Local and special acts and resolutions of the General Assembly of the state of Georgia 1963 [volume 2]

Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia HAPEVILLE: PRESS OF LONGINO PORTER, INC. 19630000 English

Page 2001

LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1963 19630000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

Page 2002

PRESS OF LONGINO PORTER, INC. HAPEVILLE, GA.

Page 2003

Compiler's Note To speed publication, the Acts and Resolutions of the 1963 session, with the exception of the proposed amendments to the Constitution, were sent to the printer in the order in which they were released from the Governor's office. This made only a broad classification possible. General Acts and Resolutions were grouped in one volume beginning at page 1 and running through page 873. The proposed amendments to the Constitution were grouped together beginning at page 661 of Volume One and are followed by a complete index beginning at page 707. This volume is bound separately. Local and special Acts and Resolutions were grouped in one volume beginning on page 2001. There are no intervening pages between 873 and 2000. The index, which is published in full in each volume, covers material included in both volumes. It is in two parts: a broad tabular index which attempts to supply some of the advantages which might have been gained from a more detailed classification, which speed of publication made impossible. This is followed by a regular alphabetical index. ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1963 FITZGERALD AND BEN HILL COUNTY DEVELOPMENT AUTHORITY. No. 9 (House Bill No. 72). An Act to create the Fitzgerald and Ben Hill County Development Authority; to provide the appointment of members of said Authority; to provide for the purpose, duties, control, organization and powers of said Authority; to provide for the duties and powers of the City of Fitzgerald and County of Ben Hill with respect to said Authority; to provide for issuing revenue- anticipation bonds and for the validation of such bonds; 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 Fitzgerald and Ben Hill County Development Authority. Short title.

Page 2004

Section 2. There is hereby created a body corporate and politic to be known as the Fitzgerald and Ben Hill County 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 Ben Hill County, the Mayor of the City of Fitzgerald, the president of the Fitzgerald Chamber of Commerce and two (2) appointed members who shall be residents of Ben Hill County within or without the corporate limits of the City of Fitzgerald. Not more than one (1) member shall be appointed from any one family, partnership, or other business organization. Immediately after the effective date of this Act the Board of Aldermen of the City of Fitzgerald and the Commissioners of Ben Hill County each shall appoint one (1) member to the Authority. For the first appointments, the county shall appoint one person for three (3) years, and the city shall appoint one (1) person for five (5) years. Thereafter all such terms and appointments, except in case of vacancy, shall be for five (5) 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. The Authority shall elect a Chairman and a Treasurer. The Executive Secretary of the Fitzgerald Chamber of Commerce shall serve as secretary of the Authority without compensation. The members of the Authority shall be entitled to no compensation. Created. Section 3. As used in this Act, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: (a) The word Authority shall mean the Fitzgerald and Ben Hill County Development Authority created by this Act and by and under Article VII, Section V, Paragraph I, of the Constitution of the State of Georgia, as amended. Definitions.

Page 2005

(b) The word project shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of jobs and payrolls in industry, commerce, agriculture, and natural resources; the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such structures or equipment to private persons, firms or corporations. (c) The term cost of project shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and other such 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. 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 (1). Section 4. The County of Ben Hill and the City of Fitzgerald 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. No vacancy shall impair the power of the Authority to act. Quorum.

Page 2006

Section 6. The Authority shall have powers: (a) To have a seal and alter the same at pleasure. (b) To acquire, hold, and dispose of personal property, including the stock of other corporations, for its corporate purposes. Powers. (c) To enter into contracts for periods of time not in excess of fifty (50) years. (d) To acquire in its own name by purchase, on such terms and conditions, and in such manner as it may deem proper, real property or liens or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same, and to lease as lessee or lessor 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 Ben Hill or the City of Fitzgerald; the governing authorities of Ben Hill County or the City of Fitzgerald 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 of projects, or contracts with respect to the use of projects, which it erects or acquires. (g) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand, add to, operate and manage projects and pay the cost of any such project from the proceeds of revenue-anticipation bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which

Page 2007

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; 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 indentures 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. (i) To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia. (j) To do all things necessary or convenient to carry out the powers expressly conferred by this Act. (k) To adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (l) To issue revenue- anticipation bonds for the purpose of paying all or any part of the cost of any project of the Authority. Such revenue-anticipation bonds shall be issued and validated in the Superior Court of Ben Hill County 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 by the Revenue Bond Law (Ga. L. 1957, pp. 36 et seq.), providing for the issuance of revenue-anticipation bonds. Section 7. The Authority is hereby specifically authorized to purchase or otherwise acquire land and to improve

Page 2008

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 Ben Hill 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. Powers. Section 8. No moneys derived from 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 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. Projects. 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 Ben Hill County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Ben Hill County. Section 11. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue-anticipation bonds issued by the Authority, and all interest thereon, shall have the same immunity from State and local taxation as the property, obligations and interest on the obligations of Ben Hill County. Taxes. Section 12. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Ben Hill or the City of Fitzgerald. Debts. Section 13. The books and records of the Authority shall be audited at least annually, at the expense of the

Page 2009

Authority, by a competent auditor. The Authority shall furnish copies of said audit to the County of Ben Hill and the City of Fitzgerald, and shall publish same one time in the newspaper serving as the Official Organ of Ben Hill County. Audits. Section 14. The Authority shall be specifically authorized to enter into contracts and agreements for periods of time extending beyond the terms of the members of the Authority in office at the time of such contracts and agreements. Contracts. Section 15. This Act being written for the purpose of developing and promoting the public good and the welfare of the County of Ben Hill and the City of Fitzgerald 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 the enactment thereof by the members of the two branches of the General Assembly. Effective date. Section 18. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Notice of Proposed Local Legislation. The undersigned will introduce at the session of the General Assembly of Georgia which convenes in January, 1963, a local bill to create the Fitzgerald and Ben Hill County Development Authority and to provide for the appointment of members of said Authority; to provide for the purposes, duties, control, organization and powers of the Authority and of the County of Ben Hill and the City of Fitzgerald with respect thereto; to provide for the insurance and validation of revenue-anticipation bonds; to provide that no taxes can be levied for the support of projects of said

Page 2010

Authority; and for other related purposes. The Act will be effective upon the enactment thereof by the two branches of the General Assembly. A. B. C. Dorminy, Jr. Jack Massee Paul E. Ward 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 Leader-Enterprise and Press, on December 27, 1962, January 3, 1963 and January 10, 1963, which said newspaper was the official organ 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 12 day of January, 1963. /s/ J. W. McDonald, Notary Public. My commission expires May 21, 1966. (Seal). Approved February 26, 1963. CITY OF WOODSTOCKSALE OF WATER, ELECTRICITY AND GAS. No. 10 (House Bill No. 20). An Act to amend an Act of the General Assembly of Georgia, reincorporating the City of Woodstock, in the County of Cherokee, approved March 24, 1939, so as to provide

Page 2011

that the said City of Woodstock shall have the power to furnish and sell water, electricity, and gas to consumers residing without the corporate limits of said city; and may, in addition to other provisions for collection of all charges for services in connection herewith, may cut off water, gas, or electricity from any consumer and refuse to furnish the same until such delinquent bills are paid. Section 1. Be it enacted by the General Assembly of Georgia and is hereby enacted by the authority of the same that from and after the passage of this Act the charter of said City of Woodstock as set forth in an Act of the General Assembly of Georgia approved March 24, 1939, and Acts amendatory thereof, be and the same is, hereby, amended by adding at the end of section 11 of said charter the following: Said City of Woodstock may, if its mayor and council deem it advisable, furnish, sell, and collect payment for water, electricity and gas to persons, or corporations, residing without the corporate limits of said city, and may charge for the same a higher and different rate than is charged to the residents of said city, and to this end may purchase, lease, own and control transmission lines, stations, pipes, rights of way, lands, and all things necessary, either within or without said city, for the furnishing of such service, but said city shall not be required or compelled to furnish such service if its governing authorities do not desire to furnish same, and it may at any time discontinue such service after same has been inaugurated. Said mayor and council may make such rules and regulations as it desires with reference to furnishing such non-residents. Said city, acting through its mayor and council may sell water, at retail or wholesale, to other persons or corporations for the purpose of resale, and may enter into valid contracts for such purpose for a period not exceeding fifty (50) years under such terms as the mayor and council may deem advisable. For the purpose of supplying said utilities the City of Woodstock has the authority to acquire the same, either

Page 2012

by providing its own manufacturing and distribution systems, or by purchasing the same from persons, corporations, or municipal or county systems. This amendment shall not be construed as repealing any of the rights already vested in said City of Woodstock by its present charter, but shall be construed as giving to it additional powers as aforesaid. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marion T. Pope, Jr., 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: December 20, 1962; January 3, 1963; and January 10, 1963. /s/ Marion T. Pope, Jr., Representative, Cherokee County. Sworn to and subscribed before me, this 14th day of January, 1963. /s/ Lucy R. Roper, Notary Public, State at Large. My Commission expires March 16, 1966. (Seal). Notice of Local Legislation. Notice is hereby given that the undersigned will introduce a bill in the 1963 Session of the General Assembly of Georgia to amend the charter of the City of Woodstock to permit the city to furnish and sell water outside the city limits.

Page 2013

This 19th day of December, 1962. Marion T. Pope, Jr., Representative, Post No. 2, Cherokee County, Georgia. Approved February 27, 1963. CITY OF CANTONCORPORATE LIMITS. No. 11 (House Bill No. 21). An Act to amend an Act incorporating the City of Canton approved August 1, 1922 as amended so as to increase the corporate limits of said city to include therein certain territory in the County of Cherokee north and east of the Etowah River; defining the boundaries of said territory; providing, that when said territory shall become a part of said city property located therein shall be subject to taxation; providing that the citizens of the annexed area shall be subject to the laws, duties and obligations of citizenship, and shall have all of the privileges and benefits, thereof; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Canton, approved August 1, 1922, as amended is hereby amended to extend the limits of said city by annexing to the present city limits the area adjoining, described as follows: All those tracts and parcels of land lying in one body in the 14th district and 2nd section of Cherokee County, Georgia, in original lots of land 129, 130, 157, 158, 159, 160, 165, 166, 167, 168, 192, 193, and 194, more particularly described as follows: Beginning at a point on the east original line of land lot No. 192 at an iron stake located 1320 feet north of the southeast corner of said lot, thence south along said east line of lots 192 and 193 a distance of 3250 feet to the southeast

Page 2014

side of Etowah River at the present city limits of Canton, Georgia, thence following the line of the present city limits of said city, the same being the southeast, south, east, southwest, and west bank of the Etowah River as it meanders a southwesterly, southerly, westerly, northwesterly, and northerly direction for a total distance of 19,300 feet to Puckett Creek, thence north 290 feet along the east side of Puckett Creek to the north line of land lot 158, thence east along said north line of lot 158 1655 feet to the east right-of-way line of Etowah Drive, thence following the east right-of-way line of Etowah Drive a northerly direction 2,050 feet to the intersection of said line with the west right-of-way line of Shoal Creek Road, thence south along the west right-of-way line of Shoal Creek Road 226.8 feet, thence south 5809[UNK] west 200 feet, thence south 3151[UNK] east 525 feet, thence north 5809[UNK] east 250 feet to the east right-of-way line of Shoal Creek Road, thence south along said east right-of-way line 195 feet, thence south 89 east 178 feet to a branch, thence northerly 260 feet along said branch to the intersection of another branch, thence northwesterly along a branch 200 feet to an iron pin, thence north 4930[UNK] west 166 feet, thence east 582 feet to a point on the east right-of-way line of Georgia highway 140, thence southward along the east right-of-way line of Georgia highway 140 885 feet to the south side of Chamlee street or road, thence north 7415[UNK] east along the south side of said street or road 75 feet, thence south 1400[UNK] east 210 feet, thence south 5230[UNK] east 265 feet to the east side of the old Waleska Road, thence northward along the east side of the old Waleska Road 1380 feet to the intersection of an old road from the east, thence north 77 east 200 feet, thence north 13 west 1032 feet to the north line of original land lot No. 168, thence north 90 east 1380 feet to the northeast corner of said land lot 168 (the southwest corner of land lot No. 192), thence north 000[UNK] west along the west line of land lot 192 1320 feet, thence north 90 east 2640 feet to the starting point. Corporate limits. Section 2. This Act is to become effective upon approval by the Governor, and said territory shall immediately become a part of the City of Canton, and all the citizens thereof will be subject to all of the law and ordinances

Page 2015

of said city and the duties and obligations of citizenship, and shall have all of the privileges and benefits thereof from the date of the ratification of this Act by the voters as herein provided, and all property within said annexed area shall be subject to tax by said city in the same manner and to the same extent as citizens and residents of said city residing therein on the present date. Effective date, intent. Section 3. This act ratifies the ordinance of the City of Canton dated December 6, 1962 annexing the territory herein described, and adds and includes the County, State and Federal lands, roads, and highways within said boundary. Intent. 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 the undersigned will introduce in the 1963 Session of the General Assembly of Georgia a bill to amend the charter of the City of Canton to extend the city limits on the north and west side. This 19th day of December, 1962. Dr. Jack Fincher, Senator, 51st Senatorial District. Dr. Grady N. Coker, Representative Post No. 1, Cherokee County, Georgia. Marion T. Pope, Jr., Representative Post No. 2, Cherokee County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marion T. Pope, Jr., 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

Page 2016

organ of said county, on the following dates: December 20, 1962; January 3, 1963; and January 10, 1963. /s/ Marion T. Pope, Jr., Representative, Cherokee County. Sworn to and subscribed before me on this 14th day of January, 1963. /s/ Lucy R. Roper, Notary Public, Georgia, State at Large. My Commission Expires March 16, 1966. (Seal). Approved February 27, 1963. CITY OF CANTONCORPORATE LIMITS, REFERENDUM. No. 12 (House Bill No. 22). An Act incorporating the City of Canton approved August 1, 1922 as amended so as to increase the corporate limits of said city to include therein certain territory in the County of Cherokee contiguous and adjacent to the north side thereof; defining the boundaries of said territory; providing, that when said territory shall become a part of said city, property located in said territory shall be subject to taxation; providing that the citizens of the annexed area shall be subject to the laws, duties and obligations of citizenship, and shall have all the privileges and benefits, thereof; providing for a referendum; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Canton, approved August 1, 1922, as amended is hereby amended to extend the limits of said city by annexing to the present city limits the area adjoining, and on the north side of the

Page 2017

limits fixed by an ordinance of the mayor and council dated December 6, 1962, the area hereby annexed lying and being in the 14th district and 2nd section of Cherokee County, Georgia, and being described as follows: Beginning at the north line of original land lot No. 168 a distance of 1380 feet west from the northeast corner of said land lot 168 at the line of the present city limits and thence running west along said north land lot line 1500 feet, more or less, to and across Cannon Road at the corner of Loyd Payne's lot, thence following the west side of said road southward 223.7 feet to the southeast corner of the Loyd Payne lot at the northeast corner of the land of Jones Mercantile Company, thence west along the north line of Jones Mercantile Company 420 feet, more or less, to Shoal Creek Road, thence south, crossing Shoal Creek Road, thence easterly along the south side of Shoal Creek Road 243 feet to the corner of the Marion T. Pope, Jr. property, the same being the northwest corner of lot No. 3 of the A. L. Coggins Estate subdivision as shown by plat recorded in deed book MM, page 590 of Cherokee County deed records, and being the northeast corner of the property of Rome Craft Company, thence southward along the line between said lot No. 3 and the property of Rome Craft Company 450 feet to the corner of the Brown property, thence eastward along the south line of said lot No. 3 and the Brown property line 290 feet, more or less, to an iron stake at the west side of Etowah Drive, thence straight across Etowah Drive to the present city limits, thence following the east right-of-way line of Etowah Drive and the present city limits northward to the intersection of Shoal Creek Road and Etowah Drive, thence south along the west right-of-way line of Shoal Creek Road 226.8 feet, thence south 58 09[UNK] west 200 feet, thence south 31 51[UNK] east 525 feet, thence north 58 09[UNK] east 250 feet to the east right-of-way line of Shoal Creek Road, thence south along said east right-of-way line 195 feet, thence south 89 east 178 feet to a branch, thence north 260 feet along said branch to the intersection of another branch, thence northwesterly along said other branch 200 feet to an iron pin, thence north 49 30[UNK] west 166 feet, thence east 582 feet along the line of the present city limits to a point on the east right-of-way line of Georgia

Page 2018

Highway 140, thence south along the east right-of-way line of Georgia Highway 140 885 feet to the south side of Chamlee street or road, thence north 74 15[UNK] east along the south side of said street or road 75 feet, thence south 14 east 210 feet, thence south 52 30[UNK] east 265 feet to the east side of the old Waleska Road, thence north along the east side of the old Waleska Road 1380 feet to the intersection of an old road from the east, thence north 77 east 200 feet, thence north 13 west 1032 feet to the north line of the original land lot No. 168, the starting point, said property being bounded on the north by the line of original land lot No. 168, and the Loyd Payne property, and on the west and south by the property of Rome Craft Company and lot No. 4 of the A. L. Coggins Estate subdivision aforesaid, and on the west, south, and east by the present city limits of the City of Canton as described in said ordinance of December 6, 1962, said area proposed to be annexed being shown by a plat made by Lat Ridgway, R. S. on November 5, 1962, and on file at the office of the clerk of the City of Canton. Corporate limits. Section 2. Not less than ten (10) days and not more than sixty (60) days after this Act is approved by the Governor, or otherwise becomes a law, it shall be the duty of the ordinary of Cherokee County to call an election to submit this Act for approval or rejection to the voters of said area of Cherokee County proposed to be annexed to the City of Canton by this Act. All persons who were actually living in said area to be annexed on January 1, 1963, and who reside in said area at the time of the election, who are more than 18 years of age and who would be entitled to register and vote for county officers will be eligible to vote in said election. The ordinary shall cause a notice of said election to be published in two issues of the North Georgia Tribune next before the date of said election. At the time of calling said election the ordinary shall name three persons as managers of said election who are residents of Canton militia district, regardless of any other qualifications for holding elections. Said election is to be held at the Cherokee County courthouse between the hours of 7 o'clock a.m. and 7 o'clock p.m., and said manager shall subscribe an oath prepared by the ordinary to faithfully

Page 2019

discharge their duties as election managers. Said managers shall, on the date of said election, certify the result thereof to the ordinary of Cherokee County. The ballots for holding said election shall have printed thereon For Approval of the Act Extending the Corporate Limits of the City of Canton, Against Approval of the Act Extending the Corporate Limits of the City of Canton with instructions on each ballot for voting so as to clearly indicate whether the voter, in casting the ballot, is voting for or against annexation of said proposed territory. Referendum. If a majority of the votes cast at said election are for the approval of the Act, then said described territory shall become a part of and within the city limits of Canton, but if a majority of those voting in said election vote against approval of said Act, then the city limits of the City of Canton shall remain as existed before the passage of this Act. The entire expense of said election shall be paid by the City of Canton. It shall be the duty of the ordinary of Cherokee County to keep an accurate record of all expenditures which shall be paid upon presentation to the city clerk of Canton. It shall be the duty of the ordinary to forward to the mayor and council of the City of Canton his certification of the results of said election, and forward to the Secretary of the State of Georgia, also, his certification of the results of said election. Section 3. If this Act becomes effective as provided in section 2 hereof by being ratified by the voters of the area proposed to be annexed, the same shall become a part of the City of Canton, and all the citizens thereof will be subject to all of the law and ordinances of said city and the duties and obligations of citizenship, and shall have all of the privileges and benefits thereof from the date of the ratification of this Act by the voters as herein provided, and all property within said annexed area shall be subject to tax by said city in the same manner and to the same extent as citizens and residents of said city residing therein on the present date. Intent. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2020

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marion T. Pope, Jr., 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: December 20, 1962; January 3, 1963; and January 10, 1963. /s/ Marion T. Pope, Jr., Representative, Cherokee County. Sworn to and subscribed before me on this 14th day of January, 1963. /s/ Lucy R. Roper, Notary Public, Georgia, State at Large. My Term Expires March 16th, 1966. (Seal). Notice of Local Legislation. Notice is hereby given that the undersigned will introduce in the 1963 session of the General Assembly of Georgia a bill to amend the charter of the City of Canton to extend the city limits on the north and west side. This 19th day of December, 1962. Dr. Jack Fincher, Senator, 51st Senatorial District. Dr. Grady N. Coker, Representative Post No. 1, Cherokee County, Georgia. Marion T. Pope, Jr., Representative Post No. 2, Cherokee County, Georgia. Approved February 27, 1963.

Page 2021

LONG COUNTYSHERIFF AND DEPUTIES PLACED ON SALARY. No. 14 (House Bill No. 214). An Act to provide that the sheriff and deputy sheriffs of Long County, Georgia, shall be placed upon a salary, plus compensations set forth in the Act below, basis, in lieu of a fee basis; to provide for the compensation to be paid said sheriff and deputy sheriffs; to provide for the fees and monies collected from fines and forfeitures in all cases to be paid over to the board of commissioners of roads and revenues of said county; to provide for the procedure connected with the foregoing; to provide for an effective date of this Act; to repeal all conflicting laws and parts of laws, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows: Section 1. The sheriff of Long County, Georgia, shall be compensated in the amount of seven thousand dollars ($7,000.00) per annum to be paid in equal monthly installments from the funds of Long County, Georgia, plus: (1st.) actual expenses incurred in and outside the limits of Long County including mileage travelled with his personal automobile at ten cents (10[UNK]) per mile, on trips made by said sheriff in the performance of his official duty, and (2nd.) payment by Long County for all advertising expenses incurred in the advertisement of lands levied on under tax fi. fas., where said expenses are not paid from proceeds of a sale of said land so advertised. Said compensation aforesaid shall be in lieu of the fees which said sheriff has heretofore received, and such compensation shall be all-inclusive, and said sheriff shall receive no other compensation for any service he shall perform in any capacity as sheriff, or in any court, except that the salary and compensation as hereinbefore set out shall not include the cost due to the sheriff for collection of delinquent tax executions. Sheriff. Section 2. Be it enacted by the aforesaid authority as follows: That said Long County sheriff shall have the right

Page 2022

and authority to appoint his deputies, not exceeding two in number. Such deputy sheriffs shall be compensated in an amount to be determined by said sheriff and the board of commissioners of roads and revenues of Long County, Georgia, which salary shall not be less than four thousand eight hundred ($4,800.00) dollars per annum, plus one hundred dollars ($100.00) per month as subsistence and ten cents (10) per mile for all mileage driven in and outside of Long County by said deputies while in the performance of their official duties in their personal automobiles, to cover the depreciation of, actual expenses of the operation and in repairing of said deputies' personal automobiles. Said salary shall be paid in twelve equal monthly installments, and such subsistence shall be paid monthly, all from the funds of said Long County. Deputy sheriffs. Section 3. Be it further enacted by the aforesaid authority. That all fees, costs of court, commissions, allowances or other perquisite of whatever kind which has heretofore been received by said sheriff shall be paid into the clerk's office of the Superior Court of Long County, Georgia, and said clerk shall then immediately turn over said funds to the clerk of the board of commissioners of roads and revenues of Long County, along with a detailed itemized statement showing the source from which each item has been collected. Fees. Section 4. All salaries and monies due and payable to the said sheriff and deputy sheriffs shall be paid from the said funds as deposited by the clerk of the board of commissioners of roads and revenues and from no other funds of said county. Salaries from fees. Section 5. Be it further enacted by the authority aforesaid, That this act shall become effective on the first day of the month following the month in which it was approved or otherwise became a law. Effective date. Section 6. Be it further enacted by the authority aforesaid. That all laws and parts of law in conflict with this Act be, and the same are hereby repealed.

Page 2023

Section 7. Be it further enacted by the authority aforesaid, that legal notice of the intention to introduce this Act in the General Assembly of Georgia, was duly published in The Ludowici News, the official newspaper in which Sheriff's advertisements for Long County are published, in the three issues thereof of January 4, 1963; January 11, 1963, and January 18, 1963, as shown by the affidavit of the author hereof attached and subjoined. Affidavit. Georgia, Long County. I, J. T. Shaw, Representative in the General Assembly of Georgia and the author of the above and foregoing Act, who, being duly sworn, says on oath that the following advertisement was published in The Ludowici News in its three issues of January 4, 1963; January 11, 1963; and January 18, 1963, to-wit: Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1963 session of the General Assembly of Georgia, a bill to place the sheriff of Long County, Georgia, on a salary basis in lieu of all fees; and for other purposes. This January 21, 1963. /s/ J. Tyron Shaw, Representative, Long County. Sworn to and subscribed before me, January 21, 1963. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved February 28, 1963.

Page 2024

COWETA COUNTYSALARY ALLOWANCE FOR SHERIFF'S DEPUTIES AND JAILERS. No. 15 (House Bill No. 262). An Act to amend an Act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, approved March 17, 1960 (Ga. L. 1960, p. 3028), as amended, so as to change the salary allowance of the sheriff's deputies and jailers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, approved March 17, 1960 (Ga. L. 1960, p. 3028), as amended, is hereby amended by striking from section 2 the symbol and figures $15,500.00 and substituting in lieu thereof the symbol and figures $25,500.00, so that when so amended section 2 shall read as follows: Section 2. The sheriff of Coweta County shall be compensated in the sum of $15,000.00 per annum, payable in equal monthly installments from the funds of Coweta County. The sheriff shall appoint such deputy or deputies as may be necessary to efficiently perform the duties of his office and set their compensation which shall be paid from the funds of Coweta County; provided that said county shall not be liable for a sum for the salaries of deputies and jailers in excess of $25,500.00 per annum, and no deputy shall be compensated in a sum in excess of $500.00 per month. Coweta County shall provide all necessary supplies and equipment needed for the office of sheriff. Said county shall also furnish the sheriff at least three (3) automobiles and shall pay for all gasoline, oil, maintenance and repair costs. Such automobiles shall be replaced when necessary but must be replaced upon being driven 50,000 miles. Provided, however, that in the event that Coweta County shall not maintain a county police force, then said

Page 2025

county shall be liable for an additional sum for the salaries and deputies and jailers in an amount not to exceed $4,800.00 per annum, and shall also furnish the sheriff at least one additional automobile. The sheriff shall have complete control and authority over the administration and supervision of the county jail, including employment of a jailer, but necessary upkeep and maintenance expenses for said jail shall be borne by Coweta County. The sheriff shall be authorized to receive the fees provided by law for the feeding of prisoners. 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, 1963, session of the General Assembly of Georgia, a bill to amend the budget of the office of the sheriff of Coweta County, Georgia; and for other purposes. This 31st day of December, 1962. Henry N. Payton, Representative, Coweta County. 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 Times Herald, which is the official organ of said county, on the following dates: Jan. 3, 10 and 17, 1963. /s/ Henry N. Payton, /s/ D. B. Blalock, Representatives, Coweta County.

Page 2026

Sworn to and subscribed before me, this 13th day of February, 1953. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 1st, 1963. COWETA COUNTYCLERICAL ALLOWANCE FOR OFFICE OF ORDINARY. No. 16 (House Bill No. 263). An Act to be amend an Act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, approved March 17, 1960 (Ga. L. 1960, p. 3028), as amended by an Act approved January 27, 1961 (Ga. L. 1961, p. 2026), so as to change the clerical expense authorization for the office of the ordinary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the compensation of the sheriff, the ordinary, and the clerk of the superior court of Coweta County from the fee system to the salary system, approved March 17, 1960 (Ga. L. 1960, p. 3028), as amended by an Act approved January 27, 1961 (Ga. L. 1961, p. 2026), is hereby amended by striking from section 3 the symbol and figures $3,000.00 and substituting in lieu thereof the symbol and figures $3,600.00, so that when so amended section 3 shall read as follows: Section 3. The ordinary of Coweta County shall be compensated in the sum of $7,800.00 per annum, payable in equal monthly installments from the funds of Coweta County. The ordinary shall hire such clerical help and deputies as shall be necessary to efficiently perform the duties

Page 2027

of his office and set the compensation therefor which shall be paid from the funds of Coweta County; provided that said county shall not be liable for a sum in excess of $3,600.00 per annum for such clerical help. Coweta County shall furnish all necessary office supplies and equipment essential to the operation of the office of ordinary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1963 session of the General Assembly of Georgia a bill to amend the budget of the office of Ordinary of Coweta County, Georgia to increase the same from $3,000.00 to $3,600.00; and for other purposes. This 17th day of January 1963. H. N. Payton, D. B. Blalock, Representatives, Coweta County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry N. Payton, who, on oath, deposes and says that he is Representative from Coweta County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Newnan Times Herald, which is the official organ of said county, on the following dates: January 24 and 31, and February 7, 1963. /s/ Henry N. Payton, Representative, Coweta County.

Page 2028

Sworn to and subscribed before, me, this 13th day of February, 1963. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 1st, 1963. CITY OF NEWNANSALARIES OF MAYOR, ALDERMEN AND COMMISSIONERS. No. 17 (House Bill No. 264). An Act to amend an Act entitled An Act creating a new charter for the City of Newnan in the County of Coweta., approved December 8, 1893 (Ga. L. 1893, p. 272), as amended, particularly by an Act approved August 6, 1904 (Ga. L. 1904, p. 549), an Act approved August 17, 1911 (Ga. L. 1911, p. 1422), and an Act approved March 24, 1941 (Ga. L. 1941, p. 1680), so as to increase the compensation of the mayor and members of the board of aldermen and the water, sewerage and light commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act creating a new charter for the City of Newnan in the County of Coweta., approved December 8, 1893 (Ga. L. 1893, p. 272), as amended, particularly by an Act approved August 6, 1904 (Ga. L. 1904, p. 549), an Act approved August 17, 1911 (Ga. L. 1911, p. 1422), and an Act approved March 24, 1941 (Ga. L. 1941, p. 1680), is hereby amended by striking from section 19 the symbol and figures $500.00 and $100.00 and substituting in lieu thereof the symbol and figures $1,000.00 and $600.00 respectively, so that when so amended section 19 shall read as follows:

Page 2029

Section 19. Be it further enacted, that the mayor and aldermen shall have power and authority, and it shall be their duty to fix the salary of the mayor and aldermen, and of all other officers, agents and employees of said city, not herein before mentioned, and provided for; provided, that the salary of the mayor shall not exceed $1,000.00 per annum, and the salary of the aldermen shall not exceed $600.00 per annum; provided further, that the mayor and aldermen, may in their discretion, provide extra compensation for the chairman of the street committee not to exceed $200.00 per annum and provided further that the mayor and aldermen, in their discretion, may provide extra compensation for the mayor pro tem. of said city. Mayor and aldermen. Section 2. Said Act is further amended by striking from section 4 of the amendatory Act, approved August 6, 1904 (Ga. L. 1904, p. 549), the words twenty-five dollars and substituting in lieu thereof the words six hundred dollars, so that when so amended said section shall read as follows: Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the same, That each of said commissioners shall receive six hundred dollars per annum for their services, and no more. 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 February 1963 session of the General Assembly of Georgia, a bill to amend the provisions of the charter of the City of Newnan relating to compensation for Mayor and Aldermen and members of the Water, Sewerage and Light Commission of the City of Newnan; and for other purposes. This 23rd day of January, 1963. D. B. Blalock, Henry N. Payton, Representatives, Coweta County.

Page 2030

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry N. Payton, who, on oath, deposes and says that he is Representative from Coweta County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Newnan Times Herald, which is the official organ of said county, on the following dates: January 24 and 31, and February 7, 1963. /s/ Henry N. Payton, Representative, Coweta County. Sworn to and subscribed before me, this 11th day of February, 1963. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 1st, 1963. CITY OF SYLVANIANEW CHARTER. No. 18 (House Bill No. 393). An Act to incorporate and to grant a new charter to the City of Sylvania; 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

Page 2031

of all officers; to provide for the 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 tempore; 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; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Incorporation, name and style . The City of Sylvania, in Screven County, Georgia, is hereby incorporated as a city under the name and style of the City of Sylvania, hereinafter referred to as the city.

Page 2032

Section 2. Continuation of existing laws, rights and liabilities . All ordinances and resolutions of said city not inconsistent 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 Sylvania, Screven 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 mile from the center of the county courthouse in the City of Sylvania. 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

Page 2033

of any or all of its buildings, parks or other real estate for a fair and adequate consideration. 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. Erect, establish, and operate all facilities including lines, mains, pipes, machinery, plants, and structures necessary for the maintenance and operation of such utilities, including the repair and replacement of the same. (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 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,

Page 2034

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, 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/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

Page 2035

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, 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

Page 2036

prevent their use for business, or regulate business use by taxation and otherwise, including the right to impose a reasonable license tax for use of streets for business purposes; to prevent stock and poultry from running at large, and to seize and impound any domestic or wild animal or fowl found at large within the city limits; and to provide by proper ordinance for the redemption or sale of the same; and to adopt such ordinances as may be considered necessary to carry out the provisions of this Act. (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.

Page 2037

(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 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) 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 unequivo-cably to the city. (t) Impose and collect a license and a tax on dogs within the city in such a manner and mode as it may deem best. (u) License electricians, plumbers, contractors and others and to require examinations as conditions precedent to granting of such license; create examining boards and prescribe by ordinance the minimum requirements in such examinations, and to appoint the members of such boards.

Page 2038

(v) 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. (w) 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. (x) 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 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

Page 2039

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 expenses 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 Screven 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 Sylvania 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 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

Page 2040

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 tempore (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 Screven County for trial as in other cases of affidavit of illegality; provided bond shall be made as in other cases of illegality. Such sale shall have the same force and effect as a sheriff's or constable's sale of similar property, and the officer making such sale shall have the same power as a sheriff to put purchasers in possession. Whenever at any such sale no one present shall offer as much for the property levied upon

Page 2041

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 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

Page 2042

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 facilities 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 against the property served by said utilities and services; said lien shall 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,

Page 2043

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 . The office of mayor and three seats on the city council, presently filled by a mayor and councilmen whose terms expire on December 31, 1963, shall be filled for an initial period of three years or until December 31, 1966, in an election to be held on Thursday after the first Monday in December, 1963, and thereafter said three council seats and the office of mayor shall be filled by elections for terms of four years. The three seats on the city council, the terms of which expire on December 31, 1964, shall be filled by an election to be held on Thursday after the first Monday in December, 1964, for four year terms all of which shall expire on December 31, 1968. Mayor and councilmen. After the expiration of the terms of three members of the city council and the mayor all of which terms shall expire on December 31, 1966, all seats on the city council shall then be filled by election for a term of four years for the mayor and all city councilmen. 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

Page 2044

municipal election. Provided, however, that should a vacancy occur in the office of mayor from one of the above causes, the mayor pro tem. shall assume all of the duties of the office of mayor until the vacancy is filled by the election aforesaid. Section 24. Qualifications of mayor and councilmen; oath. (a) No person shall be eligible to qualify or hold 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 voter in the municipal elections for officers of 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 Sylvania, Screven 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 qualified voter in the municipal elections for officers of the City of Sylvania; further that I am not indebted to the City of Sylvania for any tax which is more than twelve months past due; so help me God. Section 25. Oath of office . On January 1, or within 10 days thereafter 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 Sylvania 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.

Page 2045

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 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 six hundred dollars per annum nor more than eighteen hundred dollars; the salary of the recorder shall be not less than three hundred nor more than twelve hundred dollars per annum; and the salary of the councilmen shall be not less than three hundred, nor more than nine hundred dollars per annum, which amounts shall not be increased or diminished during the terms of office.

Page 2046

Section 28. Mayor Pro Tempore; election of; duties; etc. At the first regular meeting after election and organization, the council shall elect some one of their number as mayor pro tempore who shall preside over their body in the absence of the mayor and shall be clothed with all the rights and powers of the mayor during the absence of the mayor. Before entering upon any of the duties as such mayor pro tempore, he shall take such oath as the council shall prescribe for the faithful discharge of his duties; in the event of the absence of both the mayor and mayor pro tempore, the council shall elect a chairman from their body who shall be clothed with all the rights and powers of the mayor and shall serve during the absence of both the said mayor and mayor pro tempore upon his taking the same oath as mayor. In case of the death, resignation, removal, or disqualification of the mayor, the mayor pro tempore upon taking the oath as mayor shall serve as mayor with all the rights, powers and duties of the latter officer. 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 clerk, treasurer, tax collector, a tax receiver, a chief of police and as many other regular policemen as the city council may deem proper to elect, a recorder, a city physician, a city attorney, a superintendent of lights, 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 upon the discharge of their duties shall give bond and take and subscribe an oath to discharge the duties of the office to which he has been elected. Section 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

Page 2047

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 mayor and members of the 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. Section 32. 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 33. 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

Page 2048

or all of said penalties may be imposed at the discretion of the recorder's court. Section 34. 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 shall be counted as votes in favor of the measure under consideration and amounts to its adoption. Section 35. Ordinances, by-laws, rules and regulations, passage for good order, peace, health and general welfare . The said mayor and council shall have the authority to make and pass such ordinances, by-laws, rules and regulations for the government of said city as may be necessary and proper to carry into effect the powers herein enumerated and to provide for the good order, peace, health and general welfare of said citizens of said city as the mayor and council may deem proper and necessary, being also authorized to appoint such committees of counsel as may be necessary and such boards, bureaus and officials as may be necessary to carry into effect the powers herein granted. The said mayor and council shall also have the power and authority to appropriate and pay out such funds as may be necessary for carrying into effect the powers above granted. Section 36. 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 37. ImpeachmentCauses . If the mayor or any member of the city council of said city shall be guilty of malpractice, willful 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.

Page 2049

Section 38. 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. The city recorder shall preside in all impeachment trials unless he is disqualified, in which case the presiding judge of the Superior Court of Screven 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 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 . Soliciting charity or relief campaigns within the city shall be subject to ordinance regulation by the city council. Section 41. Regulating the sale, storage and keeping of inflammables and explosives . The mayor and council shall regulate by ordinances the sale, storage and keeping of gasoline, kerosene, gunpowder, dynamite, nitroglycerine and other inflammable or explosive materials within the city limits.

Page 2050

Section 42. 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 43. 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 44. 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, 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 45. 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

Page 2051

trials and to fix bonds of all persons tried before him to answer for their appearance at Screven 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 46. 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 42. The chief of police or policeman may call sheriffs and their deputies, constables, and other state or counties' officers for assistance, in the arrest, detention, investigation and conviction of offenders. Section 47. Appearance bonds . The mayor and city council of Sylvania 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 48. Election for mayor and council . On Thursday after the first Monday in December of each even numbered year, except as set out in section 22, there shall be held in the City of Sylvania at some public place designated by the mayor and councilmen, a general election to fill vacancies in the offices of mayor and councilmen, whose terms of office shall be for four years concurrent with the calendar

Page 2052

year. 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 in the City of Sylvania at the public place designated by the mayor and councilmen 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 Screven 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 members of the General Assembly, except that only two lists of voters and two tally sheets shall be kept. Section 49. 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 50. 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

Page 2053

the seals thereof and delivered immediately after the completion of the election (and the counting of the ballots) to the ordinary of Screven 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 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 interference 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. 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 one-half the cost of so paving or otherwise improving the sidewalks, including all necessary

Page 2054

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 50, but only on the side of the street on which such improvements are made, if on one side only. One-third of the cost of street construction may be assessed against abutting real estate and owners thereof on one side of such street, and one-third against abutting real estate and the owners thereof on the other side, the city paying the remaining third. In real estate subdivisions all street construction costs shall be assessed against the abutting real estate and owners thereof. Cost of maintenance and repair of all city streets shall be paid out of the city treasury, except in special cases provided for by 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

Page 2055

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 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 persons, firms and corporations within and without the corporate limits of said city, and to charge for the same; to purchase electrical current from any source, either within or without the city limits; 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.

Page 2056

(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 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 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; 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. Section 59. Fiscal year . The fiscal year of and for the city shall be from the first day of January through the thirty-first day of December of each year.

Page 2057

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. Section 61. Transfer of funds . After the budget has been adopted, the mayor and council may transfer or reallocate funds, with the exceptions 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. 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. Section 64. 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

Page 2058

value of real estate, stock and trade, and all other property therein that may at the time 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. Section 65. City Tax Assessors; returns of assessments, etc.; appeals . The mayor and council shall annually appoint three disinterested freeholders, who shall be discreet, upright persons, citizens and qualified voters of said city, and owners of real estate therein, as city tax assessors, whose term of office shall be one year, and who shall be sworn to assess the real and personal property, including notes, bonds, accounts, and every other species of property of said city at a fair market value, according to the best of their skill and knowledge. The mayor and council shall have authority to prescribe rules for the government of said assessors. Said assessors shall make returns of the assessments made by them to the said mayor and council each year, thirty days before the time for collecting taxes. When said return has been made, said mayor and council shall appoint a place and time for hearing objections to the assessments, said objections to be heard by said mayor and council, of which public notice shall be given as may be prescribed by ordinances, and the recorder shall give each owner of property whose tax returns have been increased at least five days' notice of such hearing, stating therein the amount of such increase. If the property has been given in by an agent, executor, administrator or guardian notice to such agent, executor, administrator or guardian shall be sufficient. If the owner is not a resident of said city and has no agent residing therein, the mayor and council shall prescribe by ordinance what notice, if any, shall be given. Said mayor and council shall have the power to provide by ordinance for assessing all property, both real and personal, not returned for taxation, and for double taxing defaulters. Such city tax assessors shall take such oath and receive such compensation as the mayor and council shall prescribe. Such city tax assessors shall have the power to require all taxpayers in said city to furnish them

Page 2059

with a list of all notes, accounts, mortgages, stocks, bonds and other securities and investments, when in their opinion their production is necessary for a correct and true assessment. All assessments made by said assessors shall become final if no objection is made on or before the time set for a hearing of objections by the mayor and council, noticesuch as the mayor and council may, by ordinance, prescribehaving been given of such hearing; and if no objection is made at the said hearing to any assessment, the decision of the mayor and council, on the hearing of subjects, may increase or decrease the assessment as made by the city tax assessors, and in all cases the decision of the mayor and council is final; the said board of assessors, as well as the mayor and council, shall have authority to punish for a contempt any person failing or refusing to furnish any of the evidences of investment, such as notes, accounts, stocks, bonds and mortgages heretofore set out. Section 66. Defaulters, back taxes, double taxing defaulters . That in case any property which is subject to taxation was not assessed, or for any reason has not been assessed in any past year, the city tax assessors may, at any time, assess said property for said year or years, and double tax it if there has been a failure to return it for taxation as required by law, and if the mayor and council have provided for double taxing of defaulters, execution shall then issue therefor, as in other cases, at the rate obtaining the several years in which no taxes were paid. This Section shall apply to the assessment of property which before the passage of this Act in any year was not assessed for taxation, or was not returned for taxation and taxes collected thereon, as well as to property which in the future may be omitted for any cause from return or assessment, and the collection of taxes omitted in any year. The mayor and council 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. All assessments referred in this section shall be made by the city tax assessors. Section 67. License tax, authority to levy, etc . The mayor and council shall have full power and authority to license, regulate, control or prohibit theatrical exhibitions,

Page 2060

merry-go-rounds, circuses, dance halls, skating rinks, shows and exhibitions of all kinds, drays, automobiles, jitneys, 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, tenyards, 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 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 engaged 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 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 68. Executions; fi. fas. In all cases where any

Page 2061

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 Screven 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 69. Authority to adopt codes . The city council is hereby authorized to adopt, or incorporate by reference in an adopting ordinance, any code relating to a subject in regard to which the city council has authority to legislate. Code as used in this section means a printed or otherwise reproduced compilation of rules and regulations which have been prepared by a technical trade association or group, and shall include, but without being limited to, the following: building codes, plumbing codes, electrical codes, health or sanitation codes, fire prevention codes, together with any other codes embracing rules or regulations pertaining to subjects which are proper municipal legislative matters. Prior to the adoption or incorporation by reference of any such code, at least there (3) copies of same shall be filed in the office of the city clerk and shall remain there on file subject to public inspection so long as such code remains in effect. Any penalty clauses contained in such codes may not be adopted by reference, but shall be set forth in full in the adopting ordinance. Amendments to or revisions of such codes may be adopted

Page 2062

or incorporated by reference in the same manner as authorized for their original adoption. The city council is hereby authorized to appoint officers, boards and commissions to administer and enforce codes adopted under authority of this section. Section 70. 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 71. 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, including the mayor and council themselves, with which to pay the premium for life, health, 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.

Page 2063

Section 72. 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 73. 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 74. 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 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 75. 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 76. Existing ordinances preserved . This Act shall not abolish any of the ordinances now in effect in said city except where they are in conflict with the provisions of this Act, but the same shall be preserved and continued. Section 77. Repealer Clause . An Act incorporating the town of Sylvania in the County of Scriven (now Screven)

Page 2064

approved February 20, 1854 (Ga. L. 1853-54, p. 270), is hereby repealed in its entirety. Section 78. Repealer Clause . An Act incorporating the towns of Sylvania and Scarboro in the County of Scriven (now Screven), and to amend the charter of the City of Atlanta approved December 19, 1859 (Ga. L. 1859, p. 204), is hereby repealed in its entirety insofar as the same pertains to, relates to and incorporates the towns of Sylvania and Scarboro. Section 79. Repealer Clause . An Act incorporating the town of Sylvania in the County of Screven (formerly Scriven approved December 7, 1866 (Ga. L. 1866, p. 198), is hereby repealed in its entirety. Section 80. Repealer Clause . An Act incorporating the town of Sylvania in the County of Screven (formerly Scriven) and conferring certain powers upon said town approved February 20, 1875 (Ga. L. 1875, p. 186), is hereby repealed in its entirety. Section 81. Repealer Clause . An Act incorporating the town of Sylvania as the City of Sylvania in the County of Screven (formerly Scriven) approved December 12, 1902 (Ga. L. 1902, p. 636), is hereby repealed in its entirety. Section 82. Repealer Clause . An Act to amend, consolidate and supersede the several acts incorporating the City of Sylvania (formerly town of Sylvania) in the County of Screven (formerly Scriven) and creating a new charter and municipal government for said City approved August 17, 1909 (Ga. L. 1909, p. 1390), as amended by an Act approved August 17, 1925 (Ga. L. 1925, p. 1477), an Act approved February 11, 1937 (Ga. L. 1937, p. 2101), an Act approved February 20, 1945 (Ga. L. 1945, p. 692), an Act approved March 6, 1945 (Ga. L. 1945, p. 858) and an Act approved February 8, 1955 (Ga. L. 1955, p. 2108), is hereby repealed in its entirety. Section 83. Repealer Clause . An Act to establish a system of public schools for Sylvania, Georgia, approved August 17, 1908 (Ga. L. 1908, p. 928), is hereby repealed in its entirety.

Page 2065

Section 84. Repealer Clause . An Act establishing a system of public schools for the Sylvania school district approved March 6, 1945 (Ga. L. 1945, p. 911), is hereby repealed in its entirety. Section 85. Severability Clause . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 86. Repealer Clause . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. Notice is hereby given that there will be introduced during the 1963 session of the General Assembly of Georgia an Act to repeal an Act incorporating the City of Sylvania, Screven County, Georgia, approved February 20, 1854 as amended; to reincorporate and to grant a new charter to the City of Sylvania; 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; to repeal existing charters and amendments thereto; and such other Acts as may be in conflict with said new charter, and for other purposes. January 16, 1963. H. Walstein Parker, Representative Screven County, Georgia

Page 2066

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Walstein Parker, who, on oath, deposes and says that he is Representative from Screven County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Screven County News, which is the official organ of said county, on the following dates: Jan. 10, 17, and 24, 1963. /s/ H. Walstein Parker, Representative, Screven County. Sworn to and subscribed before me, this 20th day of February, 1963. /s/ Patricia Anne Bowen, Notary Public. (Seal). Approved March 1st, 1963. BARTOW COUNTYSALARIES OF SHERIFF, DEPUTIES, ETC.REFERENDUM. No. 19 (House Bill No. 78). An Act to amend an Act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the superior court and the ordinary of such county, approved March 21, 1958 (Ga. L. 1958, p. 2866), so as to provide for a change in compensation for the sheriff's deputies; to provide compensation for the jailer; to provide that the county pay all operating expenses of the county jail; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the

Page 2067

superior court and the ordinary of such county, approved March 21, 1958 (Ga. L. 1958, p. 2866), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof the following: Section 2. The sheriff of Bartow County shall be compensated in the amount of eight thousand ($8,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the sheriff. The sheriff shall appoint two (2) deputies, who shall be compensated in the amount of five thousand two hundred ($5,200.00) dollars each per annum, to be paid in equal monthly installments from the funds of Bartow County. The sheriff shall be paid one thousand two hundred ($1,200.00) dollars per annum for a cook. The jailer shall be compensated in the amount of three thousand nine hundred ($3,900.00) dollars per annum, to be paid in equal monthly installments from the funds of Bartow County. All operating expenses of the county jail shall be paid from the funds of Bartow County. The sheriff shall be paid eight (8) cents per mile as mileage expenses for automobiles used by the sheriff's office in the performance of the duties thereof. Such mileage allowance shall be paid upon presentation of a certified, itemized expense account by the sheriff presented to the commissioner of roads and revenues of Bartow County. Section 2. Not less than ten (10) nor more than thirty (30) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Bartow County to issue the call for an election for the purpose of submitting this Act to the voters of Bartow County for approval or rejection. The ordinary shall set the date of such election for a day not less than twenty (20) nor more than thirty (30) days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bartow County. The ballot shall have written or printed thereon the words:

Page 2068

For approval of the Act to change the compensation of the sheriff's deputies; provide compensation for the jailor; and provide that operating expenses of jail be paid by the county. Against approval of the Act to change the compensation of the sheriff's deputies; provide compensation for the jailor; and provide that operating expenses of jail be paid by the county. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Bartow County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. If approved as provided in section 2, this Act shall become effective on the first day of the following month. Effective date. Section 4. 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 1963 Session of the General Assembly of Georgia, a bill to fix the compensation for clerical help in the office of Bartow County tax commissioner, ordinary, commissioner of roads and revenues and clerk of superior court; to fix the salary of the clerk of the commissioner of roads and revenues, deputy clerk of the tax commissioner, deputy sheriffs to the sheriff's office, salary of the jailer, deputy clerk of Bartow Superior Court; to increase the number of deputy

Page 2069

sheriffs and to provide that Bartow County shall pay the operating expenses of the county jail; to provide that Bartow County shall furnish, maintain, equip and pay the operating expenses of the automobiles used by the sheriff's office in performance of the duties thereof; to provide that the county shall furnish uniforms required for the sheriff's deputies; to adjust the salaries of the five elected county officials effective January 1, 1965; and for other purposes. This the 26th day of December, 1962. /s/ William B. Greene /s/ J. R. Cullens Representatives from Bartow County, Georgia. Notice. Notice is hereby given that there will be introduced in the 1963 Session of the General Assembly of Georgia, a bill to fix the compensation for clerical help in the office of Bartow County tax commissioner, ordinary, commissioner of roads and revenues and clerk of superior court; to fix the salary of the clerk of the commissioner of roads and revenues, deputy clerk of the tax commissioner, deputy sheriffs to the sheriff's office, salary of the jailer, deputy clerk of Bartow Superior Court; to increase the number of deputy sheriffs and to provide that Bartow County shall pay the operating expenses of the county jail; to provide that Bartow County shall furnish, maintain, equip and pay the operating expenses of the automobiles used by the sheriff's office in performance of the duties thereof; to provide that the county shall furnish uniforms required for the sheriff's deputies; to adjust the salaries of the five elected county officials effective January 1, 1965; and for other purposes. This the 26th day of December, 1962. William B. Greene J. R. Cullens Representative from Bartow County, Georgia.

Page 2070

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized 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 The Tribune News The Bartow Herald, which is the official organ of said county, on the following dates: Dec. 27, 1962-Jan. 3, 1963 Jan. 10, 1963. /s/ Wm. B. Greene, Representative, Bartow County. Sworn to and subscribed before me, this 22nd day of January, 1963. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission Expires Mar. 17, 1964. (Seal). Approved March 1st, 1963. BARTOW COUNTYSALARY OF DEPUTY CLERK SUPERIOR COURTREFERENDUM. No. 20 (House Bill No. 79). An Act to amend an Act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the superior court and the ordinary of such county, approved March 21, 1958 (Ga. L. 1958, p. 2866), so as to change the compensation of the deputy clerk of the superior court; to change the compensation received by the clerk of the superior court for clerical help; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2071

Be it enacted by the General Assembly of Georgia: Section 1. An Act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the superior court and the ordinary of such county, approved March 21, 1958 (Ga. L. 1958, p. 2866), is hereby amended by striking from section 3 the words and figures forty eight hundred (4,800.00) and inserting in lieu thereof the words and figures fifty two hundred (5,200.00), so that when so amended section 3 shall read as follows: Section 3. The clerk of the superior court shall be compensated in the amount of eight thousand ($8,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the clerk of the superior court. The clerk shall appoint one (1) deputy, who shall be compensated in the amount of fifty two hundred ($5,200.00) dollars per annum, to be paid in equal monthly installments from the funds of Bartow County. The clerk shall receive the sum of fifty six hundred ($5,600.00) dollars per annum from the funds of Bartow County for the purpose of paying clerical help. Section 2. Not less than ten (10) nor more than thirty (30) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Bartow County to issue the call for an election for the purpose of submitting this Act to the voters of Bartow County for approval or rejection. The ordinary shall set the date of such election for a day not less than twenty (20) nor more than thirty (30) days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bartow County. The ballot shall have written or printed thereon the words: For approval of the Act to change the compensation of the deputy clerk of the superior court; and to change the compensation received by the clerk of the superior court for clerical help.

Page 2072

Against approval of the Act to change the compensation of the deputy clerk of the superior court; and to change the compensation received by the clerk of the superior court for clerical help. 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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Bartow County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. If approved as provided in section 2, this Act shall become effective on the first day of the following month. Effective date. Section 4. 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 1963 Session of the General Assembly of Georgia, a bill to fix the compensation for clerical help in the office of Bartow County tax commissioner, ordinary, commissioner of roads and revenues and clerk of superior court; to fix the salary of the clerk of the commissioner of roads and revenues, deputy clerk of the tax commissioner, deputy sheriffs to the sheriff's office, salary of the jailer, deputy clerk of Bartow Superior Court; to increase the number of deputy sheriffs and to provide that Bartow County shall pay the operating expenses of the county jail; to provide that Bartow County shall furnish, maintain, equip and pay the operating expenses of the automobiles used by the Sheriff's office in

Page 2073

performance of the duties thereof; to provide that the county shall furnish uniforms required for the sheriff's deputies; to adjust the salaries of the five elected county officials effective January 1, 1965; and for other purposes. This the 26th day of December, 1962. /s/ William B. Greene /s/ J. R. Cullens Representatives from Bartow County, Georgia. Notice. Notice is hereby given that there will be introduced in the 1963 Session of the General Assembly of Georgia, a bill to fix the compensation for clerical help in the office of Bartow County tax commissioner, ordinary, commissioner of roads and revenues and clerk of superior court; to fix the salary of the clerk of the commissioner of roads and revenues, deputy clerk of the tax commissioner, deputy sheriffs to the sheriff's office, salary of the jailer, deputy clerk of Bartow Superior Court; to increase the number of deputy sheriffs and to provide that Bartow County shall pay the operating expenses of the county jail; to provide that Bartow County shall furnish, maintain, equip and pay the operating expenses of the automobiles used by the Sheriff's office in performance of the duties thereof; to provide that the county shall furnish uniforms required for the sheriff's deputies; to adjust the salaries of the five elected county officials effective January 1, 1965; and for other purposes. This the 26th day of December, 1962. William B. Greene, J. R. Cullens, Representatives from Bartow County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William B.

Page 2074

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 The Bartow Herald, which is the official organ of said county, on the following dates: Dec. 27, 1962 - January 3, 1963, January 10, 1963. /s/ Wm. B. Greene, Representative, Bartow County. Sworn to and subscribed before me, this 22nd day of January, 1963. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large My Commission expires Mar. 17, 1964. (Seal). Approved March 1st, 1963. BARTOW COUNTYCLERICAL HELP FOR ORDINARYREFERENDUM. No. 21 (House Bill No. 80). An Act to amend an Act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the superior court and the ordinary of such county, approved March 28, 1958 (Ga. L. 1958, p. 2866), so as to change the compensation received by the ordinary for clerical help; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the superior court and the ordinary of such county, approved March 28, 1958 (Ga. L. 1958, p. 2866), is hereby amended

Page 2075

by striking from section 4 the words and figures eighteen hundred (1,800.00) and inserting in lieu thereof the words and figures thirty six hundred (3,600.00), so that when so amended section 4 shall read as follows: Section 4. The ordinary shall be compensated in the amount of six thousand ($6,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Bartow County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the ordinary. The ordinary shall receive the sum of thirty six hundred ($3,600.00) dollars per annum from the funds of Bartow County for the purpose of paying clerical help. Section 2. Not less than ten (10) nor more than thirty (30) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Bartow County to issue the call for an election for the purpose of submitting this Act to the voters of Bartow County for approval or rejection. The ordinary shall set the date of such election for a day not less than twenty (20) nor more than thirty (30) days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bartow County. The ballot shall have written or printed thereon the words: Referendum. For approval of the Act to change the compensation received by the ordinary for clerical help. Against the approval of the Act to change the compensation received by the ordinary for clerical help. 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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Bartow County. It shall be the

Page 2076

duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. If approved as provided in section 2, this Act shall become effective on the first day of the following month. Effective date. Section 4. 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 1963 Session of the General Assembly of Georgia, a bill to fix the compensation for clerical help in the office of Bartow County tax commissioner, ordinary, commissioner of roads and revenues and clerk of superior court; to fix the salary of the clerk of the commissioner of roads and revenues, deputy clerk of the tax commissioner, deputy sheriffs to the sheriff's office, salary of the jailer, deputy clerk of Bartow Superior Court; to increase the number of deputy sheriffs and to provide that Bartow County shall pay the operating expenses of the county jail; to provide that Bartow County shall furnish, maintain, equip and pay the operating expenses of the automobiles used by the sheriff's office in performance of the duties thereof; to provide that the county shall furnish uniforms required for the sheriff's deputies; to adjust the salaries of the five elected county officials effective January 1, 1965; and for other purposes. This the 26th day of December, 1962. /s/ William B. Greene, /s/ J. R. Cullens, Representatives from Bartow County, Georgia.

