and council and rules of voting at such meeting. Those persons wishing to vote against approval of this Act shall so indicate by making a mark in the block opposite Against ratification of an Act repealing section 9 of an Act incorporating the City of Manchester relating to the governing of the meeting of the mayor and council and rules of voting at such meeting. If a majority of the votes cast in such referendum election shall be against approval of this Act then this Act shall be void and of no effect. If a majority of the votes cast in such referendum election shall be in favor of the approval of this Act then the same shall become effective as a part of the charter of the City of Manchester. The clerk of the City of Manchester shall certify the results of such referendum election to the Secretary of State for filing with the enrolled copy of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 2615
Legislation to be Sought. Notice is hereby given that legislation will be sought at the January 1962 session of the General Assembly of Georgia to amend the charter of the City of Manchester. Such legislation may be any provision within the power of legislature to enact. Personally appeared before the undersigned officer authorized by law to administer oaths Mrs. R. K. Stovall who being duly sworn says on oath that she is the publisher of the Meriwether Vindicator, Greenville, Meriwether County, Georgia, and that the Meriwether Vindicator is the legal organ of Meriwether County, Georgia, and is the newspaper in which sheriff's advertisements for Meriwether County are published; that the foregoing and attached notice of intention to apply for local legislation was published in said Meriwether Vindicator on the following dates: January 4th, 1962, January 11th, 1962 and January 18th, 1962. Mrs. R. K. Stovall Sworn to and subscribed before me, this 31st day of January, 1962. /s/ A. D. Herring, Clerk Superior Court. (Seal). Approved March 3, 1962. PAULDING COUNTYOFFICE OF COUNTY TREASURER ABOLISHED. No. 757 (House Bill No. 1241). An Act to abolish the office of county treasurer of Paulding County; to provide for an accounting by the outgoing treasurer; to provide for specific repeals; to provide an effective date; to repeal conflicting laws; and for other purposes.
Page 2616
Be it enacted by the General Assembly of Georgia: Section 1. The office of county treasurer of Paulding County is hereby abolished. Section 2. On the effective date of this Act, the outgoing treasurer shall turn over all books, records, accounts and funds in his hands to the commissioner of roads and revenues of Paulding County and shall make a full and complete accounting to said commissioner. Section 3. This Act shall become effective on January 1, 1965. Effective date. 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, J. V. Rogers, who, on oath, deposes and says that he is Representative from Paulding County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era, which is the official organ of said county, on the following dates: January 25, 1962 and January 1, 1962, and February 8, 1962. /s/ J. V. Rogers, Representative, Paulding County. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia, a bill to abolish the office of treasurer of Paulding County, effective January 1, 1965; and for other purposes.
Page 2617
This 24th day of Jan., 1962. J. V. Rogers, Representative, Paulding County. Samuel U. Braly, Senator, 38th District. Sworn to and subscribed before me, this 9 day of Feb., 1962. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 3, 1962. CITY OF COMMERCECORPORATE LIMITS. No. 761 (House Bill No. 1259). An Act to amend an Act incorporating the City of Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, particularly by an Act approved August 9, 1911 (Ga. L. 1911, p. 975), by an Act approved July 29, 1912 (Ga. L. 1912, p. 771), and by an Act approved March 17, 1959 (Ga. L. 1959, p. 3191), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, particularly by an Act approved August 9, 1911 (Ga. L. 1911, p. 975), by an Act approved July 29, 1912 (Ga. L. 1912, p. 771), and by an Act approved March 17, 1959 (Ga. L. 1959, p. 3191), is hereby amended by inserting following section 2A thereof a new section which shall be known as section 2B which shall read as follows:
Page 2618
Section 2B. In addition to the property heretofore included within the City of Commerce, the corporate limits of said city shall include all of the following described property: `All that tract or parcel of land lying adjoining the city limits of Commerce, Jackson County, Georgia, beginning at a point on the old Maysville Highway, and adjoining the right of way of the Southern Railway, and being the beginning point on the westerly side of the paved road leading to the Banks-Jackson-Commerce Hospital, and running thence in a northerly direction along said paved road 1711.6 feet to a point, thence in a westerly direction 168 feet to an iron pin, thence in a southerly direction along the Hardman property line 1505.3 feet to an iron pin, thence easterly 473 feet to a point, which is 17.8 feet from the westerly side of the road leading to the Banks-Jackson-Commerce Hospital, thence southerly 209.5 feet to a point on the right of way of the old Maysville Highway and the right of way of the Southern Railway, thence easterly 109.5 feet along said highway and right of way to the point of beginning, said property being the same property designated as lots one (1) through nineteen (19) inclusive on a plat made in May, 1960 by Nat Hancock, Georgia Registered Surveyor No. 254, said plat being recorded in plat book No. 3, page 363 of the Jackson County records and said plat being entitled a plat of the Harden subdivision. Also a small parcel of land lying on the easterly side of the road leading to the Banks-Jackson-Commerce Hospital, beginning at a point at the northwest corner of the lot in which Mrs. Preston Harden has a life estate, running thence easterly along the north boundary line of said lot 151.5 feet to a point, thence northerly 465 feet to a point on the easterly side of the road leading to the Banks-Jackson-Commerce Hospital, thence in a southerly direction along the east side of said road 433 feet to the point of beginning, said property being the same property designated as lot No. 20 on a plat made in May, 1960 by Nat Hancock, Georgia Registered Surveyor No. 254, said plat being recorded in plat book No. 3, page 363 of the Jackson County records and said plat being entitled a plat of the Harden subdivision.
Page 2619
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Jackson County. This is to certify that the legal advertisement hereto attached was published in The Jackson Herald, official organ of Jackson County, Georgia, on January 10, 17, 24 and 31, 1962, and that this is a clipping of that advertisement taken from The Jackson Herald. This the 8th day of February, 1962. /s/ N. S. Hayden, Editor. Sworn before me, this the 8th day of February, 1962. /s/ Lillian Adams, Notary Public, Jackson County, Georgia. My Commission expires Feb. 3, 1963. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1962 session of the General Assembly of Georgia, a bill to alter the city limits of Commerce, Georgia so as to include in the city limits of Commerce, Georgia, a group of lots to be known as The Harden Subdivision, lying along the Hospital Road on the north side of the present city limits of Commerce, Georgia. This property is described in detail in a plat made by Mr. Nat Hancock, county surveyor, and recorded in plat book No. 3, page 363 in the office of clerk of the court in Jefferson, Georgia. /s/ W. D. Bolton, Mayor. George H. Short, City Clerk Treas. Approved March 3, 1962.
Page 2620
CITY OF JEFFERSONCORPORATE LIMITS, REFERENDUM. No. 762 (House Bill No. 1262). An Act to amend an Act incorporating the City of Jefferson, in the County of Jackson, approved December 12, 1899 (Ga. L. 1899, p. 214), as amended, so as to change the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Jefferson, in the County of Jackson, approved December 12, 1899 (Ga. L. 1899, p. 214), as amended, is hereby amended by striking from the first sentence of section 1 of said Act the words three-quarters of one mile and inserting in lieu thereof the words one and one-quarter miles, so that when so amended said section 1 shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, that the inhabitants of the territory embraced within the limits of one and-quarter miles in every direction from the center of the public square as it is at present located in Jefferson, in the County of Jackson, be incorporated under the name and style of the City of Jefferson, and said City of Jefferson is hereby incorporated and by that name and style shall have perpetual succession; may have and use a common seal; may sue and be sued; may plead and be impleaded in any court of law or equity in this State; shall be capable in law or equity to purchase, have and hold, receive and enjoy, possess and retain, for corporate purposes, any estate or estates, real or personal, of whatever kind or nature within the jurisdictional limits of the City of Jefferson, and may sell or otherwise dispose of the same for the benefit of said city, as to the city council may seem fit and proper; the mayor of said city, by direction of the city council, making deed to any property sold or disposed of by the said city; provided, that this section shall not be so construed as to subject the corporation aforesaid to the liability of keeping any bridge or bridges or embankment,
Page 2621
connected therewith, across Curry's Creek in repair without consent of the corporation. Corporate limits. Section 2. Not less than 30 days after the approval of this Act by the Governor and no later than June 30, 1963, it shall be the duty of the Ordinary of Jackson County to issue, upon request of the city council of the City of Jefferson, the call for an election for the purpose of submitting this Act to the voters residing within the area to be annexed to the corporate limits of Jefferson, Georgia, by this Act, for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 60 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 Jackson County. The ballot shall have written or printed thereon the words: For approval of the Act changing the corporate limits of the City of Jefferson by increasing the corporate limits a distance of one-half mile around the city. Referendum. Against approval of the Act changing the corporate limits of the City of Jefferson by increasing the corporate limits a distance of one-half mile around the city. Not less than 30 days after the approval of this Act by the Governor and no later than June 30, 1963, it shall be the duty of the official responsible for calling elections in the City of Jefferson to issue, upon request of the city council of the City of Jefferson, the call for an election for the purpose of submitting this Act to the voters residing in the City of Jefferson, Georgia, for approval or rejection. The official responsible for calling elections in the City of Jefferson shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The official responsible for calling elections in the City of Jefferson 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 Jackson County. The ballot shall have written or printed thereon the words:
Page 2622
For approval of the Act changing the corporate limits of the City of Jefferson, by increasing the corporate limits a distance of one-half mile around the city. Against approval of the Act changing the corporate limits of the City of Jefferson, by increasing the corporate limits a distance of one-half mile around the city. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. A majority of the registered and qualified voters of the City of Jefferson must vote, and if a majority of those voting are for approval of the Act, and a majority of the registered and qualified voters of the area to be annexed by this Act must vote and if a majority of those voting are for approval of the Act it shall become of full force and effect. If less than a majority of those voting in the City of Jefferson vote for approval of the Act, and if less than a majority of those voting in the area to be annexed by this Act vote for approval of the Act it shall be void and of no force and effect. The expenses of such election shall be borne by the City of Jefferson and the ordinary shall be reimbursed by the City of Jefferson for expenses incurred in holding such election. It shall be the duty of the ordinary to hold and conduct such election in the area to be annexed by the City of Jefferson by this Act and it shall be the duty of the official whose responsibility it is to hold and conduct elections in the City of Jefferson to hold and conduct such election. Both officials shall hold such elections under the same laws, 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 held in the area to be annexed by this Act to the City of Jefferson. It shall be his further duty to certify the result thereof to the Secretary of State. It shall be the duty of the official responsible for holding elections in the City of Jefferson to canvass the returns and declare and certify the result of the election held in the City of Jefferson. It shall be his further duty to certify the result thereof to the Secretary of State.
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Section 3. The notice of election issued by the officers responsible therefor as provided in section 2 above shall contain therein a full explanation of what is to be voted on. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Jackson County. This is to certify that the legal advertisement attached hereto was published in the Jackson Herald, official organ of Jackson County, Georgia, on January 24th, 31st and February 7th. /s/ N. S. Hayden, Editor. /s/ Jas. Hardy, Publisher. Witness this 12th day of February, 1962. /s/ Henry D. Robinson, Notary Public, Jackson County, Georgia. My Commission expires October 3, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1962 session of the General Assembly of Georgia, a bill to provide for a referendum to be called on the question of expanding the city limits of the City of Jefferson, Georgia. Mayor and Council, City of Jefferson, Georgia. Approved March 3, 1962.
Page 2624
CITY OF COMMERCECORPORATE LIMITS, REFERENDUM. No. 763 (House Bill No. 1266). An Act to amend an Act incorporating the City of Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, so as to change the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, is hereby amended by adding a new section thereto to be known as section 2C, which shall read as follows: Section 2C. In addition to the property heretofore included within the City of Commerce, the corporate limits of said city shall include all of the following described property: That the corporate limits of the City of Commerce shall be as follows: Beginning at an iron pin in the center of the main line of the Southern Railway track at the depot of said Southern Railway in the City of Commerce and extending along said railway two miles northwest, and two miles and three hundred yards along said railway southeast, and on the east side of said railroad the corporate limits shall extend one and one-half mile from the center of said railroad track and parallel thereto, and on the west side of said railroad track the corporate limits of said city shall extend parallel with said track a distance of one mile and four hundred yards from the center of said track. Corporate limits. Section 2. Not less than 30 days after the date of the approval of this Act by the Governor or after it otherwise becomes law, and no later than December 31, 1962, the municipal authority or official responsible for calling elections in the City of Commerce may issue the call for an election for the purpose of submitting this Act to the registered voters within the present corporate limits of the city for
Page 2625
approval or rejection. The municipal authority or official responsible for calling elections shall set the date of such an election for a day not less than 30 no more than 60 days after the date of the issuance of the call. The said municipal authority or official shall cause the date and purpose of the election to be published once a week for two weeks preceding the date thereof in the official organ of Jackson County and the Commerce News. The ballot shall have written or printed thereon the words: For approval of the Act changing the corporate limits of the City of Commerce by increasing the corporate limits a distance of one mile around the city from the original city limits. Referendum. Against approval of the Act changing the corporate limits of the City of Commerce by increasing the corporate limits a distance of one mile around the city from the original city limits. 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. After the said municipal authority or official sets the date for the election in the city it shall be the duty of the ordinary to immediately issue the call for an election for the purpose of submitting this Act to the registered voters of the areas proposed to be annexed to the city. The ordinary shall set the date of such election for the same day as the day set by the said municipal authority or official. 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 Jackson County and the Commerce News. The ballot shall have written or printed thereon the words: For approval of the Act changing the corporate limits of the City of Commerce by increasing the corporate limits a distance of one mile around the city from the original city limits.
Page 2626
Against approval of the Act changing the corporate limits of the City of Commerce by increasing the corporate limits a distance of one mile around the city from the original city limits. All persons desiring to vote in favor of the Act shall vote for approval and those persons desiring to vote for rejection of the Act shall vote against approval. It shall be the duty of the said municipal authority or official to hold and conduct the election within the city. He shall hold such election under the same laws, rules and regulations as govern general elections, unless otherwise provided herein. It shall be the duty of the said municipal authority or official to canvass the returns and declare and certify the result of the election in the city. It shall be the duty of the ordinary to hold and conduct the election in the area proposed to be annexed. He shall hold such election under the same laws, rules and regulations as govern general elections, unless otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election in the area proposed to be annexed. If a majority of the registered and qualified voters in the City of Commerce vote in the election; and if a majority of the registered and qualified voters in the City of Commerce voting in the election are for approval of the Act; and if a majority of the registered and qualified voters residing within the area to be annexed to the corporate limits of Commerce, Georgia, vote in the election; and if a majority of the registered and qualified voters residing within the area to be annexed to the corporate limits of Commerce, Georgia, voting in the election are for approval of the Act it shall become of full force and effect. If less than a majority of the registered and qualified voters in either Commerce or the area to be annexed to the corporate limits of Commerce, Georgia, fail to vote or if less than a majority of the registered and qualified voters voting in either Commerce or the area to be annexed to the corporate limits of Commerce, Georgia, vote for approval of this Act it shall be void and of no force and effect. The
Page 2627
ordinary shall keep a list of the expenses incurred by him in holding the election in the area proposed to be annexed, and it shall be the duty of the City of Commerce to reimburse him for such expenses. The expenses of the election in the city shall likewise be borne by the City of Commerce. The ordinary shall certify the results of the election in the area proposed to be annexed to the said municipal authority or official and the said municipal authority or official in turn shall certify the results of the election within the city and the election in the area proposed to be annexed to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Jackson County. This is to certify that the legal advertisement attached hereto was published in the Jackson Herald, official organ of Jackson County, Georgia, on January 24th, 31st and February 7th. /s/ N. S. Hayden, Editor. /s/ Jas. Hardy, Publisher. Witness this 12th day of February, 1962. /s/ Henry D. Robinson, Notary Public, Jackson County Georgia. My Commission expires Oct. 3, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1962 session of the General Assembly of Georgia, a bill to alter the charter of the City of Commerce, Georgia, to repeal conflicting laws, and for other purposes. This the 24th day of January, 1962. Mayor and Council, City of Commerce, Georgia. Approved March 3, 1962.
Page 2628
CITY OF AUGUSTACIVIL SERVICE COMMISSION. No. 764 (House Bill No. 1269). An Act to amend the charter of the City of Augusta, incorporated as The City Council of Augusta (Ga. L. 1798), as amended, by the various amendatory Acts thereof, and especially as amended by Act of the General Assembly approved February 15, 1952 (Ga. L. 1952, p. 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 elections 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 prescribe certain grades or ranks in the police and fire departments; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The charter of the City of Augusta, incorporated as The City Council of Augusta (Ga. L. 1798), as amended by the various amendatory Acts thereof, and especially as amended by Act of the General Assembly approved February 15, 1952 (Ga. L. 1952, p. 2771-2786) is further amended as follows: A. By striking in its entirety sub-paragraph (1) of paragraph (n) of section 7 of said Act of 1952 aforesaid and substituting in lieu thereof the following:
Page 2629
(1) Chief of police; chief of detectives; captain; lieutenants; sergeants; privates; and probationers; with A, B, C, and D grades in each of said ranks: A grade being those with fifteen (15) years or more of service; B grade being those with not less than ten (10) nor more than fifteen (15) years of service; C grade being those with not less than five (5) nor more than ten (10) years of service; and D grade being those over thirty-five (35) years of age with nine (9) years of service, continuous or otherwise, and not under nor eligible for any pension plan of The City Council of Augusta, all as of the date of the passage of this amendment. Police. B. By striking in its entirety sub-paragraph (1) of paragraph (r) of section 7 of said Act of 1952 aforesaid and substituting in lieu thereof the following: (1) Chief of fire department; first assistant chief; second assistant chief; battalion chief; captains; lieutenants; and privates; with A, B, and C grades in each of said ranks: A grade being those with fifteen (15) years or more of service; B grade being those with not less than ten (10) nor more than fifteen (15) years of service; C grade being those with not less than five (5) nor more than ten (10) years of service. Firemen. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that the following local legislation will be introduced at the 1962 session of the General Assembly of Georgia. Augusta Charter Amendment-Civil Service Commission. An Act to amend the Charter of the City of Augusta, incorporated as The City Council of Augusta (Ga. L. 1798), as amended, by the various amendatory Acts thereof, and especially as amended by Act of the General Assembly approved February 15, 1952 (Ga. L. 1952, p. 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
Page 2630
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 prescribe certain grades or ranks in the police and fire departments; and for other purposes. /s/ E. D. Fulcher, City Attorney. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James M. Hull, Jr., who, on oath, deposes and says that he is Representative from Richmond County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Augusta Herald, which is the official organ of said county, on the following dates: January 13, 19 and 26, 1962. /s/ James M. Hull, Jr. Representative, Richmond County. Sworn to and subscribed before me, this 4th day of February, 1962. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission expires October 6, 1964. Approved March 3, 1962.
Page 2631
EARLY COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 765 (House Bill No. 1272). An Act to amend an Act creating the board of commissioners of roads and revenues of Early County, Georgia approved March 24th, 1933 by raising the salaries and compensation of the members of that board. Be it enacted by the General Assembly of Georgia: Section 1. Section 8 of the Act creating the board of commissioners of roads and revenues of Early County, Georgia approved March 24th, 1933 is hereby amended by striking therefrom the words sixty dollars per annum and inserting in lieu thereof the words one hundred dollars per month, so that said section, when so amended, shall read as follows: Section 8. The said county commissioners shall be paid out of the treasury or depository of the county the sum of one hundred dollars per month, which shall be in full for their services rendered the said board, and shall be paid by order upon the county treasury or depository. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce at the present session of the General Assembly of Georgia (which is now in session) a bill to raise the salaries and compensation of the members of the board of commissioners of roads and revenues of Early County, Georgia. This notice is given in compliance with the requirements of paragraph XV, of Section VII of Article III of the Constitution of Georgia of 1945, as amended.
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This January 8th, 1962. /s/ L. H. Baughman, Member of the General Assembly of Georgia, House of Representatives, from Early County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. H. Baughman, who, on oath, deposes and says that he is Representative from Early County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Early County News, which is the official organ of said county, on the following dates: January 11th, 18th, and 25th, 1962. /s/ Leon Baughman Sworn to and subscribed before me, this 8th day of February, 1962. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission expires October 6, 1964. (Seal). Approved March 3, 1962. CITY OF REYNOLDSHOURS OF HOLDING ELECTIONS. No. 766 (House Bill No. 1273). An Act to amend an Act to provide and establish a new charter for the City of Reynolds in the County of Taylor, approved August 16, 1915 (Ga. L. 1915, p. 786), so as to change the time of day for keeping open the polls for elections; to repeal conflicting laws; and for other purposes.
Page 2633
Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide and establish a new charter for the City of Reynolds in the County of Taylor, approved August 16, 1915 (Ga. L. 1915, p. 786), is hereby amended by striking from section 9 of said Act the words, and the time of day for keeping open such election shall be from nine o'clock, a.m., to three o'clock, p.m., central standard rail-road time, and inserting in lieu thereof the words, and the time of day for keeping open the polls for such elections shall be from seven o'clock a.m. until seven o'clock p.m., eastern standard time, so that when so amended said section shall read as follows: Sec. 9. Be it further enacted, That the place of holding all municipal elections in said city shall be at the regular place for holding elections for the 741st District, G. M., and the time of day for keeping open the polls for such elections shall be from seven o'clock a.m. until seven o'clock p.m. eastern standard time. The managers may begin to count votes at any time in their discretion, but they shall not do so until the polls are closed if a candidate in person or by written authority objects. The city council may provide by ordinance for regulating and safeguarding all elections held in said city, and may adopt such provisions in reference thereto as are reasonable and not in conflict with this Act. 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 1962 session of the General Assembly of Georgia an Act to amend the City Charter of Reynolds, Georgia so as to provide that the time of day for keeping open the polls for elections shall be from 7:00 o'clock a.m. until 7:00 o'clock p.m. Eastern Standard Time. /s/ Ralph R. Underwood, Representative, Taylor County.
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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 24, 31 and February 7, 1962. /s/ Ralph Underwood, Representative, Taylor County. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1962 session of the General Assembly of Georgia an Act to amend the City Charter of the City of Reynolds, Georgia, so as to provide that the time of day for keeping open the polls for election shall be from 7:00 o'clock a.m. until 7:00 o'clock p.m. E.S.T. This the 22nd day of January, 1962. /s/ Ralph Underwood, Representative, Taylor County. Sworn to and subscribed before me, this 6th day of February, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large. My Commission expires March 17, 1964. (Seal). Approved March 3, 1962.
Page 2635
WASHINGTON WILKES PAYROLL DEVELOPMENT AUTHORITY. No. 767 (House Bill No. 1275). An Act to create the Washington Wilkes Payroll Development Authority; to provide for the appointment of members of said Authority; to provide the purpose, duties, control, organization and powers of said Authority; to provide for the duties and powers of the City of Washington and the County of Wilkes with respect to said Authority; to provide for issuing revenue bonds and for the validation of such certificates; to provide for the exemptions applicable to said Authority and to evidences of indebtedness issued by said Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as the Washington Wilkes Payroll Development Authority. Title. Section 2. There is hereby created a body corporate and politic to be known as the Washington Wilkes Payroll Development Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of five (5) members who shall be the chairman of the Board of Commissioners of Roads and Revenues of Wilkes County, the Mayor of the City of Washington, the president of the Wilkes County Chamber of Commerce and two (2) appointed members who shall be residents of Wilkes County within or without the corporate limits of the City of Washington and not less than thirty (30) years of age at the time of appointment. There shall not be more than one (1) member of the Authority from any single family, partnership or other business organization. The members shall be selected in the following manner: Immediately after the effective date of this Act the mayor and council of the City of Washington
Page 2636
shall appoint one (1) member; the Commissioners of Roads and Revenues of Wilkes County shall appoint one (1) member. The latter appointment shall be for three (3) years and the appointment made by the City shall be for two (2) years. Thereafter all such terms and appointments, except in case of a vacancy, shall be for three (3) years. In the event a vacancy occurs in the city appointment, the city shall fill such vacancy by appointment for the unexpired term. In the event a vacancy occurs in the county appointment, the county shall fill such vacancy by appointment for the unexpired term. In making any appointment for a vacancy or after the expiration of a term, the city and the county shall make such appointments as may be necessary. The Authority shall elect a chairman and a treasurer. The secretary of the Wilkes County Chamber of Commerce shall serve as secretary of the Authority without compensation. The members of this Authority shall be entitled to no compensation. Created, members. Section 3. As used in this Act, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: (a) The word Authority shall mean the Washington Wilkes Payroll Development Authority created by this Act and by and under Article V, Section IX, Paragraph I of the Constitution of the State of Georgia. Definitions. (b) The word project shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of jobs and payroll in industry, commerce, agriculture, and natural resources; the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such structures or equipment to private persons, firms or corporations. (c) The term cost of project shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction,
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cost of engineering, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation; provided, however, that in no event shall entertainment or promotional expense be considered a part of the cost of any project. Section 4. The County of Wilkes and the City of Washington are expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. Section 5. Any three (3) members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than three (3) affirmative votes. Quorum. Section 6. The Authority shall have powers: (a) To have a seal and alter the same at pleasure. (b) To acquire, hold, and dispose of personal property, including the stock of other corporations, for its corporate purposes. (c) To enter into contracts for periods of time not in excess of fifty (50) years. (d) To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real property or liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease or make contracts with respect to the use of same or to dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in the County of Wilkes or the City of Washington; the governing authority of Wilkes County
Page 2638
and the City of Washington are authorized in their discretion to convey title to such lands, including any improvements thereon, to the Authority. Powers. (e) To appoint and select officers, agents, and employees, including engineers, architects, builders, and attorneys, and to fix their compensation. (f) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and rental and sale of projects, or contracts with respect to the use of projects, which it erects or acquires. (g) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand and to operate and manage projects and to pay the cost of any such project from the proceeds of revenue bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. (h) To borrow money for any of its corporate purchases and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. (i) To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia. (j) To do all things necessary or convenient to carry out the powers expressly conferred by this Act. (k) To adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (l) To issue revenue bonds for the purpose of paying all
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or any part of the cost of any project of the Authority. Such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937, (Ga. L. 1937, pp. 761-774), and as subsequently amended, providing for the issuance of revenue bonds. Section 7. The Authority is hereby specifically authorized to purchase or otherwise acquire land and to improve and develop same so as to make said land more desirable for industrial purposes. Such land acquisition and development may be undertaken by the Authority at any time whether o rnot there is at such time a prospective industry considering the purchase or lease of an industrial site in Wilkes County. Such land and improvements may be held by the Authority for any length of time it deems desirable, but any sale, lease or other disposition of same when made, shall be subject to the provisions of section 9 hereof. Same. Section 8. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Expenses. Section 9. All projects of the Authority shall be on a self-liquidating basis, and the Authority shall not make gifts, directly or indirectly, to any person, firm or corporation. Intent. Section 10. Should said Authority for any reason be dissolved, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Wilkes County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Same. Section 11. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue bonds issued by the Authority shall be exempt from State and local taxation. Bonds. Section 12. The Authority shall not be empowered or
Page 2640
authorized in any manner to create a debt as against the State of Georgia, the County of Wilkes, or the City of Washington. Intent. Section 13. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to the County of Wilkes and the City of Washington, and shall publish same one time in all newspapers printed in Wilkes County. Audits. Section 14. This Act being for the purpose of developing and promoting the public good and the welfare of the County of Wilkes and the City of Washington and their inhabitants, shall be liberally construed to effect the purposes hereof. Construction of Act. Section 15. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Severability. Section 16. The provisions of this Act shall become effective immediately after ratification of an amendment to the Constitution of the State of Georgia authorizing the creation of the Washington Wilkes Payroll Development Authority. Effective date. Section 17. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Notice of Proposed Local Legislation. The undersigned will introduce at the session of the General Assembly of Georgia which convened in January 1962, a local bill to create the Wilkes County Payroll Development Authority and to provide for the appointment of members of said Authority; to provide for the purposes, duties, control, organization and powers of the Authority and for the County of Wilkes with respect thereto; to provide for the issuance and validation of revenue- anticipation certificates;
Page 2641
to provide and limit the taxes which can be levied for the support of projects of said Authority; and for other related purposes. The Act will be effective upon the ratification of a constitutional amendment authorizing the creation of such an Authority. /s/ H. H. Barnett, Representative, Wilkes County. 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: January 25th, Feb. 1st and Feb. 8th. /s/ H. H. Barnett, Representative, Wilkes County. Sworn to and subscribed before me, this 12th day of February, 1962. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved March 3, 1962.
Page 2642
WHITFIELD COUNTYADVISORY BOARD TO COMMISSIONER OF ROADS AND REVENUES. No. 770 (House Bill No. 901). An Act to amend an Act creating the office of commissioner of roads and revenues for the County of Whitfield, approved July 27, 1929 (Ga. L. 1929, p. 763), as amended, particularly by an Act aproved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2145), and an Act approved March 7, 1960 (Ga. L. 1960, p. 2308), so as to provide for changes in the method or review of the budget of said county; to provide certain powers of the advisory board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenues for the County of Whitfield, approved July 27, 1929 (Ga. L. 1929, p. 763), as amended, particularly by an Act approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2145), as further amended, particularly by an Act approved March 7, 1960 (Ga. L. 1960, p. 2308), is hereby amended by adding thereto between the first paragraph of section 7 which ends as follows, to wit: provided and as may hereafter be provided by law, and the beginning of the second paragraph of section 7 which begins as follows, to wit: Be it further enacted that said Advisory Board, the following: Within five days after the approval of this Act and on or before the last day of January of each year thereafter during the term for which he is elected, the commissioner of roads and revenues of Whitfield County shall file with the chairman of the advisory board to the commissioner of roads and revenues of said county a complete and comprehensive budget for the operation of all county affairs for said years and setting out the anticipated revenue for the county from all sources and anticipated expenditures of all departments, including the budgets for the office of sheriff of Whitfield County, ordinary of Whitfield County, clerk
Page 2643
of the superior court of Whitfield County, tax commissioner of Whitfield County, as approved in the manner prescribed by law, as well as the office of commissioner of roads and revenues of Whitfield County; said commissioner, upon request of the chairman of the advisory board shall, without delay, furnish such other and additional information to said chairman relating to said budget or other county affairs. Said advisory board shall have the power and is hereby authorized to review the budget of the commissioner of roads and revenues of Whitfield County, and is hereby authorized and empowered to approve said budget as submitted, or revise the same and set a new budget for any or all of such county matters pertaining to the budget as submitted to it by the commissioner of roads and revenues. Provided, however, nothing contained herein shall operate to suspend, alter or repeal the law prescribing the method for approving budgets for the offices of sheriff, ordinary, clerk of superior court and tax commissioner of Whitfield County. Thereafter, and within fifteen (15) days from the date of receipt of said budget by the chairman of said advisory board, the advisory board shall review the same and approve, revise, amend or set a new budget for the operation of said county and render to said commissioner in writing their approval, revisions, amendments or alterations which shall be spread by said commissioner upon his official minutes. The approval, revisions, amendments or alterations to said budget are not binding on said commissioner; however, in the event the said commissioner accepts the approval, revisions, amendments or alterations to said budget, he shall enter his acceptance upon the official minutes within fifteen (15) days of receipt of same by him from said advisory board. In the event said commissioner rejects the approval, revisions, amendments or alterations, to said budget, he shall enter said rejection upon his official minutes within fifteen (15) days of receipt of same by him from the said advisory board and have published in the newspaper in said county in which sheriff's advertisements appear the budget as submitted to him by the chairman of said advisory board, the budget submitted by him to said advisory board, and his disapproval, and his reason or reasons therefor. Said publication to be run once a week for
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two weeks in said newspaper within ten (10) days of the date of disapproval by said commissioner. Further, that said advisory board shall have the power to review the budget plan submitted by the various county officers to the commissioner of roads and revenues which has been disapproved by said commissioner and take such action thereon as may be especially conferred by law. Budgets. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notices. Notice is hereby given of the intention of the Representatives of Whitfield County Georgia, to introduce in the General Assembly of Georgia which convenes in January, 1962, a bill amending an Act approved July 27, 1929, creating the office of commissioner of roads and revenue of the County of Whitfield, and acts amendatory thereof, be amended so as to provide for changes in the method or review of the budget of said county: to provide certain powers of the advisory board; to repeal conflicting laws and for other purposes. This notice is given in compliance with section 2-1915 and 47-801, Georgia Code, Annotated. G. J. (Jack) Boyett State Representative Seat No. 1 Whitfield County Virgil T. Smith State Representative Seat No. 2 Whitfield County Erwin Mitchell State Senator 43rd Senatorial District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. J. Boyett
Page 2645
Virgil T. Smith, who, on oath, deposes and says that they are Representatives from Whitfield County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Dalton Citizen, which is the official organ of said county, on the following dates: Jan. 5, 12, 19, 1962. /s/ G. J. Boyett, Representative, Whitfield County, /s/ Virgil T. Smith, Representative, Whitfield County. Sworn to and subscribed before me, this 24th day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved March 3, 1962. COMPENSATION TO WANDA JONES. No. 115 (House Resolution No. 110-291). A Resolution. To compensate Wanda Jones; and for other purposes Whereas, on the 18th day of September, 1958, R. A. Phillipson, a resident of Dahlonega, Lumpkin County, Georgia, was operating a 1953, 4 door Pontiac sedan owned by Wanda Jones of Dahlonega, Lumpkin County, Georgia, and was traveling in a southerly direction along Georgia Highway 60 and; Whereas, while traveling along said highway at a point approximately eight miles from Dahlonega, Georgia, said R. A. Phillipson was operating the 1953 Pontiac automobile
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upgrade and the grade was also a curve to the top of the grade; and Whereas, when said R. A. Phillipson had traveled around said curve to the top of the grade, he saw a state owned tractor and trailer parked in the same lane in which he was traveling immediately over the crest of said grade and the said tractor and trailer could not be seen when traveling south around the curve and up the curve but could only be first seen from the top or crest of the grade; and Whereas, said R. A. Phillipson could not pass said tractor trailer because of the fact that there was an automobile traveling north on Highway 60 and was passing the tractor trailer parked on said highway and said R. A. Phillipson attempted to stop the movement of the automobile which he was operating by applying the brakes but the distance was so short that he was unable to do so and that the automobile which he was operating, collided with the back of the tractor and trailer and damaged the 1953 Pontiac which he was driving; and Whereas, said tractor and trailer had been parked on State Highway 60 by Homer Lee Beck, who was an employee of the State Highway Department of Georgia and the said Homer Lee Beck was in the performance of his employment when he parked said tractor and trailer; and Whereas, said Homer Lee Beck admitted in the presence of State Troopers of the Department of Public Safety of Georgia, that he had parked said tractor and trailer in the position of which it was in and that he had not set out any flags or signals of any kind or nature to give warning to approaching vehicles of the presence of said tractor and trailer; and Whereas, said accident occurred through no fault or negligence whatsoever on the part of either R. A. Phillipson or Wanda Jones and it is only just and proper that Wanda Jones be compensated therefor.
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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 $221.26 to Wanda Jones to compensate her for the damages to her automobile as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 3, 1962. COMPENSATION TO REVEREND E. K. RICE. No. 116 (House Resolution No. 129-383). A Resolution. To compensate Reverend E. K. Rice; and for other purposes. Whereas, on August 29, 1960 at 8:45 a. m. the Reverend E. K. Rice of Harriman, Tennessee was traveling a few miles from Buena Vista, Georgia on Highway 26 at a legal rate of speed; and Whereas, a large rock was thrown into the air by a grass mower driven by a tractor, and the large rock completely shattered the windshield of Reverend Rice's autobile, and Whereas, the grass mower is owned by the State of Georgia, machine #SHB 2-585, and said mower was being operated by Burrell McKinzie, an employee of the State of Georgia at the time of the accident; and Whereas, the Reverend E. K. Rice sustained damages to his car's windshield in the amount of $83.01 and said Reverend Rice did not have insurance coverage to compensate him for the incurred damages; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby
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authorized and directed to pay to Reverend E. K. Rice of Route #1, Harriman, Tennessee the sum of $83.01 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 March 3, 1962. METROPOLITAN ATLANTA TRANSIT STUDY COMMISSION. No. 117 (House Resolution No. 668-1281). A Resolution. Be it resolved by the General Assembly of Georgia that the Metropolitan Atlanta Transit Study Commission be and is hereby created. Said Commission shall be composed of four members appointed by the Mayor and Board of Aldermen of the City of Atlanta, two members appointed by the governing authority of DeKalb, two members appointed by the governing authority of Fulton County, and one member each by the governing authorities of Clayton, Gwinnett and Cobb Counties. Said Commission shall have authority to receive such funds as will be appropriated to it by any of the governmental bodies herein named, or by the federal government or any agency of the federal government, or by donation or gift from any other public or private source, and to expend same in the employment of engineering, clerical and other technical assistance in a program to determine the need, advisability, economic feasibility and various methods of providing rapid mass transportation of passengers within the areas of said city and counties and the adjoining counties.
Page 2649
Said Commission shall elect its own chairman, adopt its own rules of procedure, render interim reports to the various governments affected and render a complete report of its activities, showing receipts and disbursements to each of the governments involved on or before the opening of the General Assembly of Georgia for the 1963 session. The members of said Commission shall serve without compensation, but may be reimbursed from any funds on hand for actual out-of-pocket expense incurred, after proper authorization and approval of the Commission in regular or called meeting. The governing authority of the City of Atlanta and each of the Counties involved are authorized to make such appropriation to said Commission as in the judgment of said governing authorities is deemed proper. Approved March 3, 1962. COMPENSATION TO HALL AND SONS MILLING COMPANY, INC. No. 118 (House Resolution No. 212-642). A Resolution. To compensate Hall and Sons Milling Company, Inc.; and for other purposes. Whereas, an employee of Hall and Sons Milling Company, Inc. was operating a truck owned by said company on the highway in Cairo, Georgia leading from Cairo to Calvary on or about April 26, 1960; and Whereas, an employee of the State Highway Department, operating a truck of said department in front of the truck of the aforesaid company, made a left turn without signalling at the time the aforesaid company
Page 2650
truck was in the process of overtaking and passing the Highway Department truck causing a collision; and Whereas, the aforesaid company truck was damaged causing a loss to said company, $100.00 of which was not covered by insurance; and Whereas, this loss occurred through no fault on the part of the company or its employee; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to the Hall and Sons Milling Company, Inc. the sum of $100.00 as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 3, 1962. COMPENSATION TO WATKINS C. WHITE. No. 119 (House Resolution No. 270-704). A Resolution. To compensate Watkins C. White of Chatsworth, Georgia; and for other purposes. Whereas, Watkins C. White is a resident of Chatsworth, Georgia; and Whereas, on the 9th day of April, 1960 at approximately 6:45 o'clock a.m., Watkins C. White was walking across Second Avenue where the same intersects the north side of Market Street, said Second Avenue and Market Street being public streets in the City of Chatsworth; and Whereas, while walking across said street that a State Highway truck that was being operated in an eastward
Page 2651
direction on Market Street, said truck being operated by one Glenn Ridley, suddenly, without any warning, made a left turn from Market Street into Second Avenue and struck said Watkins C. White, who was crossing said Second Avenue as aforesaid; and Whereas, the driver of said State Highway truck, Glenn Ridley, stated that he did not see Mr. White because of the fact that the windshield of his truck was frosted; and Whereas, Watkins C. White, because of said impact, received serious injuries including permanent injuries to his right thigh and the right part of his lower back; and Whereas, Watkins C. White, since the date of said accident has not been physically able to work and will not be able to do any work for the remainder of his lifetime, notwithstanding the fact that said Watkins C. White has a life expectancy of twelve years; and Whereas, Watkins C. White has suffered expenses and damages as follows: (a) Murray County Memorial Hospital $ 110.90 (b) Carpenter's Pharmacy 21.63 (c) Willard P. Carson, M.D. 265.00 (d) Loses of wages from April 9, 1960 to March 3, 1961 (47 weeks at $40.00 per week) 1,880.00 (e) Anticipated Dr. Bills 300.00 (f) Anticipated Hospital Bill 600.00 (g) Loss of earnings because of total disability (twelve years life expectancy) 25,000.00 $28,177.53 and Whereas, it is only fit and proper that said Watkins C. White be compensated for his expenses and damages; and
Page 2652
Whereas, said Watkins C. White, in no way contributed to said accident. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department be authorized and directed to pay to Watkins C. White the sum of $322.53 as compensation for the damages and expenses because of the injuries received in the accident as set out in this resolution. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 3, 1962. COMPENSATION TO FRED DIAL. No. 120 (House Resolution No. 287-704). A Resolution. To compensate Fred Dial for damages to his automobile caused by a State Highway Department truck backing into it; and for other purposes. Whereas, on March 30, 1960, Fred Dial had properly parked his automobile in a designated parking area at the State Highway Department maintenance garage, which is located within the corporate limits of Dallas, Georgia; and Whereas, a State Highway Department employee did negligently, without looking to his rear, back a state truck which was being repaired at said garage into the properly parked automobile of Fred Dial; and Whereas, the automobile of Fred Dial was severely damaged, but, however, due to insurance coverage, the actual damage to Fred Dial was only in the amount of fifty ($50.00) dollars; and Whereas, said damage was caused by no negligence on
Page 2653
the part of Fred Dial, but solely due to the negligence of the operator of the State Highway Department truck 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 Fred Dial the sum of fifty ($50.00) dollars as full compensation for damages hereinabove enumerated. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 3, 1962. COMPENSATION TO BERNARD SMITH AND MRS. BLANCHE CARPENTER. No. 121 (House Resolution No. 346-735). A Resolution. Compensating Mr. Bernard Smith and Mrs. Blanche Carpenter; and for other purposes. Whereas, on June 29, 1960 a collision occurred between a State motor vehicle operated by an employee of the Office of the Secretary of State and an automobile owned by Mr. Bernard Smith, 1007 Hill Street, S. E., Atlanta, Georgia, in which Mrs. Blanche Carpenter, 1007 Hill St., S.E., Atlanta, Georgia was riding as a passenger; and Whereas, said collision occurred on Edgewood Avenue in Atlanta, Georgia; and Whereas, said collision damaged the automobile of Mr. Smith in the amount of five hundred twenty-five ($525.00) dollars, and injured Mrs. Blanche Carpenter, a passenger of Smith's vehicle, and as a result of such injuries
Page 2654
Mrs. Carpenter incurred medical expenses in the amount of one hundred eighteen ($118.00) dollars; and Whereas, the collision was caused through no fault of Mr. Smith and Mrs. Carpenter. Now, therefore, be it resolved by the General Assembly of Georgia that the Office of the Secretary of State is hereby authorized and directed to pay the sum of five hundred twenty-five ($525.00) dollars to Mr. Smith and the sum of one hundred eighteen ($118.00) dollars to Mrs. Carpenter as compensation for damages as set out above. Said sum shall be paid from the funds appropriated to and available for the Office of the Secretary of State. Approved March 3, 1962. COMPENSATION TO HENRY A. PENDLEY. No. 122 (House Resolution No. 347-735). A Resolution. Compensating Mr. Henry A. Pendley; and for other purposes. Whereas, on March 6, 1961, a collision occurred between a Department of Public Safety motor vehicle and an automobile owned and operated by Mr. Henry A. Pendley, 1340 North Avenue, N. W., Atlanta, Georgia; and Whereas, said collision occurred at the intersection of Leonard Street, S. W. and Greensferry Avenue, S. W., in Atlanta, Georgia; and Whereas, said collision damaged the automobile of Mr. Pendley in the amount of forty-five dollars and forty cents ($45.40);
Page 2655
Whereas, the collision was caused through no fault of Mr. Pendley. 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 forty-five dollars and forty cents ($45.40) to Mr. Pendley as compensation for damages as set out above. Said sum shall be paid from the funds appropriated to and available for the Department of Public Safety. Approved March 3, 1962. COMPENSATION TO R. P. PACKARD. No. 123 (House Resolution No. 348-735). A Resolution. Compensating Mr. R. P. Packard; and for other purposes. Whereas, on August 16, 1961 a collision occurred between a Department of Public Safety of Georgia motor vehicle and an automobile owned and operated by Mr. R. P. Packard, 245 Camden Road, N.E., Atlanta, Georgia; and Whereas, said collision occurred at the intersection of Highway 45 and Highway 234 between Ft. Gaines and Albany; and Whereas, said collision injured Mr. Packard and caused damages, for medical expenses and pain and suffering, in the amount of one thousand one hundred twenty dollars and forty-five cents ($1120.45); and Whereas, the collision was caused through no fault of Mr. Packard. Now, therefore, be it resolved by the General Assembly
Page 2656
of Georgia that the Department of Public Safety of Georgia is hereby authorized and directed to pay the sum of one thousand one hundred twenty dollars and forty-five cents ($1120.45) to Mr. Packard as compensation for damages set out above. Said sum shall be paid from funds appropriated to and available for the Department of Public Safety in Georgia. Approved March 3, 1962. COMPENSATION TO MRS. JIM POLLARD. No. 124 (House Resolution No. 362-755). A Resolution. Compensating Mrs. Jim Pollard; and for other purposes. Whereas, on August 31, 1961 a collision occurred between a Georgia State Highway motor vehicle and an automobile owned and operated by Jim Pollard, Route #1, Fairburn, Georgia; and Whereas, said collision occurred on Old Georgia Highway No. 74 in Tyrone, Georgia; and Whereas, said collision damaged the automobile of Mr. Pollard in the amount of sixty-seven dollars and ninety-three cents ($67.93); and Whereas, the collision was caused through no fault of Mr. Pollard. 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 sixty-seven dollars and ninety-three cents ($67.93) to Mrs. Jim Pollard 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 3, 1962.
Page 2657
COMPENSATION TO W. O. REED, JR. No. 125 (House Resolution No. 407-832). A Resolution. Compensating Mr. W. O. Reed, Jr.; and for other purposes. Whereas, on March 6, 1961, approximately five miles south of the City of Gainesville, Hall County, Georgia, Michael Terry Jones was operating a 1955 Chevrolet, owned by W. O. Reed, Jr., on U. S. Highway 23, when, in an attempt to turn right the automobile was struck by an automobile driven by Luther S. Polk, a State Trooper, employed by the Department of Public Safety, and said automobile which Trooper Polk was driving was owned by the Department of Public Safety, and Whereas, Trooper Polk struck the right rear side of the automobile owned by W. O. Reed, Jr., and Whereas, said collision was caused by the negligent operation of the employee of the Department of Public Safety, and Whereas, Mr. Reed's automobile was damaged to the extent of $257.80, and Whereas, said damage to the automobile of Mr. Reed 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 $257.80 to Mr. W. O. Reed, Jr., as compensation for damages hereinbefore set out. Said sum shall be paid from the funds appropriated to and available for the Department of Public Safety. Approved March 3, 1962.
Page 2658
COMPENSATION TO J. C. TAYLOR. No. 126 (House Resolution No. 412-852). A Resolution. To compensate J. C. Taylor; and for other purposes. Whereas, at approximately 12:30 o'clock p. m. on Tuesday, June 13, 1961, J. C. Taylor was a passenger in a 1953 Plymouth automobile owned and operated by his uncle, John Lewis Taylor, which automobile was traveling in a southerly direction on Georgia Highway No. 107 approximately 4.4 miles south of Cedar Crossing, Georgia; and Whereas, a Georgia State Highway Department dump truck was also headed in a southerly direction along the same highway, and its driver lost control of said truck and overtook and collided with the rear of the automobile in which J. C. Taylor was a passenger, causing injury and damage to J. C. Taylor as hereinafter set out; and Whereas, J. C. Taylor was severely injured as a result of the above collision, having suffered multiple injuries including contractures of his left shoulder joint; and Whereas, he has sustained hospital and doctor bills in the amount of $319.50; and Whereas, due to said contractures of his left shoulder joint he will permanently have a fifty per cent (50%) impairment of the lateral motion of his left arm; and Whereas, J. C. Taylor, whose age at the time of the injury was but nine years, will be permanently crippled, and will have a permanent disability for the remainder of his natural life, and by reason thereof will sustain a diminution of his future earning capacity in the amount of $9,500.00 for the average expectancy of life for a person of his age; and
Page 2659
Whereas, said accident and damage occurred through no fault or negligence whatsoever on the part of J. C. Taylor and it is only just and proper that he be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Viola Taylor, the Natural Guardian of J. C. Taylor, for the use and benefit of J. C. Taylor the sum of $3,319.50 as compensation, as set out above; said sum to be paid out of the funds appropriated to or available to said department. Approved March 3, 1962. COMPENSATION TO JOHN LEWIS TAYLOR AND AMY TAYLOR. No. 127 (House Resolution No. 413-852). A Resolution. To compensate John Lewis Taylor and Amy Taylor; and for other purposes. Whereas, at approximately 12:30 o'clock p.m. on Tuesday, June 13, 1961, John Lawis Taylor was the owner of a 1953 Plymouth automobile at the time being operated by him, and in which his wife, Amy Taylor, was a passenger, which automobile was traveling in a southerly direction on Georgia Highway No. 107 approximately 4.4 miles south of Cedar Crossing, Georgia; and Whereas, a Georgia State Highway Department dump truck was also headed in a southerly direction along the same highway, and its driver lost control of said truck and overtook and collided with the rear of the automobile of John Lewis Taylor, causing injury and damage to John Lewis Taylor and Amy Taylor as hereinafter set out; and
Page 2660
Whereas, Amy Taylor was injured as a result of the above collision, having suffered lacerations of the leg; and Whereas, she has sustained doctors bills in the amount of $34.00; and Whereas, said automobile was totally demolished by said collision to the damage of John Lewis Taylor in the sum of $275.00, being the value of said automobile prior to the collision, and also he incurred a $20.00 wrecker bill, there being no insurance in effect on said automobile paying any part thereof; and Whereas, Amy Taylor had a loss of wages in the sum of $100.00 for five (5) weeks loss of time; and Whereas, said accident and damage occurred through no fault or negligence whatsoever on the part of John Lewis Taylor or Amy Taylor and it is only just and proper that they be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to John Lewis Taylor, the sum of $295.00, and to Amy Taylor the sum of $34.00 as compensation, as set out above; said sums to be paid out of the funds appropriated to or available to said department. Approved March 3, 1962.
Page 2661
COMPENSATION TO TOMMY LEE TAYLOR. No. 128 (House Resolution No. 414-852). A Resolution. To compensate Tommy Lee Taylor; and for other purposes. Whereas, at approximately 12:30 o'clock p.m. on Tuesday, June 13, 1961, Tommy Lee Taylor was a passenger in a 1953 Plymouth automobile owned and operated by his uncle, John Lewis Taylor, which automobile was traveling in a southerly direction on Georgia Highway No. 107 approximately 4.4 miles south of Cedar Crossing, Georgia; and Whereas, a Georgia State Highway Department dump truck was also headed in a southerly direction along the same highway, and its driver lost control of said truck and overtook and collided with the rear of the automobile in which Tommy Lee Taylor was a passenger, causing injury and damage to Tommy Lee Taylor as hereinafter set out; and Whereas, Tommy Lee Taylor was severely injured as a result of the above collision, having suffered a comminuted compound fracture of his right leg; and Whereas, he has sustained hospital and doctors bills in the amount of $974.45; and Whereas, due to said comminuted compound fracture his right leg is, and will permanently be, considerably shorter than his left leg thus causing a decided limp and probably other future complications; and Whereas, Tommy Lee Taylor, whose age at the time of injury was but nine years, will be permanently crippled, and will have a permanent disability for the remainder of his natural life, and by reason thereof will sustain a diminution of his future earning capacity in the amount
Page 2662
of $17,500.00, for the average expectancy of life for a person of his age; and Whereas, said accident and damage occurred through no fault or negligence whatsoever on the part of Tommy Lee Taylor and it is only just and proper that he be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Annie Mae Taylor, the natural Guardian of Tommy Lee Taylor, for the use and benefit of Tommy Lee Taylor the sum of $6,974.45 as compensation, as set out above; said sum to be paid out of the funds appropriated to or available to said department. Approved March 3, 1962. COMPENSATION TO DR. BEN INGRAM. No. 129 (House Resolution No. 333-727). A Resolution. To compensate Dr. Ben Ingram; and for other purposes. Whereas, on March 11, 1961 a collision occurred between a Georgia Department of Public Safety motor vehicle and a travel trailer owned by Dr. Ingram, and being towed by an automobile owned and operated by Dr. Ingram whose address is Darlington Highway, Hartsville, S. C.; and Whereas, said collision occurred at the intersection of Highway U. S. #41 and old Barnesville Road in Milner, Lamar County, Georgia; and Whereas, said collision damaged the travel trailer of
Page 2663
Dr. Ingram in the amount of four hundred eighty-three dollars and fifty-eight cents ($483.58); and Whereas, the collision was caused through no fault of Dr. Ingram. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Public Safety is hereby authorized and directed to pay the sum of four hundred eighty-three dollars and fifty-eight cents ($483.58) to Dr. Ben Ingram, 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 Public Safety. Approved March 3, 1962. COMPENSATION TO WISE C. GUNNELS. No. 131 (House Resolution No. 468-927). A Resolution. To compensate Mr. Wise C. Gunnels; and for other purposes. Whereas, on February 20, 1960, at approximately 6:15 o'clock p.m., Mr. Wise C. Gunnels was operating his automobile on Georgia route #26, approximately ten miles west of Buena Vista, Georgia in Marion County; and Whereas, as he approached a truck belonging to the Georgia Forestry Commission, and being operated by an employee of the commission, which truck was coming in the opposite direction, said truck made a sudden left turn in front of Mr. Gunnels causing his automobile to strike the left rear body of the truck; and Whereas, the automobile belonging to Mr. Gunnels was damaged in the amount of $283.53, which damage and expense was caused through no fault or negligence whatsoever
Page 2664
on the part of Mr. Gunnels, and it is only just and proper that he be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Forestry Commission is hereby authorized and directed to pay to Mr. Wise C. Gunnels the sum of $283.53 as compensation as set out above. Said sum shall be paid out of the funds appropriated to and available to said department. Approved March 3, 1962. COMPENSATION TO GRADY HAGGARD. No. 132 (House Resolution No. 480-950). A Resolution. To compensate Grady Haggard; and for other purposes. Whereas, on May 17, 1961, a dump truck loaded with crushed rock or gravel was being operated along highway No. 98 known as the Commerce and Maysville Road in a northwest direction approximately 3.2 miles from Commerce, Georgia. Said truck was being operated by one Chevis Worley and said truck was owned by the State Highway Department; and Whereas, on May 17, 1961, Grady Haggard was operating his 1959 Ford in a southeasterly direction along the above stated road or highway and as the truck being operated by Chevis Worley and the automobile being operated by Grady Haggard approached each other, said Grady Haggard notice that the crushed rock or gravel was falling from said truck and that said Grady Haggard exercised every precaution to the extent of driving his automobile onto the side of the road and stopping the same but notwithstanding these facts, as the dump truck being operated by Chevis Worley and owned by the State Highway Department passed the 1959 Ford automobile
Page 2665
being operated by Grady Haggard, the falling gravel or crushed rock fell upon said automobile of Grady Haggard and broke the windshield thereof causing the same to be shattered and broken to the extent that said windshield had to be replaced; and Whereas, the cost of the windshield and the labor for replacing same amounted to $92.66; and Whereas, said dump truck owned by said State Highway Department and operated by Chevis Worley was overloaded with gravel or crushed rock and said gravel and crushed rock were not covered in any manner whatsoever; and Whereas, the damages to the automobile owned by Grady Haggard and said accident occurred through no fault or negligence whatsoever on the part of said Grady Haggard and it is only just and proper that he be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Grady Haggard the sum of $92.66 as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 3, 1962. COMPENSATION TO E. CLYDE PERKINS. No. 133 (House Bill No. 511-985). A Resolution. To compensate E. Clyde Perkins; and for other purposes. Whereas, on June 6, 1959, E. Clyde Perkins was operating a 1952 Ford automobile owned by said E. Clyde Perkins north along U. S. Highway No. 41 in Bartow County, Georgia; and
Page 2666
Whereas, at the intersection of U. S. Highway No. 41 and U. S. Highway No. 411, said E. Clyde Perkins brought his automobile to a full stop in the northbound lane, to wait for the southbound traffic to pass, after giving proper signal to make a left turn; and Whereas, while waiting in said lane for the southbound traffic to pass, a three-quarter ton cargo truck of the 48th National Guard Division, operated by a sergeant of said National Guard Division, crashed into the rear of the automobile being operated and owned by said E. Clyde Perkins; and Whereas, said collision damaged the trunk area, rear fender and gas cap cover of said automobile owned by E. C. Perkins and the cost of repairing said damage was $88.48; and Whereas, the accident as herein described occurred through no fault or negligence whatsoever on the part of Mr. Perkins, 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 Department of Defense of the State of Georgia is hereby authorized and directed to pay to E. Clyde Perkins the sum of $88.48 as compensation for the damages hereinbefore enumerated. Said sum shall be paid from funds appropriated to or available to said department. Approved March 3, 1962.
Page 2667
COMPENSATION TO MRS. MARY W. SCREWS. No. 134 (House Resolution No. 514-989). A Resolution. To compensate Mrs. Mary W. Screws, of Chester, Georgia; and for other purposes. Whereas, at approximately 4:00 p.m. on October 31, 1961 a collision occurred between a State Highway Department motor vehicle and a vehicle owned and operated by Mrs. Mary W. Screws, Box 162, Chester, Georgia; and Whereas, said collision occurred on East Jackson Street, Dublin, Georgia; and Whereas, as a result of said collision Mrs. Screws incurred both medical expenses and expenses for repairs of her automobile in the amount of $113.74; and Whereas, the collision was caused through no fault of Mrs. Screws. 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 $113.74 to Mrs. Mary W. Screws as compensation of damages as set out above. Said sum shall be paid from funds appropriated to and available to the State Highway Department. Approved March 3, 1962.
Page 2668
COMPENSATION TO ERNEST PAUL RUNDLES. No. 137 (House Resolution No. 94-269). A Resolution. Compensating Ernest Paul Rundles; and for other purposes. Whereas, on or about May 2, 1960, an automobile owned and operated by Ernest Paul Rundles was damaged in a collision with a motor vehicle belonging to the State Highway Department; and Whereas, said collision was caused when the brakes of the motor vehicle belonging to the State Highway Department failed, thus causing said vehicle to roll back into Mr. Rundles' automobile; and Whereas, said collision damaged the front end of Mr. Rundles' automobile in the amount of $157.40; and Whereas, said collision occurred through no fault of Mr. Rundles. 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 $157.40 to Mr. Ernest Paul Rundles 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 3, 1962.
Page 2669
COMPENSATION TO JOHN RUSSELL ALLISON. No. 138 (House Resolution No. 567-1101). A Resolution. Compensating John Russell Allison; and for other purposes. Whereas, on May 26, 1960 a collision occurred between a Georgia State Highway Department motor vehicle and an automobile owned and operated by John Russell Allison, 206 Shelby Street, Ft. Oglethorpe, Georgia; and Whereas, said collision occurred on U. S. Highway No. 27 and Ga. Highway No. 1, approximately 6.7 miles north of LaFayette, Georgia; and Whereas, said collision damaged the automobile of Mr. Allison in the amount of $200.00; and Whereas, as a result of said collision, Mr. Allison was out of work for one day, losing one day's pay in the amount of $20.24; and Whereas, the collision was caused through no fault of Mr. Allison. 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 $150.00 to John Russell Allison as compensation for damages as set out above. Said sum shall be paid from the funds appropriated to and available to the State Highway Department. Approved March 3, 1962.
Page 2670
LAW BOOKS TO LAMAR COUNTY. No. 139 (House Resolution No. 643-1213). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Lamar County; and for other purposes. Whereas, certain volumes of the Georgia Laws, the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports are missing from the office of the Ordinary of Lamar County; and Whereas, such books are necessary for the Ordinary to transact the business of the court and that of the County and the State; Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the Ordinary of Lamar County, two copies of the following volumes of the Georgia Laws, to-wit: 1918, 1928, 1929, 1930, 1932, 1934, 1936, 1938, 1940, 1942, 1948, 1954; and two copies of the following volumes of the Georgia Reports to -wit; Book 23, 26, 29, of the Georgia Appeals Reports, to-wit; 7, 9, 10, 12, 14, 44, 60, 76, 92, 116, 126, 133, 148, 154, 157, 158, 165, 183, 186, 189, 191, 212; and two copies of the following volumes of the Georgia Appeals Reports, to-wit; 7, 9, 10, 12, 14, 15, 16, 23, 29, 30, 31, 42. 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 3, 1962.
Page 2671
MONROE COUNTYCLERICAL HELP FOR TAX COMMISSIONER. No. 772 (House Bill No. 916). An Act to amend an Act creating the office of tax commissioner of Monroe County, approved August 28, 1931 (Ga. L. 1931, p. 538), as amended, so as to provide for the payment from the treasury of Monroe County of compensation for clerical help in the office of tax commissioner of Monroe 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 Monroe County, approved August 28, 1931 (Ga. L. 1931, p. 538), as amended, is hereby amended by inserting between section 6 and section 7 a new section to be known as section 6 (a), and to read as follows: 6 (a). Be it enacted by the authority aforesaid that compensation not to exceed twelve hundred ($1200.00) dollars per annum for clerical help in the office of the tax commissioner shall be paid from the treasury of Monroe County. Section 2. 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 local legislation to provide for the payment from the treasury of Monroe County of compensation for clerical help in the office of the tax commissioner of Monroe County, Georgia. Mrs. Archer P. Maynard Tax Commissioner, Monroe County
Page 2672
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. 4, 11, 18, 1962. /s/ Harold Clarke Representative, Monroe County Sworn to and subscribed before me, this 24th day of January, 1962. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved March 3, 1962. CITY OF ATHENSAUTHORITY TO CLOSE STREETS. No. 773 (House Bill No. 938). 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, so as to authorize the mayor and council of the City of Athens to close all or any part of any public street located within the corporate limits of the City of Athens after giving public notice of intent to do so and so as to provide that the portions of any street so closed shall revert to the abutting property owners. Be it enacted by the General Assembly of Georgia, and by authority of the same it is hereby enacted as follows:
Page 2673
Section 1. An Act entitled An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, approved August 24, 1872 (Ga. L. 1872, p. 127) is hereby amended so as to authorize and empower the mayor and council of the City of Athens to wholly or partially close and abandon any public street within the corporate limits of the City of Athens; provided, however, that the power and authority herein conferred shall not be exercised unless the mayor and council of the City of Athens shall have first given public notice of intent so to do by publishing a notice in the newspaper in which sheriff's advertisements are published in Clarke County, Georgia, once a week for four weeks immediately preceding the meeting at which such action is taken specifying the street or portion of a street proposed to be closed and abandoned and the time and place of the meeting of the mayor and council of the City of Athens at which such action is proposed to be taken; and provided, further that all of the public right, title and interest in any street wholly or partially closed and abandoned by the mayor and council of the City of Athens pursuant to this Act shall vest in the abutting property owners on each side thereof. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Notice. The public is hereby notified that the undersigned intends to make application to the General Assembly of Georgia at the January 1962 session thereof for the adoption of an amendment to the charter of the mayor and council of the City of Athens to close all or any part of any public street located within the corporate limits of the City of Athens after giving public notice of intent to do so; and so as to provide that the portion of any street so closed shall revert to the abutting property owners. This January 2, 1962. The Mayor and Council of the City of Athens By: Jack R. Wells, Mayor
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Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared E. B. Braswell who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intent to apply for local legislation was published in the Athens Banner-Herald on January 5, January 12 and January 19, 1962. /s/ E. B. Braswell Certified, sworn to and subscribed before me, this 24th day of January, 1962. /s/ James Barrow Notary Public Clarke County, Georgia. (Seal). Approved March 3, 1962. CITY OF ATHENSABSENTEE BALLOTS. No. 774 (House Bill No. 939). An Act to amend an Act entitled An Act to amend an Act entitled, `An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof', approved August 24, 1872, and the several Acts amendatory thereof, so as to provide that the mayor and council of the City of Athens shall have authority to prescribe by ordinance a method for casting absentee ballots by qualified voters of the City of Athens in any primary or general election conducted by or for the mayor and council of the City of Athens, and the conditions under which such absentee ballots may be cast and counted, so as to provide that the mayor and council of the City
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of Athens shall have authority to prescribe by ordinance a method for voting by qualified voters of the City of Athens who are physically incapable of attending the polls in any primary or general election conducted by or for the mayor and council of the City of Athens, and the conditions under which such ballots may be cast and counted. 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 an Act entitled, `An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof', approved August 24, 1872, and the several Acts amendatory thereof, so as to provide that the mayor and council of the City of Athens shall have authority to prescribe by ordinance a method for casting absentee ballots by qualified voters of the City of Athens in any primary or general election conducted by or for the mayor and council of the City of Athens, and the conditions under which such absentee ballots may be cast and counted, approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2386), is hereby amended by adding thereto a new section to be known as section 1A as follows: Section 1A. The mayor and council of the City of Athens shall have the authority to prescribe by ordinance a method of casting ballots by qualified voters of the City of Athens who are physically incapable of coming to the polls in any primary or general election conducted by or for the mayor and council of the City of Athens; and to prescribe the conditions under which such ballots may be cast and counted. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Notice. The public is hereby notified that the undersigned intends to make application to the General Assembly of
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Georgia at the January 1962 session thereof for the passage of an amendment to the charter of the mayor and council of the City of Athens so as to provide that the mayor and council of the City of Athens shall have authority to prescribe by ordinance a method for voting by qualified voters of the City of Athens who are physically incapable of attending the polls in any primary or general election conducted by or for the mayor and council of the City of Athens, and to prescribe the conditions under which such ballots may be cast and counted. This January 2, 1962. The Mayor and Council of the City of Athens By: Jack R. Wells, Mayor Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared E. B. Braswell, who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intent to apply for local legislation was published in the Athens Banner-Herald on January 6, January 12 and January 19, 1962. /s/ E. B. Braswell Certified, sworn to and subscribed before me, this 24th day of January, 1962. /s/ James Barrow Notary Public. Clarke County, Georgia. (Seal). Approved March 3, 1962.
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CITY OF ATHENSCORPORATE LIMITS, WARDS, REFERENDUM. No. 775 (House Bill No. 940). 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 as amended by the Act approved February 26, 1877 and by the Act approved August 17, 1911 and by the Act approved August 16, 1920 and by the Act approved March 7, 1955 so as to redefine the corporate limits of the City of Athens; to amend said Act as amended by the Act approved August 1, 1921 so as to redefine the boundaries of the wards of the City of Athens; to make the effectiveness of this Act dependent upon a referendum; 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 I. 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 by an Act approved February 26, 1877, (Ga. L. 1877, p. 140) and by an Act approved August 17, 1911 (Ga. L. 1911, p. 554) and by an Act approved August 16, 1920 (Ga. L. 1920, p. 727) and by an Act approved March 7, 1955 (Ga. L. 1955, p. 2837) is hereby amended so as to redefine the corporate limits of the City of Athens as follows: Beginning at a point in the center of the Newton Bridge Road where said Road is intersected by the arc of a circle having a radius of two miles and with its center at the center of the University of Georgia Chapel; running from said beginning point southeasterly along the center of the Newton Bridge Road to the center of its intersection with the North By Pass; running thence in an easterly direction along the center of the North By Pass to a point where the same is intersected by the arc of a circle having a radius of one and one-half miles and with its center at the center
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of the University of Georgia Chapel; running thence in a southeasterly, southerly and southwesterly direction along the arc of a circle having a radius of one and one-half miles and with its center at the center of the University of Georgia Chapel to a point where the arc of said circle intersects with the center of the track of the Central of Georgia Railroad; running thence in a southerly direction along the center of the track of the Central of Georgia Railroad to a point on the center of the track of said Railroad which is 200 feet south of the intersection of the center of the track of said Railroad and the center of the Will Hunter Road projected eastwardly; running thence in a northwesterly direction 200 feet southwesterly of and parallel of the center of the Will Hunter Road to a point 200 feet southeasterly of the center of U. S. Highway 441; running thence southwesterly 200 feet southeasterly of and parallel to the center of U. S. Highway 441 to the center of the Middle Oconee River; running thence in a northwesterly direction along the meanderings of the center of the Middle Oconee River to a point 2,500 feet (measured along the meanderings of the center of said River) northwesterly from the center of Mitchell Bridge; running thence in a northerly direction in a straight line to a point on the Tallassee Road which is 400 feet westerly (measured along the Tallassee Road) from the center of the intersection of the Tallassee Road and the Whitehead Road; running thence in a northeasterly direction 400 feet northwesterly of and parallel to the center of the Whitehead Road to U. S. Highway 129; continuing thence in a northwesterly direction parallel to the center line of the Whitehead Road projected northeasterly across U. S. Highway 129 to the center of the Gainesville Midland Railroad Track; running thence southeasterly along the center of the Gainesville Midland Railroad track to a point where the same is intersected by the arc of a circle having a radius of two miles and with its center at the center of the University of Georgia Chapel; running thence in a northeasterly direction along the arc of a circle having a radius of two miles and with its center at the center of the University of Georgia Chapel to the beginning point where the arc of said circle intersects the center of the Newton Bridge Road. Corporate limits.
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The authority and jurisdiction of the mayor and council of the City of Athens shall be applicable to all of the area included within the corporate limits above described. Section 2. 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 by an Act approved August 1, 1921 (Ga. L. 1921, p. 659) is hereby amended so as to define the boundaries of the five wards into which the area of the City of Athens is sub-divided as follows: First Ward. Beginning at a point where the center of U. S. Highway 441 intersects with the corporate limits described in section 1 of this Act and running thence in a southerly direction along the center of U. S. Highway 441 to a point where the same is intersected by a projection north of the center of Thomas Street; running thence in a southerly direction along the projection north of the center of Thomas Street and along the center of Thomas Street to the center of the intersection of Thomas Street, Broad Street and Oconee Street; running thence in a southeasterly direction along the center of Oconee Street to the center of its intersection with the track of the Central of Georgia Railroad; running thence in a southerly direction along the center of the track of the Central of Georgia Railroad to its intersection with the corporate limits described in section 1 of this Act; and running thence in a northeasterly, northerly and northwesterly direction along the corporate limits described in section 1 of this Act to the point of beginning at the intersection thereof with the center of U. S. Highway 441. Second Ward. Beginning at the center of the intersection of the track of the Southern Railroad with the track of the Seaboard Airline Railroad; running thence in a southerly direction along the center of the track of the Southern Railroad to a point due west of the Northern extremity of Lumpkin Street; running thence due east to the center of the northern extremity of Lumpkin Street; running thence in a southerly direction along the center of Lumpkin Street to the center of its intersection with Milledge
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Circle; running thence in a southwesterly direction along the center of Milledge Circle to the center of its intersection with Bobbin Mill Creek; thence running in a southwesterly direction along the center of Bobbin Mill Creek to its intersection with the corporate limits of the City of Athens described in section 1 of this Act at the point where Bobbin Mill Creek flows into the Middle Oconee River; running thence in a southeasterly direction and then in a northerly direction along the corporate limits of the City of Athens described in section 1 of this Act to a point where the same diverge from the center line of the track of the Central of Georgia Railroad; running thence in a northerly direction along the center line of the track of the Central of Georgia Railroad to the center of its intersection with Oconee Street; running thence in a northwesterly direction along the center of Oconee Street to the center of its intersection with Thomas Street; running thence in a northerly direction along the center of Thomas Street to its northern extremity; running thence in a northerly direction along the projection northerly of the center of Thomas Street to the center of the track of the Seaboard Airline Railroad; running thence in a westerly direction along the center of the track of the Seaboard Airline Railroad to the beginning point at the center of the intersection of the track of the Seaboard Airline Railroad with the track of the Southern Railroad. Third Ward. Beginning at the center of the intersection of Hancock Avenue and Lumpkin Street and running thence in a southwesterly direction along the center of Lumpkin Street to the center of its intersection with Milledge Circle; running thence in a southwesterly direction along the center of Milledge Circle to the center of its intersection with Bobbin Mill Creek; running thence in a southwesterly direction along the center of Bobbin Mill Creek to its intersection with the corporate limits described in section 1 of this Act at the point where Bobbin Mill Creek empties into the Middle Oconee River; continuing thence in a northwesterly direction along the corporate limits of the City of Athens described in section 1 of this Act to the center of their intersection with U. S. Highway 29; continuing thence in an easterly direction along the center of U. S. Highway 29 and
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the center of Broad Street to the center of its intersection with Hancock Avenue; running thence easterly along the center of Hancock Avenue to the beginning point at the center of the intersection of Hancock Avenue and Lumpkin Street. Fourth Ward. Beginning at the westernmost point where the center of the track of the Seaboard Airline Railroad intersects with the corporate limits of the City of Athens described in section 1 of this Act; running thence in a northeasterly direction along the center of the track of the Seaboard Airline Railroad to the center of its intersection with U. S. Highway 129; running thence in a southeasterly direction along the center of U. S. Highway 129 and along the center of Prince Avenue to the center of its intersection with Milledge Avenue; running thence southerly along Milledge Avenue to the center of its intersection with Hancock Avenue; running thence in an easterly direction along the center of Hancock Avenue to the center of its intersection with Lumpkin Street; running thence in a northerly direction along the center of Lumpkin Street to the nothern extremity thereof; running thence due west to the center of the track of the Southern Railroad; running thence in a northerly direction along the center of the track of the Southern Railroad to its intersection with the center of the track of the Seaboard Airline Railroad; running thence in an easterly direction along the center of the track of the Seaboard Airline Railroad to its intersection with the projection northerly of the center of Thomas Street; running thence in a northerly direction along the projection northerly of the center of Thomas Street to its intersection with the center of U. S. Highway 441; running thence in a northerly direction along the center of U. S. Highway 441 to its intersection with the corporate limits described in section 1 of this Act; running thence in a westerly and then in a southerly direction along the corporate limits of the City of Athens described in section 1 of this Act to the beginning point at the westernmost intersection of said corporate limits and the center of the track of the Seaboard Airline Railroad. Fifth Ward. Beginning at the center of the intersection
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of Milledge Avenue and Prince Avenue; running thence in a northwesterly direction along the center of Prince Avenue and along the center of U. S. Highway 129 to the center of its intersection with the track of the Seaboard Airline Railroad; running thence in a southwesterly direction along the center of the track of the Seaboard Airline Railroad to its intersection with the corporate limits of the City of Athens described in section 1 of this Act; running thence in a southerly direction and then in a southeasterly direction along the corporate limits of the City of Athens described in section 1 of this Act to the center of the intersection of said corporate limits and U. S. Highway 29; running thence in an easterly direction along the center of U. S. Highway 29 and along the center of Broad Street to the center of its intersection with Hancock Avenue; running thence in an easterly direction along the center of Hancock Avenue to the center of its intersection with Milledge Avenue; running thence in a northerly direction along the center of Milledge Avenue to the beginning point at the center of the intersection of Milledge Avenue and Prince Avenue. Each of said wards shall be entitled to two aldermen who shall be members of the city council of the City of Athens; and the aldermen for the presently constituted wards in the presently existing corporate limits of the City of Athens holding office or taking office on January 1, 1963 shall represent the wards herein created for the remainder of their terms of office. Their successors shall be elected in accordance with the provisions of law now existing with respect to the election of aldermen for the City of Athens. Section 3. Not less than thirty and not more than sixty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of Athens to issue a call for an election for the purpose of submitting this Act for approval or rejection by the persons residing in the area added to the existing corporate limits of the City of Athens by the provisions of section 1 of this Act. The mayor and council of the City of Athens shall set the date for such election on a day not less than thirty or not more than sixty days after the issuance of such call. The
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mayor and council of the City of Athens shall cause the date and purpose of said election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Clarke County. Such election may be held at one or more polling places within the presently existing corporate limits of the City of Athens as may be prescribed by the mayor and council of the City of Athens. Persons entitled to vote in said election shall be those persons registered to vote for state, county and federal offices in the registration book kept by the board of registrars of Clarke County who are residents of the area added by the provisions of section 1 of this Act to the presently existing corporate limits of the City of Athens at the time of the approval of this Act by the Governor, or at the time it otherwise becomes law. It shall be the duty of the city registrar to prepare a voter's list of those eligible to vote in said election and to furnish the same to the managers thereof. Except as herein provided, said election shall be held in accordance with the provisions of law applicable to elections for mayor and aldermen for the City of Athens. The ballot employed in said election shall have printed thereon the words: For approval of the Act extending the corporate limits and altering the ward limits of the City of Athens Against approval of the Act extending the corporate limits and altering the ward limits of the City of Athens All persons desiring to vote in favor of this Act shall vote for approval, and all persons desiring to vote against this Act shall vote against approval. If a majority of the votes cast in such election are for approval of this Act, then it shall become of full force and effect on January 1, 1963. If less than a majority of the votes cast in such election are for approval of this Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the mayor and council of the City of Athens. It shall be the duty of the mayor and council of the City of Athens to canvass the returns from the managers of said election and spread the same on the minutes of the mayor and council of the City of Athens; and it shall
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be the duty of the mayor of the City of Athens to certify the results of the election to the Secretary of the State of Georgia. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. The public is hereby notified that the undersigned intends to make application to the General Assembly of Georgia at the January 1962 Session thereof for the adoption of an Amendment to the charter of the mayor and council of the City of Athens so as to bring additional area within the corporate limits of the City of Athens; so as to redefine the boundaries of the wards of the City of Athens; and so as to make the effectiveness of said charter amendment dependent upon its approval in a referendum by the voters living in the area proposed to be brought within the corporate limits of the City of Athens. This January 2, 1962. The Mayor and Council of the City of Athens By: Jack R. Wells, Mayor Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared E. B. Braswell, who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intent to apply for local legislation was published in the Athens Banner-Herald on January 5, January 12 and January 19, 1962. /s/ E. B. Braswell
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Certified, sworn to and subscribed before me, this 24th day of January, 1962. /s/ James Barrow Notary Public. Clarke County, Georgia. (Seal). Approved March 3, 1962. LINCOLN COUNTYCOMMISSIONERS OF ROADS AND REVENUES. No. 776 (House Bill No. 952). An Act to amend an Act creating a board of commissioners of roads and revenues for Lincoln County, approved Februray 25, 1949 (Ga. L. 1949, p. 228), as amended by an Act approved February 19, 1953. (Ga. L. 1953, Jan.-Feb. Sess., p. 2483), an Act approved March 9, 1959 (Ga. L. 1959, p. 2248), so as to change the compensation of the chairman of the Board; to change the compensation of the members of the board; to remove the limits on the number of meetings to be held each month; to change the compensation of the clerk of said board; to change the retainer of the county attorney; to provide that meetings may be held at any place in the courthouse of Lincoln County; to provide that all bills, evidences of bills and vouchers of bills may be destroyed after four years from date of an official county audit of the bills, evidences of bills and vouchers of bills; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Lincoln County, approved February 25, 1949 (Ga. L. 1949, p. 228), as amended by an Act approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2483), an Act approved March 9, 1959 (Ga. L. 1959, p. 2248), is hereby amended by striking from section 3 the
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words and figures two hundred seventy-five ($275.00) dollars per month, and inserting in lieu thereof the words and figures four thousand two hundred ($4,200.00) dollars per year, payable monthly, so that when so amended said section shall read as follows: Section 3. The chairman of the board shall receive a salary from the general funds of said county in the sum of four thousand two hundred ($4,200.00) dollars per year, payable monthly. Said chairman shall be the road superintendent of said county and it shall be his responsibility to supervise all road work and see that all orders of the board are put into effect. Said chairman shall, during his term of office, devote his full time to said position. Chairman. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof the following: Section 4. The remaining two members of said board shall be paid fifty... ($50.00) dollars per month. There shall be no limitation as to the number of meetings which are held each month. Members. Section 3. Said Act is further amended by striking from section 5 the figure $75.00 where it appears in section 5 and inserting in lieu thereof the figure $125.00, so that when so amended said section shall read as follows: Section 5. That the Ordinary of said county shall act as clerk of said board, shall be paid a salary of $125.00 per month out of the general funds of said county, and shall be required to give a surety bond in the sum of $5,000.00, the premium of which shall be paid by the county for the faithful performance of his duties as clerk of said board. In case the Ordinary refuses or declines to act as clerk to the board, then in this event the board of commissioners shall have the power and authority to elect a clerk and his duties shall be the same as those prescribed herein. In case the Ordinary does not serve as clerk of said board, then and in that event the board may terminate
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the services of a clerk so elected and select his successor at any time. This provision, however, would not apply to the Ordinary acting as clerk. Clerk. Section 4. Said Act is further amended by striking from section 6 the figure $100.00, and inserting in lieu thereof the figure $600.00, so that when so amended said section shall read as follows: Section 6. That said board shall be authorized to hire an attorney for the same, whose compensation shall be fixed by a majority vote of said board, not to exceed $600.00 per year retainer fee. Attorney. Section 5. Said Act is further amended by striking from the first sentence of section 14 the words in the office of the Ordinary, if he (be) Clerk of the board, or where the clerk of said commissioners shall keep a regular office., so that when so amended said section shall read as follows: Section 14. Be it further enacted by the authority aforesaid that said commissioners shall hold at least one session on the first Tuesday in each month at the county site in the county courthouse. At and on the first Tuesday, May 1949, or as soon thereafter as practical, the board of commissioners shall organize by electing one of the members as vice-chairman. The vice-chairman shall, in the absence or disqualification of the chairman or during the vacancy in the office of chairman, perform and discharge all the duties of chairman; and in the event of a vacancy in the office of chairman or vice-chairman, the same shall be filled by the board at its regular meeting. The chairman shall be the chief executive of the board. He shall see that all orders, resolutions and rules of said board are faithfully filled and impartially executed and enforced, and that all officers, employees and agents of said board faithfully discharge the duties required of them. He shall have the general supervision of the affairs of the county, acting under orders of the board, and shall have the power to convene the board in extra session upon his own motion or upon the written request of the other members of the
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board, and shall do so whenever the other two members make such request. Meetings. Section 6. Said Act is further amended by adding at the end of section 17 the following paragraph: The board of commissioners of roads and revenues shall have the power to compel the destruction of all bills, evidences of bills, and vouchers of bills at the end of a fouryear period, measured from the date of an official county audit of the bills, evidences of bills, and vouchers of bills. Powers. Section 7. All laws and parts of laws in conflict with this Act are herey repealed. Notice of Intention to Apply for the Passage of Local Legislation. Notice is hereby given that application will be made at the January, 1962 session of the General Assembly of Georgia for the passage of a bill to amend an Act creating a board of commissioners of roads and revenues for Lincoln County, approved February 25, 1949 (Ga. L. 1949, p. 1228), as amended by an Act approved February 19, 1953 (Ga. L. 1953 Jan.-Feb. Sess., p. 2483), and as amended by an Act approved March 9, 1959 (Ga. L. 1959, p. 2248), as the same relates to the place of holding meetings by said board; and also as to compensation for the members and chairman of said board; the clerk of said board, and the county attorney; and to further provide that all bills, evidences of bills, and vouchers for bills may be destroyed after four (4) years from the date of an official county audit of the bills, evidences of bills, and vouchers for bills. This January 1, 1962. Ben B. Ross, Representative Lincoln County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben B. Ross, who,
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on oath, deposes and says that he is Representative from Lincoln County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal, which is the official organ of said county, on the following dates: January 4, 11, 18, 1962. /s/ Ben B. Ross Representative, Lincoln County Sworn to and subscribed before me, this 29th day of January, 1962. /s/ Janette Hirsch Notary Public. (Seal). Approved March 3, 1962. DADE COUNTYCLERICAL HELP FOR TAX COMMISSIONER. No. 777 (House Bill No. 954). An Act to amend an Act abolishing the office of tax collector and tax receiver of Dade County and creating the office of tax commissioner of Dade County, approved March 7, 1935 (Ga. L. 1935, pp. 617-619), as amended, so as to provide additional funds for paying clerical employees of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the office of tax collector and tax receiver of Dade County and creating the office of tax commissioner of Dade County, approved March 7, 1935 (Ga. L. 1935, pp. 617-619), as amended, is hereby amended by striking from section 5 the words and figures seven hundred and fifty dollars ($750.00) and inserting in lieu thereof the words and figures eighteen hundred ($1800.00)
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dollars, so that when so amended, section 5 shall read as follows: Section 5. Be it further enacted by the authority aforesaid, that said Dade County tax commissioner shall receive and be paid, as full compensation for any and all the duties performed by him as receiver and collector of county, school district, and any and all other taxes except State, professional, poll, and special taxes, a fixed salary of $2,700.00 per annum, to be paid in monthly installments of $225.00 each. The tax commissioner is authorized to employ any clerical personnel to aid him in the performance of the duties of his office as in his discretion he may deem necessary and proper, and said clerical personnel shall be paid by said tax commissioner from a fund of eighteen hundred ($1800.00) dollars to be furnished each year by the County of Dade to said commissioner for the exclusive purpose of paying said clerical help. The said tax commissioner shall be entitled to the commissions now allowed tax collectors on all State, professional, poll, and special taxes collected by him. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that at the January 1962 session of the General Assembly of Georgia, a bill will be introduced to provide for additional funds for paying clerical employees of the tax commissioner of Dade County; to repeal conflicting laws, and for other purposes. This 8th day of January, 1962. /s/ Maddox J. Hale, Representative. 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
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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: Jan. 11, 18 25, 1962. /s/ Maddox J. Hale, Representative, Dade County Sworn to and subscribed before me, this 29th day of January, 1962. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large My Commission, expires March 17, 1964. (Seal). Approved March 3, 1962. SUMTER COUNTYSALARY OF CLERK OF SUPERIOR COURT. No. 779 (House Bill No. 967). An Act to amend an Act entitled An Act to change from the fee system to the salary system in the County of Sumter, the clerk of the superior and the clerk of the city courts thereof; to make provisions to carry out such change; to regulate the collection and the disposition of costs; to provide for the deputies and clerks for such offices; to provide for the payment of salaries for such deputies and clerks; to provide for the necessary office space, supplies, equipment for the maintenance of such offices; to provide for the effective date of this change from a fee system to a salary system; to repeal conflicting laws; and for other purposes., approved February 14, 1957 (Ga. L. 1957, p. 2095), so as to change the compensation of the clerk of the Superior Court of Sumter County, Georgia and of the clerk of the City Court
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of Americus, Sumter County, Georgia; 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 change from the fee system to the salary system in the County of Sumter, the clerk of the superior and the clerk of the city courts thereof; to make provisions to carry out such change; to regulate the collection and the disposition of costs; to provide for the deputies and clerks for such offices; to provide for the payment of salaries for such deputies and clerks; to provide for the necessary office space, supplies, equipment for the maintenance of such offices; to provide for the effective date of this change from a fee system to a salary system; to repeal conflicting laws; and for other purposes., approved February 14, 1957 (Ga. L. 1957, p. 2095), is hereby amended by striking from section 2 the words and figures fourteen thousand ($14,000.00) dollars and inserting in lieu thereof the words and figures fifteen thousand ($15,000.00) dollars so that when so amended said section shall read as follows: Section 2. The clerk of the courts enumerated in section 1 hereof shall be paid an annual salary of fifteen thousand ($15,000.00) dollars and which salary shall be payable in monthly installments from the funds of Sumter County, Georgia by the person or persons charged by law with the responsibility of paying out funds of said county. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Sumter. 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
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are published, on the dates of January 12, 19, and 26, 1962. /s/ James R. Blair Sworn to and subscribed before me, this January 27, 1962. /s/ Ann W. Sheffield Notary Public, Sumter County, Georgia. My Commission expires November 8, 1962. (Seal). Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia, a bill to change the compensation of the clerk of the court; and for other purposes. Thad M. Jones Hiram K. Undercofler Approved March 3, 1962. CITY OF THOMASTONCORPORATE LIMITS. No. 780 (House Bill No. 968). An Act to amend an Act creating a new charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, pp. 1070 et seq.), as amended, to change and extend the present corporate limits of said city and to describe new territory to become a part of the City of Thomaston, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Act of the General Assembly of Georgia, approved March 15, 1933 (Ga. L. 1933, pp. 1070 et
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seq.) entitled An Act to amend, consolidate and supersede the several Acts incorporating the City of Thomaston in the County of Upson, State of Georgia, to create a new charter and municipal government of said city; to define the corporate limits of said city, etc., as amended, be and the same is hereby amended by adding to section 4 of said Act defining the corporate limits of said city additional paragraphs as a part of said section 4 of said Act, to read as follows: All of a certain tract or parcel of land lying south of and also adjacent to the present corporate limits of the City of Thomaston, in Upson County, Georgia, and more particularly described as follows: Beginning at a point on the east side of the South Center Street branch of State Highway No. 3 where the present corporate limits of said City of Thomaston intersects the east side of the right-of-way of the South Center Street branch of State Highway No. 3 and run thence in a southerly and southeasterly direction along the east right-of-way of State Highway No. 3, and following the curvature of the same, to the westernmost corner of that 10.0057 acres of land known as the Upson County Area Vocational School site (a plat of which 10.0057 acre tract of land is recorded in the office of the clerk of Upson Superior Court in plat record 3 at page 140, which plat is by reference incorporated herein in aid of this description); run thence north 57 degrees 24 minutes east a distance of 300.16 feet; run thence south 35 degrees 21 minutes 47 seconds east a distance of 300.54 feet; run thence south 35 degrees 23 minutes 41 seconds east a distance of 222.43 feet; run thence south 32 degrees 06 minutes 13 seconds east a distance of 183.84 feet; run thence south 33 degrees 04 minutes 22 seconds east a distance of 155.83 feet; run thence north 84 degrees 27 minutes 53 seconds east a distance of 79.51 feet; run thence south 88 degrees 45 minutes 17 seconds east a distance of 434.54 feet; run thence south 1 degree 14 minutes 43 seconds west a distance of 283.68 feet; run thence north 85 degrees 27 minutes 17 seconds west a distance of 279.66 feet; run thence north 85 degrees 12 minutes 58 seconds west a distance of 339.21 feet; run thence north 87 degrees 53 minutes 09 seconds west to the west right-of-way of State Highway
Page 2695
No. 3; running thence in a northwesterly and northerly direction along the west right-of-way of State Highway No. 3, and following the curvature of the same, to the present corporate limits of said City of Thomaston on the south side of Veterans Drive (formerly Madison Street); run thence in an easterly direction along the north side of Veterans Drive to the southwest right-of-way line of the North Church Street branch of State Highway No. 3 as said west right-of-way line existed on August 13, 1953; run thence north 35 degrees 38.6 minutes west 59.55 feet; run thence north 33 degrees 1.2 minutes west 59.55 feet; run thence north 30 degrees 23.9 minutes west 59.55 feet; run thence north 27 degrees 46.6 minutes west 59.55 feet; run thence north 25 degrees 9.2 minutes west 59.55 feet; run thence north 22 degrees 31.9 minutes west 59.55 feet; run thence north 19 degrees 54.6 minutes west 59.55 feet; run thence north 17 degrees 17.2 minutes west 59.55 feet to the original corporate limits of the said City of Thomaston (which original corporate limits of said City of Thomaston extend three-fourths of one mile in every direction from the center of the Upson County courthouse); run thence in an easterly direction along the said original corporate limits of the City of Thomaston to the northeast or east right-of-way of the South Church Street Branch of State Highway No. 3, as said South Church Street branch of State Highway No. 3 existed in August, 1947; run thence south 17 degrees 32 minutes east 64 feet; run thence south 22 degrees 56 minutes east 134 feet; run thence south 28 degrees 22 minutes east 100 feet; run thence south 35 degrees 10 minutes east 192 feet; run thence south 40 degrees 30 minutes east 269 feet to the point of intersection (as said point of intersection existed in August, 1947) of the northeast right-of-way of the South Church Street branch of State Highway No. 3 with the west right-of-way of the South Center Street branch of State Highway No. 3; run thence in a northerly direction along the west right-of-way (As said west right-of-way existed in August, 1947) of the South Center Street branch of State Highway No. 3 to the point of intersection of said west right-of-way (as said right-of-way existed in August, 1947) of the South Center Street branch of State Highway No. 3 with a line extended due
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west from the point of beginning; and run thence due east to the point of beginning. Also, all of a certain tract or parcel of land lying southwest of and also adjacent to the original corporate limits of the City of Thomaston in Upson County, Georgia, and more particularly described as follows: Beginning at a point in the center of the spire on the Upson County courthouse in the City of Thomaston, Upson County, Georgia, and run thence south 32 degrees 10 minutes 07 seconds west a distance of 3923.65 feet to the north corner of the residence of the residence property of Mrs. Doris W. Lamar; run thence south 43 degrees 58 minutes west a distance of 38.60 feet to the original corporate limits of the City of Thomaston, which point is the true point of beginning of the tract herein described; run thence from said true point of beginning south 43 degrees 58 minutes west a distance of 236.40 feet; run thence south 80 degrees 33 minutes east a distance of 305.20 feet; run thence north 42 degrees 37 minutes east a distance of 108.80 feet; run thence north 47 degrees 35 minutes west to a point on the original corporate limits of the City of Thomaston; run thence in a northwesterly direction following the curvature of the original corporate liimts of the City of Thomaston to the aforesaid true point of beginning of the tract herein described. Said tract of land is more fully shown on a plat prepared by Perry Lamar and recorded in the clerk's office, Upson Superior Court, in plat book 3, at page 139, which plat is by reference incorporated herein in aid of this description. Section 2. 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, 1962 session of the General Assembly of Georgia a bill to amend the Act creating a new charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, p. 1070) as amended, so as to change and extend the corporate
Page 2697
limits of said city and for other purposes. This 11th day of December, 1961. /s/ Johnnie L. Caldwell Representative, Upson County, Georgia /s/ Talmage B. Echols Representative, Upson County, Georgia 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 December 14, 1961, December 21, 1961, and December 28, 1961. Thomaston Publishing Company By:/s/ Leon Smith Sworn to and subscribed before me, this 19th day of January, 1962. /s/ Betty H. Huckaby Notary Public, Upson County, Georgia. My Commission expires: August 20, 1965. (Seal). Approved March 3, 1962.
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TOWN OF AVERACHARTER AMENDED. No. 781 (House Bill No. 976). An Act to amend an Act entitled An Act to incorporate the Town of Avera in the County of Jefferson and State of Georgia, to define the limit of same, provide for officers to govern it, prescribe their duties, and for other purposes, approved December 6, 1900 (Ga. L. 1900, p. 207), as amended, particularly by an Act approved August 26, 1905 (Ga. L. 1905, p. 636), so as to provide for a mayor and five (5) councilmen for the Town of Avera in lieu of a board of aldermen; to provide the election for same; to provide for a method of filling vacancies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled an Act to incorporate the Town of Avera in the County of Jefferson and State of Georgia, to define the limit of same, provide for officers to govern it, prescribe their duties, and for other purposes, approved December 6, 1900 (Ga. L. 1900, p. 207), as amended, particularly by an Act approved August 26, 1905 (Ga. L. 1905, p. 636), is hereby amended by striking from said Act section III in its entirety and substituting in lieu thereof a new section III which shall read as follows: Section III. The government of said town shall be vested in a mayor and five (5) councilmen who shall be qualified and be elected as hereinafter provided. Government. Section 2. Said Act is further amended by striking therefrom section IV in its entirety and substituting in lieu thereof a new section IV which shall read as follows: Section IV. On the second Tuesday in December, 1962, and annually thereafter on the same day in each year, an election shall be held in said town for a mayor and five (5) councilmen. At the first election held on the second Tuesday in December, 1962, that all persons seeking the office of mayor shall declare that they are seeking such office and
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such person as may be elected shall hold a term of office for one year; those persons seeking positions as councilmen shall have the following terms of office: Those two (2) candidates having the highest number of votes shall serve for a term of three (3) years; the third and fourth highest candidates shall have a term of two (2) years; and the fifth highest candidate a term of one (1) year. The terms of office for the mayor and councilmen elected thereafter shall be three (3) years. Each candidate for mayor or councilman shall hold his office until his successor is elected and qualified. No one shall vote for or be eligible to hold the office of mayor or councilman of said town who is not qualified to vote for members of the General Assembly of this State, and the certificates of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the office to which they have been elected. Elections, terms, etc. Section 3. Said Act is further amended by striking therefrom the word aldermen wherever it apears in section V of said Act and substituting in lieu thereof the words mayor and councilmen, so that said section V when so amended shall read as follows: Section V. Be it further enacted, That before entering upon the discharge of their duties, the mayor and councilmen shall subscribe to the following oath, which may be administered by any person authorized by the law of this State to administer oaths: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor and councilmen of the Town of Avera, to the best of my ability, so help me God. Oaths. Section 4. Said Act is further amended by striking from section VI thereof the words chairman of the board of aldermen wherever it appears and substituting in lieu thereof the word mayor so that said section when so amended shall read as follows: Section VI. Be it further enacted, That the mayor shall be ex officio justice of the peace, and shall have full authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel
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the attendance of witnesses, to examine them under oath, to admit any offender to bail or commit him to jail for violation of the laws of this State, and admit to bail or commit to guard-house for violation of the ordinances of said town. Mayor's court. Section 5. Said Act is further amended by striking from sections VII and VIII the word aldermen wherever it appears and substituting in lieu thereof the words mayor and councilmen so that sections VII and VIII of said Act when so amended shall read as follows: Section VII. Be it further enacted, That said mayor and councilmen shall have power to levy and collect a tax of not exceeding five tenths of one per cent upon all property, both real and personal, within the corporate limits of said town, they shall also have power to require all persons within said corporate limits of said town who are subject to road duty under the laws of this State to work on the streets of said town, or may prescribe a commutation tax, which may be paid in lieu of work on the streets. Said mayor and councilmen shall further have power to levy and collect a specific or occupation tax on all business occupations, professions, callings or trades exercised within said town, as may be deemed just and proper; to fix a license on all exhibitions, circuses and shows of all kinds, on drays and hacks, hotels, boarding-houses, restaurants, fish stands, butcher shops, livery stables, soda fountains and upon all other kinds or classes of business legitimately coming within the police powers of the town, as may be just and reasonable. Taxes. Section VIII. Be it further enacted, That said mayor and councilmen shall have power and authority to pass all ordinances and by-laws which they may deem necessary for the good government of said town; provided, they be not repugnant to the Constitution and laws of said State and the United States. Ordinances. Section 6. Said Act is further amended by striking therefrom section IX of said Act in its entirety and substituting
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in lieu thereof a new section IX, which shall read as follows: Section IX. Be it further enacted, That the mayor is authorized to try and punish any person charged with violation of any ordinance of said town, and to punish persons found guilty of such violation by fine, not to exceed fifty ($50.00) dollars, or imprisonment, not to exceed thirty (30) days, and if said mayor be disqualified or from any cause fails to act, any three of said councilmen shall carry out the provisions of this section. Same, violations. Section 7. Said Act is further amended by striking from section X of said Act the word aldermen wherever it appears and substituting in lieu thereof the words mayor and councilmen so that said section when so amended shall read as follows: Section X. Be it further enacted, That said mayor and councilmen be, and they are, hereby vested with the power to prescribe such rules for the collection of taxes, fines and all other money due to said corporation and for the enforcement of all other power herein given them as in their judgment may seem proper. Taxes. Section 8. Said Act is further amended by striking therefrom section XI in its entirety and substituting in lieu thereof a new section XI which shall read as follows: Section XI. In the event of a vacancy in the office of mayor or any of the councilmen, the same shall be filled by a special election called by the mayor within thirty days after the occurrence of such vacancy. Vacancies. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Jefferson County. To Whom it May Concern: Notice is hereby given that a local bill will be introduced during the 1962 session of the General Assembly of the
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State of Georgia to amend the charter of the Town of Avera in Jefferson County, Georgia, in the following particulars, to wit; 1. To provide that beginning with the year 1963 that the governing authority of said town shall consist of a mayor and five councilmen to be elected for staggered terms. 2. To provide that the date for the holding of elections in said town for the election of a mayor and councilmen shall be on the second Tuesday in December of each year. This January 2nd, 1962. J. Roy McCracken Representative, Jefferson County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Roy McCracken, who, on oath, deposes and says that he is Representative from Jefferson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Farmer, which is the official organ of said county, on the following dates: January 11, January 18 and January 25, 1962. /s/ J. Roy McCracken Representative, Jefferson County Sworn to and subscribed before me this 30th day of January, 1962. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved March 3, 1962.
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CITY OF LEESBURGCORPORATE LIMITS. No. 782 (House Bill No. 977). An Act to amend an Act creating the charter for the City of Leesburg approved December 21, 1898 (Ga. L. 1898, p. 204), 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 the charter for the City of Leesburg approved December 21, 1898 (Ga. L. 1898, p. 204), as amended, is hereby amended by striking section II in its entirety and inserting a new section II to read as follows: Section II. Be it further enacted that the corporate limits of the City of Leesburg shall extend one and one-half miles in each and every direction from the present county courthouse in said city, forming a perfect circle. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Lee County. Notice is hereby given by the undersigned that an amendment to the charter of the City of Leesburg will be offered at the January session 1962 of the Georgia General Assembly. This local bill will extend the corporate limits of the City of Leesburg. /s/ Thad W. Gibson City Attorney City of Leesburg Georgia, Lee County. Personally appeared before the undersigned officer, who is duly authorized to administer oaths, H. G. Hall, who, on oath, deposes and says that he is a Representative of Lee County in the General Assembly of Georgia, and that he is
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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 Lee County, on the following dates: January 2, 9, and 16. /s/ H. Goodwin Hall Sworn to and subscribed before me this 26th day of January, 1962. /s/ Thad W. Gibson Ordinary, Lee County, Georgia. (Seal). Approved March 3, 1962. TOWN OF POOLERCORPORATE LIMITS. No. 783 (House Bill No. 979). An Act to amend an Act creating the charter of the Town of Pooler, approved January 30, 1946 (Ga. L. 1946, p. 593), as amended, so as to change the corporate limits of said town; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the charter of the Town of Pooler, approved January 30, 1946 (Ga. L. 1946, p. 593), as amended, is hereby amended by adding at the end of section 2 the following paragraphs: The corporate limits of the Town of Pooler shall include that portion of land which is described as follows: `Commencing at the northeast corner of Skinner Street and Mell Street, thence S. 18-10[prime] W. along the east line of Skinner Street, a distance of 203[prime] more or less to a point on the present Pooler Town limit line, which point is the point of
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beginning. Thence continuing S. 18-10[prime] W. along the east line of Skinner Street a distance of 147[prime] more or less to a point on the south line of Olive Street, which point is located 350.00[prime] south of the point of commencing. Thence N. 72-31[prime] W. along the south line of Olive Street a distance of 905.67[prime] to a point on the west line of Olive Street. Thence N. 18-10[prime] E. along the west line of Olive Street a distance of 287[prime] more or less to a point on the present Pooler town limit line. Thence in an easterly direction a distance of 294[prime] more or less along the present Pooler town limit line to a point. Thence in a southerly direction a distance of 255[prime] more or less along the present Pooler town limit line to a point. Thence in an easterly direction a distance of 460[prime] more or less along the present Pooler town limit line to a point, which point is the point of beginning. The above described tract containing 3.8 acres as will be more fully shown on a plat by Thomas and Hutton Engineering Company, dated December 1, 1961, recorded in plat record book N. folio 20, in the office of the clerk of Superior Court, Chatham County, Georgia. 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, Sandra Hales, 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 State of Georgia, County of Chatham: Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation
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at the 1962 session of the General Assembly of Georgia relative to the following matters: (a) Legislation effecting the charter of the Town of Pooler with respect to the corporate limits annexing portions of two (2) blocks bounded on the north by Mell Street, on the east by Skinner Street, on the south by Holly Street, and on the west by Oliver Street, said portions of blocks being owned in their entirety by Mrs. T. F. Gleason, who has requested annexation. (b) Legislation effecting the charter of the Town of Pooler to fix the tax limit of ad valorem tax at ten mills (1 per cent) of the assessed value of the property taxed in lieu of five mills ( of 1 per cent). William M. Exley, Jr. Town Attorney, Pooler, Georgia has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of December 20, 27 and January 3, 1962. /s/ Sandra Hales Sworn to and subscribed before me this 3rd day of January, 1960. /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, Grady L. Dickey, who, on oath, deposes and says that he is Representative from Chatham County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press, which is the official
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organ of said county, on the following dates: Dec. 20, 27, 1961 and January 3, 1962. /s/ Grady L. Dickey Representative, Chatham County Sworn to and subscribed before me this 30 day of January, 1962. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 3, 1962. TOWN OF POOLERTAX RATE, REFERENDUM. No. 784 (House Bill No. 980). An Act to amend an Act creating the charter of the Town of Pooler approved January 30, 1946 (Ga. L. 1946, p. 593), as amended, so as to change the millage rate which may be levied by the mayor and aldermen; for submission of this Act for ratification or rejection; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the charter of the Town of Pooler approved January 30, 1946 (Ga. L. 1946, p. 593), is hereby amended by striking section 20 in its entirety and inserting in lieu thereof a new section 20 to read as follows: Section 20. Be it further enacted, that the said mayor and aldermen are also hereby vested with full power and authority to make such assessments and levy such taxes on the inhabitants of said city, and those holding taxable property within the same, and those who transact or offer to transact business therein, as said corporate authorities may
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deem expedient for the safety, welfare, benefit, convenience and advantage of said town and may enforce the payment of such assessment and taxes in such manners as said mayor and aldermen may prescribe. Besides real and personal property, the said corporate authorities may tax telegraph, telephone, railway and light companies erecting their poles on the streets, lanes, public ways, or thoroughfares in the said city, the same to be reasonable compensation for the use of such streets, lanes, public ways and thoroughfares. The ad valorem tax which may be levied by authority of this section shall not exceed 1 per cent of the assessed value of the property taxed. The said tax levy shall be by ordinances duly passed and recorded, the total ad valorem tax not to exceed 10 mills (1 per cent). Provided, however, the said mayor and aldermen may levy such additional ad valorem tax, in excess of 10 mills, as may be necessary to pay the interest and principal retirements of any duly authorized bonds, issued for the purpose of constructing or improving waterworks or paving and improving the streets, roads and highways of said town or any part thereof. Such levy shall be published before the door of the town hall of said town continuously for a period of at least (10) days immediately after the passage of the ordinance, and before the time appointed for the collection of such taxes. Tax rate. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. Not less than five (5) nor more than fifteen (15) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and aldermen of the Town of Pooler, Chatham County to issue the call for an election for the purpose of submitting this Act to the voters of the Town of Pooler, Chatham County for approval or rejection. The mayor and aldermen shall set the date of such election for a day not less than five (5) nor more than sixty (60) days after the date of the issuance of the call. The mayor and aldermen shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Chatham
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County. The ballot shall have written or printed thereon the words: For approval of the Act changing the millage rate of tax on the Town of Pooler. Referendum. Against approval of the Act changing the millage rate of tax of the Town of Pooler. 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 Town of Pooler. 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. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Sandra Hales, 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 State of Georgia, County of Chatham: Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local
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legislation at the 1962 session of the General Assembly of Georgia relative to the following matters: (a) Legislation effecting the charter of the Town of Pooler with respect to the corporate limits annexing portions of two (2) blocks bounded on the north by Mell Street, on the east by Skinner Street, on the south by Holly Street, and on the west by Oliver Street, said portions of blocks being owned in their entirety by Mrs. T. F. Gleason, who has requested annexation. (b) Legislation effecting the charter of the Town of Pooler to fix the tax limit of ad valorem tax at ten mills (1 per cent) of the assessed value of the property taxed in lieu of five mills ( of 1 per cent). William M. Exley, Jr. Town Attorney, Pooler, Georgia has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of December 20, 27 and January 3, 1962. /s/ Sandra Hales Sworn to and subscribed before me this 3rd day of January, 1962. /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, Grady L. Dickey, who, on oath, deposes and says that he is Representative from Chatham County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press, which is the official organ
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of said county, on the following dates: Dec. 20, 27, 1961 and January 3, 1962. /s/ Grady L. Dickey Representative, Chatham County Sworn to and subscribed before me this 30 day of January, 1962. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 3, 1962. CITY OF ADELCORPORATE LIMITS. No. 785 (House Bill No. 981). An Act to amend an Act consolidating all of the laws chartering the City of Adel in the County of Cook and to grant a new charter to said city, approved March 17, 1960 (Ga. L. 1960, p. 3055), 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 consolidating all of the laws chartering the City of Adel in the County of Cook and to grant a new charter to said city, approved March 17, 1960 (Ga. L. 1960, p. 3055), is hereby amended by adding a new section to be known as section 4A to read as follows: Section 4A. In addition to the property heretofore included in the corporate limits of the City of Adel, the corporate limits of the City of Adel shall also include the following property:
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All that tract or parcel of land lying and being in lot of land No. 315 in the ninth land district of Cook County, Georgia, more particularly described as follows: Beginning at a point on the west margin of the right of way of U. S. Highway No. 41 where a large ditch intersects said right of way (which point is the intersection of the present north limits of the City of Adel with the present west limits of the City of Adel at this point), run thence northerly along the west margin of said highway (which is the present city limits) to the boundary line dividing lands of H. A. Sessions and W. E. Connell on the south from land of C. A. Vittum, Jr. on the north, thence westerly along said boundary line to the right of way of Georgia, Southern and Florida Railway Company, thence in a southerly direction along the east margin of said railway to a large ditch (which ditch forms the present north city limits at this point), thence in an easterly direction along said ditch to the west margin of right of way of U. S. Highway No. 41, the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Cook County. Before an officer authorized to administer oaths personally appeared G. C. Patten, publisher of The Adel News, the official organ of Cook County, Georgia, who says on oath that the attached notice of intention to introduce legislation for the purpose of extending the city limits of the City of Adel was duly published in The Adel News on the dates of December 28, 1961, January 4 and 11, 1962. /s/ G. C. Patten Publisher, The Adel News Sworn to and subscribed before me this 12th day of January, 1962. /s/ Virgil D. Griffis Notary Public, Georgia, State at Large. My Commission Expires March 8, 1965. (Seal).
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Notice to The Public. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of an Act extending the corporate limits of the City of Adel so as to embrace therein a tract bounded on the north by boundary line dividing lands of H. A. Sessions and W. E. Connell on the south from lands of C. A. Vittum, Jr. on the north, east by U. S. Highway No. 41, south by a large ditch and west by right of way of Georgia, Southern and Florida Railway Company. This 27th day of December, 1961. Wilson B. Wilkes Representative, Cook Co. Approved March 3, 1962. CITY OF MARTINEZCHARTERED, REFERENDUM. No. 786 (House Bill No. 983). An Act to create and incorporate the City of Martinez, in the County of Columbia, 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 election of 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 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
Page 2714
and the procedure connected therewith; to 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 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 said city 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 ordinances and regulations as they may deem proper; to provide for the creation and the election 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 the construction of buildings to be erected in said city; to establish, equip and maintain a police department; 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 that said city may undertake and carry out slum clearance and redevelopment work; to provide for the disposing of
Page 2715
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 Martinez, in the County of Columbia, be and the same is hereby incorporated as a city under the name and style of the City of Martinez. Incorporated. Section 2. The boundaries or corporate limits of said city shall be defined as follows: Beginning at a point on the Columbia-Richmond County line at the intersection of the Wheeler Road and Flowing Wells Road, and runs in a general northwest direction north 30 degrees 20 minutes west, three thousand sixty-five (3065) feet to Boswell Springs Branch; thence along Boswell Branch in a northeasterly direction to Reed Creek; thence along the middle of Reed Creek course in a northeasterly direction to a point where Reed Creek intersects with Georgia Highway No. 28 (commonly known as Furys Ferry Road); and thence along said Georgia Highway No. 28 or Furys Ferry Road in a southeasterly direction to a point where said highway or road intersects with Columbia-Richmond County line; and thence along said Columbia-Richmond County line in a southwesterly direction to point of beginning. Corporate limits. Section 3. 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 corporate limits of said city shall be and remain in said City of Martinez as created by this Act, and said city may in its corporate name sue or be sued, plead and be impleaded, have and use a common seal, make and enact through its mayor and council such ordinances, by-laws, 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 Constitution of the State of
Page 2716
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 Martinez and its mayor and council as heretofore incorporated. Powers. Section 4. The municipal government of the City of Martinez shall consist of and shall be vested in a mayor and four councilmen. Said mayor and councilmen 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, hotels, motels, 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 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 thing and act necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this Act, but shall be construed as in addition to and in aid of such powers. Government.
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Section 5. The City of Martinez 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 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 Martinez, and to punish for violations of 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 Martinez, passed in accordance with its charter, to an amount not exceeding one hundred dollars, or to imprison offenders in the common jail for a period 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 6. The mayor or recorder, whichever presides in police court, shall be to all intents and purposes a Justice of the Peace so as to enable him to issue warrants of offenses committed within the corporate limits of said city, which warrant may be executed by the city marshal or policeman of said city anywhere within the limits of this state, against any person charged with violations of laws and 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 violation of the ordinances of said city, and impose punishment within the limits prescribed by laws and ordinances of said city,
Page 2718
and also may act as justice of 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 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. Recorder. Section 7. On the second Monday in December 1962, there shall be elected the first mayor and councilmen for said city, said council to consist of four members, to serve two years, commencing on the first day of January next after their election, and until their successors are elected and qualified as herein provided. An election for mayor and four councilmen shall be held biennially thereafter on the second Monday in December to serve two years, commencing on the first day of January next after their election, and until their successors are elected and qualified as herein provided. Before entering upon their duties, the mayor and councilmen shall severally take, before some officer authorized to administer oaths under the laws of Georgia, the following oath of office, to-wit: I do solemnly swear, 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 mayor pro tem. and three members of council shall constitute a quorum for the transaction of all business. Elections, etc. Section 8. 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 mayor and councilmen, in the case of a vacancy in the council, and by the councilmen
Page 2719
in the case of a vacancy in the office of mayor, and the person so selected shall be duly qualified to fill such vacancies. Vacancies. Section 9. 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 registered voters, 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 anyone 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. A majority vote shall be necessary to elect any officer or to carry any issue submitted to the voters of said city, and the results 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 10. 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 20 days prior to any regular or special election of said city, a registration book for the 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 open 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
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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 qualified voters from 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 the 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 election managers so selected to hold such election by 7 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 voters list by mistake or accident. Provided that all persons shall have the right to appeal from the decision of the board of registrars within five days to the mayor and council after their names were stricken from said voters list, and provided further that all persons whose names are so stricken from said voters' 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 voters' list. Voter registration. Section 11. 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 city and furnish same to the clerks as heretofore provided. Such registrars shall take and prescribe an oath to faithfully and impartially to 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 $5.00 each, and not exceeding three clerks, who shall be paid a like sum out of the general funds of the treasury, for their services in compiling said registration
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list. They shall hold office for such term as said mayor and council may provide. Registrars. Section 12. The mayor and council shall elect a city clerk and treasurer, a marshal or 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 payable to the City of Martinez. The mayor shall receive a salary not to exceed $60.00 per annum; the councilmen shall receive a salary of not more than $12.00 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 councilmen have allowed the same. Clerk, salaries, etc. Section 13. 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. Section 14. All persons owning property in the City of Martinez shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal, subject to taxation by said city, as of January 1st of each year; and the books for recording same shall be opened on January 1st and closed on June 1st of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Tax returns. Section 15. The mayor and council of said city shall appoint annually, on or before their first regular meeting in March, three free-holders residing in said city, as a board of tax assessors to said city, and shall pay said tax assessors $5.00 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
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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 30 days after the close of the books for receiving 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 16. The board of tax assessors of the City of Martinez may, subject to the approval of the governing authorities of said municipality, enter into contract with 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 municipality or to purchase such information from any county or political subdivision of the State of Georgia. The expense of such employees in said work, shall be paid, subject to the contracts, first being approved
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by the municipality governing authority, out of the treasury of the City of Martinez as a part of the expenses of the said board. Same. Section 17. 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. Same, appeals. Section 18. 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 20th 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 teste in 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 non-payment of state and county taxes under the laws of Georgia. The city clerk shall keep an execution docket
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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. Payment of taxes. Section 19. The mayor and councilmen of the City of Martinez 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 mill ad valorem, for the support and maintenance of government of the City of Martinez, and for the retirement of any bonds for said city. In case of extraordinary emergency, the mayor and councilmen shall have power and authority to increase said tax rate one-half mill ad valorem, on all property, both real and personal, in the corporate limits of the City of Martinez. The tax rate of one and one-half mills ad valorem on all property, both real and personal, in the corporate limits of the City of Martinez shall not be increased, unless first approved by majority vote of the electors of said City of Martinez at a special referendum called for the purpose of raising or increasing the ad valorem tax rate of the City of Martinez. In the event of failure to receive a majority vote of the electorate of the City of Martinez, no special referendum to raise or increase the tax rate of the City of Martinez shall again be called until the expiration of two years. Taxes. That the mayor and council shall also have the power to assess, levy and collect a specific or occupation tax upon all businesses, occupations, professions 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, motels, boarding houses, restaurants, markets, stores, fish stand, billiard rooms and other kinds of tables, tenpin
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alleys, bowling alleys, butcher shops, garages, drug stores, and upon all other classes or kinds of business, legitimately coming within the police power of said City of Martinez 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 the law, shall be as general and full and complete as that of the state itself. Business licenses. Section 20. 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, licenses, 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 execution shall be made in the name of the mayor or mayor pro tem. and directed to the marshal or police 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. Utilities. Section 21. The mayor and council shall have the authority to require any person, firm or corporation, whether resident or non-resident of said city, engage 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 prescribe and may provide by ordinance for the punishment of all persons, 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
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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 22. The City of Martinez is authorized to own and operate or lease a system of water works for supplying water for all purposes for all persons resident therein, and to other persons provided for herein; they shall have the power and authority to purchase, maintain, equip, repair and extend such system of water works, sewerage, 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 Martinez, 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 the 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 non-residents of said city, or other municipalities or companies for furnishing water, gas, sewerage, 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 for collection of taxes; adopt rules and regulations with the introduction of water, sewerage, 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
Page 2727
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, sewerage, gas, or other services so furnished by the city. For non-payment, when due, they may discontinue to furnish such services. Collection 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 23. The mayor and council shall be vested 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, buses, locomotives, trains and all vehicles of every kind, including airplanes, and the manner of their operations, 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 violation of such ordinances, and to adopt ordinances for these purposes. Powers. 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 substances, and to prevent the firing of guns, pistols and other firearms within the 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, the mayor pro tem., or any member
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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 for trial, or be imprisoned to await trial. If such bond be given and the accused fails to appear at the time fixed for trial the bond may be forfeited by the presiding officer 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 the said rule nisi. The presiding officer shall also have power and authority to accept in 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 for order of the officer presiding, declared forfeited to the City of Martinez. Police court. Section 27. Any person convicted before the presiding officer of the police court of the City of Martinez shall have the right to certiorari to the Superior Court of Columbia County, Georgia, provided all costs are first paid and bond and securities 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 to file the usual pauper affidavit in lieu of either giving bond and security and the payment of cost, and provided further the appellant failing to give bond and security may, in the discretion of the presiding officer in 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, certiorari. Section 28. The mayor and council shall have the power to prevent live stock and other animals from running at
Page 2729
large in said city, and to enforce same may enact ordinances to prevent keeping of hogs, poultry and other farm animals within the limits of said city, except those areas having farm acreage within the city limits shall not be affected by any ordinance preventing the keeping of livestock. Livestock. Section 29. The mayor and council of the City of Martinez 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 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. They shall also have the power to regulate the use of the streets, sidewalks, and public places of 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. Streets. Section 30. The mayor and council shall have authority to regulate 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. Railroads. 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 section 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, sidewalks, parks or other public place in said city, by grading, paving, repaving, curbing,
Page 2730
guttering, macadamizing and draining the same, and with such other form of improvement as to them may seem proper, including the installation of manholes, catch-basins, and drainage pipes and to assess the cost of the same in the manner hereinafter set forth. Streets, 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 city shall be assessed against the owners of the property abutting on said street or sidewalk or portion thereof so grading or paved, repaved or improved or reimproved, and the other one-third of such cost shall be paid by said city. All real estate owned by any other sub-division or political unit of this State shall be subject to assessment for street or sidewalk improvements. The mayor and council shall have authority to enact ordinances and regulations for the purpose of paving, repaving, improving and reimproving of streets and sidewalks, curbs and gutters, and drains and manholes; also to provide for the manner of assessments and the procedure to enforce same. Same, assessments. Section 34. The City of Martinez, by and through its mayor and council shall have all the powers and authorities to do all the things and acts authorized by the Revenue Anticipation Law of 1937, of this State, and all acts are amendatory thereof. Bonds. Section 35. The City of Martinez shall obtain fire protection from the Martinez Volunteer Fire Department, and the mayor and council shall adopt rules and regulations of the said Martinez Volunteer Fire Department as will best promote the object and purpose of protecting property from fires. Fire department. Section 36. The mayor and council shall have the authority to pass and enforce zoning laws and 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, as the mayor and council may deem best suited in the interest of the public health,
Page 2731
safety, and comfort, prosperity and general welfare of the inhabitants of said city. Zoning. Section 37. The mayor and council shall have the right 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 38. 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. Board of health. Section 39. 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. All lands owned or leased hereunder shall have police jurisdiction over same by the police force of the City of Martinez. Land ownership, police power. Section 40. It shall be unlawful for any member of council or mayor to be interested, directly or indirectly, in any contract with the City of Martinez. Any violation of this section by any member of council or the mayor, shall, on conviction thereof, be punished as prescribed in section 27-2506 of the Code of Georgia of 1933. Crimes. Section 41. No officer of the police force of the City of Martinez shall have authority to arrest any person except for offenses committed within the limits of the City of Martinez except upon the warrants issued by the mayor or some member of council when said arrest may be made at any point within the State of Georgia; said officer of the police force of the City of Martinez may act as deputy sheriff during his tenure of office as a police officer of said city. Arrests. Section 42. The mayor and council of said city are empowered to provide by ordinance for the regulation of public meetings and public speakings in the streets and public squares of said city. Public meetings, etc.
Page 2732
Section 43. The mayor and council may by ordinance declare what shall constitute a nuisance in said city and provide for the abatement of same. Nuisances. Section 44. 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. Severability. Section 45. 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 46. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Columbia County, Georgia, to issue the call for an election to be held the 2nd Wednesday in September, 1962, for the purpose of submitting this Act to the voters who are qualified voters of Columbia County, Georgia, and reside within the proposed limits of the City of Martinez. The Ordinary shall issue the call for such election not more than 30, nor less than 25 days before the date of the election. The ordinary shall advertise the same at least 20 days immediately preceding the election by posting typewritten or printed copies of this Act in three public places in the proposed limits of the City of Martinez, and a copy shall be kept during such period at the office of the Martinez Volunteer Fire Department Building. In addition thereto, 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 Columbia County. The ballot shall have written or printed thereon the words: For approval of the Act creating Charter for City of Martinez. Against approval of the Act creating Charter for City of Martinez. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority
Page 2733
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 this provision, and the result thereof shall be final. The expense of such election shall be borne by the Commission of Roads and Revenues, Columbia County, Georgia. It shall be the duty of the ordinary to hold and conduct such election and to name the necessary clerks to assist him in said election. It shall be the duty of the ordinary and his clerks so chosen, to canvass the returns and declare and certify the results of the election to the Secretary of State for the State of Georgia. Section 47. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Columbia. Before me, the undersigned, a Notary Public, this day personally came Claude McEver, who, being first duly sworn, according to law, says that he is publisher of The Columbia News, official newspaper published at Harlem, in said county and State, and the attached notice in the case of Notice of Intention to Introduce Local Legislation was published in said newspaper in the issues of: January 11th, 18th and 25th, 1962. /s/ Claude McEver. Subscribed and sworn to before me, this 29th day of January, 1962. /s/ T. W. Street, Notary Public, McDuffie County, Georgia. My Commission Expires September 25, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia, a bill to incorporate the City of Martinez in Columbia
Page 2734
County; to provide for a referendum; and for other purposes. This 5th day of January, 1962. /s/ Glenn S. Phillips, Representative, Columbia County. E. D. Clary, Senator, 29th District. Approved March 3, 1962. CARROLL COUNTYCOMPENSATION OF COMMISSIONER OF ROADS AND REVENUES AND CLERK. No. 787 (House Bill No. 984). An Act to amend an Act creating the office of commissioners of roads and revenues for Carroll County; providing for his election, qualifications, bond, duties and powers; providing for a clerk to the commissioner, his powers and duties, approved February 21, 1951 (Ga. L. 1951, p. 3310), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, Jan.-Feb. Sess., p. 2872), so as to change the expense account of the commissioner of roads and revenue; to change the expense account of the clerk to the commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenue for Carroll County; providing for his election, qualifications, bonds, duties and powers; providing for a clerk to the commissioner, his powers and duties, approved February 21, 1951 (Ga. L. 1951, p. 3310), as amended, particularly by an Act approved March 6, 1956
Page 2735
(Ga. L. 1956, Jan.-Feb. Sess., p. 2872), is hereby amended by striking the words and figures twelve hundred ($1200.00) dollars in section 6 and inserting in lieu thereof the words and figures thirty-six hundred ($3600.00) dollars, so that said section, when so amended, shall read as follows: Section 6. Be it further enacted by the authority aforesaid, that the compensation of said commissioner shall be six thousand ($6000.00) dollars per annum, payble monthly, at the end of each month, and in addition thereto, he shall be allowed an expense account for traveling and keeping an automobile not to exceed thirty-six hundred ($3600.00) dollars per annum. Expense allowance of commissioner. Section 2. Said Act is further amended by striking the words and figures thirty-six hundred ($3600.00) dollars in section 8 and inserting in lieu thereof the words and figures forty-two hundred ($4200.00) dollars, so that said section when so amended, shall read as follows: Section 8. Be it further enacted by the authority aforesaid, that the commissioner of roads and revenue shall have authority to employ a clerk for the office of commissioner of roads and revenue at a salary not to exceed forty-two hundred ($4200.00) dollars per annum. Said clerk shall perform any and all duties as directed by the commissioner, keep all records, countersign all warrants and checks and generally do and perform all other such clerical or other duties as may devolve upon him/her as he/she may be directed by the commissioner. Before entering upon his/her duties, he/she shall give bond in the sum of three thousand ($3000.00) dollars, conditioned for his/her faithful performance of hisuher duties and payable to the commissioner of roads and revnue of Carroll County. He or she will not be vested with any judicial powers or duties and shall perform his or her duties as directed by the commissioner. Clerk's salary. Section 3. This Act shall become effective on January 1, 1963. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 2736
Affidavit. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the January, 1962 session of the General Assembly of Georgia, a bill to change the compensation of the commissioner of roads and revnues of Carroll County and to change the compensation of the clerk of the commissioner of roads and revenues of Carroll County; and for other purposes. This 6th day of December, 1961. J. Ebb Duncan, Hayne Waldrop, Representatives, Carroll County. 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 7, December 14, December 21, December 28. Sworn to on the 24th day of January, 1962. /s/ Stanley Parkman, Publisher. Sworn to and subscribed to before me, on the 24th day of January, 1962. /s/ Mrs. Martha L. Smith, Notary Public. (Seal). Approved March 3, 1962.
Page 2737
CITY OF TEMPLENAME CHANGED FROM TOWN OF TEMPLE. No. 788 (House Bill No. 985). An Act to amend the Act creating and adopting a new charter for the Town of Temple, approved November 23, 1901 (Ga. L. 1901, p. 650), as amended, so as to change the name of said Town of Temple, Georgia, to City of Temple, Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act creating the charter of and granting corporate authority to the Town of Temple, Georgia, approved November 23, 1901 (Ga. L. 1901, p. 650), as amended, is hereby amended by striking from said Act the word town wherever it may appear and inserting in lieu thereof the word city. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation of Town of Temple. Notice is hereby given that there will be introduced at the 1962 session of the General Assembly of the State of Georgia, a bill to amend the charter of the Town of Temple, Georgia, to change the name of the Town of Temple, Georgia, to the City of Temple, Georgia. Town of Temple, Georgia By Olin C. Johnson, Mayor 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.
Page 2738
The following dates, to-wit: Jan. 4, Jan. 11, Jan. 18, Jan. 25. Sworn to on the 28th day of January, 1962. /s/ Stanley Parkman, Publisher. Sworn to and subscribed to before me, on the 27th day of January, 1962. /s/ Ruth Smith Notary Public. (Seal). Notice of Local Legislation of Town of Temple. Notice is hereby given that there will be introduced at the 1962 session of the General Assembly of the State of Georgia, a bill to amend the charter of the Town of Temple, Georgia, to change the name of the Town of Temple, Georgia, to the City of Temple, Georgia. Town of Temple, Georgia, By Olin C. Johnson, Mayor. Approved March 3, 1962. ECHOLS COUNTYSALARY OF CLERK TO COMMISSIONERS OF ROADS AND REVENUES. No. 789 (House Bill No. 987). An Act to amend an Act establishing a board of commissioners of roads and revenues of Echols County, approved February 3, 1953 (Ga. L. 1953, p. 2054), as amended by an Act approved February 4, 1955 (Ga. L. 1955, p. 2040), and by an Act approved February 15, 1957 (Ga. L. 1957, p. 2156), so as to provide that the clerk of the commissioners shall be paid a salary of not more than one hundred
Page 2739
($100) dollars a month; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a board of commissioners of roads and revenues of Echols County, approved February 3, 1953 (Ga. L. 1953, p. 2054), as amended, by an Act approved February 15, 1957 (Ga. L. 1957, p. 2156), is hereby amended by striking from section 7 the words and figure seventy-five ($75) dollars and inserting in lieu thereof the words and figure one hundred ($100) dollars, so that when so amended section 7 shall read as follows: Section 7. Said commissioners shall elect a clerk biennially, who shall be paid not more than one hundred ($100) dollars per month. Such clerk shall keep all the minutes and other records of said commissioners, and shall record in the minutes all action taken by said commissioners. Clerk's salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Bill. Notice is hereby given that in the session of the General Assembly of Georgia, convening in January, 1962, there will be introduced a bill to provide that the clerk of the commissioners of roads and revenues of Echols County shall be paid a salary of not more than $100.00 per month. /s/ Louis T. Raulerson, Representative, Echols County, Georgia /s/ Dan J. Deloach, State Senator, Sixth District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louis T. Raulerson,
Page 2740
who, on oath, deposes and says that he is Representative from Echols County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Times, which is the official organ of sad county, on the following dates: Jan. 12, 19, 26, 1962. /s/ Louis T. Raulerson, Representative, Echols County Sworn to and subscribed before me, this 30th day of January, 1962. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved March 3, 1962. GLYNN COUNTYADDITIONAL DEPUTY SHERIFF AND JAILER. No. 791 (House Bill No. 994). An Act to amend an Act placing the compensation of the sheriff of Glynn County on a salary basis in lieu of a fee basis, approved March 17, 1960 (Ga. L. 1960, p. 2806), so as to provide for an additional deputy; to provide for an additional jailer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the compensation of the sheriff of Glynn County on a salary basis in lieu of a fee basis, approved March 17, 1960 (Ga. L. 1960, p. 2806), is hereby amended by striking from section 2 the sentence He is authorized to appoint an additional deputy, who shall be compensated in the amount of $2,100.00 per annum, to
Page 2741
be paid in equal monthly installments from the funds of Glynn County., and inserting in lieu thereof the following: He is authorized to appoint two additional deputies, each of whom shall be compensated in the amount of $2,100.00 per annum, to be paid in equal monthly installments from the funds of Glynn County.; and by striking from section 2 the sentence He is authorized to appoint a jailer, who shall be compensated in the amount of $3,300.00 per annum, to be paid in equal monthly installments from the funds of Glynn County., and inserting in lieu thereof the following: He is authorized to appoint two jailers, each of whom shall be compensated in the amount of $3,300.00 per annum, to be paid in equal monthly installments from the funds of Glynn County., so that when so amended section 2 shall read as follows: Addition deputy sheriff and jailer. Section 2. The sheriff is hereby authorized to appoint a chief deputy, who shall be compensated in the amount of $3,000.00 per annum, to be paid in equal monthly installments from the funds of Glynn County. He is authorized to appoint a senior deputy, who shall be compensated in the amount of $2,700.00 per annum, to be paid in equal monthly installments from the funds of Glynn County. He is authorized to appoint two additional deputies, each of whom shall be compensated in the amount of $2,100.00 per annum, to be paid in equal monthly installments from the funds of Glynn County. He is authorized to appoint an office deputy, who shall also serve as clerk of the sheriff's office, who shall be compensated in the amount of $1,950.00 per annum, to be paid in equal monthly installments from the funds of Glynn County. The salaries herein mentioned for deputy sheriffs, including the chief deputy, senior deputy, and office deputy, shall be in addition to the salaries paid to the deputy sheriffs of the City Court of Brunswick, even though the same persons serve as deputy sheriffs both of the City Court of Brunswick and of Glynn County. He is authorized to appoint two jailers, each of whom shall be compensated in the amount of $3,300.00 per annum, to be paid in equal monthly installments from the funds of Glynn County. He is authorized to employ a cook for the jail, who shall be compensated in the amount of $1,500.00 per annum,
Page 2742
to be paid in equal monthly installments from the funds of Glynn County. Section 2. The provisions of this Act shall become effective July 1, 1962. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the 1962 session of the General Assembly of Georgia, which convenes on January 8, 1962, a bill to amend the Act which provided for the appointment of deputy sheriffs of Glynn County and the jailer of Glynn County, so as to provide for the appointment of an additional deputy sheriff and an additional jailer, and the setting of their compensation. This December 28, 1961. /s/ William R. Killian /s/ Winebert D. Flexer, State Representatives, Glynn County, Georgia. 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, deposes and says that they are Representatives from Glynn County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News, which is the official organ of said county, on the following dates: December 30, 1961, January 3, 1962, and January 8, 1962. /s/ William R. Killian, /s/ Winebert D. Flexer, Representative, Glynn County.
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Sworn to and subscribed before me, this 30th day of January, 1962. /s/ Janette Hirsch, Notary Public. (Seal). Approved March 3, 1962. CITY OF ATLANTAAUTHORITY TO CLOSE STREETS. No. 792 (House Bill No. 989). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act entitled An Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended as follows: Section 1. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 2. The provisions of the charter of the City of Atlanta contain in Section 24.9 Part I of the Code of Atlanta of 1953 which reads as follows: The mayor and board of aldermen are authorized and empowered to vacate and abandon any street or portion of
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street which in their judgment is no longer useful or necessary for the public use and convenience; provided, that before such action is taken, a notice shall be inserted in the newspaper in which the city's advertisements are published of the proposed abandonment, at least one time ten days before the date of the meeting of the board of aldermen at which the action is taken vacating and abandoning said street or portion of street, which notice shall state that the question of vacating and abandoning the street or portion of street will then be passed upon by the mayor and board of aldermen and shall set out the name of the street proposed to be vacated and abandoned and, in case a portion thereof only is to be vacated or abandoned, describing such portion, so that the public may be informed of the proposal and of the time and place when same will be passed upon. At this meeting any person or persons opposed to such vacation or abandonment shall be given the privilege of the floor and allowed a reasonable time within which to present his view in opposition thereto. The action of the mayor and board of aldermen in this behalf shall be conclusive, and if said mayor and board of aldermen decide to vacate or abandon such street, same shall thereafter cease to be a street for any purpose whatever and the city shall not be bound to maintain same as a street or be liable for damages for any defects that may thereafter occur or be maintained therein or for any obstructions that may be built therein following such action. The city is authorized in such cases to accept a consideration for the vacation of a street., be and the same is hereby repealed and the following enacted in lieu thereof: The mayor and board of aldermen of the City of Atlanta are authorized and empowered by resolution or ordinance to vacate and abandon any street or portion of street which in their judgment is no longer useful or necessary for the public use and convenience. Before such resolution or ordinance shall be passed by the mayor and board of aldermen, the public shall be given an opportunity to be heard thereon either before the mayor and board of aldermen or before a committee thereof to which it may be referred for hearing and consideration. An advertisement shall be inserted at
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least one time in one of the daily papers of the city ten days before such hearing is to be had whether before the mayor and board of aldermen or before a committee thereof, as the case may be, such advertisement to give notice of the introduction of such resolution or ordinance, the street or portion of street which it is proposed to vacate or abandon and the time and place of hearing thereon. At such hearing any person or persons opposed to such vacation or abandonment shall be allowed a reasonable time within which to present their views in opposition thereto. Thereafter the mayor and board of aldermen shall have full power and authority to adopt such resolution or ordinance or reject the same. The action of the mayor and board of aldermen in this respect shall be conclusive, and if the mayor and board of aldermen decide to vacate or abandon such street or part of street, the same shall thereafter cease to be a street for any purpose whatever and the city shall not be bound to maintain the same or be liable for damages for any defects that may thereafter occur or be maintained therein, or for any obstructions that may be built therein following such action. The city is authorized in such cases to accept a consideration for the vacation of a street. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Ralph McClelland, author of the attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the 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
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to apply for the passage of local legislation at the 1962 session of the General Assembly of Georgia, which convenes on Monday, January 8, 1962, 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 20th day of December, 1961. J. C. Savage, City Attorney City of Atlanta This 30 days of January, 1962. /s/ Ralph McClelland Sworn to and subscribed before me, this the 30 day of Jan., 1962. /s/ Wilson Brooks, Notary Public, Fulton County, Georgia. Approved March 3, 1962 CITY COURT OF BRUNSWICKDEPUTY SHERIFFS, DEPOSIT OF COSTS. No. 793 (House Bill No. 995). An Act to amend an Act creating the City Court of Brunswick approved March 9, 1943 (Ga. L. 1943, p. 702), as amended particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 2647), so as to provide for an additional deputy sheriff; to provide for an increase in the amount a plaintiff is required to deposit at the time of filing or
Page 2747
commencement of proceedings; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Brunswick approved March 9, 1943 (Ga. L. 1943, p. 702), as amended particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 2647), is hereby amended by striking from section 11 the sentence that reads There shall be an additional deputy sheriff who shall be paid a salary of $2,100.00 per annum. and inserting in lieu thereof the following: There shall be two additional deputy sheriffs, each of whom shall be paid a salary of $2,100.00 per annum., so that when so amended section 11 shall read as follows: Deputy sheriffs. Section 11. The clerk of said court shall be paid a salary in the amount of $6,000.00 per annum. The chief deputy clerk shall be paid a salary in the amount of $4,200.00 per annum. Every other deputy clerk shall be paid a salary of $3,600.00 per annum. The chief deputy clerk shall be charged with the responsibility of keeping the official records of the court and shall also act as secretary to the judge and shall be appointed by the judge. The sheriff of said court shall be paid a salary in the amount of $5,100.00 per annum. His chief deputy shall be paid a salary of $3,000.00 per annum. The senior deputy sheriff shall be paid a salary of $2,700.00 per annum. There shall be two additional deputy sheriffs, each of whom shall be paid a salary of $2,100.00 per annum. There shall also be an office deputy sheriff, who shall act as clerk of the sheriff's office, and who shall be paid a salary of $1,950.00 per annum. In addition to the salaries paid to said sheriff and his lawful deputies, they shall be paid all necessary and reasonable expenses which they may incur in carrying out and performing the duties of their office. All of said salaries shall be paid in equal monthly installments out of the treasury of Glynn County. Salaries so paid shall be in full compensation of all services of whatever kind and nature rendered by said clerk, said sheriff, and said deputies, and shall be in lieu of such fees as are now or hereafter allowed the sheriffs, clerks and deputies.
Page 2748
All such fees and costs shall be paid over to the treasury of Glynn County. This provision shall become effective July 1, 1962. Section 2. Said Act is further amended by striking from section 45 the figures $3.00 and inserting in lieu thereof the figures $6.75., so that when so amended section 45 shall read as follows: Section 45. Each party filing a suit or proceeding in said court involving the principal sum of $200.00 or less shall deposit with the clerk of said court at the time of the filing or commencement of said proceeding the sum of $6.75 as costs of suit; provided, however, said deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same, and provided, further, if the party making such deposit shall finally prevail in said suit or proceeding, the amount of said deposit shall be taxed as part of the costs against the losing party in said suit, and if recovered as against a losing party defendant, shall be refunded to the party deposit the same, after all costs have been paid. Costs. This provision shall become effective on the 1st day of the monthly immediately following the passage of this Act and the approval thereby by the Governor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the 1962 Session of the General Assembly of Georgia, which convenes on January 8, 1962, a bill to amend the Act creating the City Court of Brunswick, and all Acts amendatory hereof so as to provide for the appointment of an additional deputy sheriff of said court, and further, to provide for a requirement of a deposit of court costs in civil suits involving the principal amount of $200.00 or less, and to repeal conflicting laws.
Page 2749
This December 28, 1961. /s/ William R. Killian, /s/ Winebert D. Flexer, State Representatives, Glynn County, Georgia. 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, deposes and says that they are Representatives from Glynn County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News, which is the official organ of said county, on the following dates: December 30, 1961, January 3, 1962 and January 8, 1962. /s/ William R. Killian /s/ Winebert D. Flexer, Representatives, Glynn County. Sworn to and subscribed before me, this 30th day of January, 1962. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 3, 1962.
Page 2750
CITY OF MANCHESTERCORPORATE LIMITS. No. 794 (House Bill No. 998). An Act to amend the charter of the City of Manchester; to fix 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. That from and after the passage and approval of this act the corporate limits of the City of Manchester shall not include the east one-half of land lot number 19, the east one-half of land lot number 20, the east one-half of land lot number 21, all in the first land district of Meriwether County, Georgia (Chalybeate District), and said territory is hereby removed from the limits of the said city. Section 2. From and after the passage and approval of this act the governing authority of the City of Manchester shall have no power to levy taxes, exercise police power, nor to exercise any governmental function over said territory nor the inhabitants thereof and said territory shall be and remain as if the same has never been incorporated in the limits of said city. Section 3. This act shall become effective from and after its passage and approval. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. State of Georgia, Fulton County. Personally appeared before me the undersigned attesting officer, Jimmy D. NeSmith, who on oath says that he is the representative of Meriwether County in the General Assembly of Georgia, and that the following notice:
Page 2751
Legislation to be Sought. Notice is hereby given that legislation will be sought at the January 1962 session of the General Assembly of Georgia to amend the charter of the city of Manchester. Such legislation may be any provision within the power of legislature to enact. was published once a week for three weeks during the sixty day period immediately prior to the introduction of the bill to which this affidavit is attached, in the Meriwether Vindicator the official organ of Meriwether County in which notice of sheriffs sales are published, that is on January 4th, 11th and 18th, 1962. That affiant is the author of the attached bill. /s/ Jimmy D. NeSmith Sworn to and subscribed before me, this 30 day of January, 1962. /s/ E. L. Rowland, Notary Public, Georgia, State at Large. Approved March 3, 1962. CITY OF ATHENSPUBLIC TRANSPORTATION SYSTEM, REFERENDUM. No. 795 (House Bill No. 1000). 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 so as to authorize the mayor and council of the City of Athens to own and operate a public transportation system in the City of Athens; and so as to authorize the mayor and council of the City of Athens to enter into a contract with others providing for the operation by others of a public transportation system in the City of Athens and
Page 2752
providing for the defraying of all or a portion of the cost thereof by the mayor and council of the City of Athens; and so as to authorize the mayor and council of the City of Athens to utilize any of its funds or property for such purposes; and so as to make the effectiveness of this Act dependent upon a referendum. 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 charter of the Town of Athens and the various Acts amendatory thereof, approved August 24, 1872 (Ga. L. 1872, p. 127) is hereby amended so as to authorize and empower the mayor and council of the City of Athens to own and operate a public transportation system in the City of Athens; and so as to authorize and empower the mayor and council of the City of Athens to enter into a contract with others providing for the operation by others of a public transportation system in the City of Athens and providing for the defraying of all or a portion of the cost thereof by the mayor and council of the City of Athens; and so as to authorize and empower the mayor and council of the City of Athens to utilize any of its funds or property for such purposes; all as the said the mayor and council of the City of Athens may in its discretion deem best. Section 2. Not more than thirty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of Athens to issue a call for an election for the purpose of submitting this Act for approval or rejection by the qualified voters of the City of Athens. The mayor and council of the City of Athens shall set the date for such election on a day not less than thirty and not more than sixty days after the issuance of such call. The mayor and council of the City of Athens shall cause the date and purpose of said election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Clarke County. Such election may be held at one or more polling places within the corporate limits of
Page 2753
the City of Athens as may be prescribed by the mayor and council of the City of Athens. Except as herein provided, said election shall be held in accordance with the provisions of law applicable to elections for mayor and aldermen for the City of Athens. The ballots employed in said election shall have printed thereon the words: For approval of the Act providing for a city operated and tax supported transportation system in the City of Athens. Against approval of the Act providing for a city operated and tax supported transportation system in the City of Athens. Referendum. All persons desiring to vote in favor of this Act shall vote for approval, and all persons desiring to vote against this Act shall vote against approval. If the majority of the votes cast are for approval of this Act, then it shall become of full force and effect. If less than a majority of the votes cast in such election are for approval of this Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the mayor and council of the City of Athens. It shall be the duty of the mayor and council of the City of Athens to canvass the returns from the managers of said election and spread the same on the minutes of the mayor and council of the City of Athens; and it shall be the duty of the mayor of the City of Athens to certify the results of said election to the Secretary of State of Georgia. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. NOTICE. The public is hereby notified that the undersigned intends to make application to the General Assembly of Georgia at the January 1962 session thereof for the enactment of an amendment to the charter of the City of Athens so as to authorize the mayor and council of the City of Athens to own and operate a public transportation system in the City of Athens; so as to authorize the mayor and council of the City of Athens to enter into a contract with others providing
Page 2754
for the operation by others of a public transportation system in the City of Athens providing for the defraying of all or a portion of the cost thereof by the mayor and council of the City of Athens; so as to authorize the mayor and council of the City of Athens to utilize any of its funds or property for such purposes; and so as to make the effectiveness of such charter amendment dependent upon a referendum. This January 2, 1962. The Mayor and Council of the City of Athens. /s/ Jack R. Wells, Mayor. Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared E. B. Braswell, who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intent to apply for local legislation was published in the Athens Banner-Herald on January 5th, 12th, and 19th, 1962. /s/ E. B. Braswell Certified, sworn to and subscribed before me, this 24th day of January, 1962. /s/ James Barrow, Notary Public, Clarke County, Georgia. (Seal). Approved March 3, 1962.
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CITY OF AMERICUSCORPORATE LIMITS. No. 796 (House Bill No. 1007). An Act to amend an Act entitled An Act to amend an Act establishing a new charter for the City of Americus, Georgia, approved November 11, 1889, and Acts amendatory thereof, to redefine and extend the corporate limits of Americus to be effective from and after the passage of this Act, by striking section 1 of said city charter as amended, and substituting therefor the following and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Section 1. That from and after the passage of this Act the corporate limits of the City of Americus shall include the present limits of said city and in addition certain lands adjacent thereto, the limits of said city being defined and described as follows: The corporate limits of the City of Americus in the County of Sumter shall extend and embrace a circle having a radius of (1-) one and one-quarter miles, the radius point of which is the center of the location of the former water tower, now removed, now being occupied by the present city hall, together with additional territory abutting against said one and one-quarter (1-) mile radius, all of which are more clearly defined 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:
Page 2756
1-2 Beginning at a point on the above described one and one-quarter (1-) mile radius circle, said being situated N2545[prime]E from the center of the circle and on the south-easterly right-of-way line of the Central of Georgia Railway east of North Mayo Street; thence N410[prime]E, along said right-of-way line a distance of 1475 feet to a point; 2 - 3 thence S210[prime]E, a distance of 395 feet; 3 - 4 thence S1001[prime]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 feet, 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[prime]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[prime]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[prime]W along said land lot line a distance of 203.8 feet to a point; 9 - 10 thence S8130[prime]E, 385.2 feet to a point; 10 - 11 thence S3455[prime]E, 360 feet to a point; 11 - 12 thence S3327[prime]E, 140 feet to a point; 12 - 13 thence N7433[prime]E, 875.8 feet to a point; 13 - 14 thence S6347[prime]E, 1502.4 feet to a point; 14 - 15 thence S0125[prime]E, 200.0 feet to a point;
Page 2757
15 - 16 thence S2724[prime]E, 400.0 feet to a point; 16 - 17 thence S1805[prime]E, 42.9 feet to a point on the northerly side of State route No. 49 located S5622[prime]W at a distance of 35.0 feet from the east line of land lot No. 143, 27th, land district; 17 - 18 thence S3327[prime]E across said State route No. 49 for a distance of 60.0 feet to the southerly side thereof; 18 - 19 thence S5622[prime]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[prime]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[prime]W along the westerly side of said Highland Drive for a distance of 270.0 feet to the southeast corner of lot 91 in Sharondale subdivision; 21 - 22 thence S5622[prime]W along the southerly side of said lot 91 a distance of 204.6 feet to the southwest corner thereof; 22 - 23 thence N2249[prime]W, 636.9 feet to the northeasterly corner of Wilson property; 23 - 24 thence S5911[prime]W, 467.0 feet to the northeast corner of Adair property; 24 - 25 thence S7748[prime]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[prime]E, a distance of 57.8 feet; 26 - 27 thence S1248[prime]E, a distance of 878.41 feet to the southeasterly corner of said Sunny Dale Heights subdivision;
Page 2758
27 - 28 thence S7104[prime]W, 146.0 feet to the east side of Douglas Drive; 28 - 29 thence S120[prime]E, 212.84 feet to the northwesterly right-of-way line of Georgia State Highway No. 49; 29 - 30 thence S6955[prime]W along said highway right-of-way a distance of 60.6 feet; 30 - 31 thence N120[prime]W along the west side of Douglas Drive a distance of 214.04 feet; 31 - 32 thence S7104[prime]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 Stein subdivision; 33 - 34 thence N7315[prime]E, 79.0 feet, more or less, to a point; 34 - 35 thence N7404[prime]E, 94.5 feet to the westerly right-of-way line of Lorraine Avenue; 35 - 36 thence N1930[prime]E, along said right-of-way line, a distance of 301.2 feet to the southerly right-of-way line of Georgia State Highway No. 49; 36 - 37 thence northeasterly along said highway right-of-way, a distance of 151.3 feet, more or less, to the north-easterly 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[prime]E, 98.5 feet from the easterly right-of-way of said Lorraine Avenue; 38 - 39 thence N7545[prime]E, a distance of 109.5 feet to the northeasterly corner of said Herman Stein subdivision, said
Page 2759
point also marking the northwest corner of Beverly Hills sbdivision; 39 - 40 thence N8348[prime]E, a distance of 853 feet; 40 - 41 thence S8757[prime]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[prime]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[prime]W, 615.0 feet to a point; 43 - 44 thence S015[prime]W, 981.5 feet, more or less, to the northerly right-of-way of the Vienna highway. 44 - 45 thence continuing S015[prime]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 line, 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[prime]W, 323.41 feet along the southerly right-of-way of said East Forsyth Street to a concrete monument;
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49 - 50 thence S0207[prime]E along the west line of C. B. King property for a distance of 1400.79 feet to a concrete monument which marks the southeast corner of the proposed East Americus Elementary School; 50 - 51 thence N8606[prime]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[prime] to the right and thence in a westerly direction 50 feet to a point; 55 - 56 thence turning a deflection angle 10407[prime] to the left and thence in a southerly direction for a distance of 250 feet to the northerly right-of-way line of Felder Street, known also as Georgia State Highway No. 30; 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 distance of 1650 feet, more or less, to the center of Willett's Branch; 59 - 60 thence in a general southerly and southwesterly
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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[prime]E, a distance of 351 feet; 61 - 62 thence N6330[prime]E, a distance of 872 feet, to the west line of land lot 189 in the 27th land district; 62 - 63 thence N3530[prime]E, a distance of 194 feet; 63 - 64 thence S850[prime]E, a distance of 342 feet to the westerly right-of-way of Swett Avenue; 64 - 65 thence N150[prime]E, a distance of 462 feet to the southerly right-of-way of Georgia State Highway No. 30; 65 - 66 thence continuing N150[prime]E across said U. S. Highway 280 a distance of 100 feet to the northerly right-of-way thereof; 66 - 67 thence S8745[prime]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; 70 - 71 thence S070[prime]E, a distance of 740 feet; 71 - 72 thence S670[prime]E, a distance of 100 feet; 72 - 72A thence S230[prime]E crossing into land lot 201, a total distance of 800 feet;
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72A - 73 thence S070[prime]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[prime]W, a distance of 342 feet to the southeast corner of land lot 202; 74 - 75 thence continuing S8815[prime]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[prime]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, crossing 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[prime]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[prime]E along the westerly side of said Warren Avenue, a distance of 240 feet to a point; 80 - 81 thence N0554[prime]E along the westerly side of said Warren Avenue a distance of 30 feet, more or less, to the south boundary of Glendale Estates; 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;
Page 2763
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; 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;
Page 2764
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 raduis 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[prime]E, a distance of 475.9 feet; 102 - 103 thence S0331[prime]W, 154.5 feet to the north right-of-way of Daniel Street; 103 - 104 thence N8740[prime]E along said Daniel Street right-of-way a distance of 70.10 feet; 104 - 105 thence S2633[prime]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;
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105 - 106 thence S8859[prime]W, a distance of 165 feet to the northeast corner of Fred P. Bowen, property; 106 - 107 thence S0203[prime]E, 452.84 feet to the northerly right-of-way of Columbia Avenue; 107 - 108 thence N7535[prime]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[prime]E, 300 feet to the north side of Cherokee Avenue; 109 - 110 thence N7535[prime]E along the northerly side of Cherokee Avenue, 160.0 feet to the west side of South Lee Street Road; 110 - 111 thence S190[prime]E along the west side of said South Lee Street Road, 45 feet to a point; 111 - 112 thence S7535[prime]W along the southerly side of Cherokee Avenue, 160 feet to a point; 112 - 113 thence S190[prime]E, 618 feet to a point; 113 - 114 thence N7535[prime]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; 114 - 115 thence S190[prime]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 - 116 thence due west, across said South Lee Street Road along the south line of said land lot 204, and along the south line of land lot 205, and continuing along the south line of land lot 206, a total distance of 4420 feet to the east right-of-way of the Central of Georgia Railway Company;
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116 - 117 thence northerly along said railroad right-of-way 1188 feet to a point; 117 - 118 thence S8906[prime]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[prime]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, and 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; 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, block A of said subdivision; 122 - 123 thence due east along the said Daniel subdivision property line to a point which is 200 feet west of the west side of Rose Avenue; 123 - 124 thence N13[prime]W, a distance of 132.9 feet to south right-of-way of projected Daniel Street; 124 - 125 thence N13[prime]W, a distance of 50 feet across to the north right-of-way of projected Daniel Street; 125 - 126 thence N0102[prime]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;
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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 northwesterly, northerly, and northeasterly direction for a 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[prime]W along the south right-of-way line of the aforesaid proposed street for a distance of 440 feet; 132 - 133 thence north parallel with Armory Drive a distance of 1390.9 feet to a ditch; 133 - 134 thence east along said ditch to the east side of Armory Drive; 136 - 137 thence S020[prime]W along said right-of-way line of Armory Drive for a distance of 1232.0 feet, more or 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[prime]W, 96.0 feet to the southwest corner of said King Development Company property;
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139 - 140 thence N0145[prime]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[prime]W, 333 feet to the west right-of-way of Armory Drive; 141 - 142 thence N0145[prime]W along said west right-of-way 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[prime]W along the south line of land lot 117 a distance of 1050 feet to the southwest corner of property of Brown; 143 - 144A thence N0145[prime]W along the west side of property of Brown crossing Patton Drive; 144A - 144B thence east along the north side of Patton Drive to the east side of Webber Road; 144B - 144C thence north along the east side of Webber Road a distance of 205 feet; 144C - 145 thence N8733[prime]E, 630 feet to a point; 145 - 146 thence N4920[prime]E along the northwest side of Dr. W. L. Smith property, and continuing across Laudig Lane for a total distance of 145.5 feet, more or less, to the northeasterly side of said Laudig Lane; 146 - 147A thence northwest along the west side of Laudig Lane to the intersection with Eckle's Road; 147A - 147B thence northwest along south side of Eckle's Road to intersection with Webber Road; 147B - 147C thence northwest along the west side of Webber Road to intersection with Raymond Road; 147C - 147D thence southeast along the north side of Raymond Road to the intersection with Laudig Lane;
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147D - 148 thence southeast along the east side of Laudig Lane to the intersection with 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[prime]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[prime]E along the south line of Manry Burgamy 449 feet to a point; 151 - 152 thence along the east line of Burgamy N1656[prime]W, a distance of 273 feet across Patton Drive; 152 - 153 thence N8732[prime]E along the north side of Patton Drive crossing U. S. Highway 19 for a total distance of 254 feet, more or less, to the easterly side of said highway; 153 - 154 thence S1715[prime]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[prime]E, 220 feet; 157 - 158 thence S080[prime]E, 213 feet to the southwest corner of said J. W. Lott property; 158 - 159 thence N8845[prime]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[prime]E along the easterly side of said
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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[prime]W along said Rucker Street right-of-way, a distance of 620 feet, more or less, to the projected west right-of-way of Roney Street; 162 - 163 thence N0145[prime]W, crossing Rucker Street, following along the west right-of-way of said Roney Street, a distance of 526.0 feet; 163 - 164 thence N8815[prime]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[prime]W along said North Jackson Street right-of-way, a distance of 1079 feet to a point; 165 - 166 thence N8720[prime]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[prime]W along the easterly line of said public housing project, 963 feet to a point; 167 - 168 thence S0520[prime]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.
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Section 2. Be it enacted by the authority aforesaid that the amended corporate limits set forth herein shall also be known as section 1 of the charter of the City of Americus. Section 3. Be it enacted by the authority aforesaid that all laws or parts of laws in conflict with provisions of this Act are hereby repealed. Section 4. 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. Georgia, Sumter County. Before me, the undersigned officer authorized to administer oaths, personally appeared James R. Blair, who being first duly sworn does on oath say that he is the editor and publisher of the Americus Times Recorder, a newspaper of general circulation and in which the sheriff's advertisements for Sumter County are published, and does certify that legal notice, a true copy of which is hereto attached, being a notice of intention to introduce local legislation, was duly published in the Americus Times Recorder once a week for three weeks, as required by law upon the following dates, to wit: December 22 and 29, 1961, and January 5, 1962. /s/ James R. Blair, Editor and Publisher, Americus Times Recorder. Sworn to and subscribed before me, this 5th day of January, 1962. /s/ C. E. Pilcher, Notary Public, State at Large. My Commission expires February 22, 1966. (Seal).
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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, 1962, of the Georgia General Assembly. This local bill shall amend the charter for the City of Americus, Georgia, by redefining the city limits thereof by annexing to the City of Americus certain areas in which the residents have made application to the mayor and city council of Americus for annexation, and the annexation of which has been properly approved by resolution by the mayor and city council authorizing the undersigned to give this notice, prepare legislation, and have same introduced for action. /s/ William E. Smith, City Attorney for the Mayor and City Council of Americus. 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, 1962, of the Georgia General Assembly. This local bill shall amend the charter for the City of Americus, Georgia, by redefining the city limits thereof by annexing to the City of Americus certain areas in which the residents have made application to the mayor and city council of Americus for annexation, and the annexation of which has been properly approved by resolution by the mayor and city council authorizing the undersigned to give this notice, prepare legislation, and have same introduced for action. /s/ William E. Smith, City Attorney for the Mayor and City Council of Americus. Approved March 3, 1962.
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CITY OF EASTMANCORPORATE LIMITS. No. 797 (House Bill No. 1013). An Act to amend an Act creating a new charter for the City of Eastman (Ga. L. 1921, p. 883), as amended by an Act approved March 7, 1955 (Ga. L. 1955, p. 2986), as amended by an Act approved February 19, 1958 (Ga. L. 1958, p. 2220), so as to define the corporate limits of said city; and for other purposes. Be it enacted by the authority of the General Assembly of Georgia and it is hereby enacted by authority of the same as follows, to-wit: Section 1. Section 3 of that certain Act of the General Assembly of Georgia approved August 6, 1921 (Ga. L. 1921, p. 883), as amended by section 1 of an Act approved February 19, 1958 (Ga. L. 1958, p. 2220), as amended by an Act of the General Assembly of Georgia approved February 7, 1959 (Ga. L. 1959, p. 3210), so as to add thereto the following sections to be known as sections 3A and 3B: Section 3A. There is hereby excluded from the corporate limits of the City of Eastman as above defined the following territory, to-wit: All that tract or parcel of land situate, lying and being in the 16th land district of Dodge County, Georgia, and being that part of lot No. 311 described as beginning at a point on the northwest lot line which is 1031 feet northeast of the intersection of said lot line with the center of the southeast line track of the Southern Railway Company, and from said beginning point run in a direction of south 45 degrees east a distance of 250 feet to a stake; thence in a direction of north 46 degrees east a distance of 523 feet to a stake; thence in a direction of north 45 degrees west a distance of 250 feet to the northwest lot line of said lot; thence along said lot line in a direction of south 46 degrees west a distance of 523 feet to the point of beginning, said property containing 3 acres, more or less, and being further
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identified as the property owned by the Dodge County Golf Club. Section 3B. In addition to the corporate limits of the City of Eastman as described in section 3 as amended, the corporate limits of the City of Eastman shall also embrace and shall also include the following described property, towit: All that tract or parcel of land situate, lying and being in lot of land No. 23 in the 15th land district of Dodge County, Georgia, more particularly described as beginning at the point of intersection of the northeast lot line of said lot with the southeasterly right-of-way line of Georgia Highway No. 117 and from said point of beginning running along said lot line in a direction of south 45 degrees east a distance of 693 feet to a stake; thence running in a direction of south 20 degrees 30 minutes west a distance of 693 feet to a stake; thence running in a direction of north 45 degrees west a distance of 693 feet to a stake located on the southeasterly right-of-way line of said State Highway No. 117; thence running along said right-of-way line in a direction of north 20 degrees 30 minutes east a distance of 693 feet to the point of beginning, containing 10 acres and being the same property shown on the plat of a survey made September 9, 1960, by Harrell and Ross, Surveyors, which plat is recorded in the office of the clerk of Dodge Superior Court in plat book 4, page 169, said plat, together with the record thereof being by reference incorporated herein and made a part hereof, said property being further identified as the Dodge County Hospital Authority property. Section 2. All laws and parts of laws in conflict with this law are hereby repealed. Georgia, Dodge County. Notice is hereby given that the undersigned will apply for passage at the January, 1962, session of the General Assembly of Georgia a Bill amending the Acts of the General Assembly of Georgia creating the City of Eastman and the several Acts of the General Assembly amendatory
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thereto to define the limits of said city so as to provide for the inclusion thereof the property owned by the Dodge County Hospital Authority and to exclude therefrom a three-acre tract off of lot of land No. 311 in the 16th land district of Dodge County, Georgia, and for other purposes. This January 9th, 1962. /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 10th, 17th and 24th, 1962. This January 25th, 1962. /s/ E. T. Methvin Georgia, Dodge County. Notice is hereby given that the undersigned will apply for passage at the January, 1962, session of the General Assembly of Georgia a Bill amending the Acts of the General Assembly of Georgia creating the City of Eastman and the several Acts of the General Assembly amendatory thereto to define the limits of said city so as to provide for the inclusion thereof the property owned by the Dodge County Hospital Authority and to exclude therefrom a three-acre tract off of lot of land No. 311 in the 16th land district of Dodge County, Georgia, and for other purposes. This January 9th, 1962. /s/ W. S. Stuckey, Representative, Dodge County, Georgia.
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. S. Stuckey, who, on oath, deposes and says that he is Representative from Dodge County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Journal, which is the official organ of said county, on the following dates: January 10, 17 and 24, 1962. /s/ W. S. Stuckey, Representative, Dodge County, Georgia. Sworn to and subscribed before me, this 31st day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved March 3, 1962. TALBOT COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 799 (House Bill No. 1015). An Act to amend an Act creating the office of tax commissioner of Talbot County, approved March 6, 1939 (Ga. L. 1939, p. 730), as amended, particularly by an Act approved March 6, 1961 (Ga. L. 1961, p. 2265), so as to change the compensation of the tax commissioner; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Talbot County, approved March 6, 1939 (Ga. L.
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1939, p. 730), as amended, particularly by an Act approved March 6, 1961 (Ga. L. 1961, p. 2265), is hereby amended by striking from section 5 the words and figures thirty-three hundred ($3300.00) dollars and inserting in lieu thereof the words and figures thirty-six hundred ($3600.00) dollars, and by striking the words and figures two hundred seventy-five ($275.00) dollars and inserting in lieu thereof the words and figures three hundred ($300.00) dollars, 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-six hundred ($3600.00) dollars per annum, to be paid in calendar monthly installments of three hundred ($300.00) 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 allowed the tax collector on all State, professional, poll and special taxes collected by him. Section 2. Said 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, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Brooks Culpepper, who, on oath, deposes and says that he is Representative from Talbot County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the
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Talbotton New Era, which is the official organ of said county, on the following dates: January 11, 18, and 25, 1962. /s/ Brooks Culpepper, Representative, Talbot County. Sworn to and subscribed before me, this 31st day of January, 1962. /s/ Amelia Smith, Notary Public, Georgia State at Large. My Commission expires October 19, 1964. (Seal). NOTICE. Notice is hereby given to all concerned that at the 1962 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 6th day of January, 1962. Commissioners of Roads and Revenues of Talbot County, Georgia. /s/ Hinton Hendricks, Chairman. Approved March 3, 1962. ALBANY DOUGHERTY PAYROLL DEVELOPMENT AUTHORITY ACT AMENDED COST OF PROJECT DEFINED. No. 800 (House Bill No. 1025). An Act to amend an Act creating the Albany Dougherty Payroll Development Authority, approved March 21, 1958 (Ga. L. 1958, pp. 2870 et seq.), and all Acts amendatory thereof, so as to amend the definition of the term cost
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of project as defined in said Act; to authorize the Authority to execute mortgages, deeds to secure debts, trust deeds and such other instruments as may be necessary or convenient covering the property of any particular project as additional security for the bondholders of such project; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 3 (c) of the Act approved March 21, 1958 (Ga. L. 1958, pp. 2870 et seq.), is hereby amended by adding a new paragraph thereto to read as follows: It is the intention here that funds the Authority may borrow and the interest paid thereon, for interim or temporary financing for any of the above-named items properly included in cost of project for the use of a designated project, pending the issue and validation of revenue anticipation bonds for such project, shall be considered a cost of project which may be paid or repaid from the proceeds of the revenue anticipation bonds authorized herein in section 6 (l). Bonds. Section 2. Section 6 (h) of said Act is hereby amended by adding a new sentence thereto to read as follows: It being the intention here that in addition to the pledge of revenue from any project for the payment of revenue anticipation bonds and for the benefit of the bondholders, the Authority is authorized to execute mortgages, deeds to secure debts, trust deeds and such other instruments as may be necessary or convenient covering the property of any particular project as additional security for the bondholders of such project. so that section 6 (h) as amended, shall read as follows: To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debts, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. It being the intention here that in addition to the pledge of revenue from any project for the payment of revenue anticipation
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bonds and for the benefit of the bondholders, the Authority is authorized to execute mortgages, deeds to secure debts, trust deeds and such other instruments as may be necessary or convenient covering the property of any particular project as additional security for the bondholders of such project. Same. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the ensuing 1962 session of the General Assembly of Georgia a local bill to amend an Act creating the Albany Dougherty Payroll Development Authority, approved March 21, 1958 (Ga. L. 1958, pp. 2870 et seq.), and all Acts amendatory thereof, so as to amend the definition of the term cost of project as defined in said Act; to authorize the Authority to execute mortgages, deeds to secure debts, trust deeds and such other instruments as may be necessary or convenient covering the property of any particular project as additional security for the bondholders of such project; to repeal conflicting laws; and for other purposes. This 3rd day of January, 1962. /s/ George D. Busbee /s/ Colquitt H. Odom State Representatives of Dougherty County, Georgia. Notice of Local Legislation. Notice is hereby given that there will be introduced at the ensuing 1962 session of the General Assembly of Georgia a local bill to amend an Act creating the Albany Dougherty Payroll Development Authority, approved March 21, 1958 (Ga. L. 1958, pp. 2870 et seq.), and all Acts amendatory thereof, so as to amend the definition of the term cost of project as defined in said Act; to authorize the Authority to execute mortgages, deeds to secure debts, trust deeds and
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such other instruments as may be necessary or convenient covering the property of any particular project as additional security for the bondholders of such project; to repeal conflicting laws; and for other purposes. This 3rd day of January, 1962. /s/ George D. Busbee /s/ Colquitt H. Odom State Representatives of Dougherty County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George D. Busbee, who, on oath, deposes and says that he is Representative from Dougherty County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald, which is the official organ of said county, on the following dates: January 6, 13, and 20, 1962. /s/ George D. Busbee Representative, Dougherty County. Sworn to and subscribed before me, this 31st day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large. My Commission expires March 17, 1964. (Seal). Approved March 3, 1962.
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CITY OF ALBANYCORPORATE LIMITS, WARDS, POLICE LIMITS. No. 801 (House Bill No. 1026). An Act to amend an Act creating and establishing a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended by an Act approved March 21, 1958 (Ga. L. 1958, p. 3045), an Act approved March 12, 1959 (Ga. L. 1959, p. 3064), and an Act approved March 17, 1960 (Ga. L. 1960, p. 2827), 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 and establishing a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended by an Act approved March 21, 1958 (Ga. L. 1958, p. 3045), an Act approved March 12, 1959 (Ga. L. 1959, p. 3064), and an Act approved March 17, 1960 (Ga. L. 1960, p. 2827), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 which shall read as follows: Section 2. The corporate limits proper of the City of Albany shall be as follows: With the southeast corner of the intersection of Slappey Drive and Gordon Avenue as a beginning point, run westerly along the south side of Gordon Avenue extended westerly to the west side of Walnut Street; thence south 10[prime] east along the west side of Walnut Street for a distance of thirteen hundred ten (1310.0) feet to the south side of a twenty (20.0) foot alley; thence south 89 0[prime] west along the south side of said twenty (20.0) foot alley, a distance of twelve hundred twenty-eight and three-tenths (1228.3) feet to the west line of land lot number 375 first land district of Dougherty County; thence north 010[prime] east along the west line of land lot number 375, for a distance of seven hundred forty-five (745.0) feet to a point; thence north 890[prime] east, a distance of one hundred fifty (150.0) feet to the west side of a twenty (20.0) foot alley; thence north 010[prime] east along the west side of said twenty (20.0)
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foot alley, a distance of five hundred seventy-five (575.0) feet to the south side of Gordon Avenue extended westerly; along the south side of Gordon Avenue extended westerly to a point where the south side of Gordon Avenue extended westerly intersects the west line of land lot number 403 and the first land district of Dougherty County; thence north along the land lot line between land lots number 403 and number 414 to the north right-of-way line of the Central of Georgia Railroad; thence run west southwesterly along the north right-of-way line of The Central of Georgia Railroad to a point on the west side of Ingleside Drive extended; thence run northeasterly along the west side of Ingleside Drive to the south side of Broad Avenue; thence run north-westerly along the west side of Broad Avenue to a point on a line parallel to and five hundred (500) feet south of the southerly side of Gillionville Road measured perpendicular; thence run westerly along said line parallel to and south of the southerly side of Gillionville Road to the west line of land lot number 413 first land district of Dougherty County; thence run north along the west line of land lot number 413 to the north right-of-way line of Gillionville Road; thence run westerly along the north right-of-way line of Gillionville Road a distance of one thousand six hundred ten (1610) feet more or less to a point; thence run northerly three thousand three hundred ninety-three and two tenths (3393.2) feet to the north line of land lot number 80 second land district of Dougherty County; thence run easterly along the north line of land lot number 80, a distance of one thousand six hundred twenty and eight tenths (1620.8) feet to the west line of land lot number 412; thence run north along the west line of land lot number 412 and number 411 to the southeast corner of land lot number 40, second land district of Dougherty County; thence run westerly along the south line of land lot 40, second land district of Dougherty County a distance of three thousand three hundred sixty-eight and six tenths (3368.6) feet to the west line of land lot number 40; thence run south 100[prime] east a distance of five hundred thirty-nine and two tenths (539.2) feet to a point; thence run south 8736[prime] west a distance of five hundred fifty (550) feet a point; thence run north 040[prime] west a distance of one thousand three hundred fifty-six and
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four tenths (1356.4) feet to a point; thence run easterly three thousand six hundred one and eight tenths (3601.8) feet to a point on the southwesterly right-of-way line of Dawson Road; thence run southeasterly along the southwesterly right-of-way line of Dawson Road a distance of four hundred seventy-two and four tenths (472.4) feet to a point on the line between land lot number 40, second land district of Dougherty County, and land lot number 410, first land district of Dougherty County, which is four hundred forty and five tenths (440.5) feet north of the southeast corner of land lot number 40, second land district of Dougherty County; thence run northerly along the west line of land lots number 410 and 409, first land district of Dougherty County to the north line of land lot number 409; thence run easterly along the north line of land lots number 409; number 408, number 369 and number 368, first land district of Dougherty County to a point on the west bank of the Kinchafoonee Creek, thence run southeasterly along the west bank of the Kinchafoonee Creek to the west right-of-way line of Old Leesburg Road; thence run south southeasterly along the west right-of-way line of the Old Leesburg Road to the south side of Philema Road; thence easterly along the south side of Philema Road to the east bank of the Muckafooney Creek; thence run southeasterly along the east bank of the Muckafooney Creek to the west bank of Flint River; thence run east, three hundred (300) feet more or less to the east line of the low water mark of Flint River; thence run in a southerly direction along the east line of the low water mark of Flint River to a point where the same is intersected by the north line of Roosevelt Avenue projected east; thence run along the north line of Roosevelt Avenue projected east to the west side of a twenty (20.0) foot alley one hundred and fifty (150.0) feet west of Hobson Street; thence run northerly along the west side of said twenty (20.0) foot alley to the south side of a twenty (20.0) foot alley; thence run westerly along the south side of said twenty (20.0) foot alley, a distance of one hundred fourteen (114.0) feet to a point; thence run in a northerly direction a distance of four hundred (400.0) feet to the north side of a twenty (20.0) foot alley; thence run easterly along the north side of said twenty (20.0) foot
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alley a distance of two hundred and Eighty-four (284.0) feet to the west side of Hobson Street; thence run north along the west side of Hobson Street to the east right-of-way line of the Georgia Northern Railroad; thence run southeasterly along the east right-of-way line of the Georgia Northern Railroad to a point where the north line of Residence Avenue projected east intersects the east right-of-way line of the Georgia Northern Railroad; thence run in an easterly direction along the north side of Residence Avenue Alley in subdivision to the east side of Swift Street; thence south along the east side of Swift Street to a point which intersects the north line of Roosevelt Avenue projected east across Flint River; thence run east along the north line of Roosevelt Avenue projected east to a point two hundred and fifty (250.) feet west of the east line of land lot number 231, first land district of Dougherty County; thence run northerly along a line parallel to and two hundred fifty (250) feet west of the east line of land lot number 231, number 232 and number 233 to the south bank of the Georgia Power Company lake; thence run east northeasterly along the south bank of the Georgia Power Company lake to a point thirty (30.) feet west of the east line of lot number 25 of the Cromartie Beach development plat as recorded in the office of the clerk of the Superior Court, Dougherty County, plat book I, page 267; thence run south parallel to and thirty (30.) feet west of the east line of lot 25 Cromartie Beach development a distance of one hundred twenty-four and seven tenths (124.7) feet to a point; thence run east a distance of one hundred ten (110.) feet to a point; thence run south a distance of one hundred fifty (150) feet to a point; thence run west a distance of eighty (80.) feet to the southeast corner of lot 25, Cromartie Beach development; thence run south a distance of fifty-four (54.) feet to the southerly side of Cromartie Drive; thence run southwesterly along the southerly side of Cromartie Drive a distance of eight hundred twenty-four and nine tenths (824.9) feet to the east side of thirty (30) foot street running between lots 32 and 33, Cromartie Beach development; thence run southerly along the east side of said thirty (30) foot street a distance of one thousand twenty-eight (1028) feet to a point on the north line of the Turner City Corporation;
Page 2786
thence run easterly along the north line of the Turner City Corporation a distance of eight hundred eighty (880.) feet to the northeast corner of the Turner City Corporation; thence run southerly along the east line of the Turner City Corporation a distance of one thousand four hundred (1400) feet to the line between land lots number 198 and number 199, first land district of Dougherty County; thence run easterly along said line between land lots number 198 and number 199 a distance of five hundred (500.) feet to the east line of land lot number 199; thence run southerly along the east line of land lots number 199 and number 200 to the corner common to land lots number 191 and number 192, number 200 and number 201; thence run easterly along the north line of land lots number 191 and number 162 to the corner common to land lots number 154, number 155, number 161 and number 162; thence run southerly along the east line of land lots number 162 and number 163 to a point on a line parallel to and five hundred (500) feet southwest of the southwesterly side of Johnson Road; thence run northwesterly along said line parallel to and southwest of the southwesterly side of Johnson Road to a point on a line parallel to and five hundred (500) feet south of the southerly side of Wright Drive; thence run westerly along said line parallel to and south of the southerly side of Wright Drive to the east side of East Massey Drive; thence run south along the east side of East Massey Drive to the south side of South Massey Drive; thence run west along the south side of South Massey Drive a distance of two hundred twenty (220.0) feet to a point; thence run south 040[prime] east, a distance of one hundred eighty-six and seven tenths (186.7) feet to a point; thence run south 8910[prime] west, a distance of one hundred (100.00) feet to a point; thence run north 040[prime] west a distance of one hundred eighty-seven (187.0) feet to the south side of South Massey Drive; thence run west along the south side of South Massey Drive to the west side of West Massey Drive; thence run north along the west side of West Massey Drive to a point on a line parallel to and five hundred (500) feet south of the southerly right-of-way line of U. S. Highway 82, measured perpendicular; thence run westerly along said line parallel to and south of the southerly right-of-way line of U. S. Highway
Page 2787
82 to a line between land lots number 201 and number 202, first land district of Dougherty County; thence run west along the line between land lots number 201 and number 202 to the corner common to land lots number 201, number 202, number 229, and number 230; thence run south along the land lot line between land lots number 201 and number 230, number 202 and number 229 to north right-of-way line of the Georgia Northern Railroad; thence run northwesterly along the north right-of-way line of the Georgia Northern Railroad to a point on the south right-of-way line of U. S. Highway 82; thence run westerly along the south right-of-way line of U. S. Highway 82 to a point where the north side of Whitney Avenue projected east intersects the south right-of-way line of U. S. Highway 82; thence run westerly along the line of the north side of Whitney Avenue projected east to the east low water line of the Flint River; thence run southerly along the east low water line of Flint River to a point where the south boundary line of Sunnyland subdivision projected east intersects the east bank of Flint River; thence run westerly along the above said line of the south boundary line of Sunnyland subdivision projected east to the west boundary line of Sunnyland subdivision; thence run north along the west boundary line of Sunnyland subdivision to the north line of land lot number 336 in the first land district of Dougherty County, Georgia; thence west along the north line of land lot number 336 to a point two hundred fifty-two and five tenths (252.5) feet east of the east right-of-way line of the Newton Road; thence run south 049[prime] east a distance of one thousand seven hundred twenty-five and eight tenths (1725.8) feet to a point; thence run south 8842[prime] west a distance of five hundred eleven and seven tenths (511.7) feet to a point on the land lot line between land lot 336 and land lot 361 in the first land district of Dougherty County, Georgia; thence run north 111[prime] west along said land lot line a distance of six hundred sixty-eight and eight tenths (668.8) feet to a point; thence run north 5619[prime] west a distance of three hundred seventy-five and two tenths (375.2) feet to the southeasterly right-of-way line of Newton Road; thence run north 3341[prime] east along the southeasterly right-of-way line of Newton Road a distance of sixty (60) feet to a point; thence run
Page 2788
south 5619[prime] east a distance of three hundred thirty-three and four tenths (333.4) feet to a point; thence run north 111[prime] west a distance of five hundred ninety-seven and six tenths (597.6) feet to a point on the southeasterly right-of-way line of Newton Road; thence run north 3341[prime] east along the southeasterly right-of-way line of Newton Road a distance of four hundred seventy-two and nine tenths (472.9) feet to a point; thence run west in a straight line to the intersection of the north right-of-way line of Lippitt Drive with the west right-of-way line of the Newton Road; thence run west along the north side of Lippitt Drive to the west boundary line of Lincoln Heights subdivision; thence run north along the west boundary line of Lincoln Heights subdivision to the south side of Holloway Avenue; thence west along the south side of Holloway Avenue to the west side of Cleveland Street in the low cost housing project of the Albany Housing Authority; thence run north along the west side of Cleveland Street a distance of eight hundred twenty-eight (828.0) feet to the north side of Corn Avenue in the Albany Housing Authority Low Cost Housing Project; thence run east along the north side of Corn Avenue a distance of eight hundred seventy-five (875.0) feet to the west side of Harding Street; thence north along the west side of Harding Street to the south side of Gordon Avenue; thence run west along the south side of Gordon Avenue to the point of beginning. That the limits of the City of Albany, for police purposes only, be and the same are hereby extended so as to include supervision and control over the public utilities properties of said city, including its waterworks, gas, electric and sewerage systems without the limits of the city. The jurisdiction of the police court shall include power over offenses, matters or things affecting any of the city's public utilities properties, including its waterworks, gas, electric and sewerage systems without the limits of the city. Police limits. The city proper shall be divided into wards as follows: 1st Ward: Ward one shall include all that part of the City of Albany lying east of the Flint River and known as East Albany.
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2nd Ward: Ward two shall include all that part of the City of Albany lying west of Jackson Street and south of Flint Avenue and being bounded on the north by Flint Avenue and Flint Avenue projected west to the Central of Georgia Railroad and the Central of Georgia Railroad right-of-way west of the city limits. 3rd Ward: Ward three shall include that part of the City of Albany lying west of the Flint River and being bound as follows: Beginning at a point on the south boundary of the city limits and the east bank of the Flint River proceeding thence west to the centerline of Jackson Street, running thence north on Jackson Street to the centerline of Flint Avenue, running thence west on Flint Avenue and Flint Avenue projected to the centerline of the Central of Georgia Railroad, running thence southwest along the centerline of the Central of Georgia Railroad to the centerline of Slappey Drive, running thence north along the centerline of Slappey Drive to the centerline of Fifth Avenue, running thence east along the centerline of Fifth Avenue, running thence east along the centerline of Fifth Avenue to the intersection of Harding Street, thence east in a straight line to the intersection of Fifth Avenue and Madison Street, thence east along the centerline of Fifth Avenue to the centerline of Monroe Street, running thence north along the centerline of Monroe Street and the projection of Monroe Street north to the city limits, running thence along the north boundary of the city limits to the east bank of the Flint River. 4th Ward: Ward four shall include all of that part of the city of Albany lying south of the north boundary of the city limits and west of Monroe Street and being bound as follows: Beginning at a point on the north boundary of the city limits at the intersection of same with centerline of Monroe Street projected north, running thence south along the centerline of Monroe Street to the centerline of Fifth Avenue, running thence west along the centerline of Fifth Avenue to the intersection of North Madison Street, thence in a straight line west to the intersection of Fifth Avenue and Harding Street, thence west along the centerline of Fifth Avenue to the centerline of Slappey Drive,
Page 2790
thence running north along the centerline of Slappey Drive to the centerline of Eighth Avenue, running thence west along the centerline of Eighth Avenue and Eighth Avenue projected west to the centerline of Valley Road Alley where said alley intersects north Hilltop Drive, running thence west along the centerline of Valley Road Alley and Valley Road Alley projected west to the centerline of the Dawson Road, running thence in a northwesterly direction along the centerline of the Dawson Road to the western most boundary of the city limits of the City of Albany. 5th Ward: Ward five shall include all that part of the city of Albany lying west of Slappey Drive north of the Central of Georgia Railroad and south of Eighth Avenue and the Dawson Road and being bound on the north by Eighth Avenue projected west to Valley Road Alley and Valley Road Alley projected west to the centerline of the Dawson Road and the Dawson Road from the intersection of Valley Road Alley projected west to the westernmost boundary of the city limits of Albany. Section 2. All laws and parts of laws in conflict with this law are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the ensuing 1962 session of the General Assembly of Georgia a local bill to amend an Act creating and establishing a new charter for the City of Albany, Georgia, (Ga. L. 1923, pp. 370-418); approved August 18, 1923, by striking Section 2 of said Act as amended (Ga. L. 1959, pp. 3064-3074), approved March 12, 1959, and as amended by Act approved March 17, 1960 (Ga. L. 1960, pp. 2827-2837), defining the corporate limits of said city and providing the boundary of the various wards, and inserting in lieu thereof a new description of the territory to be included within the corporate limits of the City of Albany; to define the Police Limits; to define the territory to be included within the various wards of the City of Albany; to provide an effective date; to repeal conflicting laws; and for other purposes.
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This 3rd day of January, 1962. George D. Busbee Colquitt H. Odom State Representatives of Dougherty County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George D. Busbee, who, on oath, deposes and says that he is Representative from Dougherty County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald, which is the official organ of said county, on the following dates: January 6, 13, and 20, 1962. /s/ George D. Busbee, Representative, Dougherty County. Sworn to and subscribed before me, this 31 day of January, 1962. /s/Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. Approved March 3, 1962. CITY OF ROCHELLENEW CHARTER. No. 802 (House Bill No. 1033). An Act to incorporate the City of Rochelle in the County of Wilcox and State of Georgia; to grant a new charter to said city; to supersede and repeal the Act incorporating the city of Rochelle (Ga. L. 1909, p. 1235); to provide for the general powers of said city; to provide that said city shall be responsible for all debts and contracts of
Page 2792
the former city of Rochelle; to preserve all existing and valid ordinances; to provide for the corporate limits of said city; to provide for a mayor and aldermen, 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 aldermen; to provide for the compensation of said mayor and aldermen; to provide for elections; to provide for the filling of vacancies in the office of mayor and aldermen; 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 a recorder's court in said city and the procedure in said 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 and revenue anticipation certificates; 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 be permitted to operate a cemetery; 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. The City of Rochelle in the County of Wilcox is hereby incorporated under the name and style of the City of Rochelle. Said City of Rochelle as a municipality shall have perpetual succession and is vested with the right to contract and be contracted with, to plead and be impleaded,
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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 belong to municipal corporations generally under the law, as well as those hereinafter enumerated. Said corporate body under the name and style of the City of Rochelle shall have all 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, 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 Rochelle shall be the legal successor to the City of Rochelle in Wilcox 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 Rochelle is hereby made responsible as a corporate body for all legal debts, contracts and obligations for which the City of Rochelle as incorporated under an Act approved December 23, 1896 (Ga. L. 1896, p. 231), and an Act approved August 10, 1909 (Ga. L. 1909, p. 1235), as amended, is now obligated. Obligations. Section 3. All existing valid ordinances, rules, bylaws, regulations and resolutions of the City of Rochelle not inconsistent with this charter shall remain in full force and effect for the City of Rochelle until altered, amended or repealed. Existing ordinances. Section 4. The corporate limits of the City of Rochelle shall be three-fourths of one mile in every direction from the center of the crossing of Ashley Street and Third Avenue. Corporate limits.
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Section 5. The government of the City of Rochelle shall be vested in a mayor and six aldermen to be called the city council and all to be elected as hereinafter provided: Government. (A) The mayor shall be the chief executive officer of the city; have general supervision of the affairs of the city; and shall see that the laws of said city are executed and the officers of said city are faithful in the discharge of their duties. He shall cause the books and records of said city and of its officers to be inspected and may suspend any officer for cause until the next regular council meeting. He 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 the 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. Mayor. (B) All city employees shall be elected by a majority vote of the mayor and aldermen. Employees. (C) The council of the City of Rochelle 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 a vote of four or more of the aldermen. The council shall approve all expenditures made by the city. Council. (D) The mayor and council shall appoint annually, a city clerk and a city treasurer, who may, in their discretion, be one and the same person. They may also appoint such other employees as may be necessary for the efficient operation of the city and such appointments shall be for a term of one year. The city clerk and 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
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as may be deemed wise by the city council. The salaries of all city employees shall be prescribed by the mayor and aldermen. Clerk, treasurer, etc. Section 6. The mayor and council shall meet in regular session on the first Wednesday in each month. Special meeting of the council may be called by the mayor at any time or by a majority of the members of the council. The mayor shall preside over all of the meetings of the council, but shall have no vote except when the vote of the council is equally divided and except as otherwise herein provided. At the first regular meeting in January of each year, the council shall elect one of its members 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. Meetings. Section 7. To be eligible to be mayor of the City of Rochelle, 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 Rochelle a period of at least two (2) years next previous to the qualifying date and shall be a registered, qualified voter of the State of Georgia and the City of Rochelle and shall have paid all taxes and licenses due the city of Rochelle. 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, the owner of real property in the corporate limits of said city, a resident of the City of Rochelle for a period of at least one (1) year and a registered, qualified voter of the State of Georgia and the City of Rochelle, and shall have paid all taxes and licenses due said city. Should the mayor or any councilman during his or their term of office remove his residence from the corporate limits of said city, or cease to be a bona fide resident thereof, his or their office shall thereby become vacant. Mayor and councilmen, qualifications. Section 8. Be it further enacted that on the first Wednesday in December 1962 and each succeeding year thereafter, there shall be an annual election for the mayor and councilmen of the City of Rochelle whose terms expire in said year. All persons elected at such election shall take office
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on the first Wednesday in January following such election, and shall serve for a term of two (2) years, and until their successors are elected and qualified. The mayor elected in the election held on the first Wednesday in December 1961, shall remain in office until the first Wednesday in January 1963 and the councilmen elected on the first Wednesday in December 1961, shall remain in office until the first Wednesday in January 1964 and until their successors are elected and qualified. In the election to be held on the first Wednesday in December 1962, the mayor elected shall take office on the first Wednesday in January 1963 and shall remain in office until the first Wednesday in January 1965. The councilmen to be elected in the election to be held on the first Wednesday in December 1962 shall likewise take office on the first Wednesday in January 1963 and shall remain in office until the first Wednesday in January 1965. It is the intention of this section that hereafter all elections for mayor and councilmen shall be for a term of two (2) years beginning on the first Wednesday in January following election and ending on the first Wednesday in January two (2) years thereafter. For the regular annual elections, a person to be eligible to run for office of mayor or councilman of said city shall qualify with the city clerk of said city during the period of November 1st to November 15th at 12:00 o'clock noon of each year. Elections, terms, etc. Section 9. In the event that the office of mayor should become vacant by death, resignation, removal or otherwise, said vacancy shall be filled by an election ordered by the council to take place not more than 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 prior to said election in the newspaper in which sheriff's advertisements for Wilcox County are published. In the event such vacancy occurs in the office of the mayor within six months preceding the expiration of the term of office of said mayor, then said vacancy shall be filled by the mayor pro tem. for the remainder of the term; and provided further that in the event such vacancy should occur within
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six months prior to a regular annual election to be held on the first Wednesday in December, then no special election shall be called or held, and such vacancy shall be filled by the mayor pro tem., who shall serve until such regular annual election and vacancy shall be filled by election of a mayor for the remainder of the unexpired term. The council shall set the dates for any special election. In the event a vacancy occurs in the office of councilman by death, resignation, removal or otherwise, such vacancy shall be filled by appointment to be made by the mayor and remaining councilmen, provided, however, that such appointment shall be for a period ending with the next regular election thereafter unless the term would expire on the following first Wednesday in January. If the term extends for an additional year after the first Wednesday in January following the vacancy, then a person shall be elected at the regular election to fill the vacancy. Vacancies. Section 10. 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. This section shall not apply to any tie vote unless the results of the breach thereof shall be the election of one of the persons receiving such tie vote. Elections. Section 11. The mayor and councilmen elected under this Act shall take 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 Rochelle; that I will faithfully execute and enforce the laws of said city to the best of my ability, skill and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of said city and common interest thereof. Oath.
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Said oath to be administered by any attorney of the State of Georgia or any person authorized to administer oaths. 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 and unless he or she shall have continuously resided in said City of Rochelle, as a citizen thereof, for six (6) months next preceding said election at which he or she offers to vote, and shall have registered as a qualified voter in the manner hereinafter provided. Voters. Section 13. There shall be established in the City of Rochelle created by this Act a permanent registration system of the qualified voters of said city: (A) The mayor and council of said city shall provide a suitable book or books for the permanent registration of qualified voters of said city. 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 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. Voter registration. (B) 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 years of age and possess all the qualifications necessary under the Constitution and laws of the State of Georgia to entitle me to vote for members of the General Assembly and that I have bona fide and continuously resided in the City of Rochelle, as a citizen thereof for six 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 names at the place indicated on the book by the clerk or deputy clerk, who shall immediately thereafter enter at the
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places providing the age, sex, and race of each person registering. (C) 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. (D) 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 be delivered to the mayor of said city, who, together with the council, shall purge said books and 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 of qualified voters, without first giving such person a written notice to show cause on a day and time certain why his or her name should not be excluded. At such time and place it shall be determined whether or not said name shall be excluded. After the completion of any such hearings and the removal of those deceased or otherwise disqualified, they shall cause to be made three identical lists of the voters qualified to vote in said election. These lists shall be completed at least three days before any election. (E) No person shall be allowed to vote in said election whose name does not appear on the list as delivered to the poll holders unless he or she shall produce a certificate signed by a majority of the mayor and council that his or her name was erroneously omitted therefrom. (F) The City of Rochelle 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 have full power and authority to define and provide by ordinances the manner in which elections shall be held, including
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but not limited to providing for the prohibition of loitering and soliciting votes in and about the polling places. The same laws as are now or hereafter applicable to absentee ballots in State elections shall be applicable to all city elections. Section 14. There shall be established in the City of Rochelle, created by this Act, a mayor's or recorder's court which shall be clothed with all of the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth. Mayor's court. (A) Said court shall be held as often as necessary for the trial of offenders. The mayor shall preside over said court and perform the duties thereof unless he shall have appointed a recorder. Any recorder appointed as judge of said court shall be any upright and intelligent registered voter of the City of Rochelle. The clerk of the city shall act as clerk of the court, and the chief police officer of the city or other police officers shall attend said court and perform all such duties therein and in the enforcement of its sentences as they may be required by ordinances of said city or by the orders of the judge of said court. (B) The jurisdictional limits of said court shall include the corporate limits proper of said city; and said court shall have the jurisdiction to try offenses against the laws and ordinances of said city, committed within said jurisdictional limits. (C) The mayor or recorder, when sitting as such court, shall have the power and authority to punish for contempt by fine not exceeding fifty ($50.00) 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 shall 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 Wilcox County, not exceeding thirty (30) days, either or all or any
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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. 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 made in the name of the City of Rochelle; all warrants for offenses against the laws and ordinances of said city shall be signed by the presiding officer of said court, or the mayor of said city, or some officer authorized by law to issue State Warrants; and all other processes of said court, including subpoenas, summonses, etc., shall be signed by the clerk, deputy clerk, or any one 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) The mayor or recorder shall have the 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 Wilcox County for trial, to assess bail for the appearance, and to commit to the jail of Wilcox County, in default of bond. (G) Said court shall have the right to compel the attendance of witnesses, either within or without the jurisdictional limits of said city; and may issue attachments where necessary to secure the attendance of witnesses which may be served by any sheriff, deputy sheriff or any constable in any county in this State; but said city shall not be required to incur any expense in securing the attendance of any nonresident of said city subpoenaed by a defendant. (H) Said court shall have the power to fix bail, accept bond for appearance of defendants, and to forfeit and enforce collection of said bonds. Upon failure of a defendant
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to appear in accordance with the terms of his bond, he shall be solemnly called to come into court and his bail shall be warned to produce the body of his principal; and on the failure to do so, said court shall issue a scire facias directed to the marshal and other police officers of said city and to all and singular the sheriffs, their lawful deputies, and constables of said State, and be served upon said principal as soon as possible and upon his surety, which scire facias shall be returnable upon a date fixed in said scire facias, not earlier than thirty (30) days thereafter; that upon failure to show good cause, a rule absolute issue on that date and be enforced in the same manner as tax executions are enforced in said city. And where any person charged with an offense against the laws or ordinances of said city, has deposited or had deposited, in his behalf cash in lieu of a bond for his appearance, and fails to appear at the time appointed to answer said charge, said court shall have power to forfeit said cash bond instanter and order same paid into the treasury of said city. Said court shall have power to issue warrants for the re-arrest of any defendant whose bond has been forfeited. (I) Said court shall have full power and authority and, the council is hereby empowered to adopt such rules and regulations, as may be necessary to perfect the functions of said court and the enforcement of its judgments. Section 15. All persons owning property in said city shall be required to make a return under oath, annually, to the city clerk or such other person or persons as who may hereafter be designated by the mayor and council of said city, of all of their property, real and personal, subject to taxation by said city as of January 1st of each year; and the books for recording same shall be open on January 2nd and closed on April 30th of each year. Said property shall be returned by the property owner 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 returns. Section 16. The mayor and council of said city shall constitute the board of tax assessors. It shall be their duty to
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assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and it shall be their duty to examine the tax returns made to them by property owners and to increase the valuation on any 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 returns of his, her or its property as herein required by the 30th day of April, said mayor and council shall assess such property of the person, firm or corporation failing to make such return at the fair market value thereof plus ten per cent, in the option of the Board of Assessors. They shall complete their work within sixty (60) days after the close of the books for receiving returns. When their assessments are completed, they 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 at least five (5) days before said hearing, stating time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five (5) days before said hearing to a nonresident tax payer, with postage prepaid, to his last known address shall constitute legal notice to him. Tax assessors. (A) 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 digst of the tax assessors; and to make such additional regulations as they may deem necessary to secure the payment of taxes on all property subject thereto. Section 17. The council of said city shall levy and collect an ad valorem tax on all of the property both real and personal within the limits of said city, not to exceed the constitutional limits as now or may hereafter exist under the laws of the State of Georgia. Such levy shall be made on or before the first Wednesday in July 1962 and annually thereafter on or before said date. Taxes. Section 18. The taxes of said city shall fall due on October 1st of each year and tax executions shall be issued
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against all persons who have not paid their taxes by December 20th, of each year. 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. Same, payment. Section 19. The City of Rochelle, created by this Act, shall have full power and authority to license, regulate, control, or prohibit all businesses, including but 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, 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, garbage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planing mills; also auctioneers, peddlers, and pawn brokers; all agents of fire, health, accident, indemnity, casualty, and life insurance companies; the sale of all kinds of beverages, cigars, cigarettes, and tobacco products of all kinds; also dealers in and/or dispensers of gasoline, either at wholesale or retail, from tanks, or otherwise; and all businesses, occupations, professions, callings, trades or avocations, which under the laws of this State are subject to license. 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;
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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, etc. Section 20. (A) The City of Rochelle, created by this Act, shall have full power and authority in their discretion, to grade, pave, macadamize, and otherwise improve for travel and drainage, the streets, sidewalks and public lanes and alleys of said City; to put down curbing, cross drains, crossings, intersections, and otherwise improve the same. In order to carry into effect the authority above delegated, the Act of the General Assembly of Georgia, approved August 25, 1927 (Acts of 1927, pp. 321-335), (Chapter 69-4 of the Code of Georgia, as amended, with the exception of Code Section 69-402), providing a method of 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 Rochelle, created by this Act, is hereby made the governing body referred to and authorized to act under the terms of said Act hereby adopted and made a part hereof. Streets, etc. (B) In all cases where street paving or repairing is contemplated on any street in said city, in which water mains, sewers, pipes, or electric wiring conduits are laid, or are to be laid, said city shall have the power to extend such mains, sewers, pipes, etc. from the main line to the property line, to thereafter avoid the necessity of tearing up or damaging said paving, to make house connections, and to assess and collect the cost of making such property line extensions against the property to which said connections are made, and in the same manner as assessments for street paving are made and collected. Section 21. Said City of Rochelle shall have full power and authority to furnish water, electric lights and power,
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gas, heat, and other public utility service for the public use of said city, and for private use and charge therefor; to own, construct, enlarge, operate and maintain a system of waterworks and sewerage a system of electric light and power lines, a system for the manufacturing and/or supplying gas and/or heat, and any other public utility system or plants; to purchase or generate electric energy; and to maintain the supplying of said public utility service. Utilities. Section 22. Said City of Rochelle shall have full power and authority to regulate and enforce the collection of and insure payment of, charges for supplying water, electric lights, or power energy, gas, heat, sewer service, and other public utilities and service by the following methods: Same. (A) By making said charges for water, electric energy, gas, heat, sewer service, and other public utilities and service a charge upon the property or real estate served, and in case prompt payment is not made for any such service, it may be provided that the water, electric light and power energy, gas, heat, or sewer service shall be shut off from the building, place or premises and shall not be compelled to again supply said building, place or premises, until such 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, 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. (B) Said city shall have full power to require prompt payment in advance for all water, electric energy, gas, heat, sewer service, and all other public utilities and services furnished by said city; or require each consumer or person served a reasonable deposit, which may be varied according to the estimated consumption, to insure the prompt payment for such utilities and service; and shut off and refuse to furnish water, electric energy, gas, heat, sewer service, and other utilities and services, where payment in advance or deposits as the case may be, is not promptly made; and to
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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, sewer services or other utilities or services. Should any consumer fail to pay all water, or electric light, gas, heat, sewer charges or other utilities or 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 but not limited to water, electric energy, gas, heat, and sewer service, or other utilities and service, and the enumeration of particular classes of service shall not be construed as to exclude any other service that may be provided or furnished by said city, from the operation and provisions of this Act. Section 23. Said city is authorized to enact any and all ordinances, rules, and regulations, necessary to lay out and prescribe a fire district in said city, and to enlarge, change or modify its limits from time to time; to prescribe when, how, and of what material buildings in said limits may be erected, repaired, or covered, how thick the walls shall 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, stoves, pipes or flues and to order the same removed when in their judgment the
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same are dangerous or likely to become so, and to make the owner of the premises pay the expense 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 building after notice to do so, as may be prescribed, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected by execution issued and enforced in the same manner that executions for ad valorem taxes are enforced. Fire districts, etc. Section 24. (A) The City of Rochelle 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 of Rochelle 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 areas or dimensions of lots or of the yards used in connection with the buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based on 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 may deem best suited to accomplish the purpose of the zoning regulation. 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 the 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)
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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 board or commission; and to provide for a board of zoning appeals, to be elected by said mayor and council, to hear such appeals, 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 Wilcox County. Zoning. (B) In lieu of the above power of planning and zoning, the City of Rochelle is authorized to adopt any Act of the General Assembly, now or hereafter enacted, conferring planning and zoning powers upon municipalities, counties or municipalities and counties. Section 25. The City of Rochelle shall have full power and authority to condemn private property for any public use or purpose, including but not limited to, establishing public streets, sidewalks, parks and playgrounds; for rights of way for any electric light, water supply, gas or sewer line, or sewerage disposed 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 decide 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 said laws now or hereafter may exist. Eminent domain. Section 26. The council of said City of Rochelle shall have the power and authority to contract debts and issue bonds and revenue anticipation certificates of said city as the valid obligations thereof, under and in accordance with
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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, a system of lights or electric power, and other public service or utility system, for the paving or otherwise improving of public 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 purpose. Bonds. Section 27. In addition to the power and authority vested in the City of Rochelle, created by this Act, by the general laws of this State, and to those heretofore and herein granted by this Act, the said mayor and council are hereby authorized and empowered to adopt such ordinances and regulations as they may deem proper, not in conflict with the Constitution and laws of the United States, or of this State: Ordinances. (A) To protect and advance the morals of said City; to secure peace, good order, and quiet in said city; and to protect 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 power 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 pool, municipal library, 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
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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 electrical wiring in structures in said city; (F) To prevent or condemn encroachment or obstructions in, upon or over any sidewalk, street, or alley, and to require removal of such; (G) To grant franchises, easements, and rights of way over, in, under, or along 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 and 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 chain gang, 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 of 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, trains,
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engines, 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 grade 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 collection and payment into the city treasury; (O) To require connection with water and/or sewerage by property owners whose property abut on streets having water and/or sewer mains therein. Section 28. The enumeration of powers contained in this Act shall not be considered restrictive; but the city of Rochelle 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 intent and purpose of this Act or the laws of this State. Intent. Section 29. No electric light, gas, water, sewer, or other public utility plant or system, now or hereafter owned by the City of Rochelle, shall ever be sold, leased or otherwise disposed of by the City of Rochelle, 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, p. 177-179) (Sections 91-901 - 91-904 of the Code of Georgia); and the provisions of said
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Act are hereby incorporated as a part of this section by 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 and a majority of the council making conveyance thereof; provided however, that no conveyance of any property worth over one thousand dollars ($1,000.00) 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 consecutive weeks immediately prior to such sale or encumbrance; provided further, that the sale of any such property having a value of more than one thousand dollars ($1,000.00) shall be at public outcry and nothing in this section shall vary the laws regarding bond issues. The provisions of this section shall not apply to the conveyance of cemetery lots, which may be made by the mayor under such terms as the council may prescribe. Also, conveyance or re-conveyance of any property obtained through a tax sale or city execution sale may be made by the mayor and a majority of the council without any advertisement or notice upon the city being paid the amount of its investment therein plus all costs and interest thereon at 7% per annum. Sale of property. Section 30. The City of Rochelle 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 January 1 through December 31 of each year. Cash basis. Section 31. The City of Rochelle, created by this Act, shall have the right and power to designate such depository or depositories as the mayor and council may deem proper and under such terms and conditions as they may designate. Depository.