Page 2077

Notice. Notice is hereby given that there will be introduced in the 1963 Session of the General Assembly of Georgia, a bill to fix the compensation for clerical help in the office of Bartow County tax commissioner, ordinary, commissioner of roads and revenues and clerk of superior court; to fix the salary of the clerk of the commissioner of roads and revenues, deputy clerk of the tax commissioner, deputy sheriffs to the sheriff's office, salary of the jailer, deputy clerk of Bartow Superior Court; to increase the number of deputy sheriffs and to provide that Bartow County shall pay the operating expenses of the county jail; to provide that Bartow County shall furnish, maintain, equip and pay for the operating expenses of the automobiles used by the sheriff's office in performance of the duties thereof; to provide that the county shall furnish uniforms required for the sheriff's deputies; to adjust the salaries of the five elected county officials effective January 1, 1965; and for other purposes. This the 26th day of December, 1962. William B. Greene, J. R. Cullens, Representatives from Bartow County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized 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 The Bartow Herald, which is the official organ of said County, on the following dates: Dec. 27, 1962 - Jan. 3, 1963 and Jan. 10, 1963. /s/ William B. Greene, Representative, Bartow County, Georgia.

Page 2078

Sworn to and subscribed before me, this 22nd day of January, 1963. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large My Commission expires Mar. 17, 1964. (Seal). Approved March 1st, 1963. BARTOW COUNTYCLERICAL EXPENSE OF COMMISSIONER OF ROADS AND REVENUESREFERENDUM. No. 22 (House Bill No. 81). An Act to amend an Act creating the office of commissioner of roads and revenues of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 2984), so as to change the compensation received by the commissioner for clerical help; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenues of Bartow County, approved July 28, 1924 (Ga. L. 1924, p. 276), as amended, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 2984), is hereby amended by striking from section 17 the words and figures three thousand (3,000.00) and inserting in lieu thereof the words and figures thirty six hundred (3,600.00), so that when so amended section 17 shall read as follows: Section 17. The commissioner shall receive the sum of thirty six hundred ($3,600.00) dollars per annum from the funds of Bartow County for the purpose of paying clerical help.

Page 2079

Section 2. Not less than ten (10) nor more than thirty (30) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Bartow County to issue the call for an election for the purpose of submitting this Act to the voters of Bartow County for approval or rejection. The ordinary shall set the date of such election for a day not less than twenty (20) nor more than thirty (30) days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bartow County. The ballot shall have written or printed thereon the words: Referendum. For approval of the Act to change the compensation received by the Commissioner for clerical help. Against approval of the Act to change the compensation received by the Commissioner for clerical help. 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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Bartow County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. If approved as provided in section 2, this Act shall become effective on the first day of the following month. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2080

Notice. Notice is hereby given that there will be introduced in the 1963 Session of the General Assembly of Georgia, a bill to fix the compensation for clerical help in the office of Bartow County tax commissioner, ordinary, commissioner of roads and revenues and clerk of superior court; to fix the salary of the clerk of the commissioner of roads and revenues, deputy clerk of the tax commissioner, deputy sheriffs to the sheriff's office, salary of the jailer, deputy clerk of Bartow Superior Court; to increase the number of deputy sheriffs and to provide that Bartow County shall pay the operating expenses of the county jail; to provide that Bartow County shall furnish, maintain, equip and pay the operating expenses of the automobiles used by the sheriff's office in performance of the duties thereof; to provide that the county shall furnish uniforms required for the sheriff's deputies; to adjust the salaries of the five elected county officials effective January 1, 1965; and for other purposes. This the 26th day of December, 1962. /s/ William B. Greene /s/ J. R. Cullens Representatives from Bartow County, Georgia. Notice. Notice is hereby given that there will be introduced in the 1963 Session of the General Assembly of Georgia, a bill to fix the compensation for clerical help in the office of Bartow County tax commissioner, ordinary, commissioner of roads and revenues and clerk of superior court; to fix the salary of the clerk of the commissioner of roads and revenues, deputy clerk of the tax commissioner, deputy sheriffs to the sheriff's office, salary of the jailer, deputy clerk of Bartow Superior Court; to increase the number of deputy sheriffs and to provide that Bartow County shall pay the operating expenses of the county jail; to provide that Bartow County shall furnish, maintain, equip and pay the operating expenses of the automobiles used by the sheriff's

Page 2081

office in performance of the duties thereof; to provide that the county shall furnish uniforms required for the sheriff's deputies; to adjust the salaries of the five elected county officials effective January 1, 1965; and for other purposes. This the 26th day of December, 1962. William B. Greene, J. R. Cullens, Representatives from Bartow County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized 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 The Bartow Herald, which is the official organ of said county, on the following dates: Dec. 27, 1962-Jan. 3, 1963 and Jan. 10, 1963. /s/ William B. Greene, Representative, Bartow County, Georgia. Sworn to and subscribed before me, this 22nd day of January, 1963. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large My Commission expires Mar. 17, 1964. (Seal). Approved March 1st, 1963.

Page 2082

BARTOW COUNTYTAX COMMISSIONER, SALARY OF DEPUTY AND CLERICAL HELPREFERENDUM. No. 23 (House Bill No. 82). An Act to amend an Act to consolidate the offices of tax receiver and tax collector of Bartow County into the office of tax commissioner of Bartow County, approved March 17, 1958 (Ga. L. 1958, p. 2683), so as to change the compensation of the deputy tax commissioner; to change the compensation received by the tax commissioner for clerical help; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to consolidate the offices of tax receiver and tax collector of Bartow County into the office of tax commissioner of Bartow County, approved March 17, 1958 (Ga. L. 1958, p. 2683), is hereby amended by striking from section 4 the words and figures forty eight hundred (4,800) and inserting in lieu thereof the words and figures fifty two hundred (5,200), and by striking from section 4 the words and figures three thousand (3,000) and inserting in lieu thereof the words and figures thirty six hundred (3,600), so that when so amended Section 4 shall read as follows: Section 4. The tax commissioner shall be compensated in the amount of eight thousand ($8,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Bartow County. All fees, commissions, costs and all other perquisites collected by the tax commissioner shall be the property of Bartow County, and once each month shall be turned over to the fiscal authority of said county with a detailed, itemized statement showing the sources from which such fees, commissions, costs or other perquisites were collected. The tax commissioner shall appoint a deputy to assist him in the performance of his duties, and such deputy shall be compensated in the amount of fifty two hundred ($5,200.00) dollars per annum to be paid in equal

Page 2083

monthly installments from the funds of Bartow County. The tax commissioner shall receive the sum of thirty six hundred ($3,600.00) dollars per annum from the funds of Bartow County for the purpose of paying clerical help. Section 2. Not less than ten (10) nor more than thirty (30) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Bartow County to issue the call for an election for the purpose of submitting this Act to the voters of Bartow County for approval or rejection. The ordinary shall set the date of such election for a day not less than twenty (20) nor more than thirty (30) days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bartow County. The ballot shall have written or printed thereon the words: For approval of the Act to change the compensation of the deputy tax commissioner; and to change the compensation received by the tax commissioner for clerical help. Referendum. Against approval of the Act to change the compensation of the deputy tax commissioner; and to change the compensation received by the tax commissioner for clerical help. 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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Bartow County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

Page 2084

Section 3. If approved as provided in section 2, this Act shall become effective on the first day of the following month. Effective date. Section 4. 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 1963 Session of the General Assembly of Georgia, a bill to fix the compensation for clerical help in the office of Bartow County tax commissioner, ordinary, commissioner of roads and revenues and clerk of superior court; to fix the salary of the clerk of the commissioner of roads and revenues, deputy clerk of the tax commissioner, deputy sheriffs to the sheriff's office, salary of the jailer, deputy clerk of Bartow Superior Court; to increase the number of deputy sheriffs and to provide that Bartow County shall pay the operating expenses of the county jail; to provide that Bartow County shall furnish, maintain, equip and pay the operating expenses of the automobiles used by the sheriff's office in performance of the duties thereof; to provide that the county shall furnish uniforms required for the sheriff's deputies; to adjust the salaries of the five elected county officials effective January 1, 1965; and for other purposes. This the 26th day of December, 1962. /s/ William B. Greene /s/ J. R. Cullens Representatives from Bartow County, Georgia Notice. Notice is hereby given that there will be introduced in the 1963 Session of the General Assembly of Georgia, a bill to fix the compensation for clerical help in the office of Bartow County tax commissioner, ordinary, commissioner of roads and revenues and clerk of superior court; to fix the salary of the clerk of the commissioner of roads and revenues, deputy clerk of the tax commissioner, deputy sheriffs

Page 2085

to the sheriff's office, salary of the jailer, deputy clerk of Bartow Superior Court; to increase the number of deputy sheriffs and to provide that Bartow County shall pay the operating expenses of the county jail; to provide that Bartow County shall furnish, maintain, equip and pay the operating expenses of the automobiles used by the sheriff's office in performance of the duties thereof; to provide that the county shall furnish uniforms required for the sheriff's deputies; to adjust the salaries of the five elected county officials effective January 1, 1965; and for other purposes. This the 26th day of December, 1962. William B. Greene J. R. Cullens Representatives from Bartow County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized 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 The Bartow Herald, which is the official organ of said county, on the following dates: Dec. 27, 1962, Jan. 3, 1963, Jan. 10, 1963. /s/ Wm. B. Greene Representative, Bartow County 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 Mar. 17, 1964. (Seal). Approved March 1, 1963.

Page 2086

BARTOW COUNTYAUTOMOBILES AND UNIFORMS FOR SHERIFF, ETC.REFERENDUM. No. 24 (House Bill No. 83). An Act to amend an Act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the superior court, and the ordinary of such county, approved March 21, 1958 (Ga. L. 1958, p. 2866), so as to provide that two (2) automobiles and equipment be furnished the sheriff's office by the county; to provide that uniforms be furnished the sheriff's office by the county; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to change from the fee to the salary system in Bartow County, the sheriff, the clerk of the superior court, and the ordinary of such county, approved March 21, 1958 (Ga. L. 1958, p. 2866), is hereby amended by adding a section 2A to be inserted between sections 2 and 3 to read: Section 2A. Two (2) automobiles shall be furnished the sheriff's office and said automobiles and equipment, maintenance and operating expenses therefor shall be paid from funds of Bartow County. Proper uniforms, suitable to the season, shall be furnished the sheriff's office to be used in the performance of the duties thereof and said uniforms shall be paid for from the funds of Bartow County, same to remain the property of said county. Section 2. Not less than ten (10) nor more than thirty (30) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Bartow County to issue the call for an election for the purpose of submitting this Act to the voters of Bartow County for approval or rejection. The ordinary shall set the date of such election for a day not less than twenty (20) nor more than thirty (30) days after the date of the issuance of the call. The ordinary shall cause the

Page 2087

date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bartow County. The ballot shall have written or printed thereon the words: For approval of the Act to provide that automobiles, equipment and uniforms be furnished the sheriff's office by the county. Referendum. Against approval of the Act to provide that automobiles, equipment and uniforms be furnished the sheriff's office by the 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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Bartow County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. If approved as provided in section 2, this Act shall become effective on the first day of the following month. Effective date. Section 4. 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 1963 Session of the General Assembly of Georgia, a bill to fix the compensation for clerical help in the office of Bartow County tax commissioner, ordinary, commissioner of roads and revenues and clerk of superior court; to fix the

Page 2088

salary of the clerk of commissioner of roads and revenues, deputy clerk of the tax commissioner, deputy sheriffs to the sheriff's office, salary of the jailer, deputy clerk of Bartow Superior Court; to increase the number of deputy sheriffs and to provide that Bartow County shall pay the operating expenses of the county jail; to provide that Bartow County shall furnish, maintain, equip and pay the operating expenses of the automobiles used by the sheriff's office in performance of the duties thereof; to provide that the county shall furnish uniforms required for the sheriff's deputies; to adjust the salaries of the five elected county officials effective January 1, 1965; and for other purposes. This the 26th day of December, 1962. /s/ William B. Greene /s/ J. R. Cullens Representatives from Bartow County, Georgia Notice. Notice is hereby given that there will be introduced in the 1963 Session of the General Assembly of Georgia, a bill to fix the compensation for clerical help in the office of Bartow County tax commissioner, ordinary, commissioner of roads and revenues and clerk of superior court; to fix the salary of the clerk of the commissioner of roads and revenues, deputy clerk of the tax commissioner, deputy sheriffs to the sheriff's office, salary of the jailer, deputy clerk of Bartow Superior Court; to increase the number of deputy sheriffs and to provide that Bartow County shall pay the operating expenses of the county jail; to provide that Bartow County shall furnish, maintain, equip and pay the operating expenses of the automobiles used by the sheriff's office in performance of the duties thereof; to provide that the county shall furnish uniforms required for the sheriff's

Page 2089

deputies; to adjust the salaries of the five elected county officials effective January 1, 1965; and for other purposes. This the 26th day of December, 1962. William B. Greene J. R. Cullens Representatives from Bartow County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized 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 The Bartow Herald, which is the official organ of said county, on the following dates: Dec. 27, 1962, January 3, 1963 and January 10, 1963. /s/ Wm. B. Greene Representative, Bartow County Sworn to and subscribed before me this 22nd day of January, 1963. /s/ Patricia Anne Bowen (Seal). Approved March 1, 1963. CITY OF PINEHURSTNEW CHARTER. No. 26 (House Bill No. 169). An Act to amend, consolidate, create, revise and superseded the several Acts incorporating the Town of Pinehurst, in the County of Dooly, and State of Georgia, and all amendments in respect thereto; to create a new charter of said

Page 2090

corporation; to change the name from the Town of Pinehurst to the City of Pinehurst; to provide a municipal government therefor; to define the territorial limits of said city; to provide for a mayor and council and to define their powers and duties; to provide the punishment of violators of the ordinances, rules and regulations of said municipality; to define the special powers and duties of the mayor; to provide for elections of mayor and council members and define their qualifications, terms of office, their meetings and methods of appointing and electing officers and employees of said city, the method and manner of filling vacancies; to provide for election managers, their oaths and duties, their compensation; to provide for registration of voters and preparation of lists of voters; to define method of holding elections, for declaring the results thereof; to provide the selection of a major pro tem., to define his qualifications, duty and term of office; to provide for registrars, to define their duties, compensation and term of office; to provide for appeals from decisions of registrars, recorder's court, city council, arbitrators and other appeals; to provide for the appointment or election of a clerk, marshal, chief of police, treasurer, health officer, city attorney, recorder, and other officers and employees, to define their duties and powers; to provide for salary and compensation of officers and employees of Pinehurst, to provide for the reading and consideration of orders, ordinances, rules and regulations how they may be adopted, be approved, be vetoed, and how the same may become valid; to grant and provide for eminent domain and define how and when exercised; to provide for bonds of offenders; to provide for return of property for tax purposes, to establish values, to appoint appraisers, to define their duties and qualifications, to provide for arbitration of property values for tax purposes; to provide for raising revenue by taxes, licenses and otherwise; to provide for the collection of the same by execution and otherwise; to provide for street and lane paving, to assess costs thereof and the collection of the same; to provide for the issuance of bonds, revenue certificates and similar forms of indebtedness, their sale and lien; to provide for sewer and water connection, the

Page 2091

installation of sanitary equipment and fixtures; to provide penalties for refusal or non-compliance; to provide for extension of water and sewer mains and system; to provide for dog tax and treatment, prescribing the penalties therein; to provide for general police protection and sanitary and health measures and requirements; to provide for a street tax; to provide for zoning regulations and ordinances; to provide for a jail, guard house and other places of detention; to appoint a recorder and to define his duty and term of office; to provide for and define a recorder's court, to specify its jurisdiction and powers and appeal therefrom; to provide for fire zone or fire limits; to provide for subdivisions of land; to provide for assistance for arresting officers; to provide for building permits; to provide for traffic regulations as well as speed, parking and travel; to provide for franchises; to provide that the mayor and council shall be authorized to open, close, abandon and otherwise alter the streets, alleys and other public property of said city; to provide for abatement of nuisances, the use of firearms and fireworks; to provide fees and costs of officers and collection thereof; to provide for ownership, rental, use, distribution of public service and utilities; to provide when and how claims or demands are filed; to provide for supervision of Sabbath Day activities; to provide for supervision of sale, storage and dispensing of malt or alcoholic drinks or beverages; to provide for punishment for violation of any orders, ordinances, rules, regulations of Pinehurst; to provide for severance of enactment of charter, to define, prescribe, and enumerate the rights, powers, authority and governmental jurisdiction of the City of Pinehurst, its mayor, council and other officers and employees as well as to provide powers, rights and authority to enforce and carry out the rights and privileges granted; to provide for the sale of property by the mayor and council and passage of the title and possession thereof; to provide that the City of Pinehurst is authorized and empowered to own and operate a cemetery or cemeteries; to provide for the operation of said cemetery or cemeteries; to provide for severability; to repeal conflicting laws; and for other purposes.

Page 2092

Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the Town of Pinehurst, Dooly County, Georgia, hereinafter described, be, and they are hereby continued incorporated under the name and style of the City of Pinehurst and by that name shall be and are hereby invested with all the rights, powers, and privileges incident to municipal corporations in this State, and all the rights, powers, titles, property, easements and hereditaments now belonging or in any way appertaining to the said City of Pinehurst as heretofore incorporated, with power to govern themselves by such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as may be promulgated under the terms and provisions of this charter not in conflict with the Constitution or laws of this State or of the United States. That said City of Pinehurst, as a municipality, shall have perpetual succession and is vested with the rights to contract, and be contracted with, to plead and be impleaded, to buy, own, enjoy and sell property of all kinds, to have and use a common seal and do all other things and acts as may be necessary or needful to promote the municipal corporate purposes of said city, and to exercise such rights, powers, functions, privileges and immunities as ordinarily belonging to municipal corporations generally under the law as well as those hereinafter enumerated. Incorporated. The City of Pinehurst as created by this Act is hereby made responsible as a corporate body for all the legal debts, liability and undertakings, and shall succeed to all the rights of said City of Pinehurst as heretofore incorporated, and all existing valid ordinances, rules, bylaws, resolutions, rules and regulations of the city as hereinbefore incorporated which are not inconsistent with or repugnant to this Act remain unaffected hereby and are hereby continued and confirmed, however, the city council may repeal, alter or amend any of such ordinances, rules, resolutions or regulations as provided for herein. Intent. That said corporate body under the name and style of

Page 2093

City of Pinehurst shall have all the rights, powers and privileges to purchase, acquire by gift, lease or otherwise, to receive, hold, possess, enjoy, and retain in perpetuity or for any term of years or dispose of in any manner known by law, any interest in any real or personal property of whatsoever kind or nature or description within or without the limits of the City of Pinehurst for corporate purposes. The said city, through its mayor and council as hereinafter provided for, shall have special power to make and enter into contracts and agreements, as it may deem necessary for the welfare of the city of its citizens and specially to make contracts with public or private electric light or power plants, water works plants or gas plants or any other public convenience or necessary company for their products, service and convenience; to assess values of property, to levy and collect taxes, licenses, or other assessments thereon, and to remove nuisances and to have full power, control and supervision over all the streets, lanes, highways, sidewalks and alleys of this city. Powers. Section 2. The corporate limits of the City of Pinehurst shall extend one-half () of one (1) mile directly to the north, west, south and east from the point designated by a marker at the center of the location where the depot of the Georgia Southern and Florida Railroad Company was located in the year, 1895; the north and south boundary of said corporate limits running east and west and the west and east boundary running north and south and more particularly described as follows: Corporate limits. Beginning at a marker at the center of the location where the depot of the Georgia Southern and Florida Railroad Company was located in the year, 1895, and running due north for one-half () mile; thence due west for one-half () mile; thence due south for one (1) mile; thence due east for one (1) mile; thence due north for one (1) mile; and thence due west for one-half () mile to the point that is one-half () mile due north of the marker at the center of the location where the depot of the Georgia Southern and Florida Railroad Company was located in the year, 1895.

Page 2094

Section 3. There is hereby established in said municipality a recorder's court, having jurisdiction to try offenses punishable by ordinances of the mayor and council. In addition said court shall sit as a committing court, having such power and authority with respect to crimes punishable under statutes of this State as are now vested in justices of the peace. The mayor of the City of Pinehurst shall be the recorder and the presiding officer of the recorder's court and as such presiding officer shall be vested with the same power and authority as similar courts having jurisdiction to try offenses punishable as prescribed by municipal ordinances and said presiding officer shall also be vested with the same power and authority as justices of the peace of the State of Georgia. In the event of any absence of the mayor because of any reason whatsoever or when so authorized by the mayor of the City of Pinehurst, the mayor pro tem. of said city shall act as recorder and presiding officer and shall be vested with the same power and authority as herein authorized for the mayor. Recorder's Court. Section 4. The government, supervision, powers, and control of said City of Pinehurst shall be vested in a mayor and six (6) council members to be known as City Council. The mayor and council members shall be elected from the city at large in the manner hereinafter provided. The term of the mayor shall be for two years and until his successor is elected and qualified and the term of each council member shall be for two years and until his successor is elected and qualified. Mayor and Council. The mayor and council members shall constitute the city council of said city and as such shall have full power and authority from time to time to make laws, rules, bylaws, ordinances, regulations and orders as to them may seem right and proper relating to drainage, ditches, bridges, streets, street railways, automobiles, bicycles, trucks, delivery wagons, sales stables, warehouses, storehouses, markets, slaughter houses, sleeping apartment, restaurants, cafes, opera houses, picture shows, and all other kinds of shows and circuses, dance halls, skating rinks, bowling alleys, billiard rooms and all other places of amusement, garages, shops, mills, ginneries, factories, barber shops, soda

Page 2095

fountains, beer saloons, telegraph and telephone companies, gas companies, water and light and electrical companies, booths, stands, tents, stores, business houses, filling stations, theaters of all kinds whatsoever, common carriers, all sales and displays in said city, for the preserving of the peace, good order and dignity of said government. The enumeration of powers shall not be considered restricted to said powers alone, but shall include all and every other thing incident to municipal government by this Act or Acts heretofore passed, but shall be construed an addition to and in aid of such other powers that are not referred to in this Act. Powers. The city council shall have the authority and power to negotiate for loans, to borrow money on behalf of the City of Pinehurst, to pledge the property and assets of said city as security, and to execute such and all instruments they deem necessary for any loan made to said city. Loans. The mayor and three (3) council members shall constitute a quorum for the transaction of any business before the city council at its regular meeting, and the mayor and three (3) council members shall constitute a quorum for the transaction of any business at a called meeting, and that a majority of the voters of those present shall determine all questions coming before the council. Quorum. The council shall hold regular meetings at least once a month at stated times and places in said city. Meetings. The city council may hold such special meetings to be called by the mayor, or in his absence by the mayor pro tem., or if three (3) or more council members request the mayor in writing that such a special meeting be called, it shall be mandatory upon the mayor, or mayor pro tem. in the absence of the mayor, to comply with such request. Notice of all special meetings of city council shall be given each council member when said officer is in said city and can be located. Same. At any meeting any council member shall have the right to call for an aye and nay vote upon any question requiring action by council and such aye and nay vote will be taken

Page 2096

if three (3) council members vote for same and the vote will be shown on the minutes of city council. Votes. All meetings of city council shall be public and the public shall be allowed at all times to witness and hear the deliberations of city council, except when city council resolves itself by a majority vote into executive session then the public shall be excluded. Meetings. Section 5. The general elections for the elections of city officials of the City of Pinehurst shall be held annually on the second Monday in December beginning in the year, 1963. Any other provision or provisions of this Act to the contrary notwithstanding, the present mayor of the Town of Pinehurst, W. L. Horne, shall serve his term of office and said W. L. Horne is hereby appointed mayor of the City of Pinehurst to hold the said office until the first Monday in January, 1964. On the second Monday in December 1963 and every two (2) years thereafter there shall be an election for mayor for the City of Pinehurst and the person so elected at such election and qualified shall each serve a term of two (2) years beginning on the first Monday in January of the year immediately following such election. Any other provision or provisions of this Act to the contrary notwithstanding, the following three (3) present councilmen of the Town of Pinehurst W. A. Snelling, Jr., W. A. Leaptrot and M. C. Peavy, Jr. shall serve their terms of office and said W. A. Snelling, Jr., W. A. Leaptrot and M. C. Peavy, Jr. are hereby appointed councilmen of the City of Pinehurst to hold the said offices until the first Monday in January, 1964. On the second Monday of December, 1963, and every two (2) years thereafter there shall be an election for three (3) councilmen for the City of Pinehurst and the persons so elected at such election shall each serve a term of two (2) years beginning on the first Monday in January of the year immediately following such election and for the purpose of electing said three (3) councilmen, their offices shall be designated as position 1, position 2 and position 3 and in all elections held to elect successors to said positions, any person qualifying shall designate the position to or for which he or she is seeking or offers to be elected. Any other provision or provisions of this Act to the contrary notwithstanding,

Page 2097

the remaining three (3) present councilmen of the Town of Pinehurst J. E. Roberts, V. L. Daniels and Raymond E. Davis shall serve their terms of office and said J. E. Roberts, V. L. Daniels and Raymond E. Davis are hereby appointed councilmen of the City of Pinehurst to hold the said offices until the first Monday of January in 1965. On the second Monday of December, 1964, and every two (2) years thereafter there shall be an election for three (3) councilmen for the City of Pinehurst and the persons so elected at such election shall each serve a term of two (2) years beginning on the first Monday in January of the year immediately following such election and for the purpose of electing said three (3) councilmen, their offices shall be designated as position 4, position 5 and position 6 and in all elections held to elect successors to said positions, any person qualifying shall designate the position to or for which he or she is seeking or offers to be elected. Elections. The mayor and six (6) councilmen named herein and those hereafter elected shall serve until their successors are elected and qualified. The purpose and intent of this section is to provide for a mayor whose term of office shall be for two (2) years and six (6) councilmen with staggered terms of two (2) years each. Section 6. The city council shall have the power and authority to call a special election for the purpose of filling any vacancy caused for any reason in any office for which the holder thereof is elected by the voters of said city. Said special election should be held as soon as practicable, and not less than twenty (20) days from the date of the vacancy, notice of the time of the special election shall be published once in a local newspaper, if there be one, and said special election to be held under the same rules and regulations as general elections. Special elections. Section 7. All elections, general and special, or upon any question to be submitted to the voters of said city shall be held by at least three (3) persons, citizens and electors of the City of Pinehurst, who are qualified to hold and superintend city elections, the said election shall be held at the

Page 2098

city hall and at such other polling places as may be designated by city council, the polls shall open at seven o'clock a. m. and close at seven o'clock p. m. Eastern Standard Time, and no count of votes shall begin until after the polls are closed. The election holders or managers shall be appointed by city council and shall take the following oath: Elections, time, etc. We and each of us do solemnly swear that, in behalf of the City of Pinehurst, we will faithfully and impartially conduct this election, prevent all illegal voting, tally and declare the results of said election to the best of our skill, power and ability, so help us God. The election holders or managers shall elect one of their number as chairman, and upon all questions coming before them a majority vote will determine the issue. The election managers shall determine who are voters from the voters' list prepared by the registrars of the City of Pinehurst and shall keep an accurate record and tally of all votes cast in any election. After all votes are counted the election managers shall declare and publish the number of votes received by each person at said election and declare the results of said election. Appeal may be made from any official act of said election managers or to any election contest to city council and if appellant is dissatisfied with the decision of city council, he shall have the right to certiorari to the Dooly County Superior Court. All tally sheets, the voters' lists and other records together with the ballots shall be given to the clerk of said city for council to dispose of as city council deems proper. All ballots shall be printed or written, and all protection to be afforded the elector so that he may cast a secret ballot. The candidate who receives the greatest number of votes shall be declared elected and it shall be the duty of said election managers to deliver a certificate of election to each candidate so elected. That city council shall have the power and authority to adopt and pass any rules and regulations for the holding of

Page 2099

city elections not inconsistent with this charter, the laws of Georgia or of the United States. The details may be delegated to the election managers. Section 8. The power and authority to supervise, regulate, control, conduct and generally to oversee all elections are hereby granted the city council. They may, by ordinance or otherwise regulate and provide means and methods for said election to be held. They may designate when, how, and under what conditions candidates for any city office may qualify, when the qualification will open and close and the fee connected therewith. Any person dissatisfied with the final decision of city council with reference to any election may certiorari to Dooly County Superior Court. Same. Section 9. The City of Pinehurst shall provide and keep a book to be called the permanent registration book upon which all persons desiring to qualify as electors in and for said City of Pinehurst shall be required to qualify by registering therein, providing however, that should the said city now have such a book, that the same shall continue in force, and in the event a citizen has registered, it will not be necessary for the citizen to register again in order to become an elector and participate in the elections of the City of Pinehurst unless such elector has been removed from the voters' list. It shall not be required of any citizen to register but once in said registration book except as provided above, and the list of voters for all elections shall be prepared from said permanent registration book which list shall have thereon all the eligible electors for the City of Pinehurst. Voter registration. The city council shall appoint three citizens of Pinehurst as registrars whose term of office shall end December 31 of each year and until their successors are appointed and qualified. Their duties shall be to prepare a list of all citizens who are eligible to vote in any election held by said city. The registrars shall elect a chairman from the board of registrars and shall revise and prepare a list of qualified voters before any election held in said city. The registration of citizens as herein provided shall be made at least ten (10) days before any election and to be

Page 2100

eligible to be an elector, the citizen must be registered in the registration book as provided for herein at least ten (10) days prior of any election to be held by said city. The registrars shall upon the close of registration as stated above immediately begin upon their duties and prepare said voters' list or list of qualified electors. They shall remove from said list the names of any person or persons who: 1. Have died. 2. Have moved without the city limits. 3. Are otherwise disqualified to vote. When a name is removed from the list of voters or electors, and the person shall be in life, notice should be given to the person whose name was removed stating the reason therefor, and giving the time and place where said registrars will hear any objections of such removals of names. Said hearing to be held not less than three (3) days from date of service of notice and service may be made by personal service if the person lives within the limits of Pinehurst, and by mail if the person resides without the city limits, or cannot be found if living within said limits. If any person is dissatisfied with the decision of said registrars at said hearing, he may appeal to city council, then if he is dissatisfied with the decision of city council he may certiorari to the Superior Court of Dooly County, Georgia. The registrars shall file the completed list of voters or electors in duplicate with the clerk of said city at least four days before any election and the said clerk shall deliver the original of said list to the election manager before or the day of election. The registrars shall take the general oath required of the mayor before performing any of their duties. The city council shall have authority and power to make all necessary ordinances, rules and regulations regarding

Page 2101

registration of voters, preparing voters' lists, holding elections, publishing returns, issuing certificates of election and all other matters pertaining to the same. Section 10. The mayor of said city shall be the chief executive officer of the City of Pinehurst. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully and fully executed and enforced, and that all officers of said city faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said city. He shall preside, if present, at all meetings of the city council, and shall vote only in case of a tie vote of council, and as specified hereinafter. He shall have the right to veto any ordinance, resolution, rule or regulation passed or adopted by council, if in his judgment such ordinance, rule, resolution, or regulations is not to the best interest of said city. In the event of a veto, then such ordinance, resolution, or regulation shall not be valid unless passed at a subsequent meeting of city council by the affirmative concurring vote of two-thirds of the council members present. The ayes and nays to be taken. In the event the mayor does not approve or veto any ordinance, resolution, rule or regulation within five (5) days after its passage and adoption by city council then the ordinance, resolution, rule or regulation becomes in full force and effect in the same manner as if the same was approved by the mayor. Mayor. The mayor and each member of council before entering upon the duties of his office shall take and subscribe to the following general oath: I do solemnly swear (or affirm) that I will well and truly perform the duties of Mayor or Council member of the City of Pinehurst to the best of my skill and ability and as to me shall be to the best interest and welfare of said city, without fear, favor, or affection, so help me God. Oaths. The foregoing oath shall be deemed sufficient and adequate for any city official. The mayor of said city shall preside over all meetings of city council, and he shall have authority to convene the

Page 2102

council in extra or special session whenever he deems it proper to do so. The mayor shall have the right to vote upon any question before said city council, except in the election of officers and employees of the city or in cases of a tie vote of council. Section 11. The city council at their first regular meeting in each calendar year, or as soon as convenient thereafter, shall elect a council member as mayor pro tem., whose duties shall be to perform all the duties of mayor in case of death, absence, resignation, disqualification or disability of the regularly elected and qualified mayor as provided for herein. That in case of vacancy in the office of the mayor, the mayor pro tem. shall perform all the duties pertaining to the office of mayor until the next regular election, at which time a mayor shall be elected for the unexpired term, if any. The mayor pro tem. when so acting shall be known as Acting Mayor. Mayor Pro Tem. Section 12. Any citizen of Pinehurst shall be eligible for the office of mayor, or council member who has resided in said State for two (2) years and in said city six (6) months immediately preceding the election. He or she must be over twenty-one (21) years of age and must reside within the corporate limits of said city when he becomes a candidate for office, and remain a citizen during his term of office. Qualifications for office. Section 13. All ordinances, orders and resolutions shall be read twice at different sessions of city council on separate days and a vote on said ordinance, order, or resolution cannot be taken until after the second reading and if passed, the same shall become effective as soon as approved by the mayor or should the mayor veto the ordinance, order or resolution, then the same will have to be further considered as provided for herein. Should the mayor allow more than five (5) days to lapse after the passage of an ordinance, order or resolution without taking any action thereon then the same becomes operative as if approved by the mayor. Ordinances. All ordinances, orders, resolutions and regulations when the same shall have become effective shall be kept in appropriate

Page 2103

books and records by the clerk of said city open for reasonable inspection during office hours. The city council shall have the authority to have prepared and published in a book form or pamphlet form a code of laws, bylaws, ordinances, rules and regulations of said city to be known as Code of the City of Pinehurst, the same to become effective and of force as soon as adopted and approved the same as provided for ordinances herein, which code may be amended and revised from time to time by the city council the same as ordinances and any section or part thereof under a certificate of the clerk of said city verifying the same to be the Code of the City of Pinehurst, or any section or part thereof shall be admitted to record in any court of this State. Code. Section 14. The City of Pinehurst is hereby granted the power and privilege of eminent domain, and the city council is authorized and empowered to condemn lands within or without its corporate limits for any municipal uses or purposes which includes the erection of public buildings for said city, for public parks, playgrounds, water supply, sewers, forms for handling and disposing of sewerage, or garbage, or trash, and for any other public purposes and improvements. Eminent domain. The city is authorized and empowered to take and condemn personal property in the same manner as above when needed for public purposes of the city. The power and authority of eminent domain is granted to said city for these purposes and should eminent domain be exercised, the laws of Georgia in force at the time eminent domain is exercised by the city shall govern the procedure. The city council shall have the power and authority to widen, extend, improve or straighten any street, alley, lane or square in said city and to open, layout, and establish any new street, alley, lane, walk or square, any building or bridge, of whatsoever nature. The mayor and council shall have also full power and authority to open, close, abandon, vacate, layout, suspend operation on or otherwise change

Page 2104

the streets, roads, alleys, passageways, sidewalks, squares and other property in the City of Pinehurst. Streets. Section 15. There shall be a clerk of council, elected by the city council, whose duty it shall be to attend each meeting of the city council, to keep accurate minutes of each meeting, to record in the minutes all acts and doings of council, except when they may be in executive session, to keep and record all ordinances, laws and resolutions passed or enacted by the city council in appropriate books. He or she shall be ex officio clerk of the recorder's court of said city and keep records of said court. He shall issue all licenses, permits and receipts in the name of said city, to collect therefor and account for all funds so collected. He or she shall issue summons and writs when directed by the mayor, any council member, city marshal, city police or city attorney, and to perform such other duties as he may be directed to do by the mayor or city council whether by rule, resolution or otherwise. Clerk of Council. There shall be a treasurer for the City of Pinehurst, the clerk of council may also be treasurer, whose duty it shall be to receive and safely keep all moneys belonging to said city. He or she shall keep accurate records of all his official transactions, and keep separate accounts of all moneys received from taxes and licenses levied for specific purposes. He or she shall pay out money only when he is officially requested so to do. Said treasurer shall be and is hereby made tax receiver and tax collector for said City of Pinehurst and he shall perform all the duties of tax receiver and collector, including the issuance of tax writs of fieri facias and executions. He shall make general and specific reports when called upon by the city council and his books shall be kept open for reasonable inspection during office hours. Treasurer. The city council is hereby authorized to elect a city marshal for the City of Pinehurst and said marshal shall make levies for taxes and other executions issued by said city, he may serve warrants, processes, and other writs, make arrests, advertise sales, make sales, impound stock, execute deeds, bills of sale and other instruments, he shall have charge of the prisoners whether confined in jail or sentenced

Page 2105

or assigned to the public works gang and in fact perform all and every duty of this office and any other office or duty imposed upon him by city council. City Marshal. The city council is further authorized and empowered to elect a chief of police, policemen, health officer, building inspector, chief of fire department, city physician, city attorney, city engineer, water works superintendent, cemetery keeper, and such other officers and employees as said city council may deem necessary for the City of Pinehurst. Other officers. The city council may create or abolish, at their discretion, such offices as they may deem necessary and elect officers to fill them, and may prescribe the duties and pay of such officers under such regulations as they may ordain, and such offices may be abolished or the officers be removed therefrom whenever the city council may deem such to the best interest of the city. Each person elected or appointed by the city council takes and accepts the appointment and employment subject to being removed and dismissed at any time by the mayor or city council. Appeal may be made to the city council by the person so dismissed or removed, and in the event his appeal is sustained by an affirmative vote of four members of council, he will be restored to his former office or employment without loss of salary; but should his appeal receive less than four (4) affirmative votes of the council, then his salary will cease effective at the time of his removal or dismissal and he shall have no further recourse from the appeal. Removal of employees. The city council is authorized and empowered to fix and determine the compensation and salary to be received by each employee, either elective or appointive, of said City of Pinehurst, including the mayor and council members. They may determine how, and when this compensation and salary to be paid and in such amounts as they deem proper. The salary and compensation shall be fixed and determined at the first regular meeting of council of each calendar year, or as soon thereafter as convenient, and when once fixed and determined, the same amount will be paid under the same terms until changed by the city council. Salaries.

Page 2106

Any official of the City of Pinehurst may be indicted and punished for gross neglect of his official duty. He shall also be removed from office by the city council for gross neglect of official duty, and shall have the right to certiorari to Superior Court of Dooly County if dissatisfied with the decision of city council. Neglect of duties. The city council may audit or have an audit made of all or any part of the city records and books at such times as they deem necessary. They can adopt the auditor's report and findings as they see fit. Audits. Section 16. The city council is hereby granted power and authority to authorize any arresting officer of said city to take and accept bond for the appearance at police court of any person arrested, giving receipt for any cash received as bond. That should a cash bond be posted no further security may be required, but if any other kind of bond is given, except a cash bond, then a citizen of the City of Pinehurst owning property of a net unincumbered value in excess of the homestead exemption and double the amount of the bond will be required as security on said bond. The arresting officer will pass upon the security. Arrest bonds. In the event the principal appears in recorder's court at the time specified in said bond, the cash will be returned to him if a cash bond was given, and if a security bond was given, the surety or person acting as security will be relieved of further liability. Same. Should the principal fail to appear and a cash bond was given, then the cash bond may be forfeited by the presiding officer and the funds will be placed in the general funds for use by the city. Should a bond with some person as security be given, and the principal fail to appear, then the presiding officer may issue a rule nisi issue returnable to the next regular term of recorder's court against the principal and his surety, which shall be served by the city marshal or any policeman upon the principal and surety if either can be found at least five (5) days before the returnable terms. Service may be personal or by leaving a copy thereof at the residence of defendant or surety. If at such return term of

Page 2107

recorder's court no sufficient cause is shown to the contrary judgment shall be rendered by the presiding officer against such principal and surety or such of them which have been served. Executions of writs of fieri facias may issue to enforce the collection of the said judgment and when collected the funds are to be placed in the general funds of said city for its use. Should the principal, who is the defendant, fail to appear at the recorder's court as specified in said bond, the presiding officer of such court may issue a warrant for the arrest of said defendant. The warrant may be served by an arresting officer of this State and the defendant may be arrested at any place within the State of Georgia, detained and returned to the City of Pinehurst for trial. Warrants. Section 17. The city council is authorized and empowered to prescribe by ordinance or otherwise when and how property shall be returned for taxes, the forms to be used, the information to be given, and such other requisites they deem necessary. The city council or the city tax assessors are authorized and granted the power to make returns for any person, firm or corporation failing to make a tax return, and city council may prescribe a penalty for the failure of not making a tax return not to exceed an amount equal to the amount of taxes to be paid by the person, firm or corporation failing to make such return. Taxation. Section 18. The city council is granted the power and authority to prescribe by ordinance or otherwise and levy a license fee or tax on each person, firm or corporation carrying on a business or profession within the corporate limits of the City of Pinehurst, and to require each itinerate or irregular, or occasional dealer, merchant, trader, salesman, collector, or otherwise doing or carrying on a business of any nature within the corporate limits of the City of Pinehurst to make application for a license or permit and to pay a tax or license fee to the City of Pinehurst. City council is granted the power and authority to assess such tax or license fees as referred to in this section, also to collect such tax or license fee, and to prescribe penalties for the violation of any ordinance, governing or regulating the

Page 2108

same. Nothing in this section regarding the payment of a license fee or tax shall apply to that person, firm or corporaton which may be exempt from the payment of the same by the laws of this State or of the United States, but city council is granted the power and authority to require such person, firm or corporation which may be exempt from license fee or tax to apply for and receive a permit to carry on their business or profession within the corporate limits of the City of Pinehurst. Business licenses. Section 19. The city council shall have the right and power to raise necessary revenue to properly carry on the government of said city, to build and repair sewers, water lines, procure water supplies, to make, open, grade, pave, repair and keep in order the lanes, streets, sidewalks, bridges, and drains of said city, to light the same, to properly police the same, to pay salaries, costs and expenses of city officers and employees, to establish and maintain a fire department, to erect and maintain suitable buildings and offices and to furnish, maintain and regulate all things needful and appertaining to the protection of life, liberty and property, the suppression of crime, the maintenance of law and order, payment of debts of the city, for educational purposes, for cemetery purposes, for the care of the poor and sick, for establishing and maintaining necessary parks, playgrounds, for quarantine purposes, for caring for prisoners and providing means and places for their detention and punishment, and for such other purposes as authorized by this charter that will tend in the discretion of city council to add to the comfort, safety, convenience, benefit, health, advantage of said city and the citizens thereof, and for the improvement of said city as may in their best judgment be necessary and for other purposes, in order to properly carry on the city government as herein indicated and not specifically forbidden by law, to levy and collect a street tax or capitation tax on all inhabitants, male or female, of the said city, as council may determine, subject under the law to pay such tax. The city council is also authorized to levy and collect an ad valorem tax not exceeding one dollar and fifty cents ($1.50) on each one hundred ($100.00) dollars value of all property within the corporate limits of said city; also

Page 2109

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

Page 2110

advertise and sell the property so levied upon in the same procedure as sheriffs of this State. Same. Section 22. It shall be the duty of city council each year before taxes and tax valuations are assessed and passed upon, to determine whether a board of tax assessors shall be appointed or whether the members of city council will act as tax assessors for the City of Pinehurst. This action of city council should be reflected in the minutes of city council meeting. Tax assessors. Section 23. In the event city council decides to appoint a board of tax assessors for the City of Pinehurst, it shall make such appointments on or before the regular April meeting of city council, and each person appointed shall hold office for a term of one year, and until his successor is appointed and qualified. Each member of the board of tax assessors for the City of Pinehurst shall have been a citizen of Pinehurst for not less than two (2) years prior to his appointment, shall be a freeholder and taxpayer of said city, shall not be less than twenty-five (25) years of age at the time of his appointment, shall not be an elective officer of either the city, county, or state during his term of office as tax assessor. Each tax assessor shall prescribe to the following oath before entering upon the discharge of his duties: Same. I do solemnly swear that I will faithfully and impartially perform the duties of tax assessor for the City of Pinehurst without favor to anyone, and will make a just and fair valuation of all property therein subject to taxation in accordance with the law and with the ordinances of said city, and that I will make a just and earnest effort to apply the same rules as to value to all taxpayers and to equalize the values placed upon the properties of the several taxpayers, so help me God. Section 24. The board of tax assessors shall consist of three (3) members, they shall be appointed by city council as provided for herein, they may elect one of their members as chairman, and use the services of the clerk of city council if they deem necessary. Any vacancy in said board may be filled by city council for the unexpired term. A majority of

Page 2111

the board is a quorum and two (2) affirmative votes are necessary to carry a motion or to take affirmative action. Same. Section 25. It shall be the duty of the board of tax assessors for the City of Pinehurst to carefully examine all returns of both real and personal property of each taxpayer in the City of Pinehurst, and if in the opinion of the board any taxpayer has omitted from his return any property which should be returned, or has failed to return any of his property according to law, and according to the rules adopted by the board for ascertaining the fair market value thereof for taxing purposes, the said board shall correct such returns and shall assess and fix what they deem to be the fair market value that ought to be placed on said property, and shall make a note thereof and attach the same to such returns. Before finally fixing the value of any such property it shall be the duty of such member of the board to familiarize himself with the properties included in such return, and if necessary in order to familiarize himself with such property within the limits of said city to view the property themselves. It shall be the duty of said board to see that all taxable property within the limits of said city is assessed and returned at its fair market value according to law, and that the valuations placed on said properties as between individual taxpayers are fairly and justly equalized, so that each taxpayer shall be called upon to pay as near as may be, only his proportionate share of the taxes. The said board shall pass upon all returns submitted in said City of Pinehurst within ninety (90) days from the time each of said returns has been submitted, and unless this be done, the return as made by the taxpayer shall stand approved as proper return of said taxpayer for that year. Same, duties. Section 26. It shall be the duty of said tax assessors where any property has not been returned by the owner for taxes as required by the ordinances in force and charter of said city to make out a return for each defaulting owner of all property owned by him at its just and fair valuation, adding thereto such penalty as may be fixed by city council for failure to make returns of property for taxation. The same notice shall be given to the owner of such property, or his agent, and the same rights as to hearings and arbitration

Page 2112

accorded each owner as provided in this Act in cases where the board of assessors changes a return submitted by a taxpayer. Same. Section 27. In all cases where a change is made by the board of tax assessors in the return of the taxpayer, the board shall notify the taxpayer in writing of the change made in the tax return, setting forth in the notice the items changed or added, and the valuation placed thereon by the board, and advising the taxpayer of the time, place and hour when a hearing will be accorded by the board. This notice shall be served upon the taxpayer at least five (5) days prior to the date set for a hearing. In cases of nonresidents, notice shall be served by mailing same to his last known address ten (10) days prior to the date set for said hearing. The posting of such letter properly stamped in the post office at Pinehurst shall be sufficient service. Notices to residents of the City of Pinehurst shall be personal, providing the person is within the city limits, and if he cannot be found, then service shall be made as provided for nonresidents. On the date and at the time set by said notice, unless said hearing is continued by the board, and notice is likewise served in writing as provided for herein, the said board shall meet and hear any complaint from the taxpayer as to the changes made. The valuations placed upon all items of property in said return by the taxpayer which are not increased or changed by the said board in their first instance shall be considered as approved by the said board as correct, and said valuations shall after approval by the board be final fixed by such approval as the true and correct valuation of all such items for the year for which the return was made. Only the items which have changed or added may be considered at said hearing. If upon the hearing accorded to the taxpayer as to those items which are changed or added by the board, and the consideration of the matter the board does not assess a valuation upon the items changed which is satisfactory to the taxpayer, the latter shall have the right to file with the city council of Pinehurst a written request that the valuation placed upon the items changed or added by the board of tax assessors from the original return thereof be reviewed by the city council and a true and correct valuation fixed by the city council. Such written notice

Page 2113

shall be filed with the clerk of the City of Pinehurst within five (5) days from the decision of the board of tax assessors on the hearing of the taxpayer. The said notice shall set forth the items of which the taxpayers are dissatisfied and for which he wished the city council to review. The City of Pinehurst likewise has the privilege of appealing from said board of tax assessors' decision to the city council by giving five (5) days' written notice to the taxpayer setting forth the items upon which the appeal is made. The city council shall at its next regular or called meeting after said notice is duly filed providing said meeting is more than five (5) days from the time the notice was filed, hear and consider the complaint made and raised by said notice. The taxpayer shall be notified of the time and place of council meeting. The city council shall have full and complete power to investigate the valuations placed on the items objected to as stated by said notice, and may make this investigation by any means city council desires to effect and ascertain the true market value of the items specified in such notice or appeal may be considered by the city council, and the balance of the return will be considered as correct and conclusive. The city council shall notify the taxpayer of its decision and such notice shall be in writing. Same, appeals. Section 28. In all cases where the taxpayer is dissatisfied with the valuation placed upon the item or items of property upon which a hearing before council was held on as set forth herein, the right to finally determine the fair market value of such property by arbitration shall be granted. Any taxpayer desiring arbitration in said matter shall within five (5) days from the time of the decision is made and notice is served upon him by city council file with the clerk of the City of Pinehurst a written notice setting forth his dissatisfaction with the valuations placed on the property, naming the items upon which arbitration is desired, and shall at the same time name a resident and freeholder of the City of Pinehurst as an arbitrator. As early as possible, and not later than the next regular meeting of city council, the City of Pinehurst shall name a resident and freeholder of the City of Pinehurst as an arbitrator. The two (2) arbitrators so named shall select a third resident and freeholder of the City of Pinehurst, and the three (3) arbitrators thus

Page 2114

selected shall meet within twenty (20) days and fix the valuation of those items of property upon which the taxpayer has demanded arbitration. The decision of the majority of the arbitrators shall be binding and the decision shall be final and without appeal. Same, arbitration. Section 29. Before entering upon their duties as arbitrators, each shall take an oath that they will faithfully and impartially make a true and just assessment of the tax returns and property in question and will determine the matters submitted to them according to law and the justice and equity of the case. Notice shall be furnished to both the taxpayer and the City of Pinehurst of the time, place and hour of the hearing to afford all concerned an opportunity to make his or its appearance to be heard. The compensation of said arbitrators shall be the sum of three dollars each, which shall be borne equally by the taxpayer and the city. Same, oath, etc. Section 30. In the event that the city council of Pinehurst shall in any year act as tax assessors and do not appoint a board of tax assessors, the same rules and regulations shall apply to the city council as applies to board of tax assessors. All rights and privileges granted to the taxpayer as to a hearing before the city council, and thereafter to arbitration, shall apply and be in force when the city council themselves are the board of tax assessors, and notices and service shall be given and made the same as if a board of three (3) tax assessors had acted as provided for herein. Procedure when no tax assessors. Section 31. The board of tax assessors shall not pass upon the valuation of property owned by any member of the board, but the city council shall pass upon these returns and the same privileges are granted to members of the board of tax assessors to make appeal and to arbitration as provided for herein. No rights shall be withheld from the member of the board of tax assessors for each appeal or arbitration. Property of tax assessors. Section 32. If any rule is adopted by any board of tax assessors or by council acting as tax assessors as to the method of reaching valuations of the property in the City

Page 2115

of Pinehurst, the same shall be applied to all the taxpayers of the city, and shall be taken into consideration by the arbitrators. It shall be the duty of the arbitrators to make investigation into any rules or regulations made and adopted by the board of assessors of the city council in determining the values of property and apply these rules to the property they have under consideration during the arbitration. Rules. Section 33. The City of Pinehurst is granted power and authority to issue executions and writs of fieri facias against any person, firm or corporation for any debt or claim the city may have against said person, firm or corporation, said debt or claim to include taxes, sewer rental, water, lights, paving, license, impounding fees and charges, rents of various kinds, fines and forfeitures, charges for laying sewers and water pipes for cleaning, repairing, removing or installing privies, abating nuisances, and such other claim, demand or debt due the city. Executions. The said execution or writs of fieri facias shall issue in the name of said city by the clerk of council or other official designated by city council, and shall be a lien on all the property, both real and personal, owned, or in which an interest is owned by the person, firm or corporation against whom the execution or writs of fieri facias is issued. The same may be recorded in the records of the Clerk of Dooly Superior Court and shall have the same dignity as an execution or writs of fieri facias issued from Dooly Superior Court. The City of Pinehurst is granted authority and power to serve said execution or writs of fieri facias, to make levy upon any property of the defendant and to sell the same as now or as may hereafter be provided by law for sheriff's sales, except that the mayor of said city is authorized to hear and grant orders for sale of personal property so levied upon, and personal property may be sold after advertising the sale for ten (10) days by posting notices at the city hall and two (2) other public places. Perishable property or personal property where there is an expense in the keeping of the same, may be sold after advertising the sale by posting notices at the city hall and two (2) other places for three (3) days. The marshal of said city, unless some other

Page 2116

official is designated by city council, shall make said levies, advertisements, sales, execute the necessary deeds and other instruments and place the purchasers in possession. Any person having an interest in the property levied on as aforesaid may file a plea of illegality, as provided for by law, returnable to Dooly Superior Court. Section 34. The city council of the City of Pinehurst shall have full power and authority to pave, repave, curb, recurb, grade, regrade, repair or improve any or all of the sidewalks of said city and assess any portion of the entire costs of such paving, curbing, recurbing, grading, regrading, repairing, or improving against the abutting property, and the owners thereof, prorated as to each according to lineal feet frontage of abutting property on the improvement, area or value of the abutting property, one or more or all, as may be determined by the said city council; also to grade, regrade, macadamize, remacadamize, pave, repave, curb, recurb, repair, or otherwise improve for travel and drainage any or all of the streets, alleys or ways of the City of Pinehurst, and assess any portion or the entire cost of such grading, regrading, macadamizing, remacadamizing, paving, repaving, curbing, recurbing, repairing or other improving against the abutting property and the owners thereof, prorated as to each according to lineal feet fronting of abutting property on the improvement area or value of the abutting property, one or more or all, as may be determined by said city council; to grade, regrade, pave, repave, macadamize, remacadamize, curb, recurb, or otherwise improve the width of the tracks and between the tracks and on the sides of any railroad or railrods running through or across the streets, alleys, ways or lanes of said City of Pinehurst, and assess any portion or the entire cost of such improving, grading, regrading, paving, repaving, macadamizing, remacadamizing, curbing or recurbing, against any property in said city or any part thereof of the railroad company or railroad companies whose railroad runs across or through the streets, alleys, ways or lanes of said city, and against said railroad company or companies; to grade, regrade, curb, recurb, pave, repave, macadamize, remacadamize, repair or improve any sidewalks or streets abutting on

Page 2117

any property in said city owned by Dooly County and against Dooly County, according to the lineal feet frontage of such abutting property on said improvement, or according to the area or value of such abutting property, one or more or all, as may be determined by said city council; and also to provide for the enforcement and collection of assessments from such abutting or other property and the owners thereof by execution issued against such property and such owners. Streets and sidewalks. Section 35. The City of Pinehurst through its city council shall have all power and authority to adopt by ordinance or otherwise such system of equalizing assessments on real estate made for the purposes and objects hereinbefore stated as may be just and proper, estimating the total cost of each improvement to be made, and prorating the same against abutting and other real estate, or any part thereof, and the owner of such real estate according to the proportion the frontage of such abutting real estate in each case bears to the total cost of such paving, repaving, grading, curbing, or otherwise improving any street, sidewalk, way or alley, or according to the area of value of said real estate one or more or all as may be determined by city council. Same, assessments. Section 36. The amount of the assessment on each piece of real estate shall be a lien on such real estate against the owner thereof, from the date of the passage of the ordinance providing for the work and making assessment, and said city council shall have full power and authority to enforce the collection of any assessment so made for such work or improvement by execution issued by the clerk of council of said city against the real estate so assessed and the owner thereof, and after advertising and other proceedings as in the case of tax sales under existing laws and ordinances, or such as may hereafter be made applicable to the subject, said property shall be sold in the same manner and shall be subject to all the rights of purchase by said city and redemption by the owners as provided by existing laws. The defendant in any execution shall have the right to file an affidavit of illegality denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so