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Section 32. All Acts heretofore enacted incorporating the Town of Rochelle and the City of Rochelle and all amendments thereto are hereby repealed. Intent. Section 33. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 Session of the General Assembly of Georgia, a bill to provide a new Charter for the City of Rochelle in Wilcox County: and for other purposes. This 5th day of January, 1962. /s/ N.B. Doster, Representative, Wilcox County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, N. B. Doster, who, on oath, deposes and says that he is Representative from Wilcox County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilcox County Chronicle, which is the official organ of said county, on the following dates: Jan. 11, 18, 25, 1962. /s/ N.B. Doster, Representative, Wilcox County. Sworn to and subscribed before me, this 31st day of Jan. 1962. /s/Shirley B. Johnson, Notary Public. (Seal). Approved March 3, 1962.
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CITY OF MACONCHARTER AMENDED. No. 803 (House Bill No. 1041). An Act to amend an Act entitled An Act to re-enact the the charter of the City of Macon contained in the Act approved August 17, 1949, 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., approved August 3, 1927, (Ga. L. 1927, p. 1283), as amended particularly by an Act approved July 18, 1929 (Ga. L. 1929, p. 1191), so as to confirm the action of the mayor and council of the City of Macon in closing a portion of the alley in square 77 in the old City of Macon; to authorize the City of Macon to close for street purposes that 10-foot alley known as Davis Lane in square 106 of old City of Macon; to change the compensation paid to members of the board of water commissioners of the City of Macon; 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 re-enact the charter of the City of Macon contained in the Act approved August 17, 1949, 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., approved August 3, 1927 (Ga. L. 1927, p. 1283), as amended particularly by an Act approved July 18, 1929 (Ga. L. 1929, p. 1191), is hereby amended by adding at the end of section 82 a new section which shall be known as section 82 A which shall read as follows:
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Section 82A. The action of the mayor and council of the City of Macon, adopted by resolution by that body at a regular meeting held on January 9, 1962, closing, vacating, abandoning, and appropriating to the City of Macon, its successors and assigns, a portion of the 10-foot alley in square 77 old City of Macon, Bibb County, Georgia, is hereby confirmed. That portion extends from the northerly side of Oak Street to the southerly side of Murray's Alley in said square 77. It is bound on the west by lot 3 and on the east by lot 2 of said square. Title thereto is hereby vested in the City of Macon, Bibb County, Georgia. Closing of alleys. The City of Macon, through its governing authority, is hereby empowered to close for street purposes that 10-foot alley known as Davis Lane in square 106 of the old City of Macon between wharf lots 18 and 19 extending from Riverside Drive, formerly Ocmulgee Street, for a distance of 230 feet to Ocmulgee River with an even width of 10 feet, and thereafter to convey to Atlantic Company the alley which is closed. The powers herein granted are not intended to supersede those found in this charter but are intended to be cumulative of said powers. Section 2. Said Act is further amended by striking from Section 102 the figure $1500.00 and inserting in lieu thereof the words and figures twenty-four hundred ($2,400.00) dollars, so that when so amended, the section shall read as follows: Section 102. Immediately after the election of said water commissioners, each of them shall give bond for the faithful discharge and performance of their duties, in the sum of $10,000, payable to the City of Macon, and to be approved by the mayor and council of the City of Macon. They shall proceed to elect a chairman for the term of two years, who shall receive a salary of twenty-four hundred ($2,400.00) dollars per annum; the other members of said board shall each receive a salary of twenty-four hunred ($2,400.00) dollars per annum. All salaries shall be paid monthly by vouchers drawn upon the fund deposited to the credit of said board by the chairman and countersigned by the secretary of said board. Compensation of water commissioners.
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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 Atlantic Company, a Georgia corporation, intends to apply for the passage of the following local legislation at the January 1962 session of the General Assembly of Georgia: An Act authorizing the City of Macon, through its governing authority, to close for street purposes that 10-foot alley known as Davis Lane in square 106 of old City of Macon between wharf lots 18 and 19 extending from Riverside Drive, formerly Ocmulgee Street, for a distance of 230 feet to Ocmulgee River with an even width of 10 feet, and further authorizing the City of Macon thereafter to convey to Atlantic Company the described property. This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1916) of the Constitution of 1945. Dated January 2nd, 1962. /s/ Harris, Russell, Watkins, Attorneys for Atlantic Company. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Taylor Phillips, Phil Taylor, and Richard B. Thornton, who, on oath, deposes and says that they are Representatives from Bibb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Macon News, which
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is the official organ of said county, on the following dates: January 4th, 11th, and 18th, 1962. /s/ J. Taylor Phillips, Phil Taylor, Richard B. Thornton, Representatives, Bibb County, Georgia. Sworn to and subscribed before me, this 30th day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large. My Commission Expires March 17, 1964. (Seal). Notice of Intention to Ask for Legislation. A bill will be submitted for passage to the General Assembly of the State of Georgia, which convenes on the second Monday in January, 1962, to amend the charter of the City of Macon by increasing the compensation of the members of the Board of Water Commissioners of the City of Macon from $125 each per month to $200 each per month. This 12th day of December, 1961. /s/ Wallace Miller, Jr., Attorney for Board of Water Commissioners. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Taylor Phillips, Phil Taylor, and RichardB. Thornton, who, on oath, deposes and says that they are Representatives from Bibb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Macon News, which
Page 2819
is the official organ of said county, on the following dates: December 16th, 23rd, and 30th, 1961. /s/ J. Taylor Phillips, Phil Taylor, Richard B. Thornton, Representatives, Bibb County, Georgia. Sworn to and subscribed before me, this 30th day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large. My Commission Expires March 17, 1964. (Seal). To Whom It May Concern. Notice is hereby given that application will be made to the 1962 session of the General Assembly of the State of Georgia for passage of the following bill, to-wit: A Bill to be entitled An Act to confirm the action of the mayor and council of the City of Macon in closing, vacating and abandoning, and appropriating to the City of Macon, its successor and assigns, a portion of an Alley in square 77, old City, Macon, Bibb County, Georgia, and to vest title thereof in the City of Macon, its successors and assigns; and for other purposes. This notice is given in compliance with Article III, Section 7, Par. 15 (Code Section 2-1915 of the 1933 Code of Georgia Annotated) of the Constitution of Georgia of 1945. This December 19th, 1961. /s/ Wallace Miller, Jr., Attorney for City of Macon for This Purpose.
Page 2820
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Taylor Phillips, Phil Taylor, and Richard B. Thornton, who, on oath, deposes and says that they are Representatives 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: December 22nd and 29th, 1961, and January 5th, 1962. /s/ J. Taylor Phillips, Phil Taylor, Richard B. Thornton, Representatives, Bibb County, Georgia. Sworn to and subscribed before me, this 30th day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large. My Commission Expires March 17, 1964. (Seal). Approved March 3, 1962. CITY OF MACONCHARTER AMENDED. No. 804 (House Bill No. 1042). 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
Page 2821
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 whenever set forth, including any and all Acts amending, changing, or re-enacting any section or sub-section of said Act or Acts; to repeal section 41 of said Act of 1927, as heretofore amended and especially as heretofore amended and re-enacted by an Act approved February 28, 1956 and appearing on pages 2772 through 2777, both inclusive, of the published Acts of the General Assembly of Georgia of 1956, relating to the city personnel and public relations director and his duties, the city radio engineer and his qualifications and duties, and the manner of prescribing the duties of the city attorney, city recorder and other officers; to re-enact in lieu thereof a new section to be known as section 41 relating to the manner of prescribing the duties of the city attorney, city recorder and other officers, the effect of the re-enactment of said section 41 being to eliminate the posts of electronics engineer and personnel and public relations director thereform; 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 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
Page 2822
all Acts amending, changing, or re-enacting any Section or Sub-section of said Act or Acts, particularly an Act approved February 28, 1956, the same appearing on pages 2772 through 2777, both inclusive, of the published Acts of the General Assembly of Georgia of 1956, which said Act of 1956 amended section 41 of said Act of 1927, be and the same are hereby further amended by repealing section 41 of said Act of 1927, as amended, relating to the city personnel and public relations director and his duties, the city radio engineer and his qualifications and duties, and the manner of prescribing the duties of the city attorney, city recorder and other officers, and to re-enact in lieu thereof a new section 41 relating to the manner of prescribing the duties of the city attorney, city recorder and other officers, the effect of the re-enactment of said section 41 being to eliminate the posts of electronics engineer and personnel and public relations director therefrom, and which shall read as follows: Section 41. Other OfficersDuties PrescribedHow. The mayor and council shall have authority by ordinance to prescribe the duties of the city attorney and city recorder, and any office, officers, employees and agents which may be created by the said mayor and council. In addition, the mayor and council, by ordinance or by delegation of power to the mayor, may require of all officers, including charter officers, and of all employees and agents, the performance of duties additional to those prescribed by ordinance or by the charter. Section 2. All laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of local legislation at the 1962 session of the General Assembly of Georgia which convenes in January, 1962, to amend the charter of the City of Macon (Ga. L. 1927, pages 1263 through 1357 as thereafter amended) in the following respects:
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To amend section 41 of the said charter as heretofore amended and particularly as heretofore amended and reenacted by Georgia Laws, 1956, pages 2772 through 2777, inclusive, by eliminating as charter officer posts the posts of electronics engineer and personnel officer. This notice is given in compliance with Article III, Section VII, Paragraph XV, (Code Section 2-1915) of the Georgia Constitution of 1945. This 27th day of December, 1961. /s/ Buckner F. Melton, City Attorney, City of Macon. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Richard B. Thornton, J. Taylor Phillips and Phil Taylor, who, on oath, deposes and says that they are Representatives 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: December 29th, 1961, January 5th, 1962 and January 12, 1962. /s/ Richard B. Thornton, J. Taylor Phillips, Phil Taylor, Representatives, Bibb County, Georgia. Sworn to and subscribed before me, this 30th day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large. My Commission Expires March 17, 1964. (Seal). Approved March 3, 1962.
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CITY OF MACONCORPORATE LIMITS. No. 805 (House Bill No. 1044). 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 or re-enacting any section or sub-sections of said Act or Acts, and particularly the Acts of the General Assembly of Georgia describing the corporate limits of said city; to amend section 2 of said Act of 1927, as amended, and particularly as amended by an Act approved March 16, 1961, said described Act appearing on pages 2441 through 2457, both inclusive, of the published Acts of the General Assembly of Georgia of 1961, by adding at the end of said section 2 as amended by said Act of 1961, 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;
Page 2825
to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing or re-enacting any section or subsection of said Act or Acts, and particularly the Acts of the General Assembly of Georgia describing the corporate limits of said city and more especially an Act approved March 16, 1961, said described Act appearing on pages 2441 through 2457, both inclusive, of the published Acts of the General Assembly of Georgia of 1961, be and the same are further amended by adding to section 2 of said Act of 1927, as amended particularly by said Act of 1961, at the end thereof, a description of new territory to become and be a part of the City of Macon. Section 2. From and after the passage and approval of this Act, the following described territory contiguous to the existing limits of the City of Macon, shall be a part of said city and included in its corporate limits: (a) All that tract or parcel of land lying and being in land lots 116, 113, and 114 of the 4th district of Bibb County, Georgia containing 71.2 acres, more or less, and being more particularly described as follows. Said tract of land is bounded on the south by lands of Solomon and a subdivision known as Greenlawn Acres; on the west by lands of S. B. Kinard and Rocky Creek; on the north by Rocky Creek and lands of O. C. Odom and E. J. Odom; and on the east by New Columbus Road and lands of O. C. Odom and E. J. Odom. Said 71.2 acres herein conveyed is more particularly and definitely shown by a plat or map thereof entitled Property Plat Oreco, Inc. dated December 12, 1960, by S. J. Gostin Company, Macon, Georgia, which is of record in the clerk's office, superior court, Bibb County, Georgia, in plat book 35, folio 114 which by reference thereto is made a part hereof for purposes of a more definite description. (b) All that tract or parcel of land lying and being in
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land lot 175, 8th land district, Bibb County, Georgia, containing 6.428 acres, more or less, being a part of lot 2 of subdivision known as Lamar Clay tract in accordance with a plat of record in plat book 20, page 50, clerk's office, Bibb Superior Court, and being more fully described as lot 2 of said subdivision in accordance with a plat of said lot 2, dated July 12, 1950, and recorded in plat book 19, page 122, clerk's office, Bibb Superior Court. (c) All that tract or parcel of land lying and being in land lot 175, 8th land district, Bibb County, Georgia, containing 5.8 acres as shown by a plat of record in plat book 19, page 103, clerk's office, Bibb Superior Court, and being more fully described as follows: Beginning at a point on the westerly side of Upper River Road 5/10 of a mile southerly from the line separating Jones County from Bibb County, this distance being measured along the westerly side of Upper River Road, and from this point going south 55 degrees west 288 feet to an iron pin located in a gulley, this said gulley being a northwesterly property line; and from this point going in a generally southwesterly direction along the center line of said gulley, a distance of 510 feet, more or less, to its intersection with another gulley; thence along the center line of the second gulley and in a south-easterly direction a distance of 447 feet, more or less, to an iron pin; thence south 17 degrees 40 minutes east 155 feet to an iron pin located on the northwesterly side of Old Upper River Road; thence in a northeasterly and northerly direction along Old Upper River Road and Upper River Road a distance of 892 feet to the point of beginning. (d) All that tract or parcel of land lying and being in land lots 175 and 176 of the 8th land district of Bibb County, Georgia containing 9.85 acres, more or less, designated as lot No. 1 on a plat of record in plat book 20, page 50, clerk's office, Bibb Superior Court, and being more fully described in a plat made by F. B. West on January 9, 1959, the same being attached to a deed recorded in deed book 843, page 534. (e) All that tract or parcel of land situate, lying and being in the Counties of Bibb and Jones, Georgia, and being
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a portion of land lots 46 and 47, Macon Reserve East, Bibb County, a portion of land lots 74, 75, 83 and 100, 7th district, Bibb County, and a part of land lot 56, 7th district, Jones County, Georgia. Said tract of land is more particularly described by plat made by Jack C. Brantley under date of January, 1959, and recorded in clerk's office, Bibb Superior Court in plat book 36, page 74, as follows: Beginning at a point on the northwesterly side of the right-of-way of the Central of Georgia Railroad where the same intersects with the northeasterly line of lot 74, 7th district, Bibb County, Georgia; thence N. 46, 10[prime]W. a distance of 1025 feet to the corner of lots 56, 57, 74 and 75; thence N. 43 50[prime]E. along the line dividing lots 56 and 57 a distance of 1100 feet; thence N. 46 10[prime]W. 400 feet; thence N. 43 50[prime]E. 400 feet; thence N. 46 10[prime]W. 2581.1 feet to the line dividing lots 55 and 56; thence S. 45 23[prime]W. 1600 feet to the corner of lots 55, 56, 75 and 76; thence S. 48 04[prime]E. 2705.0 feet along the line dividing lots 56 and 75; thence S. 46 19[prime]W. 3108.4 feet to the line dividing lots 82 and 75; thence S. 45 23[prime]E. along said dividing line 210.8 feet; thence N. 44 37[prime]E. 100 feet; thence S. 45 23[prime]E. 257.87 feet; thence S. 45 13[prime]40[Prime]W. 801.6 feet; thence No. 44 46[prime]20[Prime]W. 150 feet to the line dividing lots 82 and 83; thence S. 45 13[prime]40[Prime] W. 2224 feet to the corner of lots 82, 83, 100 and 101; thence S. 44 46[prime]E. along the line dividing lots 83 and 100 a distance of 614.6 feet; thence S. 82 30[prime]E. 75.8 feet; thence N. 88 17[prime]E. 175.0 feet; thence S. 09 43[prime]E. 115.0 feet; thence S. 17 21[prime]W. 300.0 feet; thence S. 14 48[prime]W. 130 feet; thence S. 31 43[prime] W. 220.8 feet; thence S. 14 24[prime]W. 204.0 feet; thence S. 31 33[prime]W. 313.2 feet; thence N. 49 29[prime]W. 32.4 feet; thence S. 39 31[prime]W. 63.5 feet; thence S. 49 29[prime]E. 42.4 feet; thence S. 88 45[prime]W. 164.3 feet; thence N. 69 54[prime]W. 137.0 feet; thence S. 28 42[prime]W. 200.0 feet; thence S. 45 31[prime] W. 518.6 feet; thence S. 44 57[prime]E. 123.7 feet to the corner of lots 46, 47, 66 and 67, Macon Reserve East; thence S. 89 39[prime]E. 1006 feet to a point on the original Macon Reserve East line; thence N. 37W. 238 feet; thence continuing said course N. 37W. 74 feet, more or less, to the northwesterly line of the right-of-way of the Central of Georgia Railroad at the point where the same is intersected by the original Macon Reserve East line; thence in a northeasterly direction
Page 2828
along the line of the right-of-way of the Central of Georgia Railroad 7398.7 feet to the point of beginning. Section 3. All laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of local legislation at the 1962 session of the General Assembly of Georgia which convenes in January, 1962, to amend the charter of the City of Macon (Ga. L. 1927, pp. 1283 through 1357 as thereafter amended) in the following respects: To amend the charter of the City of Macon, as heretofore amended, and particularly as heretofore amended by Georgia Laws 1961, pages 2441 through 2457, inclusive, relating to the corporate limits of the City of Macon by adding 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 27th day of December, 1961. /s/ Buckner F. Melton, City Attorney, Macon, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Richard B. Thornton, and J. Taylor Phillips and Phil Taylor, who, on oath, depose and say that they are Representatives 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
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dates: December 29th, 1961, January 5th, 1962 and January 12th, 1962. /s/ Richard B. Thornton, J. Taylor Phillips, Phil Taylor, Representatives, Bibb County, Georgia. Sworn to and subscribed before me, this 30th day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large. My Commission Expires March 17, 1964. (Seal). Approved March 3, 1962. CITY OF MACONELECTIONS. No. 806 (House Bill No. 1047). 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 whereever set forth, including any and all Acts amending, changing or re-enacting any sections or sub-sections of said Act or Acts; to amend such Acts so as to provide
Page 2830
that the mayor of the City of Macon shall have the power to designate one or more locations for use as polling places in all primary elections, general elections, special elections or bond elections; 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 the Act of the General Assembly of Georgia approved August 3, 1927, entitled An Act to reenact 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 or wherever set forth including any and all Acts amending, changing or re-enacting any section of sub-section of said Act or Acts, especially an Act approved March 23, 1937, amending sections 11 and 15 of the Act of 1927, the same appearing on pages 1977 through 1979, both inclusive, of the published Acts of the General Assembly of Georgia of 1937, be and the same are hereby further amended by striking section 11 from the Act of 1927, page 1298, approved August 3, 1927, as amended by the aforesaid Act of 1937, page 1978, approved March 23, 1937, and inserting in lieu thereof the following: Section 11. Voters' Lists. It shall be the duty of the city clerk to cause to be printed and posted in front of the city hall, by 2:00 o'clock p.m. on the day preceeding the election, the corrected list of the registered voters, and also to furnish each of the election managers a certified copy of such printed lists on the evening before the election. The books of registration shall be open to public inspection
Page 2831
at all times from the beginning of the registration to the day of the election. Section 2. By striking section 15 of the Act of 1927, page 1299, approved August 3, 1927, as amended by the said Act of 1937, page 1978, approved March 23, 1937, and inserting in lieu thereof the following: Section 15. Mayor to furnish election material and designate polling places. It shall be the duty of the mayor to furnish all necessary material for carrying on the elections of the city and to designate one or more locations for use as polling places in all primary elections, general elections, special elections or bond elections. The mayor shall cause to be published in the city papers the location of polling places and the names of the ward managers for a period of 10 days previous to the election. Section 3. That all Acts are parts of Acts in conflict herewith are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the January, 1962 session of the General Assembly of Georgia for the passage of the following local legislation: An Act to amend an Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing or re-enacting any section
Page 2832
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 such 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 Georgia of 1945. This 27th day of December, 1961. /s/ Buckner F. Melton, City Attorney, City of Macon. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Richard B. Thornton, J. Taylor Phillips and Phil Taylor, who, on oath, depose and say that they are Representatives 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: December 29th, 1961, January 5th, 1962 and January 12th, 1962. /s/ Richard B. Thornton, J. Taylor Phillips, Phil Taylor, Representatives, Bibb County, Georgia. Sworn to and subscribed before me, this 30th day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large. My Commission Expires March 17, 1964. (Seal). Approved March 3, 1962.
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CITY OF LAWRENCEVILLEELECTIONS. No. 807 (House Bill No. 1083). An Act to amend an Act creating a new charter for the City of Lawrenceville, approved August 19, 1912 (Ga. L. 1912, p. 1043), as amended, so as to provide that candidates for the office of councilman shall designate the position for which he is offering; to provide the procedure to be followed in the event of a tie vote or a void 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 Lawrenceville, approved August 19, 1912 (Ga. L. 1912, p. 1043), as amended, is hereby amended by adding a new section to be known as section 4A to read as follows: Section 4A. Every person who offers as a candidate for the office of councilman shall designate in writing to the city clerk the specific position for which he offers by naming the incumbent candidate he desires to oppose. In the event any incumbent shall die or fail to offer again for such office, the candidate shall designate the position formerly held by such incumbent by naming him. In the event there has been no incumbent in the position for which the candidate desires to offer, he shall designate the position by stating that he desires to offer for a position in which there is no incumbent. Elections. Section 2. Said Act is further amended by adding a new section to be known as section 4B to read as follows: Section 4B. Should the election held on the first Monday in December of each year as above provided result in a tie vote between the highest candidates for the office of mayor or any post on the council, so that no one has received a plurality of votes for such office, the mayor and council shall cause a run-off election to be held in said city between the candidates tying or receiving the same number of votes, which run-off election shall be held not earlier
Page 2834
than seven days and not later than twenty days following the election in which such tie vote occurred. Should the election held on the first Monday in December of each year as above provided be void, the mayor and council shall cause another election to be held in said city to fill the posts sought to be filled in said void election, which election shall be held not earlier than seven days and not later than twenty days following the void election. Run-off elections. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Legislation. Notice is hereby given that a Bill will be introduced in the 1962 General Assembly of Georgia to amend an Act Approved August 19, 1912 creating a new charter for the City of Lawrenceville, Georgia, so as to provide that in case of a tie vote or void election for mayor or any member of council, the mayor and council shall have the authority to call a run-over election, or special election, and to further provide that any candidate for the office of councilman shall specify the incumbent position he is seeking and for other purposes. Mayor and Council of the City of Lawrenceville, Lawrenceville, Georgia. City of Lawrenceville, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl P. Story and Handsel Morgan, 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: December 14th, 1961 and December 21st and 28th, 1961. /s/ Earl P. Story, Handsel Morgan, Representatives, Gwinnett County, Georgia.
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Sworn to and subscribed before me, this 1st day of February, 1962. /s/ Amelia Smith, Notary Public, Georgia State at Large. My Commission Expires October 19, 1964. (Seal). Approved March 3, 1962. CHATHAM COUNTYFIRE PROTECTION DISTRICTS. No. 808 (House Bill No. 1072). An Act to provide for the establishment of fire protection districts in Chatham County; to provide for definitions; to provide for an election for determination as to a tax levy in such districts; to provide the procedure connected therewith; to provide for the borrowing of money for capital investment by the county of fire protection district; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby authorized and established within the bounds of Chatham County, districts for fire protection which shall be defined as follows: District Number One (1). Beginning at the south right-of-way line of Stephenson Avenue and the west right-of-way line of White Bluff Road; thence easterly along said south right-of-way line of Stephenson Avenue in its intersection with the easterly right-of-way line of Waters Road; thence southerly along the easterly right-of-way line of Waters Road to its intersection with the northern right-of-way line of Intermediate Road; thence easterly along said northern right-of-way line of Intermediate Road to its intersection with the western right-of-way line of Skidaway Road; thence southerly along said western right-of-way line of
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Skidaway Road to its intersection with the southern right-of-way line of Montgomery Cross Road; thence westerly along said southern right-of-way line of Montgomery Cross Road to its intersection with the eastern right-of-way line of Thomas Avenue; thence southerly along said eastern right-of-way of Thomas Avenue to the north property line of Forest City Gun Club; thence westerly along said north property line of Forest City Gun Club and its projection to its intersection with a line 800 feet east of and parallel to the Old Montgomery Road; thence southerly along said parallel line to its intersection with the western right-of-way line of the new Montgomery Road; thence along a line N-60-00[prime]-W to its intersection with the western low water line of the Vernon River; thence following the western low water line of the Vernon River southerly to its intersection with the southern low water line of the creek which marks the northern limits of Vernonburg; thence westerly along the northern limits of Vernonburg to its intersection with the projection of the eastern right-of-way line of Rockwell Avenue which is the western limits of Vernonburg; thence southerly along said eastern right-of-way line of Rockwell Avenue to its intersection with the northern right-of-way line of Vernonburg Avenue; thence easterly along said northern right-of-way line of Vernonburg Avenue to the western low water line of Vernon River; thence southerly along said western low water line of the Vernon River to its intersection with a southerly projected western right-of-way line of South Rockwell Avenue; thence northerly along said western right-of-way line of South Rockwell Avenue to the southern right-of-way line of Vernonburg Avenue, thence westerly along said southern right-of-way line of Vernonburg Avenue to its intersection with the western right-of-way of the White Bluff Road; thence northerly along said western right-of-way line of White Bluff Road to its intersection with the southern right-of-way line of Cedar Grove Road; thence southwesterly along said southern right-of-way line of Cedar Grove Road to the easterly right-of-way line of Stillwood Drive; thence southerly along said eastern right-of-way line of Stillwood Drive and its projection for a distance of 1000 feet; thence in a south westerly direction along a line parallel to Arlington
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Road to the eastern marsh line of Hoover Creek; thence north westerly along said marsh line of Hoover Creek to its intersection with a projection of the western right-of-way line of the Middleground Road; thence northerly along said western right-of-way line of Middleground Road to its intersection with the north right-of-way line of the Buckhalter Road; thence easterly along said northern right-of-way line of Buckhalter Road to the eastern line of Hunter Air Force Base; thence northerly and easterly along said line of Hunter Air Force Base to its intersection with the western right-of-way line of White Bluff Road; thence northerly along said western right-of-way line of White Bluff Road; thence northerly along said western right-of-way line of White Bluff Road to the point of beginning. District Number Two (2). Beginning at the intersection of the eastern right-of-way line of the new Montgomery Road with the northern right-of-way line of the Bethesda Road; thence easterly along said northern right-of-way line of Bethesda Road and its easterly projection to its intersection with the western low water line of Shipyard Creek; thence southerly along the western low water line of Shipyard Creek and Back River to the low water line of Burnside River; thence westerly along the northern low water line of Burnside River to the eastern low water line of the Vernon River; thence northerly along said eastern low water line of Vernon River to its intersection with a line projected from the new Montgomery Road which line has a bearing of south 60-00[prime]-E; thence S-60-00[prime]E along said line to its intersection with the eastern right-of-way line of the new Montgomery Road; thence southerly along said eastern right-of-way line of the new Montgomery Road to the point of beginning. District Number Three (3). Beginning at the intersection of the northern right-of-way line of Bethesda Road with the eastern right-of-way line of the new Montgomery Road; thence easterly along said northern right-of-way line of Bethesda Road and its eastern projection to its intersection with the eastern low water line of Shipyard Creek; thence southerly along said eastern low water line
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of Shipyard Creek to its intersection with the eastern low water line of Jones Narrows; thence northerly along the eastern low water line of Jones Narrows to its intersection with the western low water line of the Skidaway River; thence northerly along said western low water line of the Skidaway River to the southern low water line of Grimball's Creek; thence westerly along said southern low water line of Grimballs Creek to a point S-45-00[prime]-E of the south eastern tip of the high land of Sylvans Island; thence N-40-00[prime]-W along said line to its intersection with the eastern low water line of Herb River; thence southerly along the eastern low water line of Herb River to its intersection with the northern right-of-way line of LaRoche Avenue; thence northerly along the western marsh line of Herb River to the southern limits of Thunderbolt, Georgia; thence westerly along the southern limits of Thunderbolt, Georgia, to the eastern right-of-way line of Taylor Road; thence northerly along said eastern right-of-way line of Taylor Road to the southern right-of-way line of the Thunderbolt Shell Road; thence westerly along said southern right-of-way line of Thunderbolt Shell Road to the center line of the Placentia Canal; thence southerly along the center line of said Placentia Canal to the western right-of-way line of LaRoche Avenue; thence south easterly along said western right-of-way line of LaRoche Avenue to the western right-of-way line of Jasmine Avenue; thence southerly along the western right-of-way line of Jasmine Avenue to the western right-of-way line of Howard Foss Drive; thence southerly along said western right-of-way line of Howard Foss Drive, which is also the eastern corporate limits of the city of Savannah, to the eastern projected northern right-of-way line of Intermediate Road; thence westerly along said projection to the western right-of-way line of Skidaway Road; thence southern along said western right-of-way line of Skidaway Road to its intersection with the southern right-of-way line of Montgomery Cross Road; thence westerly along said southern right-of-way line of Montgomery Cross Road to its intersection with the eastern right-of-way line of Thomas Avenue; thence southerly alogn said eastern right-of-way line of Thomas Avenue to the northern property line of the Forest City Gun Club;
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thence westerly along said north property line of the Forest City Gun Club and its projection to its intersection with a line 800 feet east of and parallel to the old Montgomery Road; thence southern along said parallel line to its intersection with the eastern right-of-way line of the new Montgomery Road; thence southerly along said eastern right-of-way line of the new Montgomery Road to the point of beginning. District Number Four (4). Beginning at the intersection of the center line of the Tybee Road and the eastern low water line of the Wilmington River; thence northerly along the eastern low water line of the Wilmington River to the southern low water line of the south channel of the Savannah River; thence easterly along said southern low water line of said south channel to the northerly projection of the western right-of-way line of Tybee Road; thence southerly along the western right-of-way line of Tybee Road to its intersection with the southern low water line of the Bull River; thence easterly along the southern low water line of Bull River and Tybee River to the western low water line of Wassaw Sound; thence southerly along the western low water line of Wassaw Sound to the northern low water line of the Wilmington River; thence north westerly along said northern low water line of the Wilmington River to the point of beginning. District Number Five (5). Beginning at the intersection of the western right-of-way line of the Atlantic Coast Line Railroad with the center line of the Ogeechee River; thence north easterly along said western right-of-way line of Atlantic Coast Line Railroad to its intersection with the corporate limits of the City of Savannah; thence northerly and westerly along the corporate limits of the City of Savannah to the southern low water line of the Savannah River; then north westerly along said southern low water line of the Savannah River to its intersection with the Chatham-Effingham County Line; thence south westerly along said Chatham-Effingham County line to the center line of the Ogeechee River; thence south easterly along the center line of the Ogeechee River to the point of beginning.
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Excepting the corporate limits of Garden City, Pooler and Fort Wentworth. District Number Six (6). Beginning at the intersection of the southern property line of Hunter Air Force Base with the eastern low water line of Forest River; thence south easterly along said eastern low water line of the Forest River to its intersection with the westerly low water line of the Vernon River; thence north westerly along said western low water line of Vernon River to its intersection with the southerly projected western right-of-way line of South Rockwell Avenue; thence northerly along said western right-of-way line of South Rockwell Avenue to the southern right-of-way line of Vernonburg Avenue; thence westerly along said southern right-of-way line of Vernonburg Avenue to its intersection with the western right-of-way line of the White Bluff Road; thence northerly along said western right-of-way line of White Bluff Road to its intersection with the southern right-of-way line of Cedar Grove Road; thence south westerly along said southern right-of-way line of Cedar Grove Road to the eastern right-of-way line of Stillwood Drive; thence southerly along said eastern right-of-way line of Stillwood Drive and its projection for a distance of 1000 feet; thence in a south westerly direction along a line parallel to Arlington Road to the eastern Marsh line of Hoover Creek; thence north westerly along said marsh line of Hoover Creek to its intersection with the projection of the western right-of-way line of the Middleground Road; thence northerly along said western right-of-way line of the Middleground Road to its intersection with the north right-of-way line of the Buckhalter Road; thence south western along the eastern property line of Hunter Air Force Base to the point of beginning. District Number Seven (7). Beginning at the intersection of the northern corporate limits of Thunderbolt, Georgia with the western low water line of the Wilmington River; thence northerly along said western low water line of the Wilmington River to the southern low water line of the south channel of the Savannah River; thence easterly along said southern low water line of said south channel
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to the western line of Elba Island Cut; thence north westerly along said western line of Elba Island Cut and its projection to the center line of the Savannah River which is also the Georgia-South Carolina State Line; thence westerly along said Georgia-South Carolina State Line to the projection of the north western end of Hutchinson Island; thence south westerly along said north western end of Hutchinson Island to the northern low water mark of the Savannah Front River; thence easterly along said northern low water mark of the Savannah Front River to its intersection with the corporate limits of the City of Savannah; thence following the corporate limits of City of Savannah easterly and southerly to the northern corporate limits of Thunderbolt; thence easterly along the corporate limits of Thunderbolt to the point of beginning. District Number Eight (8). Beginning at the intersection of the western right-of-way line of Tybee Road and the northern low water line of Bull River; thence northerly along the western right-of-way line of Tybee Road and its northerly projection across the south channel of the Savannah River to the northern low water line of said south channel; thence westerly along said northern low water line of said south channel to the east line of the Elba Island Cut; thence north easterly along said line of Elba Island Cut to the center line of Savannah River which is the Georgia-South Carolina State Line; thence easterly along said state line to the western line of the Atlantic Ocean; thence southerly along said western line of the Atlantic Ocean to the northern low water line of Wassaw Sound; thence westerly along the low water line of Wassaw Sound to the northern low water line of Tybee River; thence north westerly along the northern low water line of the Tybee River and Bull River to the Point of beginning. Excepting the corporate limits of the town of Tybee. District Number Nine (9). Beginning at the intersection of the eastern right-of-way line of the Atlantic Coast Line Railroad with the center line of Ogeechee River; thence north easterly along said eastern right-of-way line of the Little Ogeechee River; thence south easterly along the
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southern low water line of the Little Ogeechee River and Forest River to the southern low water line of the Green Island Sound; thence easterly and southerly along the southern lines of the Green Island and Ossabaw Sound to the western low water line of the Atlantic Ocean; thence southerly along said low water line of the Atlantic Ocean to the northern low water line of St. Catherines Sound; thence north westerly along the northern low water line of St. Catherines Sound, the Bear River and Florida Passage to its intersection with the center line of the Ogeechee River; thence westerly along the center line of the Ogeechee River to the point of beginning. District Number Ten (10). Beginning at the intersection of the southern corporate limits of Thunderbolt, Georgia with the southern low water line of the Wilmington River; thence easterly along the southern low water line of the Wilmington River and Wassaw Sound to the western low water line of the Atlantic Ocean; thence southerly along said low water line of the Atlantic Ocean to the northern low water line of Ossabaw sound; thence westerly along the northern low water line of Ossabaw Sound, Green Island Sound and Vernon River to the eastern low water line of the Burnside River; thence northerly along said eastern low water line of Burnside River to the northern low water line of the Back River; thence westerly and northerly along the northern and eastern low water lines of the Back River and Shipyard Creek to its intersection with the eastern low water line of Jones Narrows; thence northerly along said eastern low water line of Jones Narrows to its intersection with the western low water line of the Skidaway River: thence northerly along said western low water line of the Skidaway River to the southern low water line of Grimballs Creek; thence westerly along said southern low water line of Grimballs Creek to a point S-45-00[prime]-E of the south eastern tip of the high land of Sylvans Island; thence N-40-00[prime]-W along said line to its intersection with the eastern low water line of the Herb River; thence southerly along said eastern low water line of the Herb River to its intersection with the northern right-of-way of LaRoche Avenue; thence northerly along the western marsh line of the Herb River to the point of beginning.
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Section 2. As used in this Act the term Fire Protection may include hydrants, fire stations and the equipment thereof and such fire engines, material, equipment and supplies together with personnel to operate the same which may be necessary to furnish fire protection in one or more portions of the unincorporated areas of Chatham County. Fire protection defined. Section 3. In any fire protection district hereinbefore established, the governing authorities of Chatham County may levy up to 5 mills on the real property located in such district. Funds collected under this levy shall be used for fire protection purposes in the fire protection district only in which such funds are collected and not in any other fire protection district in Chatham County. Taxes. Section 4. The governing authorities of Chatham County are hereby empowered with the discretion to formulate rules and regulations relative to the establishment and administration of such fire protection districts, provided, that before establishing a fire protection district and levying taxes therefor, a majority of the registered voters in said proposed district shall have voted for the establishment of said district. Rules, Referendums. Section 5. The governing authorities of Chatham County in the event any such fire district is created and a tax of five (5) mills is levied on the property therein, shall establish under county authority the necessary fire equipment and personnel to protect property in said fire district and shall locate such equipment and personnel within the limits of any such fire district. The county authorities are authorized and directed to purchase at a fair and reasonable price fixed by competent appraisal any fire protection equipment previously purchased by residents of any such district which fire equipment is reasonably fitted for proper and efficient use in rendering fire protection throughout any such district. The proceeds of any such purchase to be divided pro rata among the residents participating in the original purchase of any fire fighting equipment. Equipment, etc. Section 6. The governing authorities of Chatham County
Page 2844
have the discretionary power to borrow such sums as are necessary to effectuate the purposes of this Act to construct and maintain the project hereinbefore authorized, to execute evidences of indebtedness therefor, and to secure the payment of such indebtedness by the pledge of tax revenues authorized hereunder therefor. Bonds. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passage of Local Bill. December 21, 1961. Georgia, Chatham County. To Whom it May Concern: This is to notify the general public in the City of Savannah and County of Chatham, that at the next session of the General Assembly of the State of Georgia, convening January 8th, 1962, it is intended that a Bill will be introduced and offered for passage, entitled, An Act to amend the Act creating and organizing the Commissioners and Ex-Officio Judges of Chatham County and the several Acts amendatory thereto and supplementary thereof; affecting the powers of taxation, the assessment of properties, zoning and planning laws, county departments, county supported agencies and services, establishing fire districts, authorizing purchase and/or operation of water systems, affecting elective and appointive officers and employees and for other purposes. Spence M. Grayson, Senator, First District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Grady L. Dickey, who, on oath, deposes and says that he is Representative from Chatham County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press, which is the official organ
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of said county, on the following dates: Dec. 21, 28, 1961, January 4, 1962. /s/ Grady L. Dickey Representative, Chatham County Sworn to and subscribed before me, this 1st day of February, 1962. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission expires Oct. 19, 1964. (Seal). Approved March 3, 1962. TOWN OF ALLENTOWNCHARTER AMENDED. No. 809 (House Bill No. 1087). An Act to amend an Act creating a new charter for the Town of Allentown, approved January 16, 1956 (Ga. L. 1956, p. 3385), so as to include the County of Twiggs in the town charter; 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 Allentown, approved January 16, 1956 (Ga. L. 1956, p. 3385), is hereby amended by inserting in the title after the words An Act to establish a new charter for the Town of Allentown, in the County of Wilkinson the following words and the County of Twiggs;. Section 2. Said Act is further amended by inserting in section 1 after the words Town of Allentown in the County of Wilkinson the following words and the County of Twiggs.
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Section 3. Said Act is further amended by inserting in section 8 after the words I do solemnly swear that I am a citizen of the United States; that I have resided in Georgia twelve months, in Wilkinson County the following words or in Twiggs County. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that I shall introduce a bill in the 1962 session of the General Assembly to amend the charter of the Town of Allentown by naming and defining the counties in which said town is located. E. Brooks Lewis Rep. Wilkinson County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Brooks Lewis, who, on oath, deposes and says that he is Representative from Wilkinson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News, which is the official organ of said County, on the following dates: Jan. 19, 1962, Jan. 26, 1962, and February 2, 1962. E. Brooks Lewis, Representative, Wilkinson County Sworn to and subscribed before me, this 31st day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved March 3, 1962.
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TOWN OF MCINTYRECORPORATE LIMITS, REFERENDUM. No. 810 (House Bill No. 1088). An Act to amend an Act incorporating the Town of McIntyre, approved August 16, 1910 (Ga. L. 1910, p. 928), as amended by an Act approved March 5, 1957 (Ga. L. 1957, p. 2383), so as to change the town limits and add new territory; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of McIntyre, approved August 16, 1910 (Ga. L. 1910, p. 928), as amended by an Act approved March 5, 1957 (Ga. L. 1957, p. 2383), is hereby amended by striking from section 2 the words one-half and inserting in lieu thereof the words three-fourths, so that when so amended, section 2 shall read as follows: Section 2. Be it further enacted that the corporate limits of said town shall extend three-fourths mile in every direction from the depot of the Central of Georgia Railway Company, as now located in said town, said depot being made the center of said town. Corporate limits. Section 2. Not less than five (5) nor more than fifteen (15) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the Town of McIntyre to issue the call for an election for the purpose of submitting this Act to the voters of the Town of McIntyre for approval or rejection. The mayor and council shall set the date of such election for a day not less than five (5) 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 purpose of the election to be published once a week for two (2) weeks immediately preceding the date thereof, in the official organ of Wilkinson County. The ballot shall have written or printed thereon the words:
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For approval of the Act changing the town limits and adding new territory to the Town of McIntyre. Referendum. Against approval of the Act changing the town limits and adding new territory to the Town of McIntyre. 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 Town of McIntyre. It shall be the duty of the mayor and council to hold and conduct such election. They shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the mayor and council to canvass the returns and declare and certify the result of the election. It shall be their further duty to certify the result thereof to the Secretary of State. Section 3. 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 1962 session of the General Assembly to enlarge the town limits of the Town of McIntyre, from its () mile in all directions from the Central of Georgia Railroad depot in said town to a distance of three-fourths ([frac34]) of a mile in all directions from said Central of Georgia Railroad depot. This 27th day of Nov. 1961. E. Brooks Lewis Representative from Wilkinson County
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Brooks Lewis, who, on oath, deposes and says that he is Representative from Wilkinson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News, which is the official orgain of said County, on the following dates: Dec. 2, 9, 16, 23, 1961. E. Brooks Lewis Representative, Wilkinson County Sworn to and subscribed before me, this 2nd day of February, 1962. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission expires Oct. 19, 1964. (Seal). Approved March 3, 1962. CITY OF ATHENSPOWER TO ACQUIRE CERTAIN PROPERTY BY EMINENT DOMAIN. No. 811 (House Bill No. 1094). 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 so as to authorize the mayor and council of the City of Athens to acquire a tract of land in the City of Athens bounded on the north by Henderson Extension, on the east by Columbus Avenue and the projection south to Baxter Street of Columbus Avenue, on the south by Baxter Street, and on the west by Fuller Street and the projection south to Baxter Street of Fuller Street for park and recreation purposes by exercise of the power of eminent domain.
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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 charter of the Town of Athens and the various Acts amendatory thereof, approved August 24, 1872 (Ga. L. 1872, p. 127) is hereby amended so as to authorize and empower the mayor and council of the City of Athens to acquire that tract of land in the City of Athens bounded on the north by Henderson Extension; bounded on the east by Columbus Avenue and by the projecton south to Baxter Street of Columbus Avenue; bounded on the south by Baxter Street; and bounded on the west by Fuller Street (also known as Collins Avenue) and by the projection south to Baxter Street of Fuller Street for park and recreation purposes by the exercise of the power of eminent domain. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Notice. The public is hereby notified that the undersigned intends to make application to the General Assembly of Georgia at the January 1962 session thereof for the adoption of an amendment to the charter of the mayor and council of the City of Athens so as to authorize the mayor and council of the City of Athens to acquire property in the corporate limits of the City of Athens for park and recreation purposes by exercise of the power of eminent domain. This January 2, 1962. The Mayor and Council of the City of Athens. By: Jack R. Wells, Mayor Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared E. B. Braswell, who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald;
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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 intent to apply for local legislation was published in the Athens Banner-Herald on January 5, January 12, and January 19, 1962. /s/ E. B. Braswell Certified, sworn to and subscribed before me, this 5th day of February, 1962. /s/ James Barron, Notary Public. Clarke County, Georgia. (Seal). Approved March 3, 1962. TOWN OF PALMETTOELECTIONS. No. 812 (House Bill No. 1095). An Act to amend an Act entitled `An Act to create a new charter for the Town of Palmetto in Campbell County, (now Fulton County), Georgia,' approved in 1920, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that the Act described in the caption be amended as follows: Section 1. By striking section 5 of said Act and substituting in lieu thereof another section to be numbered 5 and to read as follows: Section 5. Be it further enacted by the authority aforesaid, that all elections held under the provisions of this charter shall be managed by a justice of the peace, or some other judicial officer, and two freeholders, or by three freeholders,
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all of whom shall be citizens of said city; and each of said managers, before entering upon the discharge of his duties, shall take before some officer authorized by law to administer oaths the following oath to-wit: `I do solemnly swear that I will faithfully and impartially conduct this day's election held for mayor and councilmen for the City of Palmetto, and make a true return thereof; that I will not knowingly prevent any person from voting who is entitled to vote in this election, nor will I knowingly allow any one to vote who is not entitled to vote, nor will I disclose for whom any one votes unless called upon to give evidence thereof in some court of law or equity in this State.' Said managers shall cause to be kept two lists of voters and two tally sheets of said election. The polls of each such election shall open at 6:30 o'clock a.m. and close at 3:00 o'clock p.m. All elections held by and for the City of Palmetto shall be held under the Australian ballot system, as provided under the laws of this State. In holding said elections, the election managers shall abide by all the rules and regulations of the Australian ballot system, as provided in the Acts of 1922, pages 97 to 106, and Acts amendatory thereto. 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. Copies of notice of intention to apply for this local legislation and affidavit showing the publication of such notice as required by law are attached hereto and made a part of this Bill, and it is hereby declared that all of the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. 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
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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, 1961, and on the 3, 10 days of January, 1962, as provided by law. /s/ Frank Kempton. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of Palmetto intends to apply for the passage of Local Legislation at the 1962 session of the General Assembly of Georgia which convenes on Monday, January 8, 1962, to amend the charter of the City of Palmetto, the title to such bill, or bills, to be as follows: An Act to amend an Act entitled `An Act to create a new charter for the Town of Palmetto in Campbell County, (now Fulton County), Georgia,' approved in 1920, and the several Acts amendatory thereof, and for other purposes. This 15th day of December, 1961. City of Palmetto By: James F. Cox, City Attorney. Subscribed and sworn to before me, this 18th day of January, 1962. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1963. (Seal). Approved March 3, 1962.
Page 2854
CITY OF EAST POINTCORPORATE LIMITS, REFERENDUM. No. 813 (House Bill No. 1105). 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. Be it enacted by the General Assembly of the State of Georgia: Section 1. 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 particularly amended by an Act approved March 5, 1957, (Ga. L. 1957, p. 2429, et. seq.) is hereby amended by extending the city limits of the City of East Point in Fulton County, Georgia, to embrace the territory and inhabitants of the following described area: Being all of land lot 33 of the 13th district of formerly Campbell, now Fulton County, Georgia. Section 2. Subject to the election hereinafter provided for in this Act, all of said territory and the inhabitants thereof are hereby annexed to and made a part of said City of East Point, subject to the government, jurisdiction, laws, ordinances, rules and regulations of said city as fully and completely for any and all purposes as said city has heretofore exercised over the territory and inhabitants heretofore embraced within the territorial limits of said city, and the area hereby annexed to said city is hereby attached to and made a part of the second ward of said city. Section 3. Not less than thirty nor more than sixty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of East Point to issue the call for an election for the purpose of submitting this
Page 2855
Act as hereinbefore prescribed for approval or rejection. The mayor and council shall set the date for such election for a day not less than thirty nor more than sixty days after the date of the issuance of the call. The mayor and council shall cause the date and the purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official gazette of the City of East Point and the official organ of Fulton County. The ballots shall have printed or written thereon the words: For approval of the Act extending the corporate limits of the City of East Point. Against approval of the Act extending the corporate limits of the City of East Point. All persons desiring to vote in favor of the Act shall vote for approval and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect as of 12:01 a.m., August 15, 1962. If less than a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by the City of East Point. It shall be the duty of the mayor and council to hold and conduct such election under the same laws and rules as govern general elections in said city, 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. It shall be the duty of the mayor and council to hold and conduct such election in such a manner as will enable those persons to vote who have resided or owned property within the territory proposed to be annexed for a period of six months next preceding the date set for such election, and who are otherwise qualified to vote for members of the General Assembly of Fulton County. It shall be necessary that a majority of the votes cast in the entire area be in favor of the Act before it shall become effective.
Page 2856
It shall be the duty of the mayor and council to prepare a list of qualified voters from the territory proposed to be annexed, and to permit only those named upon such list to vote in said election. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 22, 29, Nov. 1961, 6, 13, 20, 27 days of December, 1961, and on the 3, 10, 17, 24 days of January, 1962, as provided by law. /s/ Frank Kempton. Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the session of the General Assembly of Georgia convening in January, 1962, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof; and for other purposes. This 21st day of November, 1961. City of East Point By Ezra E. Phillips East Point City Attorney 1305 Fulton Nat'l Bk Bldg. Atlanta 3, Georgia
Page 2857
Subscribed and sworn to before me, this 30 day of January, 1962. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1963. (Seal). Approved March 3, 1962. CITY OF EAST POINTCHARTER AMENDED. No. 814 (House Bill No. 1106). An Act to amend an Act establishing a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same that: Section 1. The governing authority of the City of East Point shall have the right, power and authority by ordinance to create election precincts, and to define the boundaries of each election precinct within said city, and to provide for more than one election precinct in one ward when said governing authority determines that additional voting precincts therein are necessary and proper, but no such precinct shall include territory in more than one ward. Precincts. Section 2. Said city shall likewise have the right, power and authority, under reasonable ordinances, rules and regulations adopted by the governing authority of said city to acquire, train, maintain, and use suitable and well-trained dogs to search for, trail, track, hunt out, and find, and to catch, hold and prevent criminals from unlawfully escaping or attacking police officers, or committing acts of violence on such officers, and to purchase and pay for such dogs, and for their training, keep and maintenance. Police dogs.
Page 2858
Section 3. Said city shall likewise have the right, power and authority in the discretion of the governing authority of said city to continue or discontinue to pay all or any part of the premium for life, health, accident, hospitalization, and any other form of group insurance which said city may have obtained, or which it may hereafter obtain, and for which it may lawfully pay in whole or in part. Group insurance. Section 4. Said city shall likewise have the right, power and authority to abandon, close and vacate the public street in said city known as East Washington Avenue at the Atlanta and West Point Railroad crossing. Close street. Section 5. The salary or other compensation attached to each office and position as fixed in January of each year for the officers and employees of said city who receive an annual or monthly compensation shall not be increased nor decreased during the year for which it shall have been fixed. Salaries. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 22 29 days of November, 1961, and on the 6, 13 20 27 days of December, 1961, and Jan. 3, 10, 17, 24, 1962, as provided by law. /s/ Frank Kempton. Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the
Page 2859
session of the General Assembly of Georgia convening in January, 1962, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof; and for other purposes. This 21st day of November, 1961. City of East Point By Ezra E. Phillips East Point City Attorney 1305 Fulton Nat'l Bk Bldg. Atlanta 3, Georgia Subscribed and sworn to before me, this 30th day of January, 1962. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1963. Approved March 3, 1962. CITY OF EAST POINTMUNICIPAL COURT. No. 815 (House Bill No. 1107). An Act to amend an Act establishing a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, that: Section 1. The word, Recorder, wherever it appears in an Act, or the title thereof, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.) establishing a new charter for the
Page 2860
City of East Point, and in all Acts amendatory thereof is hereby stricken, and the word, Judge, substituted in lieu thereof, so that after the passage and approval of this Act, the title of the officer who presides over the municipal court of said city heretofore known as the recorder's court, shall be judge instead of recorder. Section 2. The words, Recorder's Court, wherever they appear in an Act, or the title thereof, approved August 19, 1912, (Ga. L. 1912, pp. 862, et seq.) establishing a new charter for the City of East Point, and in all Acts amendatory thereof is hereby stricken, and the words, City Court of East Point substituted in lieu thereof, so that after the passage and approval of this Act the municipal court of said city heretofore known as recorder's court shall be known as the City Court of East Point. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed to the extent of such conflict. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication of which the annexed is a true copy, was published in said paper on the 22 29 days of November, 1961, and on the 6, 13, 20 27 days of December, 1961, and Jan. 3, 10, 17, 24, 1962, as provided by law. /s/ Frank Kempton. Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the
Page 2861
session of the General Assembly of Georgia convening in January, 1962, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof; and for other purposes. This 21st day of November, 1961. City of East Point By Ezra E. Phillips East Point City Attorney 1305 Fulton Nat'l Bk Bldg. Atlanta 3, Georgia Subscribed and sworn to before me, this 30th day of January, 1962. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1963. (Seal). Approved March 3, 1962. CITY OF EAST POINTCORPORATE LIMITS, REFERENDUM. No. 816 (House Bill No. 1108). 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. Be it enacted by the General Assembly of the State of Georgia: Section 1. An Act establishing a new charter for the City of East Point in Fulton County, Georgia, approved
Page 2862
August 19, 1912, (Ga. L. 1912, p. 862, et. seq.) and particularly amended by an Act approved March 5, 1957, (Ga. L. 1957, p. 2429, et. seq.) is hereby amended by extending the city limits of the City of East Point in Fulton County, Georgia, to embrace the territory and inhabitants of the following described area: Being all of land lot 34 of the 13th district of formerly Campbell, now Fulton County, Georgia, lying west of the western line of the right-of-way of the proposed western perimeter route, and that portion of land lot 63 of the 13th district of formerly Campbell, now Fulton County, Georgia, lying north of the north line of the right-of-way of U. S. Highway 29 and west of the western line of the right-of-way of the proposed western perimeter route. Corporate limits. Section 2. Subject to the election hereinafter provided for in this Act, all of said territory and the inhabitants thereof are hereby annexed to and made a part of said City of East Point, subject to the government, jurisdiction, laws, ordinances, rules and regulations of said city as fully and completely for any and all purposes as said city has heretofore embraced within the territorial limits of said city, and the area hereby annexed to said city is hereby attached to and made a part of the second ward of said city. Section 3. Not less than thirty nor more than sixty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of East Point to issue the call for an election for the purpose of submitting this Act as hereinbefore prescribed for approval or rejection. The mayor and council shall set the date for such election for a day not less than thirty nor more than sixty days after the date of the issuance of the call. The mayor and council shall cause the date and the purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official gazette of the City of East Point and the official organ of Fulton County. The ballots shall have printed or written thereon the words:
Page 2863
For approval of the Act extending the corporate limits of the City of East Point. Against approval of the Act extending the corporate limits of the City of East Point. Referendum. All persons desiring to vote in favor of the Act shall vote for approval and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect as of 12:01 a.m., August 15, 1962. If less than a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by the City of East Point. It shall be the duty of the mayor and council to hold and conduct such election under the same laws and rules as govern general elections in said city, 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. It shall be the duty of the mayor and council to hold and conduct such election in such a manner as will enable those persons to vote who have resided or owned property within the territory proposed to be annexed for a period of six months next preceding the date set for such election, and who are otherwise qualified to vote for members of the General Assembly of Fulton County. It shall be necessary that a majority of the votes cast in the entire area be in favor of the Act before it shall become effective. It shall be the duty of the mayor and council to prepare a list of qualified voters from the territory proposed to be annexed, and to permit only those named upon such list to vote in said election. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day
Page 2864
personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 22 29 days of November, 1961, and on the 6, 13, 20 27 days of December, 1961, and Jan. 3, 10, 17, 24, 1962, as provided by law. /s/ Frank Kempton Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the session of the General Assembly of Georgia convening in January, 1962, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof; and for other purposes. This 21st day of November, 1961. City of East Point By Ezra E. Phillips East Point City Attorney 1305 Fulton Nat'l Bk Bldg. Atlanta 3, Georgia Subscribed and sworn to before me, this 30th day of January, 1962. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1963. (Seal). Approved March 3, 1962.
Page 2865
CITY OF EAST POINTEMPLOYEES' RETIREMENT, ETC. No. 817 (House Bill No. 1109). 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. Be it enacted by the General Assembly of the State of Georgia: Section 1. 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 is hereby amended as follows: Section 2. Section 127 of an Act approved March 5, 1957, (Ga. L. 1957, p. 2429 et seq.) is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 127 which shall read as follows: Section 127. Each payday the city shall levy and collect a tax from each and every officer and employee of said city subject to the retirement provisions of this Act, which tax shall be deducted from the salary or other compensation of such officer or employee and paid over to the retirement board of trustees. Said tax shall be an amount equivalent to five percent (5%) of the first $300.00 per month of the salary or other compensation of each such officer or employee. Each month said city shall appropriate and pay from the city treasury to the retirement board a sum equivalent to 5% of the first $300.00 of the monthly salary or other compensation of each and every officer and employee of said city subject to the retirement provisions of this Act. In addition thereto, said city shall appropriate and pay into such retirement fund such amounts as may be necessary to match any amounts paid into such system by an officer or employee of said city to qualify for benefits and comply with the provisions of this Act as amended,
Page 2866
and shall underwrite such deficit in the retirement fund as due payment of the benefits herein provided may at any time require. Contributions. Section 3. Section 139 of an Act approved March 5, 1957, (Ga. L. 1957, p. 2429 et seq.), is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 139 which shall read as follows: Section 139. Members of the retirement system in the armed forces of the United States, on leave from their duties with said city by reason of such military service, shall be entitled to receive retirement credit for such period of time as said member was in military service; provided, however, such member shall pay into the retirement fund a sum equivalent to the amount he would have paid into said fund had he been employed by said city during the time of his military service, less any dividend to which he would have been entitled had he been employed by said city during the time of his military service. Said city shall pay an equal amount into said retirement fund, plus an amount equal to any dividend which said member was entitled to receive, so that the status of such returning member shall be the same as if there had been no military leave. Such returning member shall be allowed to catch up his contributions to said retirement system under and in accordance with such reasonable rules and regulations as may be adopted by said retirement board, and it shall be the duty of said city to deduct such amounts from the salary or other compensation of such returning member, and to pay such amounts to said retirement board from time to time as may be provided by rule, order or regulation of said retirement board. Employees in armed forces. Section 4. Section 141 of an Act approved March 5, 1957, (Ga. L. 1957, p. 2429 et seq.) is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 141 which shall read as follows: Section 141. Any member of the retirement system who shall leave the service of the city for any reason other than retirement shall be refunded all monies he or she has
Page 2867
paid into the retirement fund, less 5% thereof, and less any dividends previously paid to such employee. Said 5% shall remain in said fund, provided, however, that if any such person subsequently returns to the employment of sad city, such person shall not receive credit for the time he or she was not in the service of said city, nor for services rendered prior to such withdrawal unless and until he or she shall have repaid such sum as her or she withdrew, plus 5% thereof, into said retirement fund. Withdrawals. Section 5. Section 136 (a) of an Act approved March 5, 1957, (Ga. L. 1957, p. 2429 et seq.) is hereby amended by striking said subparagraph (a) in its entirety and inserting in lieu thereof a new section 136 (a) which shall read as follows: Section 136 (a) Except as hereinafter provided, to be eligible for retirement, one shall have attained the age of 65 years and shall have paid the required percentage of his or her salary or other compensation into the retirement fund for a minimum of 10 years, or shall have been in the service of said city an aggregate of 25 years and attained the age of 50 years; provided the sum required to be paid by persons not heretofore subject to the provisions of the retirement system shall be 5% of their respective salaries or other compensation of $200.00 or less per month for the time such persons have been in the employ of said city since the 31st day of January, 1946, plus 5% per month of their present salaries or other compensation of $300.00 or less per month for two years next after approval of this Act. All sums paid by such person not heretofore subject to the provisions of this retirement system shall be reduced by the amount of dividend such person would have been entitled to had he been subject to the provisions of the retirement system. Retirement. Section 6. Section 137 of an Act approved March 5, 1957, (Ga. L. 1957, p. 2429 et seq.) is hereby amended by striking subparagraph (a) of said section in its entirety and inserting in lieu thereof a new subparagraph (a) which shall read as follows:
Page 2868
Section 137 (a) Each member of the retirement system retiring after completing 25 years of service with said city shall receive on the last day of each month from said retirement fund for the remainder of his or her life a base monthly benefit equal to one-half of his or her average monthly salary or other compensation of $300.00 or less paid by said city for services rendered during the twelve months next preceding the date of such retirement, and also a bonus benefit of $10.00 monthly for each year such members shall have served said city in excess of 25 years on the date of retirement; but such bonus benefit shall not apply to more than five years, so that the maximum monthly benefits in any case shall not exceed $200.00 for a member retiring after 30 years' service. The monthly benefit members retiring before completing an aggregate of twenty five years' service shall receive, shall be a sum for each year he or she worked for said city equal to one-twenty-fifth of the amount such member would have been entitled to receive monthly upon completion of an aggregate of twenty five years of service to said city. Said benefits shall be paid from the retirement fund herein provided for on the last day of each calendar month. Same. Section 7. Section 142 of an Act approved March 5, 1957, (Ga. L. 1957, p. 2429 et seq.) is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 142 which shall read as follows: Section 142. Notwithstanding any other provisions of this Act, any regular full time officer or employee of said city not heretofore covered by the provisions of this Act may elect to accept the benefits of same by paying into said retirement fund all sums required under section 136 of this Act while serving in active employment of said city. Same. Section 8. Section 146 of an Act approved March 5, 1957, (Ga. L. 1957, p. 2429 et seq.) is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 146 which shall read as follows: Section 146. Said city shall have power and authority
Page 2869
to pay all or such part of the premiums for such amount of group life and hospital insurance for such group, or groups, of its retired officers and/or employees for such time as may be determined by the city council; provided, said city shall not pay on more than ten thousand dollars of insurance for any member of such group. Provided, that the part of the premium payable by such retired officers or employees on such insurance shall be deducted by the city clerk from their retirement benefits with their consent. Group insurance. Section 9. An Act approved March 5, 1957, (Ga. L. 1957, p. 2429 et seq.) is hereby amended by adding a new Section which shall be known as section 146-A and shall read as follows: Section 146-A. Notwithstanding any other provision of this Act, the retirement board, with the consent of the city council, shall have the power to declare and pay from the pension fund to each member of the pension system a dividend in any amount not exceeding the amount which such member has paid into said fund, less 5% thereof, provided however, said retirement board has first determined and found that such dividend may be paid without impairing the ability of said fund to pay pension benefits which may from time to time becomes due. Dividends. Section 10. An Act approved March 5, 1957, (Ga. L. 1957, p. 2429 et seq.) is hereby amended by adding a new section which shall be known as section 146-B and shall read as follows: Section 146-B. The city council shall have the power to waive the levy and collection of the tax imposed upon the members of said pension system pursuant to section 127 of said Act for any period of time as said council deems proper, provided however, said council shall have first determined and found that such levy for any such period of time is not necessary to maintain the ability of said fund to pay any benefits which may from time to time become due. After any such waiver of the levy and collection of said tax by the city council, said retirement board shall
Page 2870
make no demand for payment of said tax to the retirement fund during the time said waiver is in effect. Waiver of contribution Section 11. All laws and parts of laws in conflict herewith are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 22 29 days of November, 1961, and on the 6, 13, 20 27 days of December, 1961, and Jan. 3, 10, 17, 24, 1962, as provided by law. /s/ Frank Kempton. Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the session of the General Assembly of Georgia convening in January, 1962, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof; and for other purposes. This 21st day of November, 1961. City of East Point By Ezra E. Phillips East Point City Attorney 1305 Fulton Nat'l Bk Bldg. Atlanta 3, Georgia
Page 2871
Subscribed and sworn to before me, this 30th day of January, 1962. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1963. (Seal). Approved March 3, 1962. CITY OF ATLANTACORPORATE LIMITS. No. 819 (House Bill No. 1276). An Act to amend an Act establishing a new charter for the City of Atlanta, in the County of Fulton, approved February 28, 1874, and the several Acts amendatory thereof so as to change the corporate limits of said city; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is, hereby excluded from the city limits from the City of Atlanta in the County of Fulton, the municipal corporation aforesaid, the following territory, to-wit: All of that area of Fulton County and inhabitants therein in land lot 227 of the 14th district of Fulton County, Georgia, which area is enclosed within the following geographical boundary lines, to-wit: Beginning at the northeast corner of land lot 227 of the 14th district of Fulton County, Georgia, said beginning point also being located at the southeast corner of land lot 228 of the 14th district of Fulton County, Georgia; running thence in a northerly direction along the land lot line dividing land lot 228 and land lot 221 a distance of 200 feet to an iron pin; running thence in a westerly direction forming an interior angle of 90 degrees with the aforesaid line a distance of 310 feet to an iron pin; running thence southerly and forming an interior angle of 90 degrees with
Page 2872
the aforesaid line a distance of 200 feet to an iron pin located on the land lot line dividing land lot 227 and land lot 228 of the 14th district of Fulton County, Georgia; running thence in a westerly direction along the land lot line dividing land lot 227 and land lot 228 a distance of 1,317.1 feet to an iron pin; running thence in a southerly direction forming an interior angle of 88 degrees 37 minutes with the aforesaid a distance of 1,434.6 feet to an iron pin; running thence in a northerly direction forming an interior angle of 90 degrees 41 minutes with the aforesaid line a distance of 1,610 feet to an iron pin located on the west line of land lot 222 of the 14th district of Fulton County, Ga.; running thence in a northerly direction forming an interior angle of 90 degrees 03 minutes along the land lot line dividing land lot 227 and land lot 222 a distance of 1,414.5 feet to an iron pin and the point of beginning. Territory excluded. Section 2. Notice of intention of the City of Atlanta to apply for this local legislation was published three times in the Fulton County Daily Report in three separate calendar weeks during a period of sixty (60) days next preceding the introduction of this Bill in the Legislature, and a copy of said notice is attached hereto and by reference made a part hereof as required by law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 20, 27 days of December, 1961, and on the 3, 10, 17 days of January, 1962 as provided by law. /s/ Frank Kempton
Page 2873
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 1962 session of the General Assembly of Georgia, which convenes on Monday, January 8, 1962, 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 20th day of December, 1961. J. C. Savage, City Attorney City of Atlanta Subscribed and sworn to before me, this 19th day of January, 1962. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission Expires Oct. 18, 1964. (Seal). Approved March 3, 1962. DEKALB COUNTYWATER WORKS ADVISORY BOARD ACT REPEALED. No. 820 (House Bill No. 1114). An Act to repeal an Act approved March 20, 1943 (Ga. L. 1943, p. 941), creating the DeKalb County Water Works Advisory Board, 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 20, 1943 (Ga. L. 1943, p. 941), creating the DeKalb County Water Works Advisory Board be and the same is hereby repealed in its entirety. 1943 Act repealed.
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Section 2. Notice of intention to apply for the passage of this local bill has been published in the newspaper in which the Sheriff's advertisements for DeKalb County are published, namely, in The DeKalb New Era, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice accompanied by an affidavit to the effect that said notice has been published as provided by law. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1962, session of the General Assembly of Georgia, a bill to repeal the Act creating the DeKalb County Water Works Advisory Board, and for other purposes. This 26th day of December, 1961. Pierre Howard Guy W. Rutland, Jr. James A. Mackay DeKalb County Representatives Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the city of Decatur, being of general circulation and being the legal organ for the county of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention to Apply for Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being December 28, 1961, January 4, and January 11, 1962. The DeKalb New Era /s/ W. H. McWhorter, Managing-Editor.
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Sworn to and subscribed before me this 16 day of January, 1962. /s/ Carl E. Wheeler Notary Public, Georgia, State at Large. My Commission Expires Mar. 23, 1963. (Seal). Approved March 3, 1962. CITY OF SCREVENCHARTER AMENDED. No. 821 (House Bill No. 1118). An Act to amend an Act repealing the charter of the Town of Screven and reincorporating said town as a city and changing the name thereof to the City of Screven, approved March 9, 1959 (Ga. L. 1959, p. 2203), so as to empower the City of Screven, 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 Screven on the 2nd day of October, 1961, 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: Section 1. An Act repealing the charter of the Town of Screven and reincorporating said town as a city and changing the name thereof to the City of Screven, approved March 9, 1959 (Ga. L. 1959, p. 2203), is hereby amended by adding a new section to be entitled Section 14A to read as follows:
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Section 14A. The City of Screven, 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 City of Screven, to public utility corporations, whether publicly or privately owned for the purpose of providing the City of Screven and its inhabitants with gas, electricity, water, sewerage, heat, power, light and other utility services. Franchises. Section 2. Said Act is further amended by adding a new section to be entitled Section 33A to read as follows: Section 33A. 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, public highways, alleys, lanes, ways, parks and other public places of the City of Screven, Georgia, for constructing, maintaining, renewing, repairing and operating a gas works and gas distribution system, and other necessary means for manufacturing, transmitting, distributing and selling of manufactured, natural or commingled gas within and through the City of Screven, Georgia; passed and approved by the mayor and council of the City of Screven on October 2, 1961, be and the same is hereby validated, ratified, confirmed, approved and declared legal and binding in all respects, notwithstanding any defect or irregularity therein or any want of 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 1962 session thereof for the passage of a local bill to amend the charter of the City of Screven, approved August 19, 1907 (Ga. L. 1907, p. 919, et. seq.), as amended, so as to empower
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the City of Screven, 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 Screven on October 2, 1961, 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. Georgia, Wayne County. I, E. C. Davis, 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 Jesup Sentinel, which is an official organ of Wayne 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: January 11, 18 and 25, 1962. /s/ E. C. Davis Sworn to and subscribed before me, this 5th day of February, 1962. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. (Seal). Georgia, Wayne County. Comes now W. B. Rhoden, who is the editor and/or publisher of the Jesup Sentinel which is the official organ for the County of Wayne, and after being duly sworn, deposes and states that the attached legal notice appeared in the
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above newspaper on the following dates: January 11, 18, 25, 1962. /s/ W. B. Rhoden Editor and/or Publisher Sworn to and subscribed before me, this the 26 day of January, 1962. /s/ Irelle Strange Notary Public, Wayne County, Georgia. My Commission Expires October 29, 1962. (Seal). 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 1962 session thereof for the passage of a local bill to amend the charter of the City of Screven, approved August 19, 1907 (Ga. L. 1907, pp. 919, et. seq.), as amended so as to empower the City of Screven, through its governing body, to grant franchises, licenses, easements and rights of way in the public streets, alleys and other 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 Screven on October 2, 1961, 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. E. C. Davis Representative, Wayne County, Georgia Approved March 5, 1962.
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MARION COUNTYSALARIES OF COMMISSIONERS OF ROADS AND REVENUES. No. 822 (House Bill No. 1119). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Marion, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, so as to change the compensation of the chairman and the other members of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Marion, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, is hereby amended by striking from section 7 the figure $600.00 and the figure $300.00, and inserting in lieu thereof the figure $1200.00 and the figure $900.00, respectively, so that when so amended section 7 shall read as follows: Section 7. The chairman of said board of commissioners shall be paid the sum of $1200.00 per annum, payable monthly, and the other members of said board shall be paid the sum of $900.00 per annum, payable monthly, as compensation for their time. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. At the recommendation of the Marion County board of county commissioners, it is my intent to introduce in the General Assembly a bill to increase the salary of the county commissioners of Marion County. E. C. Stevens Georgia, Fulton County. Personally appeared before me, the undersigned authority,
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duly authorized to administer oaths, E. C. Stevens, who, on oath, deposes and says that he is Representative from Marion County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marion County Patriot, which is the official organ of said county, on the following dates: January 4th, 11th and 18th, 1962. /s/ E. C. Stevens Representative, Marion County Sworn to and subscribed before me this 2nd day of February, 1962. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved March 5, 1962. CHARLTON COUNTYFIRE PROTECTION DISTRICT. No. 823 (House Bill No. 1120). An Act to amend an Act providing for the districting of Charlton County into fire protection districts, approved April 5, 1961 (Ga. L. 1961, p. 3019), so as to provide for the deletion of the provision exempting incorporated municipalities from the provisions of the Act; to repeal conflicting laws; and for other purposes. Section 1. An Act providing for the districting of Charlton County into fire protection districts, approved April 5, 1961 (Ga. L. 1961, p. 3019), is hereby amended by striking from section 1 the phrase outside the limits of any incorporated municipality situated, so that when so amended said section shall read as follows:
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Section 1. All that territory located within Charlton County shall constitute a fire protection district. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publisher. Georgia, Charlton County. In person came Doyle C. Lewis, who on oath says that he is 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 of Intention to Introduce Local Legislation, a copy of which is attached hereto, was published three times, appearing in the consecutive issues of January 18, January 25 and February 1, 1962. This 2nd day of February, 1962. /s/ Doyle C. Lewis Publisher, Charlton County Herald Signed sealed and delivered in the presence of /s/ Emmet B. Stapleton, Jr. Notary Public, Georgia, State at Large. My Commission Expires Oct. 6, 1965. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the January 1962 session General Assembly of Georgia a bill to amend an Act providing for the districting of Charlton County into fire protection districts, approved April 5, 1961 (Ga. L. 1961, p. 3019), so as to provide for the deletion of the provision exempting incorporated municipalities from the provision of the Act; and for other purposes.
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This 16th day of January, 1962. H. Ben Rodgers Rep. of Charlton County Approved March 5, 1962. BURKE COUNTYCORONER'S MAXIMUM SALARY. No. 824 (House Bill No. 1128). An Act to provide a maximum salary for the coroner of Burke County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The maximum salary of the coroner of Burke County shall be one thousand seven hundred and fifty dollars ($1,750.00). Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, Burke County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oaths, Roy F. Chalker, who on oath deposes and says that he is publisher of The True Citizen, a newspaper published in the City of Waynesboro, Georgia, of general circulation in Burke County, Georgia, and that the attached advertisement has been published in The True Citizen once a week for 3 weeks in the regular issues of Jan. 10-17-24, 1962. /s/ Roy F. Chalker Sworn to and subscribed before me this 2 day of February. /s/ Reba L. Parker Notary Public, Burke County, Ga. My Commission expires: 12/1/64. (Seal).
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia a bill to provide a change in the salary of the coroner of Burke County; and for other purposes. This 4th day of January, 1962. M. K. Tucker P. B. Lewis Representatives, Burke County Approved March 5, 1962. CITY COURT OF ELBERTONMETHOD OF PAYING SOLICITOR. No. 825 (House Bill No. 1130). An Act to amend an Act entitled An Act to establish the City Court of Elberton in Elbert County; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes., approved December 19, 1896 (Ga. L. 1896, p. 287), as amended by an Act approved December 1, 1900 (Ga. L. 1900, p. 135), an Act approved December 13, 1902 (Ga. L. 1902, p. 125), an Act approved July 29, 1912 (Ga. L. 1912, p. 215), an Act approved February 16, 1950 (Ga. L. 1950, p. 2610), an Act approved February 6, 1952 (Ga. L. 1952, p. 2211), and an Act approved February 8, 1955 (Ga. L. 1955, p. 2117), so as to change the method of paying the solicitor's 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 establish the City
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Court of Elberton in Elbert County; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein, and writs of error therefrom, and for other purposes., approved December 19, 1896 (Ga. L. 1896, p. 287), as amended by an Act approved December 1, 1900 (Ga. L. 1900, p. 135), an Act approved December 13, 1902 (Ga. L. 1902, p. 125), an Act approved July 29, 1912 (Ga. L. 1912, p. 215), an Act approved February 16, 1950 (Ga. L. 1950, p. 2610), an Act approved February 6, 1952 (Ga. L. 1952, p. 2211), and an Act approved February 8, 1955 (Ga. L. 1955, p. 2117), is hereby amended by providing that the solicitor's salary is to be paid to him each month out of the treasury of the County of Elbert. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. February 3, 1962 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 the publisher of The Elberton Star which is the official organ of Elbert County and the City of Elberton, and that the affixed notice of intention to apply for local legislation was published in said organ on January 5, 9, 16, 23 of this year. /s/ G. T. Christian Publisher, The Elberton Star /s/ Sue S. Turner Notary Public. My Commission Expires April 16, 1963. (Seal).
Page 2885
Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce in the 1962 General Assembly of Georgia, a bill to amend the Act creating the City Court of Elberton in Elbert County, as amended, so as to provide for payment of the Solicitor's salary from the general county treasury in lieu of the present method of paying said salary from the fine and forfeiture fund of said court. Said salary will not be increased nor decreased by virtue of this bill. This 4 day of January, 1962. Dr. J. H. Miller Representative from Elbert County to the General As- sembly of Georgia. Approved March 3, 1962. CITY OF WRIGHTSVILLECHARTER AMENDED. No. 826 (House Bill No. 1131). An Act to amend an Act creating a new charter for the City of Wrightsville, approved August 18, 1923 (Ga. L. 1923, p. 840), as amended, so as to change the qualifications for office; to authorize the mayor and council to set the salary for the clerk of the council and city treasurer; to change the compensation of the mayor and council; 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 Wrightsville, approved August 18, 1923 (Ga. L. 1923, p. 840), as amended, is hereby amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. No person shall be eligible to be elected
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mayor or councilman unless such person is a qualified voter of said city at the time of his election and had fifteen (15) days prior to the November election qualified and applied to seek office with the city clerk. Qualifications of candidates. Section 2. Said Act is further amended by striking section 13 in its entirety and inserting in lieu thereof a new section 13 to read as follows: Section 13. At its first regular meeting, the mayor and council of Wrightsville shall elect a clerk of council and a city treasurer. They shall take such oath of office as the mayor and council may prescribe and shall give bond in such manner as the mayor and council may deem sufficient to guarantee the faithful performance of their duties. The clerk shall be the clerical officer of the council and his duties shall be such as may be prescribed by the ordinances of the city and by the mayor and council. The compensation of the clerk and city treasurer shall be set solely in the discretion of the mayor and council, to be paid in equal monthly installments out of the funds of the city treasury. Salaries of clerk and treasurer. Section 3. Said Act is further amended by striking section 19 in its entirety and inserting in lieu thereof a new section 19 to read as follows: Section 19. The mayor and council shall have the power to organize a mayor's court and the mayor or acting mayor shall preside therein and shall hold a police court in said city at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said city, and shall keep a docket upon which he shall plainly enter all cases and judgments tried or rendered by him, the punishment inflicted not to exceed a fine of one hundred dollars or imprisonment in the guard house or labor on the chain gang of said city not to exceed ninety days, together with the cost of trial, which judgment may be made in the alternative in the discretion of the mayor. It shall be the duty of such mayor to act as the presiding officer of the council, or the mayor pro tem. in his absence, when in session, and look after the promotion of the peace and good order and the enforcement of ordinances, by-laws, rules and
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regulations of said city, and upon investigation of the case it should appear that some law of this State has been violated, it shall be the duty of the mayor or acting mayor to commit such offender or offenders to the common jail of Johnson County or cause them to give good and sufficient bond to appear at the next term of the Johnson Superior Court or the City Court of Wrightsville; that the mayor shall receive as compensation the sum of nine hundred dollars ($900.00) per annum to be paid in equal monthly installments out of the common or general funds of said city; provided, however, should the mayor pro tem. be required to serve as much as thirty days continuously, then he is to receive a pro rata amount of said salary for such time and such amount shall be deducted from the mayor's salary unless it should appear that such absence of the mayor is provdiential. Each councilman shall receive as compensation the sum of three hundred dollars ($300.00) per annum to be paid in equal monthly installments out of the common funds in the treasury of said city. Mayor's court. Salaries of mayor and councilmen. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Johnson County: To Whom It May Concern: Notice of Local Legislation. Notice is hereby given that a bill will be introduced in the 1962 General Assembly of Georgia to amend the charter of the City of Wrightsville in the following particulars: 1. To provide that no city primaries will have to be held for the nomination of the mayor and council, and further provide that they shall be elected in a general election on the 10th day of November every two years. 2. To provide for the qualification and salary of the clerk of the mayor and council of the City of Wrightsville. 3. To provide for the salary of the mayor and council of the City of Wrightsville and for other purposes.
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This 2nd day of January, 1962. Mayor and Council of the City of Wrightsville Georgia, Johnson County. Personally appeared before the undersigned authority authorized to administer oaths, Charles T. McMichael, who being duly sworn on oath says, that he is the owner and publisher of The Wrightsville Headlight, a newspaper having general circulation in said County, and being the newspaper in which the sheriff's advertisements are published, and that the attached and foregoing advertisement concerning local legislation was duly published in said paper on the following dates: January 18, 1962; January 25, 1962; February 1, 1962. This the 3rd day of February, 1962. /s/ Charles T. McMichael Sworn to and subscribed before me, this 3rd day of February, 1962. /s/ Mary S. Frost Notary Public, Georgia, State at Large. My Commission expires May 23, 1962. (Seal). Approved March 3, 1962. CITY OF REIDSVILLECORPORATE LIMITS. No. 827 (House Bill No. 1134). An Act to amend an Act incorporating the City of Reidsville, by abolishing the present charter of said city and writing a new charter for the same, approved February 19, 1951 (Ga. L. 1951, p. 2592), so as to change the corporate 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 incorporating the City of Reidsville, by abolishing the present charter of said city and writing a new charter for the same, approved February 19, 1951 (Ga. L. 1951, p. 2592), is hereby amended by striking from section 1 the following: the starting point of said city shall be where the center of the paved road from Glennville to Reidsville joins the center of the paved road from Claxton to Lyons, being opposite the vault of the ordinary's office in the courthouse. Beginning at this starting point and running 990 yards in a straight line towards Glennville, said straight line running down the paved road towards Glennville. Then said boundary line turning to the right at a right angle and running in a straight line one mile towards the Ohoopee River. Then turning to the right at right angle and running a straight line in a westerly direction 1860 yards. Then turning to the right at a right angle and running a straight line in a northerly direction two miles and 100 yards. Then turning to the right a right angle and running a straight line in an esterly direction 1860 yards. Then turning to the right at a right angle and running a straight line in a southern direction to the point in the paved road from Glennville to Reidsville 980 yards from the starting point of said city. and inserting in lieu thereof the following: the corporate limits of the City of Reidsville shall be as follows: Beginning at a point marked by an iron stake situated in the middle of the paved highway leading from Reidsville, Georgia, to Glennville, Georgia (State Highway number 121), which point (the point of beginning) is located south 47 degrees 57 minutes east 2,200 yards from an iron stake in the center of the intersection of Church Street and Brazell Street in front of the Tattnall County courthouse, and running from said point of beginning south 42 degrees 03 minutes west 2,200 yards to a point, thence north 47 degrees 57 minutes west 4,400 yards to a point, thence north 42 degrees 03 minutes east 4,400 yards to a
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point, thence south 47 degrees 57 minutes east 4,400 yards to a point, thence south 42 degrees 03 minutes west 2,200 yards to the point of beginning. so that when so amended said section shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the corporate limits of the City of Reidsville shall be as follows: Beginning at a point marked by an iron stake situated in the middle of the paved highway leading from Reidsville, Georgia, to Glennville, Georgia (State Highway number 121), which point (the point of beginning) is located south 47 degrees 57 minutes east 2,200 yards from an iron stake in the center of the intersection of Church Street and Brazell Street in front of the Tattnall County Courthouse, and running from said point of beginning south 42 degrees 03 minutes west 2,200 yards to a point, thence north 47 degrees 57 minutes west 4,400 yards to a point, thence north 42 degrees 03 minutes east 4,400 yards to a point, thence south 47 degrees 57 minutes east 4,400 yards to a point, thence south 42 degrees 03 minutes west 2,200 yards to the point of beginning. That the above described boundaries of said city is hereby incorporated under the name and style of the City of Reidsville, and by that name shall be, and are, the said inhabitants of said area, hereby vested with all the rights, powers and privileges, incident to municipal corporations in said State, and all the rights, powers, privileges, titles, property, easements and hereditaments heretofore belonging to the City of Reidsville, or the mayor and council thereof, are hereby vested in the present City of Reidsville created by this Act. And the said City of Reidsville may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common or corporate seal, make and enact through and by its mayor and council such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as to such city council and mayor may seem best, and which shall be consistent with the laws of the State of Georgia and of the United States. And the said City of Reidsville shall be
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able by law, and is hereby authorized and empowered to purchase, hold, rent, lease, receive by donation or otherwise, sell, exchange, enjoy, possess and retain, temporarily or perpetually, for any period of time, any property, real or personal, any estate, lands, tenements and hereditaments of any kind whatsoever, whether within or without the corporate limits of said city, for corporate purposes. Said City of Reidsville, created by this Act, is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings of the former City of Reidsville, which all charter of said city is hereby repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit. Georgia, Tattnall County. Personally appeared before the undersigned attesting officer authorized by law to administer oaths Russell B. Rhoden who after being duly sworn according to law, deposes and says on oath that he is managing editor of The Tattnall Journal, a newspaper of said county which sheriff's advertisements are published, and that the above and attached Notice of Intention to Apply for Local Legislation was duly published in said newspaper in the issues of January 18, 1962, January 25, 1962, and February 1, 1962. /s/ Russell B. Rhoden Sworn to and subscribed before me, this the 13th day of January, 1962. /s/ Evelyn C. Hattaway Notary Public. (Seal). Notice of Intention to Apply for Local Legislation. This is to notify all interested parties that legislation will be introduced at the 1962 session of the General Assembly of Georgia to amend the charter of the City of Reidsville,
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Georgia, with reference to the corporate limits of the City of Reidsville. W. S. Smith, Mayor. Notice of Intention to Apply for Local Legislation. This is to notify all interested parties that legislation will be introduced at the 1962 session of the General Assembly of Georgia to amend the charter of the City of Reidsville, Georgia, with reference to the corporate limits of the City of Reidsville. W. S. Smith, Mayor. 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: Jan. 18, 25, 1962, February 1, 1962. /s/ H. E. Kirkland Representative, Tattnall County Sworn to and subscribed before me this 5th day of February, 1962. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 3, 1962.
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ACT PROVIDING RETIREMENT FOR EMPLOYEES OF CITIES HAVING POPULATION OF MORE THAN 150,000 PERSONS AMENDED. No. 828 (House Bill No. 1136). 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 credit for prior service with the United States Government where such services while compensated for by the United States Government was performed for such city and was service similar to that subsequently performed as an employee of such city, to provide credit for service in the American Red Cross, 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. Any person qualified for pension benefits under this Act, as amended, who was employed by the United States Government, prior to his employment by such city, to perform duties for such city within the county similar to the duties subsequently performed as an employee of such city, may receive credit for such service for pension benefits under this Act, as amended, upon the same terms and conditions as set out in section 5 and the subsections thereof of the Amendment approved March 13, 1957. Military service. Section 2. Any person qualified for such benefits under this Act, as amended, who was given a special Military leave to do war time duty in the American Red Cross, may
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receive credit for such service for pension benefits under this Act, as amended, upon the same terms and conditions as set out in section 5 and the sub-sections thereof of the Amendment approved March 13, 1957. American Red Cross service. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. CITY OF QUITMANNEW CHARTER. No. 829 (House Bill No. 1137). An Act to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia, pertaining to the City of Quitman in the County of Brooks; to provide for the government of said City; to provide for the officials thereof, and for their selection, oath, bond, compensation and powers and duties; to provide for elections and registration therefor; to provide for a police court in said City; to provide for public improvements and for assessments therefor; to provide for taxation, fees and charges by said City; to provide for the powers, duties and responsibilities of said City; to repeal certain Acts of the General Assembly; and for other purposes. Be it enacted by the General Assembly of Georgia: Article I. Incorporation, Boundaries. Section 1. Incorporation. The inhabitants of the territory now embraced in the corporate limits of the City of Quitman, located in the County of Brooks, State of Georgia, are hereby incorporated and made a City under the name and style of the City of Quitman, hereinafter referred to as the city and by that name shall have perpetual succession. Said city is hereby vested with all the rights, powers and privileges incident to municipal corporations in this
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state or cities thereof. All rights, powers, titles, property, easements and hereditaments now belonging to the city, and to the board of commissioners thereof, shall be and are hereby vested in the City of Quitman as created by this Charter. Said city may, by its corporate name, sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, and make and enact through its board of commissioners such ordinances, rules, regulations and resolutions for the transaction of its business and for the welfare and proper government of said city as the board of commissioners may deem best, and which shall be consistent with the laws of the State of Georgia and of the United States. The city is empowered to purchase, hold, rent, lease, receipt, sell, exchange, enjoy, possess, and retain in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements and hereditaments, of whatsoever kind, within or without the limits of the city, for corporate purposes. Said city is hereby made responsible as a body corporate for the legal debts, liabilities and undertakings of the City of Quitman as heretofore incorporated. Section 2. Corporate limits. The corporate limits of the city shall extend one mile in every direction from the present site of the County Courthouse of Brooks County, Georgia. Article II. Board of Commissioners. Section 3. Government vested in board of commissioners. The government of the city shall be vested in a board of commissioners composed of five citizens, who shall be known as the Board of Commissioners for the City of Quitman. Section 4. Office vacated for failure to perform duties. Should any member of the board of commissioners fail or refuse to perform the duties of his office for the term of three consecutive months, the office may, in the discretion of the remaining members of the board of commissioners, be declared vacant and the vacancy filled as provided in the following section.
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Section 5. Filling vacancies in board of commissioners. In the event that the office of any one or more members of the board of commissioners shall become vacant by death, resignation, removal or otherwise, the chairman of the board of commissioners, or in case his seat is vacant, the majority of said board, shall order an election for the purpose of filling such vacancy or vacancies by giving notice, such as the board of commissioners may by ordinance provide, publishing said notice in one or more of the newspapers published in the city; and said election shall be held, returns made and results declared in the same manner as in the regular elections for members of the board of commissioners. Provided, that in case such vacancy or vacancies occur within ninety days preceding any regular election in the city, said vacancy or vacancies may be filled by the board of commissioners. Section 6. Election, term of commissioners. The members of the board of commissioners holding office on the effective date of this Charter shall continue in office until the expiration of their terms as prescribed by law prior to said effective date. When said terms expire, their successors shall be elected for terms of three years beginning January first and until their successors are elected and qualified. Section 7. Eligibility to serve as commissioner. Members of the board of commissioners shall be elected by the qualified voters of the city, and no person shall be eligible for the office of a commissioner unless he shall have resided in the city one year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said city and entitled to register under the registration laws in force at the time, and shall not have been convicted of any crime involving moral turpitude. Section 8. Procedure in case of a tie in commission elections. In case there is a tie vote between candidates for the board of commissioners, a new election shall be ordered by the Ordinary of Brooks County, in not less than ten days or more than fifteen days from the election, which election shall be only between the candidates receiving the same number of votes, and elections shall be called as often as
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may be necessary by the ordinary until a candidate or candidates shall be elected. Section 9. Oath commissioners. On or before the first day of January of each year the commissioner or commissioners elected shall be notified of their election and shall appear before a judge or clerk of some court of record or before some justice of the peace and take and subscribe the following oath or affirmation: I swear (or affirm) that I will faithfully and impartially demean myself as a member of the Board of Commissioners for the City of Quitman during my continuance in office and in all things pertaining to my office. I will be governed by what in my judgment is for the public good and the best interest of the City of Quitman, so help me, God. Section 10. Salary of commissioners. Each member of the board of commissioners shall receive a salary of thirty-five dollars per month, except the chairman, who shall receive a salary of fifty dollars per month. Section 11. Time commissioners to devote to office; commission meetings, voting. The members of the board of commissioners shall devote as much of their time to their duties as may be necessary. The said board of commissioners shall meet at least once each month at stated periods, and shall hold its meetings in public except when it deems executive session necessary, shall keep minutes of its proceedings, and shall record all its actions. All votes shall be taken by aye and no and shall appear on the minutes. It shall be required to meet at such times and as often in extra meetings as any two of them or the chairman may designate or call. Section 12. Appointment of chairman. The board of commissioners shall, at their first meeting in each year elect one of their members as chairman of the commission or, if unable to agree, the Ordinary of Brooks County shall appoint one of the commissioners as chairman of the commission. Section 13. Chairman pro tem. The chairman of the
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board of commissioners shall appoint one of the commissioners chairman pro tem, who shall exercise the routine duties of the chairman in case of the chairman's absence or inability to act for any reason. Section 14. Administrative duties of chairman. The chairman of the board of commissioners shall be the chief executive officer of the city. He shall preside at all meetings of the board of commissioners and shall have the power to convene the board of commissioners in extra session whenever in his judgment it becomes necessary. Section 15. Interest in contracts prohibited. It shall be unlawful for any member of the board of commissioners to be interested either directly or indirectly, in any contract having for its object the improvement of the city or any part thereof, or providing for the expenditure of its money. Any violation of this section by any member of the board of commissioners shall, on conviction thereof, be punished as for misdemeanors under the Georgia Code. Section 16. Quorum, vote required. Four members of the board of commissioners shall constitute a quorum for transaction of any business before the board, and the majority of the votes cast shall determine questions before the board; provided, that every question so determined or ordinance passed shall receive not less than three votes. Section 17. Powers of commission specified. In addition to all other powers conferred by this charter or by general law, the board of commissioners shall have full power and authority to: (a) Adopt ordinances binding on everyone within the city to protect the health, peace, safety, good order, dignity and general welfare of the city and its inhabitants. (b) Codify all ordinances, rules or regulations, and to adopt said codification by ordinance. A copy of said codification, when duly certified as being a true copy by the city clerk, shall be received in evidence in all courts of this state.
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(c) Exercise full and complete control over the streets, sidewalks, curbs, gutters and public places in the city, and shall have authority to regulate the use or occupancy thereof. The board of commissioners shall have the authority to compel the removal of any poles or wires which have become a nuisance and interfere with traffic or travel on the streets, to any location designated by the board of commissioners, and in case the owner of such poles or wires shall fail to remove them within a reasonable time after being notified to do so, the board of commissioners shall have the authority to remove the same at the expense of the owner. (d) Condemn property for the purpose of laying out new streets and alleys, and for widening, straightening and grading or in any way changing street lines and sidewalks of the city, and for other public works and improvements. When the board of commissioners shall desire to exercise the power and authority herein granted, it may be done whether the land to be condemned is in the hands of an owner, trustee, executor, administrator, guardian or agent, in the manner provided by Chapters 36-2 through 36-6, inclusive, of the Georgia Code. (e) Exercise full and complete authority and power in its discretion to close, vacate or abandon any streets, sidewalks, alleys or squares by appropriate ordinance, and shall have authority and power to quitclaim any interest of the city to any streets, sidewalks, alleys or squares vacated, closed or abandoned. (f) Prescribe by ordinance such rules as the board of commissioners in its discretion may deem necessary to grade, pave, curb or otherwise improve the streets, alleys and ways in said city and to enforce by execution the costs thereon on adjacent property. (g) Remove or cause to be removed any buildings, steps, fences, gates, posts or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or other public places in the city. Provided, however, that the board of commissioners shall have authority to grant for a fair and
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reasonable consideration, which shall be paid into the city treasury, the right to erect, maintain and also to sanction the continuance of any structure, or encroachment on any street, alley, sidewalk or other property of said city, upon such terms as the board of commissioners may fix by ordinance, but no such grant shall be made for a term longer than ten years; provided further that in making such grant the board of commissioners shall have due regard for the interests of the property holders of the city affected thereby. (h) Organize one or more work gangs and confine therein persons who have been sentenced by the police court to work upon the public works of the city, and shall have the power to make rules and regulations suitable or necessary for the care or control of said gangs. (i) Establish a system of numbering buildings in the city, assign appropriate street numbers to said buildings, and compel said buildings to be numbered. (j) Establish and operate systems of waterworks, sewerage, electrical generation or distribution, or natural, artificial or liquid gas, or any of them, for the purpose of supplying its inhabitants and the city, as well as consumers generally, with water, electricity, sewerage or gas, or any of them. The board of commissioners shall have the right and power to do any and all things necessary for such purposes, to contract with any person or persons for the purchase of land or premises to be used in connection therewith, whether within or without the city, and if necessary to condemn the same as provided in Section 65 of this charter. The board of commissioners shall have the power and authority to make contracts for the purchase of plants, machinery and other equipment, and to contract with the inhabitants of the city and with consumers beyond the city for the furnishing of such utilities. (k) Exercise full and absolute control of all city pipes, sewers, private drains, plumbing, plumbing fixtures, and the like in the city, with full power to prescribe their location, structure and use, and to make such regulations concerning
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them in all particulars as may seem best for the preservation of the health and comfort of the inhabitants of the city. The board of commissioners shall have full power and authority to prescribe the kind of plumbing and plumbing fixtures to be used in the city, and shall have the power to condemn and compel the disuse of the same when they do not conform to the kind prescribed for use by the board of commissioners, or whenever they shall become a nuisance. They shall also have power and authority to compel the owners to connect their premises with the sanitary sewer system of the city when the property is located on or near a street where there are such sewers, and such connections shall be under such rules and regulations as may be prescribed by the board of commissioners. If property owners fail to make such connections within the time prescribed by the board of commissioners, the board may make such connections and assess the cost thereof against the real estate. (l) Declare by ordinance what shall be a nuisance in the city and provide for the abatement of same, either at the expense of the city or of the owners or occupants of the property on which said nuisances exist. The police court in the city shall have concurrent jurisdiction with the board of commissioners in respect to the trial and abatement of all nuisances in the city. (m) Enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, declare and maintain quarantine regulations against such diseases, and punish for violations of any of said quarantine regulations. They shall have power to build or establish a hospital or clinic within or without the city, and to compel the removal thereto of any person or persons having a contagious disease when in their judgment it is best for the welfare and health of the city. They shall have the power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians at the expense of the city to vaccinate all persons who are unable to procure said vaccination, and they may provide by ordinance for the punishment of persons failing to be vaccinated.
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(n) Provide for the inspection of steam boilers and regulate or prevent the storage or use of combustible or explosive substances or materials within the city. (o) Provide for the prevention of fire within the city and for the protection of life and property therefrom. (p) Establish fire limits and prescribe by ordinance such rules and regulations as they see fit for the regulation of buildings erected within the city, or for the repair or maintenance of said buildings, and they may prescribe the materials to be used and the manner of erecting, repairing, or maintaining the same. They shall have the power to compel changes in construction or arrangement or may compel the removal of buildings or of fixtures therein when in their judgment the same are dangerous, or likely to be so, or are in violation of the ordinances of the city, and may make the owner or occupant of the premises pay the expenses of the change or removal, which expenses may be collected by execution in the same manner as taxes. (q) Pass all by-laws and ordinances respecting public property, whether real or personal, care of the poor, supervision of disorderly houses, and for the prevention of disorderly conduct, liable to disturb the peace or tranquility of any citizen therein. (r) Pass ordinances and regulations preventing idleness, vagrancy and loafing on the streets or other public places within the city and prescribe a penalty for the violation thereof. (s) Regulate and prevent the running at large within the city of animals of all kinds and descriptions, impound such animal or animals when found upon the streets of the city, and charge such impounding fees as they may prescribe. In addition thereto, the board of commissioners may charge for the keep of any animal or animals so impounded. When the owner or owners of any animal or animals shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals, said animal or animals may be
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sold at public auction and the proceeds applied to the payment of said fee and cost under such rules and regulations as may be prescribed by the board of commissioners. (t) Protect all places of divine worship and cemeteries in the city, and provide one or more cemeteries for the burial of the dead, either within or without the city, regulate interments therein, and expend annually a sufficient sum for the proper keeping of said cemetery or cemeteries. (u) Authorize by ordinance the marshal or any policeman of the city to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinance of the city, or any law of this state, and provide a punishment for any person or persons failing or refusing to obey such summons. (v) Pass such ordinances as they may think proper to prohibit, regulate or license the sale, possession, distribution or consumption of spirituous, vinous, malt, or intoxicating liquors within the city, and may abate violations of such ordinances as nuisances. The marshal and policemen of the city shall have full power and authority to enter, and if necessary, to break open and enter, any place in the city which the board of commissioners may have reasonable cause to believe, or may suspect to be a place where spirituous, vinous, malt or intoxicating liquors are sold in violation of law or of any ordinance of the city, and to seize the stock of said liquors and the apparatus for selling the same. Upon the conviction of any person for maintaining a nuisance, as above stated, and as a punishment for same, the board of commissioners, or the chairman thereof, shall have full power and authority to cause the marshal and policemen of the city to seize and destroy the stock of liquors of said person and the apparatus for selling same; and to otherwise punish the offender or offenders as may be prescribed by ordinance. (w) Issue and sell bonds for the purpose of paying bonds of the city and interest thereon, and for any public or other purpose allowed by the Constitution and laws of this state,
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and to issue and sell revenue anticipation certificates as now or hereafter allowed by law. (x) Regulate vehicular and pedestrian traffic in the city, and relieve congestion of the same by use of devices known as parking meters, by means of which the time a vehicle occupies a designated area for parking is measured by a timing device operated by depositing a coin therein, and may use the proceeds from the operation of parking meters to pay for off-street parking facilities or to contract with one or more other persons, firms or corporations to provide such off-street parking facilities. The city may rent such facilities and use the rents therefrom to further provide off-street parking facilities. Section 18. Zoning powers. The board of commissioners 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 frontage. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the board of commissioners 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 board of commissioners may provide by ordinance for a zoning commission to be composed of not more than three members to be elected
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by the board of commissioners and to prescribe their powers and duties; is 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 board of commissioners; 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 Brooks County. In addition to the above power of planning and zoning, the city is authorized to adopt any Act of the General Assembly conferring planning and zoning powers upon municipalities, counties or municipalities and counties. Section 19. Penalty for violating ordinances or charter. Any violation of this charter or any ordinance of the city shall be punished by a fine not to exceed three hundred dollars, imprisonment in the city prison or in the county jail (having previously arranged therefor with the county authorities) not to exceed sixty days, and to work upon the streets or other public places as the board of commissioners or marshal may designate not to exceed four months. Any one or more of these punishments may be inflicted by the court in its discretion, and the fine imposed may be collected by execution. Each day any such violation shall continue shall be a separate offense. Article III. Appointive Officers, Employees and Commissions. Section 20. Appointment of officers; oath, bond. At the first regular meeting of the board of commissioners, which shall be held within thirty days after the commissioners are elected, they shall elect a city clerk and a city treasurer, which offices may be consolidated, a city manager, a city marshal who may be chief of police, as many policemen as in the judgment of the said board of commissioners shall be necessary, a city attorney and such other officers as the board of commissioners shall deem necessary in the government of the city. Each of said officers shall take such oaths and give such bond as the board of commissioners may by
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ordinance prescribe. All bonds of officers shall be made payable to the City. Section 21. Commission to ratify appointment, fix term, prescribe duties, set salary, discharge. The board of commissioners shall have the power to ratify the election and employment of all officers, agents and employees of the city, and is authorized to fix the term of office and employment, to prescribe the duties, to name the compensation, to ratify the discharge from service without cause or notice of any officer, employee, or agent of the city, or to discharge such officer, employee or agent as provided in section 24 (j) of this charter, and to designate the office and employment by such name as the commission deems expedient, except as in this charter otherwise provided. Section 22. Powers of marshal. The marshal of the city shall be empowered to levy and collect all executions in favor of the city, to advertise and sell property levied on thereunder, and to make all deeds where sales are made under executions. The marshal shall have the same authority to place purchasers at marshal sales in possession as sheriffs of this state have, and deeds to real estate sold by the marshal under execution shall have the same force and effect and shall be admitted in evidence as are sheriffs deeds in this state. The marshal shall have such other and further powers and duties as may be conferred or imposed upon him by ordinance by the board of commissioners. Section 23. Authority of police to arrest, confine offenders. It shall be lawful for the marshal or any policeman of the city to arrest without warrant any person committing an offense against the ordinances of the city or the laws of the state in his presence, or if the offender is endeavoring to escape, or if for any cause there is likely to be a failure of justice for want of an officer to issue a warrant, and said marshal or policeman is authorized to hold such person so arrested until a hearing of the matter can be had before the proper officers. To this end said arresting officers are authorized to confine any person arrested by them in the city prison or in the jail of Brooks County for a reasonable
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length of time. The marshal and policemen of the city are authorized to the same extent as sheriffs of this state to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this state. The marshal and policemen of the city are also authorized to arrest anywhere within the limits of this state, upon warrant, any person charged with violating any of the ordinances of the city. Section 24. City managerAppointment, powers, duties. The city manager shall be the administrative head of the municipal government and shall be responsible for the efficient administration of all departments. He shall devote his entire time to his office. He shall be appointed without regard to his residence, political beliefs or affiliation. During the absence or disability of the city manager the board of commissioners may designate some properly qualified person to execute the functions of the office. The powers and duties of the city manager shall be: (a) To see that all laws and ordinances are enforced. (b) To exercise control over all departments and divisions of the city, or which may be hereafter created by the board of commissioners. (c) To attend all meetings of the board of commissioners, with the right to take part in all discussions, but having no vote. (d) To recommend to the board of commissioners for adoption such measures as he may deem necessary and expedient. (e) To prepare and submit to the board of commissioners an annual budget. (f) To keep the board of commissioners fully advised as to the financial condition and needs of the city.
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(g) To supervise and direct the official conduct of all appointive city officers, except as otherwise provided in this charter. (h) To supervise the performance of all contracts made by any person for work done for the city, and to make all purchases of materials and supplies for the city under rules and regulations of the board of commissioners. (i) To perform such other duties as may be prescribed herein or as may be required of him by ordinance or resolution of the board of commissioners. (j) To appoint and discharge all subordinate officers and employees in all departments; all appointments to be made upon merit and fitness alone; said right of appointment and discharge being subject to the ratification and approval of the board of commissioners at its next regular meeting after such appointment or discharge; provided, however, that if the board of commissioners shall desire the discharge of any officer or employee of the city and the manager shall, upon demand of the board of commissioners, refuse to discharge such officer or employee, said board of commissioners may, by proper order passed at a regular meeting, discharge such officer or employee. Section 25. SameSalary, removal. The board of commissioners shall fix the compensation or salary of the city manager. The city manager may be removed from his office or employment at any time by a majority vote of the board of commissioners without cause or notice. Section 26. SameReports to commission. The board of commissioners may require the city manager to come before them at any time and answer questions either orally or in writing and may require from said city manager, at any time they see fit, written reports upon any matter involving the city that they deem proper. The city manager shall report monthly to the board of commissioners his general actions and doings, and shall regularly at stated intervals, at least quarterly, file full and complete reports of the various departments of the city.
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Section 27. Bond commissionAuthorized; duties. The board of commissioners shall have the power and authority to create a bond commission, which shall be composed of three freeholders of the city and shall be chosen as follows: The board of commissioners may, at any time after the passage of this charter, select three freeholders from the citizens of the city to constitute said bond commission. Members of said commission shall serve for terms of three years and until their successors are chosen and qualified; provided, however, that the ordinance establishing said commission shall provide that the initial three appointees thereto shall serve for terms of one, two and three years respectively. The bond commission shall handle and control such sums as shall from time to time be turned over to them for the purpose of raising a sinking fund for the redemption of the bonds which now exist, or which may hereafter exist, as well as provide for the interest which may become due on the bonds previously issued or any bonds which may be issued by the city in the future. Section 28. Duties of treasurer, board of commissioners. The city treasurer shall immediately open up an account on his books with the bond commission of the city, when such a commission shall be created, and shall turn over to said commission all taxes collected under existing laws, or which may be raised in the future for the purpose of paying any bonded debt, or any interest thereon due or against the city. The board of commissioners shall pay over to the bond commission annually a sufficient sum to pay the accruing interest on the amount required by law to be held as a sinking fund for the final redemption of any bonded indebtedness. Article IV. Elections. Section 29. Eligibility to vote in city elections. All persons qualified to vote for members of the General Assembly of this State, and who shall have paid all taxes legally imposed and demanded by the authorities of the city, and shall have resided in the city six months prior to the election at which they offer to vote, and shall have registered as required by the registration laws of said city, shall be qualified to vote at any election provided for in this charter.
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Section 30. Commission to provide for registration. The board of commissioners shall have power to provide for the registration of voters, make all needful laws and regulations therefor, and require that no person be permitted to vote in any election unless registered; provided that the books of registration shall be open at least forty days immediately preceding any city election which may be held in said city, and shall be closed ten days before said election; and provided, when any voter has registered for the regular annual election for members of the board of commissioners no further registration shall be required of said voter at any intermediate election for officers held during the year immediately succeeding the date when he so registered; but it shall be the duty of the official or officials making out the list of voters for the managers at such intermediate election to purge the list of names of persons who may have become disqualified since the last regular election for members of the board of commissioners. The board of commissioners shall pass an appropriate ordinance effectuating this section. Section 31. Prohibited campaign practices. No candidate for the board of commissioners shall solicit votes for himself or others, or promise to appoint him to office, or promise to vote for such person or any other person for any office or employment under the city. The board of commissioners shall have the authority to designate and define what shall constitute solicitation of votes. Any violation of this section shall be punished as provided in section 19 of this charter. Section 32. Where elections held; hours; majority required. All elections shall be held at the county courthouse in the city, and the voting shall be by ballot. The polls shall be opened at 8:00 a.m. and closed at 6:00 p.m. Persons receiving the highest number of votes for the respective offices shall be elected. Section 33. Appointment, compensation; oath of election managers. All elections held under the provisions of this charter, and all elections in which any subject or question
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is submitted to the qualified voters of the city, shall be managed by a justice of the peace, or some other judicial officer, and two freeholders who are citizens of the city and own real estate therein; or by three freeholders, all of whom shall be citizens of said city and own real estate therein. Said managers shall be appointed by the board of commissioners, which shall determine and provide for their pay and for the pay of any clerks that may be necessary for the holding of the election. 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 oaths, or before each other, the following oath: 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 me God. Said managers shall keep, or cause to be kept, copies of two lists of voters and two tally-sheets. Section 34. Declaring results. The said managers shall certify two lists of voters and two tally-sheets, and shall place one list of voters and one tally-sheet in the ballot boxes together with the ballots, seal the ballot boxes, and forthwith deliver the same to the ordinary of Brooks County, Georgia. The other shall be placed in a package and sealed and forthwith delivered to the city clerk, who shall safely keep the same, and at the first meeting of the board of commissioners occurring after the expiration of three days from said election, deliver the said package to the board of commissioners, who shall open the same and declare the results if no notice of contest has been given. Section 35. Time of elections; certificate of election. Elections for commissioners shall be held annually on the first Tuesday in December, under the rules and regulations provided by this charter and such other rules and regulations as may be hereafter adopted by the board of commissioners, for the election of a commissioner or commissioners to succeed the commissioner or commissioners whose term of office expires January first following, and the
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managers of the elections shall give the persons elected a certificate of election, which certificate will entitle the holder to be installed in the office. Section 36. Contested elections. If notice of contest has been given, all other proceedings shall be postponed until the contest has been determined; provided, that the contests shall be determined within fifteen days after the election has been held. If the result of any election held in the city is contested, notice of said contest shall be filed with the ordinary of Brooks County within three days after said election, and upon the payment of ten dollars in advance by the contestant or contestants to said ordinary, the said ordinary shall, within two days after he receives the same, cause a copy of said notice to be served by the sheriff or his deputy on the contestee if said contest is for an office. If the result of any election in which any question is submitted is contested, then said ordinary shall also cause notice to be served on the chairman of the board of commissioners and published one time in any newspaper published in the city. Said ordinary shall fix the time of hearing said contest, which shall not be later than ten days after service has been effected, provided that both parties shall have five days' notice before the hearing. The contestor shall pay the sheriff, or his deputy, the statutory fee for service of process in advance for service and notice of contest. The contest shall be held at the courthouse. Said ordinary is authorized to hear and determine any contest and the losing party shall pay all costs, for which said ordinary is authorized to issue execution. Article V. Police Court. Section 37. Police court established; appointment, powers of recorder; jurisdiction. There shall be appointed by the board of commissioners a police recorder who shall hold office during the pleasure of the board of commissioners. In the absence or disqualification of the recorder, the chairman of the board of commissioners shall designate a recorder pro hac vice. The recorder shall hold and preside over a court in the city to be called the police court, for the trial of all offenses against the laws and ordinances of said
Page 2913
city as often as may be necessary. Said court shall have the power to preserve order, compel the attendance of witnesses and compel the production of books and papers to be used in evidence. Said court shall have the power to punish all violations of the charter or any ordinances of the city with penalties as prescribed in section 19 of this charter. The court shall also have the power, if the offense charged is beyond its jurisdiction, to examine into the facts of the case, and commit the offender or offenders to jail, or bail them, if the offense is bailable by a justice of the peace under the laws of this State, to appear before the Superior Court of Brooks County, Georgia. Section 38. Authority to grant continuances, require appearance bonds. The police recorder, when any person or persons are arraigned before the police court charged with a violation of any of the ordinances, regulations or rules of the city, may for good cause shown by either side continue the hearing to such times as the case may be adjourned to, and the accused may be required to give bond as security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given and the accused fails to appear at the time fixed for trial, the bond may be forfeited by the recorder and an execution issued thereon by serving the defendant, if found, and his sureties, with a rule nisi at least five days before the hearing of the said rule nisi. Section 39. Appeals from police court. Any person convicted by the police court may enter an appeal from the judgment of said court to the board of commissioners; provided the appeal shall be entered within two days after the judgment complained of is pronounced; and provided further, the defendant shall pay the accrued costs in the case and give bond to abide the final judgment of the case, which bond must be approved by the city clerk or marshal. The board of commissioners shall as early thereafter as practical hear and determine said case so appealed, and shall investigate the case fully as if same had not been tried, that is, de nova. They shall have power, if they find the defendant guilty, to decrease or increase the fine imposed
Page 2914
by the recorder. Any person convicted by the board of commissioners on appeal shall have the right of certiorari to the Superior Court of Brooks County; provided, all costs are first paid and bond and security given in double the amount of the fine imposed, if a fine is imposed, to answer the final judgment rendered in the case; and provided further, nothing in this section shall prevent the defendant who desires to appeal his case to the board of commissioners, or to certiorari the same the superior court, to file the usual pauper affidavit in lieu of giving of the bond and security and any of the costs in the above; and provided, further, the applicant failing to give the bond and security may, in the discretion of the recorder, be placed in the city prison or county jail to await the final judgment on the appeal abovementioned. Certiorari shall be governed by the same rules that govern other certioraris, except as above specified. Article VI. Improvements and Special Assessments Generally. Section 40. Streets, sidewalksAuthority to improve; lien priority. The board of commissioners shall have power and authority to pave, drain, trestle, bridge or otherwise improve any streets, alleys, sidewalks or public places without giving any street railway, or any other property holder or occupant of the street, the option of having the streets paved by itself or himself, or by a contract at its or his instance. Section 41. SameMaximum assessments for improvements. Except as otherwise provided in this charter, an abutting land owner shall not be liable for more than one-third of the costs of draining, paving, trestling, bridging or otherwise improving any street, alleys, sideway or public place. Provided, that for such work done and improvements made on any sidewalk or street or portion thereof situated in any section or part of the city outside the fire limits, except on Screven Street, and that part of Washington between the right-of-way of the A.C.L. railway and the said Screven Street, the property owners shall not be assessed more than twenty-five per cent of the cost of such improvements, work
Page 2915
done on and paving of the streets and paving of the sidewalks on which said lot or plot of land abuts, unless the majority of the property owners on a street or any portion desired to be improved or paved, shall petition the board of commissioners to make such improvement or to pave said street or sidewalk, in which event each property owner shall pay one-third, or such portion of the costs of such improvement as may be agreed on between the said property owners and the board of commissioners. Section 42. SameEqualization of assessments for improvements; lien declared. Whenever in this charter the board of commissioners is required or authorized to assess the cost of any street improvements, paving, drainage or other public improvements against the property owners benefited thereby, said board of commissioners shall have full power to adopt by ordinance a system of equalizing assessments on real estate therefor, and prorate the costs thereof on real estate according to its frontage on the streets or portion of the street improved. The amount of assessment on each piece of real estate shall be a lien on said real estate from the passage of the ordinance providing for the work and making the assessment. Said lien shall have rank and priority in point of dignity to all lines except liens for taxes. Section 43. SameCollection of assessments by execution and sale. The board of commissioners shall have full power and authority to enforce collection for the amount of any assessment so made by execution issued by the city clerk against the real estate so assessed, or against the owner thereof at the date of the ordinance making such assessment, which execution may be levied by the marshal of the city on such real estate after advertising and other proceedings as in case of tax sales. The same shall be sold at public outcry to the highest bidder and such sale shall pass absolute title to the purchaser. The city marshal shall have power to eject the occupants and to put the purchaser in possession; provided, that the defendant shall have the right to file his affidavit tendering the whole or part of the amount for which execution is given, and estimating the
Page 2916
amount he admits to be due, which amount with all costs shall be paid and collected before the affidavit shall be received for the balance, and the affidavit shall be returned to the Superior Court of Brooks County, and there be tried, and shall be determined as in cases of illegality, subject to all penalties as in case of illegality filed for delay. Section 44. Street lighting, sewers, other improvements in streets authorized; special assessments. The board of commissioners shall have full power and authority to pass all laws and ordinances to provide for the lighting of the streets of the city, and to provide for the erection of an improved lighting system upon such streets as the board of commissioners shall determine, and to provide for the erection of posts and the laying of conduits, wires and cables therefor, and to provide for the laying of storm sewers, sanitary sewers and other public improvements in such streets of the city as the board of commissioners may determine, and to provide for the payment of the expenses of the erection and laying of such lighting system, storm sewers, sanitary sewers, and other such public improvements, and to provide what proportion of said expense for the erection and laying of such improved lighting system, storm sewers, sanitary sewers and other such improvements shall be paid by the city and what proportion of said expense shall be paid by the adjacent landowners, and to provide for notice to be given to the said adjacent landowners of the proposed erection and laying of such lighting system, storm sewers, sanitary sewers and other public improvement, and to provide for a hearing of any objections which may be made by said adjacent landowners as to the necessity for and the legality of and the amount to be assessed against said adjacent landowners to pay for said public improvements. Provided, however, that the board of commissioners may not assess against the adjacent landowners more than one-half of the cost of erecting and laying of such improved lighting system, storm sewers, sanitary sewers and other public improvements, and not more than one-fourth of the said cost shall be assessed against the adjacent landowners on each side of the street in which such lighting system and sewers and other public improvements are laid.
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Section 45. Railroads required to repair, maintain streets near tracks. Any railroad now having or which may hereafter have tracks runnig through or across the streets, avenues, alleys or lands of the city, or other public places, shall be required by the board of commissioners to pave and drain the width of its track and two feet on each side of every line of track now constructed or that may hereafter be constructed by such railroad company. If such railroad company shall fail or refuse to comply with the order of the board of commissioners to make such improvements by paving, macadamizing, and draining the same after receiving thirty days' notice to do so, such work may be done by the board of commissioners at the cost and expense of such railroad company. The city shall be entitled to a lien for the full amount of such cost and expense against the property of such railroad company, which may be enforced against such property as provided for enforcement of other liens for paving. Article VII. Finance. Section 46. Annual financial statement required. The board of commissioners shall each year cause to be printed a detailed, itemized statement of receipts and disbursements of the city and a summary of its preceding year. Section 47. Fiscal year. The fiscal year of the city shall be from the first day of July through the thirtieth day of June of each year. Section 48. Budget. The board of commissioners shall adopt a budget for each fiscal year, and no money shall be expended during any fiscal year until a budget has been prepared and adopted. After the budget has been adopted, the board of commissioners may transfer or reallocate funds, with the exception of appropriations for debt service. Should the income of the city be decreased by law or otherwise during any year, it shall be the duty of the board of commissioners to immediately adjust its budget so as to comply with such decreased revenue. In the event of an increased revenue, which increase has become definite and reasonably
Page 2918
certain, the board of commissioners may revise the budget to take into consideration such increased revenue. Section 49. Borrowing to cover casual deficits. The board of commissioners shall have authority to borrow money to meet casual deficiencies in the revenues of the city, but loans for such purpose shall not extend over a period longer than twelve months. Section 50. Payment of expenditures. All expenditures of the city of the amount of one thousand dollars or more shall be paid out of the city funds by an order drawn by the city clerk and countersigned by the chairman of the board of commissioners or, in his absence, by the chairman pro tem. All expenditures of less than one thousand dollars shall be paid on an order drawn by the city clerk and countersigned by the city manager. Section 51. Authority to appropriate from general fund for schools. The power of the board of commissioners to make appropriations shall include the power to appropriate from the general funds of the city treasury, from whatsoever sources such funds are derived, such sums as may be needed by the board of education of the city for the operation and maintenance of the public schools over and above the amount received from the levy of ad valorem or other taxes for school purposes. If the funds derived from taxes levied for school purposes are not sufficient to meet the expenses and costs of operating and maintaining the public schools of the city for the full term prescribed by the authorities in charge of said schools, it shall be the duty of the board of commissioners to appropriate from the general funds of the city sufficient revenue for such purposes. The power to determine whether such funds derived from the levy of taxes for school purposes will be sufficient to meet the aforesaid costs and expenses is hereby vested in the board of commissioners, and said board, in determining such fact, is hereby authorized and empowered to require the officers and members of the board of education, members of the faculty of the public schools, and others having such information, to submit to the board of commissioners
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records, estimates, budgets, and other data or information relative to the financial needs and costs and expenses of operating the public schools of the city. Article VIII. Taxation, Fees and Charges. Section 52. Ad valorem taxes authorized. For the purpose of raising revenue for the support, maintenance and operation of city government and for the purpose of supporting, maintaining and operating the public school system, the board of commissioners shall have full power and authority to provide by ordinance for the assessment and collection of an ad valorem tax on all real and personal property within the corporate limits of the city subject to taxation by the city, not to exceed twenty mills upon the value of said property. The board of commissioners shall cause the money derived from the levy for school purposes to be paid over to the board of education of the city, to be administered by said board in accordance with the provisions of the Act of the General Assembly establishing a system of public schools in the city, approved December 26, 1888, and the several Acts amendatory thereof. Section 53. Commission authorized to require returns from taxpayers. The board of commissioners shall have authority to provide by ordinance for the reporting of all property subject to taxation by the city, and to require all persons owning such property to file a written statement and description of such property and its fair market value, under oath. Section 54. Tax assessorsAppointment, terms, removal, oath, compensation. The board of commissioners shall elect three intelligent, discreet, and upright persons, citizens and qualified voters of the city, owners of real estate therein, tax assessors whose terms of office shall be one year. Said city tax assessors may at any time be removed from their office by the board of commissioners with or without cause, to be judged by the board of commissioners, and all vacancies occurring from any cause may be filled by the board of commissioners at any time. Said tax
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assessors shall take such oaths and receive such compensation as the board of commissioners may prescribe. Section 55. SameDuty to adjust valuations. It shall be the duty of the tax assessors to examine the tax returns placed before them by the officer receiving the same, and increase the valuation of real estate and personal property thereof when in their judgment, the value placed thereon by the taxpayer is too small and similarly decrease the same when in their judgment advisable. Section 56. SameAuthority of commission to regulate procedure for increase in valuation; arbitration. The board of commissioners shall have power to prescribe rules for the government of the city tax assessors. The city tax assessors shall give to each taxpayer of the city written notice by mail of any increase in the valuation of real estate or personal property determined by them, and of any additional real estate or personal property not returned by said taxpayer upon which a value has been determined for the purpose of assessment of taxes. Each taxpayer shall be given ten days' time after the mailing of said notice in which to appear before the city tax assessors and make objections to the determination by the assessors of said values so fixed by them, and have the right to present such evidence and argument as they may desire in support of said objections. The city tax assessors shall hear said objections and such evidence and argument, if any, before finally determining the value of said real estate and personal property. If any taxpayer shall be dissatisfied with the final determination of said tax assessors, he shall have the right, within five days after said final determination to demand an arbitration of such value and shall notify said board in writing of said demand for said arbitration, specifying the assessment with which he is dissatisfied, and naming in said notice the arbitrator selected by him. The city tax assessors shall, within three days thereafter select an arbitrator, and the two thus selected shall, within five days thereafter, select a third arbitrator. In the event the two arbitrators thus selected shall be unable to agree upon a third arbitrator within said period of five days, the chairman of the board
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of commissioners shall appoint a third arbitrator. The arbitrators thus chosen shall hear the objecting taxpayer and the city tax assessors upon said objection and shall determine the value of said real estate or personal property for taxation and the value so determined by them shall be final and conclusive upon the city and the taxpayer. In the event the taxpayer shall not make objection to the final assessment as determined by the city tax assessors, or in the event the said arbitrators shall be unable to agree, within ten days after their selection, the assessment as determined by the city tax assessors shall be final. Section 57. SamePower to require information from taxpayer. The city tax assessors shall have power to require taxpayers to furnish them with a list of all notes, accounts, mortgages, stocks, bonds, and other securities and investments, and of their inventories of their stocks of goods, wares and merchandise, and of all other property owned by them when, in their opinion, their production is necessary for a correct assessment. Section 58. Return by assessors to commission; assessment by commission; double-taxing defaulters. The city tax assessors shall make returns of the assessment made by them to the board of commissioners. The board of commissioners shall have the power to provide by ordinance for assessing all property, both real and personal, and returned for taxation, and for double-taxing defaulters or property which the owner or taxpayer has failed to return in any year passed. Section 59. Notice, hearing when property assessed for back taxes. The board of commissioners may provide by ordinance for notice to parties whose property has been, or may be, assessed for back taxes, and the hearing of any complaint. Section 60. Commission to determine tax due date, collection procedures. The board of commissioners shall have the power and authority to provide by ordinance when the taxes of the city shall fall due, and in what length of time said taxes may be paid, when tax executions shall be issued
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against all persons who have not paid their taxes by the time fixed by the ordinance, and to fix a penalty for the nonpayment of taxes when due. Section 61. Tax execution and sale procedures. Executions for any and all taxes or fines, license fees, assessments or forfeitures or demands of any sort due the city, or its corporate authorities, against any person or persons, firm, company or corporation, or against any property subject thereto, shall be issued by the clerk of the city, signed by him, bear teste, in the name of the chairman of the board of commissioners and be directed to the marshal of the city, and all and singular the sheriffs and deputy sheriffs and constables of this state, commanding them that of any property belonging to the defendant against whom the said execution is issued, or of the certain property described in the said execution, they make by levy and sale the amount due on said execution with all costs. The board of commissioners shall provide by ordinance for advertising of, method of conducting and all other regulations governing sales by the marshal under city executions. All sheriffs, deputy sheriffs and constables in this state shall have the same power and authority to levy and collect executions issued by the city as they have to levy and collect executions from the various courts in this state. Section 62. Authority to license businesses. The board of commissioners shall have full power and authority to require any person, firm, company, corporation or association whether resident or non-resident of the city, who may engage in, prosecute or carry on any trade, business, calling, vocation, or profession within the city, by themselves or by their agents, to register their names, business, calling, vocation or profession annually, and to require said person, company, or corporation to pay for said registration and for a license to prosecute, carry on or engage in any business, calling or profession, such amount as the board of commissioners may provide by ordinance. The board of commissioners shall have authority to require examinations or other qualifications as a condition to the issuance of such licenses.
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Section 63. Authority to license gaming devices, tables. The board of commissioners shall have full power and authority to license coin-operated amusement, vending and gaming devices, billiard tables, pool tables, tenpin alleys, and all tables kept and used for the purpose of playing, gaming or renting, all tenpin alleys, ninepin alleys, or alleys of any kind which are kept for the purpose of playing on, or for the purpose of running same, and to charge for said license such sum as they may by ordinance prescribe. Section 64. Authority to revoke licenses. The board of commissioners shall have the right to revoke at any time any license that may be granted by them under the provisions of this charter, whenever it is sufficiently shown to them the person or persons, firm, company, corporation or association to whom said licenses were granted, is abusing the same, or whenever it is to the best interest of the city to do so. Article X. Utilities. Section 65. Condemnation for municipal utilities. The board of commissioners shall have full power and authority to contract for, or to condemn any land or premises within or without the city for the purpose of establishing and maintaining an electric light plant, electric distribution system, a waterworks system, a sewerage system, a gas system or any of them; provided, that if the right to condemn herein granted is exercised, all proceedings shall be under the provisions of Chapters 36-2 through 36-6, inclusive, of the Georgia Code. Section 66. Authority to grant utility franchise; referendum. The board of commissioners shall also have full power and authority to grant the use of the streets and other public property to any person, firm or corporation that will undertake to furnish the city and the public with electricity, water, sewerage or gas, or any of them, and to make such contract with such person, firm or corporation for water, sewerage, electricity or gas, or any of them, as may to the board of commissioners seem proper; provided, that the city shall not be bound by any such contract for a
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longer period than one year from the making thereof, unless the contract shall have first been approved by a majority vote of the qualified voters of the city at an election to be held for that purpose, of which at least four weeks' notice shall be given in a newspaper of said city by the board of commissioners, which notice shall contain a substantial statement of the proposed contract as well as the time and place of the election. Said election shall be governed by the laws applicable to the regular election of city officers. Section 67. Authority to regulate use of water, collect water rates. The board of commissioners shall have the power to regulate the distribution and use of water in all places and for all purposes, and from time to time shall fix the price for the use thereof and for payment; and may regulate such number of public hydrants and in such places as they may see fit, and for what purposes they shall be used; and all of which at their discretion. They shall have power and authority to require the payment in advance for the use and rent of water furnished by them in any building, and in case of failure they may shut off the water from the premises and shall not be required to supply the said building until said arrears, with interest thereon, shall be paid. Article X. Miscellaneous. Section 68. Subpoena power of city agencies. The board of commissioners, the police court, all boards, commissions, committees or other agencies of the city charged with the administration of the affairs of the city, but excluding individual officers unless specifically authorized by law or ordinance, shall have power and authority to compel the attendance of witnesses and the production of relevant and admissible documents in proper cases. Any person failing or refusing to attend as a witness or to produce relevant and pertinent evidence within his power, custody or control when so notified or called upon to do so shall be subject to punishment as prescribed in this charter. Section 69. Notice of suits against city. No action for
Page 2925
damages to person or property of any character whatever shall be instituted or maintained against the city, unless, within six months from the happening or infliction of the injury complained of, the complainant, his executor or administrator, shall give notice to the board of commissioners of the city of such injury in writing, stating in such notice the date and place of the happening or infliction of such injury, the manner of such infliction, the character of the injury, the names and addresses, if any, of any witnesses to said occurrence, and the amount of damages claimed therefor. Section 70. Effect of charter on incumbent officers, employees. All officers and employees of the city holding office or employed at the time this charter shall take effect shall continue in said office or employment until the terms for which they shall have been elected or appointed expire or until removed from office pursuant to the provisions of this charter. Upon the expiration of said terms or the removal of said officers or employees, the vacancies thereby created shall be filled in the manner and for the terms specified in this charter. Section 71. Continuation of existing laws, rights, liabilities. All ordinances and resolutions of the city not inconsistent with this charter shall remain in full force and effect until altered, amended or repealed. All property and property rights held, owned or possessed by the city and all pending suits or claims by or against the city are preserved unaltered. Section 72. School Acts saved from repeal. Nothing in this Act shall be construed to in any way repeal or affect the provisions of an Act approved December 26, 1888, establishing a public school system for the Town of Quitman, or any Acts amendatory thereof. Section 73. Repeals. The following Acts of the General Assembly of the State of Georgia, are hereby repealed in their entirety: Georgia Laws 1905, Act No. 272, page 1060, approved
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August 23, 1905; Georgia Laws 1914, Act No. 311, page 1134, approved July 29, 1914; Georgia Laws 1921, Act No. 171, page 1055, approved August 10, 1921; Georgia Laws 1923, Act No. 512, page 758, approved August 22, 1923; Georgia Laws 1925, Act No. 370, page 1372, approved August 22, 1925; Georgia Laws 1926, Act No. 13, page 185, approved March 23, 1926; Georgia Laws 1935, Act No. 124, page 1168; Georgia Laws, Extra Session 1937-1938, Act No. 81, page 1243, approved December 29, 1937; Georgia Laws 1939, Act No. 46, page 1265, approved January 14, 1939; Georgia Laws 1951, Act No. 234, page 2699, Approved February 20, 1951; Georgia Laws 1952, Act No. 585, page 2244, approved January 9, 1952; Georgia Laws 1952, Act No. 543, page 2064, approved February 5, 1952; Georgia Laws 1958, Act No. 256, page 2859, approved March 21, 1958; Georgia Laws 1960, Act No. 733, page 2719, approved March 17, 1960. All laws or 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 to the 1962 session of the General Assembly of the State of Georgia for the passage of a bill entitled: An Act to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia, pertaining to the City of Quitman in the County of Brooks; to provide for the government of said city; to provide for the officials thereof, and for their selection, oath, bond, compensation and powers and duties; to provide for elections and registration therefor; to provide for a police court in said city; to provide for public improvements and for assessments therefor; to provide for taxation, fees and charges by said city; to provided for the powers, duties and responsibilities of said city; to repeal certain Acts of the General Assembly; and for other purposes. This 12th day of January, 1962. J. E. Sheffield, Jr.
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John E. Sheffield, who, on oath, deposes and says that he is Representative from Brooks County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Quitman Free Press, which is the official organ of said county, on the following dates: Jan. 18 25, Feb. 1, 1962. /s/ John E. Sheffield, Jr. Representative, Brooks Cuonty Sworn to and subscribed before me this 5th day of February, 1962. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved March 3, 1962. CITY OF HAMPTONASSESSMENTS FOR WATER AND SEWER LINES. No. 830 (House Bill No. 1138). An Act incorporating the Town of Hampton in the County of Henry, approved August 23, 1872 (Ga. L. 1872, p. 206), as amended particularly by an Act approved August 26, 1891 (Ga. L. 1890-91 Vol. II, p. 710), and an Act approved August 22, 1907 (Ga. L. 1907, p. 682), and by an Act approved March 25, 1958 (Ga. L. 1958, p. 3198), and an Act approved March 28, 1961 (Ga. L. 1961, p. 2646), so as to authorize assessments against abutting property owners for laying sewer lines; to authorize assessments against abutting property owners for laying water lines; to repeal the provision authorizing the posting of ordinances; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of 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. II, p. 710), and an Act approved August 22, 1907 (Ga. L. 1907, p. 682), and by an Act approved March 25, 1958 (Ga. L. 1958, p. 3198), and an Act approved March 28, 1961 (Ga. L. 1961, p. 2646), is hereby amended by adding to section 19 of said Act the following sentence: The City of Hampton shall further have power to assess against abutting property owners the cost for laying sewer lines adjacent to said property., Sewer lines. so that when so amended said section shall read as follows: Section 19. Be it further enacted by the authority aforesaid, That the City of Hampton shall have power and authority to lay out, contract and maintain a system of sewerage in said city and provide for the construction and maintenance of the same by the issuing of bonds when authorized so to do at an election called and held for that purpose under the general law of the State. The City of Hampton shall further have power to assess against abutting property owners the cost for laying sewer lines adjacent to said property. Section 2. Said Act is further amended by adding to Section 20 of said Act the following sentence: The City of Hampton shall further have power and authority to assess against abutting property owners the cost for laying water lines., Water lines. so that when so amended said section shall read as follows: Section 20. Be it further enacted by the authority aforesaid, That the City of Hampton shall have power and authority to own, control and operate a system of electric lights and waterworks, and to improve and extend the same,
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and pay therefor by bonds issued when an election is called and held therefor under the general law of the State. The City of Hampton shall further have power and authority to assess against abutting property owners the cost for laying water lines. Section 3. Said Act is further amended by striking section 25 of said Act in its entirety. 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, 1962, session of the General Assembly of Georgia, a bill to amend an Act incorporating the Town of Hampton in the County of Henry, approved August 23, 1872 (Ga. L. 1872, p. 206), as amended, so as to authorize assessments against abutting property owners for laying sewer lines; to authorize assessments against abutting property owners for water lines; and for other purposes. /s/ S. T. Ellis, City Attorney. This 10th day of January, 1962. /s/ Edward E. McGarity, Representative, Henry County, Georgia. 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
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said county, on the following dates: January 11th, 18th and 25th. /s/ Edward E. McGarity, Representative, Henry County, Georgia. Sworn to and subscribed before me, this 5th day of February, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large. My Commission Expires March 17, 1964. (Seal). Approved March 3, 1962. TOWN OF LOCUST GROVECHARTER AMENDED. No. 831 (House Bill No. 1140). An Act to amend an Act which chartered the Town of Locust Grove, approved August 19, 1922 (Ga. L. 1922, p. 885), so as to change the word aldermen to councilmen wherever it may appear throughout this Act; to change the number of councilmen from five to six; to provide for the election of said councilmen; to provide for the compensation of the mayor and councilmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act which chartered the Town of Locust Grove, approved August 19, 1922, (Ga. L. 1922, p. 885), is hereby amended by striking the word aldermen wherever it appears throughout the Act and inserting in lieu thereof the word councilmen. Councilmen. Section 2. Said Act is further amended by striking from section 1 the word five and inserting the word six, so that when so amended said section shall read as follows:
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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the Town of Locust Grove, in the County of Henry, be, and the same is, hereby incorporated under the name, style and title of the Town of Locust Grove, and by that name may be sued, plead and be impleaded; have and use a common seal; made a body politic; shall have perpetual succession; be capable of contracting and being contracted with; shall have power to purchase, lease, hold, receive, enjoy, possess and retain any estate or estates, both real and personal, of whatever kind and name, within its corporate limits necessary for its purposes, and may sell, lease or convey the same and have other powers as are usually granted to municipal corporations not inconsistent with the laws of this State. The corporate powers of said town shall be vested in and exercised by a mayor and six councilmen, under said name, style and title of the Town of Locust Grove. Six councilmen. Section 3. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof the following: Section 4. On the first Monday in December 1962, an election shall be held for a mayor and six councilmen. The qualifications for office of mayor and councilmen shall be the same as qualifications of voters as hereinafter provided. Three (3) members of the council shall be elected every two years for a two year term, and three (3) members of the council shall be elected annually; and the three (3) members elected for the two year term shall be the three candidates of the six candidates receiving the highest number of votes in the election held on December 1962. Thereafter, there shall be an annual election on the first Monday in December to fill the office of mayor and the three (3) councilmen whose terms expire that year, and all councilmen so elected shall serve for a period of two (2) years. The mayor to be elected annually as heretofore provided by said charter, and said elections of both the mayor and councilmen to otherwise remain as heretofore provided by said charter,
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that is the manner of qualifying and the manner of conducting said election. Elections, terms, etc. The mayor and council elected for the ensuing term may arrange an advance meeting for the purpose of organizing its body, and electing the town marshals and other employees for the ensuing year; and to consider at said advance meeting such other matters pertaining to the affairs of the town to be acted upon the first Monday in January, the first regular meeting of said body. The Town of Locust Grove, by and through its mayor and council, are hereby authorized to establish a zoning system and plans to serve in supervision and regulation of the construction, and alteration of all business and residential property within the Town of Locust Grove, and to appoint a zoning commissioner, and to pass such rules and regulations under which said commissioner shall act. Section 4. Said Act is further amended by adding at the end of section 7 the following: Provided, however, that the salary of the clerk shall not be less than $50.00 per month. so that when so amended said section shall read as follows: Section 7. Be it further enacted, That said mayor and councilmen shall have the power to elect a marshal, clerk, treasurer and such other officers as they deem necessary and proper; fixing their salaries, taking their bonds, prescribing their duties and oaths, and to remove them from office, or impose fines at the discretion of the mayor and aldermen. The officers so elected shall before entering upon the duties of their office, subscribe before the mayor or mayor pro tem. the same oath as is contained in section 6 provided, however, that the salary of the clerk shall not be less than $50.00 per month. Clerk's salary. Section 5. Said Act is further amended by striking section 23 in its entirety and inserting in lieu thereof the following:
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Section 23. The mayor shall receive as compensation a salary of not less than $300.00 per year. The councilmen shall receive as compensation a salary of not less than $100.00 per year. Salaries. 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, 1962 session of the General Assembly of Georgia, a bill to change the number of councilmen of the town of Locust Grove from five to six; to provide for the election of said councilmen; to provide for compensation of the mayor and councilmen; and for other purposes. This 3rd day of January, 1962. /s/ Edward E. McGarity, Representative, Henry County, Georgia. 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 4th, 11th, and 18th, 1962. /s/ Edward E. McGarity, Representative, Henry County, Georgia.
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Sworn to and subscribed before me, this 5th day of February, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large. My Commission Expires March 17, 1964. (Seal). Approved March 3, 1962. CITY OF FOREST PARKCHARTER AMENDED. No. 832 (House Bill No. 1153). 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 all Acts amendatory thereof: to provide for mayor and councilmen and their duties, powers, terms of office, filling of vacancies that may exist in the office of mayor or councilmen, oath of office of said mayor or councilmen; to describe the limits of said city; to provide for the government of said city; to provide for the keeping of registration books; the call and holding of special elections to fill vacancies; qualifying dates for special elections and the closing of registration books for special elections; qualifications for mayor and councilmen; overriding the mayor's veto; the impeachment of mayor or councilmen; for tax assessors of said city and for other purposes; to provide for the repeal of all laws in conflict with these laws. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Extending the City Limits of the City of Forest Park: Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same, that the corporate limits of the City of Forest Park be extended so as to include and annex the following described property:
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All that tract or parcel of land lying and being in land lot No. 112 of the 13th district of Clayton County, Georgia, and more particularly described as follows: Beginning at a point on the Southwest side of Phillips Drive 155 feet southeasterly of the north line of said land lot; running thence south 8 degrees 42 minutes west a distance of 497.3 feet; thence north 67 degrees 42 minutes west a distance of 249.9 feet; thence north 71 degrees 32 minutes west a distance of 412.6 feet; thence south 34 degrees 6 minutes and 30 seconds west a distance of 568.8 feet; thence south 6 degrees 41 minutes west a distance of 1295 feet; thence north 89 degrees 48 minutes east a distance of 555.9 feet; thence south 1 degree 4 minutes east a distance of 417.89 feet; thence north 89 degrees 56 minutes 30 seconds east a distance of 517.29 feet; thence north 17 degrees 47 minutes west a distance of 19.37 feet; thence north 88 degrees 37 minutes east a distance of 622 feet to the west side of Phillips Drive; thence north 20 degrees 9 minutes west a distance of 272.08 feet; thence north 0 degrees 42 minutes west a distance of 319.84 feet; thence north 7 degrees 56 minutes east a distance of 168.44 feet; thence north 5 degrees 41 minutes east a distance of 272.25 feet; thence north 5 degrees 41 minutes east a distance of 11.55 feet; thence north 25 degrees 24 minutes east a distance of 484.7 feet; thence north 4 degrees 56 minutes west a distance of 286.54 feet; thence north 33-degrees 28 minutes west a distance of 587.9 feet; thence north 64 degrees 23 minutes west a distance of 383.45 feet to the point of beginning. and, All that tract or parcel of land lying and being in land lot 111 of the 13th district of Clayton County, Georgia, more particularly described as follows: Beginning at an iron pin marking the southeast corner of said land lot 111 and running thence north 0 degrees 30 minutes west along the east line of said land lot a distance of 1350.4 feet to an iron pin; running thence north 85 degrees 5 minutes west a distance of 330 feet; running thence south 0 degrees 30 minutes east a distance of 1061
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feet; thence south 89 degrees 30 minutes west a distance of 250 feet; thence south 0 degrees 30 minutes east a distance of 320 feet; thence north 89 degrees 30 minutes east a distance of 590 feet, more or less, to the point of beginning. and, All that tract or parcel of land lying and being in land lot 112 and 113 of the 13th district of Clayton County, Georgia, being a portion of Pineland subdivision and more particularly described as follows: Beginning at a point on the south line of land lot 112 1096 feet east of the southwest corner of land lot 112 and running thence north 24 degrees 11.5 minutes west a distance of 551.7 feet; thence north 36 degrees 10.5 minutes west a distance of 515.4 feet; thence north 88 degrees 48 minutes east a distance of 620.3 feet; thence north 89 degrees 48 minutes east a distance of 555.9 feet; thence south 1 degree 4 minutes east a distance of 417.89 feet; thence north 88 degrees 50.5 minutes east a distance of 519 feet; thence south 0 degrees 15 minutes west a distance of 1439.6 feet to the north side of Morrow Road; thence north 76 degrees 9 minutes west a distance of 765.6 feet; thence north 0 degrees 10.5 minutes east a distance of 563.62 feet; thence north 5 degrees 10 minutes west a distance of 213 feet; thence south 88 degrees 42 minutes west a distance of 408 feet to the point of beginning. Section 2. Qualifications of Mayor and Councilmen for Office. No person shall be eligible to qualify for or hold office of mayor or councilman of said city unless he shall have been a resident thereof for a period of not less than one (1) year immediately preceding the election of which he is to be a candidate; and he shall be a qualified voter in the municipal elections for offices of said city, shall be registered to vote in the county elections; shall be a freeholder in said city and shall qualify as a candidate by filing his name with the city clerk and giving to the city clerk, in writing, the oath as prescribed; shall not be in debt for any tax due in said city which is more than sixty (60) days past due.
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Section 3. Candidates Filing Notice of Intention to Run for the Office of Mayor or Councilmen, Qualifying. Be it further enacted that any person with the qualifications enumerated desiring to qualify as a candidate for the office of mayor or councilman for the City of Forest Park shall file with the city clerk a written noice of his or her intention to run for such office, shall at the same time of filing a written notice with said clerk pay an entrance fee in the amount of fifty ($50.00) dollars if qualifying to run for office of mayor, and in the amount of twenty-five ($25.00) dollars if qualifying to run for an office of councilman. Section 4. Oath of Office. Be it further enacted, that before entering upon the discharge of any duties, the mayor and councilmen-elect shall take an oath to faithfully discharge the duties devolved upon the respective office to the best of their ability and understanding, which oath shall be as follows: I do solemnly swear that I will well and truly demean myself as mayor (or councilman as the case may be) of the City of Forest Park for the term of office for which I have been elected, and that I will faithfully enforce the charter and ordinances of the City of Forest Park, to the best of my ability, without fear or favor, and will in all my actions as mayor (or councilman as the case may be) act as I believe for the best interest of said city, so help me God. Section 5. Vacancies in Office of Mayor or Councilmen. If, for any reason, a vacancy occurs in the office of mayor or an office of councilman, by resignation, death or any other means more than ninety (90) calendar days prior to the expiration of the term of said official a special election shall be called within sixty (60) calendar days of said vacancy occurring and said election shall be held within ninety (90) days from the date the vacancy exist. The registration books for said special election shall be open for ten (10) calendar days following the call of said special election during regular business hours for registration. No qualifying fee shall be required of the prospective candidate or candidates in special elections to fill existing vacancies. Candidates shall qualify with the city clerk at least seven
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(7) calendar days prior to said election; and in the event a candidate fails to receive a majority of votes cast for a particular office, the candidate receiving the highest number of votes at said special election shall be declared to be elected to fill the vacancy existing. Section 6. Overriding Veto, Power of Council. Council may override the mayor's veto of any measure or Act by a vote of five (5) or more of its members to be taken by yeas and nays and entered upon the minutes of the council. Section 7. Impeachment and Removal for Malpractice in Office. Be it further enacted, that should the mayor or any member of the board of councilmen be guilty of malpractice in office or willful neglect of his office, or abuse of the powers conferred upon him, or should he be guilty of any other act or acts of general conduct unbecoming an officer of the City of Forest Park, he shall be impeached by the remaining members of council by an affirmative vote for conviction by five (5) or more members of said council and shall be removed from office. Section 8. Election to Determine Terms of Office of the Mayor and Council. Authority is hereby granted to council to submit to the qualified voters of the City of Forest Park the question of whether or not the voters desire that the terms of office of mayor and councilmen be extended to four (4) years. Said question to be submitted prior to the next regular city election and shall be governed by laws, ordinances, rules and regulations governing regular elections for the City of Forest Park. Notwithstanding any language herein terms of office presently being served by the mayor and councilmen shall not be extended. In the event an affirmative vote is cast by the registered voters favoring four (4) year terms, it shall become effective only after a candidate has sought office for a four (4) year term. Section 9. Permanent Registration Books, Duty to Keep, Oath Contained Therein. Be it further enacted, that it shall be the duty of the city clerk to keep a book of the electors of said city known as a permanent registration book for said
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city and that the electors of said city shall sign said book upon taking an oath contained therein, which shall be substantially as follows: I do solemnly swear that I have resided in the limits of the City of Forest Park for six (6) months and the County of Clayton for six (6) months and the State of Georgia for one (1) year preceding the signing of this affidavit, and that I have paid all taxes legally imposed upon me by the State of Georgia to qualify me to vote for members of the General Assembly of Georgia, so help me God. Section 10. That any clause, sentence, paragraph or any part of this Act that shall for any reason be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Act. Severability. Section 11. Be it further enacted that all laws and 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
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convening in January, 1962 for passage of local legislation to amend an Act entitled, An Act to incorporate the Town of Forest Park, (now City of Forest Park) in the County of Clayton, Georgia Laws of 1908 at pages 685-688 and all Acts amendatory thereof: to describe the limits of said city; to provide for mayor and councilmen and their duties, powers, terms of office, fulfilling of vacancies that may exist in the office of mayor or councilman; to provide for the government of said city; to provide for the keeping of registration books; the holding of special elections, qualifying dates for special elections and the closing of registration books for special elections; qualifications of mayor and councilmen; overriding the mayor's veto; procedure for impeachment of mayor and councilmen; for tax assessors of said city; to provide for other purposes; to provide for the repeal of all laws in conflict with these laws. This the 13th day of January, 1962. /s/ W. Reid Puckett, Mayor, City of Forest Park, Georgia. Sworn to and subscribed before me, this the 31st day of January, 1962. /s/ B. F. Watson, Notary Public, Clayton County, Georgia. My Commission Expires December 3, 1963. (Seal). State of Georgia, County of Clayton. 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 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 17th day of January, 1962 and once a week thereafter for two weeks as provided by law.
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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, 1962 for passage of local legislation to amend an Act entitled, An Act to incorporate the Town of Forest Park, (now City of Forest Park) in the County of Clayton, Georgia Laws of 1908 at pages 685-688 and all Acts amendatory thereof: to describe the limits of said city; to provide for mayor and councilmen and their duties, powers, terms of office, fulfilling of vacancies that may exist in the office of mayor or councilman; to provide for the government of said city; to provide for the keeping of registration books; the holding of special elections, qualifying dates for special elections and the closing of registration books for special elections; qualifications of mayor and councilmen; overriding of mayor's veto; procedure for impeachment of mayor and councilmen; for tax assessors of said city; to provide for other purposes; to provide for the repeal of all laws in conflict with these laws. This the 16th day of January, 1962. /s/ W. Reid Puckett, Mayor, City of Forest Park, Georgia. /s/ M. F. Lee, Office Manager. Sworn to and subscribed before me, this the 31st day of January, 1962. /s/ B. F. Watson, Notary Public, Clayton County, Georgia. My Commission Expires December 3, 1963. (Seal). Approved March 3, 1962.
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CITY OF BRUNSWICKCHARTER AMENDED. No. 833 (House Bill No. 1156). An Act to amend the charter of the City of Brunswick, Georgia; to enlarge the corporate limits of the City of Brunswick; to provide for the closing of the voters registration book for each general election ninety (90) days prior to the date of the election; to provide for the closing of the voters registration book for special elections ten (10) days before the date of such special election; to provide that any primary election in said city for the election of city commissioners shall be held not more than sixty (60) nor less than thirty (30) days prior to the city general election; 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, to-wit: Section 1. That from and after the passage of this Act, section 3 of the Act approved March 3, 1960, entitled An Act to amend the charter of the City of Brunswick, Georgia.....; and for other purposes, (Ga. L. 1960, pp. 2793, 2794-2798), be stricken, and in lieu thereof, the following enacted: That the corporate limits of the City of Brunswick shall continue to be and the same are hereby defined as follows, to-wit: The northern boundary line shall begin at the intersection of a certain creek, commonly called Dart's Narrows or Cut, and the waters of Back River, and shall run thence due west along that line traced, surveyed and marked by Charles S. Wylly and E. A. Meader, Surveyors, and reported on the 19th day of September, 1896, by said surveyors to the mayor and council of the City of Brunswick, and by said mayor and council on the 31st day of October, 1896, finally adopted as and declared to be the true northern boundary line of the corporate limits of said city (the true bearing of said line having been determined to be north 84 degrees 33 minutes west, and wherever bearings are used in this section of this Act, such bearings are true, rather
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than magnetic bearings), to the point where said line intersects the chord having a bearing of north 10 degrees 20 minutes east on the westerly line of Glynn Avenue, also designated as U. S. Route No. 17 (which Glynn Avenue and U. S. Route No. 17 is 100 feet in width); thence running along said line of said Glynn Avenue or U. S. Route No. 17 along the chord having a bearing of north 10 degrees 20 minutes east for a distance of 39.37 feet; thence running along a chord having a bearing of north 13 degrees 40 minutes east along the westerly line of said Glynn Avenue or U. S. Route No. 17 for a distance of 105 feet; thence running north 81 degrees 42 minutes west for a distance of 2,276.71 feet to a point, thence running south 83 degrees 24 minutes west for a distance of 311.22 feet; thence running south 9 degrees 37 minutes 26 seconds west for a distance of 439 feet; thence running south 72 degrees 37 minutes 26 seconds west 766.5 feet to the easterly line of Hampton Avenue (as shown on the map of Goodyear Park Subdivision, made by Smith and Gillespie and approved by the City Planning Board and the Commission of the City of Brunswick): and running thence northerly along said easterly line of Hampton Avenue to the center line of Fourth Street; thence running north 72 degrees 38 minutes east for a distance of 2602 feet to a point; thence running south 17 degrees 22 minutes east for a distance of 19 feet; thence running north 72 degrees 53 minutes east for a distance of 983.3 feet; thence running south 77 degrees east 812.4 feet; thence running north 19 degrees 30 minutes east for a distance of 602.1 feet; thence running north 85 degrees 43 minutes west for a distance of 1,189.6 feet; thence running north 9 degrees 37 minutes west for a distance of 706 feet; thence running north 72 degrees 56 minutes east for a distance of 692.6 feet; thence running north 17 degrees 4 minutes west for a distance of 334 feet; thence running south 72 degrees 56 minutes west for a distance of 843.3 feet; thence running north 0 degrees 10 minutes west for a distance of 557.9 feet; thence running south 89 degrees 14 minutes east for a distance of 490 feet; thence running south 62 degrees 59 minutes east for a distance of 752.4 feet; thence running north 15 degrees 27 minutes west for a distance of 702.8 feet to a stake; thence in a northerly and northwesterly direction
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following the center line of an abandoned tram road roadbed along a curve of a radius of approximately 450 feet; and subtended by a chord from the last mentioned stake north 61 degrees 24 minutes west 640 feet to an iron pin; thence running north 71 degrees 02 minutes 23 seconds east for a distance of 467.6 feet; thence running north 86 degrees 11 minutes 23 seconds east a distance of 346.6 feet; thence running north 18 degrees 02 minutes 37 seconds west a distance of 571.5 feet to the southerly line of Cypress Mill Road; thence running along the southerly line of Cypress Mill Road north 77 degrees 37 minutes 37 seconds west for a distance of 2517.88 feet; thence running south 67 degrees 21 minutes 23 seconds west a distance of 747.1 feet; thence running north 65 degrees 57 minutes 37 seconds west for a distance of 775.5 feet to the easterly line of Altama Avenue (old G. C. P. right-of-way); thence running along the easterly line of Altama Avenue north 12 degrees 28 minutes east to the point of intersection of the easterly line of Altama Avenue (old G. C. P. right-of-way) with the center line of Cypress Mill Road; thence running along the center line of Cypress Mill Road north 77 degrees 35 minutes west a distance of 222.6 feet; thence running south 73 degrees 43 minutes west a distance of 2,664.2 feet; thence running south 20 degrees 34 minutes west a distance of 71.5 feet; thence running south 81 degrees 25 minutes west a distance of 446.2 feet to a point on the westerly line of Habersham Street; thence running south 74 degrees 04 minutes 26 seconds west a distance of 104.5 feet to a concrete monument; thence running north 15 degrees 31 minutes 34 seconds west a distance of 307.9 feet to a concrete monument; thence south 74 degrees 03 minutes 26 seconds west a distance of 1126.6 feet to a concrete monument and the easterly boundary of the Atlantic Coast Line Railroad right-of-way; thence running south 6 degrees 18 minutes 34 seconds east along the eastern line of Atlantic Coast Line Railroad right-of-way to a point where the northerly line of 9th Street extended would intersect with said Atlantic Coast Line right-of-way; thence running north 73 degrees 22 minutes 23 seconds east along the northerly line of 9th Street extended to a point where the easterly line of Altama Avenue intersects with the northerly line of 9th Street extended;
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thence running along the easterly line of Altama Avenue south 12 degrees 10 minutes west to the intersection of the northerly line of 4th Street; thence running westerly along said northerly line of 4th Street to the westerly line of North Cleburn Street; thence running southerly along said westerly line of North Cleburn Street to its point of intersection with the said Wylly-Meader true northerly boundary line of the corporate limits of said city; thence running due west along said true northerly boundary line (which has a bearing of north 84 degrees 33 minutes west) to the point where said line intersects the western line of the right-of-way of the Atlantic Coast Line Railroad Company; thence northerly along said right-of-way to the southern side of Seventh Street; thence running westerly along the southern side of Seventh Street and as said line is projected westerly to the center line of Brunswick and Altamaha Canal; thence running south along the center line of said Canal to the point where the center line of said Canal would be intersected by the northerly line of Second Street if prolonged westerly; thence running south 72 degrees 37 minutes 26 seconds west to the channel of Turtle River; thence southward and eastwardly along the channel of said Turtle River and the south line of the channel of St. Simons Sound to the outer sea buoy in the open sea; thence running westerly along the northern line of the channel of said St. Simons Sound to the mouth of said Back River; thence up said Back River to the point or place of beginning. Corporate limits. Section 2. That from and after the approval of this Act, the treasurer of the city shall, in each year in which there is a general election for city commissioners, close the voters' registration book for such election ninety (90) days before the date of the election. But in case of all special elections, the voters' registration book for such special election shall be closed at five o'clock in the evening Eastern Standard Time ten (10) days before the date of such special election. Voter registration. Section 3. That from and after the approval of this Act, primary elections in said city for election or nomination of city commissioners shall be held not more than sixty (60) days nor less than thirty (30) days prior to the date for the city general election. Primary elections.
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Section 4. Be it further enacted 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. Severability. Section 5. Be it further enacted that all laws or parts of law in conflict with the provisions hereof be and the same are hereby repealed. Section 6. That attached hereto and made a part hereof as required by the Constitution of the State of Georgia now of force, is the affidavit of the authors of this Act to the effect that the notice of the intention to apply for local legislation, a copy of which is attached to such certificate, was published in The Brunswick News, the newspaper in which sheriff's advertisements for Glynn County, Georgia, are published, in which County the City of Brunswick is located, in the issues of said newspaper of January 15th, 22nd and 29th, 1962. Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia, William R. Killian and Winebert D. Flexer, who having been first duly sworn, on oath each deposes and says that they are the authors of the above and foregoing Act to amend the charter of the City of Brunswick, Georgia; that the notice of intention to seek local legislation, copy of which is attached below this affidavit, was published in The Brunswick News, the newspaper in which are published sheriff's advertisements for Glynn County, Georgia (in which county lies the City of Brunswick), in the issues of January 15th, 22nd and 29th, 1962; and that this affidavit is made by the undersigned as required by Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia, ratified August 7, 1945, as amended, and ratified at the General Election held November 4th, 1952. /s/ William R. Killian, Winebert D. Flexer, State Representatives, Glynn County, Georgia.
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Sworn to and subscribed before me, this the 6th day of February, 1962. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires October 6th, 1964. (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 convenes on January 8, 1962, a local bill to be entitled: An Act entitled to amend the charter of the City of Brunswick, Georgia; to enlarge the corporate limits of the City of Brunswick; to provide for the closing of the voters' registration books for each general election ninety (90) days prior to the date of the election; to provide for the closing of the voters' registration book for special elections ten (10) days before the date of such special election; to provide that any primary election in said city for the election of city commissioners shall be held not more than sixty (60) nor less than thirty (30) days prior to the city general election; and for other purposes. This January 12th, 1962. /s/ William R. Killian, Winebert D. Flexer, State Representatives, Glynn County, Georgia. Approved March 3, 1962.
Page 2948
FULTON COUNTY BOARD OF EDUCATIONALTERNATE PENSION PLAN. No. 834 (House Bill No. 1160). An Act to amend an Act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County.....and for other purposes approved February 2, 1945 (Ga. L. 1945, pp. 528-538) and the several Acts amendatory thereof by providing an alternate pension plan for teachers and employees of the Board of Education of Fulton County now in service who may elect to accept the increased benefits and increased deductions under such alternate plan and for all teachers and employees who may hereafter enter the service of the Board of Education of Fulton County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the Act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County.....and for other purposes approved February 2, 1945 (Ga. L. 1945, pp. 528-538) and the several Acts amendatory thereof, be further amended as follows: Section 1. The pension provided by this section and the several sub-sections thereof shall be lieu of like pension benefits provided by existing provisions of this Act. (a) Any teacher or employee eligible for a pension under this Act, who is in the service of the Board of Education of Fulton County 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. The applicant must agree in writing to accept the benefits and obligations of this amendment in lieu of other pension benefits and obligations under this Act, as amended. All such teachers and employees in the service of said Board of
Page 2949
Education 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. Teachers and employees coming into the service of said Board of Education on or after the effective date of this amendment shall have their benefits and obligations fixed by the provisions of this amendment in lieu of the provisions of this Act as same existed prior to this amendment. (b) Any teacher or employee who shall elect to come under the terms of this amendment, must attain the age of sixty (60) years and shall have served 25 years, before being eligible to retire and receive the benefits, as provided by this amendment; provided, however, that any teacher or employee who has served twenty-five (25) years and who has attained the age of fifty-five (55) years may elect to retire on a reduced pension, said reduction to be one-twelfth (1/12) of two percent (2%) per month for each month the teacher or employee lacks in being sixty (60) years of age; provided, further, that the provisions of this section as to age limit shall not apply to any person claiming a pension by reason of total and permanent disability. (c) When any teacher or employee coming under the provisions of this amendment shall retire as a matter of right, he shall be paid thereafter a monthly pension equal to two percent (2%) of his monthly earnings up to and including $300.00 and one-and one-half percent (1%) of his monthly earnings in excess of $300.00, multiplied by his years of creditable service. Monthly earnings shall be the average of the highest five (5) years' salary during the employment. (d) In no event shall the total pension benefits payable under this amendment, plus any social security benefits that may inure to such person by reason of his employment by the Board of Education of Fulton County, exceed seventy-five (75%) percent of the average monthly salary used in computing the benefits under the terms of this amendment or five hundred ($500.00) dollars per month, whichever is
Page 2950
less. No department head of said board of education shall be eligible for benefits under this amendment unless he shall waive in writing any emeritus salary to which he may be legally entitled under the terms of any applicable law, general or special. (e) Any person coming under the provisions of this amendment, either voluntarily or by compulsion, shall be entitled to all the other benefits, as set forth in the relevant sections of this Act, as amended, prior to this amendment; provided, however, that partial pensions and pensions for total and permanent disability or death shall be computed by the same formula as is used for computing service pensions in Subparagraph (c) above, and, provided, further, that pensions for beneficiaries designated under the terms of this Act, as amended, shall be fifty percent (50%) of the amount the pensioner was receiving or would have received had he exercised his right to retire. Provided, further, that, if a widow of a pensioner is more than five (5) years younger than the pensioner, that there shall be deducted from her pension one-twelfth (1/12) of two percent (2%) per month for each month that she is more than five (5) years younger than the pensioner; provided, however, that said reduction of one-twelfth (1/12) of two percent (2%) per month shall not apply, if the beneficiary is sixty (60) years or more of age at the time she becomes eligible for benefits. (f) There shall be deducted from the total salary of any teacher or employee electing to come under this amendment the sum of five percent (5%), in the event he does not provide for payment of a pension to his beneficiary, as authorized by this Act, as amended, or the sum of six percent (6%), in the event he does provide for the continuance of the pension to his beneficiary. Like deductions shall be made from the salaries of future employees required to come under this amendment. (g) In addition to the payments required to be made in subparagraph (f) above, any teacher or employee who may become a participant under this amendment shall be entitled
Page 2951
to all benefits and receive credit for all the years of his creditable service, provided he shall pay into the Fund the sum of five percent (5%) of his total salary from the time his salary exceeded $300.00 per month and he was employed by the Fulton County Board of Education, if he does not provide for the payment of a pension to a beneficiary; and the sum of six percent (6%) of his total salary from the time his salary exceeded $300.00 per month and he was employed by the Fulton County Board of Education if he does provide for the payment of a pension to a beneficiary. Payments previously made to the Pension Fund shall be deducted from the total amount due in arriving at the total sum of five percent (5%) or six percent (6%). Said total amount due may be paid at the time the teacher or employee elected to come under the terms of this amendment or in sixty (60) monthly installments from the date of his participation under this amendment. Provided, however, that the pension board may at its discretion allow additional time for such payments to be made. Any teacher or employee who does not elect to participate under this amendment within six (6) months of the effective date of this amendment, but who later elects to participate, shall be required to pay interest at the rate of four percent (4%) per annum from the effective date of this amendment to the date he elects to participate. In the event the teacher or employee should retire or die before said payments into the Fund are completed, the secretary of the pension board is authorized to deduct the monthly payments from retirement or beneficiary benefits until the obligation is discharged. (h) 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 subsection (f) above, as to those then employed and electing to come under this amendment, shall begin with that date, as to those subsequently coming into the service of the Fulton County Board of Education or subsequently electing to participate under the terms of this amendment, said
Page 2952
payments shall begin with the employment or date of such election. (i) In addition to the Fund derived from deductions from salaries and wages, as required by subsection (f) of this amendment, it shall be the duty of the governing authorities of Fulton County to appropriate and pay into the Pension Fund an amount which shall equal the total amount of such deductions, including the amounts paid into said Fund by said teachers and employees for prior creditable service, as required by Subparagraph (g) of Section 1. Provided, however, the governing authorities of Fulton County may delay the matching of additional contributions caused by the enactment of this amendment to the January 1st next following the effective date of this amendment, and provided, further, that said governing authorities of Fulton County may match the payments for prior creditable service, as provided for in Subparagraph (g) of Section 1 in annual installments over a period not to exceed twenty (20) years from the January 1st next following the effective date of this amendment. Should said Pension Fund at any time be insufficient to meet and pay the pensions due to such officers and employees, the governing authorities of Fulton County shall appropriate from current funds amounts sufficient to make up the deficiency. Section 2. Said Act is further amended by adding paragraph 10 of said Act, as amended by Georgia Laws 1957, pages 2574 et. seq., the words School System following the words Fulton County as they appear at Georgia Laws 1957, page 2577, line 5. 1957 Act amended. Section 3. A copy of notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been compiled with for the enactment of this law. Section 4. All laws and parts of laws in conflict with this Act, be and the same are hereby repealed.
Page 2953
Section 5. This amendment, if enacted, and the election to accept its benefits, shall be predicated upon an acknowledgement that the General Assembly in adopting this amendment reserves the right to further amend said act and reduce the benefits provided hereunder in the event the employees and teachers of the Board of Education of Fulton County should qualify for benefits under the Federal O.A.S.I. program. Provided, further, that the benefits of this Act shall in no event be reduced by an amount greater than the Social Security to which such employee may be entitled upon his retirement. Intent. 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 19th and 26th days of December, 1961, and on the 2nd and 9th days of January, 1962 as provided by law. /s/ Bessie K. Crowell. 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, 1962, 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, p. 528-535). Any matter germane to this general subject may be included in such legislation or by amendment thereto. /s/ G. W. Adams, Chairman, Fulton County School Pension Board.
Page 2954
Sworn to and subscribed before me, this 26th day of January, 1962. /s/ Mildred N. Lazenby, Notary Public, Georgia State at Large. My Commission Expires October 18, 1963. (Seal). Approved March 3, 1962. EMERITUS DEPARTMENT HEADS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 145,000 AND NOT MORE THAN 185,000 PERSONS. No. 848 (Senate Bill No. 169). An Act authorizing the county commissioners or other governing authorities in certain counties to create emeritus offices for retiring department heads of said county government; to fix the terms and conditions by which such persons may qualify for said offices; 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 Georgia: Section 1. The county commissioners or other governing authorities of all counties in this State having a population of not less than one hunred forty-five thousand (145,000) and not more than one hundred eighty-five thousand (185,000) according to the 1960 Census or any future census, shall have the power and authority to create, by appropriate resolution, emeritus offices for retired department heads of such counties subject to the provisions hereinafter set out. Authority to create. Section 2. The salaries to be paid to such emeritus officers shall not exceed the sum of thirty-six hundred ($3,600) dollars per annum. The salaries paid to such officers may be divided into monthly, semi-monthly or
Page 2955
weekly payments and shall be in addition to any pension or other retirement benefit that the retired department heads may be entitled to receive. Salaries. Section 3. Said 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 4. The provisions of this Act shall be applicable to department heads who may retire in the future from active service in the government of such counties and who shall have been in active service in the county government for thirty (30) years or longer, ten (10) of which shall have been served as department head. The term of office shall be the remainder of their lives or until they resign from the emeritus office. Qualifications. Section 5. The provisions of this Act shall not affect any retirement or pension plan now or hereafter in force in said counties. Intent. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. TOWN OF THUNDERBOLTCORPORATE LIMITS. No. 855 (Senate Bill No. 191). An Act to amend an Act revising and consolidating the several Acts relating to and incorporating the Town of Warsaw in Chatham County, and changing the name of said Town to the Town of Thunderbolt, approved July 21, 1921, (Ga. L., 1921, p. 1122), as amended, to enlarge the corporate limits of the Town of Thunderbolt, repeal all conflicting laws and for other purposes.
Page 2956
Be it enacted by the General Assembly of Georgia: Section 1. An Act revising and consolidating the several Acts relating to and incorporating the Town of Warsaw in Chatham County, and changing the name of said town to the Town of Thunderbolt, approved July 21, 1921, (Ga. L. 1921, p. 1122) as amended, is hereby amended so that the corporate limits of the Town of Thunderbolt as now existing pursuant to section 2 of the charter of the Town of Thunderbolt as heretofore amended are extended so as to include the following defined area within the corporate limits: Beginning at the intersection of the north right-of-way line of Victory Drive and the east right-of-way line of Levy Avenue; thence westwardly along the north right-of-way line of Victory Drive to its intersection with the west right-of-way line of Levy Avenue; thence northwardly along the west right-of-way line of Levy Avenue projected to its intersection with the north right-of-way line of Bonaventure Road; thence eastwardly along the north right-of-way line of Bonaventure Road to its intersection with the east right-of-way line of Bonaventure Road; thence southeastwardly along the east line of Bonaventure Road to its intersection with the north line of lot No. 18 M. M. Land Company subdivision No. 6; thence eastwardly along said lot line to its intersection with the east right-of-way line of the old S. E. P. Company street car right-of-way; thence southeastwardly along said street car right-of-way to its intersection with the south line of lot No. 18; thence eastwardly along said south line of lot No. 18 to its intersection with the east right-of-way line of an unnamed street; thence southeastwardly along the east right-of-way line of said unnamed street to its intersection with the north line of lot No. 14 to thence westwardly along the north line of lot No. 14 to its intersection with the east right-of-way line of the old S. E. P. street car right-of-way and present corporate limits of the Town of Thunderbolt, Georgia. Corporate limits. Section 2. Pursuant to the approval of this Act by the Governor, the Town of Thunderbolt shall certify and forward to the Secretary of the State of Georgia a map or
Page 2957
maps made in conformity with the description of the Town limits extension herein defined and said map or maps defining said area shall be kept on file in the office of the Secretary of the State of Georgia. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Section 4. There is attached hereto and made a part hereof an affidavit and notice of intention to apply for local legislation, a copy of which is attached to said affidavit. Approved March 3, 1962. See Enrolled Act for affidavit and advertisement. CHATHAM COUNTYLAND FOR SPOILAGE PURPOSES. No. 857 (Senate Bill No. 194). An Act to amend an Act to create and organize commissioners of Chatham County, who shall be ex-officio judges, to define their jurisdiction and duties and for other purposes, approved February 21, 1873, and the several Acts amendatory thereof and relating and supplementary thereto so as to permit the acquisition of lands in South Carolina for spoilage purposes in connection with the improvements to the Savannah Harbor, authorizing contracts for said improvements, authorizing the expenditure of public funds of Chatham County for said purposes, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of same, that, from and after the passage of this Act, the Act to create and organize commissioners of Chatham County, who shall be ex-officio judges, to define their jurisdiction and duties and for other purposes, approved
Page 2958
February 21, 1873, and the several Acts amendatory thereof and relating and supplementary thereto, be and they are hereby amended as follows: A. Said commissioners of Chatham County and ex-officio judges may acquire by purchase or exchange, lands situate, lying and being in the State of South Carolina for purposes of using said lands for spoilage purposes, or, for purposes of exchanging said lands acquired for other lands to be used for spoilage purposes in connection with the dredging and improving of the Savannah Harbor lying in said county. Land for spoilage purposes. B. Said commissioners of Chatham County and ex-officio judges thereof may enter into contracts and agreements relating to said harbor with the United States of America and the agencies thereof for the purpose of obtaining lands for spoilage and sponsoring improvements to the Savannah Harbor. Same, contracts. C. Said commissioners of Chatham County and ex-officio judges thereof are further authorized to expend public funds of Chatham County for the acquisition of said lands and for the purpose of preparing said lands for use for spoilage purposes. Same, funds. D. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1962. See Enrolled Act for affidavit and advertisement.
Page 2959
CITY OF DECATURRECORDER PRO TEMPORE. No. 858 (Senate Bill No. 195). 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 February 25, 1949, creating an office of the city recorder by providing for the election of a recorder pro tempore, and further providing for the designation by the mayor of any citizen of the City of Decatur eligible to hold the office of commissioner of said City to Act as recorder in the event of disqualification or absence of the official eligible to preside over the police court. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that the Act establishing a new charter for the Town of Decatur, now City of Decatur, approved August 17, 1909, and amended February 25, 1949, be and the same is hereby further amended by adding to section 14 of said Act as amended February 25, 1949, the following: The commissioners of said city shall have the right at any time in their discretion to name and appoint a recorder pro tempore in and for said city and fix his compensation and terms of office, which term shall be for not more than two years. Said recorder pro tempore shall take and subscribe the same oath as that now provided for the recorder and shall preside over the police court in the absence or disqualification of the recorder. In the absence or disqualification of all officials eligible to preside over the said police court, the mayor of said city shall have the power and authority to name and appoint any citizen of said city eligible to hold the office of commissioner to preside over said police court. The citizen named and appointed shall take and subscribe the same oath as now provided for the recorder.
Page 2960
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 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 or parts of laws in conflict with this Act be and the same are hereby repealed. Approved March 3, 1962. See Enrolled Act for affidavit and advertisement. TOWN OF FLOWERY BRANCHTERMS OF MAYOR AND ALDERMEN. No. 859 (Senate Bill No. 197). An Act to amend an Act incorporating the Town of Flowery Branch in Hall County, approved March 30, 1937 (Ga. L. 1937, p. 1877), so as to change the term of the mayor from one to two years; to provide for staggering the terms of the five aldermen, so that two shall be elected for a period of one year, two for a period of two years, and one for a period of three years; to change the hours of voting for said offices of mayor and aldermen; 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 Flowery Branch in Hall County, approved March 30, 1937 (Ga. L. 1937, p. 1877), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof the following: Section 3. Be it further enacted, that the government
Page 2961
of said town shall be vested in a town council composed of a mayor and five aldermen. The present incumbents as mayor and aldermen shall continue in office as the mayor and aldermen of the Town of Flowery Branch under the provisions of this charter until an election shall be held and their successors are qualified. That an election shall be held at the council chamber, or such other place in said town as the mayor of said town shall direct and designate, on the second Saturday in December, 1962, and the second Saturday in December in each year in which an election is necessary. The mayor shall be elected for two year terms; two aldermen shall be elected for one year terms, two aldermen shall be elected for two year terms; and one alderman shall be elected for three year terms. All terms hereinbefore mentioned shall begin on January 1, 1963, and the terms of the present mayor and aldermen shall end. There will not always be a yearly election for mayor and five aldermen. The election of mayor will be every two years and aldermanic election shall be as terms expire. Should there fail to be an election held in the said town at the time above specified, from any cause whatever, the mayor of said town shall order an election held in said town by posting a notice in three public places and advertising said notice in any public gazette having a circulation in said town; said notice shall be posted 10 days before said election. The polls at all elections under this charter shall not be opened before 7 o'clock a.m., and shall be closed at 6 o'clock, p.m., Eastern Standard Time. The qualifications of voters at said election shall be such as are required for electors for the General Assembly, and in addition thereto, residence within the corporate limits of said town for six months next preceding the election, and the payment of all legal taxes required of them by said corporation. Government. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. See Enrolled Act for affidavit and advertisement.
Page 2962
CHATHAM COUNTY PENSION BOARDAMOUNT OF RETIREMENT OF COUNTY EMPLOYEES. No. 863 (Senate Bill No. 216). An Act to amend an Act creating the Chatham County Pension Board, approved March 29, 1937 (Ga. L. 1937, pp. 1273 to 1282), as amended by the several amendatory Acts thereto and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the Act creating the Chatham County Pension Board, approved March 29, 1937 (Ga. L. 1937, p. 1273 to 1282), as amended by the Act approved March 17, 1960 (Ga. L. 1960, pp. 2597 to 2600), be further amended by inserting in sub-section E thereof after the words $200.00 per month and before the words and provided further, the following: irrespective of the amount of his or her salary at or before the time of such retirement, so that said sub-section E, as now amended, shall read as follows: Sub-section E. Be it further enacted by the authority aforesaid that a regular employee of Chatham County who is now qualified and entitled to receive a pension under the provisions of this Act and amendments thereto shall be entitled to a pension of 50% of his or her salary at the date of retirement but not to exceed $150.00; provided, however, that where an employee has served said county for a period of 30 years, then such employee upon retirement would be entitled to receive a pension of $200.00 per month irrespective of the amount of his or her salary at or before the time of such retirement; and provided further that employees and future employees of said county who are now or who may hereafter become eligible for social security and who are not qualified members of the Chatham County Pension Fund, shall not on and after the passage of this Bill be entitled to receive a pension under the provisions of the Act creating the Chatham County Pension Board approved March
Page 2963
29, 1937, as amended by the several amendatory Acts thereto. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. See Enrolled Act for affidavit and advertisement. CITY COURT OF DUBLINPRACTICE AND PROCEDURE. No. 864 (Senate Bill No. 218). An Act to amend an Act establishing the City Court of Dublin, approved December 6, 1900 (Ga. L. 1900, p. 117), as amended, particularly by an Act approved November 29, 1901 (Ga. L. 1901, p. 125), an Act approved August 4, 1904 (Ga. L. 1904, p. 140), and an Act approved March 6, 1956 (Ga. L. 1956, p. 3028), so as to change certain rules of practice and procedure 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 Dublin, approved December 6, 1900 (Ga. L. 1900, p. 117), as amended, particularly by an Act approved November 29, 1901 (Ga. L. 1901, p. 125), an Act approved August 4, 1904 (Ga. L. 1904, p. 140), and an Act approved March 6, 1956 (Ga. L. 1956, p. 3028), is hereby amended by striking in its entirety section 17 and substituting in lieu thereof a new section 17 to read as follows: Section 17. The rules, procedure, service, pleading and practice in this court shall always be the same as in the Superior court. All judgments obtained in said city court shall be a lien on all property of the defendants throughout
Page 2964
the State in the same manner as judgments of the Superior courts are. All laws upon the subject of attachments and garnishments in the Superior courts of this State shall apply to said city court so far as the nature of the city court shall admit. The judge of said city court, or any other officer authorized by law to issue attachments, may issue attachments returnable to said city court under the same laws that govern the issuing of attachments in the Superior courts; and all attachments returnable to the City Court of Dublin shall be directed to all and singular the sheriffs and constables of this State, and may be served by the sheriff of the city court, or any sheriff or constable of this State, or other officer authorized by law to levy attachments returnable to other courts. Garnishment proceedings in the said city court shall be conformable to the laws in the State and on the subject in the Superior court. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. See Enrolled Act for affidavit and advertisement. ELECTIONS IN CERTAIN COUNTIESPRIOR ACT REPEALED. No. 865 (Senate Bill No. 219). An Act to repeal an Act providing the hours of holding elections in counties having a population of not less than 31,050 nor more than 33,050, according to the census of 1950 or any future census, approved March 13, 1957 (Ga. L. 1957, p. 3174); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing the hours of holding elections in counties having a population of not less than 31,050
Page 2965
nor more than 33,050, according to the census of 1950 or any future census, approved March 13, 1957 (Ga. L. 1957, p. 3174), is hereby repealed. Where Act applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. PENSION ACT FOR EMPLOYEES OF MUNICIPALITIES HAVING POPULATION OF MORE THAN 150,000 PERSONS AMENDED. No. 868 (Senate Bill No. 228). An Act to amend the Act approved August 20, 1927 (Ga. L. 1927, p. 265, et seq.) as amended, providing that cities having a population of more than 150,000 as disclosed by the United States census of 1920, or any subsequent census, shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 20, 1927 (Ga. L. 1927, p. 265, et seq.) to provide that cities having a population of more than 150,000 as disclosed by the United States census of 1920, or any subsequent census, shall furnish pensions to all officers and employees of such cities and for other purposes, as amended, be and the same is hereby further amended as follows: Section 1. Unless a different meaning is plainly required by the context, the following words and phrases shall mean: (a) Teacher shall mean any person employed as a classroom teacher or in the supervision of the public schools of any such city, and shall include administrative officials employed therein. Definitions.
Page 2966
(b) Member shall mean any teacher as herein defined who is or may be employed in the public school system of such city. (c) Prior service shall mean service rendered as a teacher in a public school system, college or university, prior to employment by such city. Section 2. Any teacher now employed or who may hereafter be employed by such city shall be entitled to receive credit for prior teaching or administrative service, either or both, upon the terms and conditions hereinafter set forth. Prior service of teachers. Section 3. Any such teacher shall receive credit for such prior service up to a maximum of ten years, after having been employed as a teacher in the public school system of such city for a period of five years. Such teacher shall establish to the satisfaction of the board of trustees by competent evidence the fact and time of prior service. For each additional year beyond five years, credit shall be given for one year's prior service for each year such teacher shall continue in the service of such city, with a maximum of ten years prior service credit to be allowed. Procedure. Section 4. In order to receive prior service credit, a teacher must pay into the retirement system of such city an amount equal to the amount the teacher would have been required to pay had he been employed by such city during the prior service, the payment to be made at such times as the board of trustees may determine, deferred payments to bear interest at six per cent. (6%) per annum. Such teacher shall make application for such credit prior to the expiration of the 5-year period referred to herein, or within six months after the passage and approval of this Act. Contributions, etc. Section 5. Teachers now employed in the public school system of any such city may receive credit for prior service for each year they have served in the public school system of such city in excess of five years with a maximum of ten years credit by making the required payments into the pension funds of any such city, such credits to be given and
Page 2967
allowed only when the required payments are made. The board of trustees shall formulate rules and regulations as deemed necessary for the payment of such funds and may provide for deferred payments. Teachers now employed, procedure. Section 6. Any teacher filing application for prior service credit, for service outside the State of Georgia, shall pay, in addition to the requirements of the preceding paragraph, a sum equal to the amount of matching funds which the city would have paid into the pension fund had such teacher been employed by such city during the prior teaching service for which the teacher claims credit. Prior service outside State Section 7. Credits for prior service, under the terms of this amendment, shall be treated as credits for service rendered while a member of the retirement system established by this Act as amended in the determination of the right to retire and the amount of the retirement benefits. Intent. Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 3, 1962. DADE COUNTYTRAVEL EXPENSES OF COMMISSIONER OF ROADS AND REVENUES. No. 869 (Senate Bill No. 231). An Act to amend an Act creating the office of commissioner of roads and revenue for Dade County, approved March 9, 1959 (Ga. L. 1959, p. 2382), so as to provide for payment of traveling expenses; 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 Dade County, approved March 9, 1959 (Ga. L. 1959, p. 2382), is hereby amended by striking section
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4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The commissioner shall be compensated in the amount of six thousand ($6,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Dade County, and the commissioner shall devote his full time to the duties of his office. He shall also be paid from county funds at the end of each calendar month, beginning with the month of March 1962, the sum of one hundred twenty-five ($125.00) dollars for traveling expenses outside and inside the county on county business; provided that said commissioner uses his individually owned automobile in traveling on county business outside and inside the county. This expense allowance is to cover all of said commissioner's traveling expenses, including attendance at county Commissioner's Association meetings and similar meetings which he may attend. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. See Enrolled Act for affidavit and advertisement. LAURENS COUNTYVOTING MACHINES. No. 871 (Senate Bill No. 251). An Act to provide for the use of voting machines, for casting, registering, recording and computing ballots or votes in all elections including primaries and municipal elections in the Count of Laurens; to prescribe regulations with reference to the adoption, requirements, purchase, lease, rental, installation, preparation, custody and demonstration of the use of voting machines; to provide rules and regulations for the conduct of elections held with voting machines; to prescribe the qualifications, number and duties of election officers in election districts or precincts
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in which voting machines are used; to provide for the experimental use of voting machines; to impose duties upon the governing authority of Laurens County for the purchase, lease, or rental of voting machines and payment therefor, and expenses and personnel incidental to the use of such machines; to provide penalties for violation of the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The following words and terms shall have the meaning hereinafter indicated, unless the context shall clearly indicate another or different meaning or intent: a. Ballot-labels shall mean the cards, paper or material containing the names of officers and candidates and statements of questions to be voted on. Definitions. b. Diagram shall mean an illustration of the official ballot, when placed upon the machine, showing the names of the parties, offices, and candidates, and statements of the questions, in their proper places, together with the voting devices therefor, and shall be considered a specimen ballot. c. Question shall mean a brief statement of such constitutional amendment or other proposition as shall be submitted to a popular vote at any election. d. Write-in ballot shall mean the paper or other material on which a vote is cast on a voting machine for persons whose names do not appear on the ballot-labels. e. Registering counter shall mean the counters on which are registered numerically the votes cast for candidates, and on questions, respectively. f. Public counter shall mean a counter or other device which shall, at all times, publicly indicate how many times the machine has been voted on at an election. g. Protective counter shall mean a counter or protective
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device or devices that will register each time the machine is operated, and shall be constructed and so connected that it cannot be reset, altered or operated except by operating the machine. h. Custodian shall mean the person charged with the duty of testing and preparing the voting machine for the election and instructing the election officers in the use of the voting machine. i. Election and elections shall be held to include and mean all regular, special primary or other elections held in Laurens County, and also any general and other elections hereafter held in Laurens County, in any municipality therein, or in any part thereof. j. Registering compartment shall mean that part of the voting machines containing the registering counters. Section 2. The list of officers and candidates and the statements of questions on the voting machine shall be deemed an official ballot for all purposes. Official ballot. Section 3. At all elections hereafter held in Laurens County, whether regular, special, primary, municipal, or other, or any election held for the purpose of determining any question or matter which is to be submitted to or referred to the vote of the people of Laurens County, or any part thereof, ballots or votes shall be cast, registered, recorded and counted by means of voting machines meeting the requirements of this Act. Whenever any election of any kind is held in Laurens County, voting machines shall be used in lieu of ballots wherever possible and practicable. Use. Section 4. If the method of election for any candidate or office or of voting on constitutional amendments or other question or propositions is prescribed by law, in which the use of voting machines is not possible or practicable, or if at any election, the number of candidates nominated or seeking nomination for any office renders the use of voting machines for such office at such election impracticable at one or more precincts or districts, or if at any election the
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use of voting machines wholly or in part is not possible or practicable, the officer or officers now charged by law with furnishing such election districts or precincts with paper ballots may arrange to have the voting for any or all candidates or offices or on any or all constitutional amendments, questions or propositions at such precincts or districts conducted by paper ballots. In such cases, ballots shall be printed for such candidates or offices, or for such constitutional amendments, questions or propositions, and the elections conducted by the election officers as herein made in the manner required by law for such candidates or office or for such constitutional amendments, questions or propositions, insofar as paper ballots are used. Intent. Section 5. The governing authority of Laurens County shall at a regular meeting or at a special meeting called for the purpose, by a majority vote, adopt, purchase, authorize, lease or otherwise procure and provide for the use of voting machines meeting the requirements of this Act to be used in all voting precincts within said county; and thereafter said machines and any requisite number of same shall be used for voting at all primaries and elections for public officers and at all regular, special and other elections held by or under the authority of Laurens County, and at any general and all other elections hereafter held in Laurens County, in any part or any municipality therein, and for receiving, registering, recording and counting the votes of the electors in such election district or districts, precinct or precincts. Procurement. Section 6. The governing authority of Laurens County upon the adoption and lease or purchase of a voting machine or machines, may provide for the payment therefor in such manner as may be deemed for the best interests of the county. They may for that purpose make leases, contracts or any other legal obligations which shall be a charge against Laurens County. Same. Section 7. The governing authority of Laurens County shall provide machines necessary for all precincts where the same are to be used, in complete working order, and shall
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preserve and keep in repair the same, and shall have custody thereof, and the furniture and equipment of the polling places when not in use. Custody. Section 8. The governing authorities of Laurens County may provide for the experimental use at any election or elections, of a machine which they might lawfully adopt, without a formal adoption thereof, and such use at such election shall be as valid for all purposes as if it had been lawfully adopted; such use may be in one or more election precincts. Experimental use. Section 9. During the thirty days next preceding an election or primary the governing authorities shall place on public exhibition, in such places and at such times as they deem most suitable for the information and instruction of the voters, one or more voting machines, containing the ballot-labels, and showing the offices and questions to be voted upon, the name and arrangements of parties, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such machine or machines shall be under the charge and care of a person competent as custodian and instructor. No voting machine, which is to be assigned for use in an election, shall be used for such public exhibition and instruction, after having been prepared and sealed for the election. During such public exhibition and instruction, the counting mechanism of the voting machine shall be concealed from view, and the doors, or cover concealing the same, shall be opened, if at all, only temporarily, and then only upon written authorization from the governing authorities. Public exhibition. Section 10. No voting machine shall be adopted or used unless it shall, at all times, satisfy the following requirements: It shall afford each elector an opportunity to vote in absolute secrecy; it shall provide facilities for voting for such candidates as may be nominated, and upon such questions as may be submitted; it shall permit each voter, at other than primary elections, to vote a straight party ticket in one operation; and, in one operation, to vote for all candidates of one party for presidential electors, and in one operation, to vote for all the candidates of one party for
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every office to be voted for except those offices as to which he voted for individual candidates; it shall enable each voter, at other than primary elections, to vote a ticket selected from the nominees of any and all parties, from independent nominations, and from persons not in nomination; that is to enable each voter to vote, at any election, for any person and for any office for whom and for which he is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot-label as a candidate for nomination or election, and to vote for as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote; it shall preclude each voter from voting for any candidate, or upon any question, for whom or upon which he is not entitled to vote, and from voting for more persons for any office than he is entitled to vote for, and from voting for any candidate for the same office or upon any question more than once; it shall be capable of adjustment by election officers, so as to permit each voter at a primary election to vote for the candidates for non-partisan nomination, if any, and for the candidates seeking nomination by the political party, in which he is enrolled, if he is enrolled as a member of a political party, and so as to preclude him from voting for the candidates seeking nomination by any political party in which he is not enrolled; it shall permit each voter to deposit, write in, or affix upon receptacles or devices provided for the purpose, ballots containing the names of persons for whom he desires to vote, whose names do not appear upon the machine; it shall permit each voter to change his vote for any candidate, or upon any question appearing upon the ballot-labels, up to the time he begins the final operation to register his vote; it shall not only secure the voter absolute secrecy in the act of voting as hereinbefore provided but it shall be so constructed that no person can see or know for whom any other elector has voted or is voting, save a voter whom he has assisted or is assisting in voting as prescribed by law; it shall have voting devices for separate candidates and questions, which shall be arranged in separate rows or columns, so that, at any primary election, one or more adjacent rows or columns may be assigned to the candidates of a party; and shall have parallel office columns
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or rows transverse thereto; it shall be so constructed that votes may be cast thereon for constitutional amendments or any other public measure or question; it shall have a counter, or other device, the register of which is visible from the outside of the machine, which shall show during the period of voting the total number of voters who have operated the machine during said period of voting; it shall have a protective counter, or other device, which shall record the cumulative total number of movements of the operating mechanism; it shall be provided with a lock or locks, by the use of which immediately after the polls are closed, or the operation of the machine for an election is completed, all movements of the registering mechanism is absolutely prevented; it shall be provided with a screen, hood or curtain, which shall conceal the actions of the voter while voting; it shall be constructed of material of good quality, in a neat and workmanlike manner; it shall, when properly operated, register or record correctly and accurately every vote cast; it shall be so constructed that a voter may readily learn the method of operating it; it shall be safely transportable; it shall be so constructed and controlled, that during the progress of voting, it shall preclude every person from seeing or knowing the number of votes registered for any candidate; and from tampering with any of the registering mechanism; it shall have a key or keys for the aforementioned lock or locks. Requirements. Section 11. The exterior of the voting machines and every part of the voting or polling place shall be in plain view of the election watchers and officers. The voting machines shall be located at the voting or polling place in such position that unless its construction shall require otherwise, the ballot-labels on the face of the machines can be seen plainly by the election officers and watchers when the machine is not occupied by a voter. The election managers or commissioners shall not themselves be, nor allow any other person to be, in any position that will permit one to see, or ascertain, how a voter votes, or how he has voted. No voter shall be permitted to occupy the voting machine more than two minutes if other voters are waiting. The election managers, or one of them, shall inspect the face of the machine
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at frequent intervals, to see that the ballot-labels are in their proper places, and that the machine has not been injured or tampered with. During an election, the door, or other covering of the compartment containing the counters of the machine or counting device, shall not be unlocked or opened, or the counters exposed, except by action of the proper custodian of the voting machine for good and sufficient reason, a statement of which shall be made in writing and signed by him and attested by the signature of the election managers. The governing authorities shall appoint a custodian for the machines. Location, etc. Section 12. In each election district or precinct of Laurens County, the portion of cardboard, paper or other material placed on the front of the machine containing the names of the candidates or a statement of the proposed constitutional amendment or other question or proposition to be voted on shall be known as the ballot-label. The ballot-label shall be supplied by the official or officials charged by law with providing materials for the holding of an election or elections, and shall be printed in black ink on clear white material of such size as will fit the machine and in plain, clear type, as large as the space will reasonably permit. The party name or designation shall be prefixed to the list of candidates of such party. The order of the lists of candidates of the several parties shall be arranged as is now provided by law, except that the lists may be arranged horizontally or vertically, with the names of candidates for office arranged transversely under or opposite the title of the office. The names of all candidates nominated or seeking nomination by a political party in accordance with law, shall appear in adjacent rows or columns containing generally the names of candidates nominated or seeking nomination by such party. The form and arrangement of ballot-labels, to be used at any election, shall be determined by the ordinary of the county, as nearly as may be in accordance with the provisions of the laws prescribing the form and arrangements of ballots at such election, and shall be furnished by him to the election managers of the respective voting or polling places, who shall procure such further copies of the same as may be necessary, at the cost of the
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county. In primary elections, the ballot-labels, containing the names of candidates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties. In any primary in which voting machines shall be used in one or more voting precincts, the name of any unopposed candidate for nomination for any office may be omitted from the ballot-label used on the voting machine, and any unopposed candidate shall be declared to have received the total number of votes cast in such voting precinct. Ballot-label. Section 13. The officer or officers charged with the duty of providing ballots and ballot-labels for any voting or polling place shall provide therefor the following: (a) A lantern, or a proper substitute for one, which shall give sufficient light to enable voters, while in the voting machine booth, to read the ballot-labels and suitable for the use of election officers in examining the counters. The lantern, or proper substitute therefor, shall be prepared and in good order for use before the opening of the polls. Supplies, etc. (b) The diagrams or sample ballots, of suitable size, representing such part of the face of such voting machine as will be in use in the election, and accompanied by illustrated directions for voting on the machine. Such diagram shall be posted prominently outside the enclosed space within the voting or polling place. (c) Prior to any election, the officer or officers aforementioned may cause copies of diagrams, explaining machine voting, to be posted, published, advertised or distributed among the electors in such manner as they may deem desirable. Section 14. The requisite number of ballot-labels for use in the voting machine or voting machines shall be provided for each polling place for each election district or precinct by the officer or officers now charged by law with furnishing such election districts or precincts with ballots; in such manner shall be furnished also all other necessary material for the use of voting machines in all elections, the said officer
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or officers who are charged hereby with the duty of preparing the machines for conducting an election shall notify, as far in advance thereof as practicable, the respective chairmen of the county executive committees or other body or bodies having similar duties thereto of the intended preparation of such machines for voting. The same officer or officers first referred to in this section shall, before the day of election, cause the proper ballot-label to be put upon each machine corresponding with the sample ballot-labels herein provided for, and the machine or machines in every way to be put in order, set and adjusted, ready for use in voting when delivered at the polling place. And the same officers shall cause the machine or machines so labeled in order, set and adjusted to be delivered at the voting or polling place, together with all necessary furniture and appliances that go with the same, in the room where the election is to be held in the precinct not later than 6 o'clock p.m. of the day preceding the election. On the morning of the election, managers shall meet in the said room before the time for opening the polls. They shall see that the sample ballots and instruction cards are posted properly, and everything in readiness for the voting at the hour of opening the polls. The managers shall compare ballot-labels on the machine with the sample ballots, see that they are correct, examine and see that all the counters (except protective counters) are set at naught or zero (0) and that the machine or machines are otherwise in perfect order. If upon such inspection it be found that the voting machine has not been properly prepared for the election, or is not in perfect order, the said officer or officers charged in this Act with the duty of preparing such machine shall be notified immediately; after provision shall have been made for the use of a machine or machines as will enable the managers of the election to properly conduct the same or by the use of written or printed ballots the election shall proceed. Duty to furnish supplies, etc. (a) The election officers or board in such district, ward or precinct in which a voting machine or voting machines are used shall consist of three superintendents or managers, who shall be appointed by the ordinary of the county in county elections, by the executive committee in primaries
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and by municipal authorities in municipal elections. Provided, that nothing herein shall be construed to hinder or prevent any one or more of said appointees from acting as manager or managers, should they be present at the polling place, or prevent them from supplying the necessary number of managers required as herein provided from any of the freeholders as available. Persons who cannot read and write shall not be competent to serve as managers of election. The oath to be taken by such election managers and the form thereof and before whom to be taken shall be as prescribed by law. When more than one machine is used in any election district or precinct there shall be one additional manager for each additional machine. In the case of primary elections the naming of managers thereof and the oath to be taken shall be as prescribed by law. The managers of election shall, upon notice from the ordinary, attend any meeting or meetings called for their instruction and receive such instruction as shall be necessary for the proper conduct of the elections with the machine or machines. No manager of election shall serve in any election at which a voting machine or machines are used, unless he shall have received such instructions and is fully qualified to perform his duties in connection with the machine; provided, however, that this shall not prevent the appointment or serving of a manager of election, to fill a vacancy arising on the day of election. The compensation of said managers of election shall be as prescribed by law. Election board. Section 15. Any voter who shall state under oath that by reason of his inability to read the English language, or by reason of blindness or other physical infirmity, or that he is unable to use the voting machine, may upon request, have assistance in voting as provided by law. Assistance to voters. Section 16. The ballots voted for any person whose name does not appear on the ballot-label on the machine as candidate for officer as herein referred to as write-in ballots. Such write-in ballot shall be deposited, written or affixed in or upon the receptacle or device provided for that purpose. Write-in ballots. Section 17. As soon as the polls are closed, the voting machine or machines shall be locked against voting and the
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registering compartment opened in the presence of all the members of the election board of managers or superintendents or other persons who may be lawfully within the room, giving full view of the registering counters. View of counters. Section 18. The election managers shall at the close of the polls ascertain the number of votes which the candidates have received both on the machine and by the voting of irregular ballots, if any, and one of the managers of election shall publicly announce in a distinct voice the total vote for each candidate thus ascertained in the order arranged on the ballot-label. He shall then announce in the same manner the vote on each constitutional amendment, proposition or other question. Before leaving the room and before closing and locking the registering compartment, the election managers or superintendents shall sign a written certificate showing the result of the election. The transmission and delivery of said certificates by the managers of such election districts and all other papers of the election for the purpose of consolidation, also the consolidation, the certifying and returns thereof, shall all be in compliance with the laws in force pertaining to elections. When write-in ballots have been voted they shall be returned, preserved and finally destroyed as is now provided by law in the case of other election ballots. The written certificate so made, after having been properly certified and signed, shall be distinctly and clearly read in the hearing of all persons present, and ample opportunity shall be given to compare the results so certified with the registering counters of the machine or machines. After such comparison and correction, if any is made, the election managers shall then close the registering compartment and lock the same. Thereafter the machine or machines shall remain locked and sealed for a period of at least thirty days; Provided, however, that should the use of same be required at any election to be held within said thirty day period, the machine or machines may be opened at least ten days prior to the date of such subsequent election; Provided, further, that same may be opened at any time upon order of a court of competent jurisdiction. Election managers. Section 19. Any qualified voter in Laurens County, or
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any part thereof, may vote an absentee ballot as provided by law, when he is required to be absent from the county. Absentee ballots. Section 20. When the machine is locked and sealed at the close of an election in the manner required by this Act, the managers of the election shall properly deliver to the ordinary or his duly authorized representative the keys of the machine or machines enclosed in a sealed envelope. Keys. Section 21. The governing authorities of Laurens County shall designate a person or persons who shall have the custody of the voting machines of the county, and the keys therefor, when the machines are not in use at an election, and shall provide for his or their compensation and for the safe storage and care of the machines and keys. As soon as possible after the completion of the counting of the votes cast at any election, the governing authorities shall have the machine or machines removed to storage. Storage, etc. Section 22. If any part of this Act shall be declared unconstitutional, the remaining portions of this Act shall be given full force and effect. Severability. Section 23. Except as modified by the provisions of this Act, the general laws regulating general, regular, special, primary, municipal and other elections, where not inconsistent with this Act, shall apply to all such elections held in Laurens County. Any provisions of law which are in conflict with the use of such machine or machines as herein provided, shall not apply to the election district or districts, precinct or precincts, in which an election is to be conducted by the use of such machine or machines. Intent. Section 24. Any election officer, manager, or other person who shall violate any of the provisions of this Act, or who shall tamper with, or damage, or attempt to damage any voting machine to be used in or being used in any election, or who shall prevent or attempt to prevent, the correct operation of such machine, or any unauthorized person who shall make or have in his possession a key or keys to a voting machine to be used or being used in an election, shall be
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guilty of a misdemeanor, and upon conviction thereof, shall be confined for not more than one year or fined not more than one thousand dollars ($1,000.00), or both in the discretion of the court. [Illegible Text]. Section 25. This Act shall be effective 60 days after approval. Effective date. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. See Enrolled Act for affidavit and advertisement. DUTIES OF CLERKS OF SUPERIOR COURTS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 7,345 AND NOT MORE THAN 7,369 PERSONS REFERENDUM. No. 872 (Senate Bill No. 267). An Act to provide that in counties of the State of Georgia having a population of not less than 7,345 nor more than 7,369, according to the United States Census of 1960 or any future such census that the clerk of the Superior court shall attend the trial in the court of ordinary of all cases for violation of all traffic laws to the State of Georgia in said counties; to provide for costs of same; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties in the State of Georgia having a population of not less than 7,345 nor more than 7,369, according to the United States Census of 1960 or any future such census, the clerk of the Superior court of said counties shall attend the trial in the court of ordinary on all cases in violation of the traffic laws of this State in said counties,
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and that the clerk of the Superior court shall record the pleas and judgments and bond forfeitures in their respective offices, and shall receive a fee of $6.50 for attending the trial and recording the proceedings. Said fees shall be paid out of the costs assessed by the ordinary in such cases. Duties. Section 2. Before this Act shall become effective in any such county, it must be approved by the people of any such county in a referendum election as hereinafter provided. In any county now having such population, it shall be the duty of the ordinary of such county to set the date of such referendum to be held on the same date of the next general election. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of such county. The ballot shall have written or printed thereon the words: For approval of the Act authorizing the clerk of the Superior court to attend the trial of traffic cases in the court of ordinary and to receive a fee therefor. Referendum. Against approval of the Act authorizing the clerk of the Superior court to attend the trial of traffic cases in the court of ordinary and to receive a fee therefor. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, 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 such 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.