Page 2118

admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received only for the balance. All affidavits shall set out in detail the reason why affidavit claims the amount is not due, and when received by said city shall be returned to the Superior Court of Dooly County, and there tried and the issue determined as in case of illegality and subject to all the pains and penalties provided for in case of illegality for delay in accordance with the laws of the State of Georgia. Same, liens. Section 37. The city council shall have the authority to issue liens for any balances due or which may become due for such improvements as specified hereinbefore. and that the liens of said executions shall be co-equal with the lien of executions for taxes, prior to and superior to all other liens against said real estate, and such liens shall continue until said assessments and executions thereon shall be fully paid. Same. Section 38. The city council shall have the power and authority to prescribe by ordinance such rules and regulations as in their discretion may be deemed necessary respecting the grading, paving, repaving, curbing, macadamizing, draining otherwise improving the streets, sidewalks, ways and/or otherwise improving the streets, sidewalks, ways and alleys of said city and the assessment of any or all the costs or expenses thereof against abutting property, and the enforcement by execution of the collection of such assessments. Streets and sidewalks. Section 39. The city council shall have the authority and power to prescribe by ordinance or otherwise such notice to abutting property owners as may be proper, and for hearing complaints from such property owners, as may be requisite under the law. Procedure. Section 40. The city council shall have the authority in the name of the City of Pinehurst to provide for the issuance of executions for the full assessments against the abutting property, or any part of said property, or other property as hereinbefore provided, and the owners thereof, for the cost of any such street improvement certificates or bonds to cover the estimated cost thereof, which certificates

Page 2119

or bonds shall in no event become a liability of the City of Pinehurst, but shall be payable solely from assessments made against real estate under the provisions of the Act, and sell the same at the best price obtainable. Such certificates or bonds shall be negotiable and shall be issued in such denominations and payable at such times and shall bear such rate of interest payable annually or semi-annually, as may be determined by city council. Said certificates or bonds shall be signed in the name of the City of Pinehurst by the mayor, attested by the clerk of council of said city, and shall have the corporate seal of said city affixed thereto. They shall be payable to bearer at such place as may be designated and shall be based upon the executions issued against the abutting property owners for street or sidewalk improvement as hereinbefore provided. They may be turned over and delivered to the contractor to whom the contract has been awarded for such street or sidewalk improvement at such price or consideration as may be agreed upon in the payment of the amount due said contractor on his contract. Such certificates or bonds may be registered with the clerk of council in records to be provided for that purpose, and certificates of registration by the clerk of council shall be entered and endorsed upon each of said certificates or bonds so registered. Bonds, etc. Section 41. The city council shall have power and authority to prescribe the terms of payment, the rate of interest, and the time and place of payment of assessments made for street and sidewalk improvements under this Act, and executions issued thereon to pledge such assessments and executions, or any part thereof, or the monies collected therefrom, or any part thereof, to the payment of the street improvement certificates or bonds issued by virtue of the provisions of this Act, and to use such monies so collected for such purpose and for the payment or other expenses incident to such street improvements. Assessments. Section 42. The provisions of this Act shall likewise apply to any new sewer or water lines or mains the City of Pinehurst through its city council may deem necessary to construct or rebuild; and the city council shall have the same power and authority as to such extension or rebuilding

Page 2120

of sewer and water lines of said city as vested in them by this Act as to paving, repaving, curbing, and otherwise improving the sidewalks and streets of said city, and all the provisions to this Act shall apply to such additions and improvements to the sewer and water lines of said city to the levying of assessments to cover the costs and expenses thereof and to the issuance of certificates or bonds to raise money for such purposes; but certificates and bonds issued for the extension or improvement of sewer or water lines or mains shall be known as sewer improvements certificates or sewer improvement bonds, or water improvement certificates or water improvement bonds, sewer and water certificates or sewer and water bonds, as the case may be. Sewers and water lines. Section 43. No paving or repaving of any of the streets of the City of Pinehurst or part or parts thereof, or extension or improvements of any of the water or sewer lines and mains of said city shall be undertaken by the city council except by consent of the property owners owning a majority of the property abutting on the streets to be improved or where sewer or water lines or mains are to be improved or extended, determined according to the method of assessment adopted under this Act as provided for herein, that is, on the basis of lineal feet frontage area or value of abutting property, one or more or all. When said city council shall determine and decide to submit a street improvement project, such consent may be determined by a failure of such majority of such owners of property, determined as aforesaid, within fifteen (15) days after the publication in any newspaper in the City of Pinehurst of a notice by the clerk of the city council of Pinehurst that an improvement project is contemplated, naming the street or streets or parts of street or streets, to be improved, and specifying the nature of the improvement, to file a protest or objection to such improvement, or it may be determined by filing a petition by a majority of the owners of the property, determined as aforesaid for an improvement project, which petition shall specify the street or streets, or part or parts of street or streets which it is deemed shall be improved, and the nature of the improvement sought. After it is determined by said city council that a majority of said

Page 2121

owners of property, determined as aforesaid, have not filed protest or objection to an improvement project contemplated within the time allowed, or that a majority of the owners of property, determined as aforesaid, have petitioned for such improvement project, then the said city council, before they shall be authorized to proceed further with such improvement project, shall pass an ordinance providing for such project, which ordinance shall be published one time in any newspaper published in said City of Pinehurst, if there be one, and all property owners to be assessed for the cost of the improvement who do not within fifteen (15) days after the publication of said ordinance commence legal proceedings to prevent the assessment of their property as provided for in this Act shall be conclusively presumed to have accepted the terms of said ordinance and to have agreed that the assessment against their property as provided in this Act shall be made. Consent of property owners. Section 44. The City Council shall have the power and authority to issue bonds of said City of Pinehurst at such times as they see proper, within the limits provided by the Constitution of Georgia, and of such denomination and in such amounts as they see proper; the said bonds shall not bear interest in excess of eight per cent per annum, and not to run for a period of longer than thirty (30) years from date of issue, but may bear a less rate of interest and run for a shorter period of time from the date of their issue in the discretion of the city council. Said bonds to be issued, hypothecated, and sold for the purpose of establishing and maintaining, equipping, extending, operating and repairing a system of waterworks, a system of sanitary sewerage, a crematory, a system of street lights, either gas or electric or both, a system of public schools, paving or macadamizing streets, or sidewalks, erection of necessary public buildings, and adequate fire department, a hospital and drainage. Bonds will be attested by said city clerk of Pinehurst under the corporate seal of said City of Pinehurst, and shall be negotiated in a manner determined by said city council to be the best interest of said city, provided however, said bonds shall not be issued for any of the above purposes until the same shall have been submitted to the qualified voters

Page 2122

at an election held for that purpose, under and in conformity with the general laws of the State governing the issuance of bonds by a municipal corporation. Bonds. The city council shall have power and authority to order elections at various times to determine the issuance of bonds in accordance with general elections in said city at such time or times as they deem best for the purpose of issuing bonds for the improvements designated in this Act. And said city council shall provide how said public debt may be paid and shall constitute a sinking fund for said purpose. Section 45. The city by and through its city council, shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects and systems, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charge for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities to do all the things and acts authorized by the Revenue Bond Law approved March 31, 1937 (Ga. L. 1937, p. 761), now amended or may hereafter be amended. Revenue producing projects. Section 46. The city council shall have the power and authority to require and compel all toilets, baths, water closets, urinals, and privies within the corporate limits of the City of Pinehurst to connect with the sewerage mains, sewer pipes or septic tanks. That should the owner of the property upon which is located any toilet, bath, water closet, urinal or privy fail and refuse to make the sewerage connections or connections to septic tanks as referred to herein within (30) days after being requested by said city, then such property owner may be punished as may be provided for by the city council. The City of Pinehurst may make or have made the sewer connections or connections to septic tanks and the costs thereof shall be assessed against the property and owner of such property upon which such fixtures are located and the collection of such assessment may be made by said city in the same manner and method as well as the

Page 2123

same defenses by the property owner as are now authorized in the collection of taxes by said city. Sewerage system. Section 47. The city council of Pinehurst shall have the power to compel all owners of stores, restaurants, banks, business houses and other buildings used for business purposes within the limits of said city to install therein water closets and toilets sufficient to meet the need of the occupants, tenants, employees and patrons of such stores, restaurants, banks, business houses and other enterprises and connect said water closets and toilets with the sewer mains of said city under the terms of and in accordance with and subject to all laws now in force in said city applicable thereto. In the event of refusal by the property owner within thirty (30) days after requested to so do by the city to install and connect the fixtures referred to herein, the city may make or have made such installation and connection and issue execution against the property owner for the costs and expenses thereof, with the same priority of lien of such execution and with the same right to owner to file affidavit of illegality to such execution as provided for the collection of taxes by said city. Same, [Illegible Text] houses. Section 48. The city shall have the right and privilege of extending the water and sewerage mains and system or either and when extended the above sections shall apply to the area within the corporate limits of said city where such extensions are made. Section 49. The city council shall have the power and authority to impose a tax, not exceeding two ($2) dollars per capita per annum on dogs owned or kept or found within the corporate limits of the City of Pinehurst, and shall have the power and authority to pass such ordinance as they deem necessary to collect such tax, or to otherwise enforce the provisions of this section, and may authorize and direct the marshal and police officers of Pinehurst to impound or kill any dog or dogs at large within the corporate limits of Pinehurst whose owner has failed or refuses to pay such tax, and also to otherwise provide for punishment of such owner or owners. Dogs.

Page 2124

That city council is granted further power and authority to have all dogs inoculated against rabies or other disease and to destroy those animals which are not so treated. Section 50. The city council shall have full power and authority by ordinance, to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect places of divine worship in and about the premises where held; to regulate the keeping of gunpowder, dynamite and other combustibles; to provide in or near said city places for the burial of the dead, and regulate the interment therein, may act as trustees under any conveyance or will giving money or property for charitable purposes; to provide for the drainage of lots in said city by proper drains, sewers or ditches; to make regulations guarding against danger or damage by fire; to exempt the officers and employees of the city from a street tax; to protect the person or property of the citizens of said city; to regulate and control public meetings and public speaking in the streets of Pinehurst, to contribute and support any work for the physical and moral uplift and benefit of the people of this city; to prevent the obstruction of the streets of said city, or gathering of disorderly crowds in said streets; to own, lease and maintain airports and landing fields and anything necessary thereto, and to supervise and control it whether inside or outside of the city limits; and to enforce the provisions of these rights by appropriate ordinances and to do any and all other things incident thereto, not contrary to the Constitution and laws of the State of Georgia. Powers of council. Section 51. The city councilmen of the City of Pinehurst may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height and location of the buildings, fences or other structures; or for the purpose of regulating the alignment of buildings or other structures near the street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts,

Page 2125

and such districts may be of such shape and area as the mayor and councilmen of said city shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises; the number of persons, families, or other group units to reside in or use said buildings; the public, quasi-public, or private nature of the use of the premises; or upon any other basis or bases relevant to the promotion of the public health, safety order, morals, conveniences, happiness, prosperity or welfare, and to enact any ordinances necessary to effectually carry out this section. Zoning. Section 52. The city council shall have authority to establish a city jail and provide regulations for the same in which to confine prisoners for punishment or persons arrested or persons for safekeeping and that said city shall have the right to establish a public works gang for the purpose of working the streets and other municipal works of said city. City council is authorized to establish such rules and regulations it deems necessary for the supervision, conduct and general welfare of said jail and public works camp. Jail. Section 53. The recorder's court shall have power and authority to preserve order during its session, to compel the attendance of witnesses, to punish for contempt for not more than six (6) days in jail or a fine not to exceed fifty ($50.00) dollars or both, to issue warrants for arrests, to act with same powers and authority of an ex officio justice of the peace in binding over to a higher court and assessing bond therefor. It is further provided that city council may have the same rights as recorder's court to punish for contempt when in regular or called sessions. All fines may be collected by execution issued by the clerk of council and levied as other executions. Recorder's Court. Section 54. The rights of certiorari from the judgment of recorder's court shall be had to the Superior Court of Dooly County and shall be governed and controlled by the laws of Georgia in force at the time the certiorari is made. Certiorari.

Page 2126

Section 55. The city council is vested with power and authority to establish fire limits or fire zones in said city, and to prohibit the erection or remodeling of any wooden building or other structures as will, in the opinion of said city council, increase the fire risks in such part or parts of the City of Pinehurst as they may designate fire limits or fire zone. They may change the fire limits or fire zone as they deem necessary, and exercise and use such supervision and control over the construction of houses and buildings of every nature as well as the materials used therein. The words house and building as used herein mean all parts of the house or building including awnings, sheds, chimneys, flues, plumbing, heating units, as well as wires. Fire limits. The city council may specify the kind and type of material to be used in the construction of buildings within the fire zone or fire limits, and the manner in which material may be used in erecting or repairing or remodeling such house or building. The city council shall have supervision and control of all warehouses, buildings and places where materials or property of an inflammable nature are stored, and may by ordinance provide suitable restrictions, rules and regulations for the operation, storage and conduct around and near such places. The city shall have power and authority to remove any forge, blacksmith shop, livestock sales stable, barns, or any other building, house, enclosure or structure within the said city limits whenever in their discretion it shall be necessary for protection against fire or health and shall have authority to cause the removal or repair or rebuilding of any chimney, flue, pipe or other thing or matter that in council's opinion will endanger the city of any property therein as to fire. The city council may summarily declare any building structure or house dangerous when the same appears to city council to be decayed, unsound or unsafe to pedestrians or persons passing, or that the same is endangering the health of said city or any portion of the inhabitants thereof, or in any location therein, or is likely to produce or spread disease

Page 2127

or sickness. This may be so declared by city council instanter and they may summarily condemn it to be torn down or destroyed with or without the contents therein, so as to prevent the introduction or spread of infectious diseases. The officers who perform this duty shall not be liable to answer therefor to anyone in any court, except for gross negligence and extreme want of care coupled with malice, provided that whenever any property shall have been destroyed under the provisions of this section the City of Pinehurst in its corporate capacity shall be liable to the owner thereof only for the actual cash value therefor and shall not be liable for any prospective damages in connection therewith. Section 56. The city council is authorized and empowered to establish, build, equip, maintain and conduct, or to assist in the same, of a general hospital in said city, and to levy a tax, to collect a tax and to appropriate funds from either general or special tax monies for said hospital, and the treatment of the sick therein, as well as the expenses of maintaining said hospital. Hospital. Section 57. The mayor and city council are hereby authorized, in their discretion, to make appropriations and payments from the general funds of the city for the purpose of soliciting and entertaining public conventions, conferences and meetings of all kinds of societies attended by delegates from other places, and any hall or auditorium belonging to the city may be used free or for a fee for such purposes; and also to make appropriations and payments from the general funds of the city for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city, and also for making contributions to any board of trade or chamber of commerce, or like body in said city, which may have for its object any of the above stated public purposes; and also to make payments from the general revenues and funds of the city for the support of public hospitals, libraries, charities and other eleemosynary institutions in the city. Conventions, etc. The said city is authorized to receive any funds, property

Page 2128

or other thing which may be offered as a donation or gift to the city or for public use and enjoyment. Gifts. Section 58. The city council is granted power and authority to enact such ordinances, resolutions, rules and regulations it deems necessary regarding the establishment of subdivisions of land within the city limits. It shall be the duty of each person or firm establishing or creating a subdivision of land in Pinehurst to file a plat or map of same with the clerk of the city council and all streets, sidewalks, lanes and alleys shown on said plat or map are declared to be and are dedicated to public use and become the property of the City of Pinehurst. Subdivisions. Section 59. The city council of the City of Pinehurst shall have power to authorize the marshal or any policeman of said city to summon; orally or otherwise, any bystander or as many bystanders as he deems necessary to aid in the arrest of any person or persons violating any ordinance of said city or law of this State, and to provide for any person or persons failing or refusing to obey said summons. Such person or persons assisting the marshal or policeman are hereby granted the immunities and privileges from any and all civil or criminal liability while in the performance of assisting or aiding such marshal or policeman. Police. Section 60. The city council shall have power and authority to require any person, firm or corporation to obtain from said city written permit to build, erect, repair or remodel in said city any house, building or any kind of structure. The city council shall have power and authority to prescribe the form of application for said permit and specify the information to be furnished by the applicant. The city council shall have the power and authority to specify the kind, type, and materials to be used in such building or repair and to grant or refuse to grant any application for permit with or without cause. They shall also have power and authority to provide penalties for the violation of any ordinances, rules or regulations regarding building permits. Building permits. Section 61. The city council shall have full power and authority to regulate the running, speed and parking of

Page 2129

buses, trucks, automobiles, trailers, engines, trains and other vehicles within the limits of said city and upon the streets, railroads, alleys, or other places in said city. Traffic. Section 62. The mayor and council members shall have the power and authority to grant franchises, easements, and rights of way in, on, under and over streets, alleys, lanes, squares, sidewalks, parks and other property of the said city. The city council shall likewise have the power and authority to pass such ordinances as may be necessary to carry out and effectuate the provisions of this section and to prescribe a penalty for a violation of these ordinances. Franchises. Section 63. All sales provided for here shall be as effective and effectual to pass title as the deed of the person against whom the execution was issued. The City of Pinehurst may buy property sold under execution under the same terms and provisions as is provided for the purchases of property by counties at tax sales in the State of Georgia. The city may also sell, exchange, or otherwise transfer and convey title to any property owned by it, upon ordinance or resolution passed by city council. Sale of Property. Section 64. The city council shall have power to take up and impound any horses, mules, hogs, cows, chickens, geese, or other animals or birds running at large in said city; also levy a tax on each dog in said city running at large not to exceed two ($2) dolalrs a year, and to make and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals in said city, and to enforce the provisions of this section, including the advertising and sale of such animals which may be impounded. To assess fees and costs therefor and provide for the collection and payment thereof. Animals. Section 65. All unliquidated claims against said City of Pinehurst shall be presented within twelve (12) months after they accrue or become payable, or the same are barred, unless held by minors or other person laboring under disabilities, who are allowed twelve (12) months after the removal of such disability. Claims.

Page 2130

Section 66. The city council shall have power to prevent, control, and abate idleness and loitering within the corporate limits of the City of Pinehurst to provide for and to punish any person or persons found guilty of loitering or vagrancy. Vagrancy. Section 67. The City of Pinehurst shall have the power and authority to own, acquire, control, and maintain property in or near said city for a cemetery, and to regulate and control interments therein, to punish any and all persons injuring or destroying the property or shrubbery therein, and to enact such ordinances and prescribe such rules and regulations as the city council may deem necessary to properly regulate, protect and control the said property and the use thereof. Cemetery. Section 68. The city council shall have power and authority to prevent, to regulate or to supervise the use of firearms, fireworks, or other dangerous annoyances or explosives used in sports or otherwise in said city, providing however this section shall not apply to any citizen when defending or protecting his person or property. Guns and explosives. Section 69. The city council may declare what shall be a nuisance in said city, and provide for the abeyance of the same. The city council shall have the power and authority to remove or cause to be removed at the expense of the owner thereof, any or any portion of any building, porch, steps, fence or other obstruction or nuisance in or near any public street, and to abate any and all nuisances located within the corporate limits of said city; also to provide for punishment for anyone found guilty of maintaining or carrying on a nuisance. In the event a nuisance is abated at any expense or cost to the City of Pinehurst and the owner of said nuisance fails and refuses to pay the said cost or expense within ten (10) days after a demand is made for such payment, then the clerk of the City of Pinehurst shall issue execution in the name of said city for such costs or expenses in the same manner as for taxes. Said execution shall have the same dignity as one issued from the superior courts of this State. Nuisances. Section 70. The city council shall have full power and

Page 2131

authority to establish a fee-bill for the officers of said city, such fees when collected, to be paid into the city treasury and that until, and unless changed by ordinance the same fees shall be charged and collected by the said city officers insofar as applicable, as is now provided for sheriffs and clerks of the superior courts of this State. The clerk is authorized to issue execution for the nonpayment of past due or delinquent unpaid fees. Fees. Section 71. The city council is authorized and empowered to sell, furnish, and distribute water, gas and sewerage utilities service together with the facilities to furnish and supply these services within the corporate limits and within one (1) mile from the corporate limits of said city. The city council is authorized and empowered to make contracts for the purchase of electric energy, power and current for its use, to contract for the purchase, installation and maintenance of any and all machinery, facilities, and equipment the city council may deem necessary. That the said city shall have the right to obtain by purchase, gift or condemnation such rights of ways and easements as may be necessary for the purpose as provided in this section. Utilities. Section 72. The city council shall have power and authority to prevent or regulate the carrying on during the Sabbath Day of all business of whatever nature in any manner they may see fit not contrary to laws of this State; to prohibit all games and amusements within the city limits not consistent with the proper observance of the Sabbath Day. Sabbath Day. Section 73. The authority aforesaid that city council is granted authority to regulate, control and supervise the sale and distribution of any malt or alcoholic drinks or beverages within the city limits or within a one (1) mile limit without the city limits where the sale, storage or possession of malt or alcoholic beverages or drinks have a tendency to adversely affect the moral, physical or health conditions of said city or of the inhabitants thereof. Alcoholic drinks. Section 74. The recorder of said city shall have the power and authority to hold a court to be known as Recorder's

Page 2132

Court at such time and place in said city as he or the city council may designate and appoint for the hearing and trial of offenses committed against or for the violation of the bylaws, rules, regulations, ordinances, or laws of said city. Recorder's Court. The recorder or presiding officer of the recorder's court is authorized and empowered to hear and try those charged with the violation of, or offense against, the bylaws, rules, regulations, ordinances, or laws of said city and should the defendant plead guilty or be found or adjudged guilty of any such violation he may be punished by confinement in the city jail or stockade for a term not to exceed thirty (30) days, a term on the public works gang not to exceed thirty (30) days, a fine not to exceed one hundred ($100.00) dollars any one or more or any part of one or more of such punishments in the discretion of such Recorder or the presiding officer of such court. All sentences may be in the alternative and fines may be imposed with alternative of either or both of the other punishments in the event the fines are not paid. The recorder may also require that the costs of prosecution shall be paid by the defendant. Upon the failure or refusal of any person to pay promptly any fine or costs imposed by said recorder's court the same may be enforced and collection by an execution issued by the clerk of council as provided for herein for the collection of taxes, and levies, sales and defenses may be made in the same manner as executions issued for taxes. The city council shall have the power and authority to provide by ordinance or otherwise for the charge and collection of all costs in recorder's court such as are usually incident and lawfully chargeable in the class of cases tried in said court, the same to be added to, or included in the amount of fine imposed. Unless changed by the city council the charges for costs shall be the same as are now or as may be lawfully charged in superior courts of this State. The recorder or person serving as recorder of said city shall be ex officio justice of the peace so far as to enable him to issue warrants for any offense, State, County or city,

Page 2133

committed within the city limits of said city. Said warrant may be served by the marshal or police of said city or by any arresting officer of this State, and acting under said warrant, the officer may arrest either within or without the limits of said city. Offenders so arrested may be carried before the recorder, and if there is probable cause to suspect that any of the penal laws of this State or any rule, regulation, bylaws, ordinance or law of said city has been violated, then the recorder may bind the offender over to the proper court, and to commit the accused to the jail or place of confinement to answer the charge against him, provided, that the recorder may, if such offense is bailable, admit the accused to bail, the arresting officer may approve the bond. Should the accused be bound over to the State courts then all papers should be delivered to the clerk of the court to which the accused was bound over. The mayor may serve as the recorder when the recorder is absent, disqualified, or unavailable to serve, and should both the recorder and mayor be absent, disqualified or unavailable to serve, the mayor pro tem. of said city may serve as presiding officer at recorder's court. Section 75. The City of Pinehurst shall be authorized and empowered to undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for re-use, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof. Slum clearance. Section 76. Any other provision or provisions of this Act to the contrary notwithstanding, the mayor and council, being the governing authority, of the City of Pinehurst, are hereby authorized and empowered by the adoption of an ordinance or resolution to close, abandon and vacate and declare surplus property the whole of the portion of Railroad Street in the City of Pinehurst which lies southerly of the

Page 2134

south side of Haslam Avenue and by the adoption of such ordinance or resolution to dispose of said portion of Railroad Street by private sale to Alton P. Draughon and William C. Griggs, Jr. doing business as a partnership, the said portion of Railroad Street so closed, abandoned and vacated and declared surplus at and for a cash consideration in the amount of $400.00 in United States currency or its equivalent. Railroad St. Section 77. The City of Pinehurst is authorized and empowered to own and operate a cemetery or cemeteries. Any and all cemeteries owned by the City of Pinehurst shall be managed and controlled by the mayor and council and shall be under the direction and supervision of the mayor and council and the mayor and council may provide a person or persons to operate the same and the method of management, either with or without a sexton, as they deem necessary. The mayor and council is authorized and empowered to purchase, sell and exchange land in the operation of said cemetery or cemeteries, to purchase, sell and exchange personalty in the operation of said cemetery or cemeteries and to do any and all other things and exercise such other duties as may be necessary for the operation of a cemetery or cemeteries. The mayor and council may accept gifts, grants and other donations in its operation and management of such cemetery or cemeteries. Cemeteries. Section 78. The City of Pinehurst is hereby authorized and empowered to receive any Federal funds, or any other funds, made available to it and to allot said funds under such ordinances, rules and regulations as may be adopted by the city council, subject to such limitations as may be imposed in the grant or appropriation of said funds. Federal funds. Section 79. The provisions of this Act shall not abolish any of the ordinances now in effect in the City of Pinehurst except where they are in conflict with the provisions of this Act, but the same shall be preserved and continued. Ordinances. Section 80. All other Acts heretofore approved by the General Assembly relating to the City of Pinehurst except such part or parts thereof as may be in conflict with the

Page 2135

provisions of this Act, shall be and they are hereby continued in operation, confirmed and consolidated with and made a part of this Act. Intent. Section 81. 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, 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 82. 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 1963 Session of the General Assembly of Georgia, a bill to amend, consolidate, create, revise and supersede the several Acts incorporating the Town of Pinehurst in the County of Dooly, the State of Georgia, and all amendments in respect thereto; to create a new charter for said corporation; to change the name from the Town of Pinehurst to the City of Pinehurst; to provide a municipal government therefor; to define the territorial limits of said town; to provide for a mayor, council and recorder, and to define their powers and duties; to provide the punishment of violators of the ordinances, rules and regulations of said municipality; to define the powers and duties of the mayor and council; to provide for elections of mayors and council members, and to define their qualifications; and for other purposes.

Page 2136

This 20th day of December, 1962. /s/ W. L. Horne, Mayor of the Town of Pinehurst. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, T. I. Sangster, who, on oath, deposes and says that he is Representative from Dooly County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Vienna News, which is the official organ of said county, on the following dates: January 3rd, 10th and 17th, 1963. /s/ T. I. Sangster, Representative, Dooly County, Georgia. Sworn to and subscribed before me, this 8th day of February, 1963. /s/ Frank E. Blankenship, Notary Public, Georgia State at Large, My Commission expires July 15, 1966. (Seal). Approved March 5, 1963. STEAMSHIP SAVANNAH COMMISSION. No. 28 (House Bill No. 55). An Act to create the Steamship Savannah Commission, a body corporate and politic and a public corporation of the State; to provide for its organization and appointment of members; to empower the Commission to finance, build or acquire a replica of the Steamship SAVANNAH, the first steam vessel to cross the Atlantic Ocean; to authorize said Commission to borrow money for that purpose; to issue bonds, revenue certificates, indentures

Page 2137

and other evidences of indebtedness; to execute mortgages and security instruments covering the vessel; to operate said vessel for the carriage of sightseers, tourists and passengers or to charter or lease same; to establish and charge admissions and fees; to grant or lease concession rights; to maintain a nautical museum abord the vessel; and for other purposes. Whereas, in 1818 the General Assembly of the State of Georgia passed an act to incorporate The Savannah Steam Ship Company for the purpose of making a laudable and meritorious experiment, namely, to attach, either as auxiliary or principal, the propulsion of steam to sea vessels, for the purpose of navigating the Atlantic and other oceans.....; and Whereas, in 1819 the Steamship Savannah made an epochal voyage from Savannah across the Atlantic, demonstrating the practicality of steam power in oceanic commerce; and Whereas, the building of a replica of the Steamship Savannah and its operation will not only be a unique attraction for Georgia but would serve as additional recognition of the historic part played by this State and by Savannah in the progress and development of oceanic commerce; Now, therefore, be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority aforesaid, as follows: Section 1. There is hereby created a body corporate and politic and public corporation of this State to be known as The Steamship Savannah Commission. It shall have perpetual existence and in said name may contract and be contracted with; sue and be sued; implead and be impleaded, and complain and defend in all courts of law and equity. Said corporation shall be a non-profit, educational organization. Created. Section 2. The Commission shall consist of Ten (10) members who shall be residents of the county of Chatham,

Page 2138

State of Georgia, each of whom, after the initial terms herein designated, shall serve for a term of five (5) years. Five of the members shall be appointed by the mayor of the City of Savannah, with the approval of the board of aldermen thereof, and five by the county commissioners of Chatham County. The mayor of the City of Savannah, with the approval of the board of aldermen, shall initially appoint five members of the Commission by denominating for one member a term of one year; for one member a term of two years; for one member a term of three years; for one member a term of four years, and one member a term of five years. The board of commissioners of Chatham County, Georgia shall initially make similar appointments of five members for terms of one to five years, respectively. Members may succeed themselves. In the event of a vacancy in office of any member appointed by the mayor of the City of Savannah same shall be filled by the mayor with the approval of the board of aldermen, for a term expiring on the date of the term of the member in such appointment he may succeed. The same provision shall be applicable to appointments made by the commissioners of Chatham County. Members. Section 3. The Commission shall elect one of its members as chairman and another as vice chairman. It shall also elect a secretary and treasurer who need not be members. The office of secretary and treasurer may be combined in one person. The Commission may appoint such other officers and make such by-laws for its government as it may deem necessary. Adequate records and books shall be kept by the Commission, including records of income and disbursements of every nature. Officers, records, etc. Section 4. In addition to the powers conferred herein the Commission shall have the following powers: Powers. (a) To have a seal and to alter same at its pleasure; (b) To finance, build, purchase or acquire a replica or reproduction of the Steamship Savannah whose home port shall be Savannah; the propulsion of which may be by diesel engine, hydraulic, or otherwise;

Page 2139

(c) To issue bonds, debentures, revenue certificates and other evidences of indebtedness for the financing thereof, by private sale and negotiation or by public bid; provided, however, that no such obligation shall be the direct or indirect obligation of the State of Georgia, the County of Chatham or the mayor and aldermen of the City of Savannah; (d) To borrow money and to execute preferred ship's mortgages or other mortgage or security instrument covering the proposed vessel as security therefor; (e) To pledge for the payment of bonds, certificates or other evidences of indebtedness income and revenue from the operation of the vessel; (f) To receive contributions by gift from any source and to apply for and receive available Federal, State, county and/or municipal grants and appropriations. (g) To make surveys and feasibility studies of the project; to employ experts; to contract for the building of said vessel either by bid or negotiation and to make all other contracts and agreements necessary, convenient to that end, or in the management of the affairs of the Commission. (h) To maintain and operate said vessel through the Commission or others; to employ a Master and crew; to enter into charter parties and hire or lease same; (i) To establish and charge admissions and fees for excursions, tourists and sight-seeing; and to grant or operate concessions aboard the vessel; (j) To create and maintain a nautical museum aboard the vessel, if practicable; (k) To prescribe rules and regulations in connection with the project; (l) To validate bonds or revenue certificates in accordance with the Revenue Certificate Act of 1937, in the Superior Court of Chatham County.

Page 2140

Section 5. When the Commission decides to issue and sell revenue certificates or any other certificates or bonds herein authorized, the chairman, within a period of ten (10) days from said decision, shall notify in writing all firms engaged in corporate and municipal financing in Chatham County. Said firms shall be given thirty (30) days from the date of notification to advise the Commission in writing of their interest in a negotiation of sale for said certificates or bonds. After the forty (40) day period, the Commission shall negotiate the sale of said bonds or certificates in one of three ways: Bonds. 1. The issue shall be offered for competitive bidding by any and all investment firms doing business in corporate and municipal financing doing business in Chatham County. 2. If the Commission determines that the best interest of the project is to negotiate a closed or private sale of said bonds or certificates then all firms engaged in the investment banking business of corporate and municipal financing in Chatham County who have expressed in writing their interest in the negotiation of sale shall do so as a group on an equal basis or shall act as fiscal agents as a group on a fee basis without participating in the bidding for the purchase of said bonds or certificates. 3. If no investment firm in Chatham County expresses an interest in the thirty (30) day period after notification, the Commission is authorized to handle the negotiation of sale in any manner it sees fit consistent with the best interests of the people of Chatham County and the State of Georgia. Section 6. 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 the remaining provisions. Severability. Section 7. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

Page 2141

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: Notice of Intention to Apply for Local Legislation. State of Georgia, County of Chatham. Notice is hereby given of the intention to apply for legislation at the next regular session of the General Assembly of Georgia which convenes Monday, January 14, 1963, to create the Steamship Savannah Commission as a body corporate and politic and a public corporation of the State; to provide for its organization and appointment of members; to empower the Commission to finance, build or acquire a replica of the Steamship SAVANNAH, the first steam vessel to cross the Atlantic Ocean; to authorize said Commission to borrow money for that purpose; to issue bonds, revenue certificates, indentures and other evidences of indebtedness; to execute mortgages and security instruments covering the vessel; to operate said vessel for the carriage of sightseers, tourists and passengers or to charter or lease same; to establish and charge admissions and fees; to grant or lease concession rights; to maintain a nautical museum aboard the vessel; and for other purposes. Owen H. Page has been published in said Savannah Evening Press, once a week for three weeks, to-wit in the regular issues of Dec. 28, Jan. 4, 11. Sandra Hales

Page 2142

Sworn to and subscribed before me, this 15th day of January, 1963. /s/ Robbie Jo Miller, Notary Public, Chatham County, Georgia. My Commission expires March 24, 1964. (Seal). Approved March 5, 1963. LIBERTY COUNTYCOMPENSATION OF ORDINARY. No. 29 (House Bill No. 179). An Act to amend an Act to supplement the fees of the ordinary of Liberty County, approved February 16, 1955 (Ga. L. 1955, p. 2342), so as to change such supplemental compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to supplement the fees of the ordinary of Liberty County, approved February 16, 1955 (Ga. L. 1955, p. 2342), is hereby amended by striking from section 1 of said Act the words and figures seventy-five dollars ($75.00) and inserting in lieu thereof the words and figures one hundred and fifty dollars ($150.00), so that when so amended section 1 shall read as follows: Section 1. The fees which the ordinary of Liberty County receives shall be supplemented by the payment of one hundred and fifty dollars ($150.00) per month, which sum shall be in addition to the fees which he receives and which sum shall be paid from the funds of Liberty County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2143

Notice. Notice is hereby given that local legislation will be introduced at the 1963 Session of the General Assembly of Georgia to change the compensation of the commissioners of roads and revenues of Liberty County and the ordinary of Liberty County, Georgia. This 27th day of December, 1962. /s/ Charles M. Jones, Representative, Liberty County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles M. Jones, who, on oath, deposes and says that he is Representative from Liberty County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Liberty County Herald, which is the official organ of said county, on the following dates: Dec. 27, 1962, Jan. 3 and 10, 1963. /s/ Charles M. Jones, Representative, Liberty County, Georgia. Sworn to and subscribed before me, this 11th day of February, 1963. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large. My Commission expires March 17, 1964. (Seal). Approved March 6, 1963.

Page 2144

LIBERTY COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 30 (House Bill No. 180). An Act to amend an Act creating the board of commissioners of roads and revenues for Liberty County, approved Mar. 12, 1935 (Ga. L. 1935, p. 712), as amended, particularly by an Act approved February 22, 1943 (Ga. L. 1943, p. 1072), so as to change the compensation of the county commissioner and the chairman; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the board of commissioners of roads and revenues for Liberty County, approved Mar. 12, 1935 (Ga. L. 1935, p. 712), as amended, particularly by an Act approved February 22, 1943 (Ga. L. 1943, p. 1072), is hereby amended by striking from section 14 of said Act the figures $40.00 and the figures $50.00, and inserting in lieu thereof the figures $75.00 and the figures $100.00, so that when so amended section 14 shall read as follows: Section 14. Be it enacted by the authority aforesaid, that members of the board of commissioners herein created shall receive as their compensation $75.00 per month for the members, except the chairman, who (chairman) shall receive a salary of $100.00 per month. The said commissioners shall elect a clerk of the board, whose duty it shall be to keep a record of the actings and doings of the board, at the courthouse in said county; said records to be open for inspection of any citizen of said county and at all times, if the same does not conflict with the meetings of the board, and he shall perform such other duties as may be assigned by said board, and he shall keep all the books and records in a neat, first-class, business-like condition at all times. He shall receive such compensation as the board of commissioners shall fix and designate as a salary. Said clerk shall not be a member of the board of commissioners. The said commissioners shall at their first meeting elect a chairman

Page 2145

of said board from their own membership who shall act as such chairman during the entire term of said board. Said commissioners before entering upon their duties as such shall take an oath before the ordinary for the faithful performance of their duties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that local legislation will be introduced at the 1963 Session of the General Assembly of Georgia to change the compensation of the commissioners of roads and revenues of Liberty County and the ordinary of Liberty County, Georgia. This 27th day of December, 1962. /s/ Charles M. Jones, Representative, Liberty County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles M. Jones, who, on oath, deposes and says that he is Representative from Liberty County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Liberty County Herald, which is the official organ of said county, on the following dates: Dec. 27, 1962, Jan. 3 and 10, 1963. /s/ Charles M. Jones, Representative, Liberty County, Georgia. Sworn to and subscribed before me, this 11th day of February, 1963. /s/ Patricia Anne Bowen, Notary Public, Georgia State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved March 6, 1963.

Page 2146

ANDREW COLLEGECHARTER AMENDED. No. 32 (House Bill No. 438). An Act to amend an Act incorporating Andrew Female College, (now Andrew College), approved January 15, 1854 (Ga. L. 1854, p. 116), as amended, by an Act approved August 19, 1912 (Ga. L. 1912, p. 561), and an Act approved February 24, 1943 (Ga. L. 1943, p. 1659), so as to change the term of office of Trustees; to expressly authorize said institution, through its Board of Trustees, to borrow money and give security therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating Andrew Female College, (now Andrew College), approved January 15, 1854 (Ga. L. 1854, p. 116), as amended, by an Act approved August 19, 1912 (Ga. L. 1912, p. 561), and an Act approved February 24, 1943 (Ga. L. 1943, p. 1659), is hereby amended by striking from section II the word six and the words every two years, and inserting in lieu thereof the word three and the words each year, respectively, and by adding at the end of section II a new paragraph to read: Said Trustees and their successors in office, under the name and style aforesaid, shall have the power to borrow money and contract debts when necessary or proper for the transaction of the business of the college or for exercise of its corporate rights, privileges, or franchises, or for any other lawful purpose of its incorporation; to issue bonds, promissory notes, bills of exchange, debentures, and other obligations and evidences of indebtedness, whether secured by mortgage, pledge, deed to secure debt, trust indenture, or otherwise, or unsecured; to borrow money for payment of property purchased or acquired or for any other lawful purposes. so that when so amended section II shall read as follows: Section II. Be it further enacted by the authority aforesaid that said original Act be so amended so as to provide

Page 2147

for the election of a Board of Trustees of said college to consist of not less than fifteen members and not more than thirty-six members, said Trustees to be elected by the original Board of Trustees and their successors to serve three years each, the term of office being so arranged that one-third will retire from office each year. Said new Trustees to be elected by a majority vote of said Trustees. Terms of trustees. Said Trustees and their successors in office, under the name and style aforesaid, shall have the power to borrow money and contract debts when necessary or proper for the transaction of the business of the college or for exercise of its corporate rights, privileges, or franchises, or for any other lawful purpose of its incorporation; to issue bonds, promissory notes, bills of exchange, debentures, and other obligations and evidences of indebtedness, whether secured by mortgage, pledge, deed to secure debt, trust indenture, or otherwise, or unsecured; to borrow money for payment of property purchased or acquired or for any other lawful purposes. Power to borrow money. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to introduce legislation in the General Assembly of Georgia, 1963 session, to amend the charter of Andrew College, changing the term of trustees, and to grant to said college certain powers additional to those contained in the present charter, including, but not limited to, the power to borrow money and convey property of said college as collateral therefor and certain other powers; and for other purposes. A'Delbert Bowen Representative Randolph County Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A'Delbert Bowen,

Page 2148

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, Cuthbert, Georgia, which is the official organ of said county, on the following dates: February 7, 14, and 21, 1963. /s/ A'Delbert Bowen Representative, Randolph County Sworn to and subscribed before me this 25th day of February, 1962. /s/ Kathryn Rule Notary Public. My commission expires January 30, 1965. (Seal). Approved March 8, 1963. CLAYTON COUNTYCOMMISSIONERS OF ROADS AND REVENUES. No. 37 (House Bill No. 219). An Act to amend an Act creating a board of commissioners of roads and revenues of Clayton County approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, by an Act approved March 6, 1956 (Ga. L. 1956, p. 3072), an Act approved March 25, 1958 (Ga. L. 1958, p. 3118), and an Act approved March 7, 1960 (Ga. L. 1960, p. 2268), so as to change the compensation of the chairman and the other two members of the board; to authorize the board to employ a purchasing agent; to change the expenditure limit for competitive bids; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues of Clayton County approved February

Page 2149

8, 1955 (Ga. L. 1955, p. 2064), as amended, by an Act approved March 6, 1956 (Ga. L. 1956, p. 3072), an Act approved March 25, 1958 (Ga. L. 1958, p. 3118), and an Act approved March 7, 1960 (Ga. L. 1960, p. 2268), is hereby amended by striking from section 7 the words and figures eight thousand five hundred (8,500.00), and inserting in lieu thereof the words and figures twelve thousand five hundred (12,500.00), and by striking the words and figures three thousand (3,000.00), and inserting in lieu thereof the words and figures four thousand five hundred (4,500.00), so that when so amended section 7 shall read as follows: Section 7. The chairman of the board shall be compensated in the amount of twelve thousand five hundred ($12,500.00) dollars per annum to be paid in equal monthly installments from the funds of Clayton County. The county shall furnish the chairman with gasoline and oil for his automobile when used for county business and he shall be allowed five cents (.05) per mile for the use of his automobile when used for county business, but such mileage allowance shall not exceed six hundred ($600.00) dollars per annum. Such mileage allowances shall be paid monthly. The other two members of the board shall be compensated in the amount of four thousand five hundred ($4,500.00) dollars per annum to be paid in equal monthly installments. Such other members shall also be allowed five (.05) cents per mile for the use of a personal automobile when used for county business, but such mileage shall not exceed three hundred ($300.00) dollars per annum. Such mileage allowances shall be paid monthly. The chairman of the board shall devote his entire time to the duties of his office and shall be the administrative and executive official of the board. All three members of the board, however, shall have an equal vote in all matters pertaining to the affairs of Clayton County, and the chairman shall carry out and administer the policies set by the board. Two members of the board shall constitute a quorum for the conducting of business, but it shall always take a concurrent vote of at least two members of the board to make any action official. Compensation of chairman and members. Section 2. Said Act is further amended by inserting between

Page 2150

sections 12 and 13 of said Act, two new sections to be numbered 12A and 12B to read as follows: Section 12A. The board is authorized by this Act to require centralized purchasing for all departments and agencies of county government, so as to effect the utmost economy, consistent with efficiency and quality. They shall prescribe procedure for requisitioning, require inventories of property, materials, supplies and equipment and adopt the necessary rules and requirements that will provide for the orderly purchasing of county materials, supplies and equipment. Centralized purchasing. Section 12B. The board is hereby authorized and empowered to employ and engage the services of a purchasing agent, who shall hold office at the pleasure of the board and who shall be compensated in equal monthly installments from the funds of Clayton County in an amount to be fixed by the board. The purchasing agent shall give a surety bond signed by a surety company licensed to do business in this State, to be approved by the Ordinary of Clayton County, in the sum of twenty five thousand ($25,000.00) dollars, payable to the ordinary and his successors in office, and conditioned upon the satisfactory discharge of his duties in carrying out the conditions thereof, which bond may be sued upon in the name of the ordinary, either on his own motion or by direction of the grand jury of the county. The premium on said bond shall be paid from the funds of Clayton County. The purchasing agent shall be at least twenty one (21) years of age and must not be related to any member of the board by blood or marriage within the third degree. The purchasing agent shall devote his entire time to the duties of his office and shall keep such office hours in the office of the board as shall be designated by the board. The purchasing agent shall perform such duties as may be delegated to or required of him by said board. Purchasing agent. Section 3. Said Act is further amended by adding the words purchasing agent between the words board and or as they appear in the first, next to last and last sentences of section 13 and by striking the figure 500.00 and

Page 2151

inserting in lieu thereof the figure 1,500.00, so that when so amended section 13 shall read as follows: Section 13. It shall be unlawful for any member of the board, purchasing agent or the clerk of the board, to purchase warrants drawn on county funds and it shall also be unlawful for any member of the board, purchasing agent or the clerk of the board, to speculate in such warrants. It shall be unlawful for the board to employ any person related to any member of the board by blood or marriage within the third degree except the county attorney or the county physician, or to contract with any such person for any material, equipment or supplies unless the same be upon competitive bid and the person so related submits the lowest bid therefor. All purchases of supplies and other materials in an amount in excess of $1,500.00 shall be by competitive bids with advertisement of said purchases to be published in the official organ of Clayton County for two weeks, once a week before the date of the purchase. It shall be unlawful for any member of the board, purchasing agent or the clerk of the board, to have any financial interest in the transaction of any business in connection with the purchase or sale of any goods or supplies for Clayton County. Any person serving as a member of the board, purchasing agent or as a clerk who violates any provision of this section shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as for a misdemeanor, and such person's place shall immediately be declared vacant. Purchases. 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 1963 session of the General Assembly of Georgia a bill to provide for a change in compensation and/or expenses of the three member Board of County Commissioners of Roads and Revenues, to provide the manner in which the board shall make purchases and handle advertisements for bids, to authorize procedure and employment of personnel

Page 2152

to aid and assist with purchasing, to delegate duties, other related matters; and for other purposes. This 20th day of December 1962. Edgar Blalock Wm. J. Lee Representatives, Clayton County Affidavit. Georgia, Clayton County: This is to certify that the attached Notice of Intention To Introduce Local Legislation was published in The Forest Park News, Forest Park, Georgia, which is the Official Organ of Clayton County, on the following dates, December 20th and 27th, 1962 and January 3rd, 10th and 17th, 1963. /s/ J. H. House, Jr. Owner Publisher The Forest Park News Forest Park, Georgia Sworn to and subscribed before me this 31 day of January, 1963. /s/ Alice M. Jackson Notary Public, Clayton County, Georgia My commission expires Feb. 22, 1963. (Seal). Approved March 11, 1963.

Page 2153

CLAYTON COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 38 (House Bill No. 220). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the one office of tax commissioner of Clayton County, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved March 12, 1941 (Ga. L. 1941, p. 824), an Act approved February 16, 1943 (Ga. L. 1943, p. 890), an Act approved March 6, 1945 (Ga. L. 1945, p. 940), an Act approved March 26, 1947 (Ga. L. 1947, p. 746), an Act approved February 1, 1949 (Ga. L. 1949, p. 41), an Act approved February 8, 1950 (Ga. L. 1950, p. 2065), an Act approved December 7, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2076), an Act approved March 7, 1957 (Ga. L. 1957, p. 2775), an Act approved February 14, 1958 (Ga. L. 1958, p. 2109), an Act approved March 7, 1960 (Ga. L. 1960, p. 2266), and an Act approved April 5, 1961 (Ga. L. 1961, p. 3154), so as to change the compensation of the tax commissioner of Clayton County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of Clayton County into the one office of tax commissioner of Clayton County, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved March 12, 1941 (Ga. L. 1941, p. 824), an Act approved February 16, 1943 (Ga. L. 1943, p. 890), an Act approved March 6, 1945 (Ga. L. 1945, p. 940), an Act Approved March 26, 1947 (Ga. L. 1947, p. 746), an Act approved February 1, 1949 (Ga. L. 1949, p. 41), an Act approved February 8, 1950 (Ga. L. 1950, p. 2065), an Act approved December 7, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2076), an Act approved March 7, 1957 (Ga. L. 1957, p. 2775), an Act approved February 14, 1958 (Ga. L. 1958, p. 2109), an Act approved March 7, 1960 (Ga. L. 1960, p. 2266), and an Act approved April 5, 1961 (Ga. L. 1961, p.

Page 2154

3154), is hereby amended by striking from section 7 of said Act the words and figures seven thousand nine hundred fifty (7,950.00) and substituting in lieu thereof the words and figures twelve thousand (12,000.00), and by adding at the end of section 7 a new sentence to read: Provided further that should the above named county officer receive and retain any fees or compensation whatsoever from the State of Georgia or any political subdivision thereof other than Clayton County under and by virtue of his county office, the compensation to be paid such county officer under this Act shall be reduced by the sum of any such fees and compensation received and retained by him so that the salary herein fixed shall be the total compensation received by the above named county officer by virtue of his office whether such county officer acts in his capacity as an officer of the county or as an agent or officer of the State of Georgia or any other political subdivision thereof., so that when so amended section 7 shall read as follows: Section 7. The tax commissioner of Clayton County shall be compensated in the amount of twelve thousand ($12,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Clayton County. This shall be his full and complete compensation and shall be in lieu of all commissions, fees or charges of any kind whatsoever heretofore or hereafter received by said tax commissioner. It is hereby specifically provided that he shall not be entitled to the amount provided in an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. All funds collected from any source under color of said office, except the salary provided herein, shall be county funds and shall be accounted for by the tax commissioner as such. Provided further that should the above named county officer receive and retain any fees or compensation whatsoever from the State of Georgia or any political subdivision thereof other than Clayton County under and by virtue of his county office, the compensation to be paid such

Page 2155

county officer under this Act shall be reduced by the sum of any such fees and compensation received and retained by him so that the salary herein fixed shall be the total compensation received by the above named county officer by virtue of his office whether such county officer acts in his capacity as an officer of the county or as an agent or officer of the State of Georgia or any other political subdivision thereof. Section 2. 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 1963 session of the General Assembly of Georgia legislation to change the compensation and allowance of the tax commissioner of Clayton County; and for other purposes. This 20th day of December 1962. Edgar Blalock Wm. J. Lee Representatives, Clayton County Affidavit. Georgia, Clayton County: This is to certify that the attached Notice of Intention To Introduce Local Legislation was published in the Forest Park News, Forest Park, Georgia, which is the Official Organ of Clayton County, on the following dates, December 20th and 27th, 1962 and January 3rd, 10th and 17th, 1963. /s/ J. H. House, Jr. Owner Publisher The Forest Park News Forest Park, Georgia

Page 2156

Sworn to and subscribed before me this 31 day of January, 1963. /s/ Alice M. Jackson Notary Public, Clayton County, Georgia My commission expires Feb. 22, 1963. (Seal). Approved March 11, 1963. CLAYTON COUNTYCOMPENSATION OF SHERIFF AND CLERK OF SUPERIOR COURT. No. 39 (House Bill No. 221). An Act to amend an Act placing the sheriff and the clerk of the superior court of Clayton County on a salary system in lieu of a fee system, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved February 7, 1950 (Ga. L. 1950, p. 2071), an Act approved December 7, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2080), and an Act approved March 7, 1960 (Ga. L. 1960, p. 2263), so as to change the compensation of the sheriff and 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 sheriff and the clerk of the superior court of Clayton County on a salary system in lieu of a fee system, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved February 7, 1950 (Ga. L. 1950, p. 2071), an Act approved December 7, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2080), and an Act approved March 7, 1960 (Ga. L. 1960, p. 2263), is hereby amended by striking from section 1 the figure 8,000.00 and inserting in lieu thereof the figure 12,000, so that when so amended section 1 shall read as follows: Section 1. The salaries for the officers herein named shall be their full and complete salary, and all fees or other

Page 2157

emoluments now allowed, or hereafter allowed by any authority of law, shall, except as herein otherwise provided, be construed to be county funds, and accountable for as such. The sheriff and the clerk of the superior court shall each receive a salary of $12,000 per year, both salaries being payable in equal monthly installments by the governing authority of said county out of the funds of said county. Any funds, except the salary provided collected under the color of their offices shall be construed as county funds and shall be accounted for as such. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1963 session of the General Assembly of Georgia legislation to change the compensation and allowance of the Sheriff and Clerk of the Superior Court of Clayton County; and for other purposes. This 20th day of December 1962. Edgar Blalock Wm. J. Lee Representatives, Clayton County Affidavit. Georgia, Clayton County: This is to certify that the attached Notice of Intention To Introduce Local Legislation was published in The Forest Park News, Forest Park, Georgia, which is the Official Organ of Clayton County, on the following dates, December 20th and 27th, 1962 and January 3rd, 10th and 17th, 1963. /s/ J. H. House, Jr. Owner Publisher The Forest Park News Forest Park, Georgia

Page 2158

Sworn to and subscribed before me this 31 day of January 1963. /s/ Alice M. Jackson Notary Public, Clayton County, Georgia. My commission expires Feb. 22, 1963. (Seal). Approved March 11, 1963. CLAYTON COUNTYCOMPENSATION OF ORDINARY. No. 40 (House Bill No. 250). An Act to amend an Act placing the ordinary of Clayton County on a salary basis in lieu of a fee basis, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved February 8, 1951 (Ga. L. 1951, p. 2319), an Act approved February 26, 1957 (Ga. L. 1957, p. 2228), an Act approved March 9, 1959 (Ga. L. 1959, p. 2197), and an Act approved March 28, 1961 (Ga. L. 1961, p. 2774), so as to provide for a change in the compensation of the ordinary of Clayton County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the ordinary of Clayton County on a salary basis in lieu of a fee basis, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved February 8, 1951 (Ga. L. 1951, p. 2319), an Act approved February 26, 1957 (Ga. L. 1957, p. 2228), an Act approved March 9, 1959 (Ga. L. 1959, p. 2197), and an Act approved March 28, 1961 (Ga. L. 1961, p. 2774), is hereby amended by striking from Section 1 the figure $8,000.00 and substituting in lieu thereof the figure $10,500.00, so that when so amended section 1 shall read as follows: Section 1. Be it enacted by the authority aforesaid, that the salary herein named for the ordinary shall be his full

Page 2159

and complete compensation, and all fees or other emoluments now allowed or hereafter allowed by any authority of law, shall be county funds and accountable for as such. The salary of said ordinary shall be $10,500.00 per year, payable monthly by the governing authority out of the funds of the county. All funds collected from any source under color of said office, including any funds received in any manner due to the fact that the ordinary has jurisdiction over traffic offenses, shall be county funds, except the salary herein named. 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 1963 Session of the General Assembly of Georgia, legislation to change the compensation of the Ordinary of Clayton County; and for other purposes. This 16th day of January, 1963. Edgar Blalock Wm. J. Lee Representatives, Clayton County Affidavit. Georgia, Clayton County: This is to certify that the attached Notice of Intention to Introduce Local Legislation was published in The Forest Park News, Forest Park, Georgia, which is the Official Organ of Clayton County, on the following dates: January 24th, 31st and February 7, 1963. /s/ J. H. House, Jr. Owner and Publisher The Forest Park News Forest Park, Georgia

Page 2160

Sworn to and subscribed before me this 11 day of February 1963. /s/ Ida B. Holcomb Notary Public (Seal). Approved March 11, 1963. WARREN COUNTYSHERIFF PLACED ON SALARY BASIS. No. 41 (House Bill No. 349). An Act to place the sheriff of Warren County on a salary in lieu of a fee system of compensation; to provide for a deputy sheriff and his compensation; to provide for the payment of expenses for the office of sheriff of Warren County; to provide for funds and a procedure in cases of public emergency; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the sheriff of Warren County is hereby placed on a salary basis in lieu of a fee basis. The sheriff shall be compensated in the amount of five thousand five hundred dollars ($5,500.00) per annum, to be paid in equal monthly installments from the funds of Warren County, and in addition thereto, the sheriff shall continue to receive the regular fees for boarding prisoners and turnkey fees. Such compensation shall be paid in lieu of all fees, costs, fines, and perquisites of whatever kind heretofore received by the sheriff. All fees, costs, fines, and other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by the sheriff shall be collected by him for the sole use of Warren County and shall be the property of Warren County. Such funds shall be held as public funds belonging to Warren County, and shall be accounted for and paid to the fiscal

Page 2161

authority of Warren County by the fifteenth day of every month for the immediately preceding month. Sheriff. Section 2. The sheriff shall be authorized to draw upon the fiscal authority of Warren County and additional five hundred dollars ($500.00) per annum, to be utilized as compensation of one deputy sheriff. Deputy sheriff. Section 3. The sheriff shall be authorized to draw upon the fiscal authority of Warren County an additional one thousand five hundred dollars ($1,500.00) per annum, to be utilized to cover expenses of his office not otherwise provided for by section 4 of this Act. Other expenses. Section 4. The commissioner of roads and revenues of Warren County and the grand jury of Warren County acting jointly, shall have the power to allocate funds from the treasurer of Warren County to be used by the sheriff for any situation creating a public emergency. Said commission and grand jury shall have the full power to officially designate any situation as a public emergency and to determine the funds necessary for the sheriff to subdue such public emergency. Emergencies. Section 5. This Act shall become effective January 1, 1965. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that I intend to introduce at the present session of the Georgia Legislature, the following bill: A Bill To Be Entitled An Act to place the sheriff of the superior court of Warren County on a salary in lieu of a fee system of compensation; to provide for a deputy sheriff and his compensation; to provide for the payment of expenses for the office of sheriff of Warren County; to provide for the equipment

Page 2162

and supplies of the sheriff's office; to provide for funds and a procedure in cases of public emergency; to repeal conflicting laws; and for other purposes, to become effective January 1st, 1965. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the sheriff of the superior court of Warren County is hereby placed on a salary basis in lieu of a fee basis. The sheriff shall be compensated in the amount of five thousand five hundred dollars ($5,500.00) per annum, to be paid in equal monthly installments from the funds of Warren County, and in addition thereto, the sheriff shall continue to receive the regular fees for boarding prisoners and turnkey fees. Such compensation shall be paid in lieu of all fees, costs, fines, and perquisites of whatever kind heretofore received by the sheriff. All fees, costs, fines, and other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by the sheriff shall be collected by him for the sole use of Warren County and shall be the property of Warren County. Such funds shall be held as public funds belonging to Warren County, and shall be accounted for and paid to the fiscal authority of Warren County by the fifteenth day of every month for the immediately preceding month. Section 2. The sheriff shall be authorized to draw upon the fiscal authority of Warren County, an additional five hundred dollars ($500.00) per annum, to be utilized as compensation of one deputy sheriff. Section 3. The sheriff shall be authorized to draw upon the fiscal authority of Warren County an additional one thousand five hundred dollars ($1,500.00) per annum, to be utilized to cover expenses of his office not otherwise provided for by section 4 of this Act. Section 4. The commissioner of roads and revenues of Warren County and the grand jury of Warren County acting jointly, shall have the power to allocate funds from the treasurer of Warren County to be used by the sheriff for

Page 2163

any situation creating a public emergency. Said commission and grand jury shall have the full power to officially designate any situation as a public emergency and to determine the funds necessary for the sheriff to subdue such public emergency. Section 5. This Act shall become effective January 1st, 1965. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Bobby W. Johnson Representative, Warren County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby W. Johnson, who, on oath, deposes and says that he is Representative from Warren County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Warrenton Clipper, which is the official organ of said county, on the following dates: Feb. 1, 1963, Feb. 8, 1963, Feb. 15, 1963. /s/ B. W. Johnson Representative, Warren County Sworn to and subscribed before me this 18th day of February, 1963. /s/ Patricia Anne Bowen Notary Public (Seal). Approved March 11, 1963.