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For those counties which in the future come within the provisions of the population bracket provided herein, the procedure shall be the same for holding such referendum and the time limitation shall date from the date on which such county obtains such population by an official United States Census. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. CITY OF HAPEVILLECHARTER AMENDED. No. 873 (Senate Bill No. 274). 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, to give said City of Hapeville jurisdiction beyond the corporate limits as extended a prescribed distance for police, sanitary, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved September 16, 1891, entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisement for the localities are published, namely, in the Fulton County Daily Report, the paper in which the sheriff's advertisement for Fulton County are published, once a week for three (3) weeks during a period of sixty (60) days, immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this bill is a copy of said notice accompanied
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by an affidavit of the author of the effect that said notice has been published as provided by law. Advertisement. Section 2. That section 3 of an Act of the General Assembly of Georgia passed in the 1951 session and designated as House Bill No. 236, Senate Bill No. 47, be and the same hereby is amended and corrected by changing the date on the eighth line of said section 3 of said bill from January, 1964 to January, 1962, so that said section as amended to correct the aforesaid scrivner's error shall read as follows: Section 3. Be it further enacted and it hereby is enacted by authority of the General Assembly of Georgia that commencing in the year of 1964, the term of office of the mayor, councilmen and alderman of the City of Hapeville shall be four years. The term of office of the mayor and councilmen whose terms expire in 1961 shall be for a period of three years commencing with the first Tuesday in January, 1962. Commencing in 1962 the offices of those Councilmen and Alderman whose terms expire on the first Tuesday in January 1963 will be for 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. Elections. Section 3. That the portion of the city charter of the City of Hapeville as amended and as now designated section 71 in the charter and code of ordinances of the City of Hapeville be and the same hereby is amended by changing the period at the end of the sentence and inserting in lieu thereof a semi-colon and adding the following clause thereto: .....; and such other investments as are now or may later be provided by the laws of this State for the investment of fiduciary and/or trust funds. so that said section as amended shall read in its entirety as follows: The depository of the funds of the Hapeville Pension and Retirement fund shall be an insured banking institution and
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shall only when approved by mayor and council be invested in such securities and bonds as are by law provided with State Banking Institutions of Georgia; and such other investments as are now or may later be provided by the laws of this State for the investment of fiduciary and/or trust funds. Depository. Section 4. That the portion of the charter of the City of Hapeville as amended and as now designated section 66 in the charter and code of ordinance of the City of Hapeville be and the same hereby is amended by striking said section in its entirety which section now reads: At the death of an employee while receiving benefits, if such employee shall have a wife or husband surviving, the husband or wife shall be paid seventy-five (75) percentum of the deceased employees' benefits and shall at the death or re-marriage of such surviving wife or husband shall only be entitled to the benefits after the application of the city clerk and upon proof of marriage to the deceased employee. and substituting in lieu thereof the following: At the death of an employee, while receiving benefits, if such employee shall have a wife or husband surviving, the surviving husband or wife shall be paid such amount or amounts as the mayor and council shall prescribe upon recommendation of the Pension and Retirement Board and which may be determined to be actuarially sound, but in no event less than seventy-five (75%) percentum of the deceased employee's benefits, such payment to the surviving spouse shall be continued until the death or re-marriage of the surviving spouse; and it shall be the duty and obligation of the said surviving spouse to make application for any benefits to which he or she feels entitled through the city clerk, and upon submission of such proof of marriage to the deceased employee as may be required by the Pension and Retirement Board. Survivor benefits for employees' spouses. Section 5. That the portion of the charter of the City of Hapeville as now amended and as now designated section 63 in the charter and code of ordinances of the City of Hapeville
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be and the same hereby is amended by striking the last two sentences of said section which reads as follows: .....should such employee die before retirement, the husband or wife of such employee or the children of such an employee, if the other parent is deceased, shall receive eighty (80%) percentum of the amount paid into the fund by the deceased employee, except that suicide by such employee shall void any claim for a refund. Nothing in this section shall refer to any monies paid into the fund by the City of Hapeville. and substituting in lieu thereof the following: .....Should such an employee die before retirement, the husband or wife of such an employee, or if there is no husband or wife, then the children of such employee, shall receive such compensation and/or lump sum payment in lieu of compensation as the mayor and council may prescribe in each case after recommendation by the Pension and Retirement Board of the City of Hapeville which is actuarially sound, but shall not endanger the solvency of the City Employees' Pension Fund, and taking into consideration all the attendant facts and circumstances, such as whether or not the employee died in line of duty or under conditions amounting to his own misconduct, but in any event the amount paid to the said surviving spouse or children as provided herein shall be not less than eighty (80%) percentum of the deceased employee's contribution to the fund. Same. Section 6. That the provisions of the charter of the City of Hapeville as now amended and as now designated section 5 (j) in the charter and code of ordinances of the City of Hapeville which reads: (j) Salaries of clerk, treasurer and marshal. The clerk, treasurer and marshal shall receive such salaries for their services as the mayor and council shall fix before entering upon their duties which shall neither be decreased or diminished during their term of office, so as to strike that portion prohibiting said salaries of said officials to be increased during their time of office, so that the said section as amended shall read as follows:
Page 2987
(j) Salaries of clerk, treasurer and marshal. The clerk, treasurer and marshal shall receive such salaries for their services as the mayor and council shall fix before entering upon their duties which shall not be diminished during their term of office. Section 7. That the provisions of the charter of the City of Hapeville as now amended and as now designated section 55 (k) in the charter and code of ordinances of the City of Hapeville be amended by striking the first clause in said sub-section which reads as follows: (k) Policemen: Said mayor and council shall have the power to appoint policemen, should they deem it necessary, either for service on special occasions or permanently;..... and substituting in lieu of the said clause the following: (k) Policemen: Said mayor and council shall have the power, upon proper recommendation by the Personnel Board to appoint policemen from a list of qualified persons submitted by said Personnel Board, whenever they deem such appointment necessary, either for regular service for special occasions such as school crossing services, or permanently;..... Section 8. That all laws and parts of laws in conflict with this Act be and the same are hereby expressly repealed. Approved March 3, 1962. See Enrolled Act for affidavit and advertisement. EMERITUS OFFICES IN COUNTIES HAVING POPULATION OF MORE THAN 500,000 PERSONSQUALIFICATIONS. No. 874 (Senate Bill No. 275). An Act to amend an Act authorizing emeritus offices for department heads in counties having population of more than 500,000 persons, approved March 28, 1961 (Ga. L. 1961, pp. 2615, et seq.); to repeal conflicting laws; and for other purposes.
Page 2988
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 described in the caption to this Act be and the same is hereby amended by adding the following section: The age requirements of section 5 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 twenty-five years in active service of the county, eight years of which shall be 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 3 of this Act. Age requirements. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. CITY OF WHITE NAME CHANGED FROM TOWN OF WHITE, CHARTER AMENDED. No. 875 (Senate Bill No. 286). An Act to amend an Act entitled: An Act to incorporate the Town of White, in the County of Bartow; to define the corporate limits; to provide for a mayor and aldermen and other officers, to prescribe their duties, powers and privileges; to provide for the enactment of all necessary ordinances and the enforcement of the same, and for other purposes, approved August 7, 1919 (Ga. L. 1919, p. 1385), so as to change the name of said town from the Town of White to the City of White; to change the term of office of the officers of said city from an annual
Page 2989
term to a two-year term providing that the present mayor and aldermen shall hold office until the election to be held on the second Thursday in December, 1962, and biennially thereafter; by providing for the registration of voters and the preparation of lists of qualified voters for use in all elections in said city; by amending section 8 of said Act to change the ad valorem tax rate of said city from one-half () of one (1) per cent on the property to two (2) per cent; to empower the city to open, close and alter streets and alleys; to extend the police jurisdiction of the city beyond the corporate limits of said city in every direction a distance of one thousand (1,000) feet; to empower the city to purchase, construct, operate, finance and refinance water systems, natural, liquefied, and artificial gas systems, sewerage systems, and to finance and refinance the same and to hypothecate and pledge the revenue therefrom for the payment of the same, said financing to be over any term of years not prohibited by law and to validate and issue certificates of indebtedness therefor; to purchase capital assets necessary in the operation thereof either on lease-purchase agreements or conditional sales contracts, or otherwise; to extend any municipally owned public utility distribution system beyond the corporate limits for the purpose of serving adjacent territory outside the corporate limits to acquire by purchase, lease, rental, gift or otherwise real and personal property beyond the corporate limits of the city for use in connection with such distribution systems and to sell the same either at a public or private sale when not needed for city purposes; to provide police protection for any extension of such distribution systems beyond the corporate limits; to exercise the right of eminent domain both inside and outside the corporate limits of the city for the purpose of procuring rights of way, easements and property beyond the corporate limits needed for such purposes; to make contracts with other municipalities for such other municipalities to provide water and gas distribution systems in the City of White for a term not exceeding fifty years and to collect for such services and empowering said city to participate jointly with such municipalities in such contracts; to grant
Page 2990
franchises to public utility companies for furnishing electricity to the inhabitants of the city and to make contracts with such public utility companies to participate in the revenues received therefrom; to provide for the creation of liens and the issuances of executions therefor and to collect the same for all debts owed by any customer to the city or to a contracting municipality for public utilities furnished to them, to provide for the collection and the rank and dignity of such liens; to provide a referendum for the submission of this Act for approval or rejection and a procedure connected therewith; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled: An Act to incorporate the Town of White, in the County of Bartow; to define the corporate limits; to provide for a mayor and aldermen and other officers, to prescribe their duties, powers and privileges; to provide for the enactment of all necessary ordinances and the enforcement of the same, and for other purposes, approved August 7, 1919 (Ga. L. 1919, p. 1385), is hereby amended by striking the words Town of White wherever they may appear in said Act and inserting in lieu thereof the words City of White, so that hereafter this municipality shall be known as the City of White. City of White. Section 2. Section 2 of said charter as amended is hereby further amended by striking the words Methodist Church and inserting in lieu thereof the words Community Center House. Community Center House. Section 3. Said Act as amended is hereby further amended by striking section 4 therefrom and inserting in lieu thereof the following: Section 4. Be it further enacted, That on the second Thursday in December, 1962, and biennially thereafter on the same Thursday mentioned, an election shall be held at the city hall in said city for a mayor and four aldermen by the qualified voters of said city, whose terms of office shall be for two years, or until their successors are elected and
Page 2991
qualified. Said election shall be opened at seven o'clock a.m. and close at seven o'clock p.m. to be held under the super-intendence of a justice of the peace and two freeholders of said town, or by three freeholders, to be designated by the mayor and aldermen, under the terms and regualtions prescribed by law for holding elections for members of the General Assembly. All persons residing in said city qualified to vote for members of the General Assembly shall be qualified to vote in all elections in said town provided they are duly registered to vote in said town. The present mayor and aldermen shall continue in office until their successors have been elected hereunder and have qualified. Terms of mayor, aldermen, etc. Section 4. Said Act as amended is hereby further amended by inserting after section 10 thereof a new section 10A to read: Section 10A. The mayor and board of aldermen are hereby empowered to open, close, and alter streets and alleys in such city when it deems the same in public interest. Streets. Section 5. Said Act as amended is hereby further amended by inserting after section 11 a new section 11A to read: Section 11A. The police jurisdiction of the City of White shall extend beyond the corporate limits of said city in every direction for a distance of one thousand (1,000) yards. Police jurisdiction. Section 6. Said Act as amended is hereby further amended by inserting after section 19 thereof a new section 19A to read: Section 19A. (a) The City of White is empowered to purchase, construct, operate, finance and refinance and maintain water systems, natural, liquefied and artificial gas systems, and sewerage systems, and to hypothecate and pledge the revenue to be received therefrom for the purchase of capital assets necessary to the construction and operation and to the refinancing of the same, to operate, regulate, and protect the same both inside and outside the corporate limits and all such systems already so extended are hereby
Page 2992
ratified and the acquisition and financing of any such systems already installed are hereby ratified. Utilities. (b) The City of White is hereby authorized and empowered to extend any municipally owned public utility for water and gas distribution systems and sewerage systems, beyond the corporate limits of said city so as to serve the adjacent territory outside the corporate limits of said city with public utilities. (c) In order to carry out the purposes of this section, the City of White may acquire by purchase, lease, rental, gift, or otherwise such real and personal property beyond the corporate limits of said city as may be deemed necessary by the mayor and board of aldermen and shall have the power to dispose of the same at private sale when it is deemed by said mayor and board of aldermen to be of no further need to the city. The police power of said city is extended to the location of all such property for the purpose of its protection and preservation, and the preservation of said system. (d) In order to carry out the purposes of this section, the City of White shall have the power of eminent domain for the purpose of securing property, easements, and rights of way both within and without the city limits. (e) The City of White, by and through its mayor and aldermen may contract with other municipalities for such other municipalities to provide water, and gas distribution systems in the City of White for and on behalf of the City of White over such period of years as said municipalities may determine to be advantageous to the same not to exceed fifty years, and may provide in such contracts for such furnishing municipality to fix the rates by and with the consent of the City of White, collect the same, and fix all charges for providing such utilities to the citizens, and may collect the same, and may grant to such municipalities the right by such contracts to use the streets and alleys of the City of White, for the construction of such distribution system and the City of White may agree to exercise the
Page 2993
right of eminent domain wherever the same is necessary for the acquisition of such property as may be deemed necessary for the construction and operation of such systems, and may provide police protection or contract with such municipalities to provide police protection for all such installations and systems, and may enter into such contracts so as to participate jointly in the provision of such distribution systems, or participate to any extent they may deem desirable and shall have the right to grant franchises to such contracting municipalities and to grant easements over the public streets and alleys of said city for such purposes, and shall have power to create and declare a lien for the collection of utility service provided by said contracting municipalities, and shall have power to collect said liens in the same manner as the city taxes may be collected under this charter. (f) The City of White, by and through its mayor and aldermen, is hereby authorized and empowered to grant franchises to public utility companies for the furnishing of electricity to its inhabitants, and is authorized to enter into such contracts for a term of years, and to charge such public utility companies such amounts for such franchises as may be agreed upon. Section 7. It shall be the duty of the city clerk to keep open during the regualr office hours of 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 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 aldermen, 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
Page 2994
exclude all persons not qualified to vote for members of the General Assembly of this State, and shall make a voters' list from said books 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 voters' 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 aldermen after their names are stricken from said voters' list, and provided further that all persons whose names are so stricken from said voters' list, and provided further that all persons whose names are so stricken from said voters' 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 voters' list. Voter registration. Section 8. The mayor and aldermen 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 city and furnish same to the clerk as heretofore provided. Such registrars 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 aldermen may provide. Voter registrars. Section 9. The mayor or mayor pro tem. and three aldermen shall constitute a quorum for the transaction of any
Page 2995
business before the body; and a majority of the votes cast shall determine questions before them. Quorum. Section 10. The mayor and aldermen 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 constable's sales as to personal property and sheriff's sales as to real property, such sale to be held at the usual place of holding marshal'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. Collection of taxes, etc. Section 11. The mayor and aldermen 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 license to engage in, prosecute or carry on such business, calling, vocation or profession in such amount as said mayor and aldermen may by ordinance prescribed, and may provide by ordinance for the punishment of all persons, 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. Licenses. Section 12. The mayor and aldermen shall have power to control and regulate the running and operation of all automobiles, trucks, busses, locomotives, trains and all vehicles
Page 2996
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 their purposes. Ordinances. Section 13. The mayor and aldermen 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. Same. Section 14. 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 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 aldermen 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 alderman 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 White. Police court.
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Section 15. 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 aldermen; 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 aldermen 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 aldermen on the appeal shall have the right to certiorari to the Superior Court of Bartow 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 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. Appeals. Section 16. The mayor and aldermen of the City of White 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 under the general laws of this State. They shall also have power to remove or cause
Page 2998
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 aldermen. 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. Section 17. The mayor and aldermen 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. Railroads Section 18. The mayor and aldermen 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 19. The mayor and aldermen shall have the power to improve any streets, sidewalk, park or other 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,
Page 2999
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. Section 20. The City of White by and through its mayor and aldermen, shall have the power and authority to acquire, construct, reconstruct, build, improve and extend revenue-producing projects and systems, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charges for the 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. Bonds. Section 21. The mayor and aldermen of said city are authorized 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 protection. Section 22. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability.
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Section 23. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. See Enrolled Act for affidavit and advertisement. JACKSON COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 876 (Senate Bill No. 289). An Act to amend an Act creating the board of commissioners of roads and revenues of Jackson County, Georgia, approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved August 28, 1931 (Ga. L. 1931, p. 487), and an Act approved February 2, 1945 (Ga. L. 1945, p. 552), so as to provide for a change in the compensation paid to the commissioners other than the chairman; to provide for a change in the compensation paid to the chairman of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the board of commissioners of roads and revenues of Jackson County, Georgia, approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved August 28, 1931 (Ga. L. 1931, p. 487), and an Act approved February 2, 1945 (Ga. L. 1945, p. 552), is hereby amended by striking section 8 of said Act in its entirety and inserting in lieu thereof a new section 8 to read as follows: Section 8. Be it further enacted by the authority aforesaid that beginning April 1, 1962 the members of the board of commissioners of roads and revenues of Jackson County, Georgia, other than the chairman of said board, shall each receive a total salary of forty ($40.00) dollars per month and each shall be reimbursed at the rate of ten cents per
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mile for each mile driven in his private car while rendering services to the county; under rules to be prescribed and adopted by said board, said mileage shall be certified to the chairman of the board on a proper form and said reimbursement shall not exceed ten ($10.00) dollars per month. Compensation of commissioners. Beginning April 1, 1962, the chairman of the board of commissioners of roads and revenues of Jackson County, Georgia, shall receive in addition to the present monthly salary an amount equal to $33.34 per month provided, however, that the salary be no more nor any less than $200.00 per month for full-time services. Chairman. Beginning April 1, 1963 the chairman shall be compensated an additional amount of $150.00 per month as salary for full-time service. The salaries of the chairman and the members of the board of commissioners of roads and revenues of Jackson County, Georgia and the reimbursement for mileage to the members shall be paid out of the treasury of Jackson County by the commissioners of roads and revenues of Jackson County. The board of commissioners shall submit through their chairman to the grand jury of the county, at the spring term of the superior court in each year, a statement in writing of all matters relating to the financial condition of the county, its roads, bridges, public buildings and paupers, with such suggestions in regard to county affairs as they may deem proper. Said board shall make all repairs of public buildings without recommendation of the grand jury. The record of the proceedings of the board shall be open at all times to the inspection of any citizen of the county. Each outgoing board shall turn over at the expiration of their term of office all records, books, papers and other property of the county to their successors in office. Report to grand jury. Duties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1962. See Enrolled Act for affidavit and advertisement.
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CITY OF AVONDALE ESTATESCORPORATE LIMITS. No. 877 (House Bill No. 1113). An Act to amend an Act to create the City of Avondale Estates; to define its limits; to provide a commission form of government; a city manager and other officers for the City of Avondale Estates; to prescribe their duties and powers and manner of election; to provide for streets and sidewalks and the working or paving of the same; to provide a system of water-works and sanitation; to provide for a board of health; to declare and define the police powers of the city; to establish a city court; to establish and maintain a public-school system; to establish a system of electric lights; to provide for taxation; to provide for the granting of licenses for all kinds of businesses, callings, or professions; and to grant a charter to said city under the name and style of the City of Avondale Estates, and for other purposes, approved August 25, 1926 (Ga. L. 1927, p. 813), as amended by Acts approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., p. 3107), and February 27, 1956 (Ga. L. 1956, p. 2703) so as to expand 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 to create the City of Avondale Estates, to define its limits; to provide a commission form of government; a city manager and other officers for the City of Avondale Estates; to prescribe their duties and powers and manner of election; to provide for streets and sidewalks and the working or paving of the same; to provide a system of water-works and sanitation; to provide for a board of health; to declare and define the police powers of the city; to establish a city court; to establish and maintain a public-school system; to establish a system of electric lights; to provide for taxation; to provide for the granting of licenses for all kinds of businesses, callings, or professions; and to grant a charter to said city under the name and style of the City of Avondale Estates, and for other purposes,
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approved August 25, 1926 (Ga. L. 1927, p. 813), as amended by Acts approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., p. 3107), and February 27, 1956 (Ga. L. 1956, p. 2703), is hereby amended by inserting in article 1, section 1 of said Act, between the words Avondale Road and three hundred (300) feet northerly therefrom and to the westerly line of Stone Mountain Road, the words: to a point one hundred forty-six and six-tenths (146.6) feet west of the intersection of said easterly line with a line extending northerly along the west side of Oak Street, thence north northwest one hundred forty (140) feet, more or less, to the north side of a ten-foot-wide alley, thence easterly along the north side of said alley to the west side of Oak Street, thence in a southerly direction along the west side of Oak Street to the line running easterly three hundred (300) feet northerly from and parallel with the northerly line of Avondale Road; thence easterly along said line; Article I, section 1 of said Act is further amended by striking from the phrase thence continuing across Wiltshire Drive and along the lines of lots 1 to 9 both inclusive in block 22 to the northeast corner of lot 9; the words to 9 both inclusive in block 22 to the northeast corner of lot 9; and inserting in lieu thereof the words: to 3 of block 22, a distance of one hundred eighty (180) feet, thence northeast along the north side of lot 61 of block 22 to the western side of Stratford Road, thence in a southerly diirection along the west side of Stratford Road to the southeast corner of lot 57 of block 22, thence southwest along the south side of lot 57 of block 22 to said lots' southwest corner; so that section 1 of article I as amended will read: Section 1. The inhabitants within the corporate limits and boundaries thereinafter described in DeKalb County, Georgia, shall be and continue a body politic and corporate under the name of City of Avondale Estates, and as such shall have perpetual succession.
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The said corporate limits of the City of Avondale Estates shall embrace the territory within the following boundary to-wit: Beginning at the southeast corner of land lot 248 of the 15th district of originally Henry now DeKalb County, Georgia, thence west along the south line of land lot, five hundred sixty-nine (569) feet to a southwesterly corner of property formerly owned by W. R. Hill; thence north, eight degrees and thirty minutes west fourteen hundred eighty-four (1,484) feet along said Hill line to the south side of the old Stone Mountain Road; thence continuing on the same course across said road and still continuing on same line to a point three hundred (300) feet northerly from the northerly line of the present Avondale Road (said Avondale Road being the same road as the former Stone Mountain Road); thence easterly parallel with the northerly line of the said Avondale Road and three hundred (300) feet northerly therefrom to a point one hundred forty-six and six-tenths (146.6) feet west of the intersection of said easterly line with a line extending northerly along the west side of Oak Street, thence north northwest one hundred forty (140) feet, more or less, to the north side of a ten-foot-wide alley, thence easterly along the north side of said alley to the west side of Oak Street, thence in a southerly direction along the west side of Oak Street to the line running easterly three hundred (300) feet northerly from and parallel with the northerly line of Avondale Road; thence easterly along said line to the westerly line of Stone Mountain Road; thence southeasterly in a straight line to a point on the westerly side of Ashton Place, said point being two hundred twenty five (225) feet northerly measured along the westerly line of said Ashton Place from the southerly line of Melford Place produced westerly across said Ashton place; thence east along said produced line across Ashton Place and following the south line of Melford Place and continuing beyond east end of said Melford Place to the east line of land lot 249 of said district; thence south along said east line of land lot 249 to the center of Covington Road; thence easterly along the center of Covington Road to the center line of Stratford Road; thence southwesterly on a curved line following the center line of said Stratford Road to the center line of
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Kensington Road; thence westerly along the center line of Kensington Road to the point in said center line where the lines between lots 41 and 42 in block 20 of said Avondale Estates plat, produced northerly, intersects said center line of Kensington Road; thence southwesterly along said produced line and the line between lots 41 and 42 in block 20, one hundred eighty-five and three-tenths (185.3) feet to the northeasterly corner of lot 4 of said block; thence in a southerly direction along the rear lines of lots 4 to 21 both inclusive in block 20, continuing across sidewalk between blocks 20 and 21 and along the rear lines of lots 1 to 13 both inclusive in block 21 of said plat, thence continuing across Wiltshire Drive and along the lines of lots 1 to 3 of block 22, a distance of one hundred eighty (180) feet, thence northeast along the north side of lot 61 of block 22 to the western side of Stratford Road, thence in a southerly direction along the west side of Stratford Road to the southeast corner of lot 57 of block 22, thence southwest along the south side of lot 57 of block 22 to said lots' southwest corner; thence southwesterly on a straight line two hundred ten (210) feet to a point on the south line of said land lot 231, said point being two hundred sixty-five (265) feet east measured along said land lot line from the southwest corner of said land lot 231, thence west along the south line of said land lot 231 two hundred sixty-five (265) feet to the southwest corner thereof, thence continuing west along the south line of land lot 232 to a point on the south line of said land lot 232 to a point on the south line of said land lot 232 one hundred five (105) feet east from the southwest corner of said land lot 232, thence north parallel with the west line of said land lot 232 and one hundred five (105) feet east therefrom to a point on the north line of said land lot 232 one hundred five (105) feet east from the northwest corner of said land lot 232; thence west along the north line of said land lot 232, one hundred five (105) feet to the point of beginning.
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Section 2. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1962 session of the General Assembly of Georgia, a bill to amend the city charter of the City of Avondale Estates by extending the limits of said city to include parts of lots 15 thru 20, block 7 of the East Decatur Land Company property, lying and being in land lot 248 of the 15th district G. M. of DeKalb County, and lots 57 thru 61, block 22 of the C. F. Willis Subdivision of the City of Avondale Estates, lying and being in land lot 231 of the 15th district G. M. of DeKalb County as per plats recorded in the records of DeKalb County and on file in the office of the Atlanta Title Company; and for other purposes. This 14th day of December, 1961. /s/ James A. Mackay, Pierre Howard, Guy W. Rutland, Jr., Representatives, DeKalb County, Georgia. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who, on oath, says that he is managing-editor of the DeKalb New Era, a newspaper published in the city of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention to Apply for Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being: December 21th, and 28th, and January 4, 1962. /s/ W. H. McWhorter, Managing-Editor, The DeKalb New Era.
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Sworn to and subscribed before me, this 16th day of February, 1962. Notary Public, Georgia State at Large. My Commission Expires March 23, 1963. (Seal). Approved March 3, 1962. CITY OF ATLANTAELECTION STUDY COMMISSION. No. 261 (House Resolutions No. 447-915). A Resolution. Providing for a commission to study primary, general and special elections held in the City of Atlanta, for the nomination and election of public officials for that city. Whereas, it is desirable to make a full and complete investigation of all laws, rules, regulations and procedures in connection with the holding of primary, general and special elections in the City of Atlanta to determine whether or not additional legislation is required to promote their efficiency and effectiveness, and to minimize as far as possible the cost of holding such elections, and Whereas, it is desirable that this study be made by competent citizens directly interested in the improvement of such elections to the end that any inequities and disparities, if any, may be corrected, Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created a commission for the making of a full and complete investigation and study of all the laws, rules, regulations and procedures relating to the holding of primary, general and special elections in the City of Atlanta and to make such recommendations as they think proper relating to such laws, rules, regulations and procedures as they may think in the best interest
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of the voters of the City of Atlanta, the candidates for public office and public officials generally. This commission shall consist of the following persons: L. J. Jim O'Callahan, chairman, Mrs. Alfred Green, Harry Bexley, Mrs. Cassandra Maxwell Birnie, Lawrence D. Cook, Jr., J. T. Little, Sidney Haskins, Dr. Robert H. Jordan, Dr. C. A. Bacote, J. C. Murphy, Mrs. Nan Pendergrast, Dr. Miles G. Amos, Irving K. Kaler, Edgar E. Schukraft, Mrs. Margaret MacDougall, G. Everett Millican and Neill Leach. The commission shall be known as the City of Atlanta Election Study Commission. The commission herein created shall be organized, shall adopt rules and regulations for the procedures and operations of said commission not later than May 1, 1962, and shall make a report of its findings and recommendations to the 1963 session of the General Assembly of Georgia. The aforesaid commission hereby created shall have subpoena powers, is authorized to hold bearings, 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 by the City of Atlanta. Any vacancies which may occur on said commission by death, resignation or otherwise, shall be filled by the remaining members of the commission. Upon rendering report hereinbefore required to the General Assembly, the said commission shall stand abolished. Approved March 6, 1962.
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COMPENSATION TO VERNON STRICKLAND. No. 262 (House Resolution No. 448-915). A Resolution. Compensating Vernon Strickland of Hoboken, Georgia; and for other purposes. Whereas, Mr. Vernon Strickland, residing in and maintaining a farm in Brantley County, Georgia, near Hoboken, Georgia; and Whereas, on or about the 13th day of May, 1960, a fire was started in the forest of the Laura S. Walker State Park, which adjoins the land of Mr. Strickland's farm; and Whereas, said fire was originally started for a purpose by the employees working in said park but in-advertently overcame their efforts to contain it and immediately spread through part of the park; and Whereas, said fire burned onto Mr. Strickland's farm land and before being controlled burned Mr. Strickland's barn and all of the personal property therein; and Whereas, the barn contained the following articles, all of which were destroyed: two ten ply rating Goodyear tires and tubes for use on a truck, two eighty rod rolls of heavy gauge barb wire, one roll of woven wire fence; and Whereas, the barn itself was completely destroyed and was composed of one thousand feet of cypress lumber and thirty-five hundred shingles; and Whereas, in traveling toward the barn said fire burned and killed approximately an acre of pine trees with the turpentine cups attached thereto; and Whereas, all of the damage occasioned by the fire and cited above amounted to six hundred ($600.00) dollars;
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Now, therefore, be it resolved by the House of Representatives that Mr. Vernon Stickland be compensated for the loss of his barn, personal property and real property destroyed by the fire occurring in the Laura S. Walker State Park in the amount of six hundred ($600.00) dollars. Be it further resolved that the funds for so compensating Mr. Vernon Strickland of Hoboken Georgia, be paid out of the funds appropriated to the Georgia Forestry Commission by the General Assembly of Georgia. Approved March 6, 1962. COMPENSATION TO GEORGIA CIGAR AND TOBACCO COMPANY. No. 264 (House Resolution No. 452-918). A Resolution. Authorizing compensation to the Georgia Cigar and Tobacco Company; and for other purposes. Whereas, on October 20, 1961, an employee of the Georgia State Prison drove a farm truck loaded with corn into State Highway 147, and struck a truck belonging to the Georgia Cigar and Tobacco Company, and Whereas, the truck was damaged in the amount of $394.73, and Whereas, the accident occurred through no fault or negligence whatsoever on the part of the Georgia Cigar and Tobacco 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 Board of Corrections is hereby authorized and directed to pay to the Georgia Cigar and
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Tobacco Company, the sum of $394.73 for damages as hereinabove enumerated, such payment shall be in full and final satisfaction for such damages. Said sum shall be paid from the funds appropriated to or available to the State Board of Corrections. Approved March 6, 1962. ACT PROVIDING PENSION SYSTEM FOR EMPLOYEES OF CITIES HAVING OVER 150,000 POPULATION AMENDED. No. 878 (House Bill No. 203). An Act to amend the Act approved August 20, 1927 (Ga. L. 1927, pp. 265 et seq.) providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or subsequent census, shall furnish pensions to officers and employees of such cities, and for the other purposes set forth in the caption of said Act and the several Acts amendatory thereof, by providing that from and after April 1, 1961, said Act, as amended, shall not apply to officers and employees of such cities thereafter employed but shall continue in full force and effect as to officers and employees employed before that date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act described in the caption hereof, as amended, be and the same is hereby further amended as follows: Section 1. Any officer or employee of any joint city-county board of tax assessors which has been created or which may be created pursuant to any law applicable to such city and the county in which such city may be located in whole or in part, shall be eligible for pension benefits, for himself and his beneficiaries, under this Act as amended,
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to the same extent and under the same conditions as officers and employees of any such city. Board of tax assessors. Section 2. Any such officer or employee of any such board of tax assessors, now employed by any such board of tax assessors, may elect to come under the provisions of this amendment by making written application to the board of trustees within six months after the approval of this Act. The applicant must agree in writing to accept the benefits and obligations under this Act as now or hereafter amended and to waive such benefits and obligations under any other pension Act applicable to the applicant. Elections. Section 3. Any such officer or employee of any such board of tax assessors electing to come under this Act as now amended, who, at the time of the approval of this Act, is a participating member of any pension system of the county in which such city is located shall be given full credit for the time credited to such person by trustees of the county pension system for retirement rights. Thereupon, the board of trustees of the county system shall remit to the board of trustees of this pension system the full amount of contribution of such officer or employee, together with the maching fund, and all other reserves accumulated or received from any source as a contribution toward pension benefits of such officer or employee of such board of tax assessors. Contributions, etc. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1962.
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FULTON COUNTYBOARD OF EDUCATION PENSION ACT AMENDED. No. 884 (House Bill No. 682). An Act to amend the Act providing in Fulton County a system of pensions and retirement pay to teachers and employees of the Board of Education of Fulton County (Ga. L. 1945, pp. 528-535), as amended, so as to increase pension benefits provided under said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act providing in Fulton County a system of pensions and retirement pay to teachers and employees of the Board of Education of Fulton County (Ga. L. 1945, pp. 528-535), as amended, be further amended as ofllows: 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. Pension payments due to all former officers and employees of the Fulton County Board of Education who have retired prior to April 1, 1955 and have been awarded pensions under the terms of this Act as amended or any prior Act of the General Assembly, and who have heretofore reached sixty-five (65) years of age or who shall hereafter reach sixty-five (65) years of age, shall be recomputed upon the following basis: The total pension benefits for each such former officer or employee whose period of service was 25 years or more shall be a sum equal to one-half of the average monthly salary of such former officer or employee during the last three years of his active service to the Fulton County Board of Education, but shall not exceed the sum of $150 per month. The total pension
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benefits for each such former officer or employee who was retired because of disability or for a period of service of less than 25 years shall be increased in the same proportion. All such persons shall receive a minimum of $4.00 per month for each full year of active service subject to the limitations set out in this Act as amended. Pensions. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, the author of the attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice. Notice of Intention to Apply for Local Legislation. Notice is hereby given 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, p. 528-535). Any matter germane to this general subject may be included in such legislation or by amendment thereto. G. W. Adams, Chairman Fulton County School Pension Board. This 27 day of February, 1961. /s/ M. M. Smith
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Sworn to and subscribed before me this the 27 day of March, 1961. /s/ J. C. Murphy Notary Public, Georgia, State at Large. (Seal). Approved March 6, 1962. ACT PROVIDING PENSION SYSTEM FOR EMPLOYEES OF CITIES HAVING OVER 150,000 POPULATION AMENDED. No. 885 (House Bill No. 683). An Act to amend the Act approved August 20, 1927 (Ga. L. 1927, p. 265 et seq.) as amended, providing that cities having a population of more than 150,000 as disclosed by the United States census of 1920, or any subsequent census, shall furnish pensions to officers and employees of such cities, and for other purposes, so as to provide additional pension benefits for all retired employees who have reached the age of sixty-five (65) years. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 20, 1927 (Ga. L. 1927, p. 265, et seq.) to provide that cities having a population of more than 150,000 as disclosed by the United States census of 1920, or any subsequent census, shall furnish pensions to all officers and employees of such cities and for other purposes, as amended, be and the same is hereby further amended as follows: Section 1. Pension payments due all former officers and employees who have retired prior to April 1, 1955, and have been awarded a pension under the provisions of this Act, who have reached sixty-five (65) years of age, or who shall hereafter reach sixty-five (65) years of age, shall be recomputed upon the following basis: The total pension benefits
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shall be a sum equal to one-half of the average monthly salary of such former employee during the last three years of his active service to such city, but shall not exceed the sum of $150.00 per month. The pension payments due to persons who were retired because of disability or for a period of service less than twenty-five (25) years shall be increased in the same proportion. All such persons shall receive a minimum of $4.00 per month for each full year of active service to such city subject to the limitations set out in this Act as amended. Pensions. Section 2. Any officer elected or appointed for a definite term who is a member of said pension fund, who shall fail to be reelected or reappointed, or whose office shall be abolished, shall be entitled to a pension upon the following basis: No such person shall be entitled to a pension until such person has been elected or appointed for at least four terms and who was a member of the pension fund at the time of his retirement. Such person shall thereafter be entitled to receive as a pension such percentage of the full pension provided for as his years of service bear to 25 years. Such pension shall be computed and paid in the manner provided in section 6-306 of the Code of the City of Atlanta of 1942. Such officer shall otherwise be entitled to all the rights and benefits provided in said Act for officers and employees who have or may become totally and permanently disabled. This amendment shall become retroactive as of December 31, 1961. Pensions for board members. Effective date. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1962.
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MUSCOGEE COUNTYPENSION SYSTEM ACT AMENDED. No. 908 (House Bill No. 920). An Act to amend an Act approved March 9, 1945, entitled An Act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees, including the City-County Health Department and elective salaried officers, etc., and all Acts amendatory thereof, by striking all of item (1) section 5, and providing in lieu thereof that employees earning three hundred dollars ($300.00) or more per month at retirement shall be paid fifty per cent. (50%) of actual salary up to and not to exceed two hundred fifty dollars ($250.00) per month maximum for life after attaining both objectives of twenty-five (25) years of accumulated service and sixty (60) years of age, or on either of the two partial benefit scales as provided in item 3, said benefits to be applicable only to employees retiring after June 1, 1962, and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. And it is hereby enacted by authority of the same that an Act approved March 9, 1945, be entitled, An Act to provide that Muscogee County, Georgia, provide for a permanent pension fund for present and future employees, including the City-County Health Department and elective salaried officers, etc., which Act is set forth in Georgia Laws 1945, page 1100, et seq., approved March 9, 1945, and as amended by Act set forth in Georgia Laws 1951, page 2018, et seq., approved January 29, 1951, and as amended by Act set forth in Georgia Laws 1955, page 2252, et seq., approved February 8, 1955, and as amended by an Act set forth in Georgia Laws 1958, page 2579, et seq., approved March 17, 1958, be, and the same is, hereby amended by striking all of item 1 of section 5 of said Act and adding in lieu thereof the following: (1) Employees earning three hundred dollars ($300.00)
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or more per month at retirement shall be paid fifty per cent. (50%) of actual salary up to and not to exceed two hundred fifty dollars ($250.00) per month maximum for life after attaining both objectives of twenty-five (25) years of accumulated service and sixty (60) years of age, or on either of the two partial benefit scales as provided in item 3, said benefits to be applicable only to employees retiring after June 1, 1962. Pensions. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, that all laws and portions of laws which conflict with the provisions of these Acts be and the same are hereby repealed. Section 3. Be it further enacted by the authority aforesaid that the General Assembly advises upon investigating and so declares that the notice of intention to apply for the enactment of this bill was published in the manner required by Article III, Section 7, Paragraph 15, of the Constitution of Georgia of 1945. A copy of said notice and of the proof of publication required by said Constitution is hereto attached and made a part hereof. Georgia, Muscogee County: Personally appeared before the undersigned officer duly authorized to administer oaths, M. R. Ashworth who, after being duly sworn, says on oath and certified that he is the publisher of the Columbus Ledger, the newspaper in which sheriff's advertisements for Muscogee County are published, and that the attached notice was published in the said Columbus Ledger once a week for three weeks, on January 2, 1962, January 9, 1962, and January 16, 1962. /s/ M. R. Ashworth
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Sworn to before me and subscribed in my presence this 18th day of January, 1962. /s/ Barbara T. Moss Notary Public, Muscogee County, Georgia. My commission expires Feb. 20, 1963. (Seal). Georgia, Muscogee County: Notice is hereby given of an intention to apply at the next session of the General Assembly of Georgia, convening January 8, 1962, for the passage of a bill to amend an Act approved March 9, 1945, entitled, An Act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees, including the City-County Health Department and elective salaried officers, etc. and all Acts amendatory thereof, by striking all of item (1) section 5, and providing in lieu thereof that employees earning three hundred dollars ($300.00) or more per month at retirement shall be paid fifty per cent. (50%) of actual salary up to and not to exceed two hundred fifty dollars ($250.00) per month maximum for life after attaining both objectives of twenty-five (25) years of accumulated service and sixty (60) years of age, or on either of the two partial benefit scales as provided in Item 3; said benefits to be applicable only to employees retiring after June 1, 1962; and for other purposes. This the 29th day of December, 1961. Board of Trustees, Muscogee County Pension Fund /s/ J. R. Thompson /s/ Roy M. Waller, Sr. /s/ W. J. Long Approved March 6, 1962.
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CIVIL AND CRIMINAL COURT OF TROUP COUNTY ESTABLISHED, CITY COURT OF LAGRANGE ABOLISHED. No. 912 (House Bill No. 947). An Act to establish and create the Civil and Criminal Court of Troup County, Georgia, in lieu of the City Court of LaGrange; to define its jurisdiction and powers; to provide for the election of a judge, solicitor, and other officers thereof; to define the powers, duties and jurisdiction of the judge, solicitor, and other officers thereof, and to fix their compensation; to provide for the pleading, practice and procedure therein; to provide for new trials and writs of error therefrom; to provide for the transfer of pending cases and other matters to the Civil and Criminal Court of Troup County from the City Court of LaGrange; to provide for the terms of said court; to provide for the disposition of funds of said court; to repeal certain Acts relating to the City Court of LaGrange; and for other purposes. Section 1. Civil and Criminal Court of Troup County; Creation: 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 Civil and Criminal Court of Troup County is hereby created and established, to be organized, located and held in the City of LaGrange, Troup County, Georgia, with jurisdiction, both civil and criminal, over the entire county of Troup. Said court shall be divided into two divisionscivil and criminal. All matters civil in nature shall be performed by the civil division of said court and all matters criminal in nature shall be performed by the criminal division of said court. Section 2. Jurisdiction; Court of Record: Said Civil and Criminal Court of Troup County shall have jurisdiction to dispose of all cases of whatever nature, except those cases over which the superior court has exclusive jurisdiction, or
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over which exclusive jurisdiction is given to other courts by the Constitution of Georgia. Said court shall also have jurisdiction of all other kinds of suits and proceedings which now or may hereafter be used in the superior courts, either under the common law or by statute, including among other proceedings, attachments and garnishment proceedings, illegalities, counter-affidavits to any proceeding from said court, statutory awards, proceedings and issues against intruders, and tenants holding over, issues upon distress warrants, partition of personalty, foreclosures of all kinds of liens and mortgages, and quo warrantos. The said court shall be a court of record and the clerk of said court shall be required to record all proceedings of said court in the same manner as the clerk of superior courts are required to record similar proceedings in the superior court. Section 3. Jurisdiction in Criminal Cases: The said Civil and Criminal Court of Troup County shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the County of Troup where such offenses are designated by law to constitute a misdemeanor. And it is hereby made the duty of all officers holding committal courts, to bind over to said Civil and Criminal Court of Troup County all offenders who are brought before them for investigation who are charged with the offenses over which said Civil and Criminal Court of Troup County has jurisdiction, when under the law the evidence is sufficient to bind them over. Section 4. Election of Judge and Solicitor: There shall be a judge and solicitor of said Civil and Criminal Court of Troup County, who shall be elected by the qualified voters of Troup County in the same manner and at the same time and places when other county officers and members of the Georgia Assembly are elected, and the judge and solicitor of said court shall hold their offices for the term of four years and until their successors are elected and qualified. All vacancies in the office of judge and solicitor of said court shall be filled by an appointment by the Governor, and shall be for the unexpired term.
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The present Judge and Solicitor of the City Court of LaGrange shall hold office as Judge and Solicitor of the Civil and Criminal Court of Troup County until their successors have been elected and qualified, their present terms not to expire until December 31, 1964, unless a vacancy shall occur, the same to be filled as herein above provided. Section 5. Judge; Qualifications; Oath; Salary: Any person who shall be elected Judge of said Civil and Criminal Court of Troup County must, at the time of his election be at least twenty-seven years of age; he must also have been a resident of Troup County for four years immediately preceding his election, and must have been a practicing attorney for at least five years immediately preceding his election, and before entering upon the discharge of his duties of his office, he shall take and subscribe the following oath: I solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as Judge of the Civil and Criminal Court of Troup County, according to the best of my ability and understanding, according to the laws and constitution of this State and of the United States, so help me God. And said oath shall be forwarded to the Governor and filed in the executive department. The salary of the Judge of the Civil and Criminal Court of Troup County shall be $8,000.00 per annum, which said salary shall be paid monthly from the Treasury of Troup County, Georgia, out of the general funds of said county, and it shall be the duty of the Commissioners of Roads and Revenues of Troup County, Georgia, to make provisions annually in levying taxes for this purpose. Said judge shall be hereby prohibited from practicing law in any of the Courts of Troup County, Georgia. Section 6. Solicitor; Qualifications; Oath; Bond; Salary: No person shall be elected Solicitor of said Civil and Criminal Court of Troup County unless at the time of his election he shall have arrived at the age of twenty-one years and
Page 3023
shall have been a resident of Troup County for one year immediately preceding his election, and shall have been a practicing attorney for at least one year. Said solicitor before entering upon the discharge of his duties of his office, shall take and subscribe the following oath: I do swear that I will faithfully and impartially, without fear, favor, or affection discharge my duties as the Solicitor of said Civil and Criminal Court of Troup County, so help me God. And said oath shall be forwarded to the Governor and filed in the executive department. Said solicitor shall also give bond and with good security for the faithful performance of his duties as solicitor of said court in the sum of one thousand dollars ($1,000.00). Said bond shall be payable to the Governor; shall be approved by the Judge of said Civil and Criminal Court of Troup County, and shall together with said oath be entered on the minutes of said court. If for any reason the said solicitor should be disqualified or fails to act in any case, the judge of said court shall have the power to appoint a solicitor pro tem. Any person who shall act as solicitor pro tem. of said court shall be entitled to a compensation of $25.00 per diem, the same to be paid out of the funds of Troup County. The Solicitor of the Civil and Criminal Court of Troup County shall not be permitted to practice criminal law in Troup County, Georgia, except as Solicitor of said Civil and Criminal Court of Troup County, and it shall be unlawful for said solicitor to defend any person in any of the courts of this State or of the United States when the defendant is accused of comitting or alleged to have committed any criminal offense in Troup County. The salary of the Solicitor of the said Civil and Criminal Court of Troup County shall be $4,800.00 per annum, for prosecution of all criminal cases, which said salary shall be paid monthly in equal installments from the Treasury of Troup County, Georgia, out of the general funds of said county, and it shall be the duty of the Commissioners of Roads and Revenues of Troup County, Georgia, to make provisions annually in levying taxes for this purpose.
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For all services for which this Act does not provide, said solicitor shall receive for the sole use of Troup County as herein provided the same fees as are provided for the solicitor-general of the superior courts. Section 7. Clerk; Powers; Duties; Salary: The Clerk of the Superior Court of Troup County shall be Ex Officio Clerk of the Civil and Criminal Court of Troup County. The duties of said Clerk of the Civil and Criminal Court of Troup County shall be the same in all respects as the duties of the clerk of the superior court, so far as the same may be applicable. The fees and costs of the Clerk of the Civil and Criminal Court of Troup County shall be the same as are now or may hereafter be allowed the clerk of the superior court. Said clerk as Ex Officio Clerk of the Civil and Criminal Court of Troup County shall not receive any additional salary other than that provided by law and the Commissioners of Roads and Revenues of Troup County, Georgia, and all fees and costs collected by the Ex Officio Clerk of the Civil and Criminal Court of Troup County shall be transmitted to the county treasury. The Clerk of the Superior Court of Troup County as Ex Officio Clerk of the Civil and Criminal Court of Troup County shall not be required to give any additional bond for the discharge of his duties as Clerk of said Civil and Criminal Court of Troup County, but the bond required of him as clerk of the superior court shall be conditioned for the faithful performance of his duties as Ex Officio Clerk of the Civil and Criminal Court of Troup County in addition to his duties as Clerk of the Superior Court of Troup County. Section 8. Sheriff: The Sheriff of Troup County, Georgia, by virtue of his office, shall be the Sheriff of the Civil and Criminal Court of Troup County. He shall have the power, with the consent of the judge of said court, to appoint a deputy, who shall before entering upon the discharge of his duties of office, give a bond in the sum of two thousand dollars, conditioned as the bonds of other deputy sheriffs. The salary of such deputy sheriff shall be paid
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out of the general funds of Troup County and the amount thereof shall be determined by the Commissioners of Roads and Revenues of Troup County, Georgia. Said deputy sheriff shall also act as the probation officer of said Civil and Criminal Court of Troup County, his duties to be prescribed by the judge thereof. For acting as Sheriff of the Civil and Criminal Court of Troup County, the sheriff shall receive the same fees as are now or may hereafter be allowed to the Sheriff of Troup County. Said sheriff in acting as Sheriff of the Civil and Criminal Court of Troup County shall not receive any additional salary other than that provided by law and the Commissioners of Roads and Revenues of Troup County, Georgia, and all fees collected by the sheriff as Sheriff of the Civil and Criminal Court of Troup County shall be transmitted to the county treasury. The Sheriff of Troup County by acting as the Sheriff of the Civil and Criminal Court of Troup County shall not be required to give any additional bond for the discharge of his duties as said sheriff, but the bonds required of him as Sheriff of Troup County shall be conditioned for the faithful performance of his duties as Sheriff of the Civil and Criminal Court of Troup County in addition to his other duties as Sheriff of Troup County. Section 9. Judge; Authority over officers: The Judge of the Civil and Criminal Court of Troup County may require the service of and exercise the same authority over the clerk, sheriff, deputy sheriffs and bailiffs of said court as may be exercised by the judges of the superior courts over such officers while holding in the superior courts. The pay of the bailiffs shall be the same as are allowed the bailiffs in the superior courts. Section 10. Powers of Judge and other Officers: The Judge of the Civil and Criminal Court of Troup County shall have the authority to issue warrants, warrants to dispossess tenants holding over, and intruders; to issue distress warrants, to issue attachments and garnishments,
Page 3026
to attest deeds and other papers, and to take affidavits anywhere in the State of Georgia, and the Judge of said Civil and Criminal Court of Troup County shall have concurrent jurisdiction with the superior court to hear and determine appeals and certioraris from courts of justices of the peace and all inferior courts of said county, except the court of ordinary; and the judge, solicitor, sheriff and his deputies shall have power to administer oaths and do all other official acts pertaining to their offices respectively, as such officers of the superior court may in the like cases do. Said Judge shall also have the power to issue writs of habeas corpus, and to hear and determine the same as judges of the superior courts do; cause testimony to be taken to be used de bene esse, and for the purpose of perpetuating testimony, within his jurisdiction, and generally to do all acts which a judge of the superior court may do unless otherwise provided in this Act. And the Judge of the Civil and Criminal Court of Troup County shall have all power and authority throughout his jurisdiction of judges of the superior court, except where by law exclusive jurisdiction is vested in the judges of the superior court. And all laws relating to and governing the judges of the superior courts shall apply to the judge of said court, so far as the same may be applicable, except as provided herein. The Judge of the Civil and Criminal Court of Troup County shall have the power and authority to hear and abate all nuisances in the County of Troup, whether arising in an incorporated town or city, or in the county outside said town or city. The proceedings shall be based upon the affidavits of two or more freeholders, setting forth clearly the hurt, damage, inconvenience or annoyance complained of, and the subsequent proceedings shall be in the same manner as that provided in Code sections 72-205, 72-206 for the hearing and abatement of nuisances by the ordinary. Section 11. Claim cases: The Civil and Criminal Court of Troup County shall have jurisdiction of all claim cases where personal property is levied on under execution or other process from said court, and said claim cases shall be tried in the same manner as are claims in the superior court.
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Section 12. Laws Applicable to Attachments and Garnishments: All laws upon the subject of attachments and garnishment in the superior courts of this state shall apply to the Civil and Criminal Court of Troup County in so far as the nature of the said court will admit. The judge of said court, or any other officer authorized by law to issue attachments, may issue attachments returnable to said Civil and Criminal Court of Troup County under the same laws that govern the issuing of attachments in the superior courts, and all attachments returnable to the Civil and Criminal Court of Troup County shall be directed to all and single the sheriff and constables of this state, and may be served by the Sheriff of the Civil and Criminal Court of Troup County or his deputy, or any sheriff or constable or other officer, authorized by law to levy attachments, returnable to other courts. Section 13. Garnishments: The garnishment proceedings in said Civil and Criminal Court of Troup County shall be conformable to the laws of the State on that subject in the superior courts, and when returnable in another county where there is no court of like character with this, shall be returnable to the superior court of such county. Section 14. Contempt: The Judge of the Civil and Criminal Court of Troup County shall have the power to enforce his orders, to preserve order, to punish for contempt, and to enforce all his orders and judgments as vested by law in the judges of the superior courts of this State. Section 15. Trials: The judge of said court shall, and it shall be his duty to hear and determine all cases, either civil or criminal, when agreed to by each party, over which said Civil and Criminal Court of Troup County has jurisdiction, and to give judgment thereon; provided always that either party in said cause shall be entitled to a trial by jury in said court without written or oral demand in all cases where the principal sum claimed exceeds $50.00, and in all cases which said party is entitled to trial by jury, under the constitution and laws of this state. All jury cases, criminal and civil, shall be tried at the quarterly term.
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Section 16. Terms of Court; Consent for Trial; Default Judgments: The terms of the said Civil and Criminal Court of Troup County shall be held on the first Monday in March, first Monday in June, first Tuesday in September, and the first Monday in December, provided, that the Judge of the said Civil and Criminal Court of Troup County may change the time of holding said court; said change to be advertised one time in the newspaper where the sheriff's sales are published; said terms to be as near equidistant as convenient. The terms of said court shall last until the business is disposed of, and the judge may set cases for trial at convenient times, and the same may be tried as of the term, whether the court has been held from day to day or not. The judge of said court may be agreement, and the consent of the parties, hear and try any case, both civil and criminal, without a jury, at any time and at his discretion. After any suit has been filed, by consent of the parties or their counsel, any case may be tried at the next term of said court and a lawful verdict and judgment may be rendered therein. The Civil and Criminal Court of Troup County may enter a default judgment in any case in the same manner as the law provides for entering default judgments. Section 17. Practice and Procedure same as in Superior Court: Suits in said Civil and Criminal Court of Troup County shall in all respects be conformable to the mode of procedure in the superior courts, but the process to all suits and writs shall be annexed by the clerk of said court, and shall be attested in the name of the judge thereof, and shall be directed to the sheriff or his lawful deputies, and all executions issued from said court shall be attested in the name of the judge and signed by the clerk, and directed to all and single the sheriffs and their lawful deputies of the state of Georgia. Section 18. Practice and Procedure; Judge may Promulgate Rules; Order of Trial of Criminal Cases; Continuance:
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In said Civil and Criminal Court of Troup County the same rules of procedure, service, pleading and practice shall govern as that used in the superior courts, except as otherwise provided in this Act; and whenever and in all cases where the rules of the superior court cannot be made applicable on account of the difference between the constitution of the two courts, then the judge of said Civil and Criminal Court of Troup County may make and promulgate rules to cover such cases, the publication of the same to be paid for by the county. It shall be the duty of the Judge of the Civil and Criminal Court of Troup County during the trial of criminal cases in said court to call for trial said criminal cases in the order that the same appears on the criminal docket of said court. The said judge of said court shall call for trial first, the first case appearing on said criminal docket and shall then proceed, as long as said court continues, to call for trial cases in the order that the same appears upon said docket. When the said judge of said court calls the cases for trial in the manner above referred to, it shall be the duty of said judge to require an announcement of both the state and the defendant or his counsel, and if a motion to continue is to be made by either side he shall require the same to be made then, otherwise the cases shall proceed to trial. In the event any case is continued to a later day of said term of court, the judge of said court shall call said case or cases first on the date to which the same have been continued. Section 19. Commencement of Suits; Parties; Defenses; Witnesses; etc: The General laws of force in the superior courts with regard to the commencement of suits, and making parties to cases pending, defenses, set-off, affidavits of illegality, arbitration, examination of witnesses by interrogatories, or to subpoena witnesses and require them to attend court and give evidence, continuances and amendments, and all matters pertaining to pleading and practice, and all matters of a judicial nature within the jurisdiction of said Civil and Criminal Court of Troup County shall be of force in said court, except as otherwise provided in this Act.
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Section 20. Enforcement of Judgments: All laws regulating the enforcement of judgments of the superior courts, whether civil or criminal, shall apply to said Civil and Criminal Court of Troup County, an execution shall issue and be levied and sales be had thereunder, under the same rules and laws governing the same in the superior courts. Section 21. Trial by Accusation: Defendants in criminal cases may be tried on written accusations in said Civil and Criminal Court of Troup County, founded on affidavits setting forth plainly the offenses charged, which accusation shall be signed by the prosecutor or the prosecuting officer of said court, provided the accused has either had or waived a commitment trial before some lawful committing officer. Section 22. Judge; Power to Hear and Determine Criminal Cases: The Judge of the Civil and Criminal Court of Troup County shall have the power to hear and determine criminal cases without a jury at any time, to accept pleas of guilty, and to pass sentence on those convicted or pleading guilty. Section 23. Transfer of Misdemeanors from Superior Court: The judge of the superior court may transfer any or all presentments or bills of indictment for misdemeanors to said Civil and Criminal Court of Troup County for trial, the order so transferring the same to be entered upon the minutes of both courts. Section 24. Jurors; Procurement; Compensation: Traverse jurors in said Civil and Criminal Court of Troup County shall be procured in the following manner: The clerk of said court shall provide a court jury-box similar to the traverse jury box of the superior court, and shall write upon separate pieces of paper the name of each person upon the grand jury list, and each person upon the traverse jury list of the superior court of said county, and shall place all of said names in said court jury box, from which shall be drawn a sufficient number of jurors to serve for each week of the term of court for which they are drawn.
Page 3031
All laws in reference to drawing, summoning, impaneling traverse jurors in the superior courts shall apply to the Civil and Criminal Court of Troup County, and the judge of said court shall have the power to summon tales jurors for the Civil and Criminal Court of Troup County as the judges of the superior courts have for the superior courts. Jurors in said Civil and Criminal Court of Troup County shall receive the same pay, and be paid in the same manner and under the same rules and regulations as jurors are, or may be hereafter, paid in the superior courts. The number of jurors that may be drawn to serve in said Civil and Criminal Court of Troup County shall be in the discretion of the judge thereof. Section 25. Jury Panels: All laws with reference to the qualifications, impaneling, challenging and fining jurors now in force or hereafter to be enacted in the superior courts, shall be of force in said Civil and Criminal Court of Troup County, except when inconsistent with this Act. In cases which are to be tried by juries the parties shall be entitled to the full panel of twenty-four from which to strike. In civil cases each party shall be entitled to six peremptory strikes, and in criminal cases the defendant shall be entitled to seven and the state to five peremptory strikes, and all laws and rules governing the selection of jurors in the superior courts shall be of force in said Civil and Criminal Court of Troup County unless inconsistent with this Act. Section 26. New Trials: The Judge of the Civil and Criminal Court of Troup County shall have the authority to grant new trials in all cases tried in said court, both civil and criminal, 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, and all rules and laws of pleading and practice and procedure, governing motions for new trials and carrying cases to the Court of Appeals and the Supreme Court of this State by bill of exception from the superior courts, shall apply to and govern the same in said Civil and Criminal Court of Troup County.
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Section 27. Writs of Error to Appellate Courts: A writ of error direct from said Civil and Criminal Court of Troup County to the Court of Appeals and Supreme Court of this State shall lie upon the bill of exceptions under the same rules and regulations as govern the certifying, serving, filing, transmitting of bills of exception from the superior courts of this State before the Court of Appeals and Supreme Court. Section 28. Judge Pro Hac Vice: Whenever, from any cause, the Judge of the said Civil and Criminal Court of Troup County is disqualified from presiding in any case, and the judge of the superior court from any cause, fails to preside in said Civil and Criminal Court of Troup County as provided by the Constitution of this State, then upon the consent of the parties, or upon their refusal to agree, said case may be tried by a judge pro hac vice, selected in the same manner as is now provided in the superior courts of this State. Any person who shall act as a judge pro hac vice of said Civil and Criminal Court of Troup County shall be entitled to a compensation of $50.00 per diem, the same to be paid out of the funds of Troup County. Section 29. Fees; Fines; Forfeitures; Accounting; etc: All fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind which shall be allowed by law, to be received or collected for services rendered by any official of the Civil and Criminal Court of Troup County, shall be received and collected by all of said officials, and each of them, for the sole use of Troup County, and shall be held as public moneys belonging to said county and accounted for and paid over to said county on or before the tenth day of each month, at which time a detailed and itemized statement shall be made by such official showing such collections and sources from which colected, and the county treasurer or other custodian or depository of county funds, shall keep a separate account, showing the source from which said funds arrived. All such uncollected funds now outstanding in the City Court of LaGrange shall be paid into the general fund of Troup County when they are collected and the same shall be shown
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to have been collected by the officials of the Civil and Criminal Court of Troup County. Provided, all justices of the peace, notary public ex officio justices of the peace, recorders and other like officials whose duty it is to issue warrants and bind over persons charged with offenses to be tried in said court, shall be entitled to their fees and costs as now are provided by the laws of the State of Georgia. Section 30. Transfer of Pending Cases: All pending cases, both civil or criminal, together with all other matters relating to the City Court of LaGrange, are hereby transferred to the Civil and Criminal Court of Troup County, and shall be tried and disposed of as other cases in said Civil and Criminal Court of Troup County; all dockets, records, books and papers of the City Court of LaGrange shall be turned over to, be used and disposed of by the Civil and Criminal Court of Troup County; all final and other processes heretofore issued returnable to the City Court of LaGrange shall be returnable to the Civil and Criminal Court of Troup County. The judge and other officers of the Civil and Criminal Court of Troup ounty shall have power and authority to enforce all process necessary to the disposition of any case from the City Court of LaGrange which for any cause has not been disposed of by the officers of the City Court of LaGrange. All fi. fas. and processes not satisfied issued from the City Court of LaGrange may be enforced and levied by the officer of and in the same manner as similar papers are disposed of in the Civil and Criminal Court of Troup County. Section 31. Books; Papers; Supplies; etc: The Commissioners of Roads and Revenues of Troup County shall provide to the Civil and Criminal Court of Troup County all the necessary books, papers, minutes, dockets, equipment, supplies, and stationery necessary to run said court. Section 32. Court Reporter; Appointment; Compensation: The Judge of the Civil and Criminal Court of Troup County shall have the power to appoint an official court reporter for said court to report all cases and other matters
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in said court. Said court reporter shall receive the same fees and compensation as is provided by law for court reporters in the superior courts of this State. Said court reporter shall be an officer of said court and shall be subject to all powers, jurisdiction, rules and regulations of said court. Section 33. Unconstitutionality: Should any provision of this Act be held illegal or unconstitutional the same shall not vitiate the remaining provisions of said Act, but all such provisions not held illegal or unconstitutional shall remain in full force and effect. Section 34. Repeal of Conflicting Laws: All laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. The following enumerated Acts are hereby expressly repealed by this Act: Act approved December 9, 1899, (Ga. L. 1899, p. 385-395, inclusive); Act approved November 30, 1900, (Ga. L. 1900, p. 140-143, inclusive); Act approved December 18, 1901, (Ga. L. 1901, p. 135-136, inclusive); Act approved July 30, 1903, (Ga. L. 1903, p. 149); Act approved August 23, 1905, (Ga. L. 1905, p. 263-266, inclusive); Act approved August 14, 1909, (Ga. L. 1909, p. 255-257, inclusive); Act approved August 18, 1913, (Ga. L. 1913, p. 250-251, inclusive); Act approved August 18, 1919, (Ga. L. 1919, p. 481-484, inclusive); Act approved July 29, 1925, (Ga. L. 1925, p. 435-436, inclusive); Act approved August 30, 1925, (Ga. L. 1925, p. 437-438, inclusive); Act approved March 7, 1935, (Ga. L. 1935, p. 526-528, inclusive); Act approved December 13, 1937, (Ga. L. 1937, Ex. Sess., p. 711-713, inclusive); Act approved February 26, 1945, (Ga. L. 1945, p. 806); Act approved March 7, 1955, (Ga. L. 1955, p. 3147-3149, inclusive); Act approved March 7, 1955, (Ga. L. 1955, p. 2907-2909, inclusive). Section 35. Effective Date of Act: The effective date of this Act shall be on the first day of April, 1962.
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Affidavit of Publisher of Newspaper. Georgia, Troup County. Before me personally appeared Phil Buchheit, who being duly sworn, deposes and says that he is the publisher of the LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the Sheriff's sales of said County of Troup in said State, and that the above notice of intention to introduce local legislation was published in said newspaper on the following dates: December 22, 29, 1961, January 5, 12, 1962, being four publications of said notice issued on dates aforesaid respectively. /s/ Phil Buchheit Publisher Sworn to and subscribed before me 12th day of January, 1962. /s/ Eleanor H. Orr Notary Public, Troup County. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January 1962 Session of the General Assembly of Georgia a bill to change the name of the City Court of LaGrange to the Troup County Civil and Criminal Court, to change the powers and duties of said Court, to provide for consolidation of all Acts relating to the said Court, to repeal existing statutes, and for other purposes. Troup County Commissioners Approved March 6, 1962.
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LINCOLN COUNTYTREASURER'S SALARY. No. 913 (House Bill No. 951). An Act to amend an Act providing compensation for the treasurer of Lincoln County approved August 19, 1916 Ga. L. 1916, p. 461), as amended particularly by an Act approved March 26, 1947 (Ga. L. 1947, p. 735), an Act approved March 17, 1960 (Ga. L. 1960, p. 2940), so as to change the compensation of the treasurer of Lincoln County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing compensation for the treasurer of Lincoln County approved August 19, 1916 (Ga. L. 1916, p. 461), as amended particularly by an Act approved March 26, 1947 (Ga. L. 1947, p. 735), an Act approved March 17, 1960 (Ga. L. 1960, p. 2940), is hereby amended by striking the words and figures six hundred dollars ($600.00) and inserting in lieu thereof the words and figures nine hundred ($900.00) dollars, so that when so amended said Section shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia that the treasurer of Lincoln County shall receive as sole compensation for his services a salary of nine hundred ($900.00) dollars per year, to be paid in equal monthly installments from the funds of Lincoln County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for the Passage of Local Legislation. Notice is hereby given that application will be made at the January, 1962 session of the General Assembly of Georgia for the passage of a bill to amend an Act approved August 19, 1916 (Ga. L. 1916, p. 461), as amended by an Act approved March 26, 1947 (Ga. L. 1947, p. 735), and as
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amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 2940), as the same relates to the compensation of the treasurer of Lincoln County, Georgia. This 1st day of January, 1962. Ben B. Ross, Representative, Lincoln County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben B. Ross, who, on oath, deposes and says that he is Representative from Lincoln County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal, which is the official organ of said county, on the following dates: January 4, 11, 18, 1962. /s/ Ben B. Ross Representative, Lincoln County Sworn to and subscribed before me this 29th day of January, 1962. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 6, 1962.
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CITY OF TENNILLECORPORATE LIMITS, REFERENDUM. No. 915 (House Bill No. 957). An Act to amend an Act creating a new charter for the City of Tennille, approved August 21, 1906 (Ga. L. 1906, p. 1073), as amended, particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 2797), so as to change the corporate limits of the City of Tennille; to provide that there will be no city tax on poultry, livestock and farm machinery, excluding trucks, situated in the city limits of Tennille; 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 Tennille, approved August 21, 1906 (Ga. L. 1906, p. 1073), as amended, particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 2797), is hereby amended by striking section 2 and section 2 (a) in their entirety and inserting in lieu thereof a new section to be known as section 2 to read as follows: Section 2. The following described area shall be the corporate and jurisdictional limits of the City of Tennille. From the middle of the monument situated on the square in the City of Tennille for a distance of 5,800 feet in every direction. Corporate limits. Section 2. Not less than 20 nor more than 30 days after the date of the approval of this Act, by the Governor, or after it otherwise becomes law, it shall be the duty of the clerk of the City of Tennille to issue the call for an election for the purpose of submitting this Act to the registered voters within the present corporate limits of the city for approval or rejection. The clerk shall set the date of such election for a day not less than 20 nor more than 30 days after the date of the issuance of the call. The clerk shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date
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thereof in the official organ of Washington County. The ballot shall have written or printed thereon, the words For approval of the Act changing the corporate limits of the City of Tennille and Against approval of the Act changing the corporate limits of the City of Tennille. Referendum. All persons desiring to vote in favor of the Act shall vote for approval and those persons desiring to vote for rejection of the Act shall vote against approval. After the clerk sets the date for the election in the city it shall be the duty of the ordinary to immediately issue the call for an election for the purpose of submitting this Act to the registered voters of the area proposed to be annexed to the city. The ordinary shall set the date of such election for the same day as the day set by the clerk. 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 Washington County. The ballot shall have written or printed thereon, For approval of the Act changing the corporate limits of the City of Tennille and Against approval of the Act changing the corporate limits of the City of Tennille. All persons desiring to vote in favor of the Act shall vote for approval and those persons desiring to vote for rejection of the Act shall vote against approval. It shall be the duty of the clerk to hold and conduct the election within the city. He shall hold such election under the same laws, rules and regulations as govern general elections, unless otherwise provided herein. It shall be the duty of the clerk to canvass the returns and declare and certify the result of the election in the city. It shall be the duty of the ordinary to hold and conduct the election in the area proposed to be annexed. He shall hold such election under the same laws and rules and regulations as govern general elections, unless otherwise provided herein. It shall be the duty of the ordinary to to canvass the returns and declare and certify the result of the election in the area proposed to be annexed. If a majority of the votes in each of the aforesaid elections are for approval of the Act it
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shall become of full force and effect. If less than a majority of the votes cast in either of the aforesaid elections are for approval of the Act, it shall be void and of no force and effect. The ordinary shall keep a list of expenses incurred by him in holding the election in the area proposed to be annexed, and it shall be the duty of the City of Tennille to reimburse him for such expenses. The expenses of the election in the city shall likewise be borne by the City of Tennille. The ordinary shall certify the results of the election in the area proposed to be annexed to the clerk and the clerk in turn shall certify the results of the election within the city and the election in the area proposed to be annexed to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia, a bill to change the corporate limits of the City of Tennille; and for other purposes. This 15th day of December, 1961. Francis Joiner, Representative, Washington County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Francis 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. 21 28, 1961, Jan. 4, 1962. /s/ Francis Joiner Representative, Washington County
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Sworn to and subscribed before me this 29th day of January, 1962. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 6, 1962. CHATTAHOOCHEE COUNTYPENSIONS FOR EMPLOYEES. No. 917 (House Bill No. 960). An Act to provide for retirement of certain employees of Chattahoochee County; to provide the qualifications necessary for retirement; to provide limits for retirement; to provide for funds; to provide for termination of retirement funds; 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. The board of commissioners of roads and revenue of Chattahoochee County is hereby authorized and empowered to retire any county employee who is employed by the board and who has served as such employee for at least 30 years. Upon such retirement any such employee shall receive an amount equal to sixty (60%) per cent of the amount of compensation such person was receiving at the time of retirement. The funds necessary to carry out the provisions herein shall come from the funds of Chattahoochee County. The retirement payments to any such person shall terminate upon the death of the person being paid. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice. There will be two Bills introduced to the Georgia General Assembly, concerning Chattahoochee County only. 1. To set standard of retirement for county employees. 2. Allow the Board of Education to appoint county superintendents. Joe N. King State Representative. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe N. King, who, on oath, deposes and says that he is Representative from Chattahoochee County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Enquirer, which is the official organ of said county, on the following dates: Dec. 25, 1961, Jan. 1, 8, 15, 1962. /s/ Joe N. King Representative, Chattahoochee County Sworn to and subscribed before me this 29th day of January, 1962. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 6, 1962.
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GLYNN COUNTYANNUAL AUDITS. No. 918 (House Bill No. 969). An Act to amend an Act creating a board of commissioners of roads and revenue for Glynn County, Georgia, approved February 11, 1937, (Ga. L. 1937, p. 1336), as amended by an Act approved February 21, 1939 (Ga. L. 1939, p. 607) to provide for an annual audit, commencing after the close of business on June 30; 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 21, 1939 (Ga. L. 1939, p. 607) is hereby amended by striking section 1 of said Act in its entirety and inserting in lieu thereof a new section 1, to read as follows: Section 1. 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 enactment hereof, the charter of the commissioners of roads and revenue of Glynn County shall be and the same is hereby amended to require the said board to cause annually, commencing after the close of business on June 30 of each year, an audit to be made by a certified public accountant authorized to practice in this State of the books and accounts of each officer and employee of the county authorized to receive or disburse any of the funds of the county; the scope of such audit comprehensive enough to permit and the said board shall require the accountant making the audit to certify whether each such officer and employee has properly accounted for all monies shown to have passed through his hands up to and including the date of the certificate of audit. Audits.
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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 Seek Local Legislation. Notice is hereby given that there will be introduced in the 1962 session of the General Assembly of Georgia which convened on January 8, 1962, a bill to amend an Act creating a board of commissioners of roads and revenue of Glynn County, Georgia, approved February 11, 1937, and as amended by an Act approved February 21, 1939, so as to provide for an annual audit, commencing after the close of business on June 30, of the books and accounts of each officer and employee of the county authorized to receive or disburse any of the funds of the county; and for other purposes. This 12th day of January, 1962. /s/ William R. Killian /s/ Winebert D. Flexer State Representatives, Glynn County, Georgia. 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: Jan. 13, 15, and 22, 1962. /s/ William R. Killian Representative, Glynn County /s/ Winebert D. Flexer Representative, Glynn County
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Sworn to and subscribed before me this 29th day of January, 1962. /s/ Janette Hirsch Notary Public. (Seal). Approved March 6, 1962. GLYNN COUNTYAUTHORITY OF BOARD OF EDUCATION. No. 919 (House Bill No. 970). An Act to amend an Act approved August 12, 1914, entitled An Act to consolidate and amend an Act to regulate public instruction in the County of Glynn, approved February 21, 1873, and the several Acts amendatory thereof and particularly the Act approved August 12, 1914 (Ga. L. 1914, pp. 275-286), and section 14 thereof, and all Acts amendatory thereto, so as to more definitely define the right, authority, duties and powers of the Board of Education of Glynn County, Georgia, to provide for the acquisition of property and the construction and equipping of school buildings and facilities in order to afford education beyond the high school level and to convey such properties and facilities and to contribute funds to one or more agencies or departments of the State of Georgia for such purposes; and for other purposes. Be it and it is hereby enacted by the General Assembly of the State of Georgia, to-wit: Section 1. That from and after the passage of this Act, that section 14 of the Act approved July 23, 1914 (Ga. L. 1914, pp. 275, 285), and the Acts amendatory thereto is hereby amended by adding at the end of section 14 of said Act of 1914, the following words, to-wit: The Board of Education of Glynn County, its successors or assigns, is
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specifically authorized, as is the general intent of the preceding portion of this section, to acquire real property and to acquire, construct and equip buildings and facilities for education beyond the high school level, and to maintain and operate same, and further, in its sole discretion, to contribute funds to the Board of Regents of the University System of Georgia, acting for and on behalf of the Regents of the University System of Georgia, to be applied toward the acquisition of real property and the acquisition, construction and equipping of buildings and facilities for education beyond the high school level, and the maintenance and operation of same and to convey such property, buildings and facilities to the Board of Regents of the University System of Georgia, its successors or assigns, same to be operated and maintained as per the terms and conditions agreed upon between said Board of Education and said Board of Regents. Colleges. Section 2. Be it further enacted 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. Severability. Section 3. Be it further enacted that all laws or parts of laws in conflict with the provisions hereof be, and the same are, hereby repealed. Section 4. That attached hereto and made a part hereof as required by the Constitution of the State of Georgia now of force, is the affidavit of the authors of this Act, to the effect that the notice of intention to apply for local legislation, a copy of which is attached to such certificate and affidavit, was published in The Brunswick News, the newspaper in which Sheriff's advertisements for Glynn County, Georgia, are published, in which county the Board of Education of Glynn County is located, in the issues of January 6, 8 and 15, 1962. Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia,
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William R. Killian and Winebert D. Flexer, who having been first duly sworn, on oath each deposes and says that they are the authors of the above and foregoing Act to amend an Act to regulate public instruction in the County of Glynn; that the notice of intention to seek local legislation, copy of which is attached below this affidavit, was published in The Brunswick News, the newspaper in which are published sheriff's advertisements for Glynn County, Georgia (in which county lies the City of Brunswick), in the issues of January 6, 8 and 15, 1962; and that this affidavit is made by the undersigned as required by Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia, ratified August 7, 1945, as amended, and ratified at the General Election held November 4, 1952. /s/ William R. Killian /s/ Winebert D. Flexer State Representatives, Glynn County, Georgia Sworn to and subscribed before me on this 29th day of January, 1962. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission Expires Oct. 6, 1964. (Seal). Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the 1962 session of the General Assembly of Georgia, which convenes on January 8, 1962, a bill to amend the Act creating the Board of Education of Glynn County, and all Acts amendatory thereof, so as to more definitely define the right, authority, duties and powers of said Board of Education to provide for the acquisition of property and the construction and equipping of school buildings and facilities in order to afford education beyond the high school level and to convey such properties and facilities or to contribute funds to one or more agencies or departments of the State of Georgia for such purposes.
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This January 5, 1962. /s/ William R. Killian /s/ Winebert D. Flexer State Representatives, Glynn County, Georgia. Approved March 6, 1962. PUTNAM COUNTYOFFICE OF TAX COMMISSIONER CREATED, REFERENDUM. No. 921 (House Bill No. 1004). An Act to consolidate the offices of tax collector and tax receiver of Putnam County; to create the office of tax commissioner of Putnam County; to fix the term and compensation of said officer; to prescribe the rights, duties, and liabilities of said officer; to provide that the present tax collector and tax receiver shall complete their terms of office; to provide that taxes due and all fi fas shall have full force and effect and be collectible as issued; to provide for compensation of such tax commissioner; to provide the effective date of this Act; to provide the term of office of said tax commissioner and for his election; to provide for referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The offices of tax collector and tax receiver are hereby abolished, and the duties of the two said offices are hereby consolidated into one office; provided, however, that the present tax collector and tax receiver shall continue their terms of office which expire December 31, 1964. Offices abolished. Section 2. The office of tax commissioner of Putnam County is hereby created in lieu of said abolished offices so consolidated, and the rights, duties, and liabilities of said office of tax commissioner of Putnam County shall be the
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same as the rights, duties, and liability of the tax collector and tax receiver of said county insofar as the same are applicable. The qualifications of said tax commissioner shall be the same as those prescribed for tax collector. Tax commissioner. Section 3. The taxes due and payable, and all tax fi fas issued by the tax collector of Putnam County, outstanding at the time that this Act shall become effective as hereinafter provided, shall have full force and effect and shall be collectible as issued. Outstanding taxes due. Section 4. The tax commissioner shall be compensated in the amount of eight thousand ($8,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Putnam County; Provided, however, that the tax commissioner shall still receive the fees allowed by law from the sale of motor vehicle tags if acting as tag agent. The tax commissioner shall be compensated for clerical help in an amount not less than twenty-four hundred ($2,400.00) dollars and not more than thirty-six hundred ($3,600.00) dollars per annum, such compensation to be set solely in the discretion of the Putnam County commissioners of roads and revenue to be paid in equal monthly installments from the funds of Putnam County. Salary. Section 5. The election of the first tax commissioner of Putnam County shall be held at the same time and under the same laws as other county officers are now elected at the general election held for county officers, the next election to be held in 1964 and quadrennially thereafter, and the person so elected shall enter upon his duties of office hereby created on January 1, 1965, and shall serve for a term of four (4) years. In case of vacancy in said office, the same shall be filled as vacancies in the office of tax collector are filled. Election, etc. Section 6. The tax commissioner of Putnam County shall take oath to faithfully and diligently discharge all duties of such office, and to properly account for all monies collected to the proper authorities at the time prescribed by law, and shall give bond with some surety company authorized
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to do business in Georgia as surety, in such amount as may be fixed by the commissioners of roads and revenue of Putnam County. Oath, bond, etc. Section 7. It shall be the duty of the ordinary of Putnam County to call for an election for the purpose of submitting this Act to the voters of Putnam County for approval or rejection. The ordinary shall set the date of such election to be held on the same day of the next general election. The ordinary shall cause a date and purposes of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Putnam County. The ballot shall have written or printed thereon the words: For approval of the Act abolishing the office of Tax Collector and Tax Receiver and creating the office of Tax Commissioner of Putnam County. Referendum. Against approval of the Act abolishing the office of Tax Collector and Tax Receiver and creating the office of Tax Commissioner of Putnam County. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If 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 Putnam County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 8. 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 1962 session of the General Assembly of Georgia, a bill to consolidate the offices of tax collector and tax receiver of Putnam County into the one office of tax commissioner of Putnam County effective at the end of the present term of the tax collector and tax receiver; to provide for a salary; to provide for a referendum; and for other purposes. This 9th day of January, 1962. N. D. Horton, Jr. Representative, Putnam County Because of numerous requests from citizens of Putnam County, and at the recommendation of the last grand jury, the board of commissioners unanimously offer their support to the Bill presented by Representative N. D. Horton, Jr. Jeff Maddox Charles Hudson W. F. Resseau Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, N. D. Horton, Jr., who, on oath, deposes and says that he is Representative from Putnam County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Eatonton Messenger, which is the official organ of said county, on the following dates: January 11, January 18, and January 25. /s/ N. D. Horton, Jr. Representative, Putnam County
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Sworn to and subscribed before me this 30 day of January, 1962. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 6, 1962. LAURENS COUNTYOFFICE OF COUNTY TREASURER ABOLISHED, REFERENDUM. No. 922 (House Bill No. 1006). An Act to abolish the office of county treasurer of the County of Laurens, in the State of Georgia; to provide for the appointment and designation of a county depository for the funds of said county, to define the powers, duties and liabilities of such depository and its surety; to provide the procedure connected therewith; to provide for 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. On and after the 31st day of December, in the year 1964, the office of County Treasurer of the County of Laurens, in the State of Georgia, be and the same is hereby abolished and no county treasurer will be elected in the year 1964 nor at any time thereafter. Office abolished. Section 2. The board of commissioners of roads and revenues in and for said county, shall at their first meeting in December, 1964, and annually thereafter appoint and designate some regularly chartered bank in said County of Laurens as the county depository for a term as herein provided to receive all county funds heretofore handled, received and collected by the county treasurer of said county, and to disburse the same as the law now requires county funds to be disbursed by the county treasurer. County depository.
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Section 3. The appointment and designation of said depository shall be made in writing showing the contract and agreement entered into by the board of commissioners of roads and revenues of such county, and such depository, and the said contract and agreement shall be entered upon the minutes of said board and kept on file. Appointment. Section 4. The appointment and designation of such depository shall be for a term of one year and until a successor is appointed, designated and qualified. The term of the first depository appointed by this Act shall be from the first day of January, 1965 and ending at the end of the 31st day of December, 1965. Thereafter the term of such depository shall be for a period of one year, said term dating from the expiration of the first term of from a subsequent term. Term. Section 5. In case of a vacancy, by resignation, removal or otherwise, the board of county commissioners of roads and revenues in and for said county are hereby authorized and empowered to appoint and designate a county depository for the unexpired term and the depository so appointed shall be subject to the same terms and regulations as a regularly appointed and designated depository. Vacancies. Section 6. Each depository so selected shall qualify by giving bond with good security in the amount required by law of county treasurers, same to be approved by the board of commissioners of roads and revenues in and for said county and the premium of said bond shall be paid from county funds. Bond. Section 7. The duties of such depository shall be such as are now required of county treasurers and that all laws and parts of laws now of force relating to the duties and liabilities of county treasurers and their sureties shall be and are hereby made applicable to said county depository and its surety. Duties. Section 8. The officer or officers of said county having charge of county matters shall make such contract and
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agreement with said depository and upon such terms as heretofore mentioned, but in no event shall said depository be paid in excess of six hundred dollars per annum for its services, said sum to be paid monthly from county funds. Compensation. Section 9. The county treasurer of said county is hereby authorized and directed to turn over at the expiration of his term of office all funds and property of said county in his hands which, under the law, should be handled by such depository to such depository. Transfer of funds, etc. Section 10. At the next regular democratic primary held after the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Laurens County to issue the call for an election for the purpose of submitting this Act to the voters of Laurens County for approval or rejection. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date therof, in the official organ of Laurens County. The ballot shall have written or printed thereon the words: For approval of the Act to provide for the appointment and designation of a county depository for the funds of Laurens County. Referendum. Against approval of the Act to provide for the appointment and designation of a county depository for the funds of Laurens County. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided hereinbefore. 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 Laurens 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
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govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 11. 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, Ga. Courier-Herald, the official organ of Laurens County in which the advertisements of the Laurens sheriff's sales are published, do certify that the attached is a true and accurate copy of notice of intention to introduce local legislation in the 1962 session of the General Assembly of the State of Georgia, and that the said notice was published on January 6th, 13th and 20th, 1962. This the 20th day of January, 1962. /s/ W. H. Champion Editor Publisher Dublin, Ga. Courier-Herald Sworn to and signed before me this the 20th day of Jan., 1962. /s/ Cora Lee M. Prescott My commission expires Oct. 2nd, 1965. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to introduce local legislation in the General Assembly of Georgia which convenes in January, 1962, to amend an Act creating the office of treasurer of Laurens County so as to abolish the office of treasurer of Laurens County at the end of the present term, December 31, 1964; so as to provide for the carrying out of the duties now performed by the treasurer of Laurens County; so as to provide bond for the person or persons
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performing the duties of treasurer of Laurens County; and for other purposes. This the 4th day of January 1962. W. H. Lovett, Representative, Laurens County, Georgia. Approved March 6, 1962. CITY OF GORDONCORPORATE LIMITS. No. 924 (House Bill No. 1016). An Act to amend an Act creating the charter of the City of Gordon, approved August 21, 1916 (Ga. L. 1916, p. 717), as amended, so as to extend the city limits; 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 Gordon, approved August 21, 1916 (Ga. L. 1916, p. 717), as amended, is hereby amended by adding at the end of section 2 the following: Said corporate limits shall also include within the city limits of the City of Gordon, all that territory lying within the following boundaries: Beginning at the point marked by the intersection of the property of S. R. Owens and Robert W. Brooks and the right of way of State route #243 at the City of Ivey's west boundary line and from thence running northwest a distance of 1160 feet along the fence line of S. R. Owens and R. W. Brooks; thence turning 90 degrees southwest a distance of 2960 feet along a fence to property of Johnnie McCullar; thence turning 90 degrees northwest and running a distance of 2920 feet along the fence between property of
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S. R. Owens and Johnnie McCullar; thence turning 90 degrees southwest and running a distance of 1000 feet along a hedgerow to the right of way of the Georgia Power Company power line running from Gordon to Arkwright; thence turning northwest and running along the north side of said right of way a distance of 2050 feet; thence turning west and running along right of way a distance of 4100 feet to a branch upon the property of Ose Moore; thence turning southwest and running 1450 feet to the corner of the road known as the D. C. Hardie Road and paved road known as the B. B. Kennington Road; thence traveling along the eastern boundary of D. C. Hardie Road a distance of 5000 feet to the property of Mrs. C. A. Smith; thence turning 90 degrees southeast and running a distance of 430 feet to the corner of property of Mrs. C. A. Smith, E. E. Miller, and a public road; thence turning 90 degrees and running southwest a distance of 2850 feet along the line between E. E. Miller and Mrs. C. A. Smith and across the property of Mrs. C. A. Smith to the right of way of the Central of Georgia Railroad which runs from Gordon to Macon, Georgia; thence turning northwest and running a distance of 800 feet along the northern right of way of the said railroad to its intersection with Hickman Creek; and thence running southwest and across said railroad and following said Hickman Creek to the run on Little Commissioner Creek. Thence returning to the original beginning point and proceeding as follows: Southeast a distance of 50 feet across State route #243 to the property of S. R. Owens; thence turning northeast and running along said highway right of way a distance of 330 feet; thence turning east and southeast and running a distance of 3900 feet along the west boundary of the road from State route #243 to McIntyre to the intersection of the Gordon-McIntyre Road; thence turning 90 degrees southwesterly and running a distance of 3500 feet along the north side of the Gordon to McIntyre Road to a branch; thence turning along said branch and running a distance of 720 feet to the south boundary of the Central of Georgia Railroad right of way (Savannah Road); thence turning east along the south side of said
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railroad right of way and running a distance of 3300 feet to the Georgia Power Company right of way; thence turning south along the east side of the right of way of Georgia Power Company and running a distance of 2200 feet; thence turning west and running along the south side of Georgia Power Company's power line between Gordon and Macon a distance of 3950 feet; thence turning southwest along the road from public road to the Oscar Smith Place a distance of 2550 feet to the corner of property formerly known as the Lillian Francis place, the public road and the road to the Oscar Smith Place; thence turning northwest and running a distance of 1700 feet to the corner of J. R. Brooks, Major Stewart and Southern Clays Railroad right of way; thence running northwest a distance of 2220 feet along the line of the fence between J. R. Brooks, Major Stewart and General Refractories to the run of Little Commissioner Creek; thence running northwest 9000 feet along the run of Little Commissioner Creek to the junction of Hickman Creek. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that I shall introduce a bill in the 1962 session of the General Assembly to extend the city limits of the City of Gordon, Wilkinson County, Georgia. This 5th day of Dec. 1961. E. Brooks Lewis Representative from Wilkinson County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Brooks Lewis, who, on oath, deposes and says that he is Representative from Wilkinson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published
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in the Wilkinson County News, which is the official organ of said county, on the following dates: Dec. 7, 14, 21 28, 1961. /s/ E. Brooks Lewis Representative, Wilkinson County Sworn to and subscribed before me this 31st day of January, 1962. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved March 3, 1962. PAULDING COUNTYCOMMISSIONER OF ROADS AND REVENUES. No. 926 (House Bill No. 1019). An Act to create effective January 1, 1965, the office of commissioner of roads and revenue for Paulding County with the first such commissioner to be elected in 1964 to take office January 1, 1965; to provide for term of office; to provide for elections; to provide for qualifications; to provide for oath; to provide for filling vacancies; to provide for compensation; to provide for bond; to place certain restrictions upon purchasing of goods for the county and sale of goods of the county; to provide for an inventory of county property and supplies; to provide for penalties; to provide for powers and duties; to provide for audits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective January 1, 1965, there is hereby created the office of commissioner of roads and revenue of Paulding County. Although such office shall not come into existence until the aforesaid date, the first commissioner
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shall be elected in 1964, as hereinafter provided. The first commissioner shall be elected at the same time members of the General Assembly are elected in 1964 and shall take office January 1, 1965, for a term of four years and until his successor is elected and qualified. Each successor shall be elected quadrennially at the same time members of the General Assembly from Paulding County are elected and shall be elected for a term of four years and until his successor is elected and qualified. Office created, term, etc. Section 2. Any person, in order to be eligible to serve as commissioner, must be at least twenty-five (25) years of age, a resident of Paulding County for at least five years prior to the beginning of his term, and be qualified and registered in Paulding County to vote for members of the General Assembly. Before entering upon his duties, the commissioner shall take an oath to faithfully perform his duties under this Act and the Constitution and laws of the State of Georgia, which oath shall be administered by the ordinary of Paulding County. Qualifications, oath. Section 3. In the event a vacancy occurs in the office of commissioner for any reason other than the expiration of the commissioner's term of office, the ordinary of Paulding County shall appoint a person to serve as commissioner until a person is elected at a special election as hereinafter provided. It shall be the duty of the ordinary to issue the call for a special election not more than twenty (20) days after the date such vacancy occurs, and such election must be held on a day not less than twenty (20) nor more than thirty (30) days from the date of the issuance of the call. The date and purpose of the election shall be published in the official organ of the county once a week for two (2) weeks immediately preceding the date of the election. Said election shall be held under the general rules applicable to special elections and the ordinary shall declare and certify the results thereof. The person elected at such election shall serve for the unexpired term. Provided, however, if such vacancy occurs within a priod of not more than six (6) months prior to the date of the election at which a successor to the commissioner is to be elected, the ordinary
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shall appoint a person to serve for the remainder of the unexpired term. Vacancies. Section 4. The commissioner shall be compensated in the amount of six thousand ($6,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Paulding County, and the commissioner shall devote his full time to the duties of his office. He shall also be reimbursed for his actual expenses incurred in connection with the performance of his duties outside Paulding County, which shall include reimbursement for expenses incurred in attendance upon meetings of the County Commissioners Association. Compensation etc. Section 5. Before entering upon the discharge of his duties, the Commissioner shall give bond in the sum of fifty thousand ($50,000.00) dollars with a surety company authorized to do business in Georgia, as surety, which bond shall be payable to the ordinary of Paulding County for the use of Paulding County. Such bond shall be conditioned for the satisfactory and faithful performance of the duties of his office and for a true accounting of all monies and effects of said county coming into his custody, possession, or control. Such bond shall be filed in the office of the ordinary and shall be recorded upon his minutes. The premiums on such bond shall be paid from the funds of Paulding County. Bond. Section 6. It shall be unlawful for the commissioner or any firm, partnership, association, or corporation in which the commissioner is a partner or a stockholder to sell directly to the county, any goods or supplies or material or to purchase anything from the county. Crimes. Section 7. It shall be unlawful for the commissioner or any person related to him within the first degree according to canon law or any firm, partnership, association or corporation, in which any of such persons or such relations is an officer or any employee, to buy from or sell to Paulding County any goods or services of any kind whatsoever. Same. Section 8. It shall be unlawful for the commissioner to sell any county property, real or personal, which may lawfully
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be sold, except by competitive sealed bids, after advertisement for such bids in the official organ of Paulding County once a week for the two (2) weeks immediately preceding the date on which such bids must be submitted. Such advertisements shall give a complete description of the property being offered for sale. Such advertisements shall be given to the official organ by the commissioner, and shall be paid for from the funds of Paulding County. The highest of such bids submitted must be accepted. A file of all bids received shall be retained for a period of two (2) years by the clerk, and shall be open to public inspection at any time within such two-year period. Sale of property. Section 8A. 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. A file of all bids received shall be retained for a period of two (2) years by the cerk. Purchase. Section 9. It shall be the duty of the commissioner to maintain an accurate record of all property, material, supplies and equipment of Paulding County, by an inventory itemizing losses of property and the sale and purchases of all property, and the same shall be taken by a designated county employee or by the commissioner, and the commissioner shall submit a copy of the inventory each year to the first meeting of the grand jury; provided that the initial inventory shall be made by the commissioner by July 1, 1965. Records. Section 10. The commissioner shall have and exercise all the powers which are vested by law in the judges of the inferior courts and ordinaries when sitting for county purposes except that of supplying by appointment all vacancies in county offices and in ordering elections to fill them,
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and is hereby expressly given complete power, authority and control relative to county matters of Paulding County, which shall include the power and authority to do all things and perform all acts which are necessary and essential to carry on the affairs of Paulding County. The commissioner is hereby authorized to employ necessary personnel including a county attorney and a clerk or deputy and fix their compensation to assist in the performance of the duties imposed by this Act. However, the expense for hire of a clerk, deputy, or other clerical help in his office shall not exceed twenty-four hundred ($2400.00) dollars in any calendar year. Duties. Section 11. It shall be the duty of all officers of Paulding County now required by law to pay funds over to the county treasurer to pay the same over to the commissioner of roads and revenue of said county, from and after January 1, 1965, which funds shall be by him deposited in the county depository of said county, and said funds shall not be paid out except on check of said commissioner. Funds. Section 12. It shall be the duty of the commissioner, in paying obligations of the county, to issue checks which shall show the check number, the date, the name of the payee, the amount, the purpose for which the same is issued, and the fund out of which the same is paid, and shall maintain for his records a carbon copy of such check. It shall also be his duty to keep a well-bound book in which all deposits made shall be allocated to the particular funds in accordance with the provisions of law, and in which all checks issued shall be shown, so as to provide at all times up-to-date information relative to funds on hand in the various funds provided by law. Records. Section 13. It shall be the duty of said commissioner to prepare quarterly a brief summary of all funds received and all funds paid out during such quarter, the same to be published in one issue of the official organ of Paulding County during the month following the end of each quarter year, the publication fee to be paid out of county funds. Quarterly reports. Section 14. It shall be the duty of the commissioner to
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have an annual audit made of all receipts and disbursements of and the financial condition of the office of commissioner, by an independent auditing firm, provided that said audit shall be certified by a certified public accountant, a certified copy of which audit shall be presented annually to the first grand jury convening after said audit, and a copy of which shall be retained in the office of the commissioner, available for public inspection. Audits. Section 15. Said commissioner shall share the present office in the courthouse occupied by the ordinary until such time as he is able to provide other suitable office space in the courthouse of Paulding County in close proximity thereto. Office space. Section 16. Any commissioner who shall violate any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Crimes. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1962 session of the General Assembly of Georgia, a bill to create a board of commissioner of roads and revenues for Paulding County, and to provide the procedure connected therewith; and for other purposes. This 8th day of January, 1962. Samuel U. Braly, Senator, 38th District. James V. Rogers, Representative, Paulding County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. V. Rogers, who,
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on oath, deposes and says that he is Representative from Paulding County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era, which is the official organ of said county, on the following dates: 1/11/62, 1/18/62 1/25/62. /s/ J. V. Rogers Representative, Paulding County Sworn to and subscribed before me this 5 day of Feb., 1962. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved March 6, 1962. CITY OF ILATERMS, ETC. OF MAYOR AND COUNCILMEN. No. 927 (House Bill No. 1024). An Act to amend an Act to incorporate the City of Ila, Madison County, Georgia, approved February 1, 1951 Ga. L. 1951, p. 2133), so as to provide for a change in the terms of office for the mayor and councilmen; to provide for a change in the election of mayor and councilmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to incorporate the City of Ila, Madison County, Georgia, approved February 1, 1951 (Ga. L. 1951, p. 2133), 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, that the present mayor and councilmen of said City of Ila shall continue in office
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until the first Tuesday in January, 1963, and said mayor and councilmen shall exercise all the powers and authorities conferred upon the council of said City of Ila, created by this charter, and on the first Saturday in November, 1962, a mayor and four councilmen shall be elected, as provided in section 7 of this charter. Government. Section 2. Said Act is further amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7 to read as follows: Section 7. Be it further enacted, that on the first Saturday in November, 1962 and annually thereafter on the first Saturday in November there shall be elected for said city, by the qualified voters therein, a mayor, who shall serve for a term of one year. There shall also be elected on the first Saturday in November, 1962, four councilmen; two councilmen for a term of one year and two councilmen for a term of two years, and annually thereafter on the first Saturday in November two councilmen shall be elected for a term of two years. The said mayor and councilmen so elected shall take office on the first Tuesday in January next after their election. On the first Tuesday in January, after their election, the newly elected mayor and councilmen-elect shall meet in the city hall or other designated place in said city and then and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to-wit: `I do solemnly swear that I will well and truly demean myself as mayor (or councilman as the case may be) of the City of Ila for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me God.' Should the mayor or any councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings, as the business of the city may require, which special or called meetings, shall be called by the mayor in his discretion, to be convened as provided by the city ordinances. In the event
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that the office of mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal, or otherwise, said vacancy or vacancies may be filled by appointment and selection of the mayor and councilmen, in the case of vacancies in the council, and by the councilmen in the case of a vacancy in the office of mayor, and persons so elected shall be duly qualified to fill such vacancies for the unexpired term provided it does not exceed twelve months. Terms of mayor and councilmen, etc. Section 3. 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 Ila intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia, convening in January, 1962, repealing sections 6 and 7 of the Act creating a charter for the City of Ila (Ga. L. 1951, p. 2133 et. seq.), and enacting new sections 6 and 7, so as to provide that elections for mayor and councilmen shall be held on the first Saturday in November, 1962, and annually thereafter; that such mayor and councilmen shall take office on the first Tuesday in January, 1963, and annually thereafter; that on the first Saturday in November, 1962 two councilmen shall be elected for a term of one year and two councilmen for a term of two years; and that annually thereafter two councilmen shall be elected for a term of two years; to provide for the oath to be taken by said elected officials, for regular and called meetings of the mayor and council, and for the filling of vacancies in the offices of mayor and councilmen. 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 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
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the following dates: December 29th, 1961, and January 5th, and 12th, 1962. /s/ Harold A. Boggs, Representative, Madison County, Georgia. Sworn to and subscribed before me, this 31st day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires March 17, 1964. (Seal). Approved March 6, 1962. SPALDING COUNTYCORONER PLACED ON SALARY. No. 928 (House Bill No. 1031). An Act to abolish the present mode of compensation of the coroner of Spalding County, Georgia, known as the fee system, and to provide in lieu thereof a salary for the compensation of such officer; to fix the salary of such officer and provide the time and method of payment of the same, and funds from which payable; to provide that all fees, costs or other emoluments and perquisites allowed to said officer, except said salary, shall be and become the property of said county; to provide that said officer shall collect such fees, costs, emoluments and perquisites and pay the same into the treasury of said county periodically with itemized, verified statements thereof; to provide the date this Act shall become effective; to repeal all laws and parts of laws in conflict with this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensation accruing to the office of coroner of Spalding County, Georgia, known
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as the fee system, is hereby abolished and in lieu thereof a salary for such officer is prescribed as hereinafter provided. Salary basis. Section 2. The coroner of Spalding County, Georgia, shall be paid a salary of $1080.00 per annum, payable in equal monthly installments from the general funds of Spalding County, Georgia, which salary shall be in full payment of all services rendered by said officer, and said compensation shall be all inclusive and said officer shall not receive any other compensation for any services performed as coroner of Spalding County. Compensation Section 3. All fees, costs, commissions, allowances, emoluments and perquisites of whatever kind which shall be allowed said officer after the effective date of this Act, excepting said salary accruing to said officer, shall be collected by said officer for Spalding County and shall be paid into the treasury of said county on or before the 15th day of each month, next following the month in which same are collected or received by the coroner, with a detailed itemized statement, under oath from him, showing the sources from which collected, and the same shall be and become the property of Spalding County, and said county is hereby subrogated to all rights, claims and liens of said officer respectively therefor. Fees to county. Section 4. The foregoing provisions of this Act shall become effective on March 1, 1962. Effective date Section 5. All laws, and parts of laws, in conflict herewith are hereby repealed. Section 6. Be it further enacted by the authority aforesaid that the General Assembly advises upon investigation and so declares that notice of intention to apply for the enactment of this Act was published in the manner required by article III, section VII, paragraph XV, of the Constitution of the State of Georgia of 1945. A copy of said notice and proof of said publication required by said constitution is hereto attached and made a part hereof.