Page 2164

WARREN COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 42 (House Bill No. 350). An Act to place the clerk of the superior court of Warren County on a salary in lieu of a fee system of compensation; to provide that the clerk shall not receive any funds for secretarial help; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the clerk of the superior court of Warren County is hereby placed on a salary basis in lieu of a fee basis. The clerk shall be compensated in the amount of five thousand ($5,000.00) dollars per annum, payable in equal monthly installments, from the funds of Warren County. Such compensation shall be paid in lieu of all fees, costs, fines and other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by the clerk. All fees, costs, fines, and perquisites of whatever kind as are now or may hereafter be collected by the clerk shall be collected and received by him for the sole use of Warren County, and shall be the property of Warren County. Such funds shall be held as public funds, belonging to Warren County, and shall be accounted for and paid to the fiscal authority of Warren County by the fifteenth day of every month for the immediately preceding month. Section 2. The clerk of the superior court of Warren County is not authorized to draw upon the funds of Warren County for any secretarial help of any kind. Section 3. This Act shall become effective January 1, 1965. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2165

Notice is hereby given that I intend to introduce at the present session of the Georgia Legislature the following bill: A Bill To Be Entitled An Act to place the clerk of the superior court of Warren County on a salary in lieu of a fee system of compensation; to provide for the equipping and supplying of the office of the clerk of the superior court of Warren County; to provide that the clerk shall not receive any funds for secretarial help; to repeal conflicting laws; and for other purposes, to become effective January 1st, 1965. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the clerk of the superior court of Warren County is hereby placed on a salary basis in lieu of a fee basis. The clerk shall be compensated in the amount of five thousand ($5,000.00) dollars per annum, payable in equal monthly installments, from the funds of Warren County. Such compensation shall be paid in lieu of all fees, costs, fines and other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by the clerk. All fees, costs, fines, and perquisites of whatever kind as are now or may hereafter be collected by the clerk shall be collected and received by him for the sole use of Warren County, and shall be the property of Warren County. Such funds shall be held as public funds, belonging to Warren County, and shall be accounted for and paid to the fiscal authority of Warren County by the fifteenth day of every month for the immediately preceding month. Section 2. The clerk of the superior court of Warren County is not authorized to draw upon the funds of Warren County for any secretarial help of any kind. Section 3. This Act shall become effective January 1st, 1965.

Page 2166

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Bobby W. Johnson Representative, Warren County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby W. Johnson, who, on oath, deposes and says that he is Representative from Warren County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Warrenton Clipper, which is the official organ of said county, on the following dates: Feb. 1, 1963, Feb. 8, 1963, Feb. 15, 1963. /s/ Bobby W. Johnson Representative, Warren County Sworn to and subscribed before me this 18th day of February, 1963. /s/ Patricia Anne Bowen Notary Public (Seal). Approved March 11, 1963. WARREN COUNTYORDINARY PLACED ON SALARY BASIS. No. 43 (House Bill No. 351). An Act to amend an Act providing for the compensation of the ordinary of Warren County, approved February 9, 1949 (Ga. L. 1949, p. 411), so as to place the compensation of the ordinary of Warren County on a salary basis in lieu of a fee basis; to set the salary of said ordinary;

Page 2167

to provide that the ordinary shall not receive any compensation from the funds of Warren County for secretarial help; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the ordinary of Warren County, approved February 9, 1949 (Ga. L. 1949, p. 411), is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. The ordinary of Warren County shall hereafter be compensated on a salary basis rather than a fee basis. All fees, costs, percentages, forfeitures, penalties, allowances, and other perquisites of whatever kind, as are now or may hereafter be allowed by law to be received or collected as compensation for service by the ordinary, shall be received and diligently collected by him for the sole use of Warren County, and shall be held as public monies belonging to Warren County and accounted for and paid over to the county fiscal authority the fifteenth day of each month for the immediately preceding month. Placed on salary. Section 2. The compensation for the ordinary shall be a salary of five thousand dollars ($5,000.00) per annum, to be paid in equal monthly installments. Salary. Section 3. The ordinary of Warren County shall receive no compensation for secretarial help of any kind from the funds of Warren County. Section 4. This Act shall become effective January 1, 1965. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that I intend to introduce at the present session of the Georgia Legislature the following bill:

Page 2168

A Bill To Be Entitled An Act to amend an Act providing for the compensation of the ordinary of Warren County, approved February 9, 1949 (Ga. L. 1949, p. 411), so as to place the compensation of the ordinary of Warren County on a salary basis in lieu of a fee basis; to set the salary of said ordinary; to provide that the ordinary shall not receive any compensation from the funds of Warren County for secretarial help; to provide for the equipping and supplying of the ordinary's office out of the funds of Warren County; to repeal conflicting laws; and for other purposes, to become effective January 1st, 1965. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the ordinary of Warren County, approved February 9, 1949 (Ga. L. 1949, p. 411), is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. The ordinary of Warren County shall hereafter be compensated on a salary basis rather than a fee basis. All fees, costs, percentages, forfeitures, penalties, allowances, and other perquisites of whatever kind, as are now or may hereafter be allowed by law to be received or collected as compensation for service by the ordinary, shall be received and diligently collected by him for the sole use of Warren County, and shall be held as public monies belonging to Warren County and accounted for and paid over to the county fiscal authority the fifteenth day of each month for the immediately preceding month. Section 2. The compensation for the ordinary shall be a salary of five thousand dollars ($5,000.00) per annum, to be paid in equal monthly installments. Section 3. The ordinary of Warren County shall receive no compensation for secretarial help of any kind from the funds of Warren County.

Page 2169

Section 4. This Act shall become effective January 1st, 1965. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Bobby W. Johnson Representative, Warren County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby W. Johnson, who, on oath, deposes and says that he is Representative from Warren County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Warrenton Clipper, which is the official organ of said county, on the following dates: Feb. 1, 1963, Feb. 8, 1963, Feb. 15, 1963. /s/ B. W. Johnson Representative, Warren County Sworn to and subscribed before me this 18th day of February, 1963. /s/ Patricia Anne Bowen Notary Public (Seal). Approved March 11, 1963. HOUSTON COUNTYCOMPENSATION AND MEETINGS OF BOARD OF COMMISSIONERS. No. 44 (House Bill No. 367). An Act to amend an Act creating a board of county commissioners for the County of Houston, approved August 15, 1922 (Ga. L. 1922, p. 372), as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-

Page 2170

Feb., p. 2575), and an Act approved March 7, 1955 (Ga. L. 1955, p. 3217), so as to provide for the fixing of the compensation of the board members; to provide for two regular meetings of said board of county commissioners each month; to set the dates and places for such regular meetings; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act creating a Board of County Commissioners for the County of Houston, approved August 15, 1922 (Ga. L. 1922, p. 372), as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2575), and an Act approved March 7, 1955 (Ga. L. 1955, p. 3217), is hereby amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. Be it further enacted by the Authority aforesaid that the compensation of the members of the board shall be fixed by the members; provided such compensation shall not exceed $2,400.00 per annum. Compensation. Section 2. Said Act is further amended by striking section 5 in its entirety and substituting in lieu thereof the following: Section 5. Be it further enacted by the Authority aforesaid, that the commissioners elected as provided in this Act shall meet at the courthouse in said county of Houston on the first Tuesday in each month; and shall meet at the county building in Warner Robins in said county on the third Tuesday in each month. On the first Tuesday in January of each year said commissioners shall organize and choose one from their number as chairman whose term of office shall be one year; and a chairman of said board shall be elected by said board on the first Tuesday in January of each year. The said board of county commissioners shall have full and complete right and power to fix the time or times for their regular meetings; and may also call and set the times and places for any special meetings as said board of commissioners may within their discretion require. Meetings, chairman.

Page 2171

Section 3. Be it further enacted by the Authority aforesaid that the provisions of this Act shall become effective on the first day of the month following its approval and enactment into law. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice if hereby given that there will be introduced in the 1963 session of the General Assembly of Georgia a bill to be entitled: An Act to amend the Act creating the office of county commissioners of roads and revenue for Houston County, Georgia, to increase the number of regular meetings of the Houston County board of commissioners of roads and revenue from one to two meetings each month, to set dates for holding such meetings, and to increase the salaries of the members of the Houston County board of commissioners of roads and revenue. Paul Stalnaker Representative D. C. Peterson Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, D. C. Peterson, who, on oath, deposes and says that he is Representative from Houston County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal, which is the official organ of said county, on the following dates: Jan. 10, 17, and 24, 1963. /s/ David C. Peterson Representative, Houston County

Page 2172

Sworn to and subscribed before me this 19th day of February, 1963. /s/ Patricia Anne Bowen Notary Public (Seal). Approved March 11, 1963. CITY OF LAKE CITYCORPORATE LIMITS. No. 45 (House Bill No. 374). An Act to amend an Act incorporating the City of Lake City in the County of Clayton, approved February 12, 1951 (Ga. L. 1951, p. 2351), as amended, by an Act approved March 3, 1962 (Ga. L. 1962, p. 2585), so as to change the corporate city limits of the City of Lake City by excluding certain described property; to repeal conflicting laws; and for other purposes. Whereas, the sole purpose and intent in removing this described property is judged to be in the public interest; and Whereas, this property is owned by the Clayton County Board of Education; and Whereas, adequate services can and will be provided the Clayton County school plant located thereon at a savings to the taxpayers of Clayton County; and Whereas, this transfer in no manner whatsoever creates a precedent or authorizes a subsequent removal of property from the corporate limits of Lake City; and Whereas, there is no thought, express or implied, to nullify or jeopardize the City of Lake City or its operating charter which has heretofore been created by this Legislature.

Page 2173

Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Lake City in the County of Clayton, approved February 12, 1951 (Ga. L. 1951, p. 2351), as amended, by an Act approved March 3, 1962 (Ga. L. 1962, p. 2585), is hereby amended by adding at the end of section 2 thereof the following; provided, however, that the following described property shall not be included within the corporate limits of said city: Beginning at a made corner marked by an iron pin at northeast original corner of land lot 81 and running thence south, 89 degrees west, along the north original line of said land lot 1786.8 feet to the west right-of-way line of Phillips Drive, thence southeasterly along the west right-of-way line of Phillips Drive 1317 feet to the northwest corner of the intersection of Pineridge Road, Phillips Drive and Reynolds Road, thence north 88 degrees 25 minutes east along the north right-of-way limits of Reynolds Road 1410 feet to a made corner marked by an iron pin on the east original line of said land lot; and thence north 1 degree 25 minutes west, along said land lot line, 1340 feet to a made corner and point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that this body will apply to the January 1963 session of the Georgia Legislature for legislation authorizing and providing for a change in the corporate limits of the City of Lake City, in Clayton County, Georgia, so as to remove from said city property owned by the Clayton County Board of Education on which the Forest Park Senior High School and Campus is located; and for other purposes. Dated this 19th day of December 1962. Clayton County Board of Education C. T. Adamson, Chairman J. E. Edmons, Superintendent

Page 2174

Affidavit. Georgia, Clayton County: This is to certify that the attached Notice of Intention to Apply for Local Legislation was published in The Forest Park News, Forest Park, Georgia, which is the Official Organ of Clayton County, on the following dates: December 20th and 27th, 1962 and January 3rd, 10th and 17th, 1963. /s/ J. H. House, Jr. Owner Publisher The Forest Park News Forest Park, Georgia Sworn to and subscribed before me this 31 day of January 1963. /s/ Alice M. Jackson Notary Public, Clayton County, Georgia. My commission expires Feb. 22, 1963. (Seal). Approved March 11, 1963. CITY OF FOREST PARKCORPORATE LIMITS. No. 46 (House Bill No. 376). An Act to amend an Act entitled An Act to incorporate the City of Forest Park in the County of Clayton, approved February 14, 1908 (Ga. L. 1908, p. 685), as amended, particularly by an Act approved March 24, 1939 (Ga. L. 1939, p. 1060), an Act approved March 27, 1947 (Ga. L. 1947, p. 964), an Act approved February 8, 1950 (Ga. L. 1950, p. 2144), an Act approved February 19, 1951 (Ga. L. 1951, p. 2434), an Act approved February 10, 1956 (Ga. L. 1956, p. 2040), an Act approved March 25, 1958 (Ga. L. 1958, p. 3397), an Act approved March 17, 1959 (Ga. L. 1959, p. 3075), an Act approved April 5, 1961 (Ga. L. 1961, p. 3427), and an Act approved March 3,

Page 2175

1962 (Ga. L. 1962, p. 2934), so as to extend the corporate city limits of the City of Forest Park; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the City of Forest Park in the County of Clayton, approved February 14, 1908 (Ga. L. 1908, p. 685), as amended, particularly by an Act approved March 24, 1939 (Ga. L. 1939, p. 1060), an Act approved March 27, 1947 (Ga. L. 1947, p. 964), an Act approved February 8, 1950 (Ga. L. 1950, p. 2144), an Act approved February 19, 1951 (Ga. L. 1951, p. 2434), an Act approved February 10, 1956 (Ga. L. 1956, p. 2040), an Act approved March 25, 1958 (Ga. L. 1958, p. 3397), an Act approved March 17, 1959 (Ga. L. 1959, p. 3075), an Act approved April 5, 1961 (Ga. L. 1961, p. 3427), and an Act approved March 3, 1962 (Ga. L. 1962, p. 2934), is hereby amended by adding at the end of section 2 thereof the following described property and the city limits of Forest Park shall include all that tract of land embraced in the following description: All that tract or parcel of land lying and being in land lot 81 of the 13th District of Clayton County, containing 47.51 acres, more or less, together with the entire right-of-way limits of Phillips Drive and Reynolds Road alongside property owned by the Clayton County Board of Education on which the Forest Park Senior High School and campus is located and more particularly described as follows: Beginning at a made corner marked by an iron pin at northeast original corner of land lot 81, and running thence south, 89 degrees west, along the north original line of said land lot 1786.8 feet to the west right-of-way line of Phillips Drive; thence southeasterly along the west right-of-way line of Phillips Drive 1357 feet to the southwest corner of Pineridge Road and Phillips Drive, connecting with the city limits of Forest Park along Phillips Drive at the intersection of Pineridge Road and Phillips Drive, up to and including the complete right-of-ways of the intersection of Pineridge Road, Phillips Drive and Reynolds Road; thence north 88 degrees, 25 minutes east, along the south right-of-way

Page 2176

line of Reynolds Road, 1410 feet to a made corner marked by an iron pin on the east original line of said land lot; and thence north 1 degree 25 minutes west, along said land lot line, 1380 feet to a made corner and point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that this body will apply to the January 1963 session of the Georgia Legislature for legislation authorizing and providing for a change in the corporate limits of the City of Forest Park, Georgia, in Clayton County that will provide for the annexation to said city limits of the City of Forest Park property owned by the Clayton County Board of Education on which the Forest Park Senior High School and campus is located; and for other purposes. Dated this 19th day of December 1962. Clayton County Board of Education C. T. Adamson, Chairman J. E. Edmonds, Superintendent Affidavit. Georgia, Clayton County: This is to certify that the attached Notice of Intention to Apply for Local Legislation was published in the Forest Park News, Forest Park, Georgia, which is the official organ of Clayton County, on the following dates: December 20th and 27th, 1962 and January 3, 10th and 17th, 1963. /s/ J. H. House, Jr. Owner Publisher The Forest Park News Forest Park, Georgia

Page 2177

Sworn to and subscribed before me this 31st day of January 1963. /s/ Alice M. Jackson Notary Public, Clayton County, Georgia. My commission expires Feb. 22, 1963. (Seal). Approved March 11, 1963. CRIMINAL COURT OF FULTON COUNTYCLERK'S SALARY. No. 47 (House Bill No. 347). An Act to amend an Act to establish the Criminal Court of Atlanta, passed December 15, 1871, and Acts amendatory thereof, and for other purposes and Acts amendatory thereof, and for other purposes, so as to provide for a clerk of said court, and deputy clerks thereof, prescribe their duties and fix their compensation 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 section 2 of said Act be amended by adding between the word salary and the word as in the fifteenth line of said section the following language to-wit: Not less than $8,380.00 per annum, payable as may be fixed by the board of county commissioners of Fulton County, and in equal monthly installments, the same to be paid out of the treasury of said county in the same manner as other officers of said court are paid. so that when amended that portion of said Act and section shall read as follows:

Page 2178

Section II. That from and after the passage and approval of this Act, the clerk of said court shall be elected by the judges of said court from among the qualified electors and residents of Fulton County, Georgia, for a term of office which shall expire with the term of office of the judges of said court. The clerk of said court shall have such deputies as the clerk may deem necessary, for the proper discharge of the duties of the office. Such deputies shall be chosen by the clerk in the same manner as deputies are chosen by the clerk of the superior court in accordance with the civil service rules of force in said county and shall be compensated and paid in the same manner. The clerk of said court shall receive such salary not less than $8,380.00 per annum, as may be fixed by the board of county commissioners of Fulton County, and in equal monthly installments, the same to be paid out of the treasury of said county in the same manner as other officers of said court are paid. The clerk and his deputies shall have the same powers, duties and obligations as those which devolved upon the clerk of the superior court and his deputies as ex-officio officers of said criminal court prior to the enactment of this amendment, and shall take the same oath of office insofar as applicable. Section 2. The effective date of said Act, as hereby amended, shall be the date of the passage and approval of said Act as thus amended. Effective date. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Section 4. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice, as required by law, are attached hereto and made a part of this bill and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to the publication of such notices, have been complied with for the enactment of this law. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the 1963 session of the General Assembly, which convenes on Monday,

Page 2179

January 14, 1963, for the passage of local legislation to amend an Act entitled: An act to establish the Criminal Court of Atlanta and in pursuance thereof to amend an act establishing the City Court of Atlanta, passed December 15, 1871, and Acts amendatory thereof, and for other purposes, (Ga. L. 1890-91, Vol. 2 p. 935 et seq.), as amended by an Act approved February 27, 1962 (Ga. L. 1962, p. 2291 et seq.). This legislation may contain any matter germane to said Acts, as amended. John I. Kelley Solicitor General, Criminal Court of Fulton County. 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, 1962, and on the 3, 10, 17 days of January, 1963. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me this 15th day of February, 1963. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My commission expires Oct. 18, 1963. (Seal). Approved March 11, 1963.

Page 2180

COUNTY TREASURY IN COUNTIES HAVING POPULATION OF 500,000 OR MORE DESIGNATED AS DEPOSITORIES FOR PUBLIC AND TRUST FUNDS. No. 48 (Senate Bill No. 13). An Act to designate as depositories for public and trust funds the treasury in all counties of Georgia having a population of 500,000 or more according to the last United States census or any future United States census; to authorize the various county officers and officers of court to deposit in the treasury any funds in their custody not required for immediate disbursement; to provide for bonds to safeguard said funds; to relieve any officer from personal liability who deposits funds in the county treasury; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that from and after the date of the passage of this Act it shall be lawful in all counties of the State having a population of 500,000 or more according to the last United States Census or any future United States Census, for any county officer, and officer of any court, including the superior court in such counties, having in his or her possession and custody any funds, including trust funds, held for the benefit of any third person or litigant or for any purpose, or subject to the order of any court or other tribunal, to deposit such funds for safekeeping in the treasury of the county and to accept therefor the receipt of the treasurer or other fiscal officer of such county. Deposit of funds. Section 2. Be it further enacted by the authority aforesaid that the original custodian of such fund before making any deposit may require the treasurer or other fiscal office to execute in his favor a special bond in an amount not less than the aggregate of all funds so deposited and held by the treasurer or other fiscal officer, which bond with security approved by the superior court of such county shall be conditioned to repay or disburse all of said funds under proper legal authority. In lieu of other security on said bond, the treasurer or other fiscal officer may deposit in a safe place

Page 2181

a bond of the United States Treasury in an amount not less than the aggregate of all deposits secured by such bond. Bonds. Section 3. Be it further enacted by the authority aforesaid that the treasurer of any county or other fiscal officer charged with the custody of county funds may decline to accept funds from any officer or officer of the court for deposit and safekeeping, when in the judgment of such treasurer or other fiscal officer the conditions imposed are burdensome or would cause hardship or financial loss. Acceptance of funds not required. Section 4. Be it further enacted by the authority aforesaid that any officer or officer of court who deposits funds in his custody in the treasury of the county of such officer or officer of court, shall be relieved of personal responsibility for the safekeeping of such funds as may be entrusted to the treasury of the county under the provisions of this Act. Intent. Section 5. Be it further enacted by the authority aforesaid that the provisions of this Act shall not be interpreted to prevent or delay the direct payment into the county treasury of all funds belonging to such county and collected by or held by an officer or officer of court, but all of same shall be deposited immediately in the county treasury without the requirement of any special bond. Intent. Section 6. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 12, 1963.

Page 2182

CITY OF DONALSONVILLECOMPENSATION OF MAYOR AND ALDERMEN. No. 49 (Senate Bill No. 30). An Act to amend an Act creating a new charter for the City of Donalsonville (formerly Town of Donalsonville) in Seminole County (formerly Decatur County), approved August 20, 1906 (Ga. L. 1906, p. 682), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2315), so as to change the compensation of the mayor and aldermen of said city; to provide that the compensation or salaries fixed by the mayor and aldermen, the salary of the mayor and the salary of the aldermen shall be paid from the funds of the City of Donalsonville; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Donalsonville (formerly Town of Donalsonville) in Seminole County (formerly Decatur County), approved August 20, 1906 (Ga. L. 1906, p. 682), as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2315), is hereby amended by striking section 27 in its entirety and inserting in lieu thereof a new section 27 to read as follows: Section 27. Be it further enacted by the authority aforesaid, that the compensation or salaries of all officers, servants and employees of the city except the mayor and aldermen, shall be such sum as the city council may fix and determine. The mayor shall be compensated in the amount of sixty ($60.00) dollars per month payable monthly and the aldermen shall be compensated in the amount of twenty-five ($25.00) dollars each per month payable monthly. The compensation or salaries of all officers, servants and employees of the city as fixed and determined by the city council and the compensation of the mayor and aldermen shall be paid from the funds of the City of Donalsonville. The mayor and aldermen and such other officers of the City of Donalsonville as they may designate shall, in addition to the compensation or salaries fixed and determined by the

Page 2183

city council or by this section, be relieved of street-tax and street-duty. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 12, 1963. CITY OF JEFFERSONVILLECORPORATE LIMITS. No. 50 (House Bill No. 508). An Act to amend an Act establishing a new charter for the City of Jeffersonville, approved August 16, 1909 (Ga. L. 1909, p. 977), as amended by an Act approved August 12, 1915 (Ga. L. 1915, p. 629), an Act approved August 9, 1919 (Ga. L. 1919, p. 1063), an Act approved August 15, 1922 (Ga. L. 1922, p. 876), an Act approved August 20, 1925 (Ga. L. 1925, p. 1096), and an Act approved January 26, 1938 (Ga. L. 1938, p. 1135), so as to change the corporate limits of the City of Jeffersonville; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new Charter for the City of Jeffersonville, approved August 16, 1909 (Ga. L. 1909, p. 977), as amended by an Act approved August 12, 1915 (Ga. L. 1915, p. 629), an Act approved August 9, 1919 (Ga. L. 1919, p. 1063), an Act approved August 15, 1922 (Ga. L. 1922, p. 876), an Act approved August 20, 1925 (Ga. L. 1925, p. 1096), and an Act approved January 26, 1938 (Ga. L. 1938, p. 1135), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, subsection (a) and subsection (b) to read as follows: Section 2 (a). There shall be included in the corporate limits of the City of Jeffersonville all of the land lying, being,

Page 2184

and situated one mile in every direction from the center of the public well, on the east side of the courthouse in Twiggs County and on the grounds of said courthouse. (b). There shall further be included in the corporate limits of the City of Jeffersonville, in addition to the area described in Subsection (a) above, all of the area embraced within the following described parcel or tract of land: All that tract or parcel of land lying and being in the 26th land district of Twiggs County, Georgia, containing 344.3 acres, more or less, and being a portion of the property shown on a plat prepared by William A. Evers, RLS No. 1006, under date of February 11, 1963, and being more particularly described as follows: Beginning at a point on the present city limits line, said point being south 29 degrees 44 minutes east a distance of 5280 feet from the site of the old well on the Twiggs County courthouse square and running thence south 61 degrees 42 minutes east a distance of 1661.0 feet to a point; thence 89 degrees 18 minutes east a distance of 4040.0 feet to a point; thence 2 degrees 42 minutes west a distance of 3132.0 feet to a point; thence north 47 degrees 32 minutes west a distance of 334.0 feet to a point; thence north 77 degrees 54 minutes west a distance of 1310.0 feet to a point; thence north 77 degrees 54 minutes west a distance of 1340 feet to a point; thence north 70 degrees 28 minutes west a distance of 128.0 feet to a point on the present city limits line; and thence along the present city limits line in a southerly and westerly direction a distance of 4030.0 feet more or less, to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation by Homer L. Chance. Notice is hereby given that there will be introduced at the 1963 session of the General Assembly of Georgia, a bill to amend the charter of the City of Jeffersonville, Georgia, as enacted by Georgia Laws 1909, Page 977, as amended, so as

Page 2185

to enlarge the corporate limits of the City of Jeffersonville, and for other purposes. This 11th day of December, 1962. D. Y. Califf, Mayor City of Jeffersonville Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Homer L. Chance, who, on oath, deposes and says that he is Representative from Twiggs County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Twiggs County New Era, which is the official organ of said county, on the following dates: Jan. 4, Feb. 22 March 1, 1963. /s/ Homer L. Chance Representative, Twiggs County Sworn to and subscribed before me this 1st day of March, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My commission expires Mar. 17, 1964. (Seal). Approved March 13, 1963. TALBOT COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUESREFERENDUM. No. 52 (House Bill No. 49). An Act to amend an Act establishing a board of county commissioners for the County of Talbot, approved February 16, 1876 (Ga. L. 1876, p. 291), as amended by an Act approved February 17, 1877 (Ga. L. 1877, p. 263), an Act

Page 2186

approved December 8, 1894 (Ga. L. 1894, p. 207), an Act approved July 27, 1904 (Ga. L. 1904, p. 287), and an Act approved August 14, 1925 (Ga. L. 1925, p. 749), so as to divide Talbot County into 3 election districts; to provide that each district shall have one representative on the board of county commissioners; to provide for the time of election and tenure of office of each member of said board; to provide for county-wide election of each member; to provide for the qualifications of each member; 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 establishing a board of county commissioners for the County of Talbot, approved February 16, 1876 (Ga. L. 1876, p. 291), as amended by an Act approved February 17, 1877 (Ga. L. 1877, p. 263), an Act approved December 8, 1894 (Ga. L. 1894, p. 207), an Act approved July 27, 1904 (Ga. L. 1904, p. 287), and an Act approved August 14, 1925 (Ga. L. 1925, p. 749), is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1 which shall read as follows: Section 1. The County of Talbot shall be divided into three districts made up of the following: District number one shall comprise the Box Springs, Geneva, Junction City, and Harts militia districts. District number two shall comprise the Talbotton, Oneals, Redbone, Prattsburg, and Centerville militia districts. District number 3 shall comprise the Woodland, the Flint Hill, the Roughedge and the Pleasant Hill militia districts. Each district shall be represented by one member on the board of commissioners of Talbot County. Districts. Section 2. Said Act is further amended by adding to said Act following section 1 the following three (3) sections which shall read as follows: Section 2. The member representing district one (1) on the board shall be elected for a term of three (3) years commencing January 1, 1964, and thereafter every three

Page 2187

(3) years. The member representing district two (2) on the board shall be elected for a term of three (3) years commencing January 1, 1965, and thereafter every three (3) years. The member representing district three (3) shall be elected for a term of three (3) years commencing January 1, 1966, and every three (3) years thereafter. Elections and terms. Section 3. Election of the member from each district shall be county-wide. Only one member shall be elected each year except in cases involving disqualification of a member as hereinafter set out. Section 4. Any person seeking to represent a district on the board must have been a bona fide resident of that district for not less than two years immediately preceding the date set for the election from that district. Should any elected member of the board be removed from the district which that member represents or becomes deceased during that member's term of office, that member shall be immediately declared disqualified and a special election shall be called to fill the vacancy thus created. The election shall specify that it is for the purpose of filling the unexpired term of the said disqualified member. The time and place for the election shall be set by the remaining members of the board; provided, however, that said special election shall be held not less than 30 nor more than 60 days after a member becomes disqualified under the provisions above. Residence requirements, special elections. Section 3. Said Act is further amended by renumbering sections 2., 3., and 4. as sections 5., 6., and 7. respectively. Section 4. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Talbot County to issue the call for an election for the purpose of submitting this Act to the voters of Talbot County for approval or rejection. The ordinary shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Talbot

Page 2188

County. The ballot shall have written or printed thereon the words: For approval of the Act to divide Talbot County into 3 election districts; to provide that each district shall have one representative on the Board of County Commissioners; to provide for the time of election and tenure of office of such member; and for other purposes. Referendum. Against approval of the Act to divide Talbot County into 3 election districts; to provide that each district shall have one representative on the Board of County Commissioners; to provide for the time of election and tenure of office of such member; 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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Talbot County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention. At the next session of the General Assembly, meeting in January, 1963, I will introduce legislation to amend the Act of 1925, page 740, providing for the election and terms of members of the board of commissioners of roads and revenues of Talbot County, Georgia, so that the county shall be divided into three districts, and each district shall be entitled to have one member on the board of commissioners of

Page 2189

roads and revenues of Talbot County, and for other purposes. J. C. Watts Representative Elect, Talbot County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jesse C. Watts, who, on oath, deposes and says that he is Representative from Talbot County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Talbotton New Era, which is the official organ of said county, on the following dates: December 6, 13, 20. /s/ Jesse C. Watts Representative, Talbot County. Sworn to and subscribed before me this 21st day of January, 1963. /s/ Kathryn Rule Notary Public (Seal). Approved March 13, 1963. CITY OF KINGSLANDCHARTER AMENDED. No. 57 (House Bill No. 166). An Act to amend an Act incorporating the City of Kingsland, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, so as to provide for an increase in the ad valorem tax on the property within the city limits subject to such tax under the Constitution and laws of the State of Georgia from seventy-five ($.75) cents on the one hundred ($100.00) dollars, to one dollar and fifty

Page 2190

($1.50) cents on the one hundred ($100.00) dollars; to provide authority to the mayor and council of said city to require connection and use of city water and sewerage facilities under rules and regulations passed by 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 incorporating the City of Kingsland, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, is hereby amended by striking section 54 of said charter in its entirety and inserting in lieu thereof a new section 54 which shall read as follows: The mayor and council of the City of Kingsland shall have power and authority to levy and collect a tax annually not to exceed one dollar and fifty ($1.50) cents on the one hundred ($100.00) dollars upon all and every species of property, both real and personal, within the limits of the City of Kingsland, including bonds, notes, debts, choses in action, money employed in banking and otherwise, and to enforce the collection of same by execution, levy and sale, as provided for by and under the laws of the State of Georgia, and as provided for by ordinance duly adopted by the mayor and council of said City. Tax rate. Section 2. Said Act is further amended by striking section 59 in its entirety and inserting in lieu thereof a new section 59 which shall read as follows: Section 59. The mayor and council of said city shall have full power and authority to compel any resident or non-resident or property owner, owning lands located within the legal limits of the city and adjacent to any of the streets of said city over which the city water or sewerage system or city water and sewerage systems may be located or hereafter extended, upon which lands houses are erected, or may be erected, and occupied either by the owner or by the tenants, to connect the same with the water or sewerage system or water and sewerage systems now laid out or hereafter laid out by said city, and to compel said property owners,

Page 2191

or other owners controlling or using such building, to pay the expense of said connections when done by the city, which authority is hereby granted in the event such owner or other person fails or refuses to cause such connections to be made within such reasonable time as the mayor and council may direct, to use such water or sewerage facilities paying the rate duly established by ordinance for same; the city is hereby granted the right and authority to effect collections of moneys due for both installation and use in the same manner and under the same rules and regulations that the collection of taxes are enforced. The mayor and council of said city shall have the authority to require all surface-wells, dry-wells, or other places to be filled in at the expense of the owner; and should the owner fail or refuse to fill the same within a reasonable time as the mayor and council may direct, the same shall be done by the city, and the expense thereof shall be collected from the owner in the same manner and under the same authority as taxes are collected. The mayor and council are hereby authorized and empowered to enact such ordinances as may be necessary to fully effectuate the provisions of this section. Utilities. 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 20, and 27, 1962 and January 3, 1963, as follows: /s/ J. Nolan Wells Representative, Camden County. Notice of Intention to Seek Local Legislation. Notice is hereby given that at the session of the General Assembly of Georgia to convene in January, 1963, application

Page 2192

will be made for the passage of local legislation to amend the charter of the City of Kingsland, Georgia, an Act approved August 15, 1927 (Ga. L. 1927, pp. 1241-1276) and the several acts amendatory thereof, by striking section 59 thereof in its entirety and substituting in lieu thereof a new section 59 as follows: Sec. 59. Be it further enacted that the mayor and council of said city shall have full power and authority to compel any resident or non-resident or property owner owning lands located within the legal limits of the city and adjacent to any of the streets of said city over which the city water or sewerage system or city water and sewerage systems may be located or hereafter extended, upon which lands houses are erected, or may be erected, and occupied either by the owner or by the tenants, to connect the same with the water or sewerage system or water and sewerage systems now laid out or hereafter laid out by said city, and to compel said property owners, or other owners controlling or using such building, to pay the expense of said connections when done by the city, which authority is hereby granted in the event such owner or other person fails or refuses to cause such connections to be made within such reasonable time as the mayor and council may direct, to use such water or sewerage facilities paying the rate duly established by ordinance for same, and the city is hereby granted the right and authority to effect collections of moneys due for both installation and use in the same manner and under the same rules and regulations that the collection of taxes are enforced. The mayor and council of said city shall have the authority to require all surface-wells, dry-wells, or other places to be filled in at the expense of the owner; and should the owner fail or refuse to fill the same within a reasonable time as the mayor and council may direct, the same shall be done by the city, and the expenses thereof shall be collected from the owner, in the same manner and under the same authority as taxes are collected. The mayor and council are hereby authorized and empowered to enact such ordinances as may be necessary to fully effectuate the provisions of this section; to repeal any portion of the present charter in conflict with said amendment; and for other purposes.

Page 2193

This 18th day of December, 1962. J. Nolan Wells, Representative, Camden County. Sworn to and subscribed before me this 31st day of January, 1963. /s/ Patricia Anne Bowen Notary Public (Seal). Approved March 14, 1963. CITY OF ST. MARYSCHARTER AMENDED. No. 58 (House Bill No. 168). An Act to amned an Act creating a new city charter and municipal government for the City of St. Marys, approved August 15, 1910 (Ga. L. 1910, p. 1086), as amended, so as to provide the mayor and council of said city the power and authority to adopt and enforce ordinances, rules and regulations in the public interest and welfare; to maintain proper sanitary conditions; to require removal of garbage, rubbish, filth, weeds and other offensive matter; to build, establish, maintain, equip, repair, extend or enlarge a system of waterworks, sewerage and electric lights; to require property owners within said city to connect to city water and sewerage systems; to compel proper use of such water and sewerage facilities; to provide for the collection of costs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new city charter and municipal government for the City of St. Marys, approved August 15, 1910 (Ga. L. 1910, p. 1086), as amended, is hereby

Page 2194

amended by striking section 33 of the city charter in its entirety and inserting in lieu thereof a new section 33 which shall read as follows: Section 33. The mayor and city council shall have full power and authority to adopt and enforce such ordinances, rules and regulations as they may deem necessary in the public interest and general welfare in order to maintain proper sanitary conditions in said city; to secure the removal of all garbage, rubbish, filth, dead animals, weeds, undergrowth and other offensive matter and material from any and all occupied or unoccupied lots and places within said city limits at the expense of the owner, who if they refuse or fail after written notice from the authorities aforesaid to comply with the terms of the ordinance, rules and regulations shall be subject to such penalty as may be lawfully prescribed for the same; and such authorities, upon the failure or refusal of such owner to do such work may cause to be done and issue execution as they may by ordinance direct or prescribe, against the property of such owner for the amount of such expense and cost, and the person returning such city lot for city taxes shall be deemed and taken to be the owner, and said executions shall proceed in the same manner, and shall be liable to the same defenses as prescribed in this Act when executions are issued by the city for constructing, paving or otherwise improving the streets and sidewalks in said city; the mayor and city council shall have full power and authority to build, establish, maintain, equip, repair, extend, or enlarge a system of waterworks, sewerage, electric lights, any one or all of them, in the City of St. Marys, for the purpose of supplying its inhabitants and the city and consumers generally with water, sewerage, and electric lights, or any of them, and the said mayor and council shall have the power to do any and all things necessary for such purposes; to contract with any person or persons, firms, or corporations, for the purchase of land or premises to be used in connection therewith, whether within or without the city, and to contract for the purchase of easement over lands and premises to be used in connection therewith, whether the lands and premises over which easements are desired are within or without

Page 2195

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 and authority to do any and all things necessary and 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, 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 St. Marys 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 St. Marys, or at a higher rate as the said mayor and council of the City of St. Marys may provide. For the purpose of carrying out the provisions of this Act the mayor

Page 2196

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 in accordance with the provisions of this charter and the general laws of force in the State of Georgia; the mayor and council of said city shall have full power and authority to compel any resident or non-resident or property owner owning lands located within the legal limits of the city and adjacent to any of the streets of said city over which the city water or sewerage system or city water and sewerage systems may be located or hereafter extended, upon which lands houses are erected, or may be erected, and occupied either by the owner or by the tenants, to connect the same with the water or sewerage system or water and sewerage systems now laid out or hereafter laid out by said city, and to compel said property owners, or other owners controlling or using such building, to pay the expense of said connections when done by the city, which authority is hereby granted in the event such owner or other person fails or refuses to cause such connections to be made within such reasonable time as the mayor and council may direct; to compel the proper use of such water or sewerage facilities paying the rate duly established by ordinance for same, and the city is hereby granted the right and authority to effect collections of moneys due for both installations and use in the same manner and under the same rules and regulations that the collection of taxes are enforced. The mayor and council of said city shall have the authority to require all surface-wells, dry-wells, or other places to be filled in at the expense of the owner; and should the owner fail or refuse to fill the same within a reasonable time as the mayor and council may direct, the same shall be done by the city, and the expense thereof shall be collected from the owner in the same manner and under the same authority as taxes are collected. The mayor and council are hereby authorized and empowered to enact such ordinances as may be necessary to fully effectuate the provisions of this section. Ordinances. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2197

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 28, 1962, January 3 and 10, 1963, as follows: /s/ J. Nolan Wells Representative, Camden County. Notice of Intention to Seek Local Legislation. Notice is hereby given that at the session of the General Assembly of Georgia to convene in January, 1963, application will be made for the passage of local legislation to amend the charter of the City of St. Marys, an Act approved August 15, 1910, (Ga. L. 1910, pp. 1086-1117) and the several acts amendatory thereof, by striking section 33 in its entirety and substituting in lieu thereof a new section 33 as follows: Sec. 33. (Sanitary Regulations) Be it further enacted by the authority aforesaid that said mayor and city council shall have full power and authority to adopt and enforce such ordinances, rules and regulations as they may deem necessary in the public interest and general welfare in order to maintain proper sanitary conditions in said city; to secure the removal of all garbage, rubbish, filth, dead animals, weeds, undergrowth and other offensive matter and material from any and all occupied or unoccupied lots and places within said city limits at the expense of the owner, who if they refuse or fail after written notice from the authorities aforesaid to comply with the terms of the ordinance, rule and regulation shall be subject to such penalty as may be lawfully prescribed for the same; and such authorities, upon the failure or refusal of such owner to do such work may cause to be done and issue execution as they may by ordinance direct or prescribe, against the property of such owner

Page 2198

for the amount of such expense and cost, and the person returning such city lot for city taxes shall be deemed and taken to be the owner, and said executions shall proceed in the same manner, and shall be liable to the same defenses as prescribed in this Act when executions are issued by the city for constructing paving or otherwise improving the streets and sidewalks in said city; be it further enacted that the mayor and city council shall have full power and authority to build, establish, maintain, equip, repair, extend, or enlarge a system of waterworks, sewerage, electric lights, any one or all of them, in the City of St. Marys, for the purpose of supplying its inhabitants and the city and consumers generally with water, sewerage, and electric lights, or any of them, and the said mayor and council shall have the power to do any and all things necessary for such purposes; to contract with any person or persons, firms, or corporations, for the purchase of land or premises to be used in connection therewith, whether within or without the city, and to contract for the purchase of easement over lands and premises to be used in connection therewith, whether the lands and premises over which easements are desired are within or without the limits of said city, and, if necessary for any or all of such purposes, to condemn the same as 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 shops, and to furnish the same with machinery, tools and equipment that may be necessary or expedient in the care and maintenance of said plants; and to generally have the power and authority to do any and all things necessary and 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

Page 2199

thereof, for the furnishing of water, electric lights, electric power, sewerage, or any of them, at such rates and under such rules and regulations as the mayor and council may provide. 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 St. Marys 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 St. Marys, or at a higher rate as the said mayor and council of the City of St. Marys 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 in accordance with the provisions of this charter and the general laws of force in the State of Georgia; Be it further enacted that the mayor and council of said city shall have full power and authority to compel any resident or non-resident or property owner owning lands located within the legal limits of the city and adjacent to any of the streets of said city over which the city water or sewerage system or city water and sewerage systems may be located or hereafter extended, upon which lands houses are erected, or may be erected, and occupied either by the owner or by the tenants, to connect the same with the water or sewerage system or water and sewerage systems now laid out or hereafter laid out by said city, and to compel said property owners, or other owners controlling or using such building, to pay the expense of said connections when done by the city, which authority is hereby granted in the event such owner or other person fails or refuses to

Page 2200

cause such connections to be made within such reasonable time as the mayor and council may direct; to compel the proper use of such water or sewerage facilities paying the rate duly established by ordinance for same, and the city is hereby granted the right and authority to effect collections of moneys due for both installation and use in the same manner and under the same rules and regulations that the collection of taxes are enforced. The mayor and council of said city shall have the authority to require all surface-wells, dry-wells, or other places to be filled in at the expense of the owner; and should the owner fail or refuse to fill the same within a reasonable time as the mayor and council may direct, the same shall be done by the city, and the expense thereof shall be collected from the owner in the same manner and under the same authority as taxes are collected. The mayor and council are hereby authorized and empowered to enact such ordinances as may be necessary to fully effectuate the provisions of this section. To repeal any portion of the present charter in conflict with said amendment; and for other purposes. This 18th day of December, 1962. J. Nolan Wells, Representative, Camden County. Sworn to and subscribed before me this 31st day of January, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My commission expires Mar. 17, 1963. (Seal). Approved March 14, 1963.

Page 2201

GILMER COUNTYANNUAL AUDITS. No. 59 (House Bill No. 215). An Act to amend an Act creating the office of county commissioner and an advisory board of Gilmer County, approved February 23, 1943 (Ga. L. 1943, p. 1021), as amended, so as to provide for an annual audit and publication thereof of certain offices of the county officials; to provide for penalty for failure to have such audit and publication thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of county commissioner and an advisory board of Gilmer County, approved February 23, 1943 (Ga. L. 1943, p. 1021), as amended, is hereby amended by inserting between sections 13 and 14 a section 13A to read as follows: Section 13A. The commissioner shall have prepared annually, an all inclusive audit by a certified public accounting firm of his own office, and the offices of the clerk of the superior court, the sheriff, ordinary, tax collector, and county school superintendent which shall reflect the financial condition of the county and such offices including outstanding debts. Such audits shall be filed in the office of the commissioner and available for the inspection by any taxpayer during regular office hours. Financial statements based on said audits shall be published in the official organ of Gilmer County, with the statement in said paper that the detailed itemized warrants or checks and other accounts are on file in the respective offices subject to the inspection of any taxpayer of said county during regular office hours. If the commissioner or any other county official shall fail or refuse to cause or permit an annual audit to be made or publish a financial statement as herein provided, he shall be guilty of malfeasance of office and subject to being removed from office upon petition to the Superior Court of Gilmer County by any citizen of Gilmer County. Audits.

Page 2202

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice is hereby given that the undersigned will introduce in the 1963 Session of the Georgia General Assembly a bill to provide an annual audit for the office of county commissioner of roads and revenue, Gilmer County, Ellijay, Georgia and to provide for publication of said audit and other purposes. B. C. Logan, Sr. Representative, Gilmer County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, B. C. Logan, Sr., who, on oath, deposes and says that he is Representative from Gilmer County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Courier, which is the official organ of said county, on the following dates: Jan. 17, 24, 31, 1963. /s/ B. C. Logan, Sr. Representative, Gilmer County. Sworn to and subscribed before me this 12th day of February, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My commission expires Mar. 17, 1963. (Seal). Approved March 14, 1963.

Page 2203

CITY OF MOULTRIETAX RATEREFERENDUM. No. 61 (House Bill No. 19). An Act to amend an Act relating to the incorporation of the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, particularly by an Act approved March 19, 1943 (Ga. L. 1943, p. 1499), an Act approved February 23, 1945 (Ga. L. 1945, p. 768), an Act approved February 21, 1951 (Ga. L. 1951, p. 3250), an Act approved February 15, 1952 (Ga. L. 1952, p. 2661), an Act approved March 6, 1956 (Ga. L. 1956, p. 2830), an Act approved March 17, 1956 (Ga. L. 1956, p. 3473), an Act approved February 22, 1957 (Ga. L. 1957, p. 2205), an Act approved March 5, 1957 (Ga. L. 1957, p. 2579), an Act approved March 5, 1957 (Ga. L. 1957, p. 2588), an Act approved March 13, 1957 (Ga. L. 1957, p. 2994), an Act approved March 17, 1958 (Ga. L. 1958, p. 2441), and an Act approved March 10, 1959 (Ga. L. 1959, p. 3023), so as to provide for a change in the millage rate on all taxable property in the City of Moultrie; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the incorporation of the City of Moultrie approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, particularly by an Act approved March 19, 1943 (Ga. L. 1943, p. 1499), an Act approved February 23, 1945 (Ga. L. 1945, p. 768), an Act approved February 21, 1951 (Ga. L. 1951, p. 3250), an Act approved February 15, 1952 (Ga. L. 1952, p. 2661), an Act approved March 6, 1956 (Ga. L. 1956, p. 2830), an Act approved March 17, 1956 (Ga. L. 1956, p. 3473), an Act approved February 22, 1957 (Ga. L. 1957, p. 2205), an Act approved March 5, 1957 (Ga. L. 1957, p. 2579), an Act approved March 5, 1957 (Ga. L. 1957, p. 2588), an Act approved March 13, 1957 (Ga. L. 1957, p. 2994), an Act approved March 17, 1958 (Ga. L. 1958, p. 2441), and an Act approved March 10, 1959 (Ga. L. 1959, p. 3023), is hereby amended by striking the word twelve from section 24 of said Act and inserting in lieu thereof the word fifteen, so that said Act, when so amended, shall read as follows:

Page 2204

Section 24. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the city government, the council of said city shall have full power and authority, and shall prescribe by ordinance for the assessment and collection of an ad valorem tax on real estate and personal property within the corporate limits of said city, which is subject to taxation according to the laws of the State, said tax not to exceed one per cent, upon the value of said property for ordinary current expenses; and for the establishment, maintenance and support of the public schools the council shall, upon a recommendation by a two-thirds vote of all members of the board of school commissioners of said city, levy and collect annually, an ad valorem tax not to exceed fifteen mills on all taxable property of said city. Provided, that the money so collected shall be used only for school purposes, as herein provided, and the council shall pay over said money so collected, and as soon as collected, to the treasurer of the board of the city school commissioners of Moultrie, Georgia. Tax rate. Section 2. Not more than 180 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Board of Education of the City of Moultrie to issue the call for an election for the purpose of submitting this Act to the voters of the City of Moultrie for approval or rejection. The Board of Education of the City of Moultrie shall set the date of such election for a day not less than 21 days after the date of the issuance of the call. The Board of Education of the City of Moultrie shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Colquitt County. The ballot shall have written or printed thereon the words: For approval of the Act changing the allowable millage rate on all taxable property in the City of Moultrie for school purposes from twelve mills to fifteen mills. Referendum. Against approval of the Act changing the allowable millage rate on all taxable property in the City of Moultrie for school purposes from twelve mills to fifteen mills.

Page 2205

All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by the Board of Education of the City of Moultrie. It shall be the duty of the Board of Education of the City of Moultrie to hold and conduct such election. They shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the Board of Education of the City of Moultrie to canvass the returns and declare and certify the result of the election. It shall be their further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. The Moultrie Board of Education has requested the Colquitt County Delegation in the General Assembly to introduce Legislation to amend section 24 of the Charter of the City of Moultrie to increase the school tax rate from maximum of 12 mills to a maximum of 15 mills. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David L. Newton, who, on oath, deposes and says that he is Representative from Colquitt County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer (Weekly), which is the official organ of said county, on the following dates: December 7, 14, and 21, 1962. /s/ David L. Newton Representative, Colquitt County

Page 2206

Sworn to and subscribed before me this 16th day of January, 1963. /s/ Kathryn P. Rule Notary Public (Seal). Approved March 14, 1963. CITY OF DUBLIN AND COUNTY OF LAURENS DEVELOPMENT AUTHORITY. No. 64 (House Bill No. 110). An Act to create the City of Dublin and County of Laurens Development Authority; to provide the powers, authority, funds, purposes, organization and procedures connected therewith; to provide for the appointment of members of said Authority; to provide for the duties and powers of the City of Dublin and the County of Laurens with respect to said Authority; to provide for issuing of revenue bonds and the validation of such bonds; to provide for the exemptions applicable to 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 City of Dublin and County of Laurens Development Authority. Short title. Section 2. In addition to the purposes for which revenue anticipation obligations may be issued by counties, municipal corporations and political subdivisions as provided in said Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia, the City of Dublin and County of Laurens Development Authority, hereinafter created, be and is hereby authorized to issue revenue obligations to provide funds to be used by said Authority in assisting, promoting, establishing and developing new industries, and assisting, promoting and expanding existing industry, agriculture, trade and commerce within the territorial limits of

Page 2207

Laurens County, Georgia, as hereinafter provided. Said purposes are hereby found, determined and declared to be for the benefit of the citizens and residents of said County and to be an essential governmental function in relieving unemployment, improving the economy, limiting poor relief assistance, developing natural resources, and otherwise promoting the general welfare. Bonds. Section 3. In furtherance of the purposes for which such issuance of revenue anticipation obligations is authorized there is hereby created a body corporate and politic to be known as the City of Dublin and County of Laurens Development Authority, which shall be deemed to be a creature of the State of Georgia, an instrumentality of the County of Laurens, and a public corporation. The name of said Authority may be changed from time to time by an Act of the General Assembly. The said Authority is created for the purpose of assisting, promoting, and developing new industry, and assisting, promoting, establishing and expanding existing industry, agriculture, trade and commerce within the territorial limits of Laurens County, Georgia, both within and without the limits of municipalities therein, for the public good and general welfare of said County and its citizens. The scope and jurisdiction of the Authority is restricted to the territorial limits of Laurens County, Georgia. The Authority shall not be operated for profit, is an institution of purely public charity, and is an industrial development agency qualified to receive loans and other assistance from the Industrial Development Commission of the State of Georgia, or other governmental agencies. Created. Section 4. In carrying out the foregoing objectives, the Authority shall be deemed to be engaging in such functions of government, activities and transactions as the County of Laurens, and the City of Dublin are by law authorized to undertake. Intent. Section 5. The Authority shall consist of five (5) members as follows: Two (2) members shall be appointed by the mayor and board of aldermen of the City of Dublin; two (2) members

Page 2208

shall be appointed by the commissioners of roads and revenues of Laurens County and a fifth (5th) member shall be appointed by the joint and concurrent action of the mayor and board of aldermen of the City of Dublin and the commissioners of roads and revenues of Laurens County. The respective terms of the members shall be as follows: Members. (1) The first member appointed by the mayor and board of aldermen of the City of Dublin shall be appointed for the term of one (1) year. (2) The first member appointed by the commissioners of roads and revenues of Laurens County shall be appointed for a term of two (2) years. (3) The second member appointed by the mayor and board of aldermen of the City of Dublin shall be appointed for a term of three (3) years. (4) The second member appointed by the commissioners of roads and revenues of Laurens County shall be appointed for a term of four (4) years. (5) The member appointed by the joint action of the mayor and board of aldermen of the City of Dublin and the commissioners of roads and revenues of Laurens County shall be appointed for a term of five (5) years. Thereafter upon the expiration of the said designated terms; the successors shall be appointed for a term of five (5) years by the political body or bodies who appointed the member whose term is expiring. All members who have served on said Authority shall be eligible for reappointment to succeed themselves if they are reappointed by said political body or bodies designated by this Act to appoint them. Should any member resign or be unable to serve or move beyond the territorial limits of Laurens County as it is now situated or may hereafter be situated, his successor shall be appointed to serve the remaining term by the political body or bodies who originally appointed such member.

Page 2209

Prior to taking office the members shall subscribe to the following oath, to wit: I do solemnly swear that I will fully and fairly perform the duties as a member of the Dublin-Laurens County Development Authority, So Help Me God. Oath. The members of the said Authority shall be entitled to no compensation. Section 6. As used herein, the following words and terms shall have the following meaning unless a different meaning clearly appears from the context: (1) The word Authority shall mean the City of Dublin and County of Laurens Development Authority, created hereby. Definitions. (2) The word project shall be deemed to mean and include property, real and/or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expansion of existing industry, trade or commerce in Laurens County, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; and/or the construction, installation and/or expansion of one or more buildings, plants, and/or articles of equipment for the purpose of using, selling, donating, leasing and/or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations and/or associations for such purposes. (3) The term cost of project shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services acquired and/or contracted for; the cost of financing charges and/or of interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or incident to construction and/or improvements, and/or to determining the feasibility and/or practicability of the project, administrative

Page 2210

expenses, and/or the acquisition, construction, equipping and/or operating any project or any part thereof. Section 7. Any three (3) 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 three (3) affirmative votes. Quorum. Section 8. The powers of the Authority herein created shall include, but are not limited to, the power, for its corporate purposes: (1) To have a corporate seal and alter the same at pleasure. (2) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the State of Georgia and any instrumentality thereof, any county or municipality thereof, and any other political subdivisions, and with private persons, firms, corporations, and associations. Powers. (3) To receive and administer gifts, grants and donations and to administer trust. (4) To buy, acquire, receive as gifts, own, improve, expand, develop, operate, maintain, sell, donate, lease as lessor or lessee, mortgage, pledge, convey to secure debt, and/or otherwise encumber and/or dispose of land, buildings, equipment, furnishings, and/or property of all kinds, real and/or personal, within Laurens County, Georgia, and to make a contract or contracts and/or to execute any instrument or document for the accomplishment thereof, or other purposes. (5) To make contracts, and to execute any and all instruments necessary or convenient to, or in aid of, the accomplishment of any of the purposes of said Authority, and/or the exercise of any power or powers of said Authority. (6) To enter into any contract or contracts for any period of time not exceeding fifty (50) years.

Page 2211

(7) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation. (8) To construct, erect, buy, receive as a gift, acquire, own, repair, remodel, maintain, equip, furnish, extend, expand, develop, improve, donate, sell, lease as lessor or lessee, equip, add to, operate and manage projects and to pay the costs of any such project from any income of the Authority, from the proceeds of revenue bonds issued and sold by the Authority or others, from any taxes levied for the purpose by the State of Georgia, Laurens County, or any of the municipalities therein, or from any contributions or loans by political subdivisions or instrumentalities, persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. (9) To elect its own officers from the membership of the Authority; to elect and employ an executive director who is not required to be a member of the Authority; and to authorize and empower such officers to act for the Authority generally or in any specific matter. (10) To borrow money and to execute debentures, bonds, notes, mortgages, deeds or bills of sale to secure debt, trust deeds and/or other such instruments as may be necessary or convenient to evidence and secure such borrowing. (11) To issue and sell revenue bonds for the purpose of raising funds for the payment, in whole or in part, of the cost of any project of the Authority; to secure the payment of the obligations of such bonds by, but not limited to, selling, conveying, mortgaging, pledging and/or assigning any or all of its funds, income and/or property; and to exercise all the rights, powers and privileges, and to be subject to all the duties and liabilities, which a municipality may exercise and/or be subject to under the provisions of the Revenue Bond Law (Chapter 87-8 of the Code of Georgia), as the same now is, or hereafter may be, amended. The rights, powers and privileges of the Authority are not limited to those of such a municipality, however.

Page 2212

(12) To use public funds made available to it, the rents, profits and proceeds from the projects erected, leased or sold, and other funds and income of the Authority, to provide for the operation and maintenance of such projects or other projects, to discharge the principal, interest and expenses of bonds, revenue bonds, and notes issued by the Authority, to pay other debts of the Authority, and to further and promote the objectives of the Authority. (13) To exercise any power granted by the laws of the State of Georgia to public corporations or authorities performing similar functions. (14) 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. (15) To adopt, alter, amend and/or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the powers granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (16) To do all things necessary and convenient to carry out the powers expressly conferred by this Act upon the Authority. Section 9. The acquisition, construction, improvement, betterment, expansion or extension of any undertaking or project of the Authority, and the issuance in anticipation of the collection of revenues of such undertaking or project, of bonds to provide funds to pay the whole or a part of the costs thereof, may be authorized by resolution or resolutions of the Authority which may be adopted at a regular or special meeting by a majority of the members of the Authority. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The Authority in determining the cost of any undertaking or project for which revenue bonds are to be issued may include all costs as hereinbefore defined. Such bonds shall bear such date or dates, mature

Page 2213

at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates not exceeding seven per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Except as herein provided to the contrary, such bonds shall be issued and validated in the Superior Court of Laurens County, Georgia, in the same manner as revenue bonds of municipalities are issued and validated under the Revenue Bond Law (Ga. L. 1937, p. 761-774; Chapter 87-8 of the Code of Georgia), as now and hereafter amended. In the proceedings to validate such bonds, the City of Dublin and County of Laurens Development Authority shall be named as party defendant. In event no bill of exceptions is filed within the time prescribed by law, or if filed, the judgment validating the bonds shall be affirmed by the Supreme Court of Georgia, such judgment shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority. Resolutions, bonds. Section 10. All property, real and personal, the title to which is vested in the Authority, and all debentures, notes, bonds, and revenue bonds issued by the Authority, and interest thereon and income therefrom, shall be exempt from State, county, city, and local taxation for any purpose. Property. Section 11. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such funds. Funds. Section 12. The Authority shall not be authorized to create in any manner any debt, liability or obligation, against the State of Georgia, Laurens County, or any municipality therein. No debt, liability or obligation of the Authority shall be considered a pledge or loan of the credit of the State of Georgia, or any county, city or other subdivision thereof. Debts. Section 13. If the Authority shall deem it expedient to construct any project or use any project already constructed

Page 2214

on lands, the title to which shall be in the County of Laurens and/or any incorporated city or town in said county, the governing authorities of the County of Laurens and of said municipalities, respectively, are authorized in their discretion to convey title to such lands, including any improvements thereon, without cost, to the Authority. Said county and/or said municipalities may donate to said Authority, real estate, personal property and services for any such project. Any such land, improvements, or personal property so conveyed or donated to the Authority may be mortgaged, conveyed, or pledged to secure obligations of the Authority. Property. Section 14. 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 be conveyed to Laurens County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property. No private interest shall exist in the property of the Authority. The Authority shall hold title only for the benefit of the public. Title to property. Section 15. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent independent auditor; and the minutes and records of the same shall be filed with the clerk of the board of commissioners of roads and revenue of said county, and shall be available for public inspection. Audits. Section 16. The Authority shall exist and have all of said powers, and the right to exercise the same for its corporate purposes, regardless of whether or not it shall issue revenue anticipation obligations hereunder. Intent. Section 17. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed

Page 2215

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 18. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that at the next session of the General Assembly of Georgia, which convenes in January 1963, there will be introduced a bill to create the City of Dublin and County of Laurens Development Authority; to provide the powers, authority, funds, purposes, organization and procedures connected therewith; to provide for the appointment of members, the duties and powers of the City of Dublin and of Laurens County; to provide for issuing revenue bonds and the validation thereof; to provide for exemptions; to repeal conflicting laws; and for other purposes. This 2nd day of January, 1963. D. W. Knight, Jr. Wm. M. Towson Representatives, Laurens County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William M. Towson, who, on oath, deposes and says that he is Representative from Laurens County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dublin Courier Herald, which is the official organ of said county, on the following dates: Jan. 5, 12, 19. /s/ William M. Towson Representative, Laurens County

Page 2216

Sworn to and subscribed before me this 23rd day of January, 1963. /s/ Kathryn Rule Notary Public (Seal). Approved March 14, 1963. LONG COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 66 (House Bill No. 212). An Act to amend an Act establishing the commissioners of roads and revenues for Long County, Georgia, approved 1921 (Ga. L. 1921, p. 525), as amended, particularly by an Act approved 1939 (Ga. L. 1939, p. 647), and an Act approved 1943 (Ga. L. 1943, p. 1073), an Act approved 1945 (Ga. L. 1945, p. 1111), an Act approved 1947 (Ga. L. 1947, p. 1639), an Act approved 1951 (Ga. L. 1951, p. 2322), and an Act approved 1955 (Ga. L. 1955, p. 3042), so as to strike out the provisions for per diem method of compensation for said commissioners and to place them on a monthly salary, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the commissioners of roads and revenues of Long County, Georgia, is hereby placed on a salary basis in lieu of a per diem basis. Each Commissioner shall hereafter be paid the amount of fifty ($50.00) dollars per month which such is to be paid each month as a salary. The salary so set shall be in lieu of any and all other compensation and shall be in full payment of all services rendered by such members of board of commissioners of roads and revenues. Section 2. All laws and parts of laws not in conflict with this Act shall remain of full force and effect, and all laws and parts of laws in conflict herewith are hereby repealed.

Page 2217

Exhibit A. Georgia, Long County: Before me, the undersigned officer qualified by law to administer oaths in and for said State and county, personally appeared MRs. Helen Williams Coxon, who, being first duly sworn, says on oath as follows: 1st. That affiant is the owner and publisher of the Ludowici News, the official newspaper of said county in which sheriff's advertisements and all other legal advertisements in said county are published, and that said newspaper has been such official organ for many years. 2nd. That there was duly and regularly published and advertised in said the Ludowici News, in the issues thereof of January 4, 1963, January 11, 1963, and January 18, 1963, the following notice, to wit: Notice of Intention to Introduce Local Legislation. This is to give notice to all concerned that I intend to introduce at the 1963 session of the state legislature a bill to set the salary for the commissioners of roads and revenues for Long County, Georgia. Tyron Shaw State Representative /s/ Helen Williams Coxon Affiant Sworn to and subscribed before me this Feb. 7th, 1963. /s/ Nan H. Ellis Notary Public, Georgia, State at Large. My commission expires Feb. 7, 1965. (Seal). Approved March 14, 1963.

Page 2218

TOWN OF LENOXAUTHORITY TO LEASE DESCRIBED PROPERTY. No. 67 (House Bill No. 211). An Act to amend an Act approved December 12, 1901 (Ga. L. 1901, p. 510), creating and establishing a charter for the Town of Lenox, as amended, so as to give the town counsel power and authority to lease specific property; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act approved December 12, 1901 (Ga. L. 1901, p. 510), creating and establishing a charter for the Town of Lenox, as amended, is hereby amended by adding a new section to the original charter to be known as section 14-A, which shall read as follows: Section 14-A. The town counsel shall have power and authority to lease the following described property: In the Town of Lenox, Cook County, Georgia, beginning at a point where the south margin of Revills Street intersects with the west boundary line of the Georgia, Southern and Florida Railroad, running thence westerly along said margin of Revills Street 15 feet; thence south along and down said Old U. S. Highway 41 along a line parallel with said west boundary line of said railroad a distance of 220 feet; thence easterly at right angle 15 feet to said railroad right of way; thence north along said right of way boundary 220 feet to point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Cook County. Notice is hereby given that I shall introduce a bill in the next session of the General Assembly of Georgia (by virtue

Page 2219

of section 69-304, Code of Georgia) authorizing the Town of Lenox to enter into a lease agreement with J. C. Thomas, Jr. for a ten year period, with option to renew for a like period, concerning the use of a portion of that certain street in said Town of Lenox known as Old U. S. Highway 41, being a strip 220 feet, north and south, by 15 feet east and west, adjacent to right of way of G. S. F. Railroad, just south of Revills Street. This 15 day of December 1962. Wilson B. Wilkes Representative Cook County Georgia, Cook County. Before an officer authorized to administer oaths personally appeared G. C. Patten, who deposes and says on oath that he is publisher of The Adel News and that the attached legal ad was duly published in said newspaper on the dates of December 20, 27, 1962 and January 3, 1963. /s/ G. C. Patten Sworn to and subscribed to before me this 8th day of January, 1963. /s/ Virgil D. Griffis Notary Public, Georgia, State at Large. (Seal). Approved March 14, 1963.

Page 2220

CITY COURT OF LUDOWICIACT CREATING, AMENDED. No. 69 (House Bill No. 213). An Act to amend an Act establishing a City Court of Ludowici, approved August 6, 1921 (Ga. L. 1921, p. 364), as amended, particularly by an Act approved August 20, 1927 (Ga. L. 1927, p. 422), an Act approved August 26, 1931 (Ga. L. 1931, p. 441), an Act approved March 8, 1945 (Ga. L. 1945, p. 989), an Act approved February 12, 1951 (Ga. L. 1951, p. 2327), an Act approved February 5, 1953 (Ga. L. 1953, p. 2185), an Act approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2740) and an Act approved March 17, 1958 (Ga. L. 1958, p. 2532), so as to provide for the election of a judge of said city court; to provide his term of office; to provide for appointment to fill vacancies; to provide for election for unexpired term; to provide for qualifications; to provide for an oath; to provide for the salary; to provide for the election of a solicitor of said city court; to provide for a term of office of solicitor; to provide for appointment to fill vacancies; to provide for election to fill unexpired term; to provide rules governing elections to provide duties of solicitor; to provide for the appointment of a solicitor pro tem; to provide for qualifications; 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 to amend an Act creating the City Court of Ludowici and all amendments thereto as set out above by striking therefrom in its entirety Section 4 and Section 5 and inserting in lieu thereof a new section to be numbered Section 4-A which shall read as follows: Section 4-A. Be it further enacted by the authority aforesaid, that there shall be judge and a solicitor of said city court who shall be elected by the qualified voters of Long County, and they shall hold office for the term of four (4) years. If there shall be a vacancy in either of said offices, the Governor shall, by appointment, fill the same until the next General Election. The present term of office

Page 2221

of said judge shall expire on the 31st day of December, 1964, and when his successor is elected and qualified. The election for his successor to the office of judge of the City Court of Ludowici shall be held in the General Election in November 1964, and in the General Election in November every four (4) years thereafter. The present term of office of solicitor shall expire December 31, 1966, and when his successor is elected and qualified. The election of his successor shall be held in the General Election in November 1966, and in the General Election in November every 4 years thereafter. The election for the offices of judge and solicitor shall be held under the rules and regulations governing election of members of the General Assembly and the officers elected shall each take office on the first day of January following the year in which they are elected, and each shall hold his office for a period of four (4) years and until his successor is elected and qualified. Any person to be qualified to hold either the office of judge or solicitor of the City Court of Ludowici shall be a practicing attorney of Long County, Georgia, and at least 21 years of age. Immediately before entering upon the discharge of his duties, said judge shall take and subscribe the following oath: `I do swear that I will administer justice without respect to persons, and that I will faithfully and impartially perform all the duties which may be required of me as Judge of the City Court of Ludowici, according to the Constitution of this State and the Constitution of the United States, so help me, God.' which oath shall be filed in the executive department. The judge of said court shall receive a salary of four thousand eight hundred ($4,800.00) dollars per annum which shall not be diminished during his continuance in office, and which shall be paid monthly out of the funds of Long County. He shall not be permitted to practice law in his own court, but may practice in any other court. The compensation of the solicitor of said court shall be as now provided in the original Act and amendments thereto as set out in caption. In the absence or disqualification of said solicitor, the city court judge shall a solicitor pro tem., who shall be compensated the same as the regularly elected solicitor. Terms, vacancies. Qualifications, judge's oath and salary. Section 2. This Act shall become effective for the calendar year 1963. Effective date.

Page 2222

Section 3. All laws and parts of laws not in conflict with this Act are to remain of full force and effect and all laws and parts of laws in conflict herewith are hereby repealed. Exhibit A. Georgia, Long County: Before me, the undersigned officer duly qualified by law to administer oaths in and for said state and county, personally appeared Mrs. Helen Williams Coxon, who, being first duly sworn, says on oath as follows: 1. That affiant is the owner and publisher of the Ludowici News, the official newspaper of said county in which sheriff's advertisements and all other legal advertisements are published for said county. 2. That there was duly and regularly published and advertised in said Ludowici News, in the issues thereof of January 4, 1963, January 11, 1963, and January 18, 1963, the following notice, to-wit: Notice of Intention to Introduce Local Legislation. This will give notice that I intend to introduce a local bill in the 1963 Legislature an Act to amend the Act creating the City Court of Ludowici (Ga. L. 1921, pp. 364-378), and Acts amendatory thereof, particularly section 4 of said original Act as amended, with regard the salary of the judge of said court. This December 14, 1962. Tyron Shaw, Representative, Long County, Georgia. /s/ Helen William Coxon Affiant

Page 2223

Sworn to and subscribed before me this 7th day of Feb., 1963. /s/ Nan H. Ellis Notary Public, Georgia, State at Large. By commission expires Feb. 7, 1965. (Seal). Approved March 15, 1963. CRAWFORD COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 70 (House Bill No. 437). An Act to place the clerk of the Superior Court of Crawford County on a salary in lieu of the fee system of compensation; to authorize a deputy clerk and additional employees providing they be compensated out of the salary set for the clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the clerk of the Superior Court of Crawford County is hereby placed on a salary basis in lieu of the fee basis. The clerk shall be compensated in the amount of seven thousand two hundred dollars ($7,200.00) per annum, payable monthly, from the funds of Crawford County. Such compensation shall be paid in lieu of all fees, costs, allowances, and other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by the clerk. All fees, costs, allowances and perquisites of whatever kind as are now or may hereafter be collected by the clerk shall be collected and received by him for the sole use of Crawford County, and shall be the property of Crawford County. Such funds shall be held as public funds belonging to Crawford County and shall be accounted for and paid to the fiscal authority of Crawford County by the 15th day of every month for the immediately preceding month. Salary.

Page 2224

The clerk shall have the right to employ a deputy clerk and such other employees as he deems necessary in the office of the clerk of the Superior Court of Crawford County. Provided, however, that the salaries of such deputy clerk or other additional employees shall be paid out of the compensation herein provided for the clerk of the Superior Court of Crawford County. Section 2. The provisions of this Act shall be subject to the approval of the first grand jury of Crawford County to convene after the approval of this Act by the Governor or it otherwise becomes law. In the event that said grand jury does not approve the provisions of this Act, then said Act shall be of no force and effect. Approval by grand jury. 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 legislation will be introduced at the 1963 session of the General Assembly of Georgia to change the compensation of the clerk of the Superior Court of Crawford County, Georgia; and for other purposes. John C. Scarborough, Jr., Representative, Crawford County, Georgia Georgia, Crawford County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mrs. Mozelle Moore, who, on oath, deposes and says that she is the editor of The Georgia Post, which is the official organ of said county, and that the attached copy of notice of intention to introduce local legislation was published in said newspaper on the following dates: January 17th, 24th, and 31st and February 7th, 1963. /s/ Mrs. Mozelle Moore, Editor The Georgia Post

Page 2225

Sworn to and subscribed before me this 16th day of February, 1963. /s/ Homer Seagler Notary Public, Georgia, State at Large. (Seal). Approved March 15, 1963. TOWN OF RIVERSIDECHARTER AMENDED. No. 71 (House Bill No. 480). An Act to amend an Act creating and incorporating the Town of Riverside, in Colquitt County, Georgia, approved August 22, 1907 (Ga. L. 1907, pp. 894-897), as amended, so as to provide for the power and authority of the mayor and alderman in connection with public parks, streets, alleys, sidewalks, cross-walks, drains and gutters; 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 Town of Riverside, in Colquitt County, Georgia, approved August 22, 1907 (Ga. L. 1907, pp. 894-897), as amended, is hereby amended by adding thereto a new section to be known as Section 11-A, and to read as follows: Section 11-A. Be it further enacted that the mayor and alderman shall have full and complete control of and authority over the public parks, streets, alleys, sidewalks, cross-walks, drains and gutters in said city and shall have full power and authority to lay out, open, vacate, close, abolish, alter, curb, pave and keep in good order and repair public parks, streets, alleys, side walks, cross-walks, drains and gutters in said city, and shall have full power and authority to condemn property for the purpose of opening and laying out new streets and alleys, and for widening, straightening, or otherwise changing the streets, side walks, or alleys,

Page 2226

and grading the streets, side walks or alleys of the city; and whenever the mayor and alderman shall desire to exercise the power and authority granted in this section, it may be done, whether the land sought to be condemned is in the hands of control of the owner, trustee, executor, administrator, agent, guardian, or other person, in the manner provided by sections 36-301 et seq., Code of Georgia, 1933, and the amendments thereto. Sidewalks, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Bill. Notice is hereby given of the intention to apply for the passage at the next session of the General Assembly of Georgia which convenes in January, 1963, of a local bill to amend an Act to create and incorporate the Town of Riverside, in Colquitt County, Georgia, and for other purposes approved August 22, 1907 (Ga. L. 1907, p. 894-897), to provide council, authority and control over parks, streets, alleys, sidewalks, drains and gutters, and for other purposes. Georgia, Colquitt County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frances A. Nussbaum, who, on oath, deposes and says that she is publisher of the Moultrie Weekly Observer, which is the official organ of said county, and that the above copy of notice of intention to introduce local legislation was published in said Moultrie Weekly Observer on the following dates: December 28, 1962; January 4, 1963; and January 11, 1963. /s/ Frances A. Nussbaum Sworn to and subscribed to before me this 18th day of February, 1963. /s/ Mabel C. Potts Notary Public, Colquitt County, Georgia. My commission expires Mar. 20, 1964. (Seal). Approved March 15, 1963.

Page 2227

ACT CREATING SMALL CLAIMS COURTS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 33,300 AND NOT MORE THAN 34,056 PERSONS AMENDED. No. 72 (House Bill No. 478). An Act to amend the Act creating a small claims court in certain counties in this State, including the county of Colquitt, approved April 5, 1961 (Ga. L. 1961, p. 2852), as amended March 6, 1962 (Ga. L. 1962, p. 3195), so as to prescribe qualifications for judges of said court; to define powers, duties and compensation of the clerk and bailiffs of said court; to enunciate duties and responsibilities of county sheriffs in relation to said court; to elucidate conditions and circumstances under which records of the court may be open to inspection by parties at interest and under which information regarding litigation may be given to or withheld from nonlitigants; 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), as amended, is hereby amended by striking section 2 thereof in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. The Governor shall appoint and commission a citizen of any such county to be judge of any such court for a four year term beginning from the time of his appointment and to serve until his successor is chosen and qualified in the manner hereinafter provided; but no person shall be eligible for the office of said judge unless he shall possess the qualifications prescribed by law for the judges of the superior courts of this State. Judge's qualification. Section 2. Said Act creating such small claims court is further amended by adding a new paragraph to section 4 thereof to be designated subsection (a) and to read as follows:

Page 2228

(a). Any such clerk of such small claims court shall have authority to administer oaths and take acknowledgements as effectually as any notary public may do, and perform all ministerial duties as are required by the judge of such court; and, with approval of the judge, may prepare claims and form pleadings for litigants requesting such assistance, and may accept compensation therefor. Authority of clerk. Section 3. Said Act is further amended by striking section 7 thereof in its entirety and substituting in lieu thereof a new section 7 to read as follows: Section 7. A court docket shall be maintained in which shall be succinctly indicated every proceeding and ruling in each case; and a notation or memornadum of the fact, date and amount of a judgment may be indicated on the docket without formal entry thereof on original pleadings but, in case of an appeal, the judgment shall be otherwise written out, dated and signed by the judge. Docket. The court docket and pleadings shall be open to inspection by litigants in the case or their attorneys at all reasonable times so as not to interfere with the orderly business of the court but, pending final judgment and closing of a case, the judge may in his discretion withhold from nonlitigants any and all information regarding matters in process of litigation or settlement. Section 4. Said Act, as the same was amended by the Act approved March 6, 1962, is hereby amended by adding to section 12 thereof a new and additional subsection (b) to read as follows: (b). The compensation of such small claims court bailiffs shall be such as may be allowed by the judge of said court but shall not exceed the compensation fixed by law for similar services performed by the sheriffs of this State and their deputies. Baliff's compensation. Section 5. Said Act is further amended by adding a new paragraph immediately following section 17 thereof and to read as follows:

Page 2229

It shall be the duty and responsibility of the sheriffs of this State and their deputies to execute all lawful process, warrants, attachments, judgments and fi. fas. issued by or from such small claims courts and placed in their hands, and to make due return thereof as required by law. Process, etc. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 15, 1963. LUMPKIN COUNTY BOARD OF EDUCATION1949 ACT REPEALED. No. 73 (House Bill No. 522). An Act to repeal an Act entitled An Act to provide for the eligibility of members of the county board of education of Lumpkin County; and for other purposes., approved February 25, 1949 (Ga. L. 1949, p. 1855), to repeal all laws or parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for the eligibility of members of the county board of education of Lumpkin County; and for other purposes., approved February 25, 1949 (Ga. L. 1949, p. 1855), is hereby repealed in its entirety. 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 1963 session of the General Assembly of Georgia a bill to repeal an Act related to the eligibility of members of the county board of education of Lumpkin County; and for other purposes.

Page 2230

This 13th day of February, 1963. Fred C. Jones, Jr. Representative, Lumpkin County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Jones, who, on oath, deposes and says that he is Representative from Lumpkin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nuggett, which is the official organ of said county, on the following dates: February 8, 15 22, 1963. /s/ Fred C. Jones, Jr. Representative, Lumpkin County. Sworn to and subscribed before me this 4th day of March, 1963. /s/ Patricia Anne Bowen Notary Public (Seal). Approved March 15, 1963. FULTON COUNTYEMPLOYEES' PENSIONS. No. 74 (House Bill No. 319). An Act to amend an Act entitled An Act authorizing the board of commissioners of roads and revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees.....and for other purposes, approved March 3, 1939 (Ga. L. 1939, pp. 571-579) and the several Acts amendatory thereof, so as to provide additional pension benefits to certain former officers and employees; to provide the option of continuing

Page 2231

in the Fulton County Pension Plan to certain members who become employees of the State of Georgia or one of its agencies but who continue to perform duties in Fulton County or for the government or citizens of Fulton County; to provide alternate pension benefits to those members not choosing to exercise their option to continue in the pension plan; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the Authority of the same that the Act entitled An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees.....and for other purposes, approved March 3, 1939 (Ga. L. 1939, pp. 571-579) and the several Acts amendatory thereof, be further amended as follows: Section 1. A. Pension payments due to former officers and employees who have retired as a matter of right prior to April 1, 1955, and who have to their credit twenty-five years or more of active service with said county and have been awarded pensions under the terms of this Act as amended, shall have their pensions recomputed on the following basis: Amount. (1) There shall be paid a basic pension of one-half the average monthly salary paid to such former officers and employees during the last three years of their active service not to exceed, however, the sum of $150.00 per month for such persons. (2) In addition to the basic pension provided in the preceding subparagraph, there shall be paid the sum of $5.00 per month for each full year's active service in excess of twenty-five years. The record kept in the office of the comptroller shall be conclusive as to the time served. (3) The aggregate of all pension benefits payable to former officers and employees under the provisions of this Act shall be limited in that same shall not exceed seventy-five (75%) per cent of the average monthly salary paid to such

Page 2232

officer or employee for the last year of employment in active service. B. Former officers and employees who retired prior to April 1, 1955 but who had less than twenty-five years of active service with said county, but who have been awarded pensions under the terms of this Act as heretofore amended, shall be paid that proportion of the basic pension provided in paragraph 1 of subsection A of section I above as the length of their service, measured in full years of service bears to twenty-five years. C. This section shall not be effective to, nor be construed to, confer eligibility for a pension upon any former officer or employee who was not eligible for a pension under the provisions of this Act in effect on the date of the retirement, resignation or other withdrawal from service of such former officer or employee. D. This section shall be effective as of January 1, 1963. Section 2. Any member of this retirement system on the date of passage of this Act who shall hereafter be transferred to employment by the State of Georgia or one of its agencies and whose salary thereupon is paid in whole or in part by the State of Georgia, but who nevertheless continues to perform his duties in Fulton County or for the government or citizens of Fulton County, may at the election in writing, of such employee, remain a member of this retirement system, provided such employee shall pay monthly that sum, or permit to be deducted from any sums due him by Fulton County, an amount equal to that contribution which would be required of such employee had he remained an employee of Fulton County, based on the rate of compensation paid him by Fulton County at the end of the calendar year next proceeding such transfer, and thereupon shall be eligible for and subject to the conditions, liabilities and benefits of this Act; provided further, that should such employee elect not to remain a member of the pension system provided by this Act and shall not make the contribution required of him under this amendment, all rights and interest of such

Page 2233

employee under this Act and prior to this amendment shall remain to his credit until such employee shall reach the age of retirement as provided in this Act and shall actually retire from employment by the State of Georgia, at which time such employee shall become eligible for such retirement pay as his credited service with Fulton County (but not with the State of Georgia) would entitle him to receive. Payment for such credit shall be made notwithstanding that the years of credit may be less than the minimum otherwise required for pension benefits. Employees leaving employment of county. Section 3. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 4. A copy of the notice of intention to apply for local legislation is attached hereto and made a part of this bill. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January, 1963 session of the General Assembly of Georgia for local legislation to amend an Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pension to county employees of said county.....and for other purposes (Ga. L. 1939, p. 571), as heretofore amended. This 12 day of December, 1962. Harold Sheats County Attorney 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

Page 2234

annexed is a true copy, was published in said paper on the 19th, 26th days of December, 1962, and on the 2nd day of January, 1963. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me this 4th day of February, 1963. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My commission expires Oct. 18, 1963. (Seal). Approved March 15, 1963. APPLING COUNTYCOMMISSIONERS OF ROADS AND REVENUESELECTIONS, VACANCIES. No. 75 (House Bill No. 433). An Act to amend an Act approved February 12, 1945 (Ga. L. 1945, p. 650) creating a board of commissioners of roads and revenues for the County of Appling, as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2266), so as to provide that each commissioner shall be elected by all the voters of the county but shall reside in the district he represents; to provide a method for filling vacancies on said board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved February 12, 1945 (Ga. L. 1945, p. 650) creating a board of commissioners of roads and revenues for the County of Appling, as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2266), is hereby amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3 which shall read as follows:

Page 2235

Section 3. At the same time the election is held in the County of Appling for the election of county officers, beginning with the election of county officers for terms commencing January 1, 1965, there shall be an election for six members to the board of commissioners of roads and revenues. The registered voters of Appling County shall elect each commissioner; provided, however, that each commissioner shall be elected by all the voters of Appling County, but that he shall reside in the district which he is representing as hereinbefore set out. County wide election. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. Vacancies . Be it further enacted that should a vacancy occur in membership of said board by death, resignation, or otherwise, in the office of any said commissioner, said vacancy shall be filled by a special election for that purpose being called by the ordinary of Appling County. Said special election shall be called not less than twenty (20) days after said vacancy occurs and shall be held not less than thirty (30) days after the call of the special election. All qualifications for and requirements of said special election shall be the same as for regular elections conducted for the board of commissioners of roads and revenues for Appling County. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1963 session of the General Assembly of Georgia, a bill to fix the number of commissioners of roads and revenues of Appling County, Georgia, to fix the method of election, salaries to be paid and to fix the powers of said commissioners, and to fix the method of filling vacancies occurring on said board of commissioners of roads and revenues.

Page 2236

This 29th day of January, 1963. Curtis C. Herndon Representative, Appling County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Curtis C. Herndon, who, on oath, deposes and says that he is Representative from Appling County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News-Banner, which is the official organ of said county, on the following dates: Jan. 31, Feb. 7, and Feb. 14, 1963. /s/ Curtis C. Herndon Representative, Appling County Sworn to and subscribed before me this 25 day of Feb., 1963. /s/ Amelia Smith Notary Public, Georgia, State at Large. My commission expires Oct. 19, 1964. (Seal). Approved March 15, 1963. McDUFFIE COUNTYCLERICAL HELP FOR CLERK OF SUPERIOR COURT. No. 77 (Senate Bill No. 52). An Act to amend an Act placing certain county officers of McDuffie County on a salary system in lieu of a fee system, approved March 9, 1959 (Ga. L. 1959, p. 2568), so as to provide a contingent expense allowance for the clerk of the superior court of McDuffie County out of which he

Page 2237

shall pay clerical help; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain county officers of McDuffie County on a salary system in lieu of a fee system, approved March 9, 1959 (Ga. L. 1959, p. 2568), 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 clerk of the Superior Court of McDuffie County shall receive a salary of $6,500 per year. He shall also receive a contingent expense allowance of $4,800 per year. Both of said sums shall be paid to the clerk in equal monthly installments from the funds of McDuffie County. From the amount received as a contingent expense allowance, the clerk shall pay the clerical help which he employs to assist him in the performance of his duties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 15, 1963. WARE COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES CREATEDREFERENDUM. No. 83 (House Bill No. 520). An Act to create a board of commissioners of roads and revenues of Ware County; to provide for the powers and duties of such board; to provide for the election and qualifications of the members of such board; to provide for the retention in office of the present commissioner; to provide for a chairman; to provide for a vice-chairman; to provide the duties of the chairman and vice-chairman; to provide for the filling of vacancies; to provide for the

Page 2238

bonds of the chairman and the members of such board; to provide for the compensation of the members of such board; to provide for the control of fiscal matters of the county by such board; to provide for the election of a chairman of such board; to provide for regular meetings of such board; to provide for a clerk of Ware County and his powers, duties and compensation; to provide for the office of such board; to provide for the duties of the commissioners; to provide for audits of the books of said board; to provide for the election and terms of the board members, and for their taking office; to repeal an Act entitled An Act to create the office of commissioner of roads and revenues of Ware County; to provide for his election and for his recall; to define his duties and provide for his compensation; to provide for a clerk for said commissioner; to provide for the proper supervision of his acts and the auditing of his books and certain other officials; to repeal all Acts creating the commissioners of roads and revenues for said county, and all Acts amendatory thereof, and for other purposes, approved August 16, 1915 (Ga. L. 1915, p. 411), and all amendatory Acts thereto; 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 county affairs of Ware County, Georgia, shall be administered by a board of commissioners of roads and revenues of Ware County, which offices are hereby created and shall become effective in the manner and at the time hereinafter state. Created. Section 2. The board of commissioners of roads and revenues of Ware County shall have such control of the county affairs generally as is now conferred by law, and all powers, rights, duties, liabilities, responsibilities, and prohibitions which were previously conferred by law upon the commissioner of roads and revenues of Ware County and which are not in conflict with this Act are hereby expressly preserved and shall devolve upon and shall be exercised by the board of commissioners of roads and revenues of Ware County herein created. Said powers, rights, duties, liabilities, responsibilities,

Page 2239

and prohibitions shall be in addition to and supplemental of all such authorities and liabilities as may hereinafter be conferred upon said board. Powers. Section 3. Any person, in order to be eligible for membership on the board, must be at least twenty-five (25) years of age, must have been a bona fide resident and citizen of Ware County for two (2) years immediately preceding the date of his election, and must be qualified and registered to vote in Ware County for the members of the General Assembly. Notwithstanding any other provisions of this Act to the contrary, the present commissioner of roads and revenues of Ware County, who took office on January 1, 1961, shall serve for the remainder of his term of office. Qualifications. Section 4. The board of commissioners of roads and revenues of Ware County shall be composed of five (5) members to be elected as hereinafter provided. There shall be five (5) positions on the board to be designated as Post No. 1, Post No. 2, Post No. 3, Post No. 4 and Post No. 5. In each primary election and general election, persons qualifying shall designate the post for which they offer to run. All members of the board shall be elected by the voters of the entire County of Ware. Any person offering as a candidate for Post No. 1 shall be a resident of Ware County regardless of location; any person offering as a candidate for Post No. 2 or Post No. 3 shall be a resident of that portion of Ware County which lies outside the corporate limits of the City of Waycross and any person offering as a candidate for Post No. 4 or Post No. 5 shall be a resident of that portion of Ware County which lies within the corporate limits of the City of Waycross. The first members of the board of commissioners of Ware County created herein shall be elected at the general election held in 1964 at which members of the General Assembly are elected and their terms shall commence on January 1, 1965. The commission member elected for the position designated as Post No. 1 shall be the chairman of the board of commissioners of roads and revenues of Ware County and shall be elected for a period of four (4) years and until his respective successor is elected and qualified; the commission members so elected for the positions designated as Post No. 2 and Post No. 4 shall be elected for

Page 2240

a period of four (4) years and until their respective successors are elected and qualified and the commission members so elected for the positions designated as Post No. 3 and Post No. 5 shall be elected for a period of two (2) years and until their respective successors are 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 (4) years each and until their respective successors are elected and qualified. Chairman, districts, terms. Section 5. The commissioners of roads and revenues shall qualify by taking and subscribing before any officer authorized to administer oaths an oath for the faithful discharge of the duties of the office to which each is hereafter elected or appointed. Oath. Section 6. Before entering upon the performance of their duties, the members of the board, including the chairman, shall give a bond in the sum of ten thousand ($10,000.00) dollars each. All bonds shall be approved by the treasurer or Ware County and payable to the said treasurer and his or her successors in office, for the use of the county, conditioned for the faithful discharge of duties, and to account for all funds and property of said county coming into their possession; and the surety on said bonds shall be a corporate surety company duly licensed to do business in the State of Georgia, and the premium therefor shall be paid out of the revenues of said county without any deduction or contribution from such commissioners. Bonds. Section 7. At the first regular meeting in January of each year, the commission shall elect from its members a vice-chairman. In the event of death, dis-qualification or resignation of the chairman he shall perform the duties and authority of the chairman until a new chairman is chosen as herein provided. The vice-chairman shall preside at commission meetings in the absence of the chairman, and shall serve for the current calendar year. In the event of a vacancy in the office of vice-chairman, the commission shall elect a new vice-chairman to serve for the remainder of the calendar year. Vice-chairman.

Page 2241

Section 8. In the event of a vacancy caused by death, dis-qualification, resignation or otherwise in the board of commissioners of roads and revenues in the County of Ware including the chairman whose unexpired term exceeds 120 days, it shall be the duty of the ordinary of Ware County to call a special election within 45 days for the purpose of filling such vacancy, which election shall be governed by the general laws in force in this State in regard to special elections. In the event such unexpired term does not exceed 120 days, it shall be the duty of the remaining commissioners of roads and revenues of Ware County to fill the vacancy by appointment. All persons 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, however, that this section shall not be construed to prohibit any person so appointed or elected in any such special election from offering in said general election for election to the remainder of such unexpired term, nor to prohibit such person or any other person from offering in said general election both for election to the remainder of the unexpired term of such office and for election to a full term succeeding such unexpired term when such general election is the regular general election for election to such office. Vacancies. Section 9. The chairman of the board of commissioners of roads and revenues shall be compensated in the sum of nine thousand ($9,000.00) dollars per annum. The other commissioners shall be compensated in the sum of fifty ($50.00) dollars per month. Compensation. Section 10. The entire fiscal affairs of the County of Ware shall be under the control of the board of commissioners of roads and revenues of Ware County. Said board shall have regular meetings on the first Tuesday of each month or at least once in each calendar month. Powers, meetings. Section 11. The chairman shall be the chief executive officer of the county government, and shall generally supervise, direct, and control the administration of the affairs of

Page 2242

the county pursuant to the powers herein conferred upon him and pursuant to the adopted resolutions of the commission in regard to matters reserved to the exclusive jurisdiction of the commission. The chairman shall preside over meetings of the commission. Chairman. Section 12. The meetings to be held by the board shall be for the transaction of all matters which, by law, come under the jurisdiction of said board, and shall be held in such office or offices as may be designated in the courthouse at Waycross, Georgia for that purpose. Meetings. Section 13. The chairman of the commissioners of roads and revenues of Ware County shall keep the office of the commissioners open during regular office hours to suit the convenience of the public during each day or forty (40) hours per week, the Sabbath and legal holidays excepted, for the transaction of public business in connection with their office. It shall be the additional duty of said chairman to supervise the laying out of road work, the construction and repairs of bridges and other property of the county, and in giving general direction and management to the county affairs whensoever and howsoever needed. Chairman, office hours. Section 14. Said board shall appoint a qualified individual to serve as the clerk of Ware County. The compensation of the clerk shall be fixed by the board. The clerk of Ware County shall investigate on a regular and continuous basis the office of the clerk of the superior court, the office of sheriff of Ware County, the office of ordinary of Ware County, the office of tax receiver of Ware County, the office of tax collector of Ware County and the office of tax commissioner of Ware County in the event the office of tax commissioner is created as to the collection of fees and costs of such offices and to see that the said fees are correctly collected and promptly turned over to the treasurer of Ware County. In the event any of the officials in charge of the offices herein named shall fail and refuse to permit the clerk of Ware County to perform the duties set out herein, it shall be the duty of the clerk to report the same to the foreman of the next grand jury convened in said county. Clerk.

Page 2243

Section 15. The clerk of Ware County shall keep an accurate set of books, minutes, or such other records as will reflect the operations of the board of commissioners of roads and revenues of Ware County. He, along with the chairman of the board, shall co-sign all checks issued on behalf of the board of commissioners of roads and revenues. He shall carry out all decisions made by the board of commissioners of roads and revenues and the chairman thereof in an administrative capacity. The commissioners of roads and revenues of Ware County shall cause the clerk of Ware County to publish once each month in the official organ of Ware County an accurate list of all expenditures of Ware County, to whom it was paid and the purpose thereof. Records, etc. Section 16. At the regular monthly meetings provided for, the commissioners shall examine all requisitions, bills, claims and demands which have been filed with them and which have not already been submitted, together with all contracts of proposals contemplated or about to be entered into by said commissioners on behalf of said county. Duties of board. Section 17. The commissioners of roads and revenues shall cause the books of the clerk of Ware County and all other county officials who handle public money to be audited once each year, and shall cause the report of the auditors making the audit of the books of the same to be a public record in the office of the board. Audits. Section 18. The present governing authority of Ware County as established by an Act entitled An Act to create the office of commissioner of roads and revenues of the County of Ware; to provide for his election and for his recall; to define his duties and provide for his compensation; to provide for a clerk for said commissioner; to provide for the proper supervision of his acts and the auditing of his books; to repeal all Acts creating the commissioner of roads and revenues for said county, and all Acts amendatory thereof, and for other purposes, approved August 16, 1915 (Ga. L. 1915, p. 411), and all amendatory Acts thereto, shall continue to function as the governing authority of Ware County until January 1, 1965, or until the time the commissioners of roads and revenues of Ware County as herein provided

Page 2244

are qualified and assume the duties of their office, at which time the governing authority provided in said Act approved August 16, 1915, shall cease to exist, and the duly elected and qualified members of the board of commissioners of roads and revenues of Ware County herein provided for shall take office as such. Prior Act repealed. Section 19. Not less than 20 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Ware County to issue the call for an election for the purpose of submitting this Act to the voters of Ware County for approval or rejection. The ordinary shall set the date of such election for a day not less than 20 nor more than 45 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Ware County. The ballot shall have written or printed thereon the words: For approval of the Act creating a Board of Commissioners of Roads and Revenues of Ware County and providing for the election and qualifications of the members of such Board. Referendum. Against approval of the Act creating a Board of Commissioners of Roads and Revenues of Ware County and providing for the election and qualifications of the members of such Board. 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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Ware 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

Page 2245

election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 20. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice is hereby given that application will be made at this session of the general assembly of Georgia for the passage of the following bill, An Act to create a board of five commissioners of roads and revenue in the County of Ware. This 9th day Feb., 1963. H. D. Dixon Representative Ware County Georgia, Ware County. I hereby attest that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Journal-Herald, Waycross, Georgia, which is the official organ of said county, on the following dates: February 9, 16 and 23, 1963. /s/ Jack Williams, Jr. Publisher, Waycross Journal-Herald Ware County, Ga. Sworn to and subscribed before me this 2 day of March, 1963. /s/ Elizabeth Goldwire Notary Public (Seal). Approved March 15, 1963.

Page 2246

CITY OF WAYCROSSCORPORATE LIMITS. No. 84 (House Bill No. 67). 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 take out of the city limits of the City of Waycross 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 Coutny, 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 same, that the Act entitled An Act to provide and establish a new charter for the City of Waycross, in the County of Ware, approved August 17, 1909 (Ga. L. 1909, pp. 1456-1507), and the several Acts amendatory thereof, be, and the same is hereby amended so as to provide as follows: From and after the passage of this Act the following described tract of land shall be taken out of the corporate limits of the City of Waycross, Georgia, and shall not thereafter be included within the corporate limits of said city, to-wit: All that tract of land lying and being in the City of Waycross, Ware County, Georgia, and 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

Page 2247

margin of the right of way of said highway with the western margin of Industrial Boulevard; thence running in a straight 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 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 that all laws and parts

Page 2248

of laws in conflict with this Act be, and the same are hereby repealed. 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 22 and 29, 1962, and January 5, 1963. /s/ Jack Williams, Jr. Sworn to and subscribed before me this 5th day of January, 1963. /s/ Louise Breen Notary Public (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, 1963, for the enactment of a local bill to amend an Act entitled An Act to provide and establish a new charter for the City of Waycross in the County of Ware, approved August 17, 1909 (Ga. L. of 1909, pp. 1456-1507), and the several Acts amendatory thereof, so as to take out of the city limits of the City of Waycross 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 the City of Waycross and Ware County, and owned by Ace Rubber Products, Inc., and Dixie Laminated,

Page 2249

Inc. on both sides of Industrial Boulevard, and for other purposes. City of Waycross By Claude Adams, Mayor Attest: C. O. Parker, Clerk Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. K. Ponsell, who, on oath, deposes and says that he is Representative from Ware County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal-Herald, which is the official organ of said county, on the following dates: Dec. 22 and 29, 1962, and January 5, 1963. /s/ W. K. Ponsell Representative, Ware County Sworn to and subscribed before me this 16th day of January, 1963. /s/ Frank E. Blankenship Notary Public, Georgia, State at Large. My commission expires July 15, 1966. (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, 1963, 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 1907, pp. 1456-1507), and the several Acts amendatory thereof, so as to take out of the city limits of the City of Waycross 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

Page 2250

the Waycross-Ware County Airport and also certain vacant lands owned by the City of Waycross and Ware County, and owned by Ace Rubber Products, Inc., and Dixie Laminated, Inc. on both sides of Industrial Boulevard, and for other purposes. City of Waycross By Claude Adams, Mayor Attest: /s/ C. O. Parker, Clerk Approved March 15, 1963. MIDDLE GEORGIA COLISEUM AUTHORITY. No. 86 (House Bill No. 419). An Act to create the Middle Georgia Coliseum Authority; to authorize the authority to acquire, construct, improve, alter, repair, operate, and maintain self-liquidating projects embracing buildings and facilities to be used for amusement, recreational, or educational purposes and for fairs, expositions, or exhibitions in connection therewith and to acquire and construct all property and things necessary or convenient for the purposes of such project and the acquisition, construction, maintenance and operation thereof; to confer powers, including, among others, the power of eminent domain, and impose duties on the authority; to designate the members of the authority; to authorize the authority and the various cities, towns, municipalities, and counties of the State to execute leases and contracts for the use of such projects and facilities; to authorize the issuance of revenue bonds of the authority payable from the revenues, rents, and earnings or other funds of the authority to pay the cost of such projects; to authorize the collection and pledging of revenues and other funds and assets of the authority for the payment of such bonds and for the cost of operating, maintaining, and repairing such projects; to authorize the

Page 2251

execution of trust instruments, mortgages, and encumbranches of the authority's property to secure the payment of such bonds; to provide rights for the holders of such bonds; to provide that such bonds shall not constitute a debt of the State nor of any city, town, municipality, or county thereof; to make such bonds legal investments and exempt the same and the income therefrom and interest thereon along with all property of the authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of such bonds and the security therefor; to fix the venue or jurisdiction of actions relating to any provisions of this Act; to limit the period of time in which any action may be brought to contest the validity of such bonds or of any security provided therefor; to provide for the severability of the provisions of this Act; to repeal all laws and parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is hereby declared that there exists in middle Georgia a need for an authority to function without profit in developing and promoting for the public good in this State the cultural growth, public welfare, education, and recreation of the people of this State. Declaration. Section 2. There is hereby created a public body corporate and politic to be known as the Middle Georgia Coliseum Authority, which shall be deemed to be an instrumentality and a subordinate public corporation of the State of Georgia. Any funds realized by said authority shall be expended for the development and promotion in this State of the cultural growth, public welfare, education, and recreation of the people of this State including the erection and construction of a building or buildings which shall and hereby are declared to be public buildings to be used for amusement purposes or educational purposes or a combination of the two, and for fairs, expositions, or exhibitions in connection therewith, and the purchase of lands, easements, rights in lands, and franchises for the construction of such facility or facilities and for use in connection therewith. Created.

Page 2252

Section 3. (1) The authority shall consist of the following five members whose terms of office as members of the authority shall expire on the dates shown following their names: Milton C. Powell, June 1, 1964; Thad B. Murphey, June 1, 1965; Thomas B. Harrell, June 1, 1966; Edgar H. Wilson, June 1, 1967; Charles F. Adams, June 1, 1968. First members. (2) Vacancies on the authority by reason of expiration of term or otherwise shall be filled by the authority itself, and the authority may act to fill vacancies caused by the expiration of term before the vacancy occurs. Following the initial appointments to the authority hereby made, all appointments to the authority shall be for terms of five years, except that the appointment of any person selected to fill an unexpired term shall be only for the remainder of such term. Vacancies. (3) The members of the authority shall organize and enter upon the performance of their duties immediately after the effective date of this Act. Duties. (4) The authority shall elect one of its members as chairman and another as vice-chairman, and shall elect a secretary-treasurer, who may but need not necessarily be a member of the authority. Chairman. (5) Three members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority at every meeting, and in every instance a majority vote shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. Quorum. (6) If at any time, by reason of common disaster, or by reason of the failure of the members of the authority hereby appointed to accept their appointment, or for any other reason, there shall not be sufficient members of the authority willing and able to meet and constitute a quorum, any

Page 2253

resident of the State of Georgia may file in the office of the clerk of the Superior Court of Bibb County, Georgia, a petition directed to the Superior Court of Bibb County against the authority setting forth that there are not sufficient members of the authority willing and able to meet and constitute a quorum, and setting forth the reason or reasons therefor and showing the necessity of having a sufficient number of members of the authority appointed in order that a quorum may be available, and shall obtain from the judge of the said court an order requiring the authority to show cause at such time and place either in term or chambers within twenty days of the filing of the petition, as the judge may direct, why the said judge should not appoint sufficient members to the authority to enable the authority to obtain a quorum. In the event there is no officer or agent of the authority upon whom service may be made, and the court shall so find, the cause shall proceed to be heard ex-parte. At the time designated for the hearing of said cause the judge of said court shall proceed to hear and determine all questions of law and of fact in said cause and shall render judgment thereon, and, in the event said judgment shall find that a necessity exists for the making of such appointment or appointments, such judge shall then make such appointment or appointments either for the remainder of an unexpired term or terms or for such new term or terms as may not have been filled, and shall include such appointment or appointments in said judgment, and, if the petitioning party or parties shall be dissatisfied with said judgment the petitioning party or parties may except thereto within twenty days from the date of the judgment, and said judgment shall be reviewable as are other final judgments of the court. Vacancies. (7) The members of the authority shall not be entitled to compensation for their services, but shall be entitled to and shall be reimbursed for their actual expenses properly incurred in the performance of their duties. Each member of the authority shall hold office until his successor shall have been appointed and qualified. The authority shall make rules and regulations for its own government and may retain, employ, and engage professional and technical supervisors, assistants, and experts and other agents and employees,

Page 2254

temporary or permanent, as it may require. The members of the authority shall be accountable in all respects as trustees, and the authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings, and of all income and receipts of every nature and all expenditures of every kind. Compensation, employees. Section 4. It is hereby found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this State, and that the authority is an institution of purely public charity, and all property of said authority is hereby declared and shall in all respects be considered to be public property and title to such property shall be held by the authority only for the benefit of the public, and the use of such property pursuant to the terms of this Act shall be and is hereby declared to be for public and governmental purposes, that is, for the promotion of the public general welfare in matters of cultural development, education, pleasure, and recreation of the public at large, in an effort to better the general condition of society, or that considerable part of society residing in middle Georgia, which promotion is hereby declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society, and all the property, income, obligations, and interest on the obligations of the authority and the transfer thereof shall be and hereby are declared to be nontaxable for any and all purposes. Property. Section 5. The authority shall have powers: (1) To adopt and alter a corporate seal. (2) To acquire by gift or by purchase on such terms and conditions and in such manner as it may deem proper or by exercise of the right of eminent domain in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, lands, easements, or rights in lands, or franchises necessary or convenient for its corporate purposes and to use, rent, or lease the same or make contracts with respect to the use thereof, or to dispose

Page 2255

of the same in any manner it deems to the best advantage of the authority and the purposes thereof. Title to such property, however, shall be held by the authority only for the benefit of the public. Powers. (3) To receive and administer gifts, grants, loans, appropriations, and donations of money or materials or property of any kind, including loans and grants from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality thereof shall impose, and to administer trusts, and to sell, lease, transfer, convey, appropriate, pledge, mortgage, or encumber all of its property and assets. (4) To borrow money and issue notes or revenue bonds payable from the earnings of the projects of the authority, execute trust agreements or indentures and sell, convey, mortgage, pledge, encumber, and assign any and all of its funds, assets, property, and income as security for such notes or revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof, and provide for foreclosure or forced sale of any property of the authority upon default either in payment of principal of or interest on such obligations or under any term of or condition pursuant to which such obligations were issued. (5) To contract with the State of Georgia and agencies thereof, cities, counties, and other political subdivisions thereof, and with private persons and corporations in such manner as the legitimate and necessary purposes of this Act shall authorize or require including contracts for construction and leasing of its projects. (6) To construct, reconstruct, acquire, own, alter, repair, maintain, add to, extend, improve, operate, and manage projects including the erection of a building or buildings which shall and hereby are declared to be public buildings to be used for amusement purposes or educational purposes or a combination of the two, and for fairs, expositions, or exhibitions in connection therewith, and the purchase of lands, easements, rights in lands, and franchises for the construction

Page 2256

of such facility or facilities and for use in connection therewith, the cost of any such project to be paid in whole or in part from the proceeds of the sale of revenue bonds of the authority, and the title to such property to be held by the authority only for the benefit of the public. (7) To issue revenue bonds not to exceed an aggregate principal amount of $4,500,000.00 during the life of the authority to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, addition to, or extension of such project. All revenue bonds issued pursuant to the provisions of this Act shall be fully negotiable instruments and shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of Georgia. (8) To issue revenue bonds to call, refund, or refinance in whole or in part all outstanding revenue bonds secured by the anticipated revenue of such project and to include in the cost of the issuance of such bonds any call premium that may be required for the redemption and refunding of such outstanding bonds. (9) To do any and all things necessary or proper for the accomplishment of the objectives of this Act and any amendments hereof and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the constitution and laws of this State. (10) To invest any accumulation of its funds and any sinking funds or reserves in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested and to purchase its own bonds at a price of not more than the principal thereof and accrued interest. All bonds so purchased shall be cancelled. Section 6. In addition to the foregoing powers and subject to any limitations herein contained the authority shall have all the powers of municipalities under the provisions of the Revenue Bond Law of Georgia, Ga. Laws. 1937, p. 761, as amended, codified in Georgia Code Annotated, Chapter 87-8, including, but not limited to, the authority to expend

Page 2257

from any funds available or to obligate itself to expend such sums as may be necessary for the survey, study, financing, construction, and completion of any such project. Bonds. Section 7. When each and all of the bonds, interest coupons, and obligations of every nature whatsoever, for the payment of which the revenues of any given project or projects have been placed in whole or in part, have been paid in full or an amount sufficient for the payment of all such bonds or obligations and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of the holders of such bonds or obligations, the authority shall have the power and right to convey to the City of Macon, Georgia, such project or projects and all legal right, title, and interest therein and, upon the completion of such conveyance in such manner that the authority shall no longer hold any right, title, or interest in any such project or projects, the legal existence and functions of the authority shall terminate. City of Macon. Section 8. Revenue bonds issued under provisions of this Act shall not be deemed to constitute a debt or a pledge of the faith and credit of the State of Georgia or of any city, county, or other political subdivision of the same, but such bonds shall be payable from the rentals, revenues, and funds of the authority as provided in the resolutions or trust agreements or indentures authorizing or securing the issuance and payment of such bonds and the issuance of such bonds shall not directly, indirectly, or contingently obligate the State or any city, county, or political subdivision thereof to levy or pledge any form of taxation whatever for the payment thereof. No holder of any such bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State or of any city or county thereof nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section. Bonds. Section 9. The bonds herein authorized are hereby made securities in which all public officers and bodies of this State

Page 2258

and all municipalities and all municipal subdivisions, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all municipalities and municipal subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Bonds. Section 10. Said authority may contract with any city, town, municipality, or county of this State for the payment of such rents, fees, and charges for the use by such subdivisions or the residents thereof of the project or projects and facilities of the authority, and any such city, town, municipality or county shall have and hereby is given the right and power to make such contract and the rentals contracted to be paid by the lessees or tenants to the authority under such contract or contracts entered into pursuant to the provisions of this Act shall constitute general obligations of the city, town, municipality, or county for the payment of which the full faith and credit of such city, town, municipality, or county shall be and the same hereby is pledged to provide the funds required to fulfill all obligations arising under any such contract; and any such city, town, municipality, or county which shall have entered into such a contract pursuant to the provisions of this Act shall annually in each and every fiscal year during the term of such contract include in a general revenue or appropriation measure, within any millage limitations of its power of taxation and whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract until all payments required under such contract have been paid in full, and such contract payments

Page 2259

shall constitute a first charge on all the revenues of such city, town, municipality, or county from whatever source derived, and such revenues shall be and hereby are unconditionally obligated to the payment of such sums. In the event for any reason any such provision or appropriation is not made, then the fiscal officers of such city, town, municipality, or county are hereby authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract. The amount of the appropriation in each fiscal year to meet the obligations of such contract as authorized and required hereby shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract, and such appropriation shall have the same legal status as if the contracting city, town, municipality, or county had included the amount of the appropriation in its general revenue or appropriation measure, and such fiscal officers shall make such payment to the authority if for any reason such appropriation is not otherwise made; and any such city, town, municipality, or county may obligate itself and its successors to use only such structure, building, or facilities constituting such project and none other. Contracts. Section 11. The authority shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority for the purpose of paying all or any part of the cost of any one or combination of its projects not to exceed an aggregate principal amount of $4,500,000.00 during the life of the authority. The principal and interest of such revenue bonds shall be payable solely from and may be secured by a pledge of rents, fees, charges, and other revenues of all or any part of the project or projects financed in whole or in part with the proceeds of such bonds or with the proceeds of bonds called and refunded or to be called and refunded by such issue. The bonds of each issue shall be dated, shall bear interest, shall mature, shall be payable as to both principal and interest as may be determined by the authority within the terms of the Revenue Bond Law of Georgia, Ga. Laws 1937, p. 761, as amended, codified in Georgia Code Annotated, Chapter 87-8,

Page 2260

and the bonds may be made redeemable before maturity at the option of the authority at such price or prices and under such terms and conditions as may be fixed by the authority in its resolution providing for the issuance of the bonds. Revenue bonds. Section 12. (a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the authority with revenue bonds, the authority is authorized and empowered to collect rents, fees, and charges on each project which it shall cause to be constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of said authority: Rents, etc. (1) To pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof unless such cost shall be otherwise provided for; (2) To pay the principal of and interest on said revenue bonds as the same shall become due, including premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects; (3) To comply with any sinking fund requirement contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds; (4) To perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged; (5) To accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds;

Page 2261

(6) To pay any expenses in connection with such bond issue or such project or projects including but not limited to trustees', counsel, and fiscal fees. (b) Such rental shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor and any such contract or lease may provide for the commencement of rental payments to the authority prior to the completion of the undertaking by the authority of any such project, and it may provide for the payment of rental during such times as such project or projects may be partially or wholly untenantable; (c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and projects regardless of the cause of the necessity of such maintenance, repair, or reconstruction. If such projects be included in any rental contract or lease then the operation, maintenance, repair, and reconstruction, if necessary, may be performed by the cities, towns, municipalities, or counties which may be the tenants or lessees under such rental contract or lease; (d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the authority from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at the expense of the tenants or lessees, the defense of any action brought against the authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises. (e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the authority may enforce performance by any legal or equitable process against the tenants or lessees, and consent is hereby given for the institution of any such action. (f) The authority shall be permitted to assign any rental to it pursuant to such rental contract or lease to a trustee

Page 2262

or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds. (g) The use and disposition of the authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same. Section 13. The revenues, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the authority regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds have been issued may be pledged by the authority to payment of principal and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside into sinking funds at regular intervals for which provision may be made in any such resolution or trust instrument, or sinking funds may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent for paying such principal and interest, and (4) any premium upon bonds retired upon call or purchase, and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same. Revenues, etc. Section 14. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form or both, as the authority may determine, and provision may be made for the registration

Page 2263

of any coupon bonds as to principal alone and also as to both principal and interest. Bonds. Section 15. In the discretion of the authority any issue of revenue bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee which may be any trust company or bank having the powers of a trust company within or outside of the State of Georgia. Such trust agreement or indenture may pledge or assign rents, fees, charges, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bond holders, including the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rents, fees, charges, or revenues for the use of the project or projects necessary to pay all costs of operation or reserves provided for, the principal and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the authority. Such resolution or trust agreement or indenture may include covenants setting forth the duties of the authority in relation to the acquisition and construction of the project and to the custody, safeguarding, and application of all funds and covenants providing for the operation and maintenance of the project or projects and may contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. Such trust agreement or indenture may set forth the rights and remedies of the bond holders and of the trustee and may restrict the actual right of the bond holders as is customary in securing bonds and debentures of corporations. Such trust agreement or indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bond holders. All expenses paid in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust. Contracts. Section 16. Any action to protect or enforce any rights

Page 2264

under the provisions of this act brought in the courts of the State of Georgia, shall be brought in the Superior Court of Bibb County, Georgia, and any action pertaining to validation of the bonds issued under the provisions of this Act shall be brought in said court which shall have exclusive, original jurisdiction of such acts. Actions. Section 17. (a) All bonds of the authority shall be confirmed and validated in the Bibb County Superior Court in accordance with the procedure of the Revenue Bond Law of Georgia, Ga. Laws 1937, p. 761, as amended, codified in Georgia Code Annotated, Chapter 87-8. The petition for validation shall be brought against said authority and, in the event the payments to be made by any city, town, municipality, or county under a contract entered into between the authority and such political subdivision are pledged as security for the payment of the revenue bonds sought to be validated, such political subdivision or subdivisions shall also be made parties defendant, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be adjudicated to be in all respects valid and binding upon such subdivision or subdivisions. It shall be incumbent upon such subdivision or subdivisions to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the clerk of the Superior Court of Bibb County in which court such validation proceeding shall be initiated. Any resident of the State of Georgia may intervene in the validation proceedings at or before the time set for the validation hearing and may assert any ground of objection to the validity and binding effect of such bonds and the security therefor and of such contract or contracts on his own behalf and on behalf of all citizens and residents of the State of Georgia. In the event no bill of exceptions shall be filed within twenty days from the date of the judgment of validation or, if filed and the judgment shall be affirmed by the proper appellate court of this State, the judgment of the Bibb County Superior Court so confirming and validating the validity and binding

Page 2265

effect of such contract or contracts and of such bonds and the security therefor shall be forever conclusive upon the issue of the validity and binding effect of such contracts and bonds and the security therefor and upon the issue of the validity and constitutionality of this and any other act pertaining to such contracts and bonds and the security therefor against the authority issuing the same and against the parties to such contracts and against all residents of the State of Georgia. Bond validation. (b) Any action or proceeding to contest the validity or binding effect of any such revenue bonds or resolution or trust instrument pertinent thereto or any contracts made for the purpose of providing the payment of such bond as aforesaid must be commenced and filed prior to the conclusion of the validation hearing notice of which shall have been given as provided by law. After the expiration of such period of limitation no right of action or defense founded upon the invalidity of such bonds, resolution, trust instrument, or contracts shall be asserted nor shall the validity and binding effect of such bonds, resolution, trust instrument, or contracts be opened to question or attack in any court upon any ground whatever, except in an action or proceeding commenced and filed prior to the conclusion of such validation hearing. Section 18. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the State, the authority, and every holder of the authority's bonds and, upon and after the issuance of bonds under the provisions of this Act, shall constitute an irrevocable contract with the holders of such bonds. Intent. Section 19. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds or as revenues, rents, fees, charges, or other earnings, shall be deemed to be trust funds to be held and applied

Page 2266

solely as provided in this Act, and the bond holders paying or entitled to receive the benefits of such funds shall have a lien on all such funds until applied as provided for in any such resolution, trust agreement, or indenture of the authority. Funds. Section 20. This Act, being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Intent. Section 21. The provisions of this Act shall be regarded as supplementary and additional to powers conferred by other laws and shall not be regarded as being in derogation of any powers now existing. Intent. Section 22. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions; and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act, or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Insofar as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. Severability. Section 23. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the January, 1963 session of the General Assembly of Georgia for the passage of the following local legislation: (a) A bill to create a Middle Georgia Coliseum Authority; to provide for its purposes, scope, powers, revenues and limitations, and for the designation of its governing commission; and for other purposes.