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Georgia, Spalding County. Before the undersigned attesting officer personally appeared O. Quimby Melton, Jr., who, after being duly sworn, deposes and says on oath that he is a Representative from Spalding County, Georgia, in the General Assembly of Georgia and is editor of the Griffin Daily News and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the said Griffin Daily News, which is the official organ of said county, on the following dates, to-wit: January 6th, 1962; January 13, 1962; and January 20th, 1962. /s/ O. Quimby Melton, Jr., Representative, Spalding County, Georgia. Sworn to and subscribed before me, this 30th day of January, 1962. /s/ Arthur K. Bolton, Notary Public, Spalding County, Georgia. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia, a bill to place the coroner of Spalding County, Georgia, on a salary basis in lieu of the fee basis; to provide an effective date; to repeal conflicting laws; and for other purposes. This the 2nd day of January, 1962. /s/ Maureen C. Jackson, Clerk of Commissioners of Roads and Revenue of Spalding County, Georgia. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia, a bill to place the coroner of Spalding County,
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Georgia, on a salary basis in lieu of the fee basis; to provide an effective date; to repeal conflicting laws; and for other purposes. This the 2nd day of January, 1962. /s/ Maureen C. Jackson, Clerk of Commissioners of Roads and Revenues of Spalding County, Georgia. Approved March 6, 1962. ACT CREATING PENSION SYSTEM FOR EMPLOYEES OF CITIES HAVING POPULATION OF MORE THAN 150,000 PERSONS AMENDED. No. 930 (House Bill No. 1035). An Act to amend the Act approved August 20, 1927 (Ga. L. 1927, p. 265, et. seq.) as amended, providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent census, shall furnish pensions to officers and employees of such cities, so as to provide additional pension benefits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. Any person employed by the board of education by any such city in connection with the operation of its cafeteria system may receive credit for prior service rendered by such person in connection with the private operation of such cafeteria for the use and benefit of the public school system of any such city, upon the following terms and conditions:
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(a) Such person shall make application for such credit and provide satisfactory proof of such service to the board of trustees within sixty days after his employment by the board of education. School cafeteria. (b) Such employee, as a condition precedent, must pay into the retirement system established by this Act as amended an amount equal to the amount he would have paid had he been an employee of the city during such period of time. (c) Said payments may be divided into thirty-six equal installments, which may be deducted from the wages or salaries due such employee or from his pension benefits. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1962. CITY OF COVINGTONCITY MANAGER, REFERENDUM. No. 932 (House Bill No. 1060). An Act to amend an Act which incorporated and granted a new charter to the City of Covington, approved January 30, 1962, Act no. 531 of the 1962 session, so as to provide for the selection and appointment by city council of a city manager for said city to be vested with sole administrative authority over all the affairs of said city, including the power and authority to collect and disburse revenue, prepare and administer the city budget; make purchases and contract for said city, appoint, supervise and remove administrative employees of said city and otherwise administer its financial affairs; to provide for the qualifications, appointment and removal of said city manager; to provide for municipal officers and appointment thereof; to provide for the mayor's duties and
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powers; to provide for a referendum vote for approval or rejection of this Act; to clarify and amend conflicting provisions of the present charter of said city and amendments thereto; 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 which incorporated and granted a new charter to the City of Covington, approved January 30, 1962, Act no. 531 of the 1962 session, is hereby amended by striking section 26 in its entirety and inserting in lieu thereof the following: Section 26. Said mayor shall have the same power as the justice of the peace, to witness and attest papers, to administer oaths, to issue criminal warrants and to hold courts of inquiry; he may commit offenders tried before him as a court of inquiry, or may admit them to bail in cases where a justice of the peace has power to bail. He shall have the right to remit or reduce the fines imposed by the recorder's court imposed upon defendants charged with violating any of the city laws; he shall have authority to pardon all offenders convicted before the recorder's court. He shall be clothed with the power of veto; it shall be his right to veto all ordinances, resolutions, permits and privileges passed on or granted by said council if he sees fit to do so, and said veto shall in no wise be affected except by a two-thirds vote of council. Mayor's duties. Section 2. Said Act is further amended by striking section 29 in its entirety and inserting in lieu thereof the following: Section 29. The mayor and council at their first meeting in January of each year, or as soon thereafter as practicable, shall elect the following officers, a majority of the votes cast being in every case sufficient to elect, to-wit: a recorder, a city physician, a city attorney, and a board of tax assessors consisting of at least three members and no more than five members, and the said mayor and council shall by ordinance prescribe the duties, fix the bonds and
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fix the compensation of said officers elected by their body, each of the said officers before entering upon the discharge of their duties shall give bond and take and subscribe an oath to discharge the duties of the office to which he has been elected. Recorder, attorney, physician, tax assessors. Section 3. Said Act is further amended by striking section 30 in its entirety and inserting in lieu thereof the following: Section 30. City Manager. The city council after the passage of this Act shall select and appoint a city manager whose salary shall be fixed by council and whose term of office shall be indefinite and whose duties, powers and qualifications shall be as hereinafter provided. The mayor and members of city council shall be ineligible for the office of city manager for the period of two years from the time of the expiration of their term of office, nor shall they be eligible for employment in any capacity by the city within such period. Section 30-A. Qualifications. It shall be the duty of the city manager to execute and administer the policies of the city government fixed by the mayor and council and the city manager shall be vested with sole authority over all administrative matters of the city, and he shall be accountable only to the city council. The city manager first appointed under the provisions of this Act and all persons subsequently appointed to such office shall be selected by the council on the basis of ability, experience, training and character, with special reference to his actual experience in, or his knowledge of acknowledged practice in respect to the duties of his office. During his tenure of office he shall reside within the City of Covington and shall devote his entire time to the duties of his office and shall not engage in any other business or profession. Section 30-B. Administrative Duties and Powers. The city manager shall have the power to appoint, prescribe the duties or supervise and remove all administrative employees, except the city recorder, city physician, city attorney and
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the board of tax assessors. The affairs of each department of the city, including the collection and disbursement of revenue, are to be administered under his supervision and control, and he is to be responsible therefor. Neither the council nor any of its committees shall direct or request the appointment of any person to, or his removal from office by the city manager, or in any manner take part in the appointment or removal of officers and employees in the administrative service of the city. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any subordinate of the city manager, either publicly or privately. The city manager shall give bond for the faithful administration of his office in such amount as council may determine, but in no event in the sum less than one hundred thousand dollars, the premium for which is to be paid by the city. The city manager may require subordinate employees to likewise give bond in an amount to be determined by him, but subject to the approval of the council, the premiums of such bond as may be required to be paid by the city. It shall also be the duty of the city manager to act as chief conservator of the peace within the city; to supervise the administration of the city; to see that the ordinance of the city and the laws of the state are enforced therein; to make such recommendations to the council concerning the affairs of the city as may seem to him desirable; to keep the council currently advised of the financial condition and future needs of the city; to prepare and submit to the council regular quarterly reports of the affairs and finances of the city, these reports to be in such form as to be readily understood by the public, and cause the same to be published in some local newspaper of general circulation; to act in an advisory capacity to the city council in the formulation of policies of the city government; it shall be the duty and the responsibility of the city manager to do all the buying for the different departments of the City of Covington; said department heads shall make written requisition for the needs of their department and present
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the same to the city manager; the city manager shall then make such purchases not exceeding amounts prescribed by ordinance and for which funds are provided in the budget. To perform such other duties and exercise such other authority as city council may fix by resolution or ordinance. All formal contracts on behalf of the city shall be executed by the city manager and attested by the city clerk, after an approving resolution of city council. Section 30-C. Compensation of Employees. The salary or compensation of heads of departments and other administrative employees shall be fixed by ordinance or resolution of council upon the recommendation of the city manager, such ordinance or resolution of council to provide uniform compensation for like services except that an increase in compensation of any department head or employee may be granted upon the basis of seniority and efficiency. Section 30-D. Removal of City Manager. Removal of city manager; substitute during his absence or disability. While council has the right to remove the city manager at any time, at least thirty days before such removal becomes effective, the manager shall be furnished with a formal statement in the form of a resolution passed by a majority vote of the members of council, stating council's intention of removing him and the reasons therefor. If requested in writing by city manager so to do the council shall fix a time for a public hearing upon the question of his removal, giving a notice of the time and place of same by publishing said notice in some local newspaper of general circulation, and the final resolution, removing the city manager shall not be adopted until such public hearing shall be had. The action of council in removing the city manager shall be final. In the case of the absence or disability of the city manager, council may designate a qualified administrative officer of the city to perform the duties of the city manager during such absence or disability. Section 4. Said Act is further amended by striking from section 31 the words The mayor and city council may make provisions by ordinance in the first sentence of said
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section and by substituting in lieu thereof the words The city manager is authorized at his discretion so that when so amended said section shall read as follows: Section 31. Combination of Officers, Authorized. The city manager is authorized at his discretion to combine two or more of the city offices so that one person may hold and discharge the duties of more than one office, provided, however, that no member of the city council shall be eligible to hold any other municipal office during the term for which he was elected. Section 5. Said Act is further amended by striking from section 35 the words administration of the municipal affairs in the first sentence of said section and substitute in lieu thereof the words best interest so that when so amended said section shall read as follows: Section 35. Committees of Council. The mayor and city council may provide by ordinance for such committees as they may deem fit for the best interest of said city, prescribing the duties of such committees and define their authority. Section 6. Said Act is further amended by striking section 43, relating to the consolidating office of clerk with other offices, in its entirety. Clerk. Section 7. After the passage and approval of this Act, an election shall be held in and for the City of Covington on Wednesday, April 25, 1962, said election shall be called on said date, by the existing city council of Covington, for the purpose of submitting this Act to the voters of the City of Covington for approval or rejection. The city council shall cause the date and purpose of this election to be published once a week for two weeks prior to the date thereof in the official organ of Newton County. The ballot submitting the above proposed amendment shall have written or printed thereon the following: For ratification of amendment to the Constitution so
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as to amend the charter of the City of Covington and providing for a city manager. Referendum. Against ratification of amendment to the Constitution so as to amend the charter of the City of Covington and providing for a city manager. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that legislation will be introduced at the 1962 session of the General Assembly to amend the charter of the City of Covington, Georgia, to provide for the appointment of a city manager by the present governing body of said city, to provide certain powers and duties of the city manager. Said legislation shall provide for a referendum on the question. This January 8th, 1962. /s/ W. D. Ballard, Representative, Newton County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Ballard, who on
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oath, deposes and says that he is the Representative from Newton County, and that the attached copies of Notice of Intention to Introduce Local Legislation was published in The Covington News, which is the official gazette of Newton County, on the following dates: January 11th, 18th, and 25th, 1962. /s/ W. D. Ballard, Representative, Newton County, Georgia. Sworn to and subscribed before me, this 1st day of February, 1962. /s/ Clarence R. Vaughn. Notary Public, Georgia, State at Large. My Commission Expires April 6, 1964. (Seal). Notice of Local Legislation. Notice is hereby given that legislation will be introduced at the 1962 session of the General Assembly to amend the charter of the City of Covington, Georgia, to provide for the appointment of a city manager by the present governing body of said city and to provide certain powers and duties of the city manager. Said legislation shall provide for a referendum on the question. This January 8th, 1962. /s/ W. D. Ballard, Representative, Newton County, Georgia. Approved March 6, 1962.
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JUVENILE COURT JUDGES' SALARIES IN COUNTIES HAVING POPULATION OF 500,000 OR MORE PERSONS. No. 936 (House Bill No. 1084). An Act to fix the salary of the judges of juvenile courts in counties of Georgia having a population of 500,000 or more by the last or any future United States census; to provide for its payment out of the county treasury; to repeal an Act setting the salary for judges of juvenile courts in counties having a population of 400,000 or more; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Juvenile Court Judge's Salary. In the counties of Georgia having a population of 500,000 or more by the last or any future United States census, the salary of the judges of the juvenile court shall be in the sum of $17,400.00 per annum, payable in equal monthly amounts, out of the county treasury of such county. Section 2. The increased compensation provided by this statute shall be effective January 1, 1963. Effective date. Section 3. The increased compensation provided by this statute, over and above the amount of $15,000.00, shall not operate to increase the amount of pension payable upon retirement of the officer whose compensation is thus increased, nor shall the amount of compensation over and above $15,000.00 be assessable for pension purposes. Before such increased compensation shall be due and payable, such officer shall execute a written waiver to be prepared by the county attorney in which such officer shall agree that the increased compensation, over and above the amount of $15,000.00, provided herein, shall not operate to increase the amount of pension payable to the officer upon retirement, nor shall the amount of compensation over and above $15,000.00 be assessable for pension purposes. Retirement.
Page 3081
Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1962. COMPENSATION OF TAX COMMISSIONERS AND CLERK OF COUNTY COMMISSIONERS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 3,000 AND NOT MORE THAN 3,254 PERSONS. No. 940 (House Bill No. 1093). An Act to provide that in all counties of the State of Georgia having a population, according to the United States Census of 1960 or any future such census, of not less than 3,000 and not more than 3,254, the county tax commissioner shall be compensated in the amount of two thousand two hundred forty ($2,240.00) dollars per annum, and the clerk of the county commissioner shall be compensated in the amount of seventy ($70.00) dollars per month; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties in the State of Georgia having a population, according to the United States Census of 1960 or any future such census, of not less than 3,000 and not more than 3,254, the county tax commissioner shall be compensated in the amount of two thousand two hundred forty ($2,240.00) dollars per annum, said compensation to be paid in equal monthly installments, and the clerk of the county commissioner shall be compensated in the amount of seventy ($70.00) dollars per month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962.
Page 3082
CITY OF EAST POINTCORPORATE LIMITS. No. 941 (House Bill No. 1103). 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. Be it enacted by the General Assembly of Georgia: Section 1. 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 particularly amended by an Act approved March 5, 1957, (Ga. L. 1957, p. 2429, et. seq.) is hereby amended by extending the city limits of the City of East Point in Fulton County, Georgia, to embrace the territory and inhabitants of the following described area: All that tract or parcel of land lying and being in land lots 34 and 35 of the 13th district of Fulton County, Georgia, being more particularly described as follows: Beginning at the intersection of the northwesterly side of Yates Road with the north line of land lot 35; thence west along the north line of land lot 35 and land lot 34, 936.4 feet to the westerly line of the right-of-way of the proposed expressway route; thence southeasterly and forming an interior angle of 71 degrees, 20 minutes and following the west line of the right-of-way of said expressway 423.1 feet; thence east and forming an interior angle 108 degrees, 35 minutes, 550.8 feet to the northwesterly side of Yates Road; thence northeasterly along the northwesterly side of Yates Road and following the curvature thereof 476.3 feet to a point of beginning. Also: That tract of land in land lot 34 of the 13th district of Fulton County, Georgia, beginning at a point on the northwesterly side of Yates Road and at the southeast corner of
Page 3083
the above described tract; thence west along the south line of said above described tract 435.6 feet; thence south and parallel with the northwesterly side of Yates Road 120 feet; thence east 435.6 feet to the northwesterly side of Yates Road; thence northerly along the northwesterly side of Yates Road 120 feet to point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 22nd, 29th, November, 1961, 6th, 13th, 20th, 27th days of December, 1961, and on the 3rd, 10th, 17th, and 24th days of January, 1962, as provided by law. /s/ Frank Kempton. Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the session of the General Assembly of Georgia convening in January, 1962, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, pp. 862, et. seq.), and the several Acts amendatory thereof; and for other purposes.
Page 3084
This 21st day of November, 1961. City of East Point /s/ Ezra E. Phillips, East Point City Attorney, 1305 Fulton Nat'l Bk Bldg. Atlanta 3, Georgia. Subscribed and sworn to before me, this 30th day of January, 1962. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission Expires Oct. 18th, 1963. (Seal). Approved March 5, 1962. CITY OF COLLEGE PARKCORPORATE LIMITS, REFERENDUM. No. 942 (House Bill No. 1110). An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, 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 same, that an Act establishing a new charter for the City of College Park, approved December 16, 1895, and the several Acts amendatory thereof, be and the same are hereby further amended as follows: Section 1. Be it enacted by the authority aforesaid that the corporate limits of said City of College Park, the municipal corporation aforesaid, be and the same are hereby extended beyond its present boundaries as now defined so as to include the following territory, to-wit:
Page 3085
All of the following land lots and portions of land lots, not now within the city limits of College Park, lying and being in the 13th district of Fulton County, Georgia, to-wit: Land lot 35; land lot 36; land lot 62; land lot 61; land lot 60; and that portion of land lot 34 lying east of the west right-of-way line of the perimeter highway and the entrance and exit ramps forming a part thereof. Corporate limits. Also: All that portion of land lots 67, 68 and 69 in the 13th district of Fulton County lying and being 200 feet south of the north line of said land lots. Section 2. The jurisdiction of the City of College Park, the municipal corporation aforesaid, is hereby extended over all the territory included within the boundaries above described in section 1 of this Act, and the power and authority of said municipality under its present charter and ordinances and all laws appertaining to said municipality are hereby extended over and made effective in every part of the territory covered, and included within the limits of said municipality as extended by section 1 of this Act. The power and authority of the officers of said municipality and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said municipality are made co-extensive with the limits as extended by section 1 of this Act. The power of taxing property and of fixing and regulating licenses for businesses; to assess, issue executions for, and in case of default, to sell the property upon which said assessments, taxes and licenses are due as now prescribed by the charter and ordinances of said municipality, are extended to all the limits included under the terms of section 1 of this Act. Said new territory is likewise made subject to all the bonds heretofore issued by the City of College Park, and is bound for the payment of bonds generally with the former territory of said municipality. Section 3. The mayor and council of said City of College Park are hereby authorized and empowered in their discretion
Page 3086
to include all or any part of said annexed territory in one or more of the wards of said city as at present constituted, or as the wards may hereafter be constituted, and to pass such ordinances as may be advisable in readjusting said territory to and with the rest of said city. Section 4. Not less than thirty nor more than sixty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of College Park to issue the call for an election for the purpose of submitting this Act to the property owners and/or voters of the within proposed territory to be annexed to City of College Park for approval or rejection. The date of the election shall be set for a day not less than thirty days nor more than sixty days after the date of the issuance of the call. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official gazette of the City of College Park and also the newspaper in which sheriff's advertisements for Fulton County, Georgia, are published. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If a majority of those persons voting in such election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the City of College Park. It shall be the duty of the mayor and council to hold and conduct such election. It shall be the duty of the mayor and council to canvass the returns and declare and certify the results of the election, and certify the results to the Secretary of State. Section 5. Notice of intention to apply for the enactment of this Act was published in the manner required by article III, section VII, paragraph XV of the Constitution of Georgia 1945, and there is hereto attached and made a part of this Act a copy of notices certified by the publishers of the newspapers in which the sheriff's advertisements for
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Fulton County, Georgia, and Clayton County, Georgia, respectively, are published to the effect that said notices have been published as provided by law. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and state, and that the publication, of which the annexed is a true copy, was published in said paper on the 4th, 11th, 18th, and 26th days of December, 1961, as provided by law. /s/ Frank Kempton. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1962 session of the General Assembly of Georgia, convening in January, 1962, to amend the charter of the City of College Park, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, and the several Acts amendatory thereof, and for other purposes. This December 4, 1961. /s/ Griffin Patrick, Jr., City Attorney, City of College Park.
Page 3088
Subscribed and sworn to before me, this 26th day of December, 1961. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission Expires October 18, 1963. (Seal). Approved March 6, 1962. PENSION BOARD OF DEKALB COUNTY. No. 943 (House Bill No. 1111). An Act to create a system of pensions and retirement pay for officers, deputies and employees of DeKalb County; to create The Pension Board of DeKalb County; to provide for the number of members of said board and the manner in which they are appointed or elected, their term of office and compensation, the method of electing officers and the manner of holding meetings and to define its powers and duties; to prescribe how county officers, employees and deputies may become eligible for pension benefits; to provide for the transfer of accumulated contributions by participants of former pension plans to the pension fund herein created; to provide for the payment of pensions and benefits; to prescribe pension benefits classified as normal retirement benefits, delayed retirement benefits, early retirement benefits, disability retirement benefits, optional retirement benefits, termination bnefits and death benefits; to provide for the election of optional retirement benefits and to define such benefits; to provide for the designation of beneficiaries; to create a pension fund to be administered by said pension board; to prescribe the percentage of monthly compensation to be withheld from participants as contributions to the pension fund; to prescribe the contributions to said fund by DeKalb County; to prescribe for an actuarial review of the pension plan; to provide for physical examination of disability claimants; to provide for hearings before
Page 3089
the pension board; to provide for service credit; to provide for the investment of pension funds; to provide for the voting of stock held by the fund; to provide for the employment of agents, expert assistants and legal and investment counsel and actuaries; to authorize the pension board to promulgate rules and regulations; to provide that pension benefits shall not be assignable and shall not be subject to garnishment, attachment or levy; to provide for the levying of a tax by DeKalb County to fulfill its obligation under this Act; to provide if any portion of this Act be held unconstitutional it shall not affect the remaining portions of this Act; to provide for the effective date of the 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: Section 1. That there is hereby authorized and created The Pension Board of DeKalb County to consist of seven members, one of whom shall be the chairman of the board of commissioners of roads and revenues of DeKalb County, one of whom shall be elected by the board of commissioners of roads and revenues of said county, one of whom shall be the director of finance of DeKalb County, one of whom shall be the director of the merit system of DeKalb County, two shall be officers, employees or deputies of DeKalb County subject to the provisions of this Act, elected at an election to be held on the second Monday in January, 1964, and every fourth year thereafter, on the second Monday in January, provided however, that the members of the present pension board of DeKalb County, elected by the officers and employees of DeKalb County on the second Monday in January 1962, shall serve as the elected members hereunder for a term ending the second Monday in January, 1964, or until their successors are elected and qualified. Said election shall be conducted with the use of secret ballots at some convenient place in the courthouse in DeKalb County, under the supervision of three managers appointed by the ordinary. The polling place shall be open from 8:00 a.m. until 6:00 p.m., and every officer and employee and deputy
Page 3090
of DeKalb County subject to the provisions of this Act shall be entitled to one vote at said election. Created, members, etc. A seventh member of the board shall be appointed by the voting members and shall be a citizen of DeKalb County, not less than thirty years of age and experienced in business or professional work and not in the employment of any State, county, or municipal government. In case of a tie, the board of commissioners of roads and revenues of DeKalb County shall appoint the seventh member. The elected and appointed members of the board shall serve terms of four years and until their successors are elected and qualified. All members of the board shall take an oath faithfully to perform their duties under this Act and to administer the terms thereof. Provided however, that the director of finance and the director of the merit system shall not have the power to vote on any issue before the pension board at any time. Vacancies occurring in the positions of members elected by the officers, employees, and deputies shall be filled for the unexpired terms by the pension board from among the officers, employees, and deputies of DeKalb County who are participants in this pension plan. Vacancies occurring in the other positions shall be filled for the unexpired terms in the same manner as they were originally filled. Section 2. The members of the pension board shall serve without pay, shall elect their own chairman, vice-chairman, and secretary, and shall delegate to them their respective duties. It shall be the duty of the pension board to designate some officer or employee of the county to act as clerk of the pension board, and as such to keep all of the records, books and minutes of said board. Compensation, officers. Section 3. The pension board shall hold at least one regular meeting bi-monthly in the courthouse or some other convenient place and open to the public, and such special meetings as shall be called by the chairman or a majority of the voting members of the board. Written notice of the date, place and time of such regular or special meetings shall be served either by mail to the address of each member
Page 3091
as it appears on the records of the board or personally upon each member of the board at least three days before any such meeting. Provided however, that any member may waive the written notice and three day notice by attending the meeting and signing a waive statement. Such statement to be prepared by the clerk for that purpose and kept by him and entered on the minutes of that meeting. Meetings. Section 4. A majority of the voting members of the pension board shall constitute a quorum for all purposes. A quorum of said pension board shall be necessary for the transaction of any business or the conduct of any hearing before said board, and the majority of the voting members present shall be sufficient to act upon all matters coming before the board, provided no pension shall be granted without the affirmative vote of at least three voting members of the board. Quorum. Section 5. All county officers, employees, and deputies, of DeKalb County who are employed or hold offices on the effective date of this Act are eligible to come under the terms and provisions thereof. Any person, except one who is at or above normal retirement age as set out hereinafter, who becomes an employee, officer, or deputy after the effective date of this Act shall become a member of the retirement system as a condition of this employment, except as herein provided. All officers, employees, and deputies shall be given notice in writing by the governing authority of DeKalb County of the passage of this Act within ten days after its approval. Such notice shall inform such officers, employees, and deputies that they may elect whether or not they shall come within the provisions of this Act, on or before, July 10, 1962. Any such officer, employee, or deputy who desires to reject the tersm of this Act shall so notify the chairman of the board of commissioners of roads and revenues of DeKalb County in writing on or before, July 10, 1962. All other officers, employees, and deputies of DeKalb County shall be deemed to have elected to come within the provisions of this Act, and shall be subject to the terms and provisions thereof. Members. Section 6. All participants of the former pension plans
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of DeKalb County who are not receiving retirement benefits provided by Georgia Laws 1949, page 415, and by Georgia Laws 1953, page 3198, both as amended, who wish to receive credit for services rendered prior to the date of establishment of the plan created under this Act must transfer their accumulated contributions to the pension Fund herein created and shall receive credit for service under this Act as they have accumulated under the aforesaid Acts. All officers, employees, and deputies who elect not to come under the plan herein created shall be entitled to have refunded to them from the receivers of the former pension funds of DeKalb County all contributions they have made to such former pension funds. Officers, employees, and deputies who were not members of the former pension plans for the entire period of their employment, at the time of the passage of this Act, but who wish to become members of the pension plan herein created with credit for prior service to DeKalb County since January 1, 1954, or from the date of their employment or election if since that date, must pay into the pension fund the amount that they would have paid had they been participants in the pension plan in effect at the time, provided they have not reached normal retirement age at the effective date of this Act. This amount may be paid into the pension fund created by this Act in cash, in equal monthly installments not to exceed twenty four (24) installments, or by payroll deductions over a period of twenty four (24) months. Provided however, that should a participant under this section become eligible for benefits, the amount due the fund by him shall be deducted from any benefits he receives at a rate to be determined by the board. Participants. Section 7. Officers, employees, and deputies, as the terms are used herein, shall include elected county officials, and officers and employees of DeKalb County, employees and deputies of county officers by whatever name or title employed or deputized, and all other persons, including officers and employees of the county who perform any service for the benefit of DeKalb County for which they are paid a salary including part time and temporary officers, employees, deputies, and elected officers. Participants in former plans.
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In the event the county, in cooperation with other governmental subdivisions, contributes to the salaries or to the funds from which salaries are paid in the maintenance or operation of any agency, authority, or department, the employees of such agency, authority, or department, shall be included in this Act, provided that DeKalb County and the cooperating governmental subdivisions shall pay into the Pension Fund the employer's contributions required under this Act. All officers, employees and deputies who come under the provisions of this Act are hereinafter referred to as participants. Section 8. On and after the effective date of this Act, any participant who has contributed to the pension fund in accordance with the terms and provisions hereinafter set out, may apply for and obtain a pension under the terms and in the amounts hereinafter set forth. Benefits paid hereundr shall be classified: 1) Normal Retirement Benefits. 2) Delayed Retirement Benefits. 3) Early Retirement Benefits. 4) Disability Retirement Benefits. 5) Optional Retirement Benefits. 6) Termination Benefits. 7) Death Benefits. 1. A. Normal Retirement Date: The normal retirement date of a participant shall be the first day of the month coinciding with or next following the date the participant attains the age of sixty-five (65). B. Normal Retirement Benefit: The participant, upon retirement on his normal retirement date shall receive a monthly benefit under which payment
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shall commence on his normal retirement date and shall be payable on the first day of each month thereafter during the lifetime of the participant with a minimum of one hundred twenty (120) payments to the participant or his beneficiary. The amount of each monthly retirement payment shall be determined as one-twelfth (1/12) of the sum of (a) and (b) below multiplied by the number of years of service of the participant calculated to the nearest one-twelfth (1/12) year: (a) [frac34]% of average base compensation, plus (b) 1% of average excess compensation. For purposes of determining benefits, annual compensation shall mean the actual base compensation paid during any calendar year to a participant, exclusive of reimbursed expenses, bonuses, overtime, commissions and all other unusual compensation. Average compensation shall mean the average of annual compensation paid by the county to an employee during the highest five of the last ten years immediately prior to the date of retirement; provided, however, that if retirement occurs prior to the completion of five years of service, such average shall be computed with respect to annual compensation during the total years prior to retirement. Average Base Compensation shall mean that part of average compensation subject to tax under the Federal Insurance Contribution Act as such law was in effect in the year such compensation was actually paid. Average Excess Compensation shall mean that part of average compensation in excess of average base compensation. 2. A. Delayed Retirement Date: At the request of the county, a participant may remain in the active employ of the county beyond his normal retirement date but not beyond the age of seventy (70). Provided however, that nothing in this Act as applies to compulsory
Page 3095
retirement at age seventy (70) shall apply to officials elected by the voters of DeKalb County. The participant shall retire from the employment of the county on the first day of the month coinciding with or next following the end of the last agreed period which date shall be the delayed retirement date, except that employees who have reached the age of seventy (70) years as of the effective date of this Act shall continue in service until December 31, 1962, should they so desire. B. Delayed Retirement Benefit: The participant, upon retirement on his delayed retirement date, shall receive a monthly retirement benefit under which payment shall commence on his delayed retirement date and shall be payable on the first day of each month thereafter during the lifetime of the participant with a minimum of one hundred twenty (120) monthly payments to the participant or his beneficiary. The amount of each monthly retirement payment shall be computed in the same manner as for a normal retirement benefit and based on average compensation and service of the participant as of his delayed retirement date. 3. A. Early Retirement Date: The early retirement date of a participant shall be the first day of any month following the attainment of age fifty-five (55) and completion of at least ten (10) years of service. B. Early Retirement Benefit: A participant, upon retirement on his early retirement date, shall receive an immediate monthly early retirement benefit, under which payment shall commence on the early retirement date of the participant and shall be payable on the first day of each month thereafter during the lifetime of the participant with a minimum of one hundred twenty (120) monthly payments to the participant or his beneficiary. The amount of each monthly retirement payment shall be computed in the same manner as for a normal retirement benefit but based on average compensation and service
Page 3096
of the participant as of his early retirement date but the benefit so computed shall be actuarially reduced to reflect the period from the early retirement date to the normal retirement date of the participant. 4. A. Disability Retirement Date: The disability retirement date of a participant becoming totally and permanently disabled from any cause after completion of five years (5) of service, shall be the first day of the month after the determination by the pension board that the participant is so disabled, provided further the five years (5) eligibility requirement shall not apply to employees entering the plan on the effective date of this Act. B. Disability Retirement Benefit: A participant upon retirement on his disability retirement date shall receive a monthly retirement benefit under which payment shall commence on his disability retirement date and shall be payable on the first day of each month thereafter during the lifetime of the participant and continuation of disability. The amount of each monthly retirement payment shall be equal to 50% of the employee's monthly rate of earnings as of the date of his disability minus the amount of primary benefits to which the participant may be entitled under the Federal Social Security Act, but not less than the greater of: (a) $25.00 per month, or (b) The full accrued benefit computed in the same manner as for a normal retirement benefit, but based on average compensation and service of the participant as of his disability retirement date. C. Physical Medical Exmination: Provided, however, that any participant not a member of the DeKalb County pension plans as of the effective date of this Act applying for a physical disability benefit shall have taken a physical examination at the time of his employment and shall have been certified by the examining
Page 3097
physician as being physically and mentally qualified for the position or job given him. 5. A. Election of Optional Retirement Benefits: A participant may elect, or may revoke a previous election and make a new election, at any time six months prior to his normal retirement date, early retirement date, or delayed retirement date, to have a retirement benefit payable under one of the options hereinafter set forth in lieu of the retirement benefit he is otherwise entitled to receive. The benefit shall be paid in accordance with the terms of such option elected. Election of any option shall be made by the participant in writing. B. Description of Options: The amount of any optional retirement benefit set forth below shall be the actuarial equivalent of the amount of benefit that would otherwise be payable the participant. Actuarial equivalent shall, for all participants, be computed in accordance with such mortality table and interest rate as the pension board may hereafter adopt. Option 1: Straight Life. An increased benefit which shall be payable during the lifetime of the participant with all payments ceasing at his death. Option 2: Joint and Survivor Option. A decreased retirement benefit which shall be payable during the joint lifetime of both the participant and his joint annuitant and which shall continue after the death of either during the lifetime of the survivor in the same amount or in such smaller amount as the participant may designate. Option 3: Social Security Option. An increased retirement benefit payable to the participant during his lifetime until his retirement benefits commence under the Federal Social Security Act and a reduced retirement benefit payable thereafter for life in order to have a more level retirement income when such reduced retirement benefit is added to his primary benefits under Social Security. The exact
Page 3098
amount of benefit shall be based upon estimated primary benefits under Social Security. The exact amount of benefit shall be based upon estimated primary benefits under Social Security determined as of his early retirement date. Option 4: Other Options: Any other form of option subject to the approval of the pension board. 6. A. Joint Annuitant: A participant who elects option 2 shall, on a form provided for that purpose, designate a person to receive the benefits which continue to be payable upon the death of the participant. Such person shall be the joint annuitant of the participant. B. Cancellation of Election: The election by a participant of option 2 shall be null and void if either the participant or his designated joint annuitant shall die before benefits commence. In the event this election becomes null and void the participant shall have the right to name another joint annuitant or elect another option in which instance the six months requirement of sub section 5 A shall be waived. 7. A. Termination Benefit: In the event of termination of employment within the first three years of service the participant's contribution will be returned without interest. Upon termination of employment after three years of service, the participant may either withdraw his contributions plus interest at the rate of three percentum (3%) or leave his contributions in the fund and receive a monthly benefit to commence at normal retirement date to be calculated in the same manner as for normal retirement benefit, but based on average earnings and service as of the date of his termination. The terminating employee may elect to commence receiving actuarially reduced benefits any time after his early retirement date assuming he had continued in the service of the county.
Page 3099
8. A. Death Benefit: (1) Prior to Retirement: If a participant dies prior to the earliest date on which he could retire under the early retirement provision his beneficiary shall receive a lump sum benefit equal to the participant's contributions plus 3% interest. If a participant dies subsequent to the earliest date on which he could retire under either the early retirement or normal retirement provision and has not actually retired, the participant's beneficiary shall be paid in one hundred twenty (120) monthly payments the amount of which shall be computed in the same manner as the normal retirement benefit but based on average earnings and continuous service as of the date of death. Such benefits shall be in lieu of return of employee contributions plus interest. (2) After Retirement: If a participant has elected the straight life option, his beneficiary shall receive a lump sum benefit equal to the difference, if any, between the participant's contributions accumulated to his retirement date plus 3% interest and benefits actually paid to date of death. If a participant has elected any other form or optional plan of payment death benefits shall be payable as provided for by the provisions of the option elected, but in no event shall total benefits paid be less than the participant's contributions accumulated to his retirement date plus 3% interest. 9. A. Beneficiary: All participants shall, on a form provided for that purpose, designate a person or persons to receive the benefits payable in the event of the death of the participant. Such person or persons shall be the beneficiary of the participant. The participant may from time to time change the beneficiary by written notice to the pension board and upon the receipt by the pension board of such change the rights of all previously designated beneficiaries to receive any benefit
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under this plan shall cease. In the event that any participant shall die without having designated a beneficiary, or in the event that a participant shall die but the beneficiary designated by said participant shall fail to survive the participant, then and in either event, the person who shall constitute the beneficiary of the deceased participant shall be determined as follows: (a) In the event the deceased participant is survived by his or her spouse, then such surviving spouse shall be the beneficiary. (b) If the deceased participant is not survived by his or her spouse, then the beneficiary shall be the deceased participant's estate. Section 9. There is hereby created a pension fund to be administered by the pension board of DeKalb County and from which this board shall pay the benefits as set out hereinbefore to the participants therein, said fund to consist of the transfer to it of the funds accumulated under the former pension plans of DeKalb County and contributions by participants and DeKalb County as set out hereinafter and its accumulations by investment and reinvestment under the direction and control of the pension board as set out hereinafter. Pension fund. Section 10. Effective with the effective date of this Act, except as otherwise provided herein, it shall be the duty of the director of finance of DeKalb County to make monthly deductions from the monthly compensation paid to each participant an amount equal to two and one-half percentum (2%) of his monthly compensation up to one-twelfth (1/12) of the maximum amount taxable in that year under the Federal Insurance Contribution Act or any amendments thereto, and five percentum (5%) of his compensation in excess of the amount taxable under the Federal Insurance Contribution Act. Contributions. Section 11. The governing authority in charge of County affairs for DeKalb County shall appropriate to the pension
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fund annually, to be paid in monthly installments, an amount equal to five percentum (5%) of that amount of monthly compensation paid to each participant in this pension system up to one-twelfth (1/12) of the maximum amount taxable in that year under the Federal Insurance Contribution Act and any amendments thereto, and eight percentum (8%) of all monthly compensation in excess of the amount taxable under the Federal Insurance Contribution Act. Such contributions shall be made by DeKalb County for a period of five years following the effective date of this Act. Contribution by county, actuary. Within sixty days prior to the end of the first five year period, next following the effective date of this Act, it shall be the duty of the governing authority of DeKalb County to employ some qualified actuary or firm of actuaries to analyze the DeKalb County Pension Plan and report thereon to the pension board. Should such report reveal that the contribution plan herein provided to be made by DeKalb County be insufficient to maintain the plan on a sound basis, it shall be the duty of such governing authority of DeKalb County to appropriate such further sums for the next five years as would be necessary to maintain the fund and the plan on a sound financial basis. Should the actuary or firm of actuaries find that a lesser contribution by DeKalb County would maintain the fund and plan on a sound financial basis, DeKalb County is authorized to decrease its contribution to the percentage of the total payroll of the participants found by the actuary or firm of actuaries to be sufficient to maintain the plan and the fund on such sound financial basis. The pension plan shall be actuarily reviewed every five years thereafter and adjustments made as set out herein if such adjustments are found to be necessary and the actuary or firm of actuaries employed to make such analyses shall be selected by the pension board. Section 12. Whenever an application for disability pension has been filed, the applicant shall submit therewith a signed certificate from a licensed, practicing physician of Georgia certifying to the disability of such applicant for a pension. Immediately thereupon the pension board shall
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order the applicant to be examined by the county physician or some other physician named by the board who likewise shall certify the physical ability or disability of the applicant. In the event the certificates of the respective physicians shall generally agree upon disability, such facts shall be conclusive as to the physical or mental condition of the applicant and the board shall thereupon enter an order granting a pension in the proper amount. In the event the certificate tendered by the applicant and the certification of the county physician or physician appointed by the board shall disagree as to the condition of the applicant, then and in that event the pension board shall conduct a hearing for the purpose of determining the true condition of the applicant. Such hearing shall be conducted informally by the examination of witnesses for and in opposition to such application who shall be sworn, and both the applicant and pension board may be represented by legal counsel if they so desire. Copies of documents may be received as evidence in lieu of the original at the discretion of the board, and affidavits shall be filed with the board at the time of the hearing. The decision of the board after a hearing shall be final as to the physical or mental condition of the applicant, but the proceeding shall be subject to review by writ of certiorari from the Superior Court of DeKalb County. The chairman of the pension board shall be authorized to acknowledge service on any such writ, and to answer same on behalf of the pension board. Disability, procedure. Section 13. The pension board shall have the right at intervals of not less than one year, to require an examination of all participants receiving disability pensions under the provisions of this Act. In the event any such participant receiving disability pension shall be found, as a result of such examination, not to be disabled, the pension board may, after hearing evidence thereon, and an opportunity to such participant to be heard, remove such participant from the list of those entitled to disability pension; it shall be prerequisite to such removal from the pension list, that such participant shall be tendered a position with DeKalb County having the same or equal pay with that position which such participant held at the time the disability pension was
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granted. Provided however, that in the event such participant receiving disability benefits refuses to submit to a physical examination after thirty days notice to report for such examination, the pension board shall withhold payments of his benefits until he submits to such examination and the participant shall be deemed to have forfeited his benefits during the time of his refusal to submit to a physical examination. Same, annual review. Section 14. If any hearing before the pension board the clerk thereof shall have the authority to issue subpoenas in the name of the board, requiring the attendance of witnesses and the production of documents for the purpose of being used as evidence before said board. Subpoenas shall be issued at the request of the applicant by the board, and any witness failing to attend or to produce any record required of him, without legal excuse, shall be guilty of contempt and may be fined for same before the judge of the Superior Court of DeKalb County. Hearings. Section 15. Any participant in the plan herein who shall return to the service of DeKalb County after an absence therefrom, whether under resignation, leave of absence or discharge, shall be entitled to credit against his service for all periods of time he has served as an officer or employee, or as a deputy of an officer of DeKalb County provided such participant shall restore to the pension fund all sums which he may have withdrawn therefrom on the date of his resignation or discharge from county service, together with interest thereon at the rate of three percent (3%) per annum. Said sum may be paid in equal installments over a period not to exceed twenty four (24) months, provided however, should a participant under this section become eligible for any benefits before this amount is fully paid, the amount due the pension fund by him shall be deducted from such benefits at a rate to be determined by the board. Any participant who is granted an official leave of absence by the county for a period not to exceed six months at any one time and who does not withdraw his contributions from the pension fund may receive service credit for the duration of such leave of absence by paying into the pension
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fund the contributions he would have had had he been in continuous employment based on his salary or wages as of the last day of his active duty. This amount may be repaid within twelve months (12) from the date of his return to duty and the county shall pay into the pension fund the same contribution required of it as if such employee had continued on active duty. Provided however, that should a participant under this section before eligible for benefits before this amount is fully paid. The amount due the pension fund shall be deducted from such benefits at a rate to be determined by the board. Reinstatemen leave of absence, etc. Section 16. Any participant who shall have served in the armed forces of the United States during World War 1 or World War 2, or the Korean War and who, at the time of induction into said armed forces, was an officer, employee or deputy of DeKalb County, shall be entitled to have credit against his service with said county all of the time represented by the period of said service. Any participant who shall hereafter be inducted into the armed forces of the United States by conscription or under any compulsory military plan, shall likewise be entitled to credit for service during the period he was absent from county service and in the armed forces of the United States; provided such employee shall, within six (6) months after his discharge from the armed service, return to the service of DeKalb County, and pay to the pension fund a sum equal to the amount of the contribution which said participant would have made to the pension fund had he continued in the county service and had not been inducted into the armed forces of the United States, such payment to be made in not more than twelve (12) equal monthly installments. Should a participant under this section become eligible for benefits before this amount is fully paid in, the amount due the pension fund shall be deducted from such benefits at a rate to be determined by the board. Military service shall not be construed to interrupt continuous service. Credit for service in armed forces. Section 17. Any new participant in this plan shall be required to make contributions immediately upon his employment and his coverage shall become effective forthwith. New employees.
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Notwithstanding any other provisions of this Act, no employee classified as an hourly laborer of any department of the county shall be required to make any contributions to said pension fund, and no contribution whatsoever shall be deducted from his salary or wage for any purpose named in this Act for a period of ninety days after the commencement of his or her employment as such employee of DeKalb County and likewise no pension rights shall accrue to any such new employee during said ninety day period. Hourly employees. In the event such new employee shall retain his connection with DeKalb County after such ninety day period then he shall become a participant in this pension plan as of that date and his contributions and coverage shall begin forthwith. It is the intention of this provision to eliminate from the operation of the pension fund all hourly laborers until they have demonstrated their aptitude and fitness for service and until they have become permanent as evidenced by the satisfactory completion of ninety days service. Section 18. No contribution shall be required of any participant during the time that such party is receiving a pension under the provisions of this Act. Contributions. Section 19. The pension board shall have authority to invest and reinvest money which is held for the purpose of paying pensions, but which is not needed for the immediate payment thereof, as determined by the board, in securities of the United States of America, including securities of agencies of said governments; of the State of Georgia; of DeKalb County; or any other county or municipality of the State of Georgia; or insured savings in savings and loan associations and State and National banks; corporate bonds and debentures or other evidence of indebtedness assumed or guaranteed by any solvent institution existing under the laws of the United States of America or any state thereof, which are not in default as to principal or interest and which are secured by collateral worth at least fifty per cent (50%) more than the par value of the entire issue of such obligations, but only if not more than one-third of the total value of such required collateral consists of common stock;
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corporate stocks which are non-assessable dividend paying stocks, common or preferred in corporations having an A rating or better according to Standard and Poor's Index current at the time of the investment, provided cash dividends on such common stocks shall have been paid out of current earnings in at least two of the last three years preceding the purchase, provided, however, that the pension fund shall not own more than fifteen per cent (15%) of the issued and outstanding shares of any one corporation; in first loans on real estate that are guaranteed or insured by the Administrator of Veterans Affairs or of the Federal Housing Authority of the United States, provided, however, that these loans are handled and serviced by an investment firm engaged in that business and at service rate not to exceed the usual charge made by said firm for other like investors, provided further that the pension board shall not have invested in such loans at any one time more than twenty-five percentum (25%) of the entire pension fund; and in any other investment recommended by the expert agents and assistants hereinafter provided for. Investments. Section 20. The chairman of the pension board shall exercise the voting rights pertaining to any securities at any time held in the fund or otherwise consent to or request any action on the part of the issuer of such securities; he may give general or special proxies or powers of attorney with or without powers of substitution, and may participate in amalgamations, reorganizations, recapitalizations, consolidations, mergers, liquidations, and similar transactions with respect to such securities and accept and hold any securities issued in connection therewith. Chairman. Section 21. In the management of the fund, the board may, from time to time, employ agents and expert assistants and delegate to them such ministerial and limited discretionary duties as it sees fit. The board shall not be responsible for any loss occasioned by any agent selected by it with reasonable care, and shall be fully protected in acting upon the advice of expert assistants. The board may rely upon any instrument, certificate or papers believed by it to be genuine. Agents.
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Section 22. The pension board shall have the authority as often as such board deems necessary to consult with legal counsel and shall be fully protected in acting upon the advice of such counsel as respect to questions of law. Legal counsel. Section 23. The pension board shall have the authority to direct the payment from its funds, reasonable fees for legal counsel, agents and expert assistants engaged to manage the funds, medical examinations of disabled applicants, fees of actuaries of firm or actuaries, employed by them, and all other necessary operating expenses incurred by the pension board. Other expenses. Section 24. Immediately following the effective date of this Act it shall be the duty of the pension board herein created to promulgate rules consistent with but not inconsistent with this Act, providing for a procedure for the application of pensions by participants and such other rules as will aid them in the administration of the pension fund. Rules. Section 25. All officers, deputies and employees who have retired or become disabled and who are receiving pension from DeKalb County under the pension plan provided under Georgia Laws 1949, page 415, as amended, at the time this Act becomes effective shall receive such pension out of the general fund of DeKalb County. Vested rights. All officers, deputies and employees, who have retired or become disabled and who are receiving pensions under the pension plan provided under Georgia Laws 1953, page 3198, as amended, shall continue to receive their vested benefits from the fund herein created. Section 26. None of the benefits granted under the terms and conditions of this Act shall be assignable by the participant, or anyone claiming under him whether as beneficiary or joint annuitant, nor shall any benefits payable hereunder be subject to garnishment, attachment, garnishment in attachment, levy or any other judicial process. Benefits not assignable. Section 27. The governing authority of DeKalb County is hereby authorized to levy an ad valorem tax with respect
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to all taxable properties in DeKalb County for the purpose of fulfilling the obligations imposed upon DeKalb County by this Act and assumed by it pursuant to the authority created herein. Section 28. Should any provision of this Act be held unconstitutional without such unconstitutionality being of such nature as to void the entire Act or to defeat its beneficient purposes, then and in that event it is the legislative intent that the various provisions of this Act shall be separately enacted and those provisions which are held to be constitutional shall nevertheless remain in force, notwithstanding the unconstitutionality of one or more provisions hereof. Severability. Section 29. Notice of intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for DeKalb County are published, namely, in The DeKalb New Era, once a week for three weeks during a period of sixty (60) days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice accompanied by an affidavit to the effect that said notice has been published as provided by law. Section 30. The effective day of this Act shall be July 1, 1962. Effective date. Section 31. 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 that there will be introduced at the January, 1962 Session of the General Assembly of Georgia a bill to create a complete system of pensions and retirement pay for the officers and employees of DeKalb County; to authorize the governing body of said county to establish rules and regulations governing the payment of pensions and retirement pay to such officers and employees; to establish a pension board and define its duties and powers;
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to provide a method of application by such officers and employees for pensions and how and when they may apply for pension and retirement pay; to provide that officers and employees of said county shall make contributions from their wages to the pension fund for the payment of pensions and retirement; to authorize said county to levy a tax for the purpose of paying pensions and appropriate money therefor; to prescribe the conditions under which pensions may be granted; to provide for the investment of pension funds; to provide for disability pensions; to provide for refunds; to repeal conflicting laws and for other purposes. This 26th day of December, 1961. Pierre Howard Guy W. Rutland, Jr. James A. Mackay DeKalb County Representatives Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the city of Decatur, being of general circulation and being the legal organ for the county of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention To Apply For Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being December 28, 1961, January 4, and January 11, 1962. The DeKalb New Era /s/ W. H. McWhorter Managing-Editor
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Sworn to and subscribed before me this 16 day of January, 1962. /s/ Carl E. Wheeler Notary Public, Georgia, State at Large. My Commission Expires Mar. 23, 1963. (Seal). Approved March 6, 1962. WAYNE COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES, REFERENDUM. No. 946 (House Bill No. 1117). An Act to amend, revise, superseded, and consolidate the laws pertaining to the governing authority of Wayne County, Georgia; to create a board of commissioners of roads and revenues for Wayne County, Georgia; to prescribe qualifications, term of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into commissioner districts; to provide for the recall of such officers and the procedure for recall; to provide for the internal organization and functioning of officials, employees, and departments of Wayne County, Georgia; to provide for the management of financial affairs and the keeping and auditing of fiscal records of said county; to provide a system of budgets and allotments for the expenditure of county funds; to provide for the creation of the office of clerk of the board of commissioners of roads and revenues for Wayne County, Georgia and to prescribe the qualifications, duties and compensation of said clerk; to provide for all other matters relative to the foregoing; to provide for 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. Board of Commissioners Established: There is hereby created in and for the County of Wayne a board
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of commissioners of roads and revenues to be elected and organized as hereinafter set forth, which board of commissioners shall constitute the governing authority of said county, and shall exercise the powers, duties and responsibilities specified herein and imposed upon said officers by the laws of the State of Georgia. Section 2. Commissioner Districts: For the purpose of this Act and for the purpose of the election of commission members, Wayne County is hereby divided into five commissioner districts to be constituted and designated as follows: Commissioner District Number One shall be composed of that portion of Wayne County embracing and known as the Jesup Militia District. Commissioner District Number Two shall be composed of that portion of Wayne County embracing and known as the Odum Militia District. Commissioner District Number Three shall be composed of that portion of Wayne County embracing and known as the Madray Springs Militia District. Commissioner District Number Four shall be composed of that portion of Wayne County embracing and known as the Mt. Pleasant and Gardi Militia Districts. Commissioner District Number Five shall be composed of that portion of Wayne County embracing and known as the Screven and Ritch Militia Districts. Honorable Sine Aspinwall shall hold the office of commissioner from district number 1, Honorable C. C. Harris shall hold the office of commissioner from district number 2, Honorable Foster Anderson shall hold the office of commissioner from district number 3, Honorable John E. Tyre shall hold the office of commissioner from district number 4, and Honorable Arnie Murray shall hold the office of commissioner from district number 5 until January 1, 1965,
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and until their successors are duly elected and qualified, as hereinafter provided. First commissioners named. Section 3. Election and Term of Office of Commissioners: At the general election held for members of the General Assembly in 1964, five members shall be elected to serve as commissioners of roads and revenues of Wayne County, and their term of office shall commence on January 1, 1965. The members elected to represent commissioner districts numbers one and two shall be elected for and shall serve a term of four years each and until their successors are elected and qualified. The members elected to represent commissioner districts numbers three, four and five shall serve for a term of two years each and until their respective successors are duly elected and qualified. All members elected in subsequent elections after the general election of 1964, other than elections to fill vacancies for unexpired terms, shall serve for terms of four years each and until their respective successors are duly elected and qualified, so that the terms of office of the commissioners of roads and revenues of Wayne County shall be staggered. Subsequent elections shall likewise be held at the same time as members of the General Assembly are elected. Each member must be a resident of the district from which he offers as a candidate, but all members shall be elected by the voters of the entire county. Section 4. Qualifications of Members: Members of the board of commissioners shall be citizens of this State who have attained the age of twenty-five years, are and have been legal residents of Wayne County and their respective district for not less than two years preceding the date of their election, are freeholders in Wayne County, and qualified and registered in Wayne County to vote for members of the General Assembly. No member of the board of commissioners shall be eligible to hold any other office of the county, nor of the State of Georgia during his term of office on the board. Section 5. Vacancies: All vacancies in the membership of the board of commissioners occurring within one year
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or less of the expiration of such term of office shall be filled by appointment of the remaining members of the board. All vacancies occurring in the membership of the board more than one year prior to the expiration of the term of office shall be filled by a special election called in the same manner as provided to fill vacancies in other county offices. The person so appointed or elected shall be commissioned and shall hold office until the expiration of said unexpired term and until his successor is elected and qualified. Section 6. Oath of Office: The commissioners designated as constituting the board of commissioners hereinabove and each commissioner hereafter elected or appointed to the office of commissioner shall, before assuming the duties of such office, take and subscribe the following oath, viz.: I solemnly swear that I will faithfully and impartially perform my duties as a member of the board of commissioners of roads and revenues of Wayne County during my continuance in office. I further swear that I am not the holder of any public funds unaccounted for. So help me God. Section 7. Bonding Commissioners: Before entering upon the duties of their office, each commissioner shall give a satisfactory surety bond executed by a bonding company authorized to do business in the State of Georgia, in an amount of $5,000.00 each, to be approved by the ordinary of said county and payable to the ordinary of said county, for the use of said county, conditioned upon the faithful performance of the duties of the office. The costs of each such bond shall be paid out of the county treasury. No member of the board shall serve until said bond has been filed and approved. Section 8. Compensation: Members of the board herein created shall be paid, as their entire compensation for services, the sum of $100.00 per month, payable monthly, out of the treasury of the county. In addition thereto, each member shall be entitled to recover from the county the actual expenses expended by him while engaged in county
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business, which said claim for expenses shall be accompanied by an affidavit executed by each such member, swearing that the same is true and correct and was expended by him while so engaged. Section 9. Recall: Each members of the board of commissioners shall be subject to recall at any time after his election. The petition for such recall election must be signed by not less than 15% of the qualified registered voters of said county who were on the list of registered voters for the last general election. Every person signing such petition must sign the same in the office of the ordinary of Wayne County, and it must be signed in the presence of the ordinary or of an employee of the ordinary. The person or persons sponsoring such petition shall address such petition to the ordinary, petitioning him to call for a special election to submit the question of whether any member of the board shall be recalled. The ordinary shall allow such person or persons, from time to time, to count the number of names on said petition in order to determine whether a sufficient number of people have signed the petition. Such person or persons must notify the ordinary when they desire to officially present the petition to him. Provided, however, that no such petition shall be presented to the ordinary more than fifteen days after it is placed in the ordinary's office for the purpose of obtaining signatures thereon. Any petition presented after such fifteen day period shall be void and of no force and effect. It shall then be the duty of the ordinary to determine whether such petition bears the proper percentage of names and to determine the sufficiency of the petition. For this purpose, the clerk of the superior court of Wayne County is hereby directed to furnish the ordinary with a list of the registered voters for the last general election. The ordinary must make his decision on the sufficiency of the petition within 15 days after the same is formally presented to him. In the event he determines that the petition is in order, it shall be his duty to issue the call for an election and such call shall be issued within 5 days after he determines that such petition is in order. He shall set the date of the election for not less than 20 nor more than 30 days from the date of the issuance of
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the call and shall publish the date and purpose of such election once a week for two weeks immediately preceding the date thereof. The ballots used in such election shall state the name of the member of the board whose recall has been petitioned, and shall designate the district number of such member. The ballot shall have written or printed thereon, the words For recall of ( name of member ) ( district number ) and Against recall of ( name of member ) ( district number ). The ordinary shall forthwith publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the position in question shall be vacated from the date of such recall election, and the member so removed shall not be eligible to re-election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the member shall retain his office. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies. In the event a recall election results in a majority of votes against recall, no additional recall election against the same member shall be held for at least two years. Section 10. Chairman: At their first regular meeting after the approval of this Act, and at the first regular meeting in each year thereafter, the board of commissioners shall by majority vote, elect one of their number as chairman. The chairman shall serve at the pleasure of a majority of the members of the board and may be removed at any time by a majority vote without notice, cause or hearing. It shall be the duty of the chairman to act as presiding officer at all meetings of the board of commissioners, and he shall be recognized as ceremonial head of the county government, but shall have no other administrative duties except as herein provided or such as may be delegated to him by the board of commissioners. In the event of the absence, disqualification or disability of the chairman, the members of the board shall appoint and designate some member of their body to act as temporary chairman. It shall be the duty of the chairman to preserve order and decorum at all meetings of the board, to state every question coming before the board, announce the decision of the
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board on all subjects and decide all questions of order, subject, however, to an appeal to the board, in which event a majority vote of the board shall govern and conclusively determine such question of order. The chairman shall have the right to vote on all matters coming before the board and shall have the right to move for the adoption of any resolutions or other matter coming before the board. Section 11. Quorum: Three members of the board of commissioners shall constitute a quorum for the transaction of all business which may come before them. Section 12. Meetings: All regular meetings of the board of commissioners shall be held on the first Tuesday in each month at 10:00 o'clock, a.m., at the courthouse in Wayne County, Georgia, and said meetings may be adjourned from day to day until all business is completed. Extra sessions or special meetings may be held at any time on the call of the chairman or by any two members of the board. Whenever a special meeting is called, notice shall be given by the clerk of the board to each member of the board, in writing, setting forth the date, hour and place of the meeting, and the purpose for which the same is called, and no business shall be transacted at such special meetings, except such as is given in the notice, without the unanimous consent of the entire board of commissioners. Notice and purpose of meetings may be waived. All such notices shall be served by leaving the same at the home of each such member or by delivering the same to him in person. All meetings, both regular and special, shall be open to the public; provided, however, that the board shall have the right to hold executive sessions; provided further, that no official action or vote on any proposition or question coming before the board shall be taken at other than a public meeting. Section 13. Enforcement of Decorum: The board of commissioners shall have the right to appoint a sergeant-atarms of all commission meetings, whose duty it shall be to carry out the orders of the chairman in all matters relative to maintaining order and decorum. Section 14. Rules of Procedure: It shall be the duty of
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the board of commissioners to adopt rules of order and by-laws by which all meetings shall be conducted, said rules of order and by-laws to be spread upon the minutes of the board. Section 15. Clerk: It shall be the duty of the board of commissioners, not later than January 1, 1964, and at the first regular meeting in each year thereafter, to appoint a clerk of the board of commissioners. The board shall also have the power of authority to appoint an assistant clerk if they deem the same necessary. The salary of the clerk and assistant clerk shall be fixed by the board of commissioners, and they shall serve at the pleasure of a majority of the board, and may be removed at any time without notice, statement or proof of cause. No member of the board of commissioners shall be eligible to hold the office of clerk during his continuance in office nor within twelve months after the expiration of the term, nor within twelve months after resignation or removal from the office of commissioner. No member of the immediate family or members of the board shall be eligible to serve as clerk. Section 16. Duties of Clerk: The clerk of the board of commissioners shall devote his entire time to the duties of his office and shall hold no other office, elective or otherwise, during his term as clerk. It shall be the duty of the board of commissioners to provide ample office space for the clerk in the courthouse in Wayne County. It shall be the duty of the clerk of the board of commissioners to attend all meetings of the board; to keep a careful and accurate record of its proceedings, including a record of the votes on all questions coming before the board; keep an accurate set of books showing in detail all items of income and expense of the county; act as depositary for all funds received by officers of the county, required by law to deposit the same with the county depositary; to account for all revenues due said county from whatever source; furnish to the board of commissioners such information as may be requested by them, and the clerk shall open his books at any reasonable time to any citizen requesting to see the same; keep and preserve all of the records of the board of
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commissioners; countersign all vouchers issued by the board of commissioners, thereby certifying that the same is a proper expenditure authorized by the board of commissioners; and perform such other duties as may be required of him by the board of commissioners. In the event of the absence, or disqualification of the clerk, the duties of his office may be performed by the assistant clerk appointed by the board of commissioners. Section 17. Bond of Clerk: Before entering upon his duties as clerk, it shall be the duty of the clerk and the assistant clerk to execute and deliver to the board of commissioners good and sufficient bond, in the amount of $25,000.00, executed by a solvent bonding company authorized to do business in the State of Georgia, to be approved by the board of commissioners, payable to the board of commissioners and their successors in the office, for the use of Wayne County, conditioned upon the faithful performance of his duties. The costs of such bonds shall be paid from the general funds of Wayne County. Section 18. Board of Commissioners: It shall be the duty of the board of commissioners of Wayne County to exercise all of the power and authority heretofore vested by law in the ordinary when sitting for county purposes, and delegated by law to the commissioners of roads and revenues of Wayne County, together with all power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated. Section 19. Reports of Officers: The board of commissioners is hereby empowered to require that any or all county officers make written or oral reports to them on the general or specific conduct of the affairs of their respective offices, and to adopt rules and regulations, not in conflict with the general laws of the State, concerning the conduct of such offices. Section 20. Appointment of Employees: The board of commissioners shall have the power to appoint and remove all county department heads and employees, and to adopt
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reasonable rules and regulations for the conduct of the various departments of the county. Section 21. Superintendent of Roads: The board of commissioners shall have the right to appoint a superintendent of roads and to define his duties and fix his salary. Section 22. County Attorney: The board of commissioners shall have the right to appoint a county attorney and fix his compensation. Section 23. Budgets and Appropriations: The board of commissioners shall, annually, not later than the first regular meeting in March of each year, beginning with the year 1963, adopt a budget providing for the expenditure of all county funds, including capital outlays and public works, for the ensuing year. Prior to the adoption of said budget, the board shall hold one public meeting thereon, giving notice thereof at least ten days in advance by publication of such notice and of the proposed budget in the official gazette of Wayne County and by posting the same at the courthouse door. After its adoption, the budget shall constitute the board's appropriation of all funds for the year. The budget so adopted may be revised during the year only by formal action of the board in a regular meeting and no increase shall be made in an appropriation without provision being made for financing the same. Section 24. Expenditures by Allotments: No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board. Section 25. Audits: The Board shall, within sixty days from the approval of this Act and on or before January 31st annually thereafter, employ a certified public accountant for making an annual continuous audit of county finances and financial records of each and every department of the county. The accountant so employed shall be paid out of county funds, and shall perform a complete audit of the financial records of the county for the ensuing year,
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and shall report any irregularities found to exist. Each county officer shall exhibit his records to the auditor appointed by the board in default of which the board shall have the power to issue an order requiring the production of such records and to punish for failure to do so. Any officer who shall fail or refuse to deliver such books to said auditor shall receive no compensation from county sources during such default. A copy of each annual audit shall be delivered by the clerk to the spring session of the Wayne County grand jury and a copy filed in the office of the clerk of Wayne Superior Court for public inspection. Section 26. System of Records: It shall be the duty of the board of commissioners to cause to be installed an adequate and sufficient system of maintaining financial records in each office of the county, and to require that the same be properly maintained by each county officer. Any county officer who shall fail or refuse to maintain adequate and sufficient records indicating all receipts and disbursements shall be guilty of malfeasance of office, and removed from office as provided by law. Section 27. County Depositary: The clerk of the board of commissioners is hereby designated as depositary for all funds belonging to Wayne County, collected from whatever source. It shall be the duty of each county officer collecting funds which belong to Wayne County to deposit the same with said clerk not later than the tenth day of the month following receipt of the same. It shall be the duty of the clerk to report any defaulting officers to the board of commissioners, whereupon, it shall be the duty of the board of commissioners to cite such defaulting officer as provided by section 89-817 et seq., Georgia Code of 1933. The board of commissioners shall adopt rules and regulations concerning the public funds maintained by said clerk. Section 28. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Wayne County to issue the call for an election for the purpose of submitting this Act to the voters of Wayne County for approval or rejection. The date
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of such election shall be on the same date of the general election in 1962. 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 Wayne County. The ballot shall have written or printed thereon the words: For approval of the Act to create a Board of Commissioners of Roads and Revenues for Wayne County, Georgia. Against approval of the Act to create a Board of Commissioners of Roads and Revenues for Wayne County, Georgia. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. 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 Wayne County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 29. Conflicting Laws Repealed: All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Wayne County. Comes now W. B. Rhoden, who is the editor and/or publisher of The Jesup Sentinel which is the official organ for the County Wayne, and after being duly sworn, deposes and states that the attached legal notice appeared in the above newspaper on the following dates: January 11, 18, 25, 1962. /s/ W. B. Rhoden Editor and/or Publisher
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Sworn to and subscribed before me, this the 26 day of January, 1962. /s/ Irelle Strange Notary Public, Wayne County, Georgia. My Commission Expires October 29, 1962. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia, a bill to provide for a board of commissioners of roads and revenues for Wayne County; to prescribe provisions relating to the administration of the affairs of Wayne County; to provide for all matters relative to the above, and for other purposes. This 9 day of January, 1962. E. C. Davis, Representative, Wayne County. Approved March 6, 1962. COMPENSATION OF BOARDS OF EDUCATION OF COUNTIES HAVING POPULATION OF NOT LESS THAN 4,540 AND NOT MORE THAN 4,550 PERSONS. No. 948 (House Bill No. 1124). An Act to provide for compensation of the board of education of certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Each member of the board of education in counties having a population of not less than 4,540 and not more than 4,550, according to the 1960 United States census
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or any future census, shall be compensated in the amount of twenty-five ($25.00) dollars per meeting. The board is authorized to compensate the chairman of the board in an additional amount to the compensation provided herein for each meeting, a sum of not more than twenty-five ($25.00) dollars per month. Such sums shall be paid monthly from the funds of said counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. CITY OF WEST POINTAUTHORITY TO CONVEY CERTAIN LAND. No. 949 (House Bill No. 1254). 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 authorize the sale of certain property; to repeal conflicting laws; and for other purposes. Whereas, due to a mistake in the description of certain property supposedly set aside for road purposes in the City of West Point, property of Mr. Joe M. Birdsong, his wife, Martha S. Birdsong and Mrs. George M. Birdsong, is erroneously designated as road property; and Whereas, according to such erroneous description said road property runs through the porch and living room of dwellings belonging to the aforesaid persons; and Whereas, the governing authority of the city and the property owners are desirous of correcting the deeds and alleviating said situation; now therefore 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,
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p. 474), as amended, is hereby amended by adding at the end thereof the following: The mayor and aldermen of the City of West Point are hereby authorized and empowered to grant, bargain, sell and convey upon such terms and for such sum as may be agreed upon, to John M. Birdsong and Martha S. Birdsong the following described property: A parcel of land which is situated on the north side of East Ninth Street (formerly Clark Street) and which lies between Avenue D and Avenue E of the City of West Point, Troup County, Georgia, and being more fully described as follows, to-wit: Commencing at an iron pin which is situated at the southeast corner of lot No. 7 of block 15, according to an official map of the City of West Point, Georgia, a copy of the same being recorded in the front of map book 1 in the office of the clerk of the Superior Court of Troup County, Georgia, and the same is included herein by reference; thence with a M. B. of N. 76 30[prime] W. for a distance of 141.5 feet to an iron pin and a point for a corner; thence with a M. B. of S. 13 30[prime] W. for a distance of 25 feet to a point for a corner; thence with a M. B. of S. 76 30[prime] E. for a distance of 141.5 feet to an iron pin for a corner situated on the westerly margin of Avenue E (formerly Church Street) and U. S. Highway 29; thence with a M. B. of N. 13 30[prime] E. along the Westerly margin of said U. S. Highway 29 for a distance of 25 feet to an iron pin and the point of beginning. A plat of the above described property was prepared by Grady A. Fuller, land surveyor, dated February 28, 1959, and is attached to a certain quitclaim deed executed by City of West Point, Georgia, to Joe M. Birdsong and wife, Martha S. Birdsong, recorded in the office of the clerk of the Superior Court of Troup County, Georgia. Section 2. Said Act is further amended by adding at the end thereof the following: The mayor and aldermen of the City of West Point are hereby authorized and empowered to grant, bargain, sell
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and convey upon such terms and for such sum as may be agreed upon, to Mrs. George M. Birdsong the following described property: A parcel of land which is situated on the north side of East Ninth Street (formerly Clark Street) and which lies between Avenue D and Avenue E of the City of West Point, Troup County, Georgia, and being more fully described as follows, to-wit: Commencing at a concrete monument which is situated at the southwest corner of lot No. 4 of block 15 of the official map of the City of West Point, Georgia, a copy of the same being recorded in the front of map book 1, in the office of the clerk of the Superior Court of Troup County, Georgia, and the same is included herein by reference; thence with a M. B. of S. 76 30[prime] E. for a distance of 122.5 feet, more or less, to an iron pin and a point for a corner; thence with a M. B. of S. 13 30[prime] W. for a distance of 25 feet to a point for a corner; thence with a M. B. of N. 76 30[prime] W. for a distance of 122.5 feet to an iron pin and a point for a corner; thence with a M. B. of N. 13 30[prime] E. for a distance of 25 feet to a concrete monument and the point of beginning of the property herein described. A plat of the above described property was prepared by Grady A. Fuller, land surveyor, dated March 9, 1959, and is attached to a certain quitclaim deed executed by City of West Point, Georgia, to Mrs. George M. Birdsong, recorded in the office of the clerk of the Superior Court of Troup County, Georgia. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Troup County. Before me personally appeared Glen S. Long, who being duly sworn, deposes and says that he is the associate publisher of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the sheriff's sales of said County of Troup in said State.
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Deponent further saith that the following notice attached hereto: Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia, a bill to amend the Charter of the City of West Point, Georgia, so as to authorize the governing authority to dispose of certain real property which is not being used for road purposes, to repeal conflicting laws, and for other purposes. This 24 day of January, 1962. Frank G. Birdsong Representative, Troup County has been published in said LaGrange Daily News, to-wit: Jan. 26, 1962, Feb. 2, 1962, Feb. 9, 1962, being 3 publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen S. Long Associate Publisher Sworn and subscribed before me this 9th day of Feb., 1962. /s/ Eleanor H. Orr Notary Public, Troup County. (Seal). Approved March 6, 1962.
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HARRIS COUNTYCLERICAL HELP FOR CLERK OF SUPERIOR COURT. No. 951 (House Bill No. 1144). An Act to amend an Act which provides for the clerk of the superior court of Harris County to be placed on a salary basis in lieu of a fee basis, approved March 17, 1960 (Ga. L. 1960, p. 2926), so as to change the compensation for clerical help in the office of the clerk of the superior court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act which provides for the clerk of the superior court of Harris County to be placed on a salary basis in lieu of a fee basis, approved March 17, 1960 (Ga. L. 1960, p. 2926), is hereby amended by striking from section 3 the words and figure one thousand five hundred ($1,500.00) dollars and inserting in lieu thereof the words and figures two thousand four hundred ($2,400.00) dollars, so that when so amended said section 3 shall read as follows: Section 3. The clerk of the superior court may appoint such clerical help as he deems necessary but the compensation for same shall not exceed the sum of two thousand four hundred ($2,400.00) dollars per annum for all such help. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Harris County: Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia a bill to increase the compensation for clerical help in the office of the clerk of the superior court of said State and county; to provide the amount to be paid for the employment of deputies of said clerk, and for other purposes.
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This 15th day of January, 1962. /s/ W. B. Steis Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. B. 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 is the official organ of said county, on the following dates: Jan. 18 25, Feb. 1, 1962. /s/ W. B. Steis Representative, Harris County Sworn to and subscribed before me this 5th day of February, 1962. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved March 6, 1962. CITY OF ATLANTACORPORATE LIMITS. No. 952 (House Bill No. 1145). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Atlanta, Georgia, approved February 28, 1874, and the several Acts amendatory thereof, is hereby amended
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by excluding from the city limits of the City of Atlanta, all that tract or parcel of land lying and being in land lots 167 and 186 of the 14th district of Fulton County, Georgia, and being more particularly described as follows: Beginning at a point in land lot 167 where the south line of the right-of-way of the proposed Lakewood Avenue Extension intersects with the city limits of the City of East Point; thence south along the said city limits line to the south line of land lot 167; thence west along the south line of land lots 167 and 186 to its intersection with the south line of the right-of-way of said proposed Lakewood Avenue Extension; thence northeasterly, easterly, and southeasterly along the south line of the right-of-way of said proposed Lakewood Avenue Extension to point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of GeorgiaCounty 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 20th and 27th days of December, 1961, and on the 3rd and 10th days of January, 1962, as provided by law. /s/ Frank Kempton Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1962 session of the General Assembly of Georgia, which convenes on Monday, January 8, 1962, 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
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the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. This 20th day of December, 1961. /s/ J. C. Savage, City Attorney, City of Atlanta. Subscribed and sworn to before me, this 29th day of January, 1962. /s/ Bessie K. Crowell, Notary Public, Georgia, State at Large. (Seal). Approved March 6th, 1962. CITY OF EAST POINTCORPORATE LIMITS, REFERENDUM. No. 953 (House Bill No. 1146). 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. Be it enacted by the General Assembly of Georgia: Section 1. 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 particularly amended by an Act approved March 5, 1957 (Ga. L. 1957, p. 2429, et seq.), is hereby amended by extending the city limits of the City of East Point in Fulton County, Georgia, to embrace the territory and inhabitants of the following described area: Being that tract or parcel of land lying and being in land lot 167 and 186 of the 14th district of Fulton County, Georgia, being more particularly described as follows: Beginning
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at a point in land lot 167 where the south line of the right-of-way of the proposed Lakewood Avenue Extension intersects with the city limits of the City of East Point; thence south along said city limit line to the south line of land lot 167; thence west along the south line of land lots 167 and 186 to its intersection with the south line of the right-of-way of the said proposed Lakewood Avenue Extension; thence northeasterly, easterly and southeasterly along the south line of the right-of-way of said proposed Lakewood Avenue Extension to the point of beginning. Section 2. Subject to the election hereinafter provided for in this Act, all of said territory and the inhabitants thereof are hereby annexed to and made a part of said City of East Point, subject to the government, jurisdiction, laws, ordnances, rules and regulations of said city as fully and completely for any and all purposes as said city has heretofore exercised over the territory and inhabitants heretofore embraced within the territorial limits of said city, and the area hereby annexed to said city is hereby attached to and made a part of the first ward of said city. Section 3. Not less than thirty nor more than sixty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of East Point to issue the call for an election for the purpose of submitting this Act as hereinbefore prescribed for approval or rejection. The mayor and council shall set the date for such election for a day not less than thirty nor more than sixty days after the date of the issuance of the call. The mayor and council shall cause the date and the purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official gazette of the City of East Point and the official organ of Fulton County. The ballots shall have printed or written thereon the words: For approval of the Act extending the corporate limits of the City of East Point. Against approval of the Act extending the corporate limits of the City of East Point. Referendum.
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All persons desiring to vote in favor of the Act shall vote for approval and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect as of 12:01 a.m., August 15, 1962. If less than a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by the City of East Point. It shall be the duty of the mayor and council to hold and conduct such election under the same laws and rules as govern general elections in said city, 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. It shall be the duty of the mayor and council to hold and conduct such election in such a manner as will enable those persons to vote who have resided or owned property within the territory proposed to be annexed for a period of six months next preceding the date set for such election, and who are otherwise qualified to vote for members of the General Assembly of Fulton County. It shall be necessary that a majority of the votes cast in the entire area be in favor of the Act before it shall become effective. It shall be the duty of the mayor and council to prepare a list of qualified voters from the territory proposed to be annexed, and to permit only those named upon such list to vote in said election. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. State of GeorgiaCounty 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
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the annexed is a true copy, was published in said paper on the 22, 29 days of November, 1961, and on the 6, 13, 20, 27 days of December, 1961. As provided by law. /s/ Frank Kempton Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the session of the General Assembly of Georgia convening in January, 1962, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof; and for other purposes. City of East Point /s/ Ezra E. Phillips, East Point City Attorney 1305 Fulton Nat'l. Bk. Bldg. Atlanta 3, Georgia. Subscribed and sworn to before me, this 5th day of March, 1962. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission expires October 18, 1963. (Seal). Approved March 6th, 1962.
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CHEROKEE COUNTYELECTIONS OF MEMBERS OF GENERAL ASSEMBLY. No. 954 (House Bill No. 1150). An Act to provide for the designation of the two Representatives of Cherokee County as Position No. 1 and Position No. 2; to provide a manner for so designating; to provide that the Representatives seeking re-election shall be designated as the incumbent on the ballot; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The position held at the present time by the Representatives to the General Assembly from Cherokee County shall be designated as Position No. 1 and the position of the Representative to be elected at the forthcoming general election shall be designated as Position No. 2, so that the positions of Representatives to the General Assembly from Cherokee County shall henceforth be designated as Position No. 1 and Position No. 2. If in any election an incumbent shall be a candidate for Representative, unless he otherwise designates, he shall retain the position which he held in the previous term. If in any election a person other than an incumbent shall be a candidate for Representative, he shall designate the position for which he is a candidate. Such a candidate for Representative shall be eligible only for the position for which he declares himself a candidate as herein provided. Section 2. Whenever any incumbent State officer from Cherokee County is seeking re-election from Cherokee County, he shall be designated as an incumbent on the official ballot provided for the electors in said election, unless he is running for a position other than the position he held in the previous term. 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
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the January 1962 session of the General Assembly of Georgia, a bill so as to provide for the designation of the two representatives of Cherokee County as position No. 1 and position No. 2; to provide for certain additions to the ballot in elections in Cherokee County; to repeal conflicting laws; and for other purposes. This 15th day of January, 1962. /s/ Carl Barrett, Representative, Cherokee County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Barrett, who, on oath, deposes and says that he is Representative from Cherokee County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia Tribune, which is the official organ of said county, on the following dates: January 18th, 25th, and February 1st, 1962. /s/ Carl Barrett, Representative, Cherokee County. Sworn to and subscribed before me, this 5th day of February, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large. My Commission expires March 17, 1964. (Seal). Approved March 6th, 1962.
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HARALSON COUNTYEXPENSE ACCOUNT OF TREASURER. No. 955 (House Bill No. 1155). An Act to amend an Act fixing the salary of the treasurer of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 258), as amended, by an Act approved March 27, 1941 (Ga. L. 1941, p. 863), and by an Act approved February 17, 1950 (Ga. L. 1950, p. 2723), so as to increase the amount of the expense account of the treasurer of Haralson County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the salary of the treasurer of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 258), as amended, by an Act approved March 27, 1941 (Ga. L. 1941, p. 863), and by an Act approved February 17, 1950 (Ga. L. 1950, p. 2723), is hereby amended by striking from section 1 of said Act the figure and words $10.00 (ten dollars) and inserting in lieu thereof the figure and words $35.00 (thirty-five dollars), so that when so amended said section shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that from and after the passage of this Act and annually thereafter, the compensation of the treasurer of Haralson County shall be one thousand two hundred dollars ($1,200.00) per annum, payable monthly from the county funds in the hands of the treasurer which is full compensation and in lieu of commissions. The said treasurer is hereby authorized to have an expense account of $35.00 (thirty-five dollars) per month which shall be paid from the general funds of Haralson County. Expense account. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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Georgia, Haralson County. Personally appeared before me, the undersigned authority, authorized to administer oaths in the State of Georgia, comes R. W. Greene, who first being duly sworn, deposes and says that he is publisher and general manager of The Haralson County Tribune, a public gazette published weekly in the City of Buchanan, Georgia, of general circulation and the official organ of Haralson County, Georgia, and that the following legal advertisement; to wit: To Apply for Introduction of Local Legislation. Notice is hereby given of intention to apply to the 1962 session of the General Assembly for legislation to be enacted to amend an Act setting up the salary of the Treasurer of Haralson County, approved August 16, 1911, (Ga. L. 1911, p. 258) as amended, so as to increase the amount of the expense account of the Treasurer of Haralson County. This 15th day of January, 1962. /s/ George A. Kimball, Treasurer of Haralson County. has been published in said Haralson County Tribune once a week for three weeks, to wit: in the regular issues of January 18th, 25th, and February 1st, of the year 1962. /s/ R. W. Greene Sworn to and subscribed before me, this 5th day of February, 1962. /s/ F. W. McClendon, C.S.C. Notary Public, Haralson County, Georgia. (Seal). To Apply for Introduction of Local Legislation. Notice is hereby given of intention to apply to the 1962 session of the General Assembly for legislation to be enacted
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to amend an Act setting up the salary of the treasurer of Haralson County, approved August 16, 1911 (Ga. L. 1911, p. 258), as amended, so as to increase the amount of the expense account of the Treasurer of Haralson County. This 15th day of January, 1962. /s/ George A. Kimball, Treasurer of Haralson County. Approved March 6th, 1962. ACT PROVIDING PENSIONS FOR EMPLOYEES OF CITIES HAVING OVER 150,000 POPULATION AMENDED. No. 956 (House Bill No. 1161). 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 Acts amendatory thereof; to provide for additional pensions for the beneficiaries of officers and employees killed in the line of duty and to provide additional pensions for officers and employees who suffer injuries resulting in total and permanent disability in the line of duty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That section 12 of an Act approved March 27, 1941 (Ga. L. 1941, p. 468; Sec. 12, appendix A, cumulative supplement to code of City of Atlanta of 1953) be and the
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same is hereby further amended by adding at the end thereof, to become a part of said section, the following: Whenever any officer or employee coming within the provisions of this Act, as amended, shall be killed in the line of duty during the first five (5) years of his employment, the beneficiary of such officer or employee shall be paid five twenty-fifths (5/25ths) of a full twenty-five (25) year service pension. If such officer or employee is killed in line of duty after having served five (5) years in the service of said city, his said beneficiary shall receive a pro rata part of a full service pension, to be calculated in the manner provided herein. Pensions when officers killed in line of duty. Section 2. That said Act be further amended by adding at the end of section 6 of an Act approved March 13, 1957 (Ga. L. 1957, p. 3272; Sec. 20.10, appendix A, cumulative supplement to code of City of Atlanta of 1953), the following: Whenever any officer or employee coming within the provisions of this Act, as amended, shall become totally and permanently disabled as a result of an injury sustained in the line of duty during the first five (5) years of his employment, such officer or employee shall receive a pension amounting to five twenty-fifths (5/25ths) of a total service pension throughout the remainder of his life. If such officer or employee shall become totally and permanently disabled as the result of an injury sustained in the line of duty at any time after five (5) years service, he shall receive for the remainder of his life a pro rata pension to be calculated in the manner provided herein. Totally disabled. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 6th, 1962.
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ACT PROVIDING PENSIONS FOR EMPLOYEES OF CITIES HAVING OVER 150,000 POPULATION AMENDED. No. 957 (House Bill No. 1162). 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 Acts amendatory thereof, so as to provide increased pensions for certain officers and employees, to increase the amount of payment to be made by such officers and employees into the pension fund, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act approved August 20, 1927 (Ga. L. 1927, pp. 265 et seq.), to provide that cities having a population of more than 150,000, as disclosed by the United States Census of 1920, or subsequent census, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is hereby further amended, as follows: Section 1. The pension benefits provided by this section and the several sub-sections shall be in lieu of like pensions benefits provided by existing provisions of this Act. (a) Any officer or employee coming under the terms of this Act who is in the employment of the city prior to the effective date of this amendment may elect to come under the provisions of this amendment by making written application to the pension board. The applicant must agree in writing to accept the benefits and obligations of this amendment, in lieu of other pension benefits and obligations under this Act, as amended. This amendment and the election to accept its benefits shall be predicated upon an acknowledgment that the General Assembly in adopting this amendment
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reserved the right to further amend said Act and to reduce the benefits provided hereunder, in the event the officers and employees of any such city should ever qualify and accept the benefits under the Federal O.A.S.I. program by reason of his employment by such city. Provided, further, that the benefits of this Act, as amended, shall in no event be reduced as a consequence of participation in said Federal O.A.S.I. program below the benefits as same existed prior to the enactment of this amendment. Election, intent. All such officers and employees in the employment of the city on the effective date of this Act who do not in writing agree to accept the benefits and obligations of this amendment shall have their rights and obligations determined under the law as it existed prior to this amendment. All regular officers or employees of the city, eligible for participation in this Act, as amended, who shall be elected or employed after the effective date of this Act, shall be required to come under the provisions of this Act, as now amended, and shall have all rights and duties provided in the amended Act. Temporary employees shall not be required to participate in this Act, as amended. Employees eligible. (b) All officers and employees, who shall elect to come under the terms of this amendment, must attain the age of sixty (60) years and shall have served 25 years, before being eligible to retire and receive the benefits, as provided by this amendment; provided, however, that any officer or employee who has served twenty-five (25) years and who has attained the age of fifty-five (55) years may elect to retire on a reduced pension, said reduction to be one-twelfth (1/12) of two percent (2%) per month for each month the officer or employee lacks in being sixty (60) years of age; provided, further, that the provisions of this section as to age limit shall not apply to any person claiming a pension by reason of total and permanent disability. Retirement. (c) When such officer or employee shall retire as a matter of right, he shall be paid thereafter a monthly pension equal to two percent (2%) of his monthly earnings up to
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and including $300.00 and one and one-half percent (1-%) of his monthly earnings in excess of $300.00, multiplied by his years of creditable service. Monthly earnings shall be the average of the highest five (5) years' salary during the term of employment. Amount. (d) In no event shall the total pension benefits payable under this amendment, plus any Social Security benefits that may inure to such person by reason of his employment by such city, exceed seventy-five percent (75%) of the average monthly salary used in computing the pension benefits under the terms of this amendment, or five hundred ($500.00) dollars per month, whichever is less. No department head who elects to come under the provisions of this Act shall be entitled to receive any emeritus salary as provided by the governing authorities of any city coming within the provisions of this Act. Limit. (e) Any person coming under the provisions of this amendment, either voluntarily or by compulsion, shall be entitled to all the other benefits, as set forth in the relevant sections of this Act, as amended, prior to this amendment; provided, however, that partial pensions and pensions for total and permanent disability or death shall be computed by the same formula as is used for computing service pensions in subparagraph (c) above, and, provided, further, that pensions for beneficiaries designated under the terms of this Act, as amended, shall be one-half () of the amount the pensioner was receiving or would have received had he exercised his right to retire. Provided, however, that in no event shall the designated beneficiary receive less than she would have received under this Act, as amended, prior to this amendment. Provided, further, that, if said beneficiary is more than five (5) years younger than the pensioner, there shall be deducted from her pension one-twelfth (1/12) of two percent (2%) per month for each month that she is more than five (5) years younger than the pensioner; provided, however, that said reduction of one-twelfth (1/12) of two percent (2%) per month shall not apply, if the beneficiary is sixty (60) years or more of age at the time she becomes eligible for benefits. Amount.
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(f) There shall be deducted from the total salary of any officer or employee electing to come under this amendment the sum of five percent (5%), in the event he does not provide for payment of a pension to his beneficiary, as authorized by this Act, as amended, or the sum of six percent (6%), in the event he does provide for the continuance of the pension to his beneficiary. Like deductions shall be made from the salaries of future employees required to come under this amendment. Contributions. (g) In addition to the payments required to be made in subparagraph (f) above, any officer or employee who may become a participant under this amendment shall be entitled to all benefits and receive credit for all the years of his creditable service, provided he shall pay into the fund the sum of five percent (5%) of his total salary from the time his salary exceeded $300.00 per month, if he does not provide for the payment of a pension to a beneficiary; and the sum of six percent (6%) of his total salary from the time his salary exceeded $300.00 per month, if he does provide for the payment of a pension to a beneficiary. Payments previously made to the pension fund not exceeding the amount due the fund shall be deducted from the total amount due in arriving at the total sum of five percent (5%) or six percent (6%). Same Said total amount due may be paid at the time the officer or employee elects to come under the terms of this amendment or in sixty (60) monthly installments from the date of his participation under this amendment. Provided, however, that the board of trustees of the fund, as created under this Act, as amended, may at their discretion allow additional time for such payments to be made. Partial payments. Any officer or employee who does not elect to participate under this amendment within six (6) months of the effective date of this amendment, but who later elects to participate, shall be required to pay interest at the rate of four percent (4%) per annum from the effective date of this amendment to the date he elects to participate. In the event the officer or employee should retire or die before
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said payments into the fund are completed, the secretary of the retirement fund is authorized to deduct the monthly payments from retirement or beneficiary benefits until the obligation is discharged. Election to come under Act. (h) This section and the several sub-sections shall be effective the first day of the month following the passage and approval of this Act, and the payments required by sub-section (f) above, as to those then employed and electing to come under this amendment, shall begin with that date. As to those subsequently coming into the service of the city or subsequently electing to participate under the terms of this amendment, said payments shall begin with the employment or date of such election. Effective dates. (i) In addition to the fund derived from deductions from salaries and wages, as required by sub-section (f) of this amendment, it shall be the duty of the governing authorities and the boards of education of such cities to appropriate and pay into the pension fund an amount which shall equal the total amount of deductions from the salaries and wages paid to officers and employees of said governing authorities and said boards of education, including the amounts paid into said fund by said officers and employees for prior creditable service, as required by subparagraph (g). Provided; however, such governing authorities and boards of education of such cities may delay the matching of additional contributions caused by the enactment of this amendment to the January 1st next following the effective date of this amendment, and provided, further, that said governing authorities and board of education of such cities may match the payments for prior creditable service, as provided for in subparagraph (g) in annual installments over a period not to exceed twenty (20) years from the January 1 next following the effective date of this amendment. Should said pension fund at any time be insufficient to meet and pay the pensions due to such officers and employees, such governing authorities and boards of education shall appropriate from current funds amounts sufficient to make up the deficiency as it relates to their respective officers and employees. Employees contributions.
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Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 6th, 1962. COBB COUNTYTREASURER'S COMPENSATION. No. 958 (House Bill No. 1172). An Act to fix the compensation of the treasurer of Cobb County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The treasurer of Cobb County shall be compensated in the amount of $8,250.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. Said sum shall be in lieu of any fees or other emoluments received by said treasurer. Salary. Section 2. This Act shall become effective April 1, 1962. 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-February 1962 session of the General Assembly of Georgia, a bill to amend an Act of the General Assembly of Georgia, approved February 25, 1949 (Ga. L. 1949, pp. 2009-2011), as heretofore amended, so as to change the compensation of the treasurer of Cobb County as now fixed in such aforesaid Act, as amended; and for other purposes. This 5th day of January, 1962. /s/ E. W. Teague /s/ Joe Mack Wilson /s/ Harold S. Willingham Cobb County Representatives.
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold S. Willingham, E. W. Teague, Joe Mack Wilson, who, on oath, depose and say that they are Representatives from Cobb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Marietta Daily Journal, which is the official organ of said county, on the following dates: January 5, 12, and 19, 1962. /s/ Harold S. Willingham Representative, Cobb County. /s/ Joe Mack Wilson Representative, Cobb County. /s/ E. W. Teague Representative, Cobb County. Sworn to and subscribed before me, this 31st day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved March 6th, 1962. TRAFFIC CASES IN COURTS OF ORDINARY IN CERTAIN COUNTIES. No. 959 (House Bill No. 1281) An Act to amend an Act entitled, An Act to define and enlarge the jurisdiction of courts of ordinary, in those counties having no city courts or county courts, and of municipal courts, police courts, so as to enable such courts to dispose of misdemeanor cases arising under the provisions
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of the Act approved March 19, 1937, commonly called the Georgia State Highway Patrol Act of 1937, which is the Act creating `A Department of Public Safety,' as found on pages 322-355 of Georgia Laws for the year 1937, and to enable such courts to dispose of other offenses relating to traffic upon the public roads, streets and highways of this State wherein the penalty for the offense does not exceed that of a misdemeanor; to provide the manner in which a defendant shall be brought before said courts and the procedure therein; to provide what costs shall be charged and collected in said courts; to provide the manner of disposing of cases brought before the courts named, for keeping of a record and disposition of the fines collected; to provide for appeal from the decisions of such courts; pursuant to an amendment to the Constitution of Georgia ratified on June 8, 1937, and to be found in Georgia Laws 1937, pages 1116-1118, inclusive, as published, and for other purposes, approved February 16, 1938 (Ga. L. Ex. Sess., 1937-1938, p. 558), as amended particularly by an Act approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 83), so as to provide that the aforesaid amendatory Act of 1957 shall only be applicable in certain counties; 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 define and enlarge the jurisdiction of courts of ordinary, in those counties having no city courts or county courts, and of municipal courts, police courts, so as to enable such courts to dispose of misdemeanor cases arising under the provisions of the Act approved March 19, 1937, commonly called the Georgia State Highway Patrol Act of 1937, which is the Act creating A Department of Public Safety,' as found on pages 322-355 of Georgia Laws for the year 1937, and to enable such courts to dispose of other offenses relating to traffic upon the public roads, streets and highways of this State wherein the penalty for the offense does not exceed that of a misdemeanor; to provide the manner in which a defendant shall be brought before said courts and the procedure therein; to provide what costs shall be charged
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and collected in said courts; to provide the manner of disposing of cases brought before the courts named, for keeping a record and disposition of the fines collected; to provide for appeal from the decisions of such courts; pursuant to an amendment to the Constitution of Georgia ratified on June 8, 1937, and to be found in Georgia Laws 1937, pages 1116-1118, inclusive, as published, and for other purposes, approved February 16, 1938 (Ga. L. Ex. Sess. 1937-1938, p. 558), as amended particularly by an Act approved December 11, 1953 (Ga. L. 1953, Nov. Dec. Sess. p. 83), is hereby amended, by striking from the Title of the aforesaid amendatory Act of 1957 the following language: not less than 7,100 and not to exceed 7,320, according to the 1950 census and all future censuses; 1953 Act amended. and inserting in lieu thereof the following language: of not less than 6,500 nor more than 6,530 according to the United States census of 1960 or any future such census;. Counties where applicable. Section 2. Said Act is further amended by striking from section 1A of the aforesaid amendatory Act of 1957 the following language: in excess of 7,100 and not more than 7,320 according to the 1950 census and all future censuses. and inserting in lieu thereof the following language: of not less than 6,500 nor more than 6,530 according to the United States census of 1960 or any future such census., so that when so amended section 1A shall read as follows: Section 1A. The provisions of this Act shall only apply to all counties in this State having a population of not less than 6,500 nor more than 6,530 according to the United States census of 1960 or any future such census.
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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. COBB COUNTYCOMPENSATION OF COMMISSIONER AND DEPUTY COMMISSIONER OF ROADS AND REVENUES. No. 960 (House Bill No. 1176). An Act to amend an Act creating the office of commissioner of roads and revenues for Cobb County, approved August 7, 1924 (Ga. L. 1924, p. 314), as amended particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 2632), so as to change the compensation of the commissioner and the deputy 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 commissioner of roads and revenues for Cobb County, approved August 7, 1924 (Ga. L. 1924, p. 314), as amened particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 2632), is hereby amended by striking from section 3 the figure $12,000.00 and inserting in lieu thereof the figure $13,200.00, so that when so amended Section 3 shall read as follows: Section 3. Be it further enacted by the authority aforesaid that the compensation of said commissioner shall be $13,200.00 per annum, payable monthly at the end of each month. In addition to such compensation, the advisory board of Cobb County is hereby authorized and empowered to reimburse said commissioner for ordinary and necessary traveling expenses incurred by him outside the limits of Cobb County when so traveling in the conduct of or in connection with the business of affairs of said county. Commissioner.
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Section 2. Said Act is further amended by striking from section 6 the figure $7,500.00 and inserting in lieu thereof the figure $8,250.00, so that when so amended section 6 shall read as follows: Section 6. The commissioner of roads and revenues of Cobb County shall have a deputy commissioner, whose compensation shall be $8,250.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. Any candidate for the office of commissioner shall on the date of his qualification for such office in either a primary or general election certify to the ordinary of Cobb County the name of the person he shall appoint as deputy commissioner in the event he is elected to the office of commissioner, and the person so named and certified by the successful candidate for such office shall serve as the deputy commissioner during the term for which he was named. In the event of his death, disability or resignation of the deputy commissioner the commissioner shall have thirty days from the date of such death, disability or resignation to certify to the ordinary of Cobb County the name of the new deputy commissioner to be appointed by him. In order to be eligible to serve as a deputy commissioner a person must possess the same qualifications as provided for the office of commissioner. The deputy commissioner shall assist the commissioner in the performance of his duties. The deputy commissioner shall have full authority to act in the event the commissioner is out of the county for any reason or absent from his office because of illness or is unable for some other reason to act, and any action by the deputy commissioner under such circumstances shall have the same force and effect as if such action had been taken by the commissioner. In the event a vacancy occurs in the office of commissioner of roads and revenues of Cobb County, the deputy commissioner shall immediately succeed to the office of commissioner. In the event the vacancy occurs more than sixty days prior to the next general election, the deputy commissioner shall hold the office of commissioner until such general election at which time a person shall be elected to fill the unexpired term of office of the commissioner. In the event a vacancy occurs within a
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period of sixty days immediately preceding the next general election, he shall hold the office of commissioner until the general election immediately subsequent to the aforesaid general election and until a successor to the commissioner is duly elected and qualified. Deputy commissioner. Section 3. This Act shall become effective April 1, 1962. Effective date. 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 of the intention to apply to the January-February 1962 session of the General Assembly of Georgia for the enactment of a bill to amend the Act entitled, An Act to create a commissioner of roads and revenues for Cobb County, Georgia; to provide for the election of same; to define his powers and duties; to fix his compensation; and for other purposes. Approved August 7, 1924, (Ga. L. 1924, page 314) and the several Acts amendatory thereof and for other purposes. This 10th day of January, 1962. Raymond M. Reed, Attorney for Cobb County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold S. Willingham, E. W. Teague Joe Mack Wilson, who, on oath, deposes and says that they are Representatives from Cobb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The
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Marietta Daily Journal, which is the official organ of said county, on the following dates: Jan. 12, 19 and 26, 1962. /s/ Harold S. Willingham, Representative, Cobb County. /s/ Joe Mack Wilson, Representative, Cobb County. /s/ E. W. Teague, Representative, Cobb County. Sworn to and subscribed before me, this 31st day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 6, 1962. FLOYD COUNTYPURCHASING AGENT, METHOD OF PURCHASING SUPPLIES, ETC. No. 961 (House Bill No. 1186). An Act to amend an Act entitled An Act to repeal an Act entitled `An Act to provide uniformity in the compensation of boards of commissioners of roads and revenues in Floyd County, State of Georgia; to specify the number of commissioners; to regulate the mode of nominations and election of members of the board, the term of office and for other purposes,' approved August 18, 1911; to abolish the board of commissioners of Floyd County elected thereunder, and to provide for their successors; to provide for handling the affairs of said County of Floyd until successors of said board of commissioners are elected; to provide for an inventory of property, assets,
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and liabilities of said county, and for other purposes approved July 28, 1917, and all amendments thereto, by striking from said act of 1917 as amended paragraph 2 of section 6 in its entirety; to provide for appointment of a purchasing agent; to provide the manner in which purchases for the county are to be made; and to repeal conflicting laws. 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 abolishing the board of commissioners of Floyd County, Georgia, and providing for the election of their successors approved July 28, 1917 (Ga. L. 1917, p. 351) as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 3332) is hereby amended by repealing and striking from said Act of 1917 as amended paragraph 2 of section 6 in its entirety and substituting in lieu thereof to section 6 to read and provide as follows: 2. The board of commissioners of roads and revenue of Floyd County, Georgia, shall be authorized and empowered to employ a purchasing agent for the County of Floyd and such purchasing agent shall serve at the pleasure of said board and at such salary as said board shall set from time to time and paid out of the county treasury and perform such duties as may be delegated or required by said board. Purchasing agent. Section 2. Said Act is further amended by inserting following paragraph 2 of section 6 one new paragraph to be known as paragraph 2A to read as follows: 2A. It shall be the duty of the board of commissioners of roads and revenue or their appointed agents to require competitive bids on all purchases made for or on behalf of said county of material, supplies or equipment involving an expenditure of $1,500.00 or more so as to effect the utmost economy consistent with efficiency and quality. Purchaser. 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.
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Georgia, Floyd County: Personally appeared before the undersigned authority, Sidney Lowrey, who, being duly sworn, says on oath that he is the author of the above and foregoing bill, and that notice, copy of which is attached to and made a part of said bill, has been published once a week for three weeks during a period of sixty days immediately preceding the introduction of such bill into the General Assembly, as provided by law. /s/ Sidney Lowrey Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to The General Assembly of the State of Georgia at its Session in Janaury, 1962, for the enactment of Legislation to amend an Act approved July 28, 1917 (Ga. L. 1917 pp. 351) and the several acts amendatory thereof. Said amendment to provide the manner in which the board of roads and revenue shall make purchases and other related matters. /s/ J. Battle Hall /s/ Sidney Lowrey /s/ Robert L. Scoggin As Representatives of Floyd County, Georgia. Sworn to and subscribed before me, this 7th day of February, 1962. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires Oct. 19, 1964. Approved March 6, 1962.
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BROOKS COUNTYSHERIFF PLACED ON FEE BASIS. No. 963 (House Bill No. 1187). An Act to repeal an Act placing the compensation of the sheriff of Brooks County on a salary basis in lieu of a fee basis, approved April 5, 1961 (Ga. L. 1961, p. 2977), so that the sheriff of Brooks County shall be placed on a fee basis; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled 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., approved April 5, 1961, (Ga. L. 1961, p. 2977), is hereby repealed in its entirety, and the sheriff of Brooks County shall no longer be on a salary basis but his compensation shall be on a fee basis. 1961 Act repealed. Section 2. This Act shall become effective on the first day of the month 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. This is to officially notify that we are requesting our Senator and Representative in the General Assembly to repeal the local law that placed the Brooks County sheriff's
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office on salary. This legislation to be introduced in the 1962 session of Georgia General Assembly. Brooks County Commissioners H. B. Howard, Chairman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John E. Sheffield, who, on oath, deposes and says that he is Representative from Brooks County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Quitman Free Press, which is the official organ of said county, on the following dates: Jan. 18 25, 1962 and Feb. 1, 1962. /s/ John E. Sheffield, Jr., Representative, Brooks County. Sworn to and subscribed before me, this 9 day of Feb., 1962. /s/ Janette Hirsch, Notary Public. (Seal). Approved March 6, 1962. CITY OF ROSSVILLECHARTER AMENDED. No. 964 (House Bill No. 1210). An Act to amend an Act creating the charter of the City of Rossville, Georgia, approved August 24, 1905 (Ga. L. 1905, p. 1114), as amended, particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 942), and by an Act approved November 17, 1953 (Ga. L. 1953 Nov.-Dec. Sess., p. 2538), so as to change the terms of office of the mayor and council, city clerk and tax collector, tax assessor
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and city attorney from two (2) to four (4) years; to provide the method of election of said officers; 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 Rossville, Georgia, approved August 24, 1905 (Ga. L. 1905, p. 1114), as amended, particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 942), and by an Act approved November 17, 1953 (Ga. L. 1953 Nov.-Dec. Sess., p. 2538), is hereby amended by striking section 4 of said Act, as amended, and inserting in lieu thereof a new section 4 to read as follows: Section 4. That on the first Saturday in December, 1962, and each and every four (4) years thereafter, on the same day, an election shall be held in said city for a mayor and five (5) councilmen; the city clerk and treasurer to be one of the five (5) councilmen, who shall hold their offices for four (4) years or until their successors are duly elected and qualified. No person shall be eligible to the offices of mayor and councilman who has not been a bona fide resident of said city for twelve (12) months, qualified to vote and owning real estate within the limits of said corporation; all persons shall be eligible to vote in all elections authorized by the charter who are bona fide residents of said city or who are owners in their own name of any real estate located within the corporate limits of said city; provided, that no person shall be eligible to vote or hold office in said city who has not first paid all taxes due said City of Rossville by him. Said election shall be held and conducted in the manner prescribed by the mayor and councilmen, and at the place or places designated by said mayor and council. The mayor and council shall have authority to appoint managers to conduct said election, and the certificates of the managers shall be sufficient authority to the persons elected to enter into the discharge of their duties of the office to which they have been elected upon taking the oath of office. Terms of mayor, councilmen, clerk and treasurer. Section 2. Said Act is further amended by striking section
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8 in its entirety and inserting in lieu thereof a new section 8 to read as follows: Section 8. That the administration year shall cease December 31st of each four (4) years, and that new officials elected on the first Saturday in December, 1962, shall take the oath of office and commence the discharge of their duties on January 1st following said election; provided that if January 1st falls on Sunday, then the next day following; provided, also, that the retiring mayor and councilmen shall hold over until the new or incoming mayor and councilmen shall have been qualified, and tend to such business as may need immediate attention. Government. Section 3. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. That on the first Saturday in December, 1962, and each and every four (4) years after such date the citizens of said city shall elect one tax assessor, who shall be a resident and taxpayer of said city, and an owner of real estate therein. It shall be the duty of the tax assessor to keep separate books of assessments and place all street tax assessments in one book, and all other assessments in another book. The tax assessor shall receive as compensation for his services not less than $1,000.00 per year and not more than $1,500.00, the amount to be fixed by the mayor and council. Tax assessor. Section 4. That the mayor and councilmen shall elect on the first meeting in January every four (4) years, beginning in January, 1963, and every four (4) years thereafter, or at the second meeting following, in the discretion of the mayor and councilmen, some practicing attorney, duly licensed and qualified to practice in all the courts of the State of Georgia and regularly maintaining an office in said city, a city attorney. Said attorney shall hold said position for four (4) years unless removed for cause by the mayor and council. City attorney.
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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1962 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 the terms of office of the mayor and council, city clerk and tax collector, tax assessor and city attorney from two years to four years; to provide for the election of such officers; to repeal all laws in conflict therewith, and for other purposes. This 15th day of January, 1962. J. M. Bryan, Mayor City of Rossville, Georgia Georgia, Walker County. E. P. Hall, being first duly sworn, 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 17, 24 and 31, 1962. /s/ E. P. Hall, Publisher Walker County Messenger Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1962 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 the terms of office of the mayor and council, city clerk and tax collector, tax assessor and city attorney from two years to four years; to provide for the election of such officers; to repeal all
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laws in conflict therewith, and for other purposes. This 15th day of January, 1962. J. M. Bryan, Mayor City of Rossville, Georgia Sworn to and subscribed before me, this 31st day of January, 1962. /s/ Betty Lou Hall, Notary Public. My Commission Expires July 31, 1964. Approved March 6, 1962. PAULDING COUNTYCOMPENSATION OF CORONER. No. 965 (House Bill No. 1242). An Act to amend an Act supplementing the compensation of the coroner of Paulding County, approved December 6, 1957 (Ga. L. 1958, p. 2989), so as to change the compensation of the Coroner of Paulding County; 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 coroner of Paulding County, approved December 6, 1957 (Ga. L. 1958, p. 2989), is hereby amended by striking from section 1 the figures $15.00 and inserting in lieu thereof the figure $20.00, so that when so amended, section 1 shall read as follows: Section 1. The coroner of Paulding County shall be paid the sum of $20.00 per month in addition to any fees, emoluments or other compensation which he receives. Said sum shall be paid from the funds of Paulding County. Section 2. 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 1962 session of the General Assembly of Georgia, a bill to change the compensation of the coroner of Paulding County; and for other purposes. This 23rd day of Jan., 1962. /s/ Samuel U. Braly, Senator, 38th District. /s/ J. V. Rogers, Representative, Paulding County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. V. Rogers, who, on oath, deposes and says that he is Representative from Paulding County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era, which is the official organ of said county, on the following dates: Jan. 25, 1962, Feb. 1, 1962 and Feb. 8, 1962. /s/ J. V. Rogers, Representative, Paulding County. Sworn to and subscribed before me, this 9 day of Feb., 1962. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 6, 1962.
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COMPENSATION OF JOINT CITY-COUNTY BOARDS OF TAX ASSESSORS IN CERTAIN COUNTIES. No. 966 (House Bill No. 1218). An Act to amend the Act creating a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, according to the United States census of 1950 or any future census of the United States (Ga. L. 1952, pp. 2825 et seq.) as amended, so as to fix the salaries of the members of the joint board of tax assessors, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the Act creating a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the United States Census of 1950 or any future census of the United States (Ga. L. 1952, pp. 2825 et seq.) as amended be further amended as follows: Where applicable. Section 1. That the first sentence of section 9 of said Act as amended, relating to compensation of members of the joint city-county board of tax assessors, be and the same is further amended to read as follows: The members of the joint city-county board of tax assessors shall be paid as compensation for their services the sum of $13,563.00 per annum, which sum shall be divided into monthly, semimonthly or other shorter period of payments as the respective governing authorities may provide. The salary of the office manager shall be $9,000.00 per annum, which shall be divided into monthly, semi-monthly or other installments. Salaries. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1962.
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CITY OF EAST POINTCORPORATE LIMITS. No. 967 (House Bill No. 1226). 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. 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. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for the locality are published, once a week for each of the three calendar weeks next preceding the introduction of this bill in the General Assembly, and once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. A copy of such notice 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. There is, hereby excluded from the city limits from the City of East Point in the County of Fulton, the municipal corporation aforesaid, the following territory, to-wit: All that tract or parcel of land lying and being in land lots 186 and 187 of the 14th district of Fulton County, Georgia, and being more particularly described as follows: Beginning at a point on the south line of land lot 186, said point being four hundred and seventy four (474) feet east of the west line of land lot 186 at the intersection of said land lot line with the northerly right-of-way line of the Lakewood Avenue Extension; running thence east along the south line of land lot 186 ninety (90) feet; thence northwesterly one thousand six hundred nineteen and four tenths (1619.4) feet along the property known as the East Point
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Rock Quarry to a point; thence easterly along said Rock Quarry property one thousand one hundred thirty-four (1134) feet to a point; thence southerly fourteen hundred forty two (1442) feet, more or less, to the right-of-way of the Lakewood Avenue Extension; thence southwesterly, westerly and northwesterly four hundred sixteen and eight tenths (416.8) feet, three hundred sixty and three tenths (360.3) feet, and one hundred and ninety two and five tenths (192.5) feet, respectively, along the right-of-way of the Lakewood Avenue Extension to the point of beginning. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, M. M. Smith, author of the attached bill, who, after being 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. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the session of the General Assembly of Georgia convening in January, 1962, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of East Point in Fulton County, approved August
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19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof; and for other purposes. This 21st day of November, 1961. City of East Point By Ezra E. Phillips East Point City Attorney 1305 Fulton Nat'l Bk Bldg. Atlanta 3, Georgia This 8 day of February, 1962. /s/ M. M. Smith Sworn to and subscribed before me, this 8 day of February, 1962. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 5, 1962. CITY OF ATLANTACORPORATE LIMITS. No. 968 (House Bill No. 1227). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that an Act entitled An Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof be and the same are hereby amended, as follows:
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Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for the locality are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Section 2. That the corporate limits of the City of Atlanta be enlarged and extended so as to include and embrace within the corporate limits of the City of Atlanta all the territory lying within the following boundary lines: All that tract or parcel of land lying and being in land lots 186 and 187 of the 14th district of Fulton County, Georgia, and being more particularly described as follows: Beginning at a point on the south line of land lot 186, said point being four hundred and saventy four (474) feet east of the west line of land lot 186 at the intersection of said land lot line with the northerly right-of-way line of the Lakewood Avenue Extension; running thence east along the south line of land lot 186 ninety (90) feet; thence northwesterly one thousand six hundred nineteen and four tenths (1619.4) feet along the property known as the East Point Rock Quarry to a point; thence easterly along said Rock Quarry property one thousand one hundred thirty-four (1134) feet to a point; thence southerly fourteen hundred forty two (1442) feet, more or less, to the right-of-way of the Lakewood Avenue Extension; thence southwesterly, westerly and northwesterly four hundred sixteen and eight tenths (416.8) feet, three hundred sixty and three tenths (360.3) feet, and one hundred and ninety two and five tenths (192.5) feet, respectively, along the right-of-way of the Lakewood Avenue Extension to the point of beginning. Section 3. All powers and authority of the City of Atlanta under its charter and ordinances, and all laws appertaining to said city as a municipality are hereby extended
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over and made effective in every part of the territory included within the limits above described. The power and authority of the officers of the city are made co-extensive with the limits as extended by this Act; and all other rights, and powers necessary to carry out and enforce the laws and ordinances governing said City of Atlanta, the power of taxing property and of fixing and regulating business; to assess, issue executions for, and, in cases of default, sell the property upon which taxes are due, as now prescribed by charter and the laws and ordinances of the City of Atlanta. The powers of the police department, city tax assessors and receivers, municipal revenue collector, marshal, clerk of the board of aldermen, building inspector, judges of the municipal court, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, the laws and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and is bound for the payment of such bonds equally with the other territory comprising the City of Atlanta. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, M. M. Smith, author of the attached bill, who, after being 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 1962
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session of the General Assembly of Georgia, which convenes on Monday, January 8, 1962, 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 Citly of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. This 20th day of December, 1961. J. C. Savage, City Attorney City of Atlanta This 8 day of February, 1962. /s/ M. M. Smith Sworn to and subscribed before me, this the 8 day of February, 1962. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 6, 1962. TAX COLLECTION STUDY COMMISSIONS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 250,000 AND NOT MORE THAN 500,000 PERSONS. No. 969 (House Bill No. 1243). An Act to create in any county having a population of 250,000 and not more than 500,000 according to the United States census of 1960 or any future United States census, a tax collection study commission to study the collection and assessment of State and county taxes and municipal
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taxes of cities lying wholly in such county; to provide the number and manner of the selection of the members of such commission; to define its duties and for other purposes. Be it enacted by the General Assembly of Georgia and is hereby enacted by the authority of same that from and after passage and approval of this Act; Section 1. There is hereby created in any county having a population of 250,000 and not more than 500,000 according to the 1960 United States census or any future United States census, a tax collection study commission to be composed of one member from each municipality located wholly in said county to be named by the governing body of such municipality, one member to be named by the tax commissioner of such county, if there be one, and if not by the tax collector, one member to be named by the board of tax assessors of such county and five freeholders of the county to be named by the governing body of such county. Created. Section 2. It shall be the duty of said commission to study the method of tax assessments and collections in such county for state and county purposes and for municipal purposes for any city located wholly in said county, the time of making city and county tax returns, the time and method of paying state and county and city taxes, whether such taxes shall be paid in installments, the method of appraising city and county property, the combination of city and county appraisals and returns into one tax digest, the collection of city taxes by the county and disbursement of such taxes to the cities, the forms, equipment, devices and machinery for the return of taxable property and collection of taxes and method of defraying the costs thereof and any and all things connected with a combined system of tax returns, assessments, collections and disbursements of state, county and city taxes of all municipalities located wholly in such counties. Duties. Section 3. The members of said commission shall be appointed as provided herein within sixty days after the passage
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age and approval of this Act. The chairman of the board of commissioners of roads and revenues in such county shall be an ex officio member of such commission and shall be charged with the duty of calling the first meeting of such commission for organization. Said commission shall elect one of its members as chairman and one of its members as vice-chairman and a secretary who need not be a member of the commission. Meetings, etc. Said commission may hold public hearings and may meet as often as deemed necessary by the chairman or a majority of the members. The secretary shall make complete minutes of all meetings of said commission and shall be paid such compensation by such county as shall be agreed to by the county and the compensation of such secretary and the incidental expenses of the meetings of such commission shall be borne by the county and paid as a necessary cost of the administration of the county government. Section 4. Said commission shall complete its study and file its written report to the governing body of such county within one year after the passage and approval of this Act. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. ROCKDALE COUNTYCONFINEMENT OF MINORS IN PRIVATE INSTITUTIONS. No. 970 (House Bill No. 1249). An Act to provide that no minor from outside Rockdale County shall be placed in any private institution in Rockdale County without the consent of the judge of the juvenile court of said county; to provide for a penalty; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. No minor from a county or jurisdiction other than Rockdale County shall be placed in any private institution in Rockdale County, unless the written consent of the judge of the juvenile court of Rockdale County shall have first been obtained. Section 2. Any person in charge of any such institution who accepts custody or guardianship of a minor in violation of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Crimes. 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 1962 session of the General Assembly of Georgia, a bill to provide for a method relative to the confinement of certain minors; and for other purposes. This 23 day of January 1962. Clarence R. Vaughn, Jr. Representative, 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 Rockdale County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Rockdale Citizen, which is the official organ of said county, on the following dates: January 25, 1962, February 1 - 8, 1962. /s/ Clarence R. Vaughn, Jr. Representative, Rockdale County.
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Sworn to and subscribed before me, this 9 day of Feb. 1962. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission expires Oct. 6, 1964. (Seal). Approved March 6, 1962. RICHMOND COUNTY, CITY OF AUGUSTABOARD OF TAX ASSESSORS REVIEW. No. 971 (House Bill No. 1270). An Act carrying into effect the Constitutional Amendment reported in Georgia Laws 1956, page 453, empowering the General Assembly of Georgia to consolidate and combine the Richmond County and the City Council of Augusta tax assessors for both real and personal property and all the governmental functions now vested in and exercised by the said boards in the city council of Augusta and Richmond County and to require all persons in Richmond County, Georgia, within and without the corporate limits of the City of Augusta, required by existing law to make returns of taxable property, to make a single return by a specified time on or before January 31st of each year or at such other time as said legislation may provide, to a chief tax assessor appointed by the city council of Augusta with concurrence by the board of commissioners of roads and revenues of Richmond County or by other means; to require the chief tax assessor to receive said tax returns; to prescribe the duties of the chief tax assessor with reference to the processing of said returns, the preparation of tax digests for Richmond County. The city council of Augusta and the State Revenue Commissioner and the delivery thereof, respectively, to said bodies within the time required by law; to provide for the creation, tenure, composition and selection of a joint board of tax assessors of Richmond
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County and the city council of Augusta to be known as the board of tax assessors review in lieu of arbitration; to define its powers and duties; to prescribe the method and manner in which assessments may be reviewed and determined; to provide for the personnel, their selection, tenure, and salaries of employees of the chief tax assessor and of the board of tax assessors; to provide for the expenses of the chief tax assessor and of the said board to be paid by the county and the city; to provide that said legislation shall not extend to property which under the general laws of the State must be returned to the State Revenue Commissioner or Comptroller General; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions. These terms when used in this Act, shall have the following definitions unless a different meaning clearly appears from the context: City shall mean the city council of Augusta. County shall mean Richmond County. Commissioners shall mean the board of commissioners of roads and revenues of Richmond County. Section 2. The existing boards of tax assessors for Richmond County and the city council of Augusta are hereby abolished. Existing boards abolished. Section 3. There is hereby created a joint city-county board of tax assessors for Richmond County and the city council of Augusta to be known as the board of tax assessors review for the entire territorial area of the city and county. Said board of tax assessors review shall consist of 12 members, 6 of whom shall be elected by the governing board of the city, and shall be citizens and residents of the city, 6 of whom shall be elected by the commissioners, and shall reside within or without the city limits of Augusta but within the territorial area of Richmond County. The board of tax assessors review shall be divided into two divisions, one for realty and one for personalty. The terms of office
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of the members of said divisions of the board of tax assessors review, other than the chief tax assessor, whose term shall be continuous with his office, shall be as follows: Of the 6 members elected by the governing body of the city and the 6 members elected by the commissioners, 2 shall serve for two years, 2 shall serve for three years, and 2 shall serve for four years each, respectively. Each member shall serve until his successor is elected and qualified, or until he vacates his office, becomes disqualified, or is removed for cause, in which event the governing authority electing the member in the first instance shall elect his successor to complete his term. The mayor and the city council of Augusta and the commissioners shall specifically assign the members named or elected to either the realty division or personalty division, and the members shall thereafter serve out their respective terms on the divisions to which they are appointed. Created members, etc. Section 4. Each member of the board shall be at least 30 years of age, a free-holder, and shall give such time to the duties of his office as may be required and shall hold no other remunerative public office during the term to which he is elected and shall receive $50.00 per month compensation, which shall be paid by the authority electing the member upon vouchers to be presented by either division, realty or personalty, except the chief tax assessor, whose salary shall be fixed by the city. Qualifications, compensation. Section 5. The chief tax assessor shall be elected by the city council of Augusta with concurrence by the board of commissioners of roads and revenues of Richmond County. In the event the commissioners do not concur with the mayor and the city council of Augusta in their election of the chief tax assessor then, and in such event, upon petition of either or both the mayor of the city of Augusta and/or the chairman of the board of commissioners of roads and revenues of Richmond County the judges of the Superior Court of Richmond County shall by majority vote appoint a temporary chief tax assessor to serve until the next grand jury shall convene; at which time the mayor and the city council of Augusta shall submit in writing to said grand jury the name of their nominee for chief tax assessor and
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the board of commissioners of roads and revenues of Richmond County shall submit in writing to said grand jury the name of their nominee for chief tax assessor and the superior court judge then instructing said grand jury shall instruct them that it is their first duty to elect by majority vote one of said nominees. A quorum of grand jurors for the purpose of conducting said election shall be not less than 20. Thereafter the grand jury shall present the results of said election in writing, signed by the foreman to the superior court judge then presiding and said judge shall have same published in open court with the same formality as a jury verdict in civil cases. Said chief tax assessor elected shall immediately take office and shall said chief tax assessor elected for any reason refuse to assume his duties the procedure in selecting another chief tax assessor shall be the same as hereinabove outlined. Said chief tax assessor shall have all duties, powers and authority given to the county tax assessors in Chapter 92-69, Code of Georgia, as amended, in executing the purposes of this Act: and it shall be the duty of the chief tax assessor to fix the value of all property located within the city for tax purposes, and value all property located in the county for all State, county, school or other tax purposes. The power of the chief tax assessor to assess property for taxation, or either division of the board to review assessments shall not be held to extend to any property which must be returned to the State Revenue Commissioner or Comptroller General. The chief tax assessor shall prepare and keep tax maps, and other tax records as will establish an equitable and scientific system of assessing property for taxation; shall give notice of assessments as provided by law and perform any and all other duties relating to the assessment of taxable property as may be appropriate and necessary; he shall receive all returns required of taxpayers within the County of Richmond and the corporate limits of the City of Augusta and all taxpayers required to make return of taxable property are hereby required to make a single return to the chief tax assessor, on such form as may be prescribed by the board on or before January 31st of each year hereafter. The chief tax assessor shall process all tax returns and shall prepare and deliver to the city and to
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the county and the State Revenue Commissioner and Comptroller General a complete tax digest of property within the County of Richmond and the City of Augusta by June 1st of each year hereafter. Chief tax assessor, duties, etc. Section 6. The board of tax assessors review shall be divided into two divisions: One to review real estate and one to review personalty. The two divisions of the board of tax assessors review shall organize on January 1st, or as soon thereafter as practicable after the effective date of this Act and shall adopt rules for transaction of their business and shall elect one member chairman and another as vice chairman of each division to serve for a period of one year. They shall be eligible for re-election. The chairman and vice chairman shall not have been elected a member of the board of tax assessors review by the same authority. A quorum of each division shall be not less than 5, including the chief tax assessor, who shall be an ex officio member of both divisions with the right to vote. Board's duties, etc. Section 7. Any additional employees required for the effective operation of the office of the chief tax assessor and for the tax assessors review board shall be selected by the city council of Augusta, and preference shall be given to existing employees of the county then assigned to similar duties. The employees from the county shall be subject to existing pension and tenure laws and shall be entitled to all the rights and privileges and benefits provided for employees of the county. Employees. Section 8. (a) That the city council of Augusta shall be paid by Richmond County a reasonable compensation for services rendered by the city in the preparation of a tax digest for Richmond County by the chief tax assessor of the city council of Augusta. Said compensation to be reached each year by mutual agreement between the City of Augusta and the board of commissioners of roads and revenues and should the City of Augusta and the board of commissioners fail to agree as to compensation for the services, then the same shall be fixed by arbitration as provided by law. Expenses, how paid.
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(b) That the mayor and the city council of Augusta shall submit to the board of commissioners of roads and revenues of Richmond County, Georgia, an itemized statement fully disclosing all moneys expended in the operation of the county tax assessing office, created by this Act, certified to by the comptroller general of the City of Augusta as being true and correct. Section 9. Any taxpayer feeling aggrieved at the assessment of his or her real or personal property may file a petition with either division of the board, setting forth under oath all the property, real and personal, owned by said taxpayer and subject to taxation by the city or by the county, setting forth in said petition the true fair market value of all such property as well as giving the assessment thereon by the chief tax assessor. Upon receipt of such petition, the division having jurisdiction shall fix a date for the hearing thereon after giving notice of the time and place of such hearing to the petitioner. At the time and place fixed for the hearing, the division shall investigate all of the facts relating to the said taxpayer's return and shall hear such relevant evidence as may be presented to the said division and after such investigation and hearing a majority of those present not less than a quorum shall order same reduced or raised or approved as the said division may find to be just, fair and reasonable and shall thereupon notify the taxpayer of such findings. The notices herein required to be given may be served by mailing a copy thereof to the last known address of the taxpayer and by furnishing a copy thereof to the chief tax assessor. Such value shall be final unless the taxpayer shall, within 20 days, institute appropriate proceedings in equity in the superior court of the county on the claim that the assessment is excessive or that the property is exempt from taxation under the laws of the State of Georgia. The provision of review herein set forth shall be in lieu of any arbitration, or other review provided by law. Appeals. Section 10. Either division shall have authority to issue subpoenas for the attendance of witnesses and to issue subpoenas duces tecum for the production of any documents, papers or books for the purpose of ascertaining the
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correctness of any tax return. These subpoenas shall be served by the sheriff of the county or the city sheriff. Any person who shall refuse to appear and testify or to produce any relevant documents shall be cited to appear before the judge of the superior court of the county who shall have jurisdiction by appropriate process to compel such testimony or production of books, papers or other data. Hearings, etc. Section 11. If the chief tax assessor finds that any tax-payer has failed to return his property or has omitted from the return any property that should have been returned or has undervalued any property said chief tax assessor shall have all the powers with respect to such returns as is provided for in Chapter 92-69, Code of Georgia, as amended, and shall proceed as therein provided to require correct returns. Chief tax assessor. Section 12. Either division, for the purpose of ascertaining the correctness of any return under this law, or for the purpose of making a return where none has been made, is hereby authorized, by agent or employees of its office, to examine any books, papers, records or memorandum bearing upon any matter required to be included in the return. Investigations. Section 13. The provisions of this Act shall become effective January 1, 1963. Effective date. Section 14. All laws and parts of laws in conflict herewith are hereby repealed with this proviso: If this Act shall be held unconstitutional, then the repeal of existing laws or ordinances shall remain in effect as fully as though this Act had not been passed. Affidavit of Publication. 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,
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legislation for consolidation of city council of Augusta tax assessors and Richmond County, duly appeared in said newspaper on the following dates to wit: Jan. 27, Feb. 3 - 10. Marie LeRoy, Secty. Notice of Local Legislation. Notice is hereby given that local legislation will be introduced at the 1962 session of the General Assembly of Georgia to consolidate and combine the Richmond County and the city council of Augusta tax assessors pursuant to the amendment to Article XI, Section 1, Paragraph VI of the Constitution of the State of Georgia, which was properly ratified pursuant to Resolution of the General Assembly of Georgia proposing said Amendment (Ga. L. 1956, pp. 453-456); to abolish the existing boards of tax assessors for Richmond County and the city council of Augusta; to require all persons within Richmond County, within and without the corporate limits of the City of Augusta required by existing law to make returns of taxable property to make a single return by a specified time on or before January 31st of each year, or at such other time as said legislation may provide, to a chief tax assessor appointed by the city council of Augusta, with concurrence by the board of commissioners of roads and revenues of Richmond County; to prescribe the duties of the chief tax assessor with reference to the processing of said returns; the prepartion of tax digests for Richmond County and the city council of Augusta and the delivery thereof respectively to said bodies; to provide for the creation, tenure, composition, and selection of a joint board of tax assessors for Richmond County and the city council of Augusta to be known as board of tax assessors review; to prescribe the method and manner in which assessments may be reviewed and determined; to provide for the personnel, their selection, tenure, and salaries of employees of the chief tax assessor and of the board of tax assessor review; and for other purposes. E. D. Fulcher, City Attorney, Franklin H. Pierce, County Attorney.
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Sworn to and subscribed before me, this 10 day of February, 1962. /s/ F. H. Pierce, Notary Public, Richmond County, Ga. (Seal.) Approved March 6, 1962. CITY OF EAST POINTCORPORATE LIMITS. No. 972 (House Bill No. 1277). An Act to amend an Act establishing a new charter for the City of East Point, in the County of Fulton, approved August 19, 1912, (Ga. L. 1912, p. 862), and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All that area of Fulton County and the inhabitants of such area, lying and being in land lot 227 of the 14th district of Fulton County, Georgia, which area is enclosed within the following geographical boundary lines, to-wit: Beginning at the northeast corner of land lot 227 of the 14th district of Fulton County, Georgia, said beginning point also being located at the southeast corner of land lot 228 of the 14th district of Fulton County, Georgia; running thence in a northerly direction along the land lot line dividing land lot 228 and land lot 221 a distance of 200 feet to an iron pin; running thence in a westerly direction forming an interior angle of 90 degrees with the aforesaid line a distance of 310 feet to an iron pin; running thence southerly and forming an interior angle of 90 degrees with the aforesaid line a distance of 200 feet to an iron pin located on the land lot line dividing land lot 227 and land lot 228 of the 14th district of Fulton County, Georgia; running thence in a westerly direction along the land lot line dividing land lot 227 and land lot 228 a distance of 1,317.1
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feet to an iron pin; running thence in a southerly direction forming an interior angle of 88 degrees 37 minutes with the aforesaid line a distance of 1,434.6 feet to an iron pin; running thence in an easterly direction forming an interior angle of 90 degrees 41 minutes with the aforesaid line a distance of 1,610 feet to an iron pin located on the west line of land lot 222 of the 14th district of Fulton County, Ga.; running thence in a northerly direction forming an interior angle of 90 degrees 03 minutes along the land lot line dividing land lot 227 and land lot 222 a distance of 1,414.5 feet to an iron pin and the point of beginning; be and they are hereby annexed to and incorporated in the municipality of said City of East Point. Section 2. That all of the governmental rights, jurisdiction, power and authority of the City of East Point and all of its officers, agencies, departments and authorities is hereby extended over all of said annexed territory and the inhabitants thereof. Section 3. Notice of intention to apply for this local legislation was published three times in the Fulton County Daily Report in three separate calendar weeks during a period of sixty (60) days next preceding the introduction of this Bill in the Legislature, and a copy of said notice is attached hereto and by reference is made a part hereof as required by law. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. 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
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the 22, 29, Nov., 1961, 6, 13, 20, 27 days of December, 1961, and on the 3, 10, 17 days of January, 1962, as provided by law. /s/ Frank Kempton. Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the session of the General Assembly of Georgia convening in January, 1962, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof; and for other purposes. This 21st day of November, 1961. City of East Point By Ezra E. Phillips East Point City Attorney 1305 Fulton Nat'l Bk Bldg. Atlanta 3, Georgia Subscribed and sworn to before me, this 19 day of January, 1962. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission Expires October 18th, 1963. (Seal). Approved March 5, 1962.
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FULTON COUNTYVACANCIES ON BOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 982 (Senate Bill No. 129). An Act to amend an Act creating the board of commissioners of roads and revenues for the County of Fulton, approved December 3, 1880 (Ga. L. 1880-81, p. 508), and as amended by an Act approved September 29, 1881 Ga. L. 1880-81, p. 546), and the Acts amended thereof and especially as amended by an Act approved February 27, 1933 (Ga. L. 1933, p. 535), and an Act approved February 27, 1933 (Ga. L. 1933, p. 535), and an Act approved March 3, 1939 (Ga. L. 1939 p. 570), so as to provide for the election of the members of the board of said county commissioners in the event of a vacancy thereon; 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 board of commissioners of roads and revenues for the County of Fulton, approved December 3, 1880 (Ga. L. 1880-81, p. 508), and as amended by an Act approved September 29, 1881 (Ga. L. 1880-81, p. 546), and the Acts amended thereof and especially as amended by an Act approved February 27, 1933 (Ga. L. 1933, p. 535), and an Act approved March 3, 1959 (Ga. L. 1939, p. 570), is hereby amended so that from and after the passage of this Act all vacancies that may occur on the board of commissioners of roads and revenues for the County of Fulton shall be filled as follows: In the event of a vacancy in the office of chairman or a member of the commission whose unexpired term exceeds one hundred eighty (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 one hundred eighty (180) days, it shall be the duty of the commissioners of roads and revenues of Fulton County to fill the vacancy by appointment. All persons
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elected or appointed to fill vacancies pursuant to the provisions of this section shall serve until the next general election held in said county for election of members of the General Assembly, at which general election a person shall be elected to serve for the remainder of the unexpired term of any such office. Provided, nevertheless, that this section shall not be construed to prohibit any person so appointed or elected in any such special election from offering in said general election for election to the remainder of such unexpired term, nor to prohibit such person or any other person from offering in said general election both for election to the remainder of the unexpired term of such office and for election to a full term succeeeding such unexpired term when such general election is the regular general election for election to such office. Methods of filling vacancies. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. See Enrolled Act for affidavit and advertisement. CITY OF ATLANTAUSE OF SCHOOL BUILDINGS FOR ELECTIONS. No. 984 (Senate Bill No. 184). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereto, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the Act entitled an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereto, be further amended as follows: Section 1. A copy of notice of intention to apply for this
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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 Act of the General Assembly of the State of Georgia approved February 7, 1955 (Ga. L. 1955, p. 2049) be and the same is hereby amended by striking section 2 thereof in its entirety and substituting in lieu thereof the following section, to-wit: Section 2. It shall be the duty of the board of education to make available for voting purposes all public school buildings which may be needed or required for same on all primary and general election days. The board of education may, within its discretion, determine whether said public school buildings used for voting purposes shall be closed for school purposes on such election days. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1962. See Enrolled Act for affidavit and advertisement. CITY OF ATLANTACREATION OF EMERITUS OFFICES. No. 985 (Senate Bill No. 190). 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,
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that the amendment of the Act creating a new charter for the City of Atlanta described in the caption hereof, as amended by the Act approved March 28, 1961 (Ga. L. 1961, pp. 2699, et seq.) be further amended as follows: Section 1. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 2. That section 3 of the said amendment be amended by adding thereto the following provision: Provided, however, that any department head who shall have completed six consecutive four year terms as a department head shall thereupon become eligible for appointment as an emeritus officer of said city and may receive the emeritus compensation herein provided for. Section 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 6, 1962. See Enrollement Act for affidavit and advertisement. CITY OF DAWSONCHARTER AMENDED, REFERENDUMS. No. 989 (Senate Bill No. 240). An Act to amend an Act to incorporate the City of Dawson, approved August 7, 1909 (Ga. L. 1909, p. 731), as amended particularly by an Act approved February 23, 1956 (Ga. L. 1956, p. 2515), so as to provide that the mayor and members of the city council of the City of Dawson
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will be eligible to succeed themselves in office; to provide for the annexation to the territory of, and the inclusion within, the present corporate limits, of certain additional separate areas; to provide for a change in the tax rate; to provide for a separate referendum for each of the proposed annexations; to repeal conflicting laws; and for other changes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to incorporate the City of Dawson, approved August 7, 1909 (Ga. L. 1909, p. 731), as amended particularly by an Act approved February 23, 1956 (Ga. L. 1956, p. 2515), is hereby amended by striking from section 2 the sentence, The mayor and each alderman shall be ineligible for re-election to their respective offices for the ensuing term upon the completion of their respective terms of office., and inserting in lieu thereof the following sentence: The mayor and each councilman shall be eligible for re-election to their respective offices for the ensuing term upon the completion of their respective terms of office., so that when so amended said section shall read as follows: Section 2. There shall be a mayor and six councilmen of the city of Dawson, who shall collectively be known as `the city council of Dawson.' On the second Wednesday in December, 1909, in the City of Dawson, there shall be held an election for three councilmen. On the second Wednesday in December, 1910, in the City of Dawson, there shall be held an election for a mayor and three councilmen. Said elections shall be held in the court house in Dawson, Georgia, or in the council chamber of said city. The officers aforesaid, and their successors in office, shall serve for a term of two years and until their successors are elected and qualified. Annually thereafter, on the second Wednesday in December, at the same place, an election shall be held to fill the vacancies occurring in the city council of Dawson by virtue of the expiration of the term of office of the mayor or councilmen, either or both. Provided, however, that the present incumbents shall hold their office until the expiration of the term of office for which they were elected. The mayor and four councilmen shall constitute
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a quorum. In the event of a vacancy occurring in the office of mayor or of any member of the council, from any cause, then in that event the city council of Dawson shall have power and authority and shall order an election to fill such vacancy, said election to be held within thirty days after the date of the order aforesaid, during which time the said order shall be published in the official gazette of the City of Dawson. Said elections shall be held at the usual place of holding elections for mayor and aldermen in the City of Dawson, and in all other respects regulated, managed and controlled in the manner hereinafter provided for the elections of such officers. The term of office of the mayor and each councilman shall begin January 1st, following his or their election, except in the event of the election of any one or more of said officers to fill a vacancy, in which event the officer elected to fill a vacancy shall be qualified immediately upon the declaration of the result of his election, and shall fill the unexpired term of the officer whose term he fills. On January 1st, or as soon thereafter as may be, the city council of Dawson shall meet for the purpose of organization, at which time each member thereof shall be sworn to faithfully perform his duties as mayor or councilman, as the case may be, of the City of Dawson, according to the laws of the State of Georgia and the ordinances of the City of Dawson, to the best of his ability and understanding. When organized according to law the city council of Dawson shall at once proceed to elect from their number a mayor pro tem., who shall in the absence, or disqualification of the mayor be vested with all the power and authority of the mayor, and as such execute all the duties of the mayor. They shall elect from their number a chairman of the fire committee, a chairman of the light and water committee, a chairman of the street, cemetery and sewerage committee, a chairman of the finance committee and such other chairmen as they may deem necessary. They shall elect a clerk of the city council of Dawson, who shall be ex-officio tax collector of the City of Dawson, which said officer shall receive a salary of $1,000.00 per annum; also a city treasurer who shall receive a salary of $100.00 per annum; also a city attorney who shall receive a salary of $250.00 per annum.
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No other compensation or emolument whatever shall be paid the officers aforesaid except as above stated. They shall also elect a chief of fire department, chief of police, and in their discretion a city physician, or health officer, and such other employees of the city as they may deem necessary, and they shall have power and authority to fix and provide for the compensation of the employees so elected. Of the city clerk and tax collector they shall require a bond of not less than $10,000; of the city treasurer a bond of not less than $15,000, and of the chief of police a bond of not less than $2,500, and a suitable bond for such other employees as they may see proper; they shall have the right and authority to prescribe the duties of the said officers and employees, to provide rules and regulations governing them and to discharge them upon such conditions as they may fix. The city council shall have the power from time to time to adopt such rules and regulations for their own government as they may deem necessary. The mayor shall receive a salary of $500 per annum in full compensation for his services. Each councilman shall receive a salary of $100 per annum in full compensation for his services. Said sums to be paid out of the city treasury, and to be effective from and after January 1st, 1910, and shall apply to the mayor and each councilman now in office. The mayor and each councilman shall be eligible for re-election to their respective offices for the ensuing term upon the completion of their respective terms of office. No person shall be eligible to the office of mayor who is not twenty-five years of age, who has not resided in the City of Dawson for a period of five years next preceding the date of his election, and who is not a qualified voters in the City of Dawson. No person shall be eligible to the office of councilman of the City of Dawson who is not twenty-one years of age, and who has not resided in the City of Dawson for a period of not less than three years next prior to his election and who is not a qualified voter of the City of Dawson. Eligible for re-election. Section 2. Said Act is further amended by adding to section 5 of said Act the following: There is hereby annexed to the present corporate limits
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of the City of Dawson, an additional area to be known as Extension No. 1, which includes that area, the perimeter of which is as follows: Commence where the present city limits of the City of Dawson intersects with the east line of the right of way of the Central of Georgia Railway Company in the 12th land district of Terrell County, Georgia, and run thence in a northeasterly direction along the east line of said right of way line of said Railroad to the north line of lot of land No. 226 in said land district, thence east along the north line of said lot No. 226 to a point 200 feet east from the center line of the existing State Highway No. 118, thence in a slightly southwesterly direction parallel with and 200 feet east from the center line of said highway to the present corporate limits of the City of Dawson. Extension No. 1. There is also hereby annexed to the present corporate limits of the City of Dawson, an additional area to be known as extension No. 2, which includes that area, the perimeter of which is as follows: Commence on the north line of the right of way of the existing Dawson and Leesburg public road (State Highway No. 32) where same intersects with the present city limits of Dawson, Georgia, in the 12th land district of Terrell County, Georgia, and run thence in an easterly direction along said right of way line to the northeast corner of the intersection of said Highway with the public road known as the Hardshell Road, thence in a southern direction along the east boundary of said Hardshell Road to the northeast corner of the intersection of said Hardshell Road with the first or north prong of the Highway which is a continuation from Georgia Avenue in the City of Dawson, and run thence along the eastern and southern boundary of said highway leading from said Georgia Avenue to the east line of land lot No. 15 in the 3rd land district of Terrell County, Georgia, thence south along the east line of land lots Nos. 15 and 18 in said 3rd land district to the southeast corner of the north half of said land lot No. 18, thence west along the south line of the north half of land lots Nos. 18 and 17 in said 3rd land district
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to the center of the run of Canal Creek, thence in a northwesterly direction along the center of the run of Canal Creek to the present city limits of the City of Dawson, Georgia. Extension No. 2. Section 3. Said Act is further amended by striking, in its entirety, subparagraph (a) of section 11, and adding in lieu thereof a new subparagraph (a) to read as follows: (a) The city council of Dawson, Georgia shall have the power and authority to levy and collect such taxes for the ordinary current expenses of said city not in excess of twenty (20) mills on the dollar upon the assessed values of all property in said city. Tax rate. Section 4. Within ninety (90) days after the passage and approvel of this Act, the board of registrars of Terrell County, Georgia, shall compile, from the registered qualified voters of said county, a list of the registered qualified voters who reside in, or who own real estate, in that area hereinbefore defined as extension No. 1, and shall likewise compile a list of the registered qualified voters who reside in, or who own real estate in that area heretofore defined as extension No. 2. Each of such list of voters shall be separate, shall be identified as registered voters for extension No. 1, and registered voters for extension No. 2, and each list shall be certified by the registrars and filed with the ordinary of Terrell County, Georgia. When the certified list of registered voters as above provided have been filed with the ordinary of Terrell County, Georgia, the said ordinary shall issue an order calling for the referendum election for the purpose of voting on said extensions, which election shall be held within forty-five (45) days from the date same is called. The ordinary shall cause notice of said election to be published once a week for four weeks prior to the date of said election, said published notice to be in the newspaper in Terrell County in which the sheriff's advertisements are published, and shall fix the date of said election, which shall be held at the voting precinct at the court house in the 1154th district G.M. of said county, the purpose of said election and such
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other information as the ordinary may deem necessary; said election to be held in the same manner as other special elections are held. The ordinary shall provide the ballots for said election, which shall be the three piece type secret ballot such as is used in general elections. Those voters entitled to vote on the question of annexing extension No. 1, shall have printed on their ballots the words: For City Limits Extension No. 1. Against City Limits Extension No. 1. Those voters entitled to vote on the question of extension No. 2, shall have printed on their ballots the words: Referendums. For City Limits Extension No. 2. Against City Limits Extension No. 2. The managers to hold said election shall be named by the ordinary of Terrell County, Georgia, and such managers shall be required to keep separate lists of voters, separate ballot boxes and separate records for each of said extensions, and shall file separate returns to the ordinary of the result of the election for each of said extensions. Should a majority of the voters voting on the annexation of extension No. 1 be in favor of such annexation, the ordinary shall enter up an order declaring the area hereinbefore defined as extension No. 1 to be within the corporate limits of the City of Dawson from and after December 31st, 1962 at 12 o'clock midnight. Likewise, should a majority of the voters voting on the annexation of extension No. 2 be in favor of such annexation, the ordinary shall enter an Order declaring the area hereinbefore defined as extension No. 2 to be within the corporate limits of the City of Dawson from and after December 31st, 1962 at 12 o'clock midnight. The order or orders declaring either or both of said extensions to be annexed to the city limits of the City of Dawson shall be entered on the minutes of the Court of Ordinary of Terrell County, Georgia, and such order or
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orders so entered shall be conclusive evidence of the annexation of the Territory embraced within such extensions as herein defined, to be effective from and after December 31st, 1962 at 12 o'clock midnight. Should said election result in the annexation of either or both of said extensions, then the residents within the annexed area who are qualified voters of Terrell County, Georgia, may qualify as voters in the City of Dawson, at any time after the effective date of such annexation. The entire expenses of holding said referendum elections as hereinbefore provided shall be paid by the City of Dawson. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. See Enrolled Act for affidavit and advertisement. ACT PROVIDING PENSIONS FOR MEMBERS OF POLICE DEPARTMENTS OF CITIES HAVING POPULATION OF MORE THAN 150,000 PERSONS AMENDED. No. 990 (Senate Bill No. 257). An Act to amend an Act providing a pension for members of the police departments in cities having a population of 150,000 or more, in the State of Georgia, according to the last census of the United States, and for the other purposes set forth in the Act approved February 15, 1933 (Ga. L. 1933, pp. 213, 222) 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, as follows:
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Section 1. That the amendment to the Act described in the caption hereof, approved February 21, 1951 (Ga. L. 1951, pp. 118, et seq.), making provision for such members transferred to such cities from counties in which such cities are located, so as to strike therefrom subsection (c) of section 1, which reads as follows: (c) Such transferred employee, however, shall not have the privilege of retiring as a matter of right under the terms of this Act, as amended, until he shall have reached the age of 55 years; and Vested rights. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1962. ACT PROVIDING PENSIONS FOR MEMBERS OF FIRE DEPARTMENTS OF CITIES HAVING POPULATION OF MORE THAN 150,000 PERSONS AMENDED. No. 991 (Senate Bill No. 258). An Act to amend the Act providing pensions for members of paid fire departments applicable to cities having more than 150,000 population by the United States Census of 1920 and any subsequent census, as amended (Ga. L. 1924, pp. 167 et seq.); to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows: Section 1. That the amendment to the Act described in the caption hereof, approved February 21, 1951 (Ga. L. 1951, pp. 529 et seq.), making provision for such members transferred to such cities from counties in which such cities are located, so as to strike therefrom subsection (c) of section 1, which reads as follows:
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(c) Such transferred employee, however, shall not have the privilege of retiring as a matter of right under the terms of this Act as amended until he shall have reached the age of 55 years; and Vested rights. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1962. ACT CREATING SMALL CLAIMS COURTS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 33,300 AND NOT MORE THAN 34,056 PERSONS AMENDED. No. 993 (Senate Bill No. 276). An Act to amend an Act creating a small claims court in certain counties in this State, approved April 5, 1961 (Ga. L. 1961, p. 2852), so as to provide for one or more bailiffs of and for said small claims courts; to standardize and fix the monetary limits of jurisdiction of such courts in conformity with preexisting small claims courts of this State; to provide for the procedure and practice in garnishments, in the issuing of executions from said courts, and in the trial of claim cases and illegalities instituted by third parties; to fix, clarify and make certain the provisions as to costs in certain cases; to enable the county commissioners to provide adequate and suitable quarters, facilities and accommodations for transacting the business of said courts and to provide such additional personnel as in their judgment such courts may require; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Act creating a small claims court in certain counties in this State, approved April 5, 1961 (Ga. L. 1961, p. 2852), is hereby amended by striking section 1
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thereof in its entirety and in lieu thereof inserting the following: Section 1. There is hereby created and established in each county in this State having a population of not less than 33,300 and not more than 34,056, and including the county of Colquitt, a court known as the Small Claims Court, which court shall have civil jurisdicton in all cases at law in which the principal amount of the demand or damages claimed or value of the property involved does not exceed five hundred dollars ($500.00), 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; and such jurisdiction shall include the power to issue writs of garnishment and attachment, foreclose chattel mortgages and other instruments passing or retaining title to personalty for the purpose of securing debt; and, in addition to the powers herein specifically granted, also all the powers granted to justices of the peace by the Constitution and laws of the State of Georgia. Jurisdiction. Section 2. Said Act is further amended by altering and amending subsections (a) and (b) of section 6 thereof by striking said subsections (a) and (b) in their entirety and in lieu thereof inserting the following subsections of said section 6: (a). A copy of the verified statement, 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 an officer or person authorized by law to serve process in superior courts; or by a duly qualified small claims court bailiff; or by registered or certified mail with a return receipt; or by any private individual not a party to or otherwise interested in the suit, especially appointed by the judge for that purpose. Actions, bailiff. (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
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addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. Section 3. Said Act is further amended by striking section 8 thereof in its entirety and in lieu thereof inserting the following: Section 8. The plaintiff, when he files his claim, shall deposit with the court the sum of five dollars ($5.00) which shall cover the costs of that proceeding up to and including the rendering of a judgment, except the cost of serving process or notices to defendants and summoning witnesses when required; but the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty, and replevin by possessory warrant, shall be seven dollars and fifty cents ($7.50); and in other matters (not specifically mentioned herein) the costs shall be the same as provided for justices of the peace; and, in claim cases and illegalities, instituted by a third party after levy, the costs shall be seven dollars and fifty cents ($7.50), to be taxed in the discretion of the court. 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 a 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 case at his discretion. Costs. Section 4. Said Act is further amended by adding a new section thereto to be designated as section 10 (a) and to read as follows: Section 10 (a). Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or
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execution issued from the small claims court, the levying officer shall forthwith return the same to said court and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the Judge of said small claims court, and the judge shall be entitled to seven dollars and fifty cents ($7.50) for every such claim case. The same practice and procedure shall apply in cases of illegality affidavits. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such jury trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the party cast in said proceeding. Claim cases. Section 5. Said Act is further amended by adding a new section or subsection to be designated section 11 (a) to read as follows: Section 11. (a). The judge of such small claims court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Executions. Section 6. Said Act is further amended by adding a new section thereto to be designated as section 12 (a) and to read as follows: Section 12. (a). The judge of such court shall have power to appoint one or more bailiffs of and for said small claims court, to act within and throughout the limits of the county, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all processes
Page 3199
and writs issued from or by said small claims court, with power, also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in section 24-804 and give the bond prescribed in section 24-811 of the Code of Georgia, and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this State. Bailiffs. Section 7. Said Act is further amended by adding a new section thereto to be designated as section 12 (b) and to read as follows: Section 12. (b). Such small claims courts having no designated terms at stated periods, but being always open for the transaction of business, the judge thereof shall, in each instance, set dates for all hearings and trials in every kind of case and, also, designate the times when attachments and executions are returnable and, also, designate the time when each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Terms, etc. Section 8. Said Act is further amended by adding a new section thereto to be designated as Section 12 (c) and to read as follows: Section 12. (c). A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a small claims court bailiff; or it may be served by registered or certified mail, provided such service
Page 3200
by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Garnishment. Section 9. Said Act is further amended by striking subsection (b) of section 13 of the Act and in lieu thereof inserting the following subsection to read as follows: Section 13. (b). The judge of a small claims court shall have power to impose fines of not more than ten dollars or imprison for not longer than twenty-four hours any person guilty of a contempt of court, such fines to be paid into the county treasury or depository for county purposes. Contempt. Section 10. Said Act is further amended by adding to section 19 thereof a new subsection to be designated section 19 (a) and to rea as follows: Section 19. (a). The said county commissioners shall provide adequate and suitable quarters, facilities and accommodations for transacting the business of such court, and they may provide such additional personnel as in their judgment the court may from time to time require. Facilities. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962.
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DOUGLAS COUNTYCOMPENSATION OF CORONER. No. 994 (Senate Bill No. 279). An Act to amend an Act placing the coroner of Douglas County on a salary in lieu of fees, approved March 28, 1961 (Ga. L. 1961, p. 2511), so as to change the amount of the compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the coroner of Douglas County on a salary in lieu of fees, approved March 28, 1961 (Ga. L. 1961, p. 2511), is hereby amended by striking from section 1 the words and figure twenty-five ($25.00) dollars and inserting in lieu thereof the words and figure forty ($40.00) dollars, so that when so amended section 1 shall read as follows: 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 forty ($40.00) dollars per month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. See Enrolled Act for affidavit and advertisement.
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CITY COURT OF LEXINGTONABOLISHED, REFERENDUM. No. 995 (Senate Bill No. 280). An Act to repeal an Act entitled An Act to establish the City Court of Lexington, in and for the County of Oglethorpe; to define its jurisdiction and powers; to provide for the appointment of a judge, solicitor, and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein and writs of error therefrom to the Supreme Court, and for other purposes., approved on December 13, 1899 (Ga. L. 1899, p. 395), as amended, to provide for the disposition of all suits, cases, papers, processes, writs of scire facias, books, indexes and other matters of said court; to provide for referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to establish the City Court of Lexington, in and for the County of Oglethorpe; to define its jurisdiction and powers; to provide for the appointment of a judge, solicitor, and other officers thereof, and to define their powers and duties; to provide for pleading and practice and new trials therein and writs of error therefrom to the Supreme Court, and for other purposes., approved on December 13, 1899 (Ga. L. 1899, p. 395), as amended, is hereby repealed in its entirety and the City Court of Lexington, in and for the County of Oglethorpe, as provided therein is hereby abolished. Abolished. Section 2. All mesne and final processes from the City Court of Lexington which have not been executed at the time that this Act takes effect shall be returned to the Superior Court of Oglethorpe County, Georgia; all suits, cases, papers, writs of scire facias, books, indexes and other matters of said court issued from said court; all undisposed matters, both of a civil and criminal nature and all other matters pending in said City Court of Lexington shall be returned to the Superior Court of Oglethorpe County, Georgia.
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All suits, cases, papers, processes, writs of scire facias, books, indexes and all other matters of whatever kind or nature, both of a civil and criminal nature belonging to said court shall be delivered to the Clerk of the Superior Court of Oglethorpe County, Georgia and when so delivered shall become the property of the Superior Court of Oglethorpe County, Georgia. Transfer of pending cases, etc. Section 3. 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 Oglethorpe County to issue the call for an election for the purpose of submitting this Act to the voters of Oglethorpe County for approval or rejection, said call for an election shall be issued during the month of September, 1962. The ordinary shall set November 6, 1962 as the date for such election. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Oglethorpe County. The ballot shall have written or printed thereon the words: For approval of the Act to abolish the City Court of Lexington. Referendum. Against approval of the Act to abolish the City Court of Lexington. 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 at the end of December 31 1964. 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 Oglethorpe 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
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to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. See Enrolled Act for affidavit and advertisement. CITY OF ROSWELLCHARTER AMENDED. No. 996 (Senate Bill No. 281). 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), an Act approved March 7, 1957 (Ga. L. 1957, p. 2663), and an Act approved March 28, 1961, (Ga. L. 1961, p. 2511), so as to change the corporate limits of said city; to provide that in the event the mayor's office is vacated for any reason whatsoever the mayor pro tem. as acting mayor shall serve the unexpired term of the mayor and until the mayor's successor is elected and qualified at the next regularly scheduled election for mayor; to provide that the acting mayor and council in the event of the succession of the mayor of the mayor pro tem. to the unexpired term of the mayor's office may appoint another mayor pro tem.; 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 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), an Act approved March 7, 1957 (Ga. L. 1957, p. 2663), and an Act approved March 28, 1961 (Ga. L. 1961, p. 2511), is amended by striking
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therefrom 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, 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 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 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
Page 3206
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 No. 341, 1340 feet to the northwest corner of said land lot; thence south along the west lines of land lot 341 and land lot 340 to the north bank of the Chattahoochee River; thence south along the west line of land lot 340 if said west line were extended across the Chattahoochee River to the south bank of the Chattahoochee River, thence in an eastern direction along the southern bank of the Chattahoochee River 8,120 feet, more or less, to a point on the south bank of the Chattahoochee River at the intersection of a line drawn from the southeast corner where Vickery Creek enters into the Chattahoochee River to the south bank of the Chattahoochee River; thence north 480 feet, more or less across the Chattahoochee River to the starting point at the mouth of Vickery Creek. Corporate limits. Section 2. Said Act is further amended by striking the last two sentences of section 11 of said Act and inserting in lieu thereof the following, That in case of vacancy of the office of the mayor, the mayor pro tem. shall serve the unexpired term of the mayor and until his successor is elected and qualified at the next regularly scheduled election for mayor as herein provided. The mayor pro tem. when so acting shall be known as `acting mayor'. Said acting mayor and council, in the event of the succession of the mayor pro tem. to the mayor's unexpired term shall appoint from the members of the council another mayor pro tem., so that when so amended said section 11 shall read as follows: Vacancy in office of mayor.
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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 of the office of the mayor, the mayor pro tem. shall serve the unexpired term of the mayor and until his successor is elected and qualified at the next regularly scheduled election for mayor as herein provided. The mayor pro tem. when so acting shall be known as `acting mayor'. Said acting mayor and council, in the event of the succession of the mayor pro tem. to the mayor's unexpired term shall appoint from the members of the council another mayor pro tem. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. See Enrolled Act for affidavit and advertisement. TOWN OF BRASELTONCORPORATE LIMITS. No. 998 (Senate Bill No. 287). An Act to amend an Act incorporating the Town of Braselton, in the County of Jackson, approved August 21, 1916 (Ga. L. 1916, p. 598), as amended, so as to exclude certain property from the incorporated limits of said town; to provide that the Town of Braselton cannot in the future incorporate certain property; 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 Braselton, in the County of Jackson, approved August 21, 1916 (Ga. L. 1916, p. 598), as amended, is hereby amended by adding thereto a section 1 (a), to read as follows:
Page 3208
1 (a) Be it enacted by the authority aforesaid that the following tract or parcel of land is hereby excluded from the corporate limits as defined in section 1 above of the Town of Braselton, to wit: Beginning at an iron pin located in the south corner of this tract of land, said pin being 30 feet west of the center of Georgia Highway No. 53 where this tract corners with lands of Braselton Improvement Company; thence running along the town limits south 67 30 minutes west 411 feet to an iron pin on the boundary which is adjacent to Braselton Improvement Company land; thence north 13 no minutes west 132 feet to an iron pin; thence south 65 30 minutes west 244 feet to an iron pin; thence north 13 no minutes west 204 feet to an iron pin; thence north 65 30 minutes east 244 feet to an iron pin; thence south 85 30 minutes east 206 feet to an iron pin; thence north 74 30 minutes east 208 feet to an iron pin; thence south 13 30 minutes east 218.5 feet to the beginning iron pin. The Town of Braselton may never incorporate or include in its city or corporate limits that property which is being taken from the City of Hoschton, Georgia, by an Act similar to this one. Section 2. The provisions of this Act are hereby declared to be inseparable, so that if any section, clause, sentence or part hereof is declared by any court of competent jurisdiction to be unconstitutional or void for any reason, then the entire provisions of this Act shall be void and of no effect. Intent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. See Enrolled Act for affidavit and advertisement.
Page 3209
CITY OF HOSCHTONCORPORATE LIMITS. No. 999 (Senate Bill No. 288). An Act to amend an Act incorporating the City of Hoschton, in the County of Jackson, approved August 19, 1919 (Ga. L. 1919, p. 1028), as amended, so as to exclude certain property from the corporate limits of Hoschton; to provide that the City of Hoschton cannot in the future incorporate certain property; 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 Hoschton, in the County of Jackson, approved August 19, 1919 (Ga. L. 1919, p. 1028), as amended, is hereby amended by adding thereto a section 1 (a), to read as follows: 1 (a) Be it enacted by the authority aforesaid that the following tract or parcel of land is hereby excluded from the corporate limits as defined in section 1 above of the City of Hoschton, to wit: Beginning at an iron pin located in the northeast corner of this tract of land, said pin being 30 feet west of the center of Georgia Highway No. 53, where this tract corners with lands of Braselton Improvement Company; thence running along State Highway No. 53 south 13 30 minutes east 319 feet to a stake; thence south 5 30 minutes east 209 feet to a stake; thence south 81 40 minutes west 377 feet to an iron pin; thence north 13 no minutes west 560 feet to an iron pin on the boundary which is adjacent to Braselton Improvement Company land; thence running along the city limits north 67 30 minutes east 411 feet to the beginning iron pin. Corporate limits. The City of Hoschton may never incorporate or include in its city or corporate limits that property which is being taken from the town of Braselton, Georgia, by an Act similar to this one.
Page 3210
Section 2. The provisions of this Act are hereby declared to be inseparable, so that if any section, clause, sentence or part hereof is declared by any court of competent jurisdiction to be unconstitutional or void for any reason, then the entire provisions of this Act shall be void and of no effect. Intent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 6, 1962. See Enrolled Act for affidavit and advertisement. CHARLTON COUNTYMEETINGS OF BOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 1007 (House Bill No. 886). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Charlton, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2405), so as to provide for a change in the days the meetings of the board are held; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Charlton, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2405), is hereby amended by striking from section 7 the word Monday wherever it appears in said section, and inserting in lieu thereof the word Tuesday, so that when so amended section 7 shall read as follows: Sec. 7. Be it further enacted by the authority aforesaid, that said board of commissioners shall hold a regular
Page 3211
meeting in each month on the first Tuesday thereof; the first meeting to be held on the first Tuesday in January, 1928, at ten o'clock, a.m. when the present commissioner of roads and revenues for said county shall turn over to them their office, all records, books, and official papers therein, together with all county property, with a full inventory of the same, and a full and complete statement showing the financial condition of the county. At this meeting, or as soon thereafter as practicable, the board of commissioners shall organize by electing one of the members as chairman, one as vice-chairman, and every one year thereafter on the first Tuesday in January a chairman and vice-chairman shall be elected, but any chairman or vice-chairman shall hold his office until his successor is elected, and nothing herein shall prevent the re-election of any chairman or vice-chairman. The vice-chairman shall, in the absence or disqualification of the chairman or during the vacancy in office of chairman, perform and discharge all of the duties of the chairman, and in the event of a vacancy in the office of chairman or vice-chairman the same shall be filled by the board at its next regular meetings after such vacancy becomes known. The chairman shall be the chief executive of the board. He shall see that all orders, resolutions, and rules of said board are faithfully filled and impartially executed and enforced, and that all the officers, employees, and agents of said board faithfully and impartially discharge the duties required of them. He shall have the general supervision of the affairs of the county, acting under orders of the board, and shall preside at all meetings of the board. He shall have the power to convene the board in extra session upon his own motion or upon the written request of the other four members of the board, and shall do so whenever the other four members make such request in writing. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Charlton County. In person came Doyle Lewis, who on oath says that he is the publisher of the Charlton County Herald, the official
Page 3212
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, said notice appearing in the issues published December 28, 1961, January 4, 1962, and January 11, 1962. Doyle Lewis, Publisher Charlton County Herald 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 the board of commissioners of roads and revenues of Charlton County, Georgia so as to change the meeting date of said board from the first Monday in each month to the first Tuesday in each month. This 27th day of December, 1961. /s/ H. Ben Rodgers, Representative, Charlton County, Ga. Signed, sealed and delivered in the presence of /s/ Emmett B. Stapleton, Jr., Notary Public, Georgia, State at Large. My Commission Expires Oct. 6, 1965. Approved March 7, 1962.
Page 3213
PAULDING COUNTYCLERICAL HELP FOR TAX COMMISSIONER. No. 1010 (House Bill No. 1021). An Act to amend an Act creating the office of tax commissioner of Paulding County, approved February 25, 1949 (Ga. L. 1949, p. 1335), as amended by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3074), and an Act approved January 19, 1959 (Ga. L. 1959, p. 2556), so as to increase the funds provided for clerical help; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Paulding County, approved February 25, 1949 (Ga. L. 1949, p. 1335), as amended by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3074), and an Act approved January 19, 1959 (Ga. L. 1959, p. 2556), is hereby amended by striking from section 4 the words and figures eighteen hundred ($1800.00) dollars and inserting in lieu thereof the words and figures twenty-four hundred ($2400.00) dollars, so that when so amended, section 4 shall read as follows: Be it further enacted by the authority aforesaid, that the compensation of the tax commissioner of said county is hereby fixed at an annual salary of $3,000 to be paid monthly from the general funds of said Paulding County, Georgia, and said salary shall be in full payment of all services rendered by said tax commissioner of said county, and from such funds, plus an allowance of twenty-four hundred ($2400.00) dollars per annum for clerical help, the said tax commissioner shall pay all clerical hire and expenses of the office except office equipment, stationery, printing and supplies; the ordinary of said county or county authorities having control of the courthouse of Paulding County, shall furnish or cause to be furnished an office in the courthouse for said tax commissioner for the purpose of transacting the business of said office, and said tax commissioner shall be required, under this Act, to maintain and keep his office
Page 3214
open for the transaction of business connected with said office every business day, the same as other county offices are kept open. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1962 session of the General Assembly of Georgia, a bill to change the provisions relative to compensation with reference to the Office of Tax Commissioner of Paulding County; and for other purposes. This 8th day of January, 1962. /s/ Samuel U. Braly, Senator, 38th District. /s/ James V. Rogers, Representative, Paulding County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. V. Rogers, who, on oath, deposes and says that he is Representative from Paulding County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas New Era, which is the official organ of said county, on the following dates: January 11, 1962, January 18, 1962 and January 25, 1962. /s/ J. V. Rogers, Representative, Paulding County.
Page 3215
Sworn to and subscribed before me, this 5 day of February, 1962. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved March 7, 1962. CITY OF DALTONAUTHORITY OVER STREETS, ETC. No. 1011 (House Bill No. 1141). An Act to amend an Act consolidating, amending and condifying the various Acts incorporating the City of Dalton approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, particularly by an Act approved February 26, 1959 (Ga. L. 1959, p. 2065), an Act approved January 27, 1960 (Ga. L. 1960, p. 2019), an Act approved February 15, 1960 (Ga. L. 1960, p. 2091), and an Act approved April 5, 1961 (Ga. L. 1961, p. 2917), so as to provide the mayor and council with full power and direction-control over all streets, alleys, side-walks, and street crossings in order that said mayor and council might direct the mode, manner, and style in which said streets, alleys, side-walks, and street crossings shall be opened, constructed, maintained, or closed, and if closed to whom the property may be sold; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating, amending and codifying the various Acts incorporating the City of Dalton approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, particularly by an Act approved February 26, 1959 (Ga. L. 1959, p. 2065), an Act approved January 27, 1960 (Ga. L. 1960, p. 2017), an Act approved February 15, 1960 (Ga. L. 1960, p. 2091), and an Act approved April 5, 1961 (Ga. L.
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1961, p. 2917), is hereby amended by inserting immediately after section VI a section to be numbered section VI A. which shall read as follows: Section VI A. Be it further enacted, Said mayor and council shall have full power and direction-control over all streets, alleys, side-walks, and street crossings and shall direct the mode, manner and style in which they shall be opened, constructed, maintained, or closed, and if closed, to whom such property may be sold; provided, however, that the owner or owners of property abutting that portion of the street, alley, side-walk or street crossing so closed shall have first right and option to purchase said property, to the exclusion of any and all other persons or corporations, at any time within ninety (90) days from the date of said closing. 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1962 session of the General Assembly of Georgia, a bill to amend the charter of the City of Dalton, Georgia, so as to authorize the mayor and council of said city to open and close streets, construct and maintain same and to dispose of such property as being no longer needed; and for other purposes.
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This the 28th day of December, 1961. /s/ Erwin Mitchell Senator, 43rd District /s/ G. J. Boyett Representative Seat No. 1 Whitfield County, Georgia /s/ Virgil T. Smith Representative Seat No. 2 Whitfield County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virgil T. Smith G. J. Boyett, who, on oath, deposes and says that they are Representatives from Whitfield County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Dalton Sentinel, which is the official organ of said County, on the following dates: Jan. 19-26, 1962, February 2, 1962. /s/ Virgil T. Smith Representative, Whitfield County /s/ G. J. Boyett Representative, Whitfield County Sworn to and subscribed before me, this 5th day of February, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 7, 1962.
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COBB COUNTYACT PLACING OFFICERS ON SALARY BASIS AMENDED. No. 1012 (House Bill No. 1174). An Act to amend an Act entitled An Act to change the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system as provided by Article XII, Section II, Paragraph II, of the Constitution of the State of Georgia of 1945; to make provision for the appointment, selection, and employment of assistant deputies and clerical help in the offices of the officials of Cobb County above enumerated; to make provisions regulating the carrying out of said changes; to regulate the disposition of fees and costs; and for other purposes., approved February 9, 1949 (Ga. L. 1949, p. 427), as amended particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 2740), an Act approved March 25, 1958 (Ga. L. 1958, p. 3375), and an Act approved April 7, 1961 (Ga. L. 1961, p. 3508), so as to change the compensation of the sheriff, the clerk of the superior court, the chief deputy sheriff, the deputy sheriffs, the chief deputy clerk of the superior court, and the clerk of the court of ordinary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to change the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system as provided by Article XII, Section II, Paragraph II, of the Constitution of the State of Georgia of 1945; to make provision for the appointment, selection, and employment of assistant deputies and clerical help in the offices of the officials of Cobb County above enumerated; to make provisions regulating the carrying out of said changes; to regulate the disposition of fees and costs; and for other purposes., approved February 9, 1949 (Ga. L. 1949, p. 427), as amended particularly by an Act approved March 7, 1957 (Ga. L. 1957, p. 2740), an Act approved
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March 25, 1958 (Ga. L. 1958, p. 3375), and an Act approved April 7, 1961 (Ga. L. 1961, p. 3508), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. That the salary of the clerk of the superior court and the sheriff of Cobb County shall be $10,450.00, each, per annum to be paid in equal monthly installments from the funds of Cobb County. The salary of the ordinary of Cobb County shall be $9,500.00 to be paid in equal monthly installments from the funds of Cobb County. In addition to the above the clerk and the ordinary shall each receive $1,000.00 per annum to be paid in equal monthly installments from the funds of Cobb County, for their services on the Advisory Board of Cobb County. Salaries. Section 2. Said Act is further amended by adding at the end of section 3 the following: The clerk of the court of ordinary shall be compensated in the amount of $7,500.00 per annum to be paid in equal monthly installments from the funds of Cobb County. so that when so amended section 3 shall read as follows: Section 3. That the ordinary of said county shall be authorized and empowered to employ the clerical help necessary to properly perform the functions and duties of his office provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the commissioner of roads and revenues and the advisory board of Cobb County. The clerk of the court of ordinary shall be compensated in the amount of $7,500.00 per annum to be paid in equal monthly installments from the funds of Cobb County. Clerk of court of ordinary. Section 3. Said Act is further amended by striking from section 4 the figure $7,500.00 and inserting in lieu thereof the figure $8,250.00, so that when so amended section 4 shall read as follows: Section 4. That the clerk of the Superior Court of Cobb County shall have a deputy clerk whose salary shall be
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$8,250.00 per annum to be paid monthly from the funds in the county treasury. Any candidate for the office of clerk of the Superior Court of Cobb County shall on the date of his qualification for such office in either a primary or general election certify to the ordinary of Cobb County the name of the person he shall appoint as his deputy clerk in the event he is elected to the office of clerk, and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk during the term for which he was so named. In the event of the death or the removal from office of said deputy clerk, the clerk of the superior court shall have thirty days from said date of death or removal from office of said deputy clerk to certify to the ordinary of Cobb County the name of the new deputy clerk to be appointed by him. That in addition to said deputy clerk, the clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to properly perform the functions and duties of the office provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the commissioner of roads and revenues and the advisory board of Cobb County. Deputy clerk of Superior Court. Section 4. Said Act is further amended by striking from Section 5 the figure $7,500.00 and inserting in lieu thereof the figure $8,250.00, and by striking from the fifth sentence of section 5 the figure $5,200.00 and inserting in lieu thereof the figure $5,720.00, 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 $8,250.00 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
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addition to the said chief deputy the said sheriff shall be authorized and empowered to name and appoint additional deputies as shall be approved from time to time by the commissioner of roads and revenues and the advisory board of Cobb County. The salaries of said additional deputies shall be set by the commissioner of roads and revenues and advisory board of Cobb County provided, however, that said salaries shall not exceed $5,720.00 per annum per each additional deputy approved by the said commissioner of roads and revenues and advisory board of Cobb County. In addition to the said chief deputy and other deputies above provided for, the sheriff of Cobb County shall be authorized and empowered to employ the clerical help necessary to properly perform the functions and duties of his office provided that the number of employees and salaries or other compensation, to be paid to each shall first be approved by the commissioner of roads and revenues and the advisory board of Cobb County. 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 than $5,200.00 nor more than $7,000.00, per annum. Chief deputy sheriff. Other deputies. Section 5. This Act shall become effective April 1, 1962. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the January-February 1962 session of the General Assembly of Georgia for the enactment of a bill to amend the Act entitled, An Act to change the compensation of the clerk of
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the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system as provided by Article XII, Section II, Paragraph II, of the Constitution of the State of Georgia of 1945; to make provision for the appointment, selection and employment of assistant deputies and clerical help in the offices of the officials of Cobb County above enumerated; to make provision regulating the carrying out of said changes; to regulate the disposition of fees and costs; and for other purposes. Said Act approved February 9, 1949 (Ga. L. 1949, p. 427 et seq.), and the several Acts amendatory thereof and for other purposes. This 10th day of January, 1962. /s/ Raymond M. Reed, Attorney for Cobb County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold S. Willingham, E. W. Teague, Joe Mack Wilson, who, on oath, depose and say that they are Representatives from Cobb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Marietta Daily Journal, which is the official organ of said county, on the following dates: January 12, 19 and 26, 1962. /s/ Harold S. Willingham, Representative, Cobb County, Georgia. /s/ Joe Mack Wilson, Representative, Cobb County, Georgia. /s/ E. W. Teague, Representative, Cobb County, Georgia.
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Sworn to and subscribed before me, this 31st day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires March 17th, 1964. (Seal). Approved March 7, 1962. CITY OF HAWKINSVILLECORPORATE LIMITS. No. 1014 (House Bill No. 872). An Act to amend an Act creating a new charter for the City of Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended more particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 3140), so as to change the corporate limits of the City of Hawkinsville; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended more particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 3140), is hereby amended by adding at the end of section 2 (a) the following paragraph: All that portion of the following described lands which lie west of the western boundary of the corporate limits of the City of Hawkinsville, Georgia, as said corporate limits exist as of December 14, 1961, to-wit: That certain tract or parcel of land lying and being in land lots numbers 271, 272 and 281 in the 12th District of Pulaski County, Georgia, said tract lying west of the new south by-pass of U. S. Highway No. 341, and south of Town Creek. Said tract bounded as follows: on the north by the run of Town Creek, on the west by the new south by-pass of U. S. Highway No.
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341, on the south by the property of Dewey Horne and Mrs. Hennie Sewell, and on the west by a fence; and being the same property as that shown on a plat thereof recorded in plat book 1, page 180, Pulaski County, Georgia, records. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice is hereby given that I will introduce at the 1962 session of the General Assembly of Georgia, a bill to be entitled An Act to amend an Act approved December 18, 1902, creating a new charter for the City of Hawkinsville, Georgia, as amended, for the purpose of increasing, enlarging and extending the corporate limits of the City of Hawkinsville, Georgia, and for the purpose of annexing into the city limits of Hawkinsville, Georgia, additional territory, and for other purposes. /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: December 27, 1961, and January 3 and 10, 1962. /s/ R. C. Massee, Representative, Pulaski County, Georgia.
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Sworn to and subscribed before me, this 23rd day of January, 1962. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires March 17, 1964. Approved March 7, 1962. CITY OF HAWKINSVILLECORPORATE LIMITS. No. 1016 (House Bill No. 873). An Act to amend an Act creating a new charter for the City of Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended more particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 3140), so as to change the corporate limits of the City of Hawkinsville; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended more particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 3140), is hereby amended by adding at the end of section 2 (a) the following paragraph: That tract or parcel of land lying and being in land lots numbers 194 and 223 in the 4th land district of Pulaski County, Georgia, described as follows: Beginning at the point where the east lot line of land lot #194 intersects the southern margin of Anderson Road, and from said beginning point run south 68 west along Anderson Road a distance of one thousand fifty-eight (1058) feet to a point; thence south 5 west eight hundred (800) feet to a point; thence due west three hundred sixtynine (369) feet to a point; thence south 5 west five hundred thirty (530) feet to a point; thence due east eight
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hundred twenty-nine (829) feet to a point; thence north 14 west one hundred ninety-one (191) feet to a point; thence north 6315[prime] east one thousand one hundred forty-four (1144) feet to a point; thence north 2445[prime] west six hundred eight and one-half (608) feet to a point; thence north 69 west one hundred ninety (190) feet to a point; thence south 80 west one hundred thirty-six and one-half (136) feet to a point; thence due east four hundred fifty (450) feet to a point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice is hereby given that I will introduce at the 1962 Session of the General Assembly of Georgia, a bill to be entitled An Act to Amend An Act approved December 18, 1902, creating a new charter for the City of Hawkinsville, Georgia, as amended, for the purpose of increasing, enlarging and extending the corporate limits of the City of Hawkinsville, Georgia, and for the purpose of annexing into the city limits of Hawkinsville, Georgia, additional territory, and for other purposes. 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. 27, 1961 and Jan. 3 and 10, 1962. /s/ R. C. Massee, Representative, Pulaski County.
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Sworn to and subscribed before me, this 23rd day of January, 1962. /s/ Patricia Anne Bowen, Notary Public. Approved March 9, 1962. CIVIL AND CRIMINAL COURT OF DEKALB COUNTYJURISDICTION. No. 1017 (House Bill No. 1250). An Act to amend an Act approved February 14, 1951, creating and establishing the Civil Criminal Court of DeKalb County and all Acts amendatory thereto to provide for the jurisdiction of said court; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That section 1 of the Acts of 1956 (page 2766) be amended by striking said section in its entirety and the following being inserted in lieu thereof, said section to read as follows: Be it further enacted by the authority of foresaid, that the Civil and Criminal Court of DeKalb County shall have all the jurisdiction as to subject matter now exercised by justices of the peace and justice courts in Georgia throughout DeKalb County. In addition thereto said court shall have jurisdiction to try and dispose of all civil and misdemeanor cases regardless of their nature, except cases of injury to the person or to the reputation concurrent with the superior courts, including not only such suits as are commenced by petition and process or summons, but also all other kinds of suits or proceedings which are now or may hereafter be in use in the superior court of this county or justice courts, either under the common law or by
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statute, of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia, and except extraordinary remedies as are defined in Chapters 64-101, 64-102, and 64-103 of the code of Georgia of 1933, and habeas corpus proceedings, and the practice and procedure shall be and remain the same as that now in vogue in the justice courts of Georgia, except as otherwise herein provided. Section 2. 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. Severability. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Notice to Apply for Local Legislation. An Act to amend an Act approved February 14, 1951, (Ga. L. 1951, p. 2401), creating the Civil Court of DeKalb County, and Acts amendatory thereto, to provide for the jurisdiction of said court and cost in said court, procedure of said court and salaries of the officers and certain employees of said court, and for other purposes. J. Oscar Mitchell, Judge Civil Criminal Court of DeKalb County. 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
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as required by law; said dates of publication being January 4, January 11, and January 18, 1962. The DeKalb New Era /s/ W. H. McWhorter, Managing-Editor Sworn to and subscribed before me, this 19th day of January, 1962. /s/ Caroll Wheeler, Notary Public, Georgia, State at Large. My Commission expires March 23, 1963. (Seal). Approved March 9, 1962.
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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 JAMES LEE PERRY Law Assistant F. MILBURN CLYBURN 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. BROADDUS ESTES Sheriff COURT OF APPEALS OF GEORGIA JULE W. FELTON Chief Judge IRA CARLISLE Presiding Judge H. E. NICHOLS Presiding Judge JOHN SAMMONS BELL Judge JOHN E. FRANKUM Judge ROBERT H. JORDAN Judge ROBERT H. HALL Judge HOMER C. EBERHARDT Judge ROBERT L. RUSSELL, JR. Judge CHARLES N. HOOPER 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 CHARLES J. DRIEBE Law Assistant MISS ALFREDDA SCOBEY Law Assistant MORGAN THOMAS Clerk RALPH E. CARLISLE Deputy Clerk ARTHUR H. CODINGTON Reporter GEORGE H. RICHTER Assistant Reporter CHARLES W. BALDWIN Sheriff
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SUPERIOR COURT CALENDAR FOR 1962 JUDGES, SOLICITORS, AND CALENDAR ALAPAHA CIRCUIT. HON. H. W. LOTT, Judge, P. O. Box 7, 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, STONEWALL H. DYER, RALPH PHARR, GEORGE P. WHITMAN, SR., SAM P. McKENZIE, 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.
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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, 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 second Monday in November. GilmerThird Monday in May; fourth Monday in October. PickensFirst Monday in April, and fourth Monday in September.
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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 and second Mondays in March, June, and December; fourth Monday in September; first Monday in October. WayneThird and fourth Mondays in April and November. CHATTAHOOCHEE CIRCUIT. HONS. J. ALVAN DAVIS, J. R. THOMPSON, Judges, Columbus. JOHN H. LAND, Solicitor-General, Columbus. ChattahoocheeFourth Mondays in March and September. HarrisSecond Mondays in January, May and September. (Eff. May 14, 1962). 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, 510 Fairview Dr., 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.
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CLAYTON CIRCUIT. HON. HAROLD R. BANKE, Judge, Rt. 1, Forest Park. D. M. JOHNSON, Solicitor-General, 126 Bridge Ave., Forest Park. ClaytonFirst Mondays in February, May, August and November. COBB CIRCUIT. HON. JAMES T. MANNING, Marietta; ALBERT J. HENDERSON, JR., 107 Hemlock Dr., Marietta, Judges. LUTHER C. HAMES, JR., Solicitor-General, P. O. Box 152, Marietta. CobbSecond 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, Hillcrest Dr., 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.
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DUBLIN CIRCUIT. HON. HAROLD E. WARD, Judge, 402 Roberson St., Dublin. W. W. LARSEN, JR., Solicitor-General, 111 Country Club Rd., 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, JR., 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.
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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; W. D. AULTMAN, Byron; 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.
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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.
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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. DodgeThird Mondays in February, 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.
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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, Macon Rd., Americus. STEPHEN PACE, JR., Solicitor-General, 131 N. Hill St., 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 Mondays in August and November. Paulding: Second Monday in April; fourth Monday in July; third 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, and third Monday in January. WarrenThird Monday in January and first Mondays in April, July and October. WilkesFirst Mondays in February, May, August, and November. WAYCROSS CIRCUIT. HON. BEN A. HODGES, Judge, Waycross. 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.