Page 2267

Any mater 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 2nd day of January, 1963. Buckner F. Melton, City Attorney, City of Macon. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mitchel P. House, Jr., who, on oath, deposes and says that he is Representative from Bibb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon News, which is the official organ of said county, on the following dates: January 4, 1963, January 11, 1963 and January 18, 1963. /s/ Mitchel P. House, Jr. Representative, Bibb County Sworn to and subscribed before me this 20th day of February, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My commission expires March 17, 1964. (Seal). Approved March 15, 1963.

Page 2268

PENSIONS PAYABLE TO RETIRED POLICEMEN AND FIREMEN OF COUNTIES HAVING A POPULATION OF 500,000 OR MORE. No. 87 (Senate Bill No. 136). An Act applying to counties having a population of 500,000 or more by the United States Census of 1960 or any future United States Census whose governing authorities are required by law to pay pensions from the county treasury of such county to retired county policemen and firemen; to provide that the governing authorities of such counties shall have authority to recompute such pensions; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: the governing authorities of counties having a population of 500,000 or more by the United States Census of 1960 or any future United States Census shall have authority to recompute pensions payable to county policemen and firemen heretofore retired under the statutes in effect at the time of their retirement as follows: Section 1. A. Pension payments due former county policemen and firemen who retired as a matter of right prior to April 1, 1955 and who have to their credit twenty-five years or more of creditable service with such county and who have been awarded pensions (which shall include pensions for total disability incurred in line of duty) under the terms of the Act in effect at the time of their retirement shall have their pensions recomputed on the following basis: (1) There shall be paid a basic pension of one-half the average monthly salary paid to such former policemen and firemen during the last three years of their active service as county employees, not to exceed, however, the sum of $150.00 per month for such persons. (2) In addition to the basic pension provided in the preceding subparagraph, there shall be paid the sum of $5.00 per month for each full year's active service in excess of

Page 2269

twenty-five years. The record kept in the office of the county authorities of such county shall be conclusive as to the time served. (3) The aggregate of all pension benefits payable to all former firemen and policemen under the provisions of this Act shall be limited so that the same shall not exceed seventy-five (75%) per cent of the average monthly salary paid to such firemen and policemen for the last year of employment in active service with such counties. B. Former policemen and firemen who retired prior to April 1, 1955 but who had less than twenty-five years of creditable service with such county but who have been awarded pensions under the terms of this Act as heretofore amended shall be paid that proportion of the basic pension provided in paragraph (1) of subsection A of section I above, as the length of their service measured in full year's of service bears to twenty-five years. C. This section shall not be effective to, nor be construed to, confer eligibility for a pension upon former policemen or firemen who were not eligible for a pension under the provisions of the statute in effect governing the retirement of such employees in such counties on the date of their retirement, resignation or other withdrawal from service in such county. D. The widow or dependent child of such former policeman or fireman shall be eligible to receive [UNK]'s of the pension that such former policeman or fireman was receiving or would have been eligible to receive under the terms of the Act in effect at the time of his retirement. E. This amendment shall be effective as of January 1, 1963. Section 2. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 20, 1963.

Page 2270

ACT CREATING SMALL CLAIMS COURTS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 19,500 AND NOT MORE THAN 19,700 PERSONS AMENDED. No. 88 (House Bill No. 18). 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), as amended by an Act approved February 16, 1962 (Ga. L. 1962, p. 2182), in order to provide for the procedure and practice in garnishments, in issuing executions from said court; to fix, clarify and make certain provisions as to cost in certain cases; to provide for contempt of court; to establish bailiff fee on judicial sales and bailiff's fee for execution of fi fa's; 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. Be it enacted that the Act creating a small claims court in certain counties in this state, approved April 5, 1961 (Ga. L. 1961, p. 3142), as amended by an Act approved February 16, 1962 (Ga. L. 1962, p. 2182), is hereby amended by striking sub-section (b) of section 6 of said Act, and by substituting in lieu thereof one new sub-section to be numbered (b) which shall read as follows: (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from 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, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to sender by U. S. postal authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a U. S. Post Office employee or U. S. mail carrier

Page 2271

to whom refusal was made, then 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. Procedure. Section 2. Said Act is further amended by adding a new section thereto to be designated as section 8 (a) and to read as follows: Section 8 (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 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 trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summonsing 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 cost in said proceeding. Claims. Section 3. Said Act is further amended by adding a new section thereto to be designated as section 23 (a) and to read as follows: Section 23 (a). Such small claims courts having no designated terms at stated periods, 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

Page 2272

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 immediately 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. Hearings. Section 4. Said Act is further amended by adding a new section thereto to be designated as section 23 (b) and to read as follows: Section 23 (b). 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 by the judge of the Small Claims Court; or it may be served by registered or certified mail, provided such service 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; provided further, it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by U. S. postal authorities marked refused, giving the date of refusal and be signed or initialed by a U. S. Post Office employee or U. S. mail carrier to whom refusal was made. 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. Summons of garnishment. Section 5. Said Act is further amended by striking section

Page 2273

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 such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each. The judge or clerk shall have the power to subpoena jurymen and witnesses. Jury trials. Section 6. Said Act is further amended by adding a new section thereto to be designated as section 24 and to read as follows: Section 24. The judge of a Small Claims Court shall have the power to impose fines of not more than ten dollars or imprison for not longer than twenty-four hours any person guilty of contempt of court, such fines to be paid into the county treasury or depository for county purposes. Contempt of court. Section 7. Said Act is further amended by adding a new section thereto to be designated as section 25 and to read as follows: Section 25. The fee of bailiff for the execution of a fi fa shall be four dollars, plus a reasonable amount for drayage to be determined by the Small Claims Court judge. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of three ($3.00) dollars. Bailiff's fees. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 20, 1963.

Page 2274

CITY OF MONTEZUMANEW CHARTER. No. 89 (House Bill No. 23). An Act to reincorporate the City of Montezuma in the County of Macon; to create a new charter for said city; to provide for its corporate limits; to provide for the government of said city; to provide for the officials thereof, and their selection, oath, powers and duties; to provide their term of office; to provide for elections; to provide for a recorders court in said city; to provide for its fiscal administration; to provide restrictions on actions for damages; to provide for penalties; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Article I. Charter, City Limits and Corporate Powers. Section 1.01 . This Act is a charter and shall constitute the whole charter of the City of Montezuma, Georgia, repealing and replacing the charter provided by Act No. 68 of the Georgia Laws of 1929, pages 1199 and 1210, as amended. The City of Montezuma, Georgia, in the County of Macon, and the inhabitants thereof, are hereby constituted and declared a body politic and corporate by the name and style of the City of Montezuma, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal, and change it at pleasure. Section 1.02. City Limits . Be it further enacted, that said city shall include all territory within the following boundaries, which shall constitute the corporate limits, as follows: All that tract or parcel of land lying and being in the 15th district (originally Houston) and in the 1st district (originally Dooly) both now in the County of Macon, State of Georgia, described as being enclosed within the boundaries set forth as follows:

Page 2275

Beginning at a point where the easterly bank of the Flint River intersects with the north boundary line of land lot no. 232 and running thence easterly along the northern boundary line of land lots nos. 232 and 226 to the eastern boundary line of State Highway No. 49 (Montezuma to Marshallville), run thence south along the eastern boundary of said State Highway to a certain dirt road which constitutes the beginning of the lands of W. H. Barnwell, Jr., run thence north 80 degrees 02 minutes east along said dirt road for a distance of 1039.8 feet, run thence north 73 degrees 57 minutes east for a distance of 301.7 feet, run thence south 0 degrees 50 minutes west for 827.9 feet, run thence north 89 degrees 10 minutes west approximately 740 feet to a certain stream which runs southeasterly from the lake on the Barnwell property, run thence along said stream in a southeasterly direction to the confluence of said stream with Beaver Creek, run thence in a northeasterly direction up Beaver Creek to the confluence of that Creek with Spring Branch, run thence in an easterly direction up said Spring Branch to the point where said branch intersects with the lot line between land lots #192 and #187, run thence south along said lot line (which is the west lot line of land lots nos. 187 and 188, and is the east lot line of land lots nos. 192 and 191) to the south boundary line of said lots, run thence west along the line between land lots 190 and 191 for a distance of 779.4 feet to the western right of way line of the Atlantic Coast Line Railroad Company tract, run thence along the said western boundary of said railroad in a southerly direction to the run of Spring Pond Creek (which is 2332 feet from the centerline of Travelers Rest Road), run thence in a southerly direction down Spring Pond Creek to the westerly right of way line of State Highway No. 90 (Montezuma to Byromville), run thence northerly along said westerly right of way line for a distance of 1366 feet to the north property line of Lewis Hicks, run thence south 41 degrees 45 minutes west for a distance of 77.8 feet, run thence south 38 degrees 58 minutes east for a distance of 590.6 feet, run thence south 2 degrees 16 minutes east for a distance of 1202 feet to the run of Spring Pond Creek, run thence in a westerly direction down said Spring Pond Creek to the east bank of the Flint River, run thence in a northerly direction

Page 2276

along said eastern bank of the said Flint River to the point of beginning. Except however, a certain tract or parcel of land owned by Spalding Realty Corporation, comprising 99.1 acres, more or less, lying and being in land lots nos. 191 and 192, and in the 15th district of originally Houston, now Macon County, Georgia, said lands being shown in detail on a plat of survey prepared by J. R. Curtis, dated August 3, 1949, which said plat is recorded in plat book 4, page 3, Macon County deed records, and is specifically made a part of this description by this reference thereto. Section 1.03. Corporate powers . Be it further enacted, that the corporate powers of the city, to be exercised by the city council, shall include the following: (a) To levy and to provide for the assessment, valuation, re-evaluation, and collection of taxes on all property subject to taxation. (b) To levy and to provide for the collection of license taxes on privileges, occupations, trades, and professions. (c) To levy and to provide for the collection of registration fees on automobiles and trucks owned by residents of the city, and also on automobiles and trucks owned by nonresidents and operated within the city with regularity. Such registration fees on trucks or automobiles may be graduated according to their tonnage capacities, weight or horsepower. (d) To appropriate and borrow money to provide for payment of the debts of the city, and to authorize the expenditure of money for any municipal purpose, or for matters of National or State interest. (e) To acquire, dispose of, and hold in trust or otherwise, any real, personal or mixed property, inside or outside the city. (f) To condemn property, inside or outside the city, for present or future use, and for any corporate purpose deemed necessary by the city council, under section 36-202 of the Code of Georgia, 1933, or under other applicable public acts.

Page 2277

(g) To acquire, construct, operate, distribute, sell, and dispose of public utilities, including but not limited to a system of waterworks and/or a natural gas system subject to the provisions of applicable general law. For water and gas furnished and for all sewerage and sanitary services rendered, said city shall have a lien against any property of the persons served; said lien to be enforceable in the same manner and with the same remedies as a lien for city property taxes. (h) To grant franchises or make contracts for public utilities and public services, not to exceed periods of twenty years. The council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor. (i) To regulate the rates and services of public utilities in-so-far as not in conflict with such regulation by the Georgia Public Service Commission or other similar State or Federal agency having jurisdiction in such matters. (j) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and any other public improvements, inside or outside the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia or other applicable public acts. (k) To require real estate owners to repair and maintain in a safe condition, the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure so to do. (l) To prescribe standards of health and sanitation and to provide for the enforcement of such standards.

Page 2278

(m) To provide for the collection and disposal of garbage, rubbish and refuse. Charges may be imposed to cover the costs of such services which, if unpaid, shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner, and under the same remedies, as a lien for city property taxes. (n) To define, regulate and prohibit any act, practice, conduct, or use of property, which is detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city. (o) To define a nuisance in the city and to provide for its abatement. The mayor or recorder of the city, as the case may be, shall have jurisdiction of all nuisance abatement proceedings in the city. 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 the same within ten days after written notice from the city to do so. (p) To establish minimum standards for, and to regulate, building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness and safety of inhabitants of the city, and to provide for the enforcement of such standards. This sub section does not apply to work done by and for public utilities. (q) To regulate and license weights and measures. (r) To provide that persons given jail sentences in the city court shall work out such sentences on the streets, or any public works of the city, or in a city workhouse established for this purpose, as provided by ordinance; or the council may provide for the commitment of city prisoners to the county work camp, or jail, by agreement with the appropriate county officers.

Page 2279

(s) To regulate and license, or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment of same, in violation of any ordinance or lawful order; also to provide for their disposition, by sale, gift, or humane killing, when not redeemed as provided by ordinance. (t) To order any railroad operating within the city to construct viaducts or underpasses in order to eliminate grade crossings, or to pave and maintain grade crossings in a smooth and safe condition. The city shall pay the costs of constructing approaches to the railroad's right-of-way line. Each day's failure of the railroad to comply with such an order after a reasonable time has elapsed, shall be a misdemeanor and a separate offense, and shall be punished by a fine not to exceed one hundred dollars ($100.00) for each offense. If the railroad refuses to do such work, the city may have the work done, and may collect the cost thereof from the railroad, by the use of all legal and equitable remedies available under applicable provisions of law or equity, or a combination thereof. (u) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in amounts prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles. (v) To levy and provide for the collection of special assessments for public improvements. (w) To provide that the violation of any ordinance, rule, regulation or order shall be punishable as a misdemeanor, as hereinafter provided. (x) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in

Page 2280

the Act as fully and completely as if such powers were fully enumerated herein. No enumeration of particular powers in this Act shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers, unless expressly prohibited to cities under the constitution or applicable public acts of the state. Section 1.04. Ordinances . Be it further enacted, that all ordinances, by-laws, rules and regulations, now in force in said city, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by the mayor and council of said city. Article II. City Council. Section 2.01. Election of mayor and councilmen . Be it further enacted, that on the first Tuesday in January, 1964, and on said date biennially thereafter, there shall be an election for the office of mayor. On the same date in each year three councilmen shall be elected to serve two years, in the order of expiration of terms of those now serving as such. The mayor and council shall have the power to provide the exact manner in which, and place where, elections shall take place; to require the preservation of good order and to prevent disturbance or interference with the free right to vote. The mayor shall appoint three freeholders or one justice of the peace and two freeholders of the city, to manage all elections. Each manager, before entering on his duties, shall take the following oath before some judge or justice of the peace: I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed manager, and will prevent all illegal voting, to the best of my ability and power, so help me God. The mayor shall provide at the city's expense all necessary material for use of managers in elections. The mayor and council may, by ordinance, prescribe how votes may be challenged; how the returns of all elections shall be made and results declared; and also how contests of any election shall be conducted, and to prescribe all rules and

Page 2281

regulations for the proper conduct of all elections in said city. Section 2.02. City Council . Be it further enacted, that the mayor and six councilmen shall compose the city council, in which is vested all corporate, legislative and other powers of the city, except as otherwise provided in this Act. The council shall be the final judge of the election and qualifications of its members, also of the amount and manner of compensating them for their services. The council shall hold regular public meetings at a stated time and place, as provided by ordinance. The council shall meet in special session on written call of the mayor or any three councilmen, and notice of which has been served on the other members personally or left at their residences at least twelve hours in advance of the meeting. But such notice of a special meeting shall not be required if the mayor and all councilmen are present when the special meeting is called. Only the business stated in the written call may be transacted at a special meeting, except by unanimous consent of all members of the council. The council shall exercise its powers only in public meetings. A majority of the council shall constitute a quorum. The council may, by ordinance, adopt rules and by-laws to govern the conduct of its business; including procedures and penalties for compelling the attendance of absent members. The council may subpoena and examine witnesses, may order the production of books and papers, and shall have the same powers as the City Court of Oglethorpe, or comparable county court, to punish for refusal to obey such an order or subpoena, or for disorderly or contemptuous behavior in the presence of the council. Section 2.03. Mayor as presiding offiecr . Be it further enacted, that the mayor shall preside at meetings of the council, shall have a vote only in case of a tie, but no veto power; shall be the ceremonial head of the city, shall sign ordinances and resolutions on their final passage; shall sign deeds, bonds and contracts when authorized by the council to do so; shall be the officer to accept process against the city, and shall perform other duties imposed by this Act and ordinances not inconsistent with this Act.

Page 2282

Section 2.04. Vice-mayor . Be it further enacted, that the council at the first regular meeting, after the newly elected councilmen have taken office following each annual election, shall elect from its membership a vice-mayor for a term of one year. In the event that no decision is reached at such first regular meeting, the council shall, within five ballots to be taken within ten days following such meeting, elect the vice-mayor; otherwise the councilman who received the highest number of votes, when he was last elected, shall become vice-mayor. The vice-mayor shall perform the duties of the mayor during his absence or inability to act, and shall fill out any unexpired term in the office of mayor, in which case a new vice-mayor shall be elected by majority vote of the council. Section 2.05. Vacancy in office of mayor or councilman . Be it further enacted, that a vacancy shall exist if the mayor or a councilman resigns, dies, moves his residence from the city, or has been continuously disabled for a period of six months, so as to prevent him from discharging the duties of his office, or if he accepts any Federal, state, county, or other municipal office or position of employment, except as a notary public or member of the National Guard or other reserve components of the U. S. Armed Forces; of if he is convicted of malfeasance or misfeasance in office, or of a felony, or violation of this Act; or any violation of the election laws of the state. The council shall appoint a qualified person to fill such a vacancy for the remainder of the unexpired term. If a tie vote by the council to fill a vacancy is unbroken for fifteen days, the mayor, or vice-mayor in case of a vacancy in the office of mayor, shall appoint a qualified person to fill the vacancy. At no time shall there be more than two members (including the mayor) so appointed holding office; and if a vacancy occurs, with two members so appointed on the council, a special election shall be held on the sixth Tuesday following occurrence of the vacancy, at which election a mayor or councilman, as the case may be, shall be elected to serve the remainder of the unexpired term of the vacant office; provided that no such election shall be held if a regular annual election will occur within six months.

Page 2283

Section 2.06. City Clerk . Be it further enacted, that the mayor and council shall appoint a city clerk, who shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the title of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the council or mayor. Salary of the city clerk and his term of office shall be as prescribed by the mayor and council. Section 2.07. City Legislation . Be it further enacted, that any action of the council, having a regulatory or penal effect, or required to be done by ordinance under this Act, shall be done only by ordinance. Each resolution and ordinance shall be in written from before being introduced. The affirmative vote of at least four members of the council shall be required to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the city clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions and motions shall be filed and preserved by the city clerk. Article III. Organization and Personnel. Section 3.01. Organization . Be it further enacted, that the city government shall continue as presently organized, unless and until otherwise provided by ordinance; but no such ordinance shall be adopted until after the council has received and considered the written recommendations of the mayor. The council, by such ordinances, may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city; may provide that the same person shall fill any number of offices and positions of employment, and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city.

Page 2284

Section 3.02. Administrative duties of Mayor . Be it further enacted, that the mayor shall be the executive head of the city government, responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the city; and the city attorney shall take such legal actions as the mayor may direct for such purposes. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such other powers and duties as may be provided by ordinances not inconsistent with this Act. Section 3.03. City Attorney . Be it further enacted, that the mayor and council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a part; shall be the prosecuting officer in the mayor's or recorder's court; shall attend all meetings of the council; shall advise the council, mayor, and other officers and employees of the city, concerning legal aspects of the city's affairs; shall approve as to form and legality all contracts, deeds, bonds, ordinances, resolutions, and motions, prescribed by the council or mayor. Section 3.04. Mayor's or Recorder's Court . Be it further enacted, there shall be a mayor's or 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 mayor or recorder in the courtroom in the city hall of said city as often as necessary. If the council shall so decide, a recorder shall be appointed to serve from year to year, at a salary to be fixed by the council; and if so appointed, such recorder shall conduct the court. If no recorder be appointed, then the mayor shall conduct the court. If both mayor and recorder be absent or disqualified, then any councilman designated by the mayor may hold court. Said recorder or mayor shall have full power and authority to sentence any offender, upon conviction, to labor upon the streets or other public works in said city for a period not exceeding thirty days, or to impose a fine not exceeding one hundred dollars, or both. Either one or more of said penalties may be imposed in the

Page 2285

discretion of the presiding officer. The recorder or mayor 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 Macon County Superior Court and/or the City Court of Oglethorpe, for violation of the criminal laws of said state, or in default of such bond, to commit such offenders to jail for safe-keeping. Section 3.05. Other officers and employees . Be it further enacted, that the council by ordinance, after receiving the written recommendations of the mayor, may establish offices and positions of employment and may abolish, combine or modify them by ordinance in accordance with such recommendations. Public utilities owned or operated by the city may be under the supervision of the mayor and employees appointed by him or may be under boards or commissions appointed by and answerable to the council, as provided by ordinance. Section 3.06. Oath of office . Be it further enacted, that before a person takes any office in the city government, he shall take before an officer of this State, authorized to administer oaths, the following oath or affirmation: I solemnly swear (or affirm) that I will support the Constitution of the United States and of the State of Georgia, that I will in all respects, observe the provisions of the charter and ordinances of the City of Montezuma, and that I will faithfully discharge the duties of the office of. So help me God. Section 3.07. Political activity prohibited . Be it further enacted, that no officer or employee of the city, other than the mayor and councilmen, shall continue in the employment of the city after becoming a candidate for nomination or election to any city or other public office. Article IV. Fiscal Administration. Section 4.01. Fiscal year . Be it further enacted, that the fiscal year of the city government shall begin on the first day of January and shall end on the thirty-first day of December of each year,

Page 2286

but a different fiscal year may be fixed by ordinance for the entire city government or for any utility. Section 4.02. Mayor to submit annual budget . Be it further enacted, that on or before a date fixed by the council, but not later than forty-five days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed budget for the next fiscal year, showing separately for the general fund, each utility, and each other fund the following: (a) a revenue and expenditure during the preceding fiscal year, (b) appropriations and estimated revenue and expenditures for the current fiscal year, (c) estimated revenue and recommended expenditures for the next fiscal year, (d) a comparative statement of the assets, liabilities, reserves, and surplus at the end of the preceding year and estimated assets, liabilities, reserves and surplus at the end of the current fiscal year, and (e) such other information and data, as may be considered necessary by the mayor or requested by the council. Section 4.03. Action by council on budget . Be it further enacted, that before the beginning of the ensuing fiscal year, the council shall adopt an appropriation ordinance, based on the mayor's budget, with such modifications as the council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department and agency. The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property or lives of the inhabitants of the city; providing the council unanimously agrees there is such an emergency. If conditions prevent the adoption of an appropriation ordinance, before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as provided by an ordinance specifically passed for such purpose. Section 4.04. Sale of city property . Be it further enacted, that the mayor and council may sell any city property which is obsolete, surplus or unusable, at public or private sale, with or without advertisement; and for such consideration

Page 2287

as to said mayor and council shall deem equitable and just to the city. Section 4.05. Annual audit . Be it further enacted, that the council shall employ a certified public accountant to make an annual audit of all financial books and records of the city. The accountant shall file his report with the council, at a time agreed to between him and the council, and shall prepare a summary of the report which shall be furnished or made available to the mayor and every councilman. Section 4.06. Property Taxes . Be it further enacted, that all property subject to taxation for state or county purposes, including the capital stock of merchants and public service companies, assessed as of January 1st in each year, shall be subject to a property tax levied by the city. The council by ordinance may elect to use the county assessment or may provide for an independent city evaluation and/or assessment as provided by Georgia law. If an independent city assessment is made, a board of equalization, consisting of three councilmen appointed by the mayor, or three freeholders of the city appointed by the mayor and council, with compensation fixed by ordinance, shall hear appeals of taxpayers taken within ten days after the city clerk has sent a notice, by ordinary mail, of a new or increased assessment; provided that such notice shall not be required, nor may appeals be taken, in the case of initial city assessments that are the same as county assessments. Except as otherwise provided in this section, appeals involving city property assessments may be taken as provided by general law. The board of equalization may increase or decrease the assessment of all property of the same class by a uniform percentage; in which case individual notices shall not be mailed but a notice of such action shall be published once in the official city newspaper; such a blanket increase or decrease shall not be subject to appeal. The authority and duties of such city assessing personnel shall be the same as those provided by general law for county assessing personnel. The city clerk shall meet with and assist the board of equalization. The board of equalization, upon completion of its work, shall submit a written report to the council, including total

Page 2288

increases and decreases made by it, and the final total assessment of each class of property. Section 4.07. Tax levy . Be it further enacted, that the council shall make a tax levy, expressed as a fixed rate per one hundred dollars ($100.00), of assessed valuation, and if no tax levy is made within ninety days prior to the tax due date, the property tax rate in effect the last fiscal year shall continue in effect as the tax rate for the new fiscal year. Section 4.08. Tax due date and tax bills . Be it further enacted, that the due date of property taxes shall be fixed by ordinance. The city shall send tax bills to taxpayers, showing the assessed valuations, amount of taxes due, tax due dates, and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become delinquent ten days after a due date; at which time a penalty of five per cent (5%) in addition to fi fa charges shall be added and thereafter such taxes shall be subject to interest at the rate of seven percent (7%) per annum, from the due date until paid. On and after the date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record. Section 4.09. Collection of delinquent taxes . Be it further enacted, that the council may provide by ordinance for the collection of delinquent taxes by distress warrants issued by the mayor for the sale of goods and chattels, which are to be executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from a justice of the peace, or by the city attorney acting in accordance with general laws providing for the collection of delinquent city and/or county taxes, or by any two or more of the fore-going methods, and by the use of any other available legal processes and remedies. A lien shall exist against all property on which city property taxes are levied, as of the assessment date of January 1st of each year, which shall be superior to all other liens except that it shall have equal dignity with those for Federal, state or county taxes.

Page 2289

Section 4.1. Special assessments . Be it further enacted, that the city may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi fa charges, to a penalty of five per cent (5%), and shall thereafter be subject to interest at the rate of seven percent (7%) per annum from due date until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this article for city property taxes. Article V. Miscellaneous. Section 5.01. Restrictions on actions for damages against city . Be it further enacted, that no action shall be maintained against the city for damages unless a written statement by the claimant or by his agent, attorney or representative, setting forth the basis for his claim, shall have been filed with the mayor within sixty days after such cause of action shall have occurred; except that when the claimant is an infant or non compos mentis , or when an injured person dies within sixty days, the time limit for filing a claim shall be one hundred and twenty days. No officer or employee of the city may waive this requirement. Section 5.02. General laws may be used . Be it further enacted, that the council, in its discretion, may elect to use the provisions of any general laws of the state in addition to, or instead of, the provisions of this Act. Section 5.03. Penalties . Be it further enacted, that the violation of any provision of this Act, for which a penalty is not specifically provided herein, is hereby declared to be a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment not to exceed thirty days, or by both such fine and imprisonment.

Page 2290

Section 5.04. Severability . Be it further enacted, that if any article, section, sub-section, paragraph, sentence, or part thereof, of this Act shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Act, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Act that each article, section, sub-section, paragraph, sentence, or part thereof, be enacted separately and independently of each other. Section 5.05. Effective date . Be it further enacted, that this Act shall be effective on and after the first day of April, 1963. Georgia, Macon County: Before me, a Notary Public, personally appeared J. C. Cox, who, on oath, states that he is the editor and publisher of the Citizen and Georgian Newspaper, Montezuma, Georgia, a newspaper having general circulation in said county, and that the printed notice attached hereto and included herein has been published in the said newspaper for the issues of December 27, 1962, January 3, and January 10, 1963. The following is a printed copy of the published notice. Georgia, Macon County: Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the session of the General Assembly of Georgia convening in January, 1963, a bill to change and modify the charter of the City of Montezuma, by providing and establishing a new charter for said City of Montezuma, and by changing and relocating the corporate limits of said City, and repealing the Act (Ga. L. 1929, p. 1199-1210), as amended, which provided for the present charter.

Page 2291

This 21st day of December, 1962. J. Paul Sinclair State Representative Macon County, Georgia This 11th day of January, 1963. /s/ J. C. Cox Sworn to and subscribed before me this 11th day of January, 1963. /s/ W. F. Blanks Notary Public, State of Georgia. Commission expires 12 November, 1966. (Seal). Approved March 20, 1963. CITY OF ATLANTASALE OF PERSONAL PROPERTY REMOVED FROM STREETS AND SIDEWALKS. No. 90 (House Bill No. 25). 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

Page 2292

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 City of Atlanta shall have power to contract with any person, firm or corporation to store, repair and sell any personal property, other than motor vehicles, removed from the sidewalks and streets in the City of Atlanta; to provide for the sales of said property and for disbursement of the funds derived therefrom by such person, firm or corporation; to provide that the City of Atlanta will defend and hold harmless such person, firm or corporation where such person, firm or corporation acts as agent for the City of Atlanta for the aforesaid purposes and that the City of Atlanta shall pay any judgment that may be rendered against said person, firm or corporation in the performance of its duties for the City of Atlanta as aforesaid. 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:

Page 2293

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 1963 session of the General Assembly of Georgia, which convenes on Monday, January 14, 1963, 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, 1962. J. C. Savage, City Attorney City of Atlanta This 16 day of January, 1963. /s/ Ralph McClelland Sworn to and subscribed before me this the 16 day of January, 1963. /s/ Fanny Lee Garrett Notary Public, Georgia, State at Large. My commission expires Sept. 24, 1965. (Seal). Approved March 20, 1963. CITY OF ATLANTAWATER MAINS AND PIPES TO CITY OF EAST POINT. No. 91 (House Bill No. 26). 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

Page 2294

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 donate gratuitously to the City of East Point all of the six inch (6[UNK]) water mains and the two inch (2[UNK]) water pipes, now the property of the City of Atlanta, which are located in the City of East Point in 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 3. The mayor and board of aldermen of the City of Atlanta are authorized to assign or transfer to the City of East Point any outstanding contracts involving potential assets or liabilities of the within described water mains or

Page 2295

water pipes and to execute any contracts to facilitate the foregoing grant, assignments, or transfers. 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. 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 1963 session of the General Assembly of Georgia, which convenes on Monday, January 14, 1963, 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, 1962. J. C. Savage, City Attorney City of Atlanta This 16 day of January, 1963. /s/ Ralph McClelland

Page 2296

Sworn to and subscribed before me this the 16th day of January, 1963. /s/ Fanny Lee Garrett Notary Public, Georgia, State at Large. My commission expires Sept. 24, 1965. (Seal). Approved March 20, 1963. CITY OF ATLANTABUSINESS LICENSES. No. 92 (House Bill No. 36). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act entitled an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended as follows: Section 1. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 2. The present provision of the charter of the City of Atlanta codified as section 25.91 of the Atlanta Code of 1953 is amended by striking the last clause of said section reading as follows: provided, however, that, other than as to licenses to sell beer, wine or intoxicating liquors, the business or occupation license fees shall not exceed one thousand

Page 2297

dollars per annum, so that as amended, section 25.91 of the 1953 City Code of Atlanta shall read as follows: The mayor and board of aldermen shall have full power and authority to require any person, firm, corporation or company engaged in, prosecuting or carrying on, or who may engage in, prosecute or carry on any trade, business, calling, avocation or profession, to register their names and business, calling, avocation or profession annually, and to require such person, company or association to pay for such registration and for license to engage in, prosecute or carry on such business, calling or profession aforesaid, such fee, charge or tax, as said mayor and board of aldermen may deem expedient for the safety, benefit, convenience and advantage of said city. Said tax, registration fee or license herein provided for shall be imposed in the discretion of the mayor and board of aldermen. Business licenses. Section 3. The provisions of the charter relating to tax on brokerage business codified as section 25.99 of the City Code of Atlanta of 1953 reading as follows: The mayor and board of aldermen shall have full power and authority to assess a tax on persons carrying on the brokerage business in said city of not more than three hundred dollars per annum, said tax to be in addition to all other taxes they may be required to pay., Repealed. is hereby repealed. Section 4. The provisions of the charter relating to the licensing of theatrical companies, shows and exhibitions, codified as section 25.101 of the 1953 Code of Atlanta reading as follows: The mayor and board of aldermen shall have power to pass such ordinances as they may think proper in regard to granting licenses to theatrical companies or performances, or for shows, or for other exhibitions; provided, that the price to be paid for such license when granted shall not exceed five hundred dollars for each performance or exhibition., Repealed. is hereby repealed.

Page 2298

Section 5. The provisions of the charter relating to the licensing of billiard tables and ten-pin alleys, codified as part of section 25.102 of the 1953 Code of Atlanta reading as follows: The mayor and board of aldermen shall have full power and authority to license billiard tables and ten-pin alleys, and all billiard tables kept or used for the purpose of playing, gaming or renting, all ten-pin alleys, nine-pin alleys or alleys of any kind, which are kept or used for the purpose of playing on with pins or balls, or either, for the purpose of renting the same, and charge for said license a sum not exceeding fifty dollars on each table, alley or track., Repealed. is hereby repealed. Section 6. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Ralph McClelland, author of the attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspaper in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1963 session of the General Assembly of Georgia, which convenes on Monday, January 14, 1963, 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.

Page 2299

This 20th day of December, 1962. J. C. Savage, City Attorney City of Atlanta This 16 day of January, 1963. /s/ Ralph McClelland Sworn to and subscribed before me this the 16th day of January, 1963. /s/ Fanny Lee Garrett Notary Public, Georgia, State at Large. My commission expires Sept. 24, 1965. (Seal). Approved March 20, 1963. CITY COURT OF MILLER COUNTYJUDGE'S SALARY. No. 94 (House Bill No. 74). An Act to amend an Act establishing a city court in and for the County of Miller, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, so as to increase the salary for the city judge; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a city court in and for the county of Miller, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, is hereby amended by striking from section 34 the words six hundred and figure ($600.00) and inserting in lieu thereof the words twelve hundred and figure ($1200.00) so that when so amended, section 34 shall read as follows:

Page 2300

Section 34. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that there shall be a judge of said court, who shall be elected by the qualified voters of Miller County, Georgia, at the same time and under the same rules and regulations as other county officers are now elected, provided, however, that C. C. Bush is hereby named and appointed as judge of said court to serve until midnight, December 31, 1936. The judge of said city court shall be elected at the next election held in and for Miller County, Georgia, for the election of other county officers and the judge of said city court shall receive a salary of twelve hundred ($1200.00) dollars per annum, which salary shall not be diminished during his term of office. The judge of said city court shall hold his office for the term of four years, beginning on January 1, 1937, except the judge herein appointed as judge of said court who shall hold office for such time as herein specified. The salary of said judge shall be paid monthly by the treasurer of Miller County and it shall be the duty of the ordinary of said county or other proper authority controlling county matters to make provision annually for levying the taxes for this purpose. Said judge shall receive no other compensation for his services, but may practice law in any of the courts of this State except the City Courts of Miller County. Section 2. This Act shall become effective immediately upon its approval by the Governor, or upon its otherwise becoming law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Georgia, Miller County: Notice is hereby given that a special bill will be introduced in the General Assembly of Georgia, at the next January-February session 1963, to amend the Act creating the City Court of Miller County, Georgia, and all Acts amendatory thereto, for the purpose of increasing the salary of

Page 2301

the Judge of the City Court of Miller County, Georgia, and providing for the manner of payment thereof. This 11 day of December, 1962. Buck Tabb Representative of Miller County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buck Tabb, who, on oath, deposes and says that he is Representative from Miller County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Miller County Liberal, which is the official organ of said county, on the following dates: December 13, 20, 27, 1962. /s/ Buck Tabb Representative, Miller County Sworn to and subscribed before me this 21st day of January, 1963. /s/ Kathryn Rule Notary Public. (Seal). Approved March 20, 1963. WAYNE COUNTYACT CREATING BOARD OF COMMISSIONERS OF ROADS AND REVENUES AMENDED. No. 95 (House Bill No. 89). An Act to amend an Act entitled 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

Page 2302

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., approved March 6, 1962 (Ga. L. 1962, p. 3110), so as to provide that the clerk of the board of commissioners of roads and revenues of Wayne County, Georgia, and all other employees and department heads shall be appointed by the county administrator; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend, 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,

Page 2303

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., approved March 6, 1962 (Ga. L. 1962, p. 3110), is hereby amended by striking section 15 thereof in its entirety and substituting in lieu thereof a new section 15 to read as follows: Section 15. There is hereby created the office of clerk of the commissioners of roads and revenues of Wayne County, Georgia, who shall be appointed by the county administrator. The county administrator shall have the authority to fix the salary of the clerk and to remove the clerk 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 or her continuance in office nor within twelve (12) months after the expiration of the term, nor within twelve (12) months after resignation or removal from the office of commissioner. No member of the immediate family of the county administrator or of members of the board shall be eligible to serve as clerk. The county administrator shall have the authority to appoint an assistant clerk should be the same be deemed necessary. Clerk. Section 2. Said Act is further amended by striking section 16 thereof in its entirety and substituting in lieu thereof a new section 16 to read as follows: Section 16. 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

Page 2304

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 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 such office may be performed by the assistant clerk appointed by the county administrator. Same. Section 3. Said Act is further amended by striking sections 20 and 21 thereof in their entirety and substituting in lieu thereof a new section to be known as section 20 and to read as follows: Section 20. It shall be the duty of the county administrator to appoint and remove all county department heads and employees, including a superintendent of roads and chief of county police, should a county police force be authorized, and to define the duties and fix the salaries of such county employees. County administrator. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the 1963 session of the General Assembly of Georgia, which convenes on January 14, 1963, a bill to amend the Act creating a board of commissioners of roads and revenues for Wayne County, Georgia, approved March 6, 1962, so as to name and designate the membership of the board of commissioners of roads and revenues for Worth County; to provide that the clerk of the board of commissioners and all county employees and department heads shall be appointed

Page 2305

by the general administrator; and for other purposes. This 26th day of December, 1962. James E. Warren Representative, Wayne County, Georgia Wm. A. Zorn Senator, Sixth Senatorial District Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James E. Warren, who, on oath, deposes and says that he is Representative from Wayne County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jesup Sentinel, which is the official organ of said county, on the following dates: December 27, 1962 January 2 and January 10, 1963. /s/ James E. Warren Representative, Wayne County Sworn to and subscribed before me this 22 day of January, 1963. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 6, 1964. (Seal). Approved March 20, 1963.

Page 2306

MORGAN COUNTYCORONER PLACED ON SALARY BASIS. No. 98 (House Bill No. 98). An Act to change the compensation of the coroner of Morgan County from a fee to salary system; to provide the salary for said coroner; to make provisions regulating the carrying out of certain changes; to provide for the disposition of fees and costs; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the coroner of Morgan County, which is now based on a fee system, is hereby abolished and said coroner shall be paid the compensation hereafter provided. 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 said coroner, shall be received and diligently collected by said coroner for the sole use of Morgan County and shall be held as public moneys belonging to Morgan County and accounted for and paid to the Morgan County board of commissioners on the first Tuesday in each month, at which time a detailed, itemized statement shall be made by the coroner, under oath, showing such collections and the sources from which collected, and the clerk of the board of commissioners of Morgan County shall keep a separate account showing such collections and the sources from which they are paid. The board of commissioners of Morgan County shall annually cause an audit to be made of the office of the coroner of said county. Such audit shall be made by a person or persons to be selected by said board and compensated by said board. Fees. Section 2. The coroner of Morgan County shall be compensated in the sum of four hundred twenty dollars ($420.00) per annum, to be paid in equal monthly installments from the funds of Morgan County. Salary.

Page 2307

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1963 session of the General Assembly of Georgia, a bill to change the compensation of the coroner of Morgan County from a fee to salary system; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. This 22nd day of December, 1962. E. Roy Lambert, Representative, Morgan County. Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert, who, on oath, deposes and says that he is Representative from Morgan County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Madisonian, which is the official organ of said county, on the following dates: Dec. 27, 1962Jan. 3, 1963Jan. 10, 1963. /s/ E. Roy Lambert Representative, Morgan County. Sworn to and subscribed before me this 22 day of Jan., 1963. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission, expires Oct. 6, 1964. (Seal). Approved March 20, 1963.

Page 2308

CITY OF MADISONCOMPENSATION OF MAYOR AND ALDERMEN. No. 99 (House Bill No. 99). An Act to amend an Act creating a new charter for the City of Madison, approved October 6, 1891, (Ga. L. 1890-91, Vol. II, p. 827), as amended, particularly by an Act approved March 13, 1957, (Ga. L. 1957, p. 3165), so as to change the compensation of the mayor and aldermen of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Madison, approved October 6, 1891, (Ga. L. 1890-91, Vol. II, p. 827), as amended, particularly by an Act approved March 13, 1957, (Ga. L. 1957, p. 3165), is hereby amended by striking from section 15 the figures 600.00 and 250.00, and inserting in lieu thereof the figures 1,200.00 and $500.00 respectively, so that when so amended, section 15 shall read as follows: Section 15. The mayor shall be compensated in the amount of $1,200.00 per annum, to be paid in equal monthly installments. Each alderman shall be compensated in the amount of $500.00 per annum, to be paid in equal monthly installments. 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 1963 session of the General Assembly of Georgia, a bill to change the compensation of the mayor and councilmen of the City of Madison, Ga., and for other purposes. This 22nd day of December, 1962. E. Roy Lambert, Representative, Morgan County

Page 2309

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Roy Lambert, who, on oath, deposes and says that he is Representative from Morgan County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Madisonian, which is the official organ of said county, on the following dates: December 27, 1962 through Jan. 3, 1963Jan. 10, 1963. /s/ E. Roy Lambert, Representative, Morgan County Sworn to and subscribed before me this 22 day of Jan., 1963. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission expires Oct. 6, 1964. (Seal). Approved March 20, 1963. CIVIL AND CRIMINAL COURT OF TROUP COUNTYSALARIES OF JUDGE AND SOLICITOR. No. 100 (House Bill No. 119). An Act to amend an Act creating the Civil and Criminal Court of Troup County, approved March 6, 1962 (Ga. L. 1962, p. 3020), so as to increase the compensation of the judge and the solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Civil and Criminal Court of Troup County, approved March 6, 1962 (Ga. L. 1962, p. 3020), is hereby amended by striking from the second paragraph of section 5 the symbol and figures $8,000.00,

Page 2310

and inserting in lieu thereof the symbol and figures $10,000.00, so that when so amended said paragraph shall read as follows: The salary of the Judge of the Civil and Criminal Court of Troup County shall be $10,000.00 per annum, which said salary shall be paid monthly from the Treasury of Troup County, Georgia, out of the general founds 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. Judge's salary. Section 2. Said Act is further amended by striking from the fourth paragraph of Section 6 the symbol and figures $4,800.00, and inserting in lieu thereof the symbol and figures $6,000.00, so that when so amended said paragraph shall read as follows: The salary of the said Civil and Criminal Court of Troup County shall be $6,000.00 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. Solicitor's salary. Section 3. The provisions of this Act shall become effective January 1, 1965. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Troup County. Before me personally appeared Glen D. Long 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.

Page 2311

Deponent further saith that the following notice attached hereto: Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January, 1963, session of the General Assembly of Georgia a bill to amend the Act creating the Civil and Criminal Court of Troup County, to provide for the salary of the Judge and Solicitor thereof, and for other purposes. Harry R. Spikes Representative for Troup County has been published in said LaGange Daily News, to-wit: Dec. 28, 1962; Jan. 4, 1963; Jan. 11, 1965, being 3 publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen D. Long, Publisher. Sworn and subscribed before me, this 12th day of Jan. 1963. /s/ Eleanor H. Orr, Notary Public, Troup County. (Seal). Approved March 20, 1963. CITY OF ATLANTACORPORATE LIMITS. No. 101 (House Bill No. 137). 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

Page 2312

that the Act set forth in the caption to this Act be and the same is hereby amended, as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspapers 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. That the corporate limits of the City of At-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 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 westerly side of Angelo Drive intersects the south line of lot 33, block B, unit 2, Club Forest subdivision, recorded in plat book 74, page 29, Clerk, Fulton County Superior Court; running thence westerly along the present limits of the City of Atlanta, and along the southerly lines of lots 33, 30, 29, 28, 27, 26 and 25 of said subdivision, one thousand sixty-four and three tenth (1064.3) feet to the southwest corner of lot 25; thence northeasterly five hundred and seventy-two (572) feet to a point; thence continuing northeasterly one hundred and forty-two and five tenth (142.5) feet to a point; thence easterly along the northern boundary of unit two, Club Forest subdivision, one thousand seventy-five and three tenths (1075.3) feet to the northeast corner of lot 13, block B, unit two, Club

Page 2313

Forest subdivision; thence continuing easterly three hundred forty-five (345) feet, more or less; two hundred and forty (240) feet, more or less, and one hundred (100) feet, more or less, to a point of intersection with the DeKalb County Line, as shown on provisional layout, Club Forest, prepared by Watts and Browning Engineers, scale 1[UNK] equals 100[UNK], Decmeber 15, 1961, revised February 6, 1962; thence south along the DeKalb County line five hundred and eighty-five (585) feet, more or less, to the southeast corner of lot 4, block B, provisional layout, Club Forest; thence westerly along the southern boundary of lots 4, 3, 2, and 1 of said layout and continuing along the existing limits of the City of Atlanta eleven hundred and thirty (1130) feet, more or less, 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 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 whicsh 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.

Page 2314

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 1963 session of the General Assembly of Georgia, which convenes on Monday, January 14, 1963, 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, 1963. J. C. Savage, City Attorney City of Atlanta This 17 day of January, 1963. /s/ Ralph McClelland Sworn to and subscribed before me, this 7th day of January, 1963. /s/ Fanny Lee Garrett Notary Public, Ga. State at Large. My Commission expires Sept. 24, 1965. (Seal). Approved March 20, 1963.

Page 2315

HART COUNTYCOMPENSATION OF TAX COMMISSIONER, ETC. No. 102 (House Bill No. 159). An Act to amend an Act creating the office of tax commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 687), as amended by an Act approved December 29, 1937 (Ga. L. 1937-38 Ex. Sess., p. 843), an Act approved February 17, 1949 (Ga. L. 1949, p. 900), an Act approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2184), and an Act approved March 9, 1959 (Ga. L. 1959, p. 2579), so as to increase the compensation of the assistant appointed by the tax commissioner; to remove the provision requiring the tax commissioner to pay the compensation of clerical assistance employed to assist him in the performance of the duties of his office; to provide that the tax commissioner shall be authorized and empowered to employ clerical assistance to be compensated from county funds; to limit the amount of funds that may be paid by the county for such clerical assistance; to provide that the tax commissioner shall compensate certain employees from his salary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 687), as amended by an Act approved December 29, 1937 (Ga. L. 1937-38 Ex. Sess., p. 843), an Act approved February 17, 1949 (Ga. L. 1949, p. 900), an Act approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2184), and an Act approved March 9, 1953 (Ga. L. 1959, p. 2579), is hereby amended by striking Section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. Be it further enacted by the authority aforesaid that the board of finance of Hart County, Georgia, shall pay to the tax commissioner of said county, as full compensation for all duties performed by him as receiver and collector of State, county, school district, and any and all other taxes, including professional, poll, and special taxes,

Page 2316

as well as costs for issuing tax fi. fas., a fixed salary of $4,800.00 per annum to be paid in monthly installments of $400.00 each. The tax commissioner is hereby authorized and empowered to appoint one assistant, who shall be compensated in the amount of two hundred fifty ($250.00) dollars per month from the funds of Hart County. Said assistant shall assist the tax commissioner in the performance of his duties and shall serve at the pleasure of the tax commissioner. The tax commissioner is further authorized and empowered to employ clerical assistance to be compensated from the funds of Hart County as hereinafter set forth. Any such person employed to perform and render clerical assistance shall be compensated in an amount no greater than that paid the assistance appointed by the tax commissioner for an equal time of employment and the total sum allowed to be paid from the funds of Hart County for such clerical assistance shall not exceed one thousand ($1,000) dollars per annum. Except as herein provided, all other persons employed by the tax commissioner to assist him in the performance of the duties of his office shall be compensated by the tax commissioner out of the salary herein provided for such tax commissioner. Salary, clerical help. 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 1963 session of the General Assembly of Georgia a bill providing for the compensation paid to the assistant to the tax commissioner of Hart County, Georgia, and an allowance for clerical assistance, and for other purposes. This the 27 day of December, 1962. M. Parks Brown Representative, Hart County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, M. Parks Brown, who,

Page 2317

on oath, deposes and says that he is Representative from Hart County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Hartwell Sun, which is the official organ of said county, on the following dates: Dec. 27, 1962Jan. 10 17, 1963. /s/ M. Parks Brown Representative, Hart County Sworn to and subscribed before me, this 29th day of January, 1963. /s/ Frank E. Blankenship, Notary Public, Georgia State at Large. My Commission expires July 15, 1966. (Seal). Approved March 20, 1963. MUNICIPAL COURT OF SAVANNAHCIVIL JURISDICTION. No. 103 (House Bill No. 170). An Act to amend the original Act creating the Municipal Court of Savannah in the City of Savannah, approved August 13, 1915, (Ga. L. of 1915, p. 124), and all Acts amendatory thereto, including, but not limited to, the amendatory Act approved August 20, 1927, (Ga. L. 1927, p. 455), and all amendatory Acts subsequent thereto, so as to increase the civil jurisdiction of said court; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. That from and after passage of this Act, section 2 of the amendatory Act approved August 20, 1927, (Ga. L. 1927, p. 455), be amended by striking from the tenth line thereof the words three hundred dollars, and

Page 2318

by inserting in lieu thereof the words one thousand dollars, exclusive of interest, attorney's fees or penalty, so that said section, when so amended by the provisions of this Act, shall read as follows: Section 2. Be it further enacted, that the said Municipal Court of Savannah, in addition to the usual jurisdiction of justices' courts of this State, shall have jurisdiction within the corporate limits of the City of Savannah and also without such limits in Chatham County, concurrent with the superior court, to try and dispose of all civil cases or proceedings of whatever nature, ex contractu or ex delicto, under the common law or by statute, in which the principal sum sworn to or claimed to be due, or the value of the property in dispute, does not exceed one thousand dollars, exclusive of interest, attorney's fees or penalty, and of which jurisdiction is not vested by the constitution and laws of the State of Georgia exclusively in other courts. The criminal jurisdiction of said municipal court shall not exceed the jurisdiction now vested by law in the justices' courts of this State. Section 2. Be it further enacted, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 3. There is attached hereto and made a part hereof an affidavit and notice of intention to apply for local legislation a copy of which is attached to said affidavit. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Lloyd G. Eder, who on oath deposes and says that he is vice president and general manager 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 he is authorized to execute instruments and make affidavits on behalf of said corporation and

Page 2319

to do all such acts for said corporation, that the following advertisement to wit: Notice of Intention to Introduce Legal Legislation. Notice is hereby given that at the ensuing January, 1963, session of the General Assembly of Georgia there will be introduced for passage a bill to amend the original Act creating the Municipal Court of Savannah in the City of Savannah, approved August 13, 1915, and all Acts amendatory thereto, so as to increase the civil jurisdiction of said court. This 2nd day of January, 1961. Edward M. Hester President of Savannah Bar Association has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of January 3, January 10, January 17. /s/ Lloyd G. Eder Sworn to and subscribed before me, this 23 day of January, 1963. /s/ Robbie Jo Miller Notary Public, Chatham County, Ga. My Commission expires Mar. 24, 1964. (Seal). Approved March 20, 1963. CITY COURT OF SAVANNAHMOTIONS FOR NEW TRIAL. No. 104 (House Bill No. 171). An Act to amend and revise the several acts relating to the City Court of Savannah and the Acts amendatory thereto by amending paragraph A of section 1 of the Act of the General Assembly of the State of Georgia

Page 2320

approved August 7, 1920 and incorporated in the Georgia Laws 1920, pages 387-388; by authorizing and empowering the Judge of the City Court of Savannah to extend the time for hearing and determining motions for a new trial beyond a period of sixty days from the time of the filing of the motion, repealing all laws in conflict herewith, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act that paragraph A of section 1 of that certain amendatory Act relating to the City Court of Savannah approved August 7, 1920 and incorporated in the Acts of the General Assembly of the State of Georgia, Georgia Laws 1920, pages 387-388, be and the same is hereby amended by adding to paragraph A of section 1, the following language: provided, however, that on petition by the movant showing cause for extension of time, the Judge of the City Court of Savannah is vested with the discretionary power and authority to order an extension of time to hear and determine motions for a new trial to a definite time over and beyond the sixty day period hereinbefore provided but extension shall not be for a period of time greater than one hundred twenty days from the date of the filing of the original motion for new trial. So that said paragraph A of section 1, as amended, shall read as follows: Section 1, Paragraph (a) Motions for new trials shall be filed during the term at which the verdict is rendered and within ten days from the date of the verdict and not later. The motion may be amended at or at any time before the hearing. The Judge shall so order the proceedings that the motions shall be heard and determined within sixty days from the date of the filing of the motion. The Judge deciding the motion shall make a specific ruling as to each ground of the motion. Provided, however, that on petition by the movant showing cause for extension of time, the Judge of the City Court of Savannah is vested with the discretionary power and authority to order an extension of time to hear and determine motions for new trial to a

Page 2321

definite time over and beyond the sixty day period hereinbefore provided but such extension shall not be for a period of time greater than one hundred twenty days from the date of the filing of the original motion for new trial. Section 2. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Lloyd G. Eder, who on oath deposes and says that he is vice president and general manager 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, of public gazette published daily in the City of Savannah, of general circulation, and official organ of Chatham County, Georgia, that he is authorized to execute instruments and make affidavits on behalf of said publisher corporation, and to do all such acts for said corporation, that the following advertisement to wit: Notice of Intention to Apply For Local Legislation. Notice is hereby given, by Willis J. Richardson, Jr., a member from Chatham County of the General Assembly of Georgia, of his intention to apply for local legislation at the next regular session of the General Assembly of Georgia at the 1963 Session, as follows: A Bill entitled an Act to amend and revise the several Acts relating to the City Court of Savannah and the Acts amendatory thereto by amending paragraph A of section 1 of the Act of the General Assembly of the State of Georgia approved August 7, 1920 and incorporated in the Georgia Laws 1920, pages 387-388; by authorizing and empowering the Judge of the City Court of Savannah to extend the time for hearing and determining motions for a new trial beyond a period of sixty days from the time of the filing

Page 2322

of the motion, repealing all laws in conflict herewith, and for other purposes. Willis J. Richardson, Jr., A representative of the General Assembly of Georgia from Chatham County has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of January 7, January 14, January 21. /s/ Lloyd G. Eder Sworn to and subscribed before me this 30 day of January, 1963. /s/ Robbie Jo Miller Notary Public, Chatham County, Ga. My Commission expires Mar. 24, 1964. (Seal). Approved March 20, 1963. SCREVEN COUNTY INDUSTRIAL DEVELOPMENT ACT. No. 105 (House Bill No. 172). An Act to create a Screven County Industrial Development Authority; to provide for the membership of said authority; and for the appointment of members thereof, and their terms, compensation, and qualifications; to define the powers and duties of said authority, including the power to issue revenue anticipation certificates under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761), as amended; to declare that the creation of said authority is for a public purpose, and that the property of said authority, the bonds issued by said authority, and the income from such bonds shall be exempt from taxation; to authorize the dissolution or

Page 2323

alteration of said authority; to provide a short title for this Act; to define the terms used in this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as the Screven County Industrial Development Act. Short title. Section 2. Definition: As used in this Act, the following terms shall have the following meanings: (1) Authority shall mean the Screven County Industrial Development Authority created hereby. Definitions. (2) Project shall mean an industrial building which shall include such lands, fixtures, machineries, and accessories as will create a plant for the particular purpose of manufacturing or processing. (3) Bonds, Revenue Bonds, or Revenue Anticipation Certificates shall mean obligations issued under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761), as amended. Section 3. There is hereby created the Screven County Industrial Development Authority which shall be a body corporate and politic, and is hereby declared to be a public corporation created for the development of the industries of Screven County, and for the improving of the general welfare of the people of Screven County. The authority shall consist of seven members appointed by the board of commissioners of roads and revenues of Screven County, Georgia, for terms as follows: two members shall be appointed for a term of one year; two members shall be appointed for a term of two years; two members shall be appointed for a term of three years; and one member shall be appointed for a term of four years; and thereafter upon the expiration of such terms, successors shall be appointed for a term of four years. The members of the authority shall serve without compensation, but shall be reimbursed for actual expenses incurred in carrying out their duties for the Screven County Industrial Development Authority.

Page 2324

All members of the Authority shall be residents of Screven County, Georgia. Created. Section 4. The Authority shall have the following powers and duties: (1) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity. Powers. (2) To have a seal and alter the same at pleasure. (3) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes. (4) To acquire in its own name by purchase on such terms and conditions, and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under the authority of this Act except from funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money to be deposited in trust to pay and redeem the fair value of such lien or incumbrance. (5) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents, and attorneys, and fix their compensation.

Page 2325

(6) To make contracts and leases, and to execute all instruments necessary or convenient, including contracts for construction of a project and leases of a project or contracts with respect to the use of a project which it causes to be erected or acquired. (7) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, equip and sell any project, to be located on property owned by or leased by the authority, the cost of such project to be paid in whole or part from the proceeds of the revenue bonds of the authority. (8) To exercise all the powers, rights and privileges of and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761), with reference to the issuance of revenue anticipation certificates insofar as such pertain to the corporate purposes of the authority. (9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds or property pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To use the rents, profits and proceeds from the projects erected, leased or sold, to provide maintenance for such projects, and to discharge the principal and interest of revenue bonds issued by the authority. (11) To do all things within its powers to encourage the industrial development of Screven County, and to encourage the location of new industries in said county. (12) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State. (13) To do all things necessary and convenient to carry out the powers expressly given in this Act. Section 5. It is hereby found, determined and declared that the creation of the authority, and the carrying out of

Page 2326

its corporate purpose is in all respects for the benefit of the people of Screven County, as well as for the benefit of the people of this State, and is a public purpose, and the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this Act, and that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals, other charges for the use of such buildings, proceeds from the sale of such project, or any other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. Intent. Section 6. The authority may be abolished, or its powers may be limited, extended, or altered at any time by appropriate action by the General Assembly, provided that no such change in the authority or its powers shall abridge the rights of the bond-holders of the authority to enforce their rights under such bonds in any property which may have belonged to the authority. Bonds. Section 7. All laws or parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1963, session of the General Assembly of Georgia, a bill to implement the Constitutional Amendment passed in 1962, creating the Screven County Development Authority; to accomplish the setting up of the development board; and to provide for the board's functions, duties and powers; term of office for said board members; and for other purposes. This 18 day of January, 1963. H. Walstein Parker, Representative, Screven County.

Page 2327

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walstein Parker, who, on oath, deposes and says that he is Representative from Screven County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Screven County News, which is the official organ of said County, on the following dates: Jan. 24, 31st and Feb. 7, 1963. /s/ Walstein Parker Representative, Screven County Sworn to and subscribed before me, this 11th day of February, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved March 20, 1963. RABUN COUNTYCLERICAL HELP FOR TAX COMMISSIONER. No. 106 (House Bill No. 181). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Rabun County into the office of tax commissioner of Rabun County, approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2308), as amended, so as to provide that upon recommendation of any regularly convened grand jury of Rabun County either by regular presentment or by special presentment, the tax commissioner of Rabun County shall be authorized and empowered to employ a full time clerk to aid him in the performance of the duties of his office; to authorize compensation to be paid to said clerk from the funds of Rabun County; to provide procedures connected

Page 2328

therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of Rabun County into the office of tax commissioner of Rabun County, approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2308), as amended, is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The tax commissioner shall receive as compensation the sum of forty-eight hundred ($4,800.00) dollars per annum, payable monthly from the funds of Rabun County. 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 twelve hundred ($1,200.00) dollars to be furnished each year by the County of Rabun to said commissioner for the exclusive purpose of paying said clerical help. Upon recommendation of any regularly convened grand jury of Rabun County either by regular presentment or by special presentment, the tax commissioner of Rabun County shall be authorized and empowered to employ a full time clerk to aid him in the performance of the duties of his office. The tax commissioner shall be authorized and empowered to compensate said clerk in the sum of twenty-four hundred ($2,400.00) dollars per annum to be paid in semi-monthly or monthly installments at the discretion of the tax commissioner, said compensation to be paid from the funds of Rabun County. In the event any regularly convened grand jury of Rabun County either by regular presentment or by special presentment recommends that the tax commissioner of Rabun County employ a full time clerk to aid him in the performance of the duties of his office and the tax commissioner employs such clerk, the tax commissioner shall not thereafter be authorized to employ clerical personnel to aid him in the performance of the duties of his office as in his discretion he may deem necessary and

Page 2329

proper, nor to pay said clerical personnel as is provided in this section. All fees, costs and commissions now or hereafter allowed by law to the tax receiver and tax collector for receiving and collecting taxes for the State and political subdivisions thereof shall be collected by the said tax commissioner, and all such funds so collected shall be paid into the general funds of Rabun County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Pursuant to a request of the Rabun County grand jury convening August, 1962, notice is given that a local bill will be introduced in the General Assembly of Georgia convening January 14, 1963, applying to Rabun County, to provide a full-time clerk for the tax commissioner of said county and fix a maximum salary therefor and to provide an effective date, and to provide implementation thereof upon approval of the grand jury. This the 3rd day of January, 1963. Knox Bynum State Representative from Rabun County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Knox Bynum, who, on oath, deposes and says that he is Representative from Rabun County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Clayton Tribune, which is the official organ of said county, on the following dates: January 10, 17, and 24, 1963. /s/ Knox Bynum Representative, Rabun County

Page 2330

Sworn to and subscribed before me, this 14th day of February, 1963. /s/ Kathryn Rule Notary Public. My Commission expires Jan. 30, 1965. (Seal). Approved March 20, 1963. CITY OF UNION POINTCLERK AND TREASURER MAY BE EX OFFICIO MEMBERS OF CITY COUNCIL. No. 107 (House Bill No. 182). An Act to amend an Act entitled An Act to incorporate the City of Union Point in the County of Greene; to provide for the election of a mayor and councilmen; to prescribe their duties and to provide for all matters of municipal concern, and to establish therein public schools, and for other purposes., approved August 15, 1904 (Ga. L. 1904, p. 678), and the several amendatory Acts thereof, including particularly the amendatory Act approved July 22, 1910 (Ga. L. 1910, p. 1221) and amendatory Act approved August 19, 1911 (Ga. L. 1911, p. 1609), so as to provide that the clerk of council of said city and the city treasurer of said city, may but shall not be required to be members of the council of said city; to provide for the repeal of conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the City of Union Point in the County of Greene; to provide for the election of a mayor and councilmen; to prescribe their duties and to provide for all matters of municipal concern, and to establish therein public schools, and for other purposes., approved August 15, 1904 (Ga. L. 1904, p. 678), and the several amendatory Acts thereof, including particularly the amendatory Act approved July 22, 1910 (Ga. L. 1910, p. 1221) and amendatory Act approved August 19,

Page 2331

1911 (Ga. L. 1911, p. 1609), is hereby amended by adding between sections 3 and 4 a new section to be numbered section 3A and to read as follows: Section 3A. The clerk of the city council and the city treasurer may be ex officio members of the city council if they so desire. If said officers elect to act as members of the city council, they shall have and exercise all the powers, privileges, duties and responsibilities of councilmen. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passage of Local Legislation. Notice is hereby given that the City of Union Point intends to apply for passage of local legislation at the 1963 session of the General Assembly of Georgia, to amend the charter of said City of Union Point so as to provide that the clerk of council of said city, and the city treasurer of said city, may, but shall not be required to be members of the council of said city, and for other purposes, the title to such bill to be as follows: An Act to amend an Act entitled `An Act to incorporate the City of Union Point in the County of Greene; to provide for the election of a mayor and councilmen; to prescribe their duties and to provide for all matters of municipal concern, and to establish therein public schools, and for other purposes approved August 15, 1904 (Ga. L. 1904, page 678), and the several amendatory Acts thereof, including particularly the amendatory Act approved July 22, 1910 (Ga. L. 1910, page 1221) and amendatory Act approved August 19, 1911 (Ga. L. 1911, p. 1609) so as to provide that the clerk of council of said city and the city treasurer of said city, may but shall not be required to be members of the council of said city; to provide for the repeal of conflicting laws; and for other purposes. This 1st day of January, 1963. City of Union Point, By W. H. Rhodes, Mayor.

Page 2332

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Allen P. Roper, who, on oath, deposes and says that he is Representative from Greene County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald-Journal, which is the official organ of said county, on the following dates: January 4, 11, and 18, 1963. /s/ Allen P. Roper, Representative, Greene County. Sworn to and subscribed before me, this 11th day of February, 1963. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved March 20, 1963. CITY OF WARM SPRINGSTAX RATE, REFERENDUM. No. 108 (House Bill No. 183). An Act to amend an Act incorporating the City of Warm Springs (formerly the town of Bullochville), approved December 20, 1893 (Ga. L. 1893, p. 192), as amended, particularly by an Act approved January 30, 1946 (Ga. L. 1946, p. 626), so as to change the amount of ad valorem tax that may be assessed, levied and collected by the mayor and council of the City of Warm Springs; 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 Warm Springs (formerly the town of Bullochville), approved December

Page 2333

20, 1893 (Ga. L. 1893, p. 192), as amended, particularly by an Act approved January 30, 1946 (Ga. L. 1946, p. 626), is hereby amended by striking the words one per cent in section 34 of the aforesaid amendatory Act approved January 30, 1946 (Ga. L. 1946, p. 626), and inserting in lieu thereof the words and figure two (2) per cent, so that when so amended section 34 of the aforesaid amendatory Act shall read as follows: Section 34. Property Tax, Rate . Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the city government and all expenses and liabilities of said city, the mayor and council of said city shall have full power and authority, and shall provide by ordinance, for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city, said tax not to exceed two (2) per cent upon the value of said property for ordinary current expenses, and said mayor and council of said city shall have full right, power and authority, and it shall be their duty to provide by ordinance, for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city, at such rate on the value of said property as is fixed by the mayor and council for general tax purposes and as is provided or permitted by the Constitution and laws of the State of Georgia, for the payment of all bonds issued by said city, or which may be issued by said city, and for all bonded debts now or hereafter incurred, with interest. And said mayor and council shall have the right and power to pass and enforce such ordinances and laws as may be necessary to carry out the purposes herein provided, or which may be essential thereto. Section 2. Not less than 30 days nor more than one year 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 Warm Springs to issue the call for an election for the purpose of submitting this Act to the voters of the City of Warm Springs for approval or rejection. The mayor and council shall set the date of such election for a day not less than 30 nor more than 60

Page 2334

days after the date of the issuance of the call. The mayor and council shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Meriwether County. The ballot shall have written or printed thereon the words: For approval of the Act incorporating the City of Warm Springs so as to change the amount of ad valorem tax that may be assessed, levied and collected by the Mayor and Council. Referendum. Against approval of the Act incorporating the City of Warm Springs so as to change the amount of ad valorem tax that may be assessed, levied and collected by the Mayor and Council. 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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Warm Springs. 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. Legal Notice Georgia, Meriwether County: Notice is hereby given for application of local legislation, amending the charter of the City of Warm Springs, Georgia, will be sought at the 1963 session of the General Assembly

Page 2335

of Georgia, in such manner as shall be within the power of the General Assembly of the State of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Render Hill, who, on oath, deposes and says that he is Representative from Meriwether County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator, which is the official organ of said county, on the following dates: January 10, 17, 24, and 31, 1963. /s/ Render Hill Representative, Meriwether County Sworn to and subscribed before me, this 18th day of February, 1963. /s/ Patricia Anne Bowen, Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved March 20, 1963. LOWNDES COUNTY BOARD OF EDUCATIONSALARIES. No. 109 (House Bill No. 187). An Act to fix the compensation of the members of the Board of Education of Lowndes County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The members of the board of education of Lowndes County shall receive for their services as such a salary of fifty ($50.00) dollars per month, payable from the funds available to said school board.

Page 2336

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Lowndes County. Personally appeared before me, a notary public, the undersigned, E. M. Turner, who on oath says that he is secretary and treasurer of the Valdosta Daily Times, a newspaper published in the City of Valdosta, being of general circulation and being the legal organ for the County of Lowndes, 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 for three weeks as required by law; said dates of publication being January 19, January 26, and February 2, 1963. /s/ E. M. Turner Secretary-Treasurer. Sworn to and subscribed before me, this the 5th day of February, 1963. /s/ Hazel Pollard Notary Public, Lowndes County, Ga. My Commission expires March 14, 1963. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1963 Session of the General Assembly of Georgia, a bill to fix the compensation of the members of the board of education of Lowndes County of fifty ($50.00) dollars per month; to repeal conflicting laws; and for other purposes. This 17 day of January, 1963. /s/ W. J. Gibbons, /s/ Fred H. Walker, Representative, Lowndes County. Approved March 20, 1963.

Page 2337

LOWNDES COUNTYPOSITIONS ON BOARD OF COMMISSIONERS OF ROADS AND REVENUES DESIGNATED. No. 110 (House Bill No. 188). An Act to amend an Act creating a board of commissioners of roads and revenues for Lowndes County, approved February 12, 1945 (Ga. L. 1945, p. 639), as amended, so as to designate positions on the board of commissioners of roads and revenues for Lowndes County by number; to provide that candidates seeking to fill vacancies on the board shall announce and run for a particular position by number; 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 Lowndes County, approved February 12, 1945 (Ga. L. 1945, p. 639), as amended, is hereby amended by adding between section 2 and 3 a new section to be known as section 2A and to read as follows: Section 2A. The three (3) positions on the board of commissioners of roads and revenues for Lowndes County shall be designated as positions one, two and three. Candidates offering for election to fill vacancies occurring on the board shall announce and run for a particular position by number. 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 1963 session of the General Assembly of Georgia, a bill to designate positions on the board of commissioners of roads and revenues for Lowndes County by number; to provide that candidates seeking to fill vacancies on the board shall announce and run for a particular position by number; and for other purposes.

Page 2338

This 17 day of January, 1963. /s/ W. J. Gibbons, /s/ Fred H. Walker, Representative, Lowndes County. Georgia, Lowndes County. Personally appeared before me, a notary public, the undersigned, E. M. Turner, who on oath says that he is secretary and treasurer of the Valdosta Times, a newspaper published in the City of Valdosta, being of general circulation and being the legal organ for the County of Lowndes, 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 for three weeks as required by law; said dates of publication being January 19, January 26, and February 2, 1963. /s/ E. M. Turner Secretary-Treasurer Sworn to and subscribed before me, this the 5th day of February, 1963. /s/ Hazel Pollard Notary Public, Lowndes County, Ga. My Commission expires March 14, 1963. (Seal). Approved March 20, 1963. CITY OF COLLEGE PARKCITY COURT. No. 111 (House Bill No. 195) An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895 (Ga. L. 1895, p. 254 et seq.) and the several Acts amendatory thereof, and for other purposes.

Page 2339

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 set forth in the caption to this Act be and the same is hereby further amended as follows: Section 1. The word Recorder wherever it appears in the Act approved December 16, 1895 (Ga. L. 1895, p. 254 et seq.), establishing a new charter for the City of College Park, and in all Acts amendatory thereof, is hereby stricken, and the word Judge is substituted in lieu thereof so that, after passage and approval of this Act, the title of the officer who presides over the Municipal Court of the City of College Park, heretofore known as the recorder's court, shall be judge instead of recorder. Section 2. The words Recorder's Court, wherever they appear in the Act or the title of the Act approved December 16, 1895 (Ga. L. 1895, p. 254 et seq.) establishing a new charter for the City of College Park, and in all Acts amendatory thereof, are hereby stricken, and the words City Court of College Park are 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 College Park. Section 3. All laws and parts of laws in conflict with this Act be and the same 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 19th and 26th days of December, 1962, and on the 2nd days of January, 1963, as provided by law. /s/ Frank Kempton

Page 2340

Subscribed and sworn to before me, this 16th day of January, 1963. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large My Commission expires Oct. 18, 1963. (Seal). Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the session of the General Assembly of Georgia convening in January, 1963, 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 14th day of December, 1962. City of College Park By: Griffin Patrick, Jr. City Attorney 2705 Church Street, East Point, Georgia Approved March 20, 1963. CITY OF COLLEGE PARKFISCAL YEAR, BUDGETS. No. 112 (House Bill No. 197). An Act to amend an Act establishing a new charter for the City of College Park, 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 the State of Georgia, and it is hereby enacted by the authority of the

Page 2341

same, that the Act set forth in the caption to this Act be and the same is hereby further amended as follows: Section 1. The fiscal year of the city shall begin on the first day of January and continue through the thirty-first day of December in every year. During the month of January each year, the mayor and council shall adopt a financial plan for the conduct of the affairs of the city for the ensuing fiscal year. In the preparation of the budget, the mayor and council shall obtain from the head of each office, department or agency, estimates of anticipated revenues and expenditures, detailed by organization units and character and object of expenditure, and shall obtain an estimate of all capital projects pending or which are anticipated within the next fiscal year. Fiscal year, budget. Section 2. The budget shall provide a complete financial plan for the ensuing fiscal year, and shall include, but not be limited to, (a) a detailed estimate of all anticipated revenue and (b) proposed expenditures with enumeration of debt service requirements, appropriations required by statute, and for other purposes. Budget. Section 3. The disbursements in the budget year, for all departments and agencies shall not exceed the prior year's unexpended balance plus the total anticipated receipts for such budget year as set forth in such annual budget, plus the proceeds from the sale of bonds and revenue anticipation certificates authorized during or before each budget year, plus proceeds from sales of city properties not expressly included in the itemized budget statement of any department or agency for such year. Such annual budget shall include, in addition to such itemized statements for the various departments and agencies of said city a contingency fund account, and a separate and distinct bond and sinking fund account, and a separate and distinct revenue certificate sinking fund account. Same. Section 4. The first appropriation of the budget shall provide funds sufficient to cover outstanding obligations to become due during the ensuing year, debt service, and cost of financing debt service in full, including interest and

Page 2342

the sinking fund requirements of any outstanding indebtedness, which funds shall not be diverted to any other purpose until such obligations are paid in full. Same. Section 5. The mayor and council may by ordinance adopt such limitations upon changing or altering the budget after adoption as said body deems necessary, not inconsistent with this Act. However, no change shall be made in the budget until same shall be introduced at a regular meeting of the mayor and council, and shall not be adopted until the next succeeding regular meeting. Amendments. Section 6. Should the anticipated income of the city be either increased or decreased by a change in the tax rate or in the assessed value of property subject to taxation, the mayor and council shall within fifteen (15) days after such change adjust the budget accordingly for the remainder of the fiscal year. However, should any city property be destroyed or damaged by fire, windstorm or other casualty, the mayor and council may appropriate at any time for the restoration of such property any amount realized from insurance thereon, but any additional appropriations shall comply with the formalities herein provided. Same, insurance. Section 7. This Act does not prohibit the appropriation of funds for the support of a hospital authority as provided by law, or any other appropriation provided by law. Nothing herein shall be construed to restrain or limit the city in the amount of taxes that may be levied by the governing authority thereof which are otherwise authorized by law. Intent. Section 8. All laws and parts of laws in conflict herewith be and the same are 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

Page 2343

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 25th days of December, 1962, and on the 2nd day of January, 1963, as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me this 16th day of January, 1963. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1963. (Seal). Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the session of the General Assembly of Georgia convening in January, 1963, 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 14th day of December, 1962. City of College Park, By: Griffin Patrick, Jr. City Attorney 2705 Church Street, East Point, Georgia Approved March 20, 1963.

Page 2344

CITY OF NICHOLLSTERMS OF MAYOR AND ALDERMEN. No. 113 (House Bill No. 203). An Act to amend an Act establishing a new charter for the City of Nicholls, approved August 16, 1920 (Ga. L. 1920, p. 1329), as amended, by an Act approved August 15, 1922 (Ga. L. 1922, p. 913), so as to provide for two (2) year terms for the mayor and aldermen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Nicholls, approved August 16, 1920 (Ga. L. 1920, p. 1329), as amended, by an Act approved August 15, 1922 (Ga. L. 1922, p. 913), is hereby amended by striking the first sentence of section 9 in its entirety and inserting in lieu thereof a new first sentence to read as follows: The mayor and aldermen shall be elected on the third Saturday in December beginning in 1963 and biennially thereafter to serve terms of two (2) years each, said terms to commence on January 1st of the following year, so that when so amended section 9 shall read as follows: Section 9. The mayor and aldermen shall be elected on the third Saturday in December beginning in 1963 and biennially thereafter to serve terms of two (2) years each, said terms to commence on January 1st of the following year. All elections for mayor and aldermen and elections on any questions submitted to the voters of said city shall be held at the courthouse, and at such other places as are now or may be hereafter established by law or the ordinances or resolutions of said city. The mayor and aldermen shall have full power and authority to establish as many polling places as they may deem necessary. All elections shall be held by three persons, who may be qualified to hold and superintendent elections for members of the General Assembly of the State, and said elections shall be held and conducted in the same manner and under the same rules and regulations as are elections for members of the General Assembly. In cases of elections for mayor and aldermen

Page 2345

the superintendents shall deliver certificates to the persons who they shall find to have been elected to the offices of mayor and aldermen, respectively. The qualifications for voters at any such elections shall be the same as required of persons voting for members of the General Assembly of this State, and in addition thereto residence within the corporate limits of said city for six months next preceding the election, and the payment of all taxes legally required of them, except for the year in which they offer to vote, by said corporation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. February 4, 1963 State of Georgia, County of Coffee. To whom it may concern: This is to certify that the attached Legal Notice was published in the Coffee County Progress, legal organ for the year 1963, on the following dates: Thursday, January 10, 1963 Thursday, January 17, 1963 Thursday, January 24, 1963. /s/ Melvin C. Waters, Editor Sworn to and subscribed before me, this the 5th day of February, 1963. /s/ George E. Maddox, Notary Public, Georgia, State at Large. My Commission expires 6-17-63. (Seal). Notice. Notice is hereby given that the mayor and council of the City of Nicholls intend to apply to the General Assembly of Georgia at the 1963 session therefor for the passage of

Page 2346

an amendment to the charter of the mayor and council of the City of Nicholls providing that the successors of the aldermen whose terms of office expire on December 31, 1963 shall be elected for a two year term ending on December 31, 1965, and that thereafter their successors shall be elected for terms of office of two years, and providing that the successors of the mayor and of the aldermen whose term of office expire on December 31, 1965, shall thereafter be elected for terms of office of two years. Notice is further given that the mayor and council of the City of Nicholls intend to apply to the General Assembly of Georgia at the January term, 1963, session thereof for the passage of an amendment to the Charter of the mayor and council of the City of Nicholls providing that section 7 of the City charter of the City of Nicholls appearing in Georgia Laws 1920, at page 1333, shall be so amended that any right of veto of the mayor shall be limited so that three members of the Board of Aldermen concurring shall be sufficient to over-ride the veto power of the mayor. This December 7, 1962. Arthur Douglas, Mayor Frank White, Councilman P. L. Streat, Councilman Edward Davis, Councilman Estell Gilliard, Councilman Clark Nobles, Councilman Approved March 20, 1963. CITY OF CAMILLAPOSITIONS ON BOARD OF ALDERMEN DESIGNATED. No. 114 (House Bill No. 204). An Act to amend an Act entitled An Act to create a new charter for the City of Camilla, and for other purposes, approved August 19, 1907 (Ga. L. 1907, p. 505), as amended, so as to number the positions on the board of aldermen;

Page 2347

to provide that candidates for positions on the board of aldermen shall announce and run for particular numbered positions on the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create a new charter for the City of Camilla, and for other purposes, approved August 19, 1907 (Ga. L. 1907, p. 505), as amended, is hereby amended by adding between sections 4 and 5 a new section to be numbered section 4A and to read as follows: Section 4A. The six (6) seats on the board of aldermen shall be designated as positions one through six (1 - 6), respectively. That seat presently held by Alderman B. Thomas Burson, Jr., shall be Position No. 1. That seat presently held by Alderman Joe Bullard shall be Position No. 2. That seat presently held by Alderman Ray Dixon shall be Position No. 3. That seat presently held by Alderman C. A. Stevenson shall be Position No. 4. That seat presently held by Alderman Joel Rivers shall be Position No. 5. That seat presently held by Alderman Robert Walker shall be position No. 6. In all future elections held by the City of Camilla for the purpose of selecting new members to the board of aldermen, candidates must declare by number which position on the board of aldermen they are offering to fill. That candidate receiving the highest number of votes cast for each respective position shall be elected to the board of aldermen to fill that particular vacancy on the board. In every odd numbered year, there shall be an election to fill the vacancies occurring in Positions No. 1, 3 and 5. In every even numbered year there shall be an election to fill vacancies occurring in Positions No. 2, 4 and 6. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Mitchell County. In person before the undersigned certifying officer, appeared B. T. Burson, who after being duly sworn, deposes,

Page 2348

says and certifies that he is the publisher of The Camilla Enterprise, a newspaper published in said county and in which the advertisements of the sheriff of said county are published, and that the attached notice of proposed legislation has been published in the Camilla Enterprise on the following days, to-wit: January 24, January 31 and February 7, 1963. /s/ B. T. Burson, LS Sworn to and subscribed before me, this the 7th day of February, 1963. /s/ Irene H. Wallace Notary Public, Mitchell County, Georgia. My Commission, expires Dec. 9, 1965. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1963 session of the General Assembly of Georgia, a bill to number the positions on the board of aldermen of the City of Camilla; to provide that candidates for positions on the board of aldermen shall announce and run for particular numbered positions on the Board; to repeal conflicting laws; and for other purposes. This 21 day of January, 1963. Frank S. Twitty Representative, Mitchell County. Approved March 20, 1963.

Page 2349

CITY OF LEESBURGCORPORATE LIMITS. No. 115 (House Bill No. 216). 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, particularly by an Act approved March 3, 1962 (Ga. L. 1962, p. 2703), 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, particularly by an Act approved March 3, 1962, (Ga. L. 1962, p. 2703), 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 Leesburg shall extend three-fourth ([UNK]) of a mile in each direction from the county courthouse in the 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, Georgia, will be offered at the January session 1963 of the Georgia General Assembly. This local bill will reduce the corporate limits of the City of Leesburg, Georgia. /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

Page 2350

oath, deposes and says that he is a Representative of Lee County in the General Assembly of Georgia, and that he is the author of the proposed Bill to which this affidavit is attached, and that the foregoing and attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald, which is the official organ of Lee County, on the following dates: December 31, January 7, 14. /s/ H. G. Hall Sworn to and subscribed before me, this 12th day of February, 1963. /s/ Kathryn Rule Notary Public. (Seal). Approved March 20, 1963. CLINCH COUNTYSALARY OF CLERK OF COMMISSIONERS OF ROADS AND REVENUES. No. 117 (House Bill No. 232). An Act to amend an Act creating the board of commissioners of roads and revenues for Clinch County, approved March 19, 1933 (Ga. L. 1933, p. 456), as amended by an Act approved March 4, 1937 (Ga. L. 1937, p. 1292), an Act approved January 13, 1938 (Ga. L. 1937-38, Ex. Sess., p. 788), an Act approved March 6, 1945 (Ga. L. 1945, p. 916), an Act approved March 27, 1947 (Ga. L. 1947, p. 914), and particularly by an Act approved February 3, 1949 (Ga. L. 1949, p. 106), an Act approved February 16, 1950 (Ga. L. 1950, p. 2615), and amended particularly by an Act approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2723), and an Act approved March 7, 1961 (Ga. L. 1961, p. 2304), so as to change the compensation of the clerk of the board of commissioners of roads and revenues for Clinch County; to repeal conflicting laws; and for other purposes.

Page 2351

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the board of commissioners of roads and revenues for Clinch County, approved March 19, 1933 (Ga. L. 1933, p. 456), as amended by an Act approved March 4, 1937 (Ga. L. 1937, p. 1292), an Act approved January 13, 1938 (Ga. L. 1937-38, Ex. Sess., p. 788), an Act approved March 6, 1945 (Ga. L. 1945, p. 916), an Act approved March 27, 1947 (Ga. L. 1947, p. 914), and particularly by an Act approved February 3, 1949 (Ga. L. 1949, p. 106), an Act approved February 16, 1950 (Ga. L. 1950, p. 2615), and amended particularly by an Act approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2723), and an Act approved March 7, 1961 (Ga. L. 1961, p. 2304), is hereby amended by striking from section 11 of said Acts the words and figure one hundred fifty ($150.00) dollars and inserting in lieu thereof the words and figure two hundred fifty ($250.00) dollars so that when so amended said section 11 shall read as follows: Section 11. There shall be a clerk of the board of commissioners of roads and revenues for the County of Clinch, who must have some experience in bookkeeping and be familiar with the duties to be performed by said clerk. Said clerk shall be elected by said board. Said clerk's salary shall be fixed by said board at not less than one hundred ($100.00) dollars per month, nor more than two hundred fifty ($250.00) dollars per month. Said board shall have authority to discharge and remove said clerk at any time with or without cause. Clerk. 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 1963 session of the General Assembly of Georgia a bill to change the compensation of the clerk of the commissioner of roads and revenues of Clinch County and for other purposes.

Page 2352

This 8th day of January, 1963. G. B. Lee, Representative, Clinch County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Grover B. Lee, who, on oath, deposes and says that he is Representative from Clinch County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Clinch County News, which is the official organ of said county, on the following dates: January 11, 18, and 25, 1963. /s/ Grover B. Lee, Representative, Clinch County Sworn to and subscribed before me, this 12th day of February, 1963. /s/ Kathryn Rule Notary Public. My Commission expires 1-30-65. (Seal). Approved March 20, 1963. CITY OF LYONSCHARTER AMENDED. No. 118 (House Bill No. 239). An Act to amend an Act incorporating the City of Lyons, approved August 7, 1907 (Ga. L. 1907, p. 765), as amended, so as to provide for the election of councilmen and mayor by majority vote; to provide for compensation of the mayor; to provide for compensation of councilmen; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2353

Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Lyons, approved August 7, 1907 (Ga. L. 1907, p. 765), as amended, is hereby amended by striking from section 6, as amended, the sentence: Those receiving a plurality of the votes cast for the respective offices shall be declared elected., and substituting in lieu thereof the sentence: Those receiving a majority of the votes cast for the respective offices shall be declared elected. Said section is further amended by adding at the end thereof the following sentence: In the event that a candidate fails to receive a majority of the votes, there shall be a `run-off' election, between the two candidates receiving the highest number of votes, within 20 days after the results are declared by the mayor, as specified in this section, after giving a 10-day notice of said `run-off' election by advertising the same one time in a newspaper having a general circulation in the City of Lyons and posting of notices of the same in two public places., so that when so amended Section 6 shall read as follows: Elections. Section 6. Be it further enacted, that all elections under the provisions of this chapter, whether regular or special, and whether for the election of officers or for the submission to the people of said city the question of issuing bonds of said city, or for any of the purposes for which an election may be held in and for said city, shall be superintended and managed by some judicial officer and two freeholders, or by three freeholders who are bona fide residents of said city, and who shall be appointed by the mayor for that purpose. In case no appointment is made, then any three citizens, having the qualifications prescribed may act. Each of the said managers, before entering upon his duties, shall take and subscribe before some officer authorized by law to administer oaths, or before one of their number, 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 manager shall keep, or cause to be kept, two lists of voters and two tally-sheets. All elections shall be

Page 2354

held in city hall of said city, and shall be held between the hours of 8 o'clock A. M. and 6 o'clock P.M., and shall be by written ballot. Those receiving a majority of the votes cast for the respective offices shall be declared elected. Said managers shall certify two lists of voters and two tally-sheets, place one of each in the ballot-box and securely seal same, and shall forthwith deliver the same to the clerk of the city, who shall keep the same with seal unbroken for thirty days, and if no contest is then instituted shall destroy the same, without himself inspecting or allowing any one else to inspect said ballots. The other tally-sheet and list of voters, together with a certificate showing the results of the election, and signed by the managers, shall be placed in a sealed package and forthwith delivered to the mayor, who shall keep the same until the first meeting of the city council, held not less than four days after the date of such election, at which time, and in the presence of said council, he shall open the same and declare the results. If any person desires to contest any election held hereunder, said contest shall be had under the general laws of the State governing municipal contests. In the event that a candidate fails to receive a majority of the votes, there shall be a `run-off' election, between the two candidates receiving the highest number of votes, within 20 days after the results are declared by the mayor, as specified in this section, after giving a 10-day notice of said `run-off' election by advertising the same one time in a newspaper having a general circulation in the City of Lyons, and posting of notices of the same in two public places. Section 2. Said Act is further amended by striking from section 14, as amended, the figure $600.00 and substituting in lieu thereof the figure, $1200.00', so that when so amended section 14 shall read as follows: Section 14. That the mayor shall receive a salary to be fixed by the council not to exceed $1200.00 per year, plus any actual expenses to which he may be placed by reason of holding said office as mayor of the City of Lyons; he shall be the chief executive officer of said city and shall see that the ordinances, by-laws, rules and orders of the council are faithfully executed. He shall have control of the

Page 2355

marshal and police forces of said city and may appoint special officers whenever may deem it necessary for the protection of persons or property, and for the preservation of the peace and good order of said city. He shall preside at all meetings of the city council and shall have the veto power, and may veto any ordinance, order, or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by the vote of at least four councilmen on a yea and nay vote duly recorded in the minutes of said council, provided, however, the mayor shall not exercise his power of veto unless he shall reduce the same to writing and file it with the city clerk within four days after the passage of the measure vetoed. Mayor's salary. Section 3. Said Act is further amended by striking from section 14D, as amended, the figure $10.00 and substituting in lieu thereof the figure $18.00, and also by striking therefrom the figure $5.00 and substituting in lieu thereof the figure $7.50, so that when so amended section 14 D shall read as follows: Section 14 D. The city councilmen elected and serving as herein provided shall be paid the sum of $18.00 for attending any and all regular meetings of the council, and the additional sum of $7.50 for any call meeting of said city council, whether by the mayor or called by a majority of said council. Actual presence at subject meeting or meetings shall be necessary in order to receive payment for such meeting. Councilmen's salaries. Section 4. The provisions of section 2 and 3 of this Act relating to the compensation of the mayor and councilmen shall not become effective until April 1, 1964. All other provisions of this Act shall become effective upon being signed by the Governor or they otherwise become law. Effective dates. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Toombs County. Before me, an officer authorized by law to administer oaths, personally appeared Harry M. Rhoden, who on oath

Page 2356

says: That he is the publisher of The Lyons Progress, a newspaper in which the sheriff's advertisements for Toombs 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, 1963, January 17, 1963, and January 24, 1963. /s/ Harry M. Rhoden Sworn to and subscribed before me, this 4th day of February, 1963. /s/ Alvin L. Layne, Notary Public, Toombs County, Ga. My Commission expires Oct. 27, 1966. (Seal). Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the 1963 session of the General Assembly of Georgia, a bill to amend the charter of the City of Lyons so as: to provide for the election of councilmen and mayor by majority vote; to provide for compensation of the mayor; to provide for compensation of councilmen; and for other purposes. This 7th day of January, 1963. Arlie S. Elkins, City Clerk of Lyons For the Mayor and Council. Approved March 20, 1963. CITY OF LYONSCORPORATE LIMITS. No. 119 (House Bill No. 240). An Act to amend an Act incorporating the City of Lyons, approved August 7, 1907 (Ga. L. 1907, p. 765), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.

Page 2357

Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the city of Lyons, approved August 7, 1907 (Ga. L. 1907, p. 765), as amended, is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section as follows: Section 2. Be it enacted that the corporate limits of the City of Lyons shall be embraced in a circle, whose diameter shall be three miles, and whose center shall be located at the intersection of the center of U. S. Highway No. 1, also known as State Street, with the center of the right-of-way of the Seaboard Air Line Railroad Company, located in said city. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Toombs County. Before me, an officer authorized by law to administer oaths, personally appeared Harry M. Rhoden, who on oath says: That he is the publisher of The Lyons Progress, a newspaper in which the sheriff's advertisements for Toombs County are published and that the foregoing and attached notice was duly published in said paper once a week for three weeks to-wit: December 20, 1962. December 27, 1962, and January 3, 1963. /s/ Harry M. Rhoden Sworn to and subscribed before me, this 4th day of February, 1963. /s/ Alvin L. Layne, Notary Public, Toombs County, Georgia. My Commission expires October 27, 1966. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1963 session of the General Assembly of Georgia, a bill to amend the charter of the City of Lyons so as: to enlarge

Page 2358

the corporate limits of the city of Lyons; and for other purposes. This 20th day of Dec. 1962. Arlie S. Elkins, City Clerk of Lyons for the Mayor and Council. Approved March 20, 1963. CITY OF LOUISVILLECORPORATE LIMITS. No. 120 (House Bill No. 241). An Act to amend an Act establishing a new charter for the City of Louisville, approved December 18, 1900 (Ga. L. 1900, p. 305), as amended, particularly by an Act approved December 17, 1902 (Ga. L. 1902, p. 488) and by an Act approved August 24, 1931, (Ga. L. 1931, p. 859), so as to expand and to define the corporate limits of the City of Louisville; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Louisville, approved December 18, 1900 (Ga. L. 1900, p. 305), as amended, particularly by an Act approved December 17, 1902 (Ga. L. 1902, p. 488) and by an Act approved August 24, 1931 (Ga. L. 1931, p. 859), is amended by striking therefrom section 16, and substituting therefor a new section 16, which shall read as follows: Section 16. Be it further enacted by the authority aforesaid that the corporate limits of the City of Louisville are defined to be: Commence at the confluence of Rocky Comfort Creek and the Ogeechee River; thence proceed in a northerly direction along the east bank of Rocky Comfort Creek for a distance

Page 2359

of approximately 6600 feet to the point of intersection of the east bank of Rocky Comfort Creek with the center line of the old steel bridge on the old Bartow Road, commonly known as the Steel Bridge Road and being an extension of West Broad Street; thence running north 60 degrees 15 minutes east for a distance of 5530.51 feet to a concrete post monument; thence running north 1 degree 31 minutes west for a distance of 1970.95 feet to a point; thence running north 88 degrees 0 minutes 30 seconds east for a distance of 630 feet to a point; thence running in a southeasterly direction along a circular arc of 1594.86 feet radius for an arc distance of 1397.81 feet, said arc having its convex side contiguous to the area hereby enclosed, to a point; thence running south 52 degrees 12 minutes 30 seconds east for a distance of 724.51 feet to a point; thence running in a southeasterly direction along a circular arc of 2224.86 feet radius for an arc distance of 1170.11 feet, said arc having its concave side contiguous to the area hereby enclosed, to a point; thence running south 22 degrees 4 minutes 30 seconds east for a distance of 1271.91 feet to a point; thence running in a southeasterly direction along a circular arc of 3179.79 feet radius for an arc distance of 694.65 feet, said arc having its concave side contiguous to the area hereby enclosed, to a point; thence running south 9 degrees 33 minutes 30 seconds east for a distance of 8737.87 feet to a point; thence running north 74 degrees 30 minutes west for a distance of 6829 feet to a point on the north bank of the Ogeechee River; and thence running in a westerly direction along the north bank of the Ogeechee River for a distance of approximately 1100 feet to its confluence with Rocky Comfort Creek, the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the ensuing 1963 session of the General Assembly of Georgia a local bill to amend an Act establishing a new charter for the City of Louisville, approved December 18, 1900 (Ga. L. 1900, p. 305), as amended, particularly by an Act approved

Page 2360

December 17, 1902 (Ga. L. 1902, p. 488) and by an Act approved August 24, 1931 (Ga. L. 1931, p. 859), so as to expand and to define the corporate limits of the City of Louisville; to repeal conflicting laws; and for other purposes. J. Roy McCracken State Representative of Jefferson County, Georgia Georgia, Jefferson County. Personally appeared before the undersigned attesting officer, Virginia P. Price, who on oath says that she is owner and publisher of The News Farmer, the newspaper in which the sheriff's advertisements for Jefferson County are published, and that the attached Notice of Local Legislation was published in said newspaper in its issues of December 20, 1962, December 27, 1962, January 3, 1963, as provided by law. This 3rd day of January, 1963. /s/ Virginia Polhill Price Sworn to and subscribed before me: /s/ James C. Abbot Notary Public. (Seal). Approved March 20, 1963. CITY OF ATHENSQUORUM OF COUNCIL. No. 121 (House Bill No. 253). 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, or mayor pro tem. and any six aldermen shall

Page 2361

constitute a quorum for the transaction of any business before the city council and to repeal conflicting laws. Be it enacted by the General Assembly of Georgia and by authority of the same it is hereby enacted as follows: Section 1. Section 6 of 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, is hereby amended by striking therefrom the following: And the mayor, or mayor pro tem. and any four aldermen, shall constitute a quorum for the transaction of any business before the council. and substituting in lieu thereof the following: And the mayor, or mayor pro tem. and any six aldermen, shall constitute a quorum for the transaction of any business before the council. so that section 6, after amendment, shall read as follows: Section 6. The person or persons who shall receive the highest number of votes at said election for mayor and aldermen, respectively, shall be declared elected; and in case of any vacancy in the office of mayor or any of the aldermen, by death, resignation, failure to elect, removal from office or otherwise, the council shall advertise a new election to fill the vacancy by giving at least ten days' notice in the public gazette or gazettes doing the city printing; after the votes for mayor and aldermen at any election shall have been counted by the managers they shall cause two certified copies of the tally sheets to be made out, one of which shall be delivered to the mayor for the time being, and the other shall be retained by the managers; the mayor shall submit the same day, or as soon as practicable, the returns of said election to council, who shall consolidate the same, declare the result and notify the persons elected who shall attend at the council chamber at such hour as the council may direct, on the first Wednesday in January, thereafter, for

Page 2362

the purpose of organizing the council. The mayor and each alderman shall take and subscribe, before any officer qualified to administer oaths, the following oath: I do solemnly swear that I will well and truly perform the duties of Mayor (or Alderman, as the case may be) of the City of Athens, by adopting and enforcing such measures as shall in my judgment be calculated to promote the general welfare of the City of Athens, and I do further swear that I have not practiced any unlawful means, directly or indirectly, to procure my election, and that I have not given or offered, or promised, or caused to be given, or offered, or promised, to any person, any money, treat, or thing of value, with intent to affect any vote, or to prevent any person voting at the election at which I was elected, so help me God; and shall forthwith enter upon the discharge of the duties of the office. The mayor or mayor pro tem. and any six aldermen shall constitute a quorum for the transaction of any business before the council. On all questions before the city council the mayor shall be entitled to vote in case of a tie. Section 2. All laws and parts of laws in conflict herewith are repealed. Notice. The public is hereby notified that the undersigned intends to make application to the General Assembly of Georgia at the January, 1963, session thereof for the adoption of an amendment to the charter of the mayor and council of the City of Athens, so as to provide that the mayor or mayor pro tem. and any six aldermen shall constitute a quorum for the transaction of any business before the city council. This 16th day of January, 1963. The Mayor and Council of the City of Athens. By: Jack R. Wells, Mayor.

Page 2363

Georgia, Clarke County. Personally appeared before me, the undersigned attesting officer authorized by law to administer oaths appeared Chappelle Matthews who on oath deposes and says that he is a Representative from Clarke County to the General Assembly of Georgia, and that the foregoing notice of intention to apply for local legislation was published in the Athens Banner Herald on January 18, 1963, January 25, 1963 and February 1, 1963; and that the Athens Banner Herald is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia. /s/ Chappelle Matthews, Representative from Clarke County, Georgia Certified, sworn to and subscribed to before me, this February 9, 1963. /s/ Joseph J. Gaines, Notary Public, Clarke County, Georgia. My Commission expires on November 23, 1965. (Seal). Approved March 20, 1963. CITY OF COLUMBUSEMPLOYEES' PENSIONS. No. 122 (House Bill No. 255). An Act to amend an Act approved March 7, 1955, entitled An Act amending the charter of the City of Columbus, Georgia; providing a pension system for retired officers and employees and the dependents of officers and employees of said city; fixing the amounts of such pensions; the terms and conditions under which they will be payable; the persons eligible therefor, and all other matters pertinent thereto; repealing provisions of said charter in conflict herewith; and for other purposes, fixing new amounts of such pensions; and for other purposes.

Page 2364

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 Georgia Law No. 314, approved on March 7, 1955, be, and it is, hereby amended by deleting sub-subparagraph (A) (1) in section I in its entirety and substituting therefor a new sub-subparagraph (1) under subparagraph (A) of section 1 to read as follows: (1) The following rates per month per year of service shall apply to the regular monthly salary of the officer or employee at the time of retirement on account of total permanent disability: Salary Range Rate per Month per Year of Service $149.00 or less $2.20 $150.00 to $199.99 $2.75 $200.00 to $274.99 $3.30 $275.00 to $314.99 $3.85 $315.00 and above $4.12 Section 2. That Georgia Law No. 314, approved on March 7, 1955, be, and it is, hereby amended by deleting subparagraph (G) in section 1 in its entirety and substituting therefor a new subparagraph (G) of section 1 to read as follows: (G) Subject to the limitations of subparagraph (A) above applicable to persons who become totally and permanently disabled after twenty years service, the maximum amount of pension payable by the city on account of officers or employees who become disabled after twenty years service or who are killed or injured as a result of injury incurred on occasions while actually engaged in the performance of their duties, shall be one hundred forty dollars per month, regardless of any other provisions of this Act. Section 3. That all laws or parts of laws in conflict herewith are hereby repealed.

Page 2365

Section 4. That there is hereto attached and made a part hereof a copy of the notice of intention to apply for enactment hereof, with the certificate of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of this bill. Certificate of Publication. 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, 1963, for the passage of a bill entitled as follows: An Act to amend an Act approved March 7, 1955, entitled An Act amending the charter of the City of Columbus, Georgia; providing a pension system for retired officers and employees and the defendants of officers and employees of said city; fixing the amounts of such pensions; the terms and conditions under which they will be payable; the persons eligible therefor, and all other matters pertinent thereto; repealing provisions of said charter in conflict herewith; and for other purposes, fixing new amounts of such pensions; and for other purposes. This the 28th day of December, 1962. /s/ Lennie F. Davis City Attorney, City of Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Maynard R. Ashworth, who on oath certifies and says that he is the publisher of The Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements

Page 2366

for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit, Dec. 31, 1962, Jan. 7, 1963, Jan. 14, 1963. /s/ Maynard R. Ashworth Sworn to and subscribed before me, this the 16 day of January, 1963. /s/ Barbara T. Moss Notary Public, Muscogee County, Georgia. My Commission expires Feb. 20, 1965. (Seal). Approved March 20, 1963. MUNICIPALITIES WITH POPULATIONS OF NOT LESS THAN 116,500 AND NOT MORE THAN 119,500 PERSONS PERMITTED TO BECOME SELF INSURERS. No. 123 (House Bill No. 256). An Act to authorize cities whose population as determined by the Federal census of 1960 or by any later Federal census shall be between 116,500 and 119,500 persons to become self insurers under the provisions of Georgia Code Annotated, sections 56-1013 and 56-1014, to limit the amounts and coverages of self insurance so provided, to provide that certain liability or damages, or liability or damages in certain amounts, shall not be covered or insured, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that: Section 1. All municipalities of Georgia whose population as determined by the Federal census of 1960 or by any later Federal census shall be between 116,500 and 119,500 persons, shall be and are hereby authorized in their

Page 2367

discretion to become self-insurers under the provisions of Georgia Law 1955, page 448, sections 1 and 2, codified in Georgia Code Annotated, sections 56-1013 and 56-1014. Section 2. Each such municipality shall be authorized to provide for the amount and extent of self-insurance which such municipality shall assume, the necessary risk, and the type of additional or excess insurance coverage that may be required. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 20, 1963. CITY OF COLUMBUSEMPLOYEES' PENSIONS. No. 124 (House Bill No. 257). An Act to amend an Act approved March 7, 1955, entitled An Act amending the charter of the City of Columbus, Georgia; providing a pension system for retired officers and employees and the dependents of officers and employees of said city; fixing the amounts of such pensions; the terms and conditions under which they will be payable; the persons eligible therefor, and all other matters pertinent thereto; repealing provisions of said charter in conflict herewith; and for other purposes, establishing pensions for certain officers and employees who are not disabled, on the basis of period of service and age; 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 Georgia Law No. 314, approved on March 7, 1955, be, and it is, hereby amended by adding a new subparagraph in section 1 thereof, said new subparagraph of section 1 to be lettered (I) and to read as follows:

Page 2368

(I) Regardless of any other provision of this Act and without being disabled, city officers or employees may be granted pensions by the City of Columbus according to the schedules contained in subparagraph (A) hereof, provided such officer or employee has thirty-five (35) years of continuous service or in the event such officer or employee has twenty (20) years of service with the City of Columbus and is sixty-two (62) years of age. Section 2. That all laws or parts of laws in conflict herewith are hereby repealed. Section 3. That there is hereto attached and made a part hereof a copy of the notice of intention to apply for enactment hereof, with the certificate of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of this bill. Certificate of Publication. 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, 1963, for the passage of a bill entitled as follows: An Act to amend an Act approved March 7, 1955, entitled An Act amending the charter of the City of Columbus, Georgia; providing a pension system for retired officers and employees and the dependents of officers and employees of said city; fixing the amounts of such pensions; the terms and conditions under which they will be payable; the persons eligible therefor, and all other matters pertinent thereto; repealing provisions of said charter in conflict herewith; and for other purposes, establishing pensions for certain officers and employees who are not disabled, on the basis of period of service and age; and for other purposes.

Page 2369

This the 28th day of December, 1962. /s/ Lennie F. Davis City Attorney, City of Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Maynard R. Ashworth, who on oath certifies and says that he is the publisher of The Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit, Dec. 31, 1962; Jan. 7, 1963; Jan. 14, 1963. /s/ M. R. Ashworth Sworn to and subscribed before me, this the 16 day of January 1963. /s/ Barbara T. Moss Notary Public, Muscogee County, Georgia. My Commission expires Feb. 20, 1963. (Seal). Approved March 20, 1963. BURKE COUNTY DEVELOPMENT AUTHORITY ACT. No. 125 (House Bill No. 292). An Act to create the Burke County 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 County of Burke with respect to said Authority; to provide for issuing revenue bonds

Page 2370

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 Burke County Development Authority Act. Short title. Section 2. There is hereby created a body corporate and politic to be known as the Burke County 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 shall ever be subject of change same may be accomplished by an Act of the General Assembly. Created. Section 3. The said Authority shall consist of the directors of the Waynesboro Development Corporation. The chairman of the board of commissioners of roads and revenues of Burke County, Georgia, the mayor of Waynesboro, the mayor of Sardis, the mayor of Girard, the mayor of Midville and the mayor of Vidette. 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. (a) The terms of office of the members of the board of directors of the Waynesboro Development Corporation, the chairman of the board of commissioners of roads and revenues of Burke County, Georgia, and the mayor of Waynesboro, the mayor of Sardis, the mayor of Girard, the mayor of Midville and the mayor of Vidette, 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.

Page 2371

(b) Prior to taking office the members shall subscribe to the following oath, to wit: I do solemnly swear that I will fully and fairly perform the duties as a member of the Burke County Development Authority, So Help Me God. Oath (c) The members of said Authority shall be entitled to no 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 Burke County 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.

Page 2372

Section 5. The County of Burke is expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. Section 6. The majority of the 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 a majority of affirmative votes. Quorum. Section 7. 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 Burke; the governing authority of the County of Burke is authorized in its 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

Page 2373

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 otherwise encumbered as security for any lawful debt of

Page 2374

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 Burke 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 Burke 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. Property. Section 9. The Authority is hereby authorized to receive funds from the county on all taxable property not to exceed one (1) mill for the purpose of securing a fund to be set aside and used by said Authority for the general purposes of this Act. Funds. 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.

Page 2375

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 Burke County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. Section 12. All land 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. Taxation. Section 13. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or the County of Burke. 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 Burke and shall publish same one time in all newspapers printed in Burke County. Audits. Section 15. Said Authority is created for the purpose of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long-range plans for the coordination of such development, promotion and expansion within its territorial limits. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or the County of Burke. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created. 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

Page 2376

the Constitution of the State of Georgia authorizing the creation of the Burke County Development Authority. Effective date. Section 18. All laws and 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, 1963, a local bill to implement the amendment to the Constitution of the State of Georgia creating the Burke County Development Authority, by prescribing who shall be members of said Authority, their qualifications, terms and method of election or appointment: providing for the purposes, duties, control, organization and powers of the Authority and for the County of Burke with respect thereto; to provide for the issuance and validation of revenue-anticipation bonds by the Authority; and for other related purposes. M. K. Tucker Representative, Burke County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Memory K. Tucker, who, on oath, deposes and says that he is Representative from Burke County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The True Citizen, which is the official organ of said county, on the following dates: January 9, 16, and 23rd, 1963. /s/ M. King Tucker Representative, Burke County

Page 2377

Sworn to and subscribed before me, this 14 day of Feb., 1963. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission expires Oct. 6, 1964. (Seal). Approved March 20, 1963. FULTON COUNTY BOARD OF EDUCATIONEMPLOYEES' PENSIONS. No. 126 (House Bill No. 318). An Act to amend an 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 provide additional pension benefits to certain former teachers and 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 the same that the Act to amend an act providing in Fulton County a system of pensions and retirement pay to teachers and employees of the board of education of Fulton County.....and for other purposes (Ga. L. 1945, pp. 528-535) approved March 3, 1939 and the several acts amendatory thereof, be further amended as follows: Section 1. Pension payments due to former teachers and employees who have retired as a matter of right prior to April 1, 1955, and who have to their credit twenty-five years or more of active service with said board and have been awarded pensions under the terms of this Act as amended, shall have their pensions recomputed on the following basis:

Page 2378

(a) There shall be paid a basic pension of one-half the average monthly salary paid to such former teachers and employees during the last three years of their active service not to exceed, however, the sum of $150.00 per month for such persons. Amount of pensions. (b) In addition to the basic pension provided in the preceding subparagraph, there shall be paid the sum of $5.00 per month for each full year's active service in excess of twenty-five years. The record kept in the office of the comptroller shall be conclusive as to the time served. (c) The aggregate of all pension benefits payable to former officers and employees under the provisions of this Act shall be limited in that same shall not exceed seventy-five (75%) per cent of the average monthly salary paid to such teacher or employee for the last year of employment in active service. Section 2. Former teachers and employees who retired prior to April 1, 1955 but who had less than twenty-five years of active service with said board, but who have been awarded pensions under the terms of this Act as heretofore amended, shall be paid that portion of the basic pension provided in subsection (a) of section 1 above as the length of their service, measured in full years of service, bears to twenty-five years. Same. Section 3. This amendment shall not be effective to, nor be construed to, confer eligibility for a pension upon any former teacher or employee who was not eligible for a pension under the provisions of this Act in effect on the date of the retirement, resignation or other withdrawal from service of such former officer or employee. Intent. Section 4. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 5. A copy of the Notice of Intention to Apply for Local Legislation is attached hereto and made a part of this bill.