Page 3245
INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION. Americus-Sumter Payroll Development Authority 933 Atlanta, City of; revenue bonds 1002 Authority of counties and municipalities to borrow money 801 Bacon Industrial Building Authority 849 Banks County Industrial Building Authority 939 Barrow County Industrial Building Authority 1027 Berrien County Industrial Building Authority 819 Bibb County; authority to construct, etc. streets, etc. 1112 Brooks County-City of QuitmanMerger of school systems 827 Brooks County Development Authority 1138 Brunswick and Glynn County Development Authority 810 Burke County Development Authority 910 Cairo Development Authority 1200 Candler County Industrial Authority 922 Carrollton, City of; bonds for slum clearance, etc. 1088 Carrollton Payroll Development Authority 1135 Cartersville Development Authority 1021 Catoosa County; sewage districts 892 Cedartown Development Authority 888 Chatham County; fire protection districts 1129 Chatham County; industrial areas 915 Chatham County; taxation 1163 Chattahoochee County; school superintendent 1090 Clarkesville, City of; revenue bonds for nonprofit housing 1149 Clarkesville Industrial Building Authority 898 Cobb County Board of Education 971 Cochran-Bleckly County; merger of school systems 1170 Coffee County Board of Education 1052 Coffee County Recreational Authority 883 Darien, City of; closing and opening of streets 891 Dawson County Industrial Building Authority 1143 DeKalb County Board of Education 998 DeKalb County; junior college 982 DeKalb County; taxes, etc. on businesses operating buses 1133 Dodge County Development Authority 1151 Donalsonville and Seminole County Industrial Building Authority 1015 Dooly County; revenue bonds 803 Dougherty County; fire protection districts 1122 Douglas County; ordinances for policing county 969 Dublin and County of Laurens Development Authority 1160 Early County; tax exemptions for industry 808 Echols County Board of Education 793 Elbert County Board of Education 965 Elbert County; school superintendent 963 Elections; write-in candidates 1013
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Emanuel County Development Authority 758 Fayette County Board of Education 795 Fayette County Industrial Building Authority 957 Fitzgerald and Ben Hill Development Authority 1011 Franklin County Industrial Building Authority 1103 General Assembly; appropriations 752 General Assembly; meetings 750 Gilmer County Development Authority 1056 Glascock County; revenue bonds 1065 Gordon County; revenue bonds 988 Gordon County; tax to encourage industry 990 Governor's Veto 790 Greene County Development Authority 985 Griffin Industrial Building Authority 945 Grants to certain counties 1078 Gwinnett County Building Authority 927 Habersham County Board of Education 747 Hall County; construction, etc., of sanitary sewers 1042 Hall County; construction, repair, etc. of streets 980 Hall County; ordinances for policing county 1044 Hall County; storm sewers, etc. 1063 Harris County; funds for tax equalization program 1190 Industry and Trade, Department of 1192 Jenkins County Development Authority 1109 Johnson County Development Authority 780 Kingsland Development Authority 813 Laurens County Board of Education 1168 Laurens County; justice courts 1185 Laurens County; school superintendent 1166 Louisville, City of; tax to promote industry 856 Lumpkin County Industrial Building Authority 1095 Macon-Bibb County; industrial development 885 Macon County Board of Education 1194 Macon County Industrial Building Authority 770 Madison County Industrial Development Authority 951 Mitchell County Development Authority 761 Morgan County Development Authority 1182 Mt. Zion, Turkey Creek and Flint Corner Development Authority 1126 Muscogee County; funds to promote industry 840 Muscogee County; revenue bonds 999 Oconee County Industrial Development Authority 871 Oglethorpe Development Authority 1188 Paulding County Industrial Building Authority 1176 Payment for first commercial oil well 1009 Peach County Board of Education 825 Peachtree City Industrial Building Authority 1033 Perry Industrial Building Authority 1082 Putnam County Board of Education 776 Putnam County; compensation of tax collector and receiver 1101 Rabun County Industrial Building Authority 865
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Randolph County Development Authority 834 Revenue Bonds for Slum Clearance, etc. 1005 Richmond County; group insurance for employees 778 Rockdale County-Conyers Water Authority 768 Rockdale County Industrial Building Authority 992 Rome-Floyd County Development Authority 1067 Schley County Development Authority 787 Scholarships and Loans to Medical Students 1039 Screven County Development Authority 1079 Slum Clearance and Redevelopment Programs by Counties 806 Smyrna, City of; homestead exemptions 977 Stephens County Development Authority 877 Stewart County; natural gas system 864 Tax by counties for public transportation 1114 Taxation for School Lunch Purposes 978 Thomson-McDuffie County Industrial Authority 755 Vidalia, City of; tax for support of Vidalia Development Authority 1131 Walker County Development Authority 912 Walton Industrial Building Authority 904 Washington County Board of Education 842 Washington Wilkes Payroll Development Authority 847 Waycross, City of; tax to encourage new industry 1158 Wayne County; county administrator 1118 Wayne County; recall of officers 895 Wayne County; sheriff's duties 1117 Wheeler County; school superintendent 844 White County Industrial Building Authority 1046 Wilcox County Board of Education 1092 Wilkes County; fire prevention districts 798 CODE SECTIONS. 3-202AmendedPending litigation defined 659 3-705, 3-706, 3-711AmendedUniform Commercial Code 156 3-808AmendedUniform Commercial Code 156 8-117AmendedAttachment 520 8-206, 8-207, 8-208, 8-209RepealedUniform Commercial Code 156 8-503, 8-505AmendedGarnishment 717 8-601AmendedAttachment 520 8-603RepealedAttachment 520 12-405RepealedUniform Commercial Code 156 12-601 Through 12-610RepealedUniform Commercial Code 156 13-2034, 13-2035, 13-2036RepealedUniform Commercial Code 156 13-2040, 13-2044, 13-2050RepealedUniform Commercial Code 156 13-9933AmendedWorthless Checks 593 Title 14RepealedUniform Commercial Code 156 14-1801RepealedUniform Commercial Code 156 16-408AmendedBuilding and loan Act amended 464 18-324, 18-325RepealedUniform Commercial Code 156
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18-404, 18-405, 18-406, 18-407RepealedUniform Commercial Code 156 20-116AmendedUniform Commercial Code 156 20-209RepealedUniform Commercial Code 156 20-401(7)RepealedUniform Commercial Code 156 20-704(3)RepealedUniform Commercial Code 156 20-1106RepealedUniform Commercial Code 156 21-105AmendedCoroner's compensation in certain counties (11,300-11,650) 492 21-105AmendedCoroner's compensation in certain counties (34,100-34,300) 637 21-105AmendedCoroner's salaries in certain counties (500,000 or more) 466 22-706RepealedUniform Commercial Code 156 24-406AmendedJustice of the Peace elections 522 24-407RepealedJustices of the Peace 522 24-1414RepealedUniform Commercial Code 156 24-2104AmendedTransaction of business by ordinaries 519 24-2714AmendedRecording of instruments 639 24-2715AmendedIndex books in certain counties (34,364 - 47,100) 650 24-2715AmendedRecords 662 24-2728AmendedCost in certain superior courts 144 Chapter 25-1AmendedCredit unions 74 27-101AmendedRewards 693 27-103.1EnactedCriminal affidavits and warrants 668 27-104, 27-105AmendedCriminal affidavits and warrants 668 27-405AmendedTestimony of accused 453 28-203, 28-204, 28-205, 28-206RepealedUniform Commercial Code 156 29-301AmendedCovenants running with the land 540 29-405AmendedUniform Commercial Code 156 29-409AmendedUniform Commercial Code 156 29-413AmendedUniform Commercial Code 156 30-102AmendedDivorce 600 30-123AmendedDivorce 597 30-127AmendedCustody of children 713 32-909AmendedTransfer of school sites, etc. 654 34-1301AmendedElection precincts in certain counties (250,000 - 500,000) 468 34-1904AmendedElections 618 34-2001RepealedCampaign expenses 151 34-2002RepealedCampaign expenses 151 34-3212, 34-3213AmendedPrimary elections 1217 34-9907AmendedTestimony of participants 457 34-9920RepealedCampaign expenses 151 38-415AmendedTestimony of the accused 133 38-416AmendedTestimony of the accused 133 38-2111(a), 38-2113(a)AmendedDiscovery and depositions 684 39-123AmendedUniform Commercial Code 156 39-124RepealedUniform Commercial Code 156
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40-2002, 40-2003AmendedMileage allowance for State employees 710 40-2503AmendedEmployees' retirement 54 40-2505AmendedEmployees' retirement 54 40-2523AmendedEmployees' retirement 54 40-2525AmendedEmployees' retirement 54 Chapter 40-4AmendedBudget Act 17 46-105AmendedGarnishment 717 46-408EnactedGarnishment 717 46-601, 46-603AmendedGarnishment 717 49-102AmendedNatural guardian defined 97 49-204AmendedGuardian and ward 93 53-102AmendedMarriage 138 56-912AmendedInsurance Code 487 56-1018EnactedInvestments by insurers 664 56-1206AmendedAttorney fees 712 56-2504AmendedInsurance Code 487 58-608AmendedPublic drunkenness 656 59-108AmendedSelection of jurors 117 61-105AmendedLandlord and tenant 463 63-211, 63-212, 63-213, 63-214RepealedUniform Commercial Code 156 Chapter 67-1AmendedUniform Commercial Code 156 Chapter 67-11AmendedUniform Commercial Code 156 67-1107AmendedUniform Commercial Code 156 Chapter 67-13AmendedUniform Commercial Code 156 Chapter 67-14AmendedUniform Commercial Code 156 68-502AmendedMotor carrier defined 630 68-601AmendedFor hire defined 444 74-107AmendedCustody of children 713 75-111AmendedPartnership names 5 76-201AmendedPeace warrants 121 81-1001AmendedEffect of amendment 682 84-103EnactedState Examining Boards 539 84-905, 84-914AmendedMedical Examiners Act 611 Chapter 84-13AmendedBoard of Pharmacy 105 84-1501, 84-1504, 84-1505, 84-1506, 84-1508AmendedVeterinary Medicine 543 87-108, 87-109, 87-110, 87-111, 87-118RepealedUniform Commercial Code 156 91-804AAmendedSale of county-owned property 65 92-1401, 92-1403AmendedMotor Fuel Tax Law 646 92-3002AmendedCredits on income tax 703 92-3002AmendingProfessional associations 454 92-3111AmendedCredits on income tax 703 92-3113AmendedSitus of intangible property 455 92-3701AmendedReserves for improvements in certain counties (250,000 - 500,000) 495 92-3701AmendedSchool lunch programs 458 92-4101AmendedTax rate of City of Springfield 99 92-4101AmendedTown of Pooler 643
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92-4105AmendedMunicipal taxation 596 92-4611AmendedTax receivers and commissioners 533 92-4901AmendedTax Collectors 532 92-5301AmendedTax commissioners compensation in certain counties (47,000 - 49,000) 61 94-204RepealedUniform Commercial Code 156 Title 96RepealedUniform Commercial Code 156 99-602AmendedAssistance defined 683 102-108AmendedUniform Commercial Code 156 Chapter 109AEnactedCommercial Code 156 110-401AmendedDefault judgments 687 110-406RepealedDefault judgments 687 112-1AEnactedAgriculture 630 113-1206AmendedNonresident executors 613 113-1211AmendedAdministration of estates 122 113-2001AmendedCommissions of Administrators, etc. 610 114-602AmendedWorkmen's compensation 528 COURTS. SUPREME COURT. Justices' salaries, etc. 3 COURT OF APPEALS. Judges' salaries, etc. 3 SUPERIOR COURTS. Alapaha Circuit; compensation of solicitor-general 136 Assistant solicitors-general in certain circuits (100,000-105,000) 673 Brunswick Circuit; compensation of solicitor-general 451 Clerks' duties in certain counties (7,345-7,369) 2981 Clerks' index books in certain counties (46,364-47,100) 650 Clerks' records 662 Clerks' retirement Act amended 67 Cobb; salaries 130 Costs in certain courts (65,000 - 72,000) 144 Court reporters, contingent expense allowance 60 Coweta Circuit; judge's salary 722 Dodge; terms 494 Forsyth; terms 99 Harris; terms 538 Jeff Davis; terms 493 Judge Emeritus; duties, etc. 547 Judges' salaries 64 Jury commissioners in certain counties (3,600 - 4,500) 6 Laurens; salary of solicitor-general 139 Method of selecting jurors 117 Recording of instruments 639
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Recording of plats of survey 632 Tallapoosa Judicial Circuit; terms 665 Waycross Circuit; compensation of solicitor-general 663 Waycross Circuit; judges' supplement 127 CITY COURTS. Americus; judge's salary 2209 Americus; solicitor's salary 2212 Brunswick; deputy sheriffs, costs 2746 Columbus; salaries, assistant solicitor 2531 Colquitt; judge's salary 2413 Dublin; practice and procedure 2963 Elberton; method of paying solicitor 2883 LaGrange; abolished 3020 Lexington; abolished, referendum 3202 Waynesboro; judge's salary 2068 CIVIL AND CRIMINAL COURTS. DeKalb; jurisdiction 3227 Troup; established 3020 CIVIL COURTS. Fulton; judges' salaries 2610 CRIMINAL COURTS. Fulton; salaries of judges and solicitor 2291 JUVENILE COURTS. Clerks in certain counties (less than 50,000) 518 Glynn; compensation of judge 2267 Judges Pro Tempore 150 Judges' salaries in certain counties (200,00 or more), (250,000 - 350,000) 2380 Judges' salaries in certain counties (500,000 or more) 3080 MUNICIPAL COURTS. Columbus; salaries 2229 Savannah; costs 2298 COUNTIES AND COUNTY MATTERSNAMED COUNTIES. See also proposed amendments to the Constitution. Appling; salary of solicitor-general 451 Atkinson; salary of solicitor-general 136 Bacon; compensation of solicitor-general 663
Page 3252
Banks; meetings of commissioners of roads and revenues 2242 Bartow; compensation of coroner 2248 Berrien; salary of solicitor-general 136 Bibb; compensation of commissioners of roads and revenues 2430 Bibb; industrial authority 2323 Brantley; compensation of solicitor-general 663 Brooks; sheriff placed on fee basis 3155 Bulloch; assistants in office of superior court clerk 2136 Burke; compensation of commissioner of roads and revenues 2066 Burke; employees' pension system 2063 Butts; compensation of board of commissioners and clerk 2138 Butts; coroner placed on salary basis 2135 Butts; treasurer's salary 2141 Camden; salaries of county officers 2105 Camden; salary of solicitor-general 451 Carroll; compensation of commissioners of roads and revenues and clerk 2734 Carroll; salary of judge of superior court 722 Charlton; compensation of solicitor-general 663 Charlton; fire-protection district 2880 Charlton; meetings of commissioners of roads and revenues 3210 Chatham; fire protection districts 2835 Chatham; land for spoilage purposes 2957 Chatham; retirement of employees 2962 Chattahoochee; pensions for employees 3041 Cherokee; election of members of General Assembly 3134 Clayton; fire prevention districts 2257 Clinch; salary of solicitor-general 136 Cobb; Act placing officers on salary basis amended 3218 Cobb; compensation of commissioner and deputy commissioner of roads and revenues 3149 Cobb; compensation of coroner 2437 Cobb; office of tax commissioner 2350 Cobb; records and identification bureau 2574 Cobb; salaries of judges, etc. of superior court 130 Cobb; treasurer's compensation 3145 Coffee; clerical assistance for ordinary 2367 Coffee; compensation of solicitor-general 663 Cook; land conveyance authorized 575 Cook; salary of solicitor-general 136 Coweta; pension and retirement Act amended 2401 Coweta; salary of judge of superior court 722 Dade; clerical help for tax commissioner 2689 Dade; travel expense of commissioner of roads and revenues 2967 DeKalb; bond commission created 2377 DeKalb; board of education 2445 DeKalb; pension board 3088 DeKalb; water works advisory board abolished 2873 Dodge; terms of superior court 494 Dougherty; compensation of employees, of sheriff, ordinary, and clerk of superior court 2371
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Dougherty; payroll development authority Act amended 2778 Douglas; compensation of coroner 3201 Early; compensation of commissioners of roads and revenues 2631 Echols; salary of clerk to board of commissioners 2738 Elbert; commissioners of roads and revenues 2319 Elbert; compensation of clerk of superior court 2399 Emanuel; commissioners of roads and revenues, referendum 2359 Fannin; compensation of commissioner and clerk 2149 Floyd; purchasing agent, etc. 3152 Fulton; alternate pension plan for board of education 2948 Fulton; board of education pension Act amended 3013 Fulton; court study commission 2455 Fulton; vacancies on board of commissioners of roads and revenues 3183 Glynn; additional deputy sheriff and jailer 2740 Glynn; annual audits 3043 Glynn; authority of board of education 3045 Glynn; compensation of juvenile court judge 2267 Glynn; salary of solicitor-general 451 Gwinnett; use of slot machines, referendum 2364 Hall; land conveyance authorized 483 Haralson; expense account of treasurer 3136 Haralson; terms of superior court 665 Harris; clerical help for clerk of superior court 3127 Harris; compensation of deputy sheriffs 2235 Harris; terms of superior court 538 Hart; board of finance 2479 Heard; salary of judge of superior court 722 Jackson; compensation of commissioners of roads and revenues 3000 Jeff Davis; salary of solicitor-general 451 Jeff Davis; terms of superior court 493 Lamar; law books 2670 Lanier; salary of solicitor-general 136 Laurens; office of treasurer abolished, referendum 3052 Laurens; voting machines 2968 Lee; law books 2459 Lincoln; commissioners of roads and revenues 2685 Lincoln; treasurer's salary 3036 Long; compensation of tax collector 2073 McDuffie; industrial development authority 2120 Marion; compensation of tax commissioner 2411 Marion; salaries of commissioners of roads and revenues 2879 Meriwether; salary of judge of superior court 722 Monroe; clerical help for tax commissioner 2671 Muscogee; compensation of ordinary 2288 Muscogee; compensation of sheriff 2274 Muscogee; compensation of tax commissioner 2269 Muscogee; county board of commissioners Act, referendum 2164 Muscogee; pension system Act amended 3017 Muscogee; salary of superior court clerk 2189 Paulding; clerical help for tax commissioner 3213
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Paulding; commissioner of roads and revenues 3059 Paulding; compensation of coroner 3160 Paulding; county depository 2420 Paulding; office of treasurer abolished 2615 Paulding; terms of superior court 665 Pickens; compensation of commissioner and clerk 2151 Pierce; compensation of solicitor-general 663 Polk; terms of county commissioners, etc. 2128 Putnam; office of tax commissioner, referendum 3048 Putnam; officers placed on salary basis, referendum 2440 Richmond; board of tax assessors review 3172 Richmond; land conveyance 438 Rockdale; confinement of minors in private institutions 3170 Rockdale; county advisors 2312 Spalding; treasurer placed on salary 3068 Sumter; compensation of commissioners of roads and revenues 2255 Sumter; compensation of ordinary 2246 Sumter; compensation of tax commissioner 2237 Sumter; compensation of treasurer 2535 Sumter; salary of clerk of superior court 2691 Talbot; compensation of tax commissioner 2776 Troup; officers placed on salary basis 2093 Troup; rules of board of commissioners 2226 Troup; salary of judge of superior court 722 Ware; compensation of solicitor-general 663 Warren; compensation of commissioner and clerk 2277 Warren; treasurer's salary 2187 Washington; terms of commissioners of roads and revenues 2453 Wayne; commissioners of roads and revenues, referendum 3110 Wayne; salary of solicitor-general 451 White; terms of commissioners of roads and revenues 2386 Whitfield; advisory board to commissioner of roads and revenues 2642 Whitfield; removal of commissioner of roads and revenues 2239 Wilkes; payroll development authority 2635 COUNTIES AND COUNTY MATTERSBY POPULATION. Population Bracket Less than 50,000Clerks of juvenile courts 518 500-2,000Fishing on Sabbath 2344 3,000-3,254Clerks' of commissioners salaries 3081 3,000-3,254Tax commissioners' compensation 3081 3,600-4,500Jury commissioners 6 4,540-4,550Compensation of boards of education 3122 4,540-4,550Compensation of tax receivers and tax collectors 2238 6,500-6,530Trial of traffic cases in courts of ordinary 3146 6,515-6,650Fishing on Sabbath 2344 6,910-6,950Compensation of ordinaries 2226 7,100-7,3201957 Act amended as to traffic cases, no longer applicable to such counties 3146
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7,345-7,369Duties of clerk of superior court, referendum 2981 10,140-10,150Fishing on Sabbath 2344 11,300-11,650Coroner's compensation 492 14,500-14,900Used Car Dealers' Registration Act 115 18,000-18,100Small Claims Courts Act amended 2265 19,500-19,700Small Claims Courts Act amended 2182 22,700-23,000No stenographers for grand juries 2287 22,800-23,200Licensing of pinball machines, etc. 2370 31,050-33,0501957 Act providing for hours of holding elections repealed 2964 33,300-34,056Act creating small claims courts amended 3195 34,100-34,300Coroners' compensation 637 34,225-34,500Small Claims Courts Act amended 2425 46,000-47,000Stenographers for grand juries 2287 46,364-47,100Superior Court clerks' index books 650 47,000-49,000Compensation of tax commissioners 61 65,000-72,000Costs in superior courts 144 145,000-185,000Emeritus department heads 2954 200,000 or moreAct fixing salaries of juvenile court judges repealed 2380 250,000-350,000Salaries of judges of juvenile courts 2380 250,000-500,000Election precincts 468 250,000-500,000Reserves for public improvements 495 250,000-500,000Tax collection study commissions 3168 300,000 or moreSalaries of assistant solicitors of traffic courts 2218 500,000 or moreCoroners' salaries 466 500,000 or moreEmeritus positions 2987 500,000 or moreSalaries of Juvenile Court judges 3080 COUNTIES AND COUNTY MATTERSBY POPULATION OF CITIES. Population Bracket 9,000 or moreRecording of plats of survey 632 300,000 or moreCompensation of joint boards of tax assessors 3162 MUNICIPAL CORPORATIONSNAMED CITIES. See also proposed amendments to the Constitution. Adel; corporate limits 2711 Albany; ad valorem tax rate 2315 Albany; corporate limits, wards, police limits 2782 Albany; payroll development authority Act amended 2778 Albany; salaries of mayor and commissioners 2205 Allentown; charter amended 2845 Americus; corporate limits 2755 Americus; land conveyance 572 Ashburn; authority to close street 2250 Athens; absentee ballots 2674 Athens; authority to close streets 2672
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Athens; corporate limits, wards, referendum 2677 Athens; eminent domain 2849 Athens; public transportation system, referendum 2751 Atlanta; authority to close streets 2743 Atlanta; corporate limits 2192, 2871, 3128, 3165 Atlanta; court study commission 2455 Atlanta; creation of emeritus offices 3185 Atlanta; election study commission 3007 Atlanta; qualifications of mayor 2503 Atlanta; punishment for violations of ordinances 2317 Atlanta; tax executions 2357 Atlanta; tax for parks department 2481 Atlanta; use of school buildings for elections 3184 Atlanta; use of tax funds 2597 Augusta; board of tax assessors review 3172 Augusta; civil service commission 2628 Augusta; overhead passageway 2394 Austell; corporate limits 2388 Avera; charter amended 2698 Avondale Estates; corporate limits 3002 Barnesville; charter amended 2048 Blakely; charter amended 2056 Blakely; corporate limits 2059 Braselton; corporate limits 3207 Bremen; charter amended 2199 Brunswick; charter amended 2942 Camilla; corporate limits, referendum 2158 Cartersville; charter amended 2070 Cedartown; corporate limits 2215 Chatsworth; authority to close alley 2477 Chatsworth; corporate limits, referendum 2576 College Park; corporate limits, referendum 2592, 3084 College Park; elections of mayor, etc., referendum 2599 Columbus; board of managers of city hospital 2207 Columbus; county board of commissioners Act, referendums 2164 Columbus; dates for holding general elections 2201 Columbus; executive board emeritus 2451 Columbus; land conveyance authorized 434 Columbus; restrictions on south commons removed 2196 Columbus; tax rate 2417 Commerce; charter amended 2280 Commerce; corporate limits 2617 Commerce; corporate limits, referendum 2624 Covington; city manager, referendum 3072 Covington; new charter 2003 Dalton; authority over streets, etc. 3215 Dawson; charter amended, referendum 3186 Dawson; corporate limits, referendum, charter amended 2537 Decatur; recorder pro tem. 2959 Douglas; charter amended 2261 Dudley; charter amended, referendum 2528
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East Point; authority to convey land 2607 East Point; charter amended 2857 East Point; corporate limits 3082, 3163, 3180 East Point; corporate limits, referendum 2473, 2854, 2861, 3130 East Point; employees' retirement, etc. 2865 East Point; municipal court 2859 Eastman; corporate limits 2773 Fitzgerald; corporate limits 2143 Flowery Branch; terms of mayor and aldermen 2960 Forest Park; charter amended 2934 Fort Oglethorpe; corporate limits 2589 Gainesville; corporate limits 2309 Gordon; corporate limits 3056 Griffin; corporate limits 2293 Hampton; assessments for water and sewer lines 2927 Hapeville; charter amended 2983 Hawkinsville; corporate limits 3223, 3225 Hogansville; charter amended 2088 Hoschton; corporate limits 3209 Ila; terms, etc. of mayor and councilmen 3065 Jefferson; corporate limits, referendum 2620 Kennesaw; corporate limits 2545 Kingsland; hours of holding elections 2108 Kingsland; public utilities 2097 Lake City; charter amended 2585 Leesburg; corporate limits 2703 Lawrenceville; elections 2833 Locust Grove; charter amended 2930 Locust Grove; corporate limits, referendum 2403 McIntyre; corporate limits, referendum 2847 Macon; action in abandoning alley confirmed 2374 Macon; charter amended 2329, 2815, 2820 Macon; corporate limits 2824 Macon; elections 2829 Macon; group insurance for employees 2353 Macon; industrial authority 2323 Manchester; chairman of commission, referendum 2422 Manchester; charter amended, referendum 2613 Manchester; city government, referendum 2244 Manchester; corporate limits 2750 Manchester; corporate limits, referendum 2603 Manchester; group insurance for employees, referendum 2396 Marietta; charter amended 2110 Morrow; charter amended 2304 Martinez; chartered, referendum 2713 Milner; authority to close streets 2045 Monroe; capital improvements from utility receipts 2428 Newnan; authority to close certain streets 2382 Palmetto; elections 2851 Pooler; ad valorem taxes 643 Pooler; corporate limits 2704
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Pooler; tax rate, referendum 2707 Quitman; new charter 2894 Reidsville; corporate limits 2888 Reynolds; hours of holding elections 2632 Richmond Hill; chartered, referendum 2505 Riverdale; charter amended 2345 Rochelle; new charter 2791 Rome; corporate limits 2218 Rome; public transportation 2415 Rossville; charter amended 3156 Roswell; charter amended 3204 St. Marys; authority to close named streets 2101 St. Marys; hours of holding elections 2104 Screven; charter amended 2875 Shellman; corporate limits 2438 Smyrna; charter amended 2550 Springfield; Code 92-4101 through 92-4104 not applicable 99 Stapleton; land conveyance 565 Temple; name changed to City of Temple 2737 Tennille; corporate limits, referendum 3038 Thomaston; charter amended, referendum 2074 Thomaston; corporate limits 2693 Thomasville; insurance for board of education employees 2301 Thomson; industrial development authority 2120 Thunderbolt; corporate limits 2955 Tifton; charter amended 2336 Unadilla; authority to abandon described alley 2432 Vidalia; charter amended 2581 Wadley; charter amended 2483 Warner Robins; charter amended 2152 Warrenton; corporate limits 2040 Washington; charter amended 2203 Washington; payroll development authority 2635 Watkinsville; elections 2435 Waycross; corporate limits 2041 West Point; authority to convey certain land 3123 West Point; group insurance 2406 White; name changed from Town of White, charter amended 2988 Wrightsville; charter amended 2885 MUNICIPAL CORPORATIONSBY POPULATION. Population Bracket 150,000 or moreEmployees' retirement system Act amended 2893, 2965, 3011, 3015, 3071, 3138, 3140 150,000 or morePension system for fire departments amended 3194 150,000 or morePension system for police departments amended 3193 RESOLUTIONS AUTHORIZING COMPENSATION. Compensation to Albert G. Allen 2462 Compensation to John Russell Allison 2669
Page 3259
Compensation to Ballentine Motors of Augusta, Inc. 2465 Compensation to Mrs. Blanche Carpenter 2653 Compensation to Derst Baking Co. 2471 Compensation to Fred Dial 2652 Compensation to Lester B. Fallin 2467 Compensation to Mr. and Mrs. Mark Fitzpatrick 2469 Compensation to Georgia Cigar and Tobacco Co. 3010 Compensation to Wise C. Gunnels 2663 Compensation to Grady Haggard 2664 Compensation to Hall Sons Milling Co., Inc. 2649 Compensation to Carl S. Hopkins 2455 Compensation to Melvin Hubbard 2460 Compensation to Dr. Ben Ingram 2662 Compensation to Wanda Jones 2645 Compensation to H. S. Mahan, Jr. 2457 Compensation to Cohen Martin 2458 Compensation to Ralph Mathis 2464 Compensation to R. P. Packard 2655 Compensation to Henry A. Pendley 2654 Compensation to E. Clyde Perkins 2665 Compensation to Mrs. Jim Pollard 2656 Compensation to Rev. E. K. Rice 2647 Compensation to Ernest Paul Rundles 2668 Compensation to W. O. Reed, Jr. 2657 Compensation to E. O. Sams 2466 Compensation to Mrs. Mary W. Screws 2667 Compensation to Mrs. Mary L. Scogin 2472 Compensation to Bernard Smith 2653 Compensation to Vernon Strickland 3009 Compensation to Amy Taylor 2659 Compensation to J. C. Taylor 2658 Compensation to John Lewis Taylor 2659 Compensation to Tommy Lee Taylor 2661 Compensation to M. A. Teal 2456 Compensation to Watkins C. White 2650 Compensation to J. D. Williams 2461 Compensation to James Vester Yeomans 2463 RESOLUTIONS AUTHORIZING LAND CONVEYANCES. City of Americus 572 City of Columbus 434 Cook County 575 Hall County 483 Liberty Independent Troop Corporation 436 Richmond County 438 Town of Stapleton 565 Tugaloo River Islands 578
Page 3260
MISCELLANEOUS RESOLUTIONS. Budget Study Committee 582 City of Atlanta election study commission 3007 Reed Bingham State Park and Lake designated 479 Busts honoring four chief justices 562 Commending State Employees 586 Criminal Law Study Committee 566 Election Laws Study Committee 584 Georgia Housing Administration Committee 590 Gordonia Alatamaha State Park 480 Governor's Mansion Advisory Committee 441 Monument to honor Button Gwinnett 579 Health Code Study Committee 587 Law books to Lamar County 2670 Law books to Lee County 2459 Mansion Sites Commission 577 Metropolitan Atlanta transit study commission 2648 Monument at Vicksburg National Military Park 443 Monument to honor last Confederate veteran 561 Municipal Study Committee 569 General James Edward Oglethorpe Bridge designated 560 Perimeter road around Okefenokee Swamp 564 Police Week and Peace Officers Memorial Day designated 588 Retirement System Study Committee 558 School Bus Drivers' Retirement Study Committee 568 S. Ernest Vandiver Causeway named 69 Wesleyan Conservatory property, acquisition 581 Youth Study Committee 482
Page 3261
INDEX A ACCIDENT VICTIMS No civil Liability for those giving aid 534 ADEL, CITY OF Corporate limits 2711 ADMINISTRATION OF ESTATES Applications of letters, contents 122 ADMISSION OF STUDENTS University system, 1959 Act repealed 528 ADOPTIONS Notice of hearings 524 ADVERTISING False advertising a crime 129 AGRICULTURE See also Commissioner of Agriculture. Dealers in pecan nuts 127 Fertilizer Act of 1960 amended 125 Licensing and bonding of dealers 636 Moisture testing equipment 631 Name of Soil Conservation Districts Law changed 116 Sale of grains 630 Tobacco Boards of Trade 102 ALBANY, CITY OF Ad valorem tax rate 2315 Corporate limits, wards, police limits 2782 Payroll development authority Act amended 2778 Salaries of mayor and commissioners 2205 ALBANY DOUGHERTY COUNTY PAYROLL DEVELOPMENT Cost of project defined 2778 ALLEN, ALBERT G. Compensation for damages 2462
Page 3262
ALLENTOWN, CITY OF Charter amended 2845 ALLISON, JOHN RUSSELL Compensation for damages 2669 AMERICUS, CITY COURT OF Judge's salary 2209 Solicitor's salary 2212 AMERICUS, CITY OF Corporate limits 2755 Land conveyance authorized 572 AMERICUS-SUMTER PAYROLL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 933 APPLING COUNTY Salary of solicitor-general 451 APPROPRIATIONS Budget Act enacted 17 Budget Bureau 132 Department of Commerce 622 Department of Labor 616 Funds to municipalities 641 Motor vehicles certificate of title Act 446 Procedure, etc., proposed amendment to the Constitution 752 Tax equalization programs 614 Ty Cobb Baseball Memorial Commission 674 Wesleyan Conservatory property 445 ASHBURN, CITY OF Authority to close street 2250 ATHENS, CITY OF Absentee ballots 2674 Authority to close streets 2672 Corporate limits, wards, referendum 2677 Eminent domain 2849 Public transportation system, referendum 2751
Page 3263
ATKINSON COUNTY Salary of solicitor-general 136 ATLANTA, CITY OF Authority to close streets 2743 Court study commission extended 2455 Corporate limits 2192, 2871, 3128, 3165 Creation of emeritus offices 3185 Election study commission 3007 Punishment for violations of ordinances 2317 Qualifications of mayor 2503 Revenue bonds, proposed amendment to the Constitution 1002 Tax executions 2357 Tax for parks department 2481 Use of school buildings for elections 3184 Use of tax funds 2597 ATTACHMENT Procedure 520 ATTORNEY GENERAL Emeritus compensation, etc. 602 Representative of charitable trusts 527 AUGUSTA, CITY OF Board of tax assessors review 3172 Civil service commission 2628 Overhead passageway 2394 AUSTELL, CITY OF Corporate limits 2388 AUTHORITIES See name of Authority. AUTOMOBILE MILEAGE ALLOWANCE State employees 710 AVERA, TOWN OF Charter amended 2698 AVONDALE ESTATES, CITY OF Corporate limits 3002
Page 3264
B BACON COUNTY Compensation of solicitor-general 663 BACON INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 849 BALLENTINE MOTORS OF AUGUSTA, INC. Compensation for damages 2465 BANK DEPOSITS AND COLLECTIONS Uniform Commercial Code 156 BANKS AND BANKING Notaries public 104 Stock in small business investment companies 95 BANKS COUNTY Meetings of commissioners of roads and revenues 2242 BANKS COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 939 BARNESVILLE, CITY OF Charter amended 2048 BARTOW COUNTY Compensation of coroner 2248 BARROW COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1027 BASKET FISHING Regulated 477 BEN HILL COUNTY Fitzgerald and Ben Hill Development, proposed amendment to the Constitution 1011 BERRIEN COUNTY Salary of solicitor-general 136
Page 3265
BERRIEN COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 819 BIBB COUNTY Authority to construct, etc. streets, proposed amendment to the Constitution 1112 Compensation of commissioners of roads and revenues 2430 Industrial authority 2323 Industrial development, proposed amendment to the Constitution 885 BIBLES Suspension of sales tax ratified 585 BILLS OF LADING Uniform Commercial Code 156 BINGHAM, REED State Park and Lake named 479 BLAKELY, CITY OF Charter amended 2056 Corporate limits 2059 BLECKLEY COUNTY Merger of school system, proposed amendment to the Constitution 1170 BLECKLEY, LOGAN E. Bust honoring 562 BOARD OF PHYSICAL THERAPY Created 633 BOATING Cash bonds in criminal cases 530 BONDS Cash bonds, game, fish and boating cases 530 Self insurers under Workmen's Compensation Act 528 State employees 644
Page 3266
BRANTLEY COUNTY Compensation of solicitor-general 663 BRASELTON, TOWN OF Corporate limits 3207 BREMEN, CITY OF Charter amended 2199 BROOKS COUNTY Merger of school systems, proposed amendment to the Constitution 827 Sheriff placed on fee basis 3155 BROOKS COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1139 BRUNSWICK, CITY OF Charter amended 2942 BRUNSWICK, CITY COURT OF Deputy sheriffs, costs 2746 BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 810 BRUNSWICK JUDICIAL CIRCUIT Compensation of solicitor-general 451 BUDGET ACT Enacted 17 BUDGET BUREAU Appropriation 132 BUDGET STUDY COMMITTEE Created 582 BUILDING AND LOAN ACT Act amended 464
Page 3267
BUILDING AND LOAN ASSOCIATIONS Like associations 624 BULK TRANSFERS Uniform Commercial Code 156 BULLOCH COUNTY Assistants in office of superior court clerk 2136 BURKE COUNTY Compensation of commissioner of roads and revenues 2066 Employees' pension system 2063 BURKE COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 910 BUTTS COUNTY Compensation of board of commissioners and clerk 2138 Coroner placed on salary basis 2135 Treasurer's salary 2141 C CAIRO DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1200 CAMDEN COUNTY Salaries of county officers 2105 Salary of solicitor-general 451 CAMILLA, CITY OF Corporate limits, referendum 2158 CAMPAIGN EXPENSES Publication, Act repealed 151 CANDLER COUNTY INDUSTRIAL AUTHORITY Created, proposed amendment to the Constitution 922 CARPENTER, MRS. BLANCHE Compensation for damages 2653
Page 3268
CARROLL COUNTY Compensation of commissioner of roads and revenues and clerk 2734 Mt. Zion, Turkey Creek and Flint Corner Development Authority, proposed amendment to the Constitution 1126 Superior court judge's salary 722 CARROLLTON, CITY OF Bonds for slum clearance, etc., proposed amendment to the Constitution 1088 CARROLLTON PAYROLL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1135 CARTERSVILLE, CITY OF Charter amended 2070 CARTERSVILLE DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1021 CATOOSA COUNTY Sewage districts, proposed amendment to the Constitution 892 CATTLE THIEVES Rewards 693 CEDARTOWN, CITY OF Corporate limits 2215 CEDARTOWN DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 888 CERTIFICATE OF TITLE ACT Amended 79 CHARITABLE ORGANIZATIONS Professional Fund Raising 496 CHARITABLE TRUSTS Legal representatives of beneficiaries 527
Page 3269
CHARLTON COUNTY Compensation of solicitor-general 663 Fire protection district 2880 Meetings of commissioners of roads and revenues 3210 CHATHAM COUNTY Fire protection districts 2835 Fire protection districts, proposed amendment to the Constitution 1129 Industrial areas, proposed amendment to the Constitution 915 Land for spoilage purposes 2957 Retirement of employees 2962 Taxation, proposed amendment to the Constitution 1163 CHATSWORTH, CITY OF Authority to close alley 2477 Corporate limits, referendum 2576 CHATTAHOOCHEE COUNTY Pensions for employees 3041 School superintendent, proposed amendment to the Constitution 1090 CHECKS Crimes, uttering worthless checks 593 Uniform Commercial Code 156 CHEROKEE COUNTY Election of members of General Assembly 3134 CHEROKEE INDIANS Acts repealed 154 CHIEF JUSTICES Busts honoring four chief justices 562 CHILDREN Custody in divorce cases 713 CITY COURT OF AMERICUS Judge's salary 2209 Solicitor's salary 2212
Page 3270
CITY COURT OF BRUNSWICK Deputy sheriffs, costs 2746 CITY COURT OF COLQUITT COUNTY Judge's salary 2413 CITY COURT OF COLUMBUS Salaries, assistant solicitor 2531 CITY COURT OF DUBLIN Practice and procedure 2963 CITY COURT OF ELBERTON Method of paying solicitor 2883 CITY COURT OF LAGRANGE Abolished 3020 CITY COURT OF LEXINGTON Abolished, referendum 3202 CITY COURT OF WAYNESBORO Judge's salary 2068 CIVIL AND CRIMINAL COURT OF DEKALB COUNTY Jurisdiction 3227 CIVIL AND CRIMINAL COURT OF TROUP COUNTY Established 3020 CIVIL COURT OF FULTON COUNTY Judges' salaries 2610 CIVIL DEFENSE ACT Emergency interim successors 469 Seat of State Government 475 Sites of government, etc. 473 CLARKESVILLE, CITY OF Revenue bonds for nonprofit housing, proposed amendment to the Constitution 1149
Page 3271
CLARKESVILLE INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 898 CLAYTON COUNTY Fire prevention districts 2257 CLINCH COUNTY Salary of solicitor-general 136 COBB COUNTY Act placing officers on salary basis amended 3218 Board of Education, proposed amendment to the Constitution 971 Compensation of commissioner and deputy commissioner of roads and revenues 3149 Compensation of coroner 2437 Office of tax commissioner 2350 Records and identification 2574 Salary of judges, etc. of superior court 130 Treasurer's compensation 3145 COBB JUDICIAL CIRCUIT Salaries 130 COCHRAN, CITY OF Merger of school system, proposed amendment to the Constitution 1170 COFFEE COUNTY Board of Education, proposed amendment to the Constitution 1052 Clerical assistance for ordinary 2367 Compensation of solicitor-general 663 COFFEE COUNTY RECREATIONAL AUTHORITY Created, proposed amendment to the Constitution 883 COLLEGE PARK, CITY OF Corporate limits, referendum 2592, 3084 Elections of mayor, etc., referendum 2599 COLQUITT COUNTY, CITY COURT OF Judge's salary 2413
Page 3272
COLUMBUS, CITY OF Board of managers of city hospital 2207 County board of commissioners Act, referendums 2164 Dates of holding general elections 2201 Executive board emeritus 2451 Land conveyance authorized 434 Restrictions on south commons removed 2196 Tax rate 2417 COLUMBUS, CITY COURT OF Salaries, assistant solicitor 2531 COLUMBUS, MUNICIPAL COURT OF Salaries 2229 COMMERCE, CITY OF Charter amended 2280 Corporate limits 2617 Corporate limits, referendum 2624 COMMERCE, DEPARTMENT OF Appropriation 622 Department of Industry and Trade 694 Department of Industry and Trade as successor, proposed amendment to the Constitution 1192 COMMERCIAL CODE Uniform Commercial Code 156 COMMERCIAL PAPER Uniform Commercial Code 156 COMMISSIONER OF AGRICULTURE Emeritus compensation, etc. 602 COMMISSIONER OF LABOR Emeritus compensation, etc. 602 COMMISSION ON AGING Created 604
Page 3273
COMMON CARRIERS For hire defined 444 Motor Carrier defined 630 COMPTROLLER GENERAL Emeritus compensation, etc. 602 CONFEDERATE VETERANS Monument at Vicksburg National Military Park 443 Monument to honor last Confederate veteran 561 CONSTITUTIONAL AMENDMENTS See also Tabular Index on page 3245. Method of certifying results 690 CONYERS, CITY OF Rockdale County-Conyers Water Authority, proposed amendment to the Constitution 768 COOK COUNTY Land conveyance authorized 575 Salary of solicitor-general 136 CORONERS Compensation in certain counties (11,300-11,650) 492 Compensation in certain counties (34,100-34,300) 637 Compensation in certain counties (500,000 or more) 466 CORPORATIONS Building and Loan Associations 624 Transfer of real property 516 CORRECTIONS, DEPARTMENT OF Employees' retirement system 146 CORRECTIONS, STATE BOARD OF Compensation of director 689 First offenders 699 Schools 652 Service with Board in repayment of Medical Scholarships, etc., proposed amendment to the Constitution 1039
Page 3274
COUNTIES See also Name of County and Tabular Index Counties and County Mattersby Population. Authority to borrow money, proposed amendment to the Constitution 801 Civil Defense Act amended 469, 472 Fund for property valuation programs 447 Grants to counties where State owns 20,000 or more acres of land, proposed amendment to the Constitution 1078 Membership in General Assembly as credit towards employee's retirement 595 Reserves for improvements in certain counties (250,000-500,000) 495 Sale of county owned property 65 Slum clearance programs, proposed amendment to the Constitution 806 Tax for public transportation systems, proposed amendment to the Constitution 1114 COUNTY OFFICERS See also Name of Office and Name of County. Qualifying fees 504 COURT OF APPEALS Judges' salaries, etc. 3 COURT REPORTERS Contingent expense allowance 60 CONVENANTS RUNNING WITH THE LAND Restrictions 540 COVINGTON, CITY OF City manager, referendum 3072 New charter 2003 COWETA COUNTY Pension and retirement Act amended 2401 Superior court judge's salary 722 COWETA JUDICIAL CIRCUIT Judge's salary 722 CREDIT UNIONS Code Chapter 25-1 amended 74
Page 3275
CRIMES Basket fishing 477 Demonstrations on or near State property 73 False advertising 129 Fishing on Sabbath in certain counties (500-2,000) (6,515-6,650), (10,140-10,150) 2344 Illegal night hunting, penalty 671 Manufacture, sale and use of fireworks 11 Payments to unions, etc. 448 Public drunkenness, punishment 656 Sale of muffler cutout, etc. 653 Use of radar and other timing devices 8 Uttering worthless checks, etc. 593 CRIMINAL COURT OF FULTON COUNTY Salaries of judges and solicitor 2291 CRIMINAL LAW STUDY COMMITTEE Expanded 566 CRIMINAL PROCEDURE Forms of affidavits and warrants 668 Testimony of the accused 133 Testimony of accused in courts of inquiry 453 Testimony of participants in election crimes 457 D DADE COUNTY Clerical help for tax commissioner 2689 Travel expense of commissioner of roads and revenues 2967 DALTON, CITY OF Authority over streets, etc. 3215 DARIEN, CITY OF Closing and opening of streets, etc., proposed amendment to the Constitution 891 DAWSON, CITY OF Charter amended, referendums 3186 Corporate limits, referendum, charter amended 2537
Page 3276
DAWSON COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1143 DECATUR, CITY OF Recorder pro tem. 2959 DEFAULT JUDGMENTS Procedure amended 687 DEKALB COUNTY Board of education 2445 Board of education; proposed amendment to the Constitution 998 Bond commission created 2377 Junior College, proposed amendment to the Constitution 982 Pension board 3088 Taxes on businesses operating buses, proposed amendment to the Constitution 1133 Water works advisory board abolished 2873 DEKALB COUNTY, CIVIL AND CRIMINAL COURT Jurisdiction 3227 DEPARTMENT OF LABOR Appropriation of funds 616 DEPARTMENT OF PUBLIC SAFETY Disability retirement of employees 152 DEPENDENTS Duty to support where trust, etc, funds available 623 DEPOSITIONS Procedure 684 DERST BAKING COMPANY Compensation for damages 2471 DIAL, FRED Compensation for damages 2652
Page 3277
DISCOVERY Procedure 684 DIVORCE Custody of children 713 Incurable insanity as ground 600 Procedure to remove disabilities 597 Trial of divorce cases 462 DODGE COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1151 DODGE COUNTY Terms of superior court 494 DONALSONVILLE AND SEMINOLE COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1015 DOOLY COUNTY Revenue bonds, proposed amendment to the Constitution 803 DOUGHERTY COUNTY Compensation of employees of sheriff, ordinary and clerk of superior court 2371 Fire protection districts, proposed amendment to the Constitution 1122 Payroll Development Authority Act amended 2778 DOUGLAS, CITY OF Charter amended 2261 DOUGLAS COUNTY Compensation of coroner 3201 Ordinances, proposed amendments to the Constitution 969 DRUNKENNESS, PUBLIC Punishment 656 DUBLIN AND COUNTY OF LAURENS DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1160
Page 3278
DUBLIN, CITY COURT OF Practice and procedure 2963 DUBLIN JUDICIAL CIRCUIT Salary of solicitor-general 139 DUDLEY, CITY OF Name changed from Town of Dudley, charter amended, referendum 2528 E EARLY COUNTY Compensation of commissioners of roads and revenues 2631 Tax exemption for industries, proposed amendment to the Constitution 808 EAST POINT, CITY OF Authority to convey land 2607 Charter amended 2857 Corporate limits 3082, 3163, 3180 Corporate limits, referendum 2473, 2854, 2861, 3130 Employees' retirement, etc. 2865 Municipal Court 2859 EASTMAN, CITY OF Corporate limits 2773 ECHOLS COUNTY Salary of clerk to board of commissioners 2738 Echols County Board of Educationproposed amendment to the Constitution 793 EDUCATION See also Names of Counties and Municipalities and Tabular Index dealing with population Acts. Financial assistance to certain school districts 71 Grants, 1961 Act amended 552 Minimum Foundation Act amended 9, 140 School bus drivers sick leave 670 School lunch programs, taxation, proposed amendment to the Constitution 978 Schools operated by Board of Corrections 652 Taxation for independent school systems (school lunch programs) 628 Taxes for school lunch programs 458 Transfer of school house sites 654
Page 3279
ELBERT COUNTY Commissioners of roads and revenues 2319 Compensation of clerk of superior court 2399 Election of Board of Education, proposed amendment to the Constitution 965 School superintendent, proposed amendment to the Constitution 963 ELBERTON, CITY COURT OF Method of paying solicitor 2883 ELECTION LAWS STUDY COMMITTEE Created 584 ELECTIONS Dates for holding primary elections 15 Hours of holding in certain counties (31,050-33,050), 1957 Act repealed 2964 Justice of the Peace 522 Methods of making write-in vote 98 Names on general election ballots 618 Precincts in certain counties (250,000-500,000) 468 Primary elections 1217 Primary Recount Law amended 678 Publication of campaign expenses 151 Qualifying fees 504 Testimony of participants in crimes 457 Write-in candidates, proposed amendment to the Constitution 1013 EMANUEL COUNTY Commissioners of roads and revenues, referendum 2359 EMANUEL COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 758 EMERGENCIES Aid to victims, relief from civil liability 534 EMERGENCY INTERIM SUCCESSORS Civil Defense Act amended 469 EMERITUS DEPARTMENT HEADS Authorized in certain counties (145,000-185,000) 2954 Requirements in certain counties (500,000 or more) 2987
Page 3280
EMERITUS OFFICERS Compensation, etc. of certain emeritus officers 602 EMINENT DOMAIN Special master Act amended 461 EMPLOYEES RETIREMENT ACT Re-establishment of membership 126 Credit for employees of Peace Officers Annuity and Benefit Fund 701 ESTATE INCOME Use for support 623 EXECUTIVE MANSION State Office Building Authority bond limit, etc. 660 EXECUTIVE REVISION OF ACTS Governors veto, proposed amendment to the Constitution 790 EXTRAORDINARY SESSION Primary elections 1217 Proclamations 1214, 1216, 1222 F FALLIN, LESTER B. Compensation for damages 2467 FALSE ADVERTISING Crime 129 FANNIN COUNTY Compensation of commissioner and clerk 2149 FAYETTE COUNTY BOARD OF EDUCATION Proposed amendment to the Constitution 795 FAYETTE COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 957
Page 3281
FERTILIZER ACT OF 1960 Penalties and reports 125 FIREARMS, ETC. Tax Act repealed as to certain dealers 599 FIREMENS' PENSION FUND ACT Amended 550 FIREWORKS Manufacture, sale and use prohibited 11 FIRST OFFENDERS Honor camps 699 FISHING ON SABBATH Prohibited in certain counties (500-2,000), (6,515-6,650), (10,140-10,150) 2344 FITZGERALD AND BEN HILL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1011 FITZGERALD, CITY OF Corporate limits 2143 FITZPATRICK, MR. AND MRS. MARK Compensation for damages 2469 FLOYD COUNTY Purchasing agent, etc. 3152 Rome-Floyd County Development Authority, proposed amendment to the Constitution 1067 FLOWERY BRANCH, TOWN OF Terms of mayor and aldermen 2960 FOREST PARK, CITY OF Charter amended 2934 FORSYTH SUPERIOR COURT Terms 99
Page 3282
FORT OGLETHORPE, TOWN OF Corporate limits 2589 FRANKLIN COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1103 FULTON COUNTY Alternate pension plan for board of education 2942 Board of education pension Act amended 3013 Court study commission extended 2455 Vacancies on board of commissioners of roads and revenues 3183 FULTON COUNTY, CIVIL COURT OF Judges' salaries 2610 FULTON COUNTY-CITY OF ATLANTA COURT STUDY COMMISSION Extended 2455 FULTON COUNTY, CRIMINAL COURT OF Salaries of judges and solictor 2291 G GAINESVILLE, CITY OF Corporate limits 2309 GAME AND FISH Basket fishing 477 Cash bonds in criminal cases 530 Length of minnow nets 120 Penalty for illegal night hunting 671 GARNISHMENT Procedure, etc. 717 GENERAL APPROPRIATIONS ACT Budget Act enacted 17 Budget bureau 132 Department of Commerce 622 Funds to municipalities 641 Motor vehicle certificate of title Act 446 Procedure, etc., proposed amendment to the Constitution 752 Tax equalization programs 614 Ty Cobb Baseball Memorial Commission 674 Wesleyan Conservatory property 445
Page 3283
GENERAL ASSEMBLY See also Extraordinary Session. Appropriations, proposed amendment to the Constitution 752 Benefits under Employees' Retirement System 54 Meetings, proposed amendment to the Constitution 750 GEORGIA CIGAR AND TOBACCO CO. Compensation for damages 3010 GEORGIA CIVIL DEFENSE ACT Emergency Interim successors 469 Seat of State government 475 Sites of government, etc. 473 GEORGIA FERTILIZER ACT OF 1960 Amended, penalties and reports 125 GEORGIA HISTORICAL COMMISSION Salary of secretary 515 GEORGIA HOUSING ADMINISTRATION COMMITTEE Created 590 GEORGIA INSURANCE CODE Attorney fees for bad faith 712 Code 56-912, 56-2504 amended 487 Investments by insurers 664 GEORGIA PERMIT ACT Enacted 105 GEORGIA POLICE ACADEMY ACT Enacted 535 GEORGIA STATE HIGHWAY AUTHORITY Bonds 91 GEORGIA WAR VETERANS MUSEUM Created, etc. 732 GETTYSBURG Monument to honor last Confederate veteran 561
Page 3284
GILMER COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1056 GLASCOCK COUNTY Revenue bonds, proposed amendment to the Constitution 1065 GLYNN COUNTY Additional deputy sheriff and jailer 2740 Annual audits 3043 Authority of board of education 3045 Brunswick and Glynn County Development Authority, proposed amendment to the Constitution 810 Compensation of juvenile court judge 2267 Salary of solicitor-general 451 GORDON, CITY OF Corporate limits 3056 GORDON COUNTY Revenue bonds, proposed amendment to the Constitution 988 Tax to encourage industry, proposed amendment to the Constitution 990 GORDONIA ALATAMAHA STATE PARK Named 480 GOVERNOR Proclamations re: extraordinary session 1214, 1216, 1222 Rewards, cattle thieves 693 Veto, proposed amendment to the Constitution 790 GOVERNORS MANSION State Office Building Authority bond limit, etc. 660 GOVERNOR'S MANSION ADVISORY COMMITTEE Created 441 GOVERNOR'S VETO Proposed amendment to the Constitution 790 GRAND JURORS No stenographers provided for in certain counties (22,700-23,000) 2287 Stenographers provided for in certain counties (46,000-47,000) 2287
Page 3285
GRANTS FOR EDUCATION 1961 Act amended 552 GREENE COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 985 GRIFFIN, CITY OF Corporate limits 2293 GRIFFIN INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 945 GUARDIAN AND WARD Commissions of guardians, etc. 610 Natural guardian defined 97 Service of process on ward, etc. 93 GUNNELS, WISE C. Compensation for damages 2663 GWINNETT, BUTTON Monument to honor 579 GWINNETT COUNTY Use of slot machines, referendum 2364 GWINNETT COUNTY BUILDING AUTHORITY Created, proposed amendment of the Constitution 927 H HABERSHAM COUNTY BOARD OF EDUCATION Proposed amendment to the Constitution 747 HAGGARD, GRADY Compensation for damages 2664 HALL SONS MILLING CO., INC. Compensation for damages 2649
Page 3286
HALL COUNTY Construction of sanitary sewers, etc., proposed amendment to the Constitution 1042 Construction, repairs, etc. of streets, proposed amendment to the Constitution 980 Land conveyance authorized 483 Ordinance for policing county, proposed amendment to the Constitution 1044 Storm sewers, etc., proposed amendment to the Constitution 1063 HAMPTON, CITY OF Assessments for water and sewer lines 2927 HAPEVILLE, CITY OF Charter amended 2983 HARALSON COUNTY Expense account of treasurer 3136 Terms of superior court 665 HARRIS COUNTY Clerical help for clerk of superiro court 3127 Compensation of deputy sheriffs 2235 Funds for tax equalization program, proposed amendment to the Constitution 1190 HARRIS SUPERIOR COURT Terms 538 HART COUNTY Board of Finance 2479 HAWKINSVILLE, CITY OF Corporate limits 3223, 3225 HEALTH CODE STUDY COMMITTEE Created 587 HEALTH INSURANCE State employees health insurance Act amended 51 HEARD COUNTY Superior court judge's salary 722
Page 3287
HIGHWAYS State Highway Authority bonds 91 Use of timing devices prohibited 8 HISTORICAL COMMISSION Salary of secretary 515 HOGANSVILLE, CITY OF Charter amended 2088 HOPKINS, CARL S. Compensation for damages 2455 HOLY BIBLES Suspension of sales tax ratified 585 HOSCHTON, CITY OF Corporate limits 3209 HOUSING Georgia Housing Administration Committee created 590 HOUSING AUTHORITIES Creation ratified 734 Special Master Act applicable 461 HUBBARD, MELVIN Compensation for damages 2460 I ILA, CITY OF Terms, etc. of mayor and councilmen 3065 INCOME TAX Credits for use tax 703 Professional associations 454 INDIANS Acts relating to Cherokee Indians repealed 154
Page 3288
INDUSTRY AND TRADE, DEPARTMENT OF Created, proposed amendment to the Constitution 1192 Successor to Department of Commerce 694 INGRAM, DR. BEN Compensation for damages 2662 INSURANCE Attorney fees for bad faith 712 Code 56-919, 56-2504 amended 487 Investments by insurers 664 INTANGIBLE PROPERTY Situs for tax purposes 455 INVESTMENT SECURITIES Uniform Commercial Code 156 J JACKSON COUNTY Compensation of commissioners of roads and revenues 3000 JACKSON, JAMES Bust honoring 562 JEFF DAVIS COUNTY Salary of solicitor-general 451 Terms of superiro court 493 JEFFERSON, CITY OF Corporate limits, referendum 2620 JENKINS COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1109 JOHNSON COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 780 JOINT SECRETARY, STATE EXAMINING BOARDS See also Name of Examining Board. Venue of actions against State Examining Boards 539
Page 3289
JONES, WANDA Compensation for damages 2645 JUDGMENTS Default judgments 687 JURORS Method of selecting 117 JURY COMMISSIONERS Appointment, etc. in certain counties (3,600-4,500) 6 JUSTICES OF THE PEACE Elections 522 JUVENILE COURTS Clerks in certain counties (less than 50,000) 518 Compensation of judge in Glynn County 2267 Judges pro tempore 150 Judges' salaries in certain counties (500,000 or more) 3080 Salaries of judges in certain counties (200,000 or more), (250,000-350,000) 2380 K KENNESAW, CITY OF Corporate limits 2545 KEROSENE Motor Fuel Tax Law amended 646 KINGSLAND, CITY OF Hours of holding elections 2108 Public utilities 2097 KINGSLAND DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 813 L LABOR, DEPARTMENT OF Appropriation 616
Page 3290
LAGRANGE, CITY COURT OF Abolished 3020 LAKE CITY, CITY OF Charter amended 2585 LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY Created 736 LAMAR COUNTY Law books 2670 LANDLORD AND TENANT Termination of tenancy at will 463 LANIER COUNTY Salary of solicitor-general 136 LANIER LAKE Lake Lanier Islands Development Authority 736 LAURENS COUNTY Board of Education, proposed amendment to the Constitution 1168 City of Dublin and Laurens County Development Authority, proposed amendment to the Constitution 1160 Justice courts, proposed amendment to the Constitution 1185 Office of treasurer abolished, referendum 3052 Salary of solicitor-general 139 School superintendent, proposed amendment to the Constitution 1166 Voting machines 2968 LAWRENCEVILLE, CITY OF Elections 2833 LEE COUNTY Law books 2459 LEESBURG, CITY OF Corporate limits 2703
Page 3291
LETTERS OF CREDIT Uniform Commercial Code 156 LEXINGTON, CITY COURT OF Abolished, referendum 3202 LIBERTY INDEPENDENT TROOP CORPORATION Land conveyance authorized 436 LINCOLN COUNTY Commissioners of roads and revenues 2685 Treasurer's salary 3036 LOCUST GROVE, TOWN OF Charter amended 2930 Corporate limits, referendum 2403 LONG COUNTY Compensation of tax collector 2073 LOUISVILLE, CITY OF Tax to promote industry, proposed amendment to the Constitution 856 LUMPKIN COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1095 LUMPKIN, JOSEPH HENRY Bust honoring 562 Mc McINTYRE, TOWN OF Corporate limits, referendum 2847 McDUFFIE COUNTY Thomson-McDuffie County Industrial Development Authority 2120 Thomson-McDuffie County Industrial Authority, proposed amendment to the Constitution 755
Page 3292
M MACON-BIBB COUNTY INDUSTRIAL AUTHORITY Created 2323 MACON, CITY OF Action in abandoning alley confirmed 2374 Charter amended 2329, 2815, 2820 Corporate limits 2824 Elections 2829 Group insurance for employees 2353 Industrial Authority 2323 Industrial development, proposed amendment to the Constitution 885 MACON COUNTY Board of Education, proposed amendment to the Constitution 1194 MACON COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 770 MADISON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 951 MAHAN, H. S., JR. Compensation for damages 2457 MANCHESTER, CITY OF Chairman of commission, referendum 2422 City government, referendum 2244 Charter amended, referendum 2613 Corporate limits 2750 Corporate limits, referendum 2603 Group insurance for employees, referendum 2396 MANSION SITES COMMISSION Extended 577 MARIETTA, CITY OF Charter amended 2110
Page 3293
MARION COUNTY Compensation of tax commissioner 2411 Salaries of commissioners of roads and revenues 2879 MARRIAGE Persons able to contract 138 MARTIN, COHEN Compensation for damages 2458 MARTINEZ, CITY OF Chartered, referendum 2713 MATHIS, RALPH Compensation for damages 2464 MEDICAL EXAMINERS ACT Amended, fees 611 MEDICAL SCHOLARSHIPS Method of repayment, proposed amendment to the Constitution 1039 MERCHANTS Exemptions from certain municipal taxes 596 Tax on dealers in firearms, etc. 599 MERIWETHER COUNTY Superior court judge's salary 722 METROPOLITAN ATLANTA TRANSIT STUDY COMMISSION Created 2648 MILNER, TOWN OF Authority to close named streets 2045 MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT Amended 9, 140 Amended, schools operated by Board of Corrections 652
Page 3294
MINNOW NETS Maximum length 120 MITCHELL COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 761 MOISTURE TESTING EQUIPMENT Standards 631 MONROE, CITY OF Capital improvements from utility receipts 2428 MONROE COUNTY Clerical help for tax commissioner 2671 MORGAN COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1182 MORROW, CITY OF Charter amended 2304 MOTORCYCLES Riding on motorcycles 716 MOTOR COMMON CARRIERS For hire defined 444 Motor carrier defined 630 MOTOR FUEL TAX LAW Amended 646 MOTOR VEHICLES Certificate of title Act amended 79 Certificate of title Act appropriation 446 Impounding when parked in private areas 146 Sale of muffler cutouts, etc., crimes 653 Used Car Dealers' Registration Act applicable in certain counties (14,500-14,900) 115 MT. ZION, TURKEY CREEK ANTD FLINT CORNER DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1126
Page 3295
MUFFLERS Sales of muffler cutouts, etc., crimes 653 MUNICIPAL COURT OF COLUMBUS Salaries 2229 MUNICIPAL CORPORATIONS See Name of Municipality and Tabular Index under title Municipal CorporationsBy Population. Authority to borrow money, proposed amendment to the Constitution 801 Civil Defense Act amended 469, 473 Exemption from taxation for certain merchants 596 Funds to construct and maintain streets 641 Membership in General Assembly as credit towards employees' retirement 595 Method of annexing territory 119 Powers of all municipalities 140 MUNICIPAL COURT OF SAVANNAH Costs 2298 MUNICIPAL STUDY COMMITTEE Created 569 MUSCOGEE COUNTY Compensation of ordinary 2288 Compensation of sheriff 2274 Compensation of tax commissioner 2269 County board of commissioners Act, referendums 2164 Funds to promote industry, proposed amendment to the Constitution 840 Pension system Act amended 3017 Revenue bonds, proposed amendment to the Constitution 999 Salary of superior court clerk 2189 MUSEUM Georgia War Veterans Museum created 732 N NEWNAN, CITY OF Authority to close certain streets 2382
Page 3296
NOTARIES PUBLIC Authority defined 104 NUCLEAR COMPACT Southern Interstate Nuclear Compact enacted 505 O OCONEE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 871 OGLETHORPE DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1188 OGLETHORPE, JAMES EDWARD BRIDGE General James Edward Oglethorpe Bridge designated 560 OIL WELLS Payment for first commercial oil well, proposed amendment to the Constitution 1009 OKEFENOKEE SWAMP Resolution urging opening of perimeter road 564 OLD AGE ASSISTANCE ACT Assistance defined 683 ORDINARIES See also Name of Counties. Compensation in certain counties (6,910-6,950) 2226 Transaction of business 519 P PACKARD, R. P. Compensation for damages 2655 PALMETTO, TOWN OF Elections 2851 PARKING Impounding of vehicles 146
Page 3297
PARTNERSHIPS Names 5 PAULDING COUNTY Clerical help for tax commissioner 3213 Commissioner of roads and revenues 3059 Compensation of coroner 3160 County Depository 2420 Office of treasurer abolished 2615 Terms of superior court 665 PAULDING COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1176 PEACE OFFICERS ANNUITY AND BENEFIT FUND ACT Amended 39 Retirement of employees 701 PEACE OFFICERS MEMORIAL DAY Designated 588 PEACE WARRANTS Costs to be paid in advance 121 PEACH COUNTY BOARD OF EDUCATION Proposed amendment to the Constitution 825 PEACHTREE CITY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1033 PECAN NUTS Dealers defined, etc. 127 PENDING LITIGATION Defined 659 PENDLEY, HENRY A. Compensation for damages 2654
Page 3298
PENSION SYSTEM See Retirement and Names of System. Also Tabular Index under Population Acts. PERKINS, E. CLYDE Compensation for damages 2665 PERRY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1082 PHYSICAL EXAMINATIONS State employees 541 PHYSICAL THERAPY Board of physical therapy 633 PHYSICIANS AND SURGEONS No civil liability for emergency aid to accident victims 534 PICKENS COUNTY Compensation of commissioner and clerk 2151 PIERCE COUNTY Compensation of solicitor-general 663 PINBALL MACHINES Licensing in certain counties (22,800-23,200) 2370 PHARMACY Georgia Permit Act enacted 105 PLATS OF SURVEY Act regulating recording, etc. 632 POLICE ACADEMY ACT Enacted 535 POLICE WEEK Designated 588 POLK COUNTY Terms of county commissioners, etc. 2128
Page 3299
POLLARD, MRS. JIM Compensation for damages 2656 POOLER, TOWN OF Ad valorem taxes 643 Corporate limits 2704 Tax rate, referendum 2707 PRACTICE AND PROCEDURE Adoptions, notice of hearings 524 Attachment cases 520 Application for letters of administration 122 Cash bonds in game, fish and boating cases 530 Default judgments 687 Discovery, depositions, etc. 684 Divorce, incurable insanity as ground 600 Divorce, procedure to remove disabilities 597 Effect of amendment 682 Garnishment 717 Guardian and ward 93 Judge's emeritus 547 Malicious prosecution, (worthless checks) 593 Peace warrants 121 Pending litigation defined 659 Removal of telephones used for illegal purposes 149 Testimony of accused in courts of inquiry 453 Testimony of the accused in criminal cases 133 Testimony of participants in election crimes 457 Time of filing defensive pleading 687 Trial of divorce cases 462 Transaction of business by ordinaries 519 Transfer of real property by corporations, presumptions 516 Uniform Commercial Code 156 PRIMARY ELECTIONS Dates for holding 15 Unit votes, etc. 1217 PRIMARY RECOUNT LAW Amended 678 PRIVATE PARKING AREAS Impounding of vehicles 146
Page 3300
PROBATION, STATEWIDE ACT Compensation of director 691 Subsistance allowance of members of State board of probation 16 PROFESSIONAL ASSOCIATIONS Income tax 454 PROFESSIONAL FUND RAISING Act regulating 496 PROPERTY VALUATION PROGRAMS Capital funds for loans to counties 447 PUBLIC DRUNKENNESS Punishment 656 PUBLIC SAFETY, DEPARTMENT OF Disability retirement of employees 152 PUBLIC SERVICE COMMISSIONERS Emeritus compensation, etc. 602 For hire defined 444 Motor carrier defined 630 PUBLIC WELFARE Aid to disabled Act amended 592 Old Age Assistance Act amended 683 PUTNAM COUNTY Compensation of tax collector and tax receiver, etc., proposed amendment to the Constitution 1101 Officers placed on salary basis, referendum 2440 Office of tax commissioner, referendum 3048 PUTNAM COUNTY BOARD OF EDUCATION Proposed amendment to the Constitution 776 Q QUITMAN, CITY OF Merger of school systems, proposed amendment to the Constitution 827 New charter 2894
Page 3301
R RABUN COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 865 RADAR Use by police prohibited 8 RANDOLPH COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 834 REAL PROPERTY Covenants running with the land 540 Transfers by corporations 516 REED, W. O., JR. Compensation for damages 2657 REIDSVILLE, CITY OF Corporate limits 2888 REIDSVILLE STATE PARK Renamed Gordonia Alatamaha State Park 480 RETIREMENT Compensation of certain emeritus officers, etc. 602 Credit for membership in General Assembly 595 Credit for service with Peace Officers' Annuity and Benefit Fund 701 Department of Corrections employees 146 Department of Public Safety employees 152 Firemen's pension fund Act amended 550 Peace Officers Annuity and Benefit Fund Act amended 39 Reestablishment of membership in State employees' retirement system 126 State employees retirement system Act amended 54 Superior court clerk's retirement Act amended 67 Teachers' Retirement System Act amended 666, 723 RETIREMENT SYSTEM STUDY COMMITTEE Created 558
Page 3302
REVENUE See also Taxation. Capital fund for loans to counties 447 Funds for tax equalization programs 614 REVENUE BONDS Slum clearance, proposed amendment to the Constitution 1005 REVENUE COMMISSIONER Bond 123 REWARDS Arrest, etc. of cattle thieves 693 REYNOLDS, CITY OF Hours of holding elections 2632 RICE, REVEREND E. K. Compensation for damages 2647 RICHMOND COUNTY Board of tax assessors review 3172 Group insurance, proposed amendment to the Constitution 778 Land conveyance authorized 438 RICHMOND HILL, CITY OF Chartered, referendum 2505 RIVERDALE, CITY OF Charter amended 2345 ROCHELLE, CITY OF New charter 2791 ROCKDALE COUNTY Confinement of minors in private institutions 3170 County advisors 2312 ROCKDALE COUNTY-CONYERS WATER AUTHORITY Created, proposed amendment to the Constitution 768 ROCKDALE COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 992
Page 3303
ROME, CITY OF Corporate limits 2218 Public transportation system 2415 ROME-FLOYD COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1067 ROSSVILLE, CITY OF Charter amended 3156 ROSWELL, CITY OF Charter amended 3204 RUNDLES, ERNEST PAUL Compensation for damages 2668 RUSSELL, RICHARD BREVARD Bust honoring 562 S ST. MARYS, CITY OF Authority to close named streets 2101 Hours of holding elections 2104 SALES Uniform Commercial Code 156 SAMS, E. O. Compensation for damages 2466 SAVANNAH, MUNICIPAL COURT OF Costs 2298 SCHLEY COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 787 SCHOOL BUS DRIVERS Sick leave 670
Page 3304
SCHOOL BUS DRIVERS RETIREMENT STUDY COMMITTEE Created 568 SCHOOL LUNCH PROGRAMS Taxation by independent system 628 Taxation, proposed amendment to the Constitution 978 Taxes 458 SCHOOL SUPERINTENDENT, STATE Emeritus compensation, etc. 602 SCOGIN, MRS. MARY L. Compensation for damages 2472 SCREVEN, CITY OF Charter amended 2875 SCREVEN COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1079 SCREWS, MRS. MARY W. Compensation for damages 2667 SEAT OF STATE GOVERNMENT Civil defense Act amended 475 SECRETARY OF STATE Building and Loan Associations 624 Building and Loan Commissioner 464 Certification of results of Constitutional Amendments 690 Emeritus compensation, etc. 602 Regulation of professional fund raising 496 Salary of secretary of Georgia Historical Commission 515 SECURED TRANSACTIONS Uniform Commercial Code 156 SEMINOLE COUNTY Donalsonville and Seminole County Industrial Building Authority, proposed amendment to the Constitution 1015
Page 3305
SHELLMAN, TOWN OF Corporate limits 2438 SHIPPERS Payments to unions, etc. 448 SLUM CLEARANCE Programs, proposed amendment to the Constitution 806 Revenue bonds, proposed amendment to the Constitution 1005 SMALL BUSINESS INVESTMENT COMPANIES Stock ownership by banks 95 SMALL CLAIMS COURTS Act creating in certain counties amended (18,000-18,100) 2265 Act creating in certain counties amended (19,500-19,700) 2182 Act creating in certain counties amended (33,300-34,056) 3195 Act creating in certain counties amended (34,225-34,500) 2425 SMITH, BERNARD Compensation for damages 2653 SMYRNA, CITY OF Charter amended 2550 Homestead exemptions, proposed amendment to the Constitution 976 SOIL CONSERVATION DISTRICTS LAW Name changed 116 SOLICITORS-GENERAL See also Name of Judicial Circuit. Representatives of Charitable trusts 527 SOUTHERN INTERSTATE NUCLEAR COMPACT Enacted 505 SPALDING COUNTY Treasurer placed on salary 3068 SPECIAL MASTER ACT Condemning body defined 461
Page 3306
SPRINGFIELD, CITY OF Code 92-4101 through 92-4104 not applicable 99 STAPLETON, TOWN OF Land conveyance authorized 565 STATE BOARD OF CORRECTIONS See Corrections, State Board of STATE BOARD OF MEDICAL EXAMINERS Fees 611 STATE BOARD OF WORKMEN'S COMPENSATION Salaries of board members and employees 94 STATE COMMISSION ON AGING Created 604 STATE EMPLOYEES See also Retirement. Assistance to school districts with 3% of children, etc. of State employees 71 Automobile mileage allowances 710 Bonds 644 Department of Corrections, retirement 146 Health insurance Act amended 51 Physical examinations 541 Re-establishment of membership in retirement system 126 Resolution commending 586 Retirement system Act amended 54 Strikes prohibited 459 STATE EXAMINING BOARDS See also Name of Examining Board. Venue of actions 539 STATE OFFICE BUILDING AUTHORITY Bonds, executive mansion 660 STATE PROPERTY Demonstrations on or near State property 73 STATE REVENUE COMMISSIONER Bond 123
Page 3307
STATE-WIDE PROBATION ACT Amended, subsistance allowance of board members 16 Compensation of director 691 STEPHENS COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 877 STEWART COUNTY Natural gas system, proposed amendment to the Constitution 864 STRICKLAND, VERNON Compensation for damages 3009 STUDENT HOUSING REVENUE BONDS University System Building Authority Act amended 37 STUDENTS University system, 1959 Act repealed 528 SUMTER COUNTY Americus-Sumter Payroll Development Authority, proposed amendment to the Constitution 933 Compensation of commissioners of roads and revenues 2255 Compensation of ordinary 2246 Compensation of tax commissioner 2237 Compensation of treasurer 2535 Salary of clerk of superior court 2691 SUPERIOR COURTS See also Name of Court. Alpaha Circuit; solicitor-general 136 Assistant solicitors-general in certain circuits (100,000-105,000) 673 Brunswick Circuit; solicitor-general 451 Clerks duties in certain counties (7,345-7,369) 2981 Clerks' index books in certain counties (46,364-47,100) 650 Clerks' records 662 Clerks' retirement Act amended 67 Cobb; salaries 130 Court costs in certain counties (65,000-72,000) 144 Court reporters, contingent expense allowance 60 Coweta Circuit; judge's salary 722 Dodge; terms 494 Forsyth; terms 99
Page 3308
Harris; terms 538 Jeff Davis; terms 493 Judges Emeritus, duties, etc. 547 Judges' salaries 64 Jury commissioners in certain counties (3,600-4,500) 6 Laurens; solicitor-general 139 Recording of instruments 639 Recording of plats of survey 632 Selection of jurors 117 Tallapoosa Circuit; terms 665 Waycross Circuit; solicitor-general 663 Waycross Circuit; judge's supplement 127 SUPERVISOR OF PURCHASES Bonds of State employees 644 SUPREME COURT Justices' salaries, etc. 3 T TALBOT COUNTY Compensation of tax commissioner 2776 TALLAPOOSA JUDICIAL CIRCUIT Terms 665 TAXATION See also Revenue; Municipalities; Counties; and Names of Particular County or City. Credit for use tax on income tax 703 Income tax on professional associations 454 Independent school systems 628 Motor Fuel Tax Law amended 646 School lunch programs, proposed amendment to the Constitution 978 Situs of intangible property 455 Suspension of sales tax on Bibles, etc, ratified 585 Tax by counties for public transportation systems, proposed amendment to the Constitution 1114 Tax on certain dealers (firearms, etc.) repealed 599 Trailer licenses 450 TAX ASSESSORS See Names of Counties and Municipalities and Tabular Index for Population Acts. TAX COLLECTORS See also Name of County. Compensation in certain counties (4,540-4,550) 2238
Page 3309
TAX COLLECTORS See also Name of County. Not required to make rounds 532 TAX COMMISSIONERS See also Names of Counties. Compensation in certain counties (47,000-49,000) 61 Not required to make rounds 533 Salaries in certain counties (3,000-3,254) 3081 TAX EQUALIZATION PROGRAM Financing of, proposed amendment to the Constitution 801 TAX RECEIVERS See also Name of County. Compensation in certain counties (4,540-4,550) 2238 Not required to make rounds 533 TAYLOR, AMY Compensation for damages 2659 TAYLOR, J. C. Compensation for damages 2658 TAYLOR, JOHN LEWIS Compensation for damages 2659 TAYLOR, TOMMY LEE Compensation for damages 2661 TEACHERS' RETIREMENT SYSTEM ACT Amended 666 , 723 Transfer of credits 54 TEAL, M. A. Compensation for damages 2456 TELEPHONES Removal when used for illegal purposes 149 TEMPLE, CITY OF Name changed from Town of Temple 2737 TENANCY AT WILL Termination 463
Page 3310
TENNILLE, CITY OF Corporate limits, referendum 3038 THOMASTON, CITY OF Charter amended, referendum 2074 Corporate limits 2693 THOMASVILLE, CITY OF Insurance for board of education employees 2301 THOMSON, CITY OF Thomson-McDuffie County Industrial Development Authority 2120 THOMSON-McDUFFIE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created 2120 Created, proposed amendment to the Constitution 755 THUNDERBOLT, TOWN OF Corporate limits 2955 TIFTON, CITY OF Charter amended 2336 TOBACCO BOARDS OF TRADE Authority to establish, etc. 102 TRAFFIC COURTS Salaries of solicitors in certain counties (300,000 or more) 2218 TRAFFIC ON HIGHWAYS Uniform Act amended, motorcycles 716 TRAILERS Licenses 450 TRAVELING SALESMEN Exemption from certain municipal taxes 596 TREASURER, STATE Emeritus compensation, etc. 602
Page 3311
TROUP COUNTY Enforcement of rules of board of commissioners 2226 Officers placed on salary basis 2093 Superior court judge's salary 722 TROUP COUNTY, CIVIL AND CRIMINAL COURT Established 3020 TRUSTEE SAVING ACT OF 1949 Amended, beneficiary defined 645 TRUSTS Trustee Saving Act of 1949 amended 645 Use for support 623 TUGALOO RIVER Conveyance of islands to United States 578 TY COBB BASEBALL MEMORIAL COMMISSION Appropriation 674 Created 706 U UNADILLA, CITY OF Authority to abandon described alley 2432 UNIFORM COMMERCIAL CODE Enacted 156 UNITED STATES Conveyance of islands in Tugaloo River 578 UNIVERSITY SYSTEM Admissions, 1959 Act repealed 528 UNIVERSITY SYSTEM BUILDING AUTHORITY ACT Bonds 37 URBAN REDEVELOPMENT LAW Amended, property of veterans' organizations 702
Page 3312
USED CAR DEALERS' REGISTRATION ACT Applicable in certain counties (14,500-14,900) 115 V VANDIVER, S. ERNEST S. Ernest Vandiver Causeway named 69 VEHICLES Impounding when parked in private areas 146 VETERANS War veterans museum 732 VETERANS' ORGANIZATIONS Urban redevelopment programs 702 VETERINARY MEDICINE Licensing, etc. 543 VETO Governor's veto, proposed amendment to the Constitution 790 VICKSBURG NATIONAL MILITARY PARK Monument 443 VIDALIA, CITY OF Charter amended 2581 Tax rate for support of Vidalia Development Authority, proposed amendment to the Constitution 1131 W WADLEY, CITY OF Charter amended 2483 WALKER COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 912 WAREHOUSE RECEIPTS Uniform Commercial Code 156
Page 3313
WARNER ROBINS, CITY OF Charter amended 2152 WARREN COUNTY Compensation of commissioner and clerk 2277 Treasurer's salary 2187 WARRENTON, CITY OF Corporate limits 2040 WASHINGTON, CITY OF Charter amended 2203 Payroll Development Authority 2635 Terms of commissioners of roads and revenues 2453 WASHINGTON COUNTY BOARD OF EDUCATION Proposed amendment to the Constitution 842 WASHINGTON-WILKS PAYROLL DEVELOPMENT AUTHORITY Created 2635 Created, proposed amendment to the Constitution 847 WALTON INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 904 WARE COUNTY Compensation of solicitor-general 663 WATKINSVILLE, TOWN OF Elections 2435 WAYCROSS, CITY OF Corporate limits 2041 Tax to encourage new industry, proposed amendment to the Constitution 1158 WAYCROSS JUDICIAL CIRCUIT Compensation of solicitor-general 663 Judge's supplement 127
Page 3314
WAYNE COUNTY Commissioners of roads and revenues, referendum 3110 County administrator, proposed amendment to the Constitution 1118 Recall of officers, proposed amendment to the Constitution 895 Salary of solicitor-general 451 Sheriff's duties, proposed amendment to the Constitution 1117 WAYNESBORO, CITY COURT OF Judge's salary 2068 WELFARE Aid to disabled Act amended 592 Old Age Assistance Act amended 683 WEIGHTS AND MEASURES Moisture testing equipment 631 WESLEYAN CONSERVATORY Appropriation to acquire property 445 Acquisition of property 581 WEST POINT, CITY OF Authority to convey certain land 3123 Group insurance 2406 WHEELER COUNTY County school superintendent, proposed amendment to the Constitution 844 WHITE COUNTY Terms of commissioners of roads and revenues 2386 WHITE COUNTY INDUSTRIAL BUILDING AUTHORITY Created, proposed amendment to the Constitution 1046 WHITE, CITY OF Name changed from Town of White, charter amended 2988 WHITE, WATKINS C. Compensation for damages 2650
Page 3315
WHITFIELD COUNTY Advisory board to commissioner of roads and revenues 2642 Removal of commissioner of roads and revenues 2239 WILCOX COUNTY Board of Education, proposed amendment of the Constitution 1092 WILLIAMS, J. D. Compensation for damages 2461 WILKES COUNTY Fire Prevention Districts, proposed amendment to the Constitution 798 Payroll Development Authority 2635 Washington-Wilkes County Payroll Development Authority, proposed amendment to the Constitution 847 WILLS AND ADMINISTRATION OF ESTATES Application for letters of administration 122 Commissions of executors, etc. 610 Nonresident executors 613 WORKMEN'S COMPENSATION Bonds of self insurers 528 Salaries of board members and employees 94 WRIGHTSVILLE, CITY OF Charter amended 2885 WRITE-IN VOTES Method of making 98 Y YEOMANS, JAMES VESTER Compensation for damages 2463 YOUTH STUDY COMMITTEE Created 482
Page 3316
POPULATION BY COUNTIES 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
Page 3317
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
Page 3318
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
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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
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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., Resigned 2-14-62 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
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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. GRAYSON RFD, Wilmington Island, Savannah Second DistrictBRYAN, McIntosh, Liberty CHAS. F. WARNELL Pembroke Third DistrictBRANTLEY, Wayne, Long W. C. LONG Nahunta Fourth DistrictCHARLTON, Glynn, Camden OSCAR E. RAYNOR Folkston Fifth DistrictWARE, Atkinson, Clinch W. K. PONSELL Waycross Sixth DistrictECHOLS, Lowndes, Lanier DAN J. DeLOACH Statenville Seventh DistrictTHOMAS, Grady, Mitchell DR. J. ROLAND CLANTON P.O. Box 540, Thomasville Eighth DistrictDECATUR, Seminole, Miller J. WILLIS CONGER Bainbridge Ninth DistrictCALHOUN, Early, Baker CHARLES E. DEWS Edison Tenth DistrictLEE, Dougherty, Worth JACK BELL Leesburg Eleventh DistrictRANDOLPH, Terrell, Clay J. T. DAILEY Cuthbert Twelfth DistrictQUITMAN, Stewart, Webster ROBERT McKENZIE Georgetown Thirteenth DistrictMACON, Schley, Sumter JOHN T. McKENZIE Montezuma Fourteenth DistrictBLECKLEY, Dooly, Pulaski JAMES M. DYKES Cochran Fifteenth DistrictMONTGOMERY, Wheeler, Toombs JOHN C. PETERSON Ailey Sixteenth DistrictLAURENS, Treutlen, Emanuel WM. MALCOLM TOWSON Dublin Seventeenth DistrictJENKINS, Screven, Burke A. SID NEWTON Millen
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Eighteenth DistrictRICHMOND, Glascock, Jefferson CARL E. SANDERS Sou. Fin. Bldg., Augusta Nineteenth DistrictWARREN, Taliaferro, Greene W. TOM VEAZEY Warrenton Twentieth DistrictBALDWIN, Hancock, Washington FLOYD HARRINGTON Milledgeville Twenty-First DistrictJOHNSON, Jones, Wilkinson J. W. CLAXTON, Resigned 2-14-62 Wrightsville Twenty-Second DistrictMONROE, Butts, Lamar ROBERT OGDEN PERSONS, SR. Forsyth Twenty-Third DistrictCRAWFORD, Peach, Taylor W. T. JONES Roberta Twenty-Fourth DistrictMUSCOGEE, Chattahoochee, Marion HARRY C. JACKSON 1718 - 3rd Ave., Columbus Twenty-Fifth DistrictHARRIS, Upson, Talbot E. MULLINS WHISNANT Hamilton Twenty-Sixth DistrictSPALDING, Clayton, Fayette ROBERT H. SMALLEY, JR. Griffin Twenty-Seventh DistrictJACKSON, Barrow, Oconee TALMADGE F. HARDEN Commerce Twenty-Eighth DistrictMORGAN, Jasper, Putnam E. R. LAMBERT Madison Twenty-Ninth DistrictCOLUMBIA, Lincoln, McDuffie EDGAR D. CLARY, JR. Harlem Thirtieth DistrictMADISON, Elbert, Hart A. F. SEAGRAVES Hull Thirty-First DistrictSTEPHENS, Habersham, Franklin DR. C. L. AYERS Toccoa Thirty-Second DistrictLUMPKIN, Dawson, White ERWIN OWNES Dahlonega Thirty-Third DistrictHALL, Forsyth, Banks HOWARD T. OVERBY 1239 Riverside Dr., Gainesville Thirty-Fourth DistrictDeKALB, Gwinnett, Rockdale W. HUGH McWHORTER 124 Atlanta Ave., Decatur Thirty-Fifth DistrictWALTON, Henry, Newton EUGENE KELLY Monroe Thirty-Sixth DistrictCOWETA, Meriwether, Pike D. B. BLALOCK Newnan
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Thirty-Seventh DistrictCARROLL, Troup, Heard EARL STAPLES Carrollton Thirty-Eighth DistrictPAULDING, Haralson, Polk SAMUEL U. BRALY Dallas Thirty-Ninth DistrictDOUGLAS, Cobb, Cherokee J. L. WHITE Douglasville Fortieth DistrictTOWNS, Union, Rabun ZELL MILLER Young Harris Forty-First DistrictGILMER, Pickens, Fannin CHARLES EMERSON WATERS Ellijay Forty-Second DistrictBARTOW, Chattooga, Floyd WILLIAM A. INGRAM Cartersville Forty-Third DistrictWHITFIELD, Gordon, Murray ERWIN MITCHELL Dalton Forty-Fourth DistrictDADE, Walker, Catoosa GASTON V. GREEN Rising Fawn Forty-Fifth DistrictIRWIN, Ben Hill, Telfair OTTO GRINER Ocilla Forty-Sixth DistrictPIERCE, Bacon, Coffee O. D. JOHNSON Blackshear Forty-Seventh DistrictCOLQUITT, Tift, Turner SAM J. GARDNER, JR. Moultrie Forty-Eighth DistrictCRISP, Dodge, Wilcox ELDEN W. MATHEWS Cordele Forty-Ninth DistrictEVANS, Bulloch, Candler G. ED PERRY Claxton Fiftieth DistrictOGLETHORPE, Clarke, Wilkes HAMILTON McWHORTER, JR. Lexington Fifty-First DistrictTWIGGS, Houston, Bibb MARK W. FITZPATRICK Jeffersonville Fifty-Second DistrictFULTON CHARLIE BROWN P. O. Box 30, Atlanta 1 Fifty-Third DistrictBROOKS, Berrien, Cook DAN F. HART Quitman 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 1645 Meadow Lane, N.E., 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 Brantley, Hines L. Candler Metter 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
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Busbee, George D. Dougherty 2003 Nottingham Way, Albany Bynum, Knox Rabun Clayton Caldwell, Johnnie L. Upson Thomaston 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, Marcus Mitchell 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. Ogle- thorpe 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.
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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., Rsg. 2-5-62 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 Johnson, Marion Merrill, Sr. Jenkins 314 Harvey St. Deceased 2-7-62 Millen Joiner, Francis Washington P. O. Box 151 Tennille
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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 Lee, Grover B. Clinch DuPont Lee, William J. Bill Clayton Rt. 1 Forest Park Lewis, E. Brooks Wilkinson P. O. Box 296 Gordon 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
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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., Rsg. 4-27-62 Ware Rt. 4, Waycross Parker, W. C. Bill Appling Baxley Resigned 3-31-62 Parmer, Hershel W. Heard Roopville
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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 Rainey, Howard Crisp 201 - 8th St., S. Cordele 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
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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 Tabb, Buck Miller Colquitt Tamplin, Howard, Rsgd. 2-24-62 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
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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
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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 Resigned 3-31-62 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
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Butts Bailey Woodward Jackson Calhoun W. Harvey Jordan Leary Camden J. Nolan Wells Kingsland Candler Hines L. Brantley 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 Grover B. Lee DuPont 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
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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 Howard Rainey 201 - 8th St., S. 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
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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'l 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 1645 Meadow Lane, N.E., 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
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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., Deceased 2-7-62 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 Marcus Collins Pelham Monroe Harold G. Clarke Forsyth Montgomery Joe C. Underwood Mt. Vernon Morgan Howard Tamplin, Rsg. 2-24-62 Madison
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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
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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, Rsg. 4-27-62 Rt. 4, Waycross Ben A. Hodges, Rsg. 2-5-62 Waycross Warren Jack B. Ray Norwood Washington Francis Joiner P. O. Box 151, Tennille
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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 E. Brooks Lewis P. O. Box 296, Gordon Worth David C. Jones Box 90, Sylvester
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RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR YEARS 1953-1961 AS OF APRIL, 1962 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 9 1 37 1961 27 .. 1 26 TOTAL 270 22 10 238
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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 For 55 Agn 30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11- 2-54 For1152 Agn 565 Gilmer 3103 City of Ellijay 6- 1-53 For 69 Agn 151 Gilmer 588 City of Ellijay 6- 1-53 For 69 Agn 151 Gwinnett 3187 City of Lawrenceville 6-27-53 For 55 Agn 61 Irwin 2495 Tax Commissioner 11- 2-54 For 568 Agn 694 Mitchell 2577 City Treasurer of Camilla Not held Murray 2458 Town of Spring Place 5-19-53 For 36 Agn 48 Murray 2340 City of Chatsworth Status unknown Murray 2444 Tax Commissioner 4-21-53 For 553 Agn 261 Troup 2276 City of West Point 4- 1-53 For 250 Agn 112 Whitfield 2128 City Court of Dalton 3-26-53 For 210 Agn2613
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Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9- 8-54 For1833 Agn 648 Cherokee 2668 Certain county officers on salary basis 11- 2-54 For 913 Agn 674 Clayton 2855 City of Forest Park Status unknown Clayton 2029 City of Lake Tara 12- 9-53 For 64 Agn 229 Clayton 2064 City of Lake Tara Status unknown Coweta 2040 City of Newnan 2- 6-54 For1406 Agn 603 Crisp 2407 City of Cordele 10- 5-54 City vote: For202; Agn132 County vote: For 23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For 200 Agn 527 DeKalb 2578 City of Decatur 10-21-54 For 466 Agn 827 Early 2282 City of Blakely 4-19-54 For 45 Agn 82 Elbert 2987 City of Elberton 3-23-54 For 958 Agn 248 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 For 154 Agn 164
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McDuffie 2584 City of Thomson 3-12-54 For 253 Agn 290 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 For 259 Agn 189 Sumter 2972 Tax Millage 1-12-54 For 382 Agn 431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn 6 Outside city vote: For 64; Agn 53 Twiggs 2570 County Commissioners 11- 2-54 For 161 Agn 626 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. Agn 716 Clarke 3057 Merger city and county school systems 5- 4-55 For1124 Agn 564 Clayton 2781 City of Morrow 4-16-55 For 75 Agn 30 Clayton and Fulton 2884 City of College Park 5-14-55 For 46 Agn 13
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DeKalb 2806 Form of government 5-18-55 (1) Single Com. For 750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3- 7-56 For4471 Agn 522 Fulton 2650 City of Hapeville Status unknown Gwinnett 3163 City of Lawrenceville 3-19-55 For 25 Agn 89 Hall 3040 Tax Commissioner 11-28-55 For2163 Agn 775 Hall 2627 Certain county officers on salary basis 11-28-55 For2144 Agn 826 Houston 2093 City of Warner Robins 4- 5-55 For 234 Agn 547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For 582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For 337 Agn 109 Rockdale 2428 Certain county officers on salary basis 4-16-55 For 610 Agn 877 Tift 2344 City of Tifton 4-27-55 For 764 Agn 270 Wayne 2858 City of Jesup 4-27-55 For 383 Agn 206 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.
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Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4- 3-56 For1394 Agn1385 Baldwin 2865 City of Milledgeville 7-18-56 For 107 (1 of 2) Agn 58 Baldwin 2865 City of Milledgeville 10-15-56 For 463 (1 of 2) Agn 243 Baldwin 3003 City of Milledgeville 7-18-56 For 12 Agn 51 Banks 2056 Supplemental salary for Sheriff 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5- 4-56 For 13 Agn 103 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 2040 City Manager, City of Forest Park Status unknown (1 of 2) Clayton 2040 City of Forest Park Status unknown (1 of 2) Clayton 2518 City of Mountain View 3-24-56 For 341 Agn 44 Clayton 2744 City of College Park 4-28-56 For 28 Agn 22 Colquitt 2399 Certain county officers on salary basis 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540
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Colquitt 2830 City of Moultrie 10- 1-56 * * City vote: West Moultrie Area: For1986; Agn169 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 vote: Area 1-West Moultrie Area: For 99; Agn 57 Area 2Colonial Heights Area: For145; Agn 83 Area 3-Crestwood Gardens Area: For 27; Agn 87 Area 4-East Moultrie Area: For 41; Agn147 Area 5-Tifton Highway Area: For 29; Agn107 Area 6-Sylvester Drive Area: For 78; Agn144 DeKalb 2932 City Court of Decatur 5-16-56 For 12,520 Agn 5,846 DeKalb 3237 Multiple commission form of government 5-16-56 For 18,393 (1 of 2) Agn 2,001 DeKalb 3237 Commission Chairman 5-16-56 For:(a) 4,743 (1 of 2) For:(b)15,300 Fayette 2022 Tax Commissioner 2-25-56 For 292 Agn 37 Glascock 3507 Traveling expenses for Sheriff 3-14-56 For 498 Agn 227 Gwinnett 2502 Tax Commissioner 11- 6-56 For 3,383 Agn 1,641 Hall 3166 City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3
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Houston 2510 City of Warner Robins 5- 8-56 For 215 Agn 30 Jackson 2887 City Court of Jefferson 9-12-56 For 972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For 231 Agn 580 Murray 3476 Chatsworth 8-25-56 For 77 Agn 109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For 516; Agn2070 Newton 2507 City of Covington 5- 1-56 For 109 Agn 90 Richmond 2406 Sale of Allen ParkCity of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For 948; Agn 595 Affected area For 365; Agn 400 Thomas 3159 Certain county officers on salary basis 4-24-56 For 902 Agn 939 Thomas 3510 Tax Commissioner 4-24-56 For 876 Agn 957 Troup 2827 City of Hogansville 7-18-56 City vote: For 216; Agn 117 Outside city vote: For 41; Agn 159
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Troup 3078 City of Hogansville 7-18-56 For 257 Agn 276 Troup 3423 City of North West Point 4-25-56 For 34 Agn 111 Walker 2995 Town of Linwood Status unknown Whitfield 2093 City of Dalton 3-15-56 For 985 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 Agn 314 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 For 422 Agn 128 Clarke 2033 City of AthensMayor and City Council 2-27-57 For 617 Agn2112 Clarke 2036 RecorderCity of Athens 2-27-57 For 714 Agn2047 Cobb 3020 City of Acworth 5- 4-57 For 73 Agn 181 Coffee 2833 City Commissioners of City of Douglas 5-29-57 For 485 Agn 99
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Colquitt 2205 City of Moultrie 3-11-57 For 25 Agn 53 Cook 3253 County Commissioners 5- 8-57 For 227 Agn 364 Dougherty 2595 City of Albany 5-20-57 For 325 Agn 720 Douglas 2358 City of Douglasville 5- 3-57 City vote: For50; Agn 53 Affected area: For 2; 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 For 27 Agn 4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4- 6-57 For 784 Agn 924 Miller 2194 County Commissioners 4- 2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote: For78; Agn 12 Outside city vote: For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For 75 Agn 10 Polk 2185 City of Cedartown 5- 8-57 For 656 Agn 934
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Pulaski 3353 City of Hawkinsville 4-30-57 For 115 Agn 266 Spalding 2809 City of Griffin 4-30-57 For 552 Agn 317 Twiggs 3002 County Commissioners 5-22-57 For 156 Agn 174 Walker 2419 Town of Linwood 4-27-57 For 71 Agn 29 Wilkinson 2383 Town of McIntyre 5-25-57 For 49 Agn 18 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 For 206 Agn 197 Baldwin 3302 County Commissioner 11- 4-58 For 932 Agn 717 Barrow 2338 City of Winder 6- 4-58 For 131 Agn 229 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 For 173 Agn 74 Chatham 2617 Town of Thunderbolt 1-20-59 For 291 Agn 115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283
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Chattahoochee 2554 Compensation of Sheriff 11- 4-58 For 55 Agn 30 Cherokee 2437 City of Canton 5- 7-58 For 119 Agn 483 Cherokee 2661 City of Canton 5- 7-58 For 223 Agn 37 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 For 2 Agn 0 Clayton and Fulton 2363 City of College Park 5-14-58 For 10 Agn 0 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For 53; Agn 1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For 31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For41; Agn 1 Affected area: For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96
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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: For 39; Agn40 Parcel #3- City vote: For230; Agn14 Outside city: For 24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For 162 Agn 282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Fulton 2721 City of College Park 6- 3-58 For 738 Agn 340 Fulton and Clayton 2453 City of College Park 5-19-58 For 2 Agn 0 Fulton and Clayton 2854 City of College Park 5-14-58 For 0 Agn 0 Fulton and Clayton 3212 City of East Point 7-16-58 For 63 Agn 28
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Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 County vote: For203; Agn256 Hall 2279 Gainesville City Commission 4- 1-58 For 925 Agn 169 Haralson 2820 Millage for education purposes. Not held as of 4-18-60 Henry 3127 Certain county officers on salary basis 5-21-58 For 346 Agn 206 Henry 3132 City of Stockbridge 4-30-58 City vote: For61; Agn 75 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: For 15; Agn 50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn 901 Lowndes 2624 City of Valdosta 4-14-58 For 907 Agn 243 Newton 2269 City of Covington 7- 9-58 For 151 Agn 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57
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Pulaski 2826 Tax Commissioner 11- 4-58 For222 Agn235 Putnam 2980 City of Eatonton 6-11-58 For 42 Agn257 Tift 2697 City of Tifton 5- 7-58 For669 Agn 43 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 For 19 Agn100 Wilkes 2091 County Commissioners 11- 4-58 For749 Agn 98 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 For 79 Agn154 Bartow 2793 City of Cartersville 4-29-59 For 3 Agn 21 Bartow 2797 City of Adairsville 5-12-59 For 77 Agn120 Bartow 2907 City of White (Sec. 2) 5-16-59 For 7 Agn 36 Bartow 2907 City of White 5-16-59 For 27 Agn 45
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Bartow 2920 City of Kinston 5-16-59 For 49 Agn 2 Catoosa 2161 County Commissioners 3-28-59 For 718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For 160 Agn 462 Cherokee 2494 Certain County officers on salary basis 4- 4-59 For1522 Agn 509 Clayton and Fulton 2499 City of College Park 5-18-59 For 14 Agn 38 Clayton and Fulton 2508 City of College Park 5-18-59 For 0 Agn 0 Clayton and Fulton 2516 City of College Park 5-18-59 For 5 Agn 0 Clayton and Fulton 2521 City of College Park 5-18-59 For 3 Agn 0 Cobb 3142 City of AustellParcel #2 8-18-59 For 7 Agn 8 Cobb 3142 City of AustellParcel #3 8- 4-59 For 2 Agn 11 Cobb 3142 City of AustellParcel #1 8-25-59 For 5 Agn 49 Colquitt 2397 TaxationCity of Norman Park 5-25-59 For 50 Agn 81 Dougherty 2091 County Commissioners 4-12-60 For 755 Agn 417 Dougherty 3064 City of Albany 6- 8-59 For1413 Agn 710 Douglas 2871 City of Lithia Springs 4- 8-59 For 241 Agn 569
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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. For 14 Agn 15 Elbert 2627 County Commissioners 4- 8-59 For 804 Agn 436 Elbert 2621 Tax Commissioner 4- 8-59 For1041 Agn 203 Elbert 2624 Certain County of officers on salary basis 4- 8-59 For1014 Agn 228 Emanuel 2592 City of Twin City 5- 4-59 For 200 Agn 162 Gwinnett 3161 City of Dacula 5- 9-59 For 82 Agn 45 Habersham 2178 City of Cornelia 4-13-59 For 102 Agn 91 McDuffie 2568 County officials on salary system 6-30-59 For 502 Agn 75 Meriwether and Talbot 2534 City of Manchester 4- 1-59 For 109 Agn 30 Newton 2780 City of Oxford 5- 1-59 For 30 Agn 36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn 75 County vote: For 86; Agn291
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Polk 2732 Certain County officers on a salary basis 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4- 8-59 For1510 Agn 827 Turner 2575 County Commissioners Not held * * Act declared unconstitutional by Turner Superior Court and no election held. Union 2053 County Commissioners 3-17-59 For 810 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 Agn 767 Berrien 3301 City of Nashville 11- 8-60 For 466; Agn 418 Bibb 3223 Macon Bibb County incorporated 6- 1-60 City vote: For4598; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For 37; Agn 55 Chatham 2273 Town of Thunderbolt 1-17-61 For 151 Agn 283 Chattooga 2715 Town of Trion 5- 5-60 For 53 Agn 25 Clarke 2234 City of Athens 4-13-60 For 276 Agn 522 Cobb 2127 City of Smyrna Status unknown Coweta 3020 City of Newnan 4-30-60 For 320; Agn 146 Douglas and Cobb. 2118 City of Austell 3-26-60 For 27 Agn 38
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Dodge 2608 Town of Rhine 4-27-60 For 146 Agn 4 DeKalb 3158 City of Decatur 12- 7-60 Status unknown Emanuel 2360 County Commissioners 11- 8-60 For 877 Agn2080 Evans 2251 City of Claxton 5- 5-60 Proposed Area: For 32; Agn 62 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 For 6 Agn 0 Fulton and Clayton 2854 City of College Park 5-16-60 For 21 Agn 15 Greene 3089 Tax Commissioner 4-28-60 For 801 Agn 823 Greene 3093 Certain County officers on salary basis 4-28-60 For 822 Agn 835 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 Agn 959 Jefferson 2913 Town of Avera 9-15-60 Status unknown
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Lamar 2294 Certain County officers on salary basis 5-11-60 For 131 Agn 193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn 573 Lowndes 3125 City of Valdosta 4-15-60 For 87 Agn 656 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 For 8; Agn 1 Morgan 2518 Certain County officers on salary basis 3-15-60 For1894 Agn 332 Murray 3180 City of Spring Place Not held as of 9-8-60 Polk 2111 City of Cedartown 3-22-60 For 74 Agn 50 Pulaski 2991 Clerk Superior Court 9-14-60 For 798 Agn 962 Pulaski 2995 Tax Collector 9-14-60 For 803 Agn 805 Pulaski 2998 Ordinary 9-14-60 For 805 Agn 949 Pulaski 3001 Sheriff 9-14-60 For 810 Agn 953 Pulaski 3009 Tax Receiver 9-14-60 For 777 Agn 952
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Rabun 2417 City of Clayton 5-25-60 For 46 Agn 160 Rockdale 2028 City of Conyers 3- 2-60 For 134 Agn 283 Stewart 2051 County Commissioner and creation of Advisory Board 3-16-60 For 418 Agn 297 Walton 2056 Certain County officers on salary basis 3- 9-60 For3092 Agn 918 Walton 2063 County Commissioners 3- 9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3- 9-60 For3181 Agn 900 Wayne 2202 County Commissioners 3- 4-60 For 458 Agn1672 Whitfield 2003 County Commissioner 3- 2-60 For 955 Agn1042 Whitfield 2007 Certain County officers on salary basis 3- 2-60 For1272 Agn 746 Whitfield 2019 Tax Commissioner 3- 2-60 For1227 Agn 806 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.
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Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For514 Agn 292 Bartow 2782 City of Cartersville 6-10-61 For 6 Agn 44 Void 1 Bartow 3382 City of Cartersville 6-10-61 For 29 Agn 20 Void 3 Bartow 3469 City of Cartersville 6-10-61 For 205 Agn 159 Void2 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn 445 Outside City vote: For12269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For 267 Agn 764 Void7 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 2: For 886; Agn 759 Zone No. 2: For 123; Agn 277 Chatham 3072 Civil Service System 4-20-61 For 137 Agn 144 Chattooga 2658 City of Summerville 5-27-61 For 338 Agn 241 Colquitt 3041 City of Moultrie Not held
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Early 2245 City of BlakelyNorth City Limits 6-13-61 For 61 Agn 56 Void3 Early 2260 City of BlakelySouth City Limits 6-14-61 For 35 Agn 56 Void1 Forsyth 2252 City of Cumming 4- 1-61 City vote: For 108; Agn 26 Outside City vote: For 41; Agn 142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For 45; Agn 25 Outside City vote: For 21; Agn 43 Gwinnett 3156 City of Suwanee 4-29-61 For 56 Agn 15 Laurens 2598 City of Dublin 8- 2-61 For1077 Agn 463 Meriwether 2760 City of Manchester 5- 3-61 For 614 Agn 322 Meriwether 3058 Creates Board County Commissioners 5-31-61 For 860 Agn 320 Meriwether 3223 Abolish office Treasurer 5-31-61 For 680 Agn 493 Meriwether 3416 Tax Commissioner compensation 5-31-61 For 940 Agn 243 Meriwether 3456 Certain County officers compensation 5-31-61 For 938 Agn 254 Monroe 2994 City of Forsyth 10- 4-61 For 668 Agn 245
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Murray 3403 City of Spring Place 6-24-61 For 24 Agn 19 Pike 2704 City of Zebulon 5- 6-61 For 52 Agn 1 Polk 2931 City of Rockmart 12- 2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1 For: 22; Agn: 36 Ward 2 For: 0; Agn: 17 Ward 3 For: 0; Agn: 0 Ward 4 For: 6; Agn: 69 Ward 5 For: 0; Agn: 1 Sumter 3251 City of Americus 5- 9-61 For 331 Agn 954 Void6 Troup 2650 City of West Point 4-26-61 For 143 Agn 224 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.
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