Page 2379

Section 6. This amendment shall be effective as of January 1, 1963. 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 19th, 26th days of December, 1962, and on the 2nd day of January, 1963, as provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 4th day of February, 1963. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1963. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January 1963 Session of the General Assembly of Georgia for local legislation to amend 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), as heretofore amended. This 12 day of December, 1962. Harold Sheats County Attorney Approved March 20, 1963.

Page 2380

CHEROKEE COUNTYSALARY OF CLERK OF COMMISSIONER OF ROADS AND REVENUES. No. 127 (House Bill No. 329). An Act to amend an Act creating the office of commissioner of roads and revenues for the County of Cherokee, approved August 9, 1915 (Ga. L. 1915, p. 3177), as amended, particularly by an Act approved March 17, 1959 (Ga. L. 1959, p. 3158), so as to change the compensation of the clerk; to prescribe the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenues for the County of Cherokee, approved August 9, 1915 (Ga. L. 1915, p. 3177), as amended, particularly by an Act approved March 17, 1959 (Ga. L. 1959, p. 3158), is hereby amended by striking the first sentence of section 6 in its entirety and inserting in lieu thereof the following: The commissioner of roads and revenues of Cherokee County shall appoint a clerk, who shall be compensated in an amount of twenty nine hundred ($2,900.00) dollars per annum, to be paid in equal monthly installments from the funds of Cherokee County. Provided, however, that the maximum salary for said clerk shall be thirty two hundred ($3,200.00) dollars per annum and that said clerk must complete one (1) full year of satisfactory employment before being eligible, in the discretion of the commissioner, for maximum salary., so that when so amended section 6 shall read as follows: Section 6. The commissioner of roads and revenues of Cherokee County shall appoint a clerk, who shall be compensated in an amount of twenty nine hundred ($2,900.00) dollars per annum, to be paid in equal monthly installments from the funds of Cherokee County. Provided, however, that the maximum salary for said clerk shall be thirty two hundred ($3,200.00) dollars per annum and that said clerk

Page 2381

must complete one (1) full year of satisfactory employment before being eligible, in the discretion of the commissioner, for maximum salary. It shall be the duty of the county clerk to attend all business meetings pertaining to the office, and he shall keep in order the minutes of all transactions of the office, to file and keep in order of their date all original orders and papers, petitions, applications and other papers, addressed to the commissioner concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury by order of the commissioner, giving the amount and date of said payments, and the persons to whom paid and for what purposes paid. Said clerk shall also keep a book showing a full and detailed statement of all accounts or other indebtedness, contracted by the commissioner. All the books, files and records required to be used or kept in the office of the commissioner of roads and revenues shall always be ready and open to inspection of any taxpayer of the county. Said clerk before entering on the discharge of his duties, shall be required to give bond and take the same oath as required by the commissioner, which bond shall be in the sum of $1,000.00, payable to the said commissioner for the faithful performance of his duties; said clerk shall hold said office at the discretion of the commissioner. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that the undersigned will introduce in the 1963 Session of the Georgia General Assembly a Bill to provide a maximum and minimum salary for the clerk in the office of county commissioner of roads and revenues. Dr. Jack Fincher Senator Marion T. Pope, Jr. Dr. Grady N. Coker Representatives

Page 2382

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marion T. Pope, Jr., and Dr. Grady N. Coker, who, on oath, depose and say that they are Representatives 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 24, January 31 and February 7, 1963. /s/ Marion T. Pope, Jr., /s/ Grady N. Coker, Representatives, Cherokee County Sworn to and subscribed before me, this 15th day of February, 1963. /s/ Kathryn Rule Notary Public. (Seal). Approved March 20, 1963. BLECKLEY COUNTYOFFICE OF TAX COMMISSIONER CREATEDREFERENDUM. No. 128 (House Bill No. 333). An Act to consolidate the offices of tax receiver and tax collector of Bleckley County into the one office of tax commissioner of Bleckley County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for the term of office; to provide for the method of filling vacancies; to make provisions relative to taxes and tax fi fas; to provide for compensation; to provide that the tax commissioner shall not be required to make rounds for receiving returns or collecting taxes; to provide an effective

Page 2383

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. Effective as provided hereinafter, the offices of tax receiver and tax collector of Bleckley County are hereby consolidated and combined into the one office of tax commissioner of Bleckley County. The rights, duties and liabilities of said office of tax commissioner shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State. Created. Section 2. The first election for the office of tax commissioner, created herein, shall be held at the same time as the election for other county officers in Bleckley County is held in 1964, and the person so elected shall take office on January 1, 1965, for a term of four years and until his successor is elected and qualified. Likewise, all future elections for tax commissioner shall be held at the same time as elections for other county officers, and, likewise, all future tax commissioners shall have a term of four years and until their successors are elected and qualified. The tax receiver and the tax collector of Bleckley County shall continue in office through December 31, 1964. Should any vacancy occur in the office of tax commissioner, the vacancy shall be filled in the same manner as provided for filling a vacancy in the office of tax collector. First election, etc. Section 3. All taxes due and payable at the time the tax commissioner takes office, shall continue to be due and payable until paid. All tax fi fas theretofore issued shall have full force and effect and be collectible as issued. Taxes due. Section 4. The tax commissioner of Bleckley County shall receive all of the fees, commissions, costs and other emoluments, perquisites, and supplements accruing to the tax receiver and tax collector of Bleckley County at the time this Act becomes effective or that might be legally authorized to such offices thereafter were it not for the provisions of this Act. Compensation. Section 5. The tax commissioner shall be furnished an

Page 2384

office including utilities in the Bleckley County Courthouse, and he shall keep said office open for the transaction of business as do other county officers. In the event the tax commissioner employs any clerical help or other help, he shall pay the same from his own funds. The tax commissioner shall not be required to leave his office or make rounds for the purpose of receiving returns or collecting taxes. Office, etc. Section 6. The tax commissioner, before entering upon the duties of his office, shall take the oath prescribed for tax collectors and shall give bond provided for the tax collector. The premium costs of said bond shall be paid by the county. Oath, bond. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Section 8. Not less than thirty (30) nor more than sixty (60) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Bleckley County to issue the call for an election for the purpose of submitting this Act to the voters of Bleckley County for approval or rejection. The ordinary shall set the date of such election for a day not less than fifteen nor more than thirty (30) days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bleckley County. The ballot shall have written or printed thereon the words: For approval of the Act that the office of Bleckley County Tax Collector and Tax Receiver be combined into one Tax Commissioner. Referendum. Against approval of the Act that the office of Bleckley County Tax Collector and Tax Receiver be combined into one Tax Commissioner. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection

Page 2385

of the Act shall vote against approval. If one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Bleckley 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. Affidavit of Publication. State of Georgia, County of Bleckley, ss. Martha S. Wilder, the undersigned, for The Cochran Printing Co., Inc., publishers of The Cochran Journal, a weekly newspaper published each Thursday at Cochran, Bleckley County, Georgia, being first duly sworn, certifies that the attached advertisement appeared in the following issues of said publication on the dates stated: Jan. 24, 1963, Jan. 31, 1963, Feb. 7, 1963. Deponent certifies further that in event copy of advertisement is not available that same may be found in copies on file at the office of the publisher. /s/ Martha S. Wilder, Cochran Printing Co., Inc. (Publisher, The Cochran Journal) Subscribed and sworn to before me, this 11th day of Feb. 1963. /s/ Sidney H. Carter Notary Public, ex-off. J. P.10-30-65. (Seal). Bill to Introduce Legislation. By recommendation of the Bleckley County, grand jury that the office of Bleckley County tax collector and tax

Page 2386

receiver be combined into one tax commissioner, by referendum. J. R. Mullis Representative Bleckley County Bill to Introduce Legislation. By recommendation of the Bleckley County grand jury that the office of Bleckley County tax collector and tax receiver be combined into one tax commissioner, by referendum. J. R. Mullis Representative Bleckley County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jas. R. Mullis, who, on oath, deposes and says that he is Representative from Bleckley County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cochran Journal, which is the official organ of said county, on the following dates: January 24, 1963, January 31 and February 7, 1963. /s/ J. R. Mullis Representative, Bleckley County. Sworn to and subscribed before me, this 14th day of February, 1963. /s/ Frank E. Blankenship, Notary Public, Georgia, State at Large. My Commission expires July 15, 1966. (Seal). Approved March 20, 1963.

Page 2387

BLECKLEY COUNTYCOMPENSATION OF COMMISSIONER OF ROADS AND REVENUES. No. 129 (House Bill No. 335). An Act to amend an Act entitled An Act to create the office of commissioner of roads and revenues for the County of Bleckley, this State; to provide for an appointment to fill said office until January 1, 1917, and to provide for an election to fill said office thereafter; to prescribe the qualifications, duties and powers of such officer; to fix his salary, and for other purposes., approved August 18, 1913 (Ga. L. 1913, p. 345), as amended by an Act approved August 17, 1918 (Ga. L. 1918, p. 400), so as to change the compensation of the commissioner of roads and revenues in and for the County of Bleckley; to provide an allowance for expenses incurred by said commissioner in the performance of the duties of his office; 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 the office of commissioner of roads and revenues for the County of Bleckley, this State; to provide for an appointment to fill said office until January 1, 1917, and to provide for an election to fill said office thereafter; to prescribe the qualifications, duties and powers of such officer; to fix his salary, and for other purposes., approved August 18, 1913 (Ga. L. 1913, p. 345), as amended by an Act approved August 17, 1918 (Ga. L. 1918, p. 400), is hereby amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Section 9. Be it further enacted by the authority aforesaid, the commissioner of roads and revenues in and for the County of Bleckley and his successors in office shall receive a monthly salary in the sum of three hundred fifty ($350.00) dollars per month plus an allowance for expenses incurred in the performance of the duties as commissioner of roads and revenues in and for the County of Bleckley in the sum of one hundred ($100.00) dollars per month.

Page 2388

The salary and expense allowance herein provided shall be the total compensation to be received by the commissioner of roads and revenues in and for the County of Bleckley and said sums shall be paid to the commissioner of roads and revenues by the fiscal authority of said county from the funds of Bleckley County on a semi-monthly or monthly basis as may be determined by the commissioner of roads and revenues in and for the County of Bleckley. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. State of Georgia, County of Bleckley, ss. Martha S. Wilder, the undersigned, for The Cochran Printing Co., Inc., publishers of The Cochran Journal, a weekly newspaper published each Thursday at Cochran, Bleckley County, Georgia, being first duly sworn, certifies that the attached advertisement appeared in the following issues of said publication on the dates stated: Jan. 24, 1963, Jan. 31, 1963, Feb. 7, 1963. Deponent certifies further that in event copy of advertisement is not available that same may be found in copies on file at the office of the publisher. /s/ Martha S. Wilder, Cochran Printing Co., Inc. (Publisher, The Cochran Journal) Subscribed and sworn to before me, this 11th day of Feb. 1963. /s/ Sidney H. Carter, Notary Public. N.P. Ex-off. J. P.10-30-65. Bill to Introduce Legislation. By recommendation of the Bleckley County grand jury

Page 2389

that the county commissioner receive $50.00 raise in salary plus $25.00 expense per month. J. R. Mullis Representative, Bleckley County Bill to Introduce Legislation. By recommendation of the Bleckley County grand jury that the county commissioner receive $50.00 raise in salary plus $25.00 expense per month. J. R. Mullis Representative, Bleckley County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jas. R. Mullis, who, on oath, deposes and says that he is Representative from Bleckley County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cochran Journal, which is the official organ of said county, on the following dates: January 24, 1963, January 31, 1963 and February 7, 1963. /s/ Jas. R. Mullis Representative, Bleckley County Sworn to and subscribed before me, this 14th day of February, 1963. /s/ Frank E. Blankenship, Notary Public, Georgia State at Large. My Commission expires July 15, 1966. (Seal). Approved March 20, 1963.

Page 2390

DOUGLAS COUNTY STUDY COMMISSION. No. 130 (House Bill No. 338). An Act to create the Douglas County Study Commission for the purpose of making a thorough examination of all the needs and problems of Douglas County and to make specific recommendations as to the most expedient method to improve Douglas County in the future; to provide that certain persons be invited to serve as members of said commission; to provide for meetings; to provide that the recommendations be issued to certain specific organizations and that they be published; to provide that certain persons be designated to advise said commission; to authorize the governing authority of Douglas County to provide secretarial help and other expenses for said commission; to provide for public hearings and subpoena power; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created in and for the County of Douglas a commission whose purpose shall be to make a thorough examination of all the needs and problems of said county and to make specific recommendations as to satisfying these needs and solving these problems so as to assure the most efficient operation of Douglas County. Said commission shall be known as the Douglas County Study Commission. The representative of Douglas County to the House of Representatives of the State of Georgia shall be ex-officio chairman of said commission. Created. Section 2. The following officials and citizens or their representatives are hereby invited to participate in the official meetings of this commission: The chairman and board of county commissioners, sheriff, clerk of court, ordinary, tax collector, county school superintendent, county agent, president of the chamber of commerce, president of the junior chamber of commerce, president of the Lithia Springs Ruritan Club, president of the Beulah Ruritan Club, president of the Winston Ruritan Club, president of the Mount Carmel Ruritan Club, chairman of the school board, president

Page 2391

of the local unit of the GEA, president of the high school PTA, superintendent of the high school, president of the Douglas County Federal Savings and Loan Association, president of the Citizens Bank, president of the Commerce Bank, president of the Garden Club, president of the B P.W. Club, Rev. Milton Dwelle, Rev. Lloyd Jackson, Rev. Richard Waggoner, chairman of the Douglas County Planning Board, president of the REA, president of the farm bureau, chairman of the hospital authority, chairman of the housing authority, the mayor of Douglasville, and Dr. C. V. VanSant, Jr. This commission may be composed of, but not limited to, the aforementioned and those invited to participate with or give advice to this commission as official members. Members. Section 3. A majority of the persons serving as members of the commission shall constitute a quorum to do business but a less number may adjourn from time to time. The commission shall elect a chairman, vice-chairman and a secretary-treasurer from its membership. The commission shall adopt, from time to time, such rules, regulations and modes of procedure as it deems expedient for the orderly dispatch of its business. The commission shall keep minutes and records of its meetings. A monthly statement of all disbursements of the funds hereinafter provided, properly vouched for, shall be furnished to the governing authority of Douglas County. The first meeting of the commission shall be within thirty (30) days after the approval of this Act by the Governor. The governing authority of Douglas County upon application by the commission shall provide suitable office space and meeting rooms for the commission. The members of said commission shall be entitled to no compensation. Quorum, etc. Section 4. Meetings shall be held at frequent intervals upon the call of the chairman. Minutes shall be taken and recorded by the secretary. Meetings, minutes. Section 5. All recommendations shall be in writing and submitted to the members of the General Assembly representing Douglas County, to the governing authority of Douglas County, to the civic and religious groups who so

Page 2392

request, and to any others who in the judgment of the commission would be proper agents to effectuate the respective recommendations. All recommendations of the commission shall be published in the official organ of Douglas County. Recommendations. Section 6. The following named persons are hereby requested to advise the commission and to act as ex-officio members of said commission: the foreman of the current grand juries; the judge and solicitor of the superior court; the director of public welfare; the Douglas County road superintendent; the water superintendent. The commission shall have the authority to invite any other persons who in their opinion are in a position to lend valuable assistance. Ex-officio members. Section 7. Said commission shall also be authorized and is hereby urged to hold public hearings on any proposed recommendation. The time and place of said hearings shall be published in the official organ of Douglas County. The commission shall have the power to subpoena to appear before them any person who in their discretion may render necessary information pursuant to the provisions of this Act. Hearings. Section 8. The governing authority of Douglas County is hereby empowered to appropriate funds from the county treasury to supply whatever secretarial help, advisors, and other assistants requested by the commission which they in their enlightened discretion deem necessary. Said governing authority is further authorized to supply the necessary funds for the expenses of said commission. Said governing authority is hereby directed to work with the exofficio chairman in compiling and sending invitations to those persons named in section 2 of this Act for the purpose of forming said commission. Secretarial help, etc. Section 9. It is hereby found, determined and declared that the creation of the commission and carrying out of the purposes is in all respects for the benefit of the people of Douglas County either in whole or in part and is a public purpose and that the commission will be performing an

Page 2393

essential governmental function in exercising the power conferred upon it by this Act. Purpose. Section 10. This Act, being for the welfare of the citizens of Douglas County, shall be liberally construed to effect the purposes thereof. Intent. 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 in the 1963 winter session of the General Assembly legislation to create a Douglas County study commission, to provide for membership on the commission and for other purposes. Alpha A. Fowler, Jr. State Representative, Douglas County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alpha A. Fowler, Jr., who, on oath, deposes and says that he is Representative from Douglas County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel, which is the official organ of said county, on the following dates: Jan. 17, 24, 31, 1963. /s/ Alpha A. Fowler, Jr. Representative, Douglas County Sworn to and subscribed before me, this 14th day of February, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved March 20, 1963.

Page 2394

FLOYD COUNTYCLOTHING ALLOWANCE FOR SHERIFF AND DEPUTIES. No. 131 (House Bill No. 341). An Act to amend an Act entitled An Act to abolish the present mode of compensation accruing to the offices of clerk of the superior court, clerk of the city court, ordinary, sheriff of the city court, and sheriff of Floyd County, Georgia, known as the fee system, and to prescribe in lieu thereof salaries for such offices; to fix the salaries of such officers and provide the time and method of payment of the same, and funds from which payable; to provide that all emoluments accruing to each of said offices, except said salaries, shall be and become the property of said county, and said county shall be subrogated to all rights, claims and liens of said officers therefor; to provide that said officers shall undertake to collect said emoluments and shall receive and hold the same in trust for said county, and shall pay the same into the treasury of said county periodically; to provide for such officers furnishing periodic statements; to provide for the payment of operating expenses of said offices from county funds; to provide for the payments of premiums on the official bonds of said officers, and their deputies, clerks and assistants, from county funds; to provide for the employment of deputies, clerks and assistants, by said officers, and to fix their salaries and provide for the payment thereof; to authorize the employment of a comptroller, fix his salary and provide for the payment thereof, and prescribe his duties and authority; to provide that if any provision of said Act is held to be unconstitutional, such provision alone shall be invalid, and the other parts shall remain in force; to repeal all laws and parts of laws in conflict with such Act; to provide the date such Act shall become effective; and for other purposes., approved February 28, 1956 (Ga. L. 1956, p. 2754), as amended, so as to remove the provision requiring the governing authorities of Floyd County to furnish uniforms to the sheriff and each of the authorized deputies of said sheriff; to provide for a clothing allowance for the sheriff and each of the authorized

Page 2395

deputies of said sheriff from the funds of Floyd 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 abolish the present mode of compensation accruing to the offices of clerk of the superior court, clerk of the city court, ordinary, sheriff of the city court, and sheriff of Floyd County, Georgia, known as the fee system, and to prescribe in lieu thereof salaries for such offices; to fix the salaries of such officers and provide the time and method of payment of the same, and funds from which payable; to provide that all emoluments accruing to each of said offices, except said salaries, shall be and become the property of said county, and said county shall be subrogated to all rights, claims and liens of said officers therefor; to provide that said officers shall undertake to collect said emoluments and shall receive and hold the same in trust for said county, and shall pay the same into the treasury of said county periodically; to provide for such officers furnishing periodic statements; to provide for the payment of operating expenses of said offices from county funds; to provide for the payments of premiums on the official bonds of said officers, and their deputies, clerks and assistants, from county funds; to provide for the employment of deputies, clerks and assistants, by said officers, and to fix their salaries and provide for the payment thereof; to authorize the employment of a comptroller, fix his salary and provide for the payment thereof, and prescribe his duties and authority; to provide that if any provision of said Act is held to be unconstitutional, such provision alone shall be invalid, and the other parts shall remain in force; to repeal all laws and parts of laws in conflict with such Act; to provide the date such Act shall become effective; and for other purposes., approved February 28, 1956 (Ga. L. 1956, p. 2754), as amended, is hereby amended by striking the paragraph at the end of section 10 which reads as follows: In addition to the salaries provided in this Act, Floyd County, Georgia, shall, at its expense, furnish to the said sheriff and to each of said authorized deputies, while each

Page 2396

such deputy is so employed, a winter uniform and a summer uniform of such design as may be prescribed by said sheriff, and at such time or times as may be requested by said sheriff, provided, however, not in excess of one winter uniform and one summer uniform shall be furnished to any one person in any one calendar year., and inserting in lieu thereof a new paragraph to read as follows: In addition to the salaries provided in this Act, the governing authorities of Floyd County, Georgia, shall furnish to the sheriff of Floyd County and to each of the authorized deputy sheriffs of said county, while each of such deputy sheriffs is employed by Floyd County, a maintenance allowance in the sum of two hundred ($200.00) dollars per annum to be used by the sheriff and his deputies for the sole purpose of purchasing uniforms and the necessary equipment and extras connected with such uniforms. The maintenance allowance herein authorized for said sheriff and his authorized deputies shall be paid from the funds of Floyd County at such intervals as may be fixed by the governing authories of Floyd County. Any funds furnished by the governing authorities of Floyd County to the sheriff of Floyd County or any of his authorized deputies for the purpose of purchasing uniforms and the necessary equipment and extras connected with such uniforms shall be received in trust for such purpose and all sums not actually expended for the purpose of purchasing uniforms and the necessary equipment and extras connected with such uniforms shall be returned to the funds of Floyd County, and the governing authorities of Floyd County shall require an accounting of such funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia, at its session convening in January, 1963, for the enactment of a local

Page 2397

bill pertaining to the providing by the county of uniforms to the sheriff and sheriff's deputies of said county. J. Battle Hall Sidney Lowrey J. E. Red Jordan Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sidney Lowrey, who, on oath, deposes and says that he is Representative from Floyd County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News Tribune, which is the official organ of said county, on the following dates: Jan. 7, 14 21, 1963. /s/ Sidney Lowrey Representative, Floyd County Sworn to and subscribed before me, this 14th day of February, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved March 20, 1963. FLOYD COUNTYDEPUTY SHERIFFS AND JAILERS. No. 132 (House Bill No. 342). An Act to amend an Act entitled An Act to abolish the present mode of compensation accruing to the offices of clerk of the superior court, clerk of the city court, ordinary, sheriff of the city court, and sheriff, of Floyd County, Georgia, known as the fee system, and to prescribe

Page 2398

in lieu thereof salaries for such offices; to fix the salaries of such officers and provide the time and method of payment of the same, and funds from which payable; to provide that all emoluments accruing to each of said offices, except said salaries, shall be and become the property of said county, and said county shall be subrogated to all rights, claims and liens of said officers therefor; to provide that said officers shall undertake to collect said emoluments and shall receive and hold the same in trust for said county, and shall pay the same into the treasury of said county periodically; to provide for such officers furnishing periodic statements; to provide for the payment of operating expenses of said offices from county funds; to provide for the payments of premiums on the official bonds of said officers, and their deputies, clerks and assistants, from county funds; to provide for the employment of deputies, clerks and assistants, by said officers, and to fix their salaries and provide for the payment thereof; to authorize the employment of a comptroller, fix his salary and provide for the payment thereof, and prescribe his duties and authority; to provide that if any provision of said Act is held to be unconstitutional, such provision alone shall be invalid, and the other parts shall remain in force; to repeal all laws and parts of laws in conflict with such Act; to provide the date such Act shall become effective; and for other purposes., approved February 28, 1956 (Ga. L. 1956, p. 2754), as amended, so as to authorize the sheriff of Floyd County to employ one additional deputy sheriff at a monthly salary not exceeding three hundred eighty-five ($385.00) dollars per month; to remove the provision authorizing the sheriff to employ a deputy sheriff at a salary not exceeding three hundred fifty ($350.00) dollars per month; to increase the salaries of the three (3) jailers employed by the sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to abolish the present mode of compensation accruing to the offices of clerk of the superior court, clerk of the city court, ordinary, sheriff of the city court, and sheriff, of Floyd County, Georgia,

Page 2399

known as the fee system, and to prescribe in lieu thereof salaries for such offices; to fix the salaries of such officers and provide the time and method of payment of the same, and funds from which payable; to provide that all emoluments accruing to each of said offices, except said salaries, shall be and become the property of said county, and said county shall be subrogated to all rights, claims and liens of said officers therefor; to provide that said officers shall undertake to collect said emoluments and shall receive and hold the same in trust for said county, and shall pay the same into the treasury of said county periodically; to provide for such officers furnishing periodic statements; to provide for the payment of operating expenses of said offices from county funds; to provide for the payments of premiums on the official bonds of said officers, and their deputies, clerks and assistants, from county funds; to provide for the employment of deputies, clerks and assistants, by said officers, and to fix their salaries and provide for the payment thereof; to authorize the employment of a comptroller, fix his salary and provide for the payment thereof, and prescribe his duties and authority; to provide that if any provision of said Act is held to be unconstitutional, such provision alone shall be invalid, and the other parts shall remain in force; to repeal all laws and parts of laws in conflict with such Act; to provide the date such Act shall become effective; and for other purposes., approved February 28, 1956 (Ga. L. 1956, p. 2754), as amended, is hereby amended by striking subsection (b) of section 10 which read as follows: (b) Four (4) deputies, three each of a monthly salary not exceeding three hundred eighty-five dollars ($385.00) per month, and one at a salary not exceeding three hundred fifty dollars ($350.00) per month; and inserting in lieu thereof a new subsection (b) to read as follows: (b) Five (5) deputy sheriffs, each at a monthly salary not exceeding three hundred eighty-five ($385.00) dollars per month; Deputies.

Page 2400

Section 2. Said Act is further amended by striking from Subsection (e) of Section 10 the words and figures two hundred sixty dollars ($260.00) and inserting in lieu thereof the words and figures three hundred ($300.00) dollars and by striking the period (.) at the end of said subsection and inserting in lieu thereof a semicolon (;), so that when so amended subsection (e) of section 10 shall read as follows: (e) Three (3) jailers, each at a monthly salary not exceeding three hundred ($300.00) dollars per month; Jailers. 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 of the intention to introduce local legislation changing the salaries and duties of certain members of the Floyd County Sheriff's Department including jailers. J. Battle Hall Sidney Lowrey J. E. Red Jordan Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sidney Lowrey, who, on oath, deposes and says that he is Representative from Floyd County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Rome News Tribune, which is the official organ of said county, on the following dates: January 14, 21 28, 1963. /s/ Sidney Lowrey Representative, Floyd County

Page 2401

Sworn to and subscribed before me, this 14th day of February, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved March 20, 1963. CIVIL AND CRIMINAL COURT OF TROUP COUNTYBONDS. No. 133 (House Bill No. 343). An Act to amend an Act creating the Civil and Criminal Court of Troup County, approved March 6, 1962 (Ga. L. 1962, p. 3020), so as to provide that the judge, in his discretion, may require sureties on personal appearance bonds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Civil and Criminal Court of Troup County, approved March 6, 1962 (Ga. L. 1962, p. 3020), is hereby amended by adding at the end of section 18 the following: The Judge of the Civil and Criminal Court of Troup County shall have the power, in his discretion, to require or not to require a surety or sureties on the personal appearance and recognizance bonds of persons charged with an offense or offenses returnable to said court for trial. Bonds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1963 session of the General Assembly of Georgia, a bill to provide that the judge of the Civil and Criminal

Page 2402

Court of Troup County, in his discretion, may require sureties on personal appearance bonds; to repeal conflicting laws; and for other purposes. This 28th day of January, 1963. /s/ Harry R. Spikes Representative, Troup County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry R. Spikes, who, on oath, deposes and says that he is Representative from Troup County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News, which is the official organ of said county, on the following dates: Jan. 29, 5 12, 1963. /s/ Harry R. Spikes Representative, Troup County Sworn to and subscribed before me this 14th day of February, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved March 20, 1963. CITY OF WEST POINTVOTER REGISTRATION. No. 134 (House Bill No. 353). An Act to amend an Act creating a new charter for the City of West Point, approved December 13, 1900 (Ga. L. 1900, p. 474), as amended, so as to provide for a board of city registrars; to provide the qualifications for registering

Page 2403

; to provide the duties of the board of registrars; to provide their compensation; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of West Point, approved December 13, 1900 (Ga. L. 1900, p. 474), as amended, is hereby amended by striking therefrom section 50 in its entirety and inserting in lieu thereof a new Section 50 which shall read as follows: Section 50. There is hereby created a board of city registrars for the City of West Point, Georgia. Said board shall be comprised of three members who shall be appointed by the mayor with the advice and consent of the board of aldermen. The board of registrars shall serve for a term of six years. The registrars shall keep a book of registration which shall contain the names of all persons qualified to vote in municipal elections in the City of West Point. All eligible voters shall register with the board of registrars at such times and places as shall be prescribed under the rules promulgated by the board of mayor and aldermen of the City of West Point. Having once registered with the city board of registrars eligible voters shall not be required to register each year, but their names shall remain on the city registrar's rolls so long as they remain a citizen of West Point, and comply with the qualifications set up by the laws of the State of Georgia for qualified voters. In the event a vacancy should occur on said board the same shall be filled by appointment by the mayor with the advice and consent of the board of aldermen for the unexpired term. Should the board of registrars or any individual registrar fail to discharge the duties of his office then he may be removed by the mayor and the board of aldermen and another appointed to fill the vacancy created thereby. Board of Registrars. Section 2. Said Act is further amended by striking therefrom section 51 in its entirety and substituting in lieu thereof a new section 51 which shall read as follows: Section 51. That any and all applicants for registration shall be of the age of eighteen years and upwards and shall

Page 2404

have paid all taxes, State, county and municipal, which shall have been required of him, and which they may have had an opportunity of paying according to law, and no one shall be allowed to register unless previously to making application to register, they have permanently resided within the corporate limits of said city at least six months and in the State twelve months, next preceding said election. Voter qualifications. Section 3. Said Act is further amended by striking therefrom section 52 in its entirety and substituting in lieu thereof a new section 52 which shall read as follows: Section 52. That it shall be the duty of the board of registrars to furnish a list of said registered voters to the managers of any and all elections to be held in said city and no person shall vote at such election unless his name appears on said register, and any person swearing falsely or using any fraudulent means in registering shall be liable to any and all the pains and penalties prescribed by law for perjury or illegal voting and all laws in relation to elections in said city now in force and not conflicting with the provisions of this Act shall remain in force and that this Act shall apply only to elections held in said city for municipal purposes and not apply to county and State elections. Voter lists. Section 4. Said Act is further amended by striking therefrom section 53 in its entirety and substituting in lieu thereof a new section 53 which shall read as follows: Section 53. That the said registrars before entering upon the duties imposed in this Act shall take and prescribe to an oath to let no person register as a voter in said city unless qualified, according to the provisions of this Act and that the city council of West Point may compensate said registrars for their services as such registrars. Oath and compensation of registrars. 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 of the intention to apply to the General Assembly of Georgia, at its session beginning in

Page 2405

January, 1963, 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. of 1900, p. 474), and the several Acts amendatory thereof, so as to authorize the City of West Point to create a board of registrars; to define their powers and duties; to provide the procedure connected therewith; and for other purposes. City of West Point /s/ By John Thomas Morgan John Thomas Morgan, Mayor Attest: John F. Meadors John F. Meadors City Clerk Before me the undersigned authority in and for said county and state personally appeared Johnston C. Woodall, who being duly sworn deposes and says as follows, to-wit: I hereby certify that I am the publisher of The Harris County Journal, the official organ of Harris County, Georgia, and that there was advertised in the Harris County Journal a notice of Intention to Introduce Local Legislation, that said notice appeared once a week for three weeks in the Harris County Journal on Jan. 31, Feb. 7, 14, as provided by law. A copy of said notice is attached hereto. Signed this 14th day of February, 1963. /s/ Johnston C. Woodall Sworn to and subscribed before me, this 14 day of February, 1963. /s/ Sarah Ellen Burns Notary Public. (Seal). State of Georgia, Troup County. Before me the undersigned authority in and for said

Page 2406

county and state personally appeared Glen S. Long, who being duly sworn deposes and says as follows, to-wit: I hereby certify that I am the Publisher of The LaGrange Daily News, the official organ of Troup County, Georgia, and that there was advertised in The LaGrange Daily News a notice of Intention to Introduce Local Legislation that said notice appeared once a week for three weeks in The LaGrange Daily News on Jan. 25, 1963, Feb. 1, 1963, Feb. 8, 1963, as provided by law. A copy of said notice is attached hereto. Signed this 11th day of February, 1963. /s/ Glen S. Long Sworn to and subscribed before me, this 12th day of Feb., 1963. /s/ Eleanor H. Orr Notary Public. (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, 1963, 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. of 1900, page 474), and the several Acts amendatory thereof, so as to authorize the City of West Point to create a board of registrars; to define their powers and duties; to provide the procedure connected therewith; and for other purposes. City of West Point /s/ By John Thomas Morgan John Thomas Morgan, Mayor Attest: /s/ John F. Meadors John F. Meadors City Clerk.

Page 2407

State of Georgia, Troup County. Before me the undersigned authority in and for said county and state personally appeared Doyle E. Shirley, who being duly sworn deposes and says as follows, to-wit: I hereby certify that I am the Publisher of the Valley Times News, and that there was advertised in the Valley Times News a notice of Intention to Introduce Local Legislation, that said notice appeared once a week for three weeks in the Valley Times News on January 25, 1963, February 1, 1963 and February 8, 1963, as provided by law. A copy of said notice is attached hereto. Signed this 11th day of February, 1963. /s/ Doyle E. Shirley Sworn to and subscribed before me, this 11 day of February, 1963. /s/ Eugenia B. Butler Notary Public. My Commission expires April 14, 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, 1963, 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. of 1900, page 474), and the several Acts amendatory thereof, so as to authorize the City of West Point to create a Board of Registrars; to define their powers and duties; to provide the procedure connected therewith; and for other purposes. City of West Point /s/ John Thomas Morgan, Mayor Attest: John F. Meadors, City Clerk. Approved March 20, 1963.

Page 2408

CITY OF ATLANTACORPORATE LIMITS. No. 135 (House Bill No. 356). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874 (Ga. L. 1874, p. 116), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Atlanta, approved February 28, 1874, (Ga. L. 1874, p. 116), as amended, is hereby amended by changing the corporate limits of the City of Atlanta so that, in addition to the area already embraced, the corporate limits of the City of Atlanta shall also include all that area embraced and lying within the following described tract: All that tract or parcel of land lying and being in land lots 94, 119 and 120 of the 17th district of Fulton County, Georgia and being more particularly described as follows: Beginning at a point on the south land lot line of land lot 119, which point is also the point formed by the intersection of the westerly side of Lake Forrest Drive with the present northerly limits of the City of Atlanta line; thence westerly along the southerly land lot line of land lot 119, 383 feet; thence north 0 degrees 40 minutes west, 299.7 feet to the northerly line of the north side of Barbara Lane; thence westerly and southwesterly following the northerly side of Barbara Lane, 137.5 feet; thence north 28 degrees 35 minutes west 334.3 feet; thence north 76 degrees 05 minutes west 159.2 feet; thence north 28 degrees 04 minutes west 255.4 feet to the northwesterly side of Worth Drive; thence southwesterly following the northwesterly side of Worth Drive, 120 feet; thence north 28 degrees 20 minutes west 243.9 feet; thence north 63 minutes 35 minutes east, 308 feet; thence north 33 degrees 14 minutes west, 229.8 feet; thence north 33 degrees 31 minutes west 290 feet; thence north 45 degrees 46 minutes west

Page 2409

580.5 feet; thence north 38 degrees 05 minutes west 465.2 feet; thence north 38 degrees 32 minutes west 164.1 feet; thence north 53 degrees 20 minutes west 245.4 feet; thence north 31 degrees 45 minutes west 100 feet; thence north 38 degrees 09 minutes west 347.4 feet; thence north 51 degrees 19 minutes east; 315.2 feet to the northeasterly side of Forrest Lake Drive; thence southeasterly following the curvature of the northeasterly side of said Forrest Lake Drive 883 feet; thence south 0 degrees 27 minutes west 233 feet; thence south 59 degrees 03 minutes east 873 feet; thence south 28 degrees 20 minutes east 650 feet; thence south 46 degrees 27 minutes east 681 feet to the easterly side of Lake Forrest Drive; thence southerly following the easterly side of Lake Forrest Drive 1003 feet to a point on the southerly line of Land Lot 119; running thence westerly along the southerly line of said Land Lot 119 a distance of 60 feet to a point on the westerly side of Lake Forrest Drive and the point of beginning; all as shown on plat of survey by C. E. Abercrombie, Registered Surveyor, No. 879, plat dated November 27, 1962. Section 2. 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 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

Page 2410

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 1963 session of the General Assembly of Georgia, which convenes on Monday, January 14, 1963, 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, 1962. J. C. Savage, City Attorney City of Atlanta This 24 day of January, 1963. /s/ Ralph McClelland Sworn to and subscribed before me, this the 24th day of January, 1963. /s/ Fanny Lee Garrett Notary Public. (Seal). Approved March 20, 1963.

Page 2411

CITY OF VIENNAAD VALOREM TAX. No. 136 (House Bill No. 357). An Act to amend an Act found in Georgia Laws 1915, published by authority, at pages 899 to 941, inclusively, creating a charter for City of Vienna, as variously amended, so as to empower its governing authorities to prescribe by ordinance the assessment, levy and collection of an ad valorem tax on all classes of property subject to taxation within its corporate limits not to exceed one and one-half per centum for the purpose of raising revenue to defray the support and maintenance of the municipal government, to repeal conflicting laws, and for other purposes therein-mentioned. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act of the General Assembly approved 16 August 1915, found in Georgia Laws 1915, published by authority, at pages 899 to 941, inclusively, 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 Vienna, are hereby empowered to prescribe by ordinance in each year the assessment, levy and collection of an ad valorem tax on all classes of property subject to taxation within its corporate limits not to exceed one and one-half per centum for the purpose of raising revenue to defray the support and maintenance of its municipal government. Ad valorem tax. Section 2. The governing authorities of the within named municipality are hereby empowered to provide by ordinance from time to time when annual ad valorem taxes are due and when writ of execution may issue after the taxes become due. Procedure. Section 3. The governing authorities of the within named municipality are authorized and empowered to prescribe a penalty to be assessed in cases where any person charged with the duty of making ad valorem tax returns willfully

Page 2412

fails so to do, and to provide that such penalty may be added to the tax and subject to be enforced in the same manner as the tax. Same. Section 4. All laws in conflict with this enactment are hereby repealed to the extent of the conflict. Section 5. 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, 26 January 1963, of intention to apply at present session of General Assembly for passage of bill to be entitled An Act to amend an Act found in Georgia Laws 1915, published by authority, at pages 899 to 941, inclusively, creating a charter for city of Vienna, as variously amended, so as to empower its governing authorities to prescribe by ordinance the assessment, levy and collection of an ad valorem tax on all classes of property subject to taxation within its corporate limits not to exceed one and one-half per centum for the purpose of raising revenue to defray the support and maintenance of the municipal government, to repeal conflicting laws, and for other purposes therein-mentioned. T. I. Sangster, Representative from Dooly County. Affiant herein, namely: Mrs. Madge H. Methvin, appeared before the undersigned authority empowered to administer oaths and being first duly sworn on oath says on oath that she 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 true, exact and perfect copy is herewith shown) was

Page 2413

duly and in terms of law published in the issues of the withinnamed Vienna News dated respectively 31 January 1963, 7 February 1963, and 14 February 1963, 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 15 February 1963: as witness my signature officially with my notarial seal. /s/ Roy B. Friedin Commercial Notary Public, Dooly County, Georgia; term is in force to 28 April 1966. (Seal). Approved March 20, 1963. CITY OF CENTERVILLESALARIES OF MAYOR AND COUNCILMEN. No. 137 (House Bill No. 368). An Act to amend an Act creating and incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), so as to increase the maximum salary 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 creating and incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), is hereby amended by striking in its entirety section 3 and substituting in lieu thereof a new section 3 to read as follows: Section 3. The governing authority of said corporation shall consist of a mayor and four (4) councilmen, whose salaries shall be fixed by the governing authority at a maximum of three hundred ($300.00) dollars per year for the

Page 2414

mayor and one hundred seventy-five ($175.00) dollars for each councilman. Section 2. 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 Introduce Local Legislation, City of Centerville salary bill, was published in The Houston Home Journal on the following dates: Jan. 17, 24 and 31, 1963. This 8th day of February, 1963. /s/ Cooper Etheridge Publisher, Houston Home Journal, Perry, Georgia Sworn to and subscribed before me, this 8th day of February, 1963. /s/ Dallie J. Jackson My Commission expires Nov. 19, 1965. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1963 session of the General Assembly of Georgia, a bill to amend the charter of the City of Centerville to increase the maximum salary for mayor and for members of council. This the 12th day of January, 1963. Paul Stalnaker, Representative Post No. 1 Houston County, Georgia. Approved March 20, 1963.

Page 2415

CHARLTON COUNTYCOMPENSATION OF EMPLOYEES. No. 138 (House Bill No. 370). An Act to provide that the governing authority of Charlton County shall be authorized to supplement the compensation of all county employees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of Charlton County is hereby empowered to supplement the compensation received by all county employees, county officers, and employees of any other department or governmental agency whose salary is supplemented by Charlton County, provided such supplementary compensation does not exceed $5.00 per month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that I intend to introduce in the January 1963 session of the Georgia General Assembly, a bill which will authorize the Charlton County commissioners of roads and revenue to supplement the salary, fees, wages or pay, in an amount not to exceed five dollars per month, of all county officers, employees, and employees of other departments whose pay is supplemented by Charlton County; and for other purposes. This 19th day of January, 1963. H. Ben Rodgers, Representative, Charlton County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Ben Rodgers,

Page 2416

who, on oath, deposes and says that he is Representative from Charlton County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Charlton County Herald, which is the official organ of said County, on the following dates: January 5, 12, and 19, 1963. /s/ H. Ben Rodgers Representative, Charlton County Sworn to and subscribed before me, this 18th day of February, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved March 20, 1963. CITY OF MORROWCHARTER AMENDED. No. 139 (House Bill No. 379). An Act to amend an Act approved March 2, 1943, incorporating the City of Morrow (Ga. L. 1943, pp. 1453 and 1457) and Acts amendatory thereof: to provide for mayor and council; to provide for the city government; to provide for the city election and the hours of opening and closing of the polls; to provide for the city clerk and mayor giving indemnity bond; to authorize governing body to establish an annual salary for the mayor and councilmen; to increase the number of councilmen, establish their term of office and to repeal any and all laws in conflict herewith and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same:

Page 2417

Section 1. Government to Consist of Mayor and Council : Section 1 of the Acts approved March 28, 1961, pages 2490-2491 is hereby amended by striking this section in its entirety and substituting therefor the following language so that such section shall read as follows: The municipal government of the City of Morrow, Georgia, and its corporate powers shall be vested in and exercised by a mayor and four councilmen from the city as now laid out or as may be hereafter constituted, including any new territory that may be hereinafter added, and said mayor and council, as a body, shall be known as City Council and they shall hold office as hereinafter provided. The mayor and council provided for in this Act shall be elected at the next annual election to be held on the first Saturday in December, 1963, and shall take office on January 1, 1964, and term of office of said mayor and councilmen shall be for two years, except as hereinafter provided, or until their successors in office are elected and qualified. Nothing herein shall change the term of office of either the mayor or any councilmen presently serving. This Act creates one new office for councilmen and said new councilmen shall be elected at the December election of 1963 and take office on January 1, 1964, and his term of office shall be for one year on the first election, and thereafter said councilmen or his successor in office will be elected for a two year period as all other councilmen are elected for. This being a term so that the terms of councilmen shall be staggered so that not more than two shall expire at any one year. Terms of office of the incumbent councilmen shall not be changed and they shall serve until their successors in office are qualified and each councilman elected shall thereafter serve for a two-year term of office. Each councilman and the mayor at the time of his election must have been a resident of the City of Morrow for at least one year. The mayor and councilmen shall be elected by the entire majority vote of the city. In the event that the office of said mayor or either of said councilmen shall become vacant by death, removal, resignation or otherwise, the city council shall by resolution order an election to fill said vacancy and shall give at least ten days notice thereof in the newspaper in Clayton County, designated for the sheriff's legal notices, and the

Page 2418

election so held shall be in the same manner as ordinary municipal elections provided, however, that if any of said offices shall become vacant at any time within three months of the term of expiration of office of said councilmen or mayor, the council shall have the right and power to fill said office for the remainder of the term by selection by the remaining councilmen and mayor without submitting the same to the voters of the city. Section 2. Election of Mayor and Councilmen, Time and Place of holding said election, Election managers : Be it further enacted that section 16 at page 2786 of the Georgia Laws of 1955 approved March 4, 1955, is hereby amended by striking this section in its entirety and substituting therefor the following language so that said section will read as follows: Be it further enacted that the city election herein provided for shall be held at some public place to be designated by the mayor and council in said city and shall be held between the hours of 7 A.M. and 7 P.M. on the first Saturday in December in 1963 and annually on the same day and at the same hours in succeeding year. Said election shall be held by three managers, to be appointed by mayor and council, who must be over twenty-one years of age, residents of said city, who are qualified voters and property owners of said city. Said election shall otherwise be conducted as elections for the member of the General Assembly of Georgia. All persons who are qualified voters for the members of the General Assembly of Georgia and who are registered voters of the City of Morrow shall be qualified to vote in said election. Section 3. Holding of meetings of city council, What constitutes a quorum, And who may vote on the council : Be it further enacted that section 5 of an Act approved on March 2, 1943 at page 1455 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 hold regular monthly meetings, call meetings may be held when so desired to conduct the government of the city. The regular meetings shall be set the same day and at the same hour of each month (except when it falls on a legal holiday and then

Page 2419

said meeting shall be held the following day) at a public place designated by the governing body and any three members of the governing body, either two councilmen and the mayor or three councilmen shall constitute a quorum for the conducting of city business. Votes on all business brought before the city council will be by a majority and the mayor shall have the right to vote in any case where there is a tie vote. All laws and ordinances passed by the governing body shall be presented in written form to the city council at regular session, and in order to become law shall receive a majority vote of the city council, after which said ordinance shall be recorded in the minute book of the city. Section 4. Mayor and city clerk give indemnity bond . The mayor and city clerk are hereby required to give bond in the amount of $5,000.00 each to indemnify the city against loss. Bond premium on said bonds shall be paid out of the city treasury as a general expenditure. Said bonds shall be made payable to the councilmen of said city. Section 5. Salaries of mayor and council : The salary of the members of the mayor and council shall be set (or the same will remain the same) in November of each year by the said governing body before newly elected members take office; said salary to be for the next ensuing year and which shall not be increased during the year for which it is set. However, the present mayor and council shall have the right to set the amount of salary to be received by the governing authority of said city during the year of 1963 and to prescribe the manner and time of payment. The salary for councilmen shall not exceed one hundred twenty-five dollars ($125.00) per annum and the salary for mayor shall not exceed two hundred dollars ($200.00) per annum. Section 6. Repeal of conflicting laws : Any and all laws in conflict herewith are expressly repealed. Georgia, Clayton County. Personally appeared before me, the undersigned, an officer duly authorized to administer oath, came John R. McCannon,

Page 2420

author of the attached bill, who after 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 or published once a week for three weeks, during the period of sixty (60) days immediately preceding its introduction into the General Assembly, as is required by Article 3, Section 7, Paragraph 15 of the Constitution of the State of Georgia: The following is a printed copy of the published notice: Notice is Hereby Given of Intention to Apply for Local Legislation. Notice is hereby given that the City of Morrow, County of Clayton, will apply to the session of the General Assembly of Georgia convening in January, 1963, for passage of local legislation to amend an Act. 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 election and the hours of opening and closing of the polls; to provide for the city clerk and mayor giving bond; to authorize the outgoing governing body to establish an annual salary for the mayor and councilmen; to increase the number of councilmen and to establish their terms of office; to repeal any and all laws in conflict herewith, and for other purposes. /s/ John R. McCannon J. E. Matthews, Jr., Mayor City of Morrow By John R. McCannon Attorney for the City of Morrow Sworn to and subscribed before me, this the 14th day of February, 1963. /s/ Shirley Daniel Notary Public, Georgia, State at Large. My Commission expires Aug. 24, 1964. (Seal).

Page 2421

State of Georgia, County of Clayton. Publisher's Affidavit. Before me, the undersigned, an officer authorized to administer oaths, came J. Herman House, Jr., who, being first duly sworn, according to law, says that he is the publisher of the Forest Park News, 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 January 31, 1963, and once a week thereafter for two weeks as provided by law. /s/ J. Herman House, Jr. 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, 1963, for passage of local legislation to amend an Act. An Act to Incorporate the City of Morrow, (Ga. L. of 1943 pp. 1453) and all Acts amendatory thereof 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 election and the hours of opening and closing of the polls; to provide for the city clerk and mayor giving bond; to authorize the outgoing governing body to establish an annual salary for the mayor and councilmen; to increase the number of councilmen and to establish their terms of office; 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 John R. McCannon Attorney for the City of Morrow

Page 2422

Sworn to and subscribed before me, this theday of February, 1963. /s/ Ida B. Holcomb Notary Public. (Seal). Approved March 20, 1963. LUMPKIN COUNTYSALARY OF TAX COMMISSIONER. No. 141 (House Bill No. 521). An Act to amend an Act consolidating the office of tax receiver and the office of tax collector of Lumpkin County into one office of tax commissioner of said county, approved August 24, 1931 (Ga. L. 1931, p. 523), as amended, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 2928), and an Act approved April 5, 1961 (Ga. L. 1961, p. 2818), so as to change the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the office of tax receiver and the office of tax collector of Lumpkin County into one office of tax commissioner of said county, approved August 24, 1931 (Ga. L. 1931, p. 523), as amended, particularly by an Act approved March 21, 1958 (Ga. L. 1958, p. 2928), and an Act approved April 5, 1961 (Ga. L. 1961, p. 2818), is hereby amended by striking from section 6 the figures $3,300.00, and inserting in lieu thereof the figure $3,600.00, so that when so amended section 6 shall read as follows: Section 6. Be it further enacted by the authority aforesaid that the compensation of the county tax commissioner of Lumpkin County, Georgia shall be $3,600.00 per annum to be paid in equal monthly installments by the fiscal authority of Lumpkin County. This compensation shall be

Page 2423

in lieu of all fees, commissions or any other compensation heretofore received by said tax commissioner. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced at the 1963 session of the General Assembly of Georgia to amend an Act consolidating the office of tax receiver and the office of tax collector into one office of tax commissioner of said county; to repeal conflicting laws; and for other purposes. This the 6th day of February, 1963. Fred C. Jones, Jr. Representative, Lumpkin County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred C. Jones, Jr., who, on oath, deposes and says that he is Representative from Lumpkin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nuggett, which is the official organ of said county, on the following dates: Feb. 15, 22 March 1, 1963. /s. Fred C. Jones, Jr. Representative, Lumpkin County Sworn to and subscribed before me, this 4th day of March, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved March 20, 1963.

Page 2424

CITY OF SMYRNACHARTER AMENDED. No. 142 (House Bill No. 529). An Act to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended particularly by an Act approved February 25, 1953 (Ga. Laws 1953, Jan.-Feb. Session, p. 2591), and an Act approved March 4, 1955 (Ga. L. 1955, p. 2656), and an Act approved February 13, 1956 (Ga. L. 1956, Vol. 2, p. 2265), and an Act approved March 5, 1957 (Ga. L. 1957, Vol. 2, p. 2540), and an Act approved February 11, 1958 (Ga. L. 1958, Vol. 2, p. 2032), and also an Act approved March 25, 1959 (Ga. L. 1959, Vol. 2, p. 3217), and also an Act approved March 17, 1960 (Ga. L. 1960, Vol. 2, p. 2505), and an Act approved March 28, 1961 (Ga. L. 1961, Vol. 2, p. 2571), and an Act approved March 2, 1962, (Ga. L. 1962, Vol. 2, p. 2550) so as to amend said charter, as amended, in order to change one of the punishments authorized in said charter; and also to amend said charter, as amended, so as to authorize the mayor and council of the city to exercise at their option the authority of a board of lights and waterworks provided for in the charter; and also to amend said charter, as amended, so as to provide that just and adequate compensation for property taken and damaged by the mayor and council of Smyrna for public use shall be determined under the Code of the State of Georgia of 1933 and all Acts amendatory thereof; and also to amend said charter, as amended, so as to authorize the mayor and council to elect one or more, but not to exceed three, tax assessor, or assessors for the City of Smyrna and to provide methods of appeal from assessments by dissatisfied property owners; and also to amend said charter, as amended, so as to provide a method of filling a vacancy in the office of chief of departments of said city which are covered by the civil service provisions of said charter; and also to amend said charter, as amended, to add a new section to be known as section 78 of said charter in order to authorize the mayor and council to exempt from taxation by the City of Smyrna the homestead of certain residents of the City of Smyrna; and also to amend said

Page 2425

charter, as amended, to add a new section to said charter to be known as section 4 (j) of said charter in order to increase the corporate limits of the City of Smyrna; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. Laws 1931, p. 955) as amended, by all Acts amendatory thereof, is hereby amended by deleting the words one hundred dollars in the third sentence of section 35 of the charter of the City of Smyrna, as amended, and by adding thereto the following language so that when amended said sentence in section 35 of said charter shall read as follows: Said court shall have the power to punish violations of this charter, or of any ordinance of said city, by a fine not to exceed two hundred dollars, by imprisonment in the city jail not to exceed ninety days, or by work on the streets, sidewalks, or public works of said city of Smyrna, not to exceed thirty days, or by one or more or all of these punishments, as the recorder may in his discretion see fit to impose; provided, however, that all violations of city ordinances for which the defendant shall be entitled to a trial by jury upon being bound over to a higher court shall be punished by a fine not to exceed three hundred dollars, by imprisonment in the city jail not to exceed 90 days or work on the streets, sidewalks or public works of the city not to exceed 30 days or by one or more or all of these punishments as the recorder may in his discretion see fit to impose in the event the defendant voluntarily waives trial by jury and is found guilty by the city recorder upon a trial in said recorder's court. The fines imposed under this section may be collected by execution against the defendant and against his property. Violations of ordinances, punishment. Section 2. An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955, et seq.) as amended, by all Acts amendatory thereof, is further amended by adding the following sentence at the end of section 45 of said charter, as amended:

Page 2426

The mayor and council of the city shall have and exercise, at their option, all of the authority and power vested in the board of lights and waterworks under this charter and all actions heretofore taken by the mayor and council of the city in the exercise of these powers and duties of the board of lights and waterworks are hereby ratified and confirmed as lawful and binding acts as if the same had been performed by such board., so that section 45 of said charter, as amended, shall read as follows: Section 45. Be it further enacted, that said board of lights and waterworks shall have exclusive control and management of the construction, equipage, and maintenance of a sewer system for said city, and to cause connections to be made to public sewers, and to provide for the sanitary conditions of the same. The mayor and council of the city shall have and exercise, at their option, all of the authority and power vested in the board of lights and waterworks under this charter and all actions heretofore taken by the mayor and council of the city in the exercise of these powers and duties of the board of lights and waterworks are hereby ratified and confirmed as lawful and binding acts as if the same had been performed by such board. Board of Lights and Waterworks. Section 3. An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955 et seq.) as amended by all Acts amendatory thereof, is further amended by deleting section 49 of said charter and substituting in lieu thereof the following section which shall be hereafter known and designated as section 49 of said charter and read as follows: Section 49. Be it further enacted that just and adequate compensation for property taken or damaged by said mayor and council for public use shall be ascertained, fixed and determined under and by virtue of the rules of law now in force in this State as embraced in the Code of the State of Georgia of 1933 and all Acts amendatory thereof, which are hereby made a part of this section as fully and to the same extent as if said provisions of law were set out herein. Eminent domain. Section 4. An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955

Page 2427

et seq) as amended by all Acts amendatory thereof, is further amended by deleting section 52 of said charter and substituting in lieu thereof the following section which shall hereafter be known and designated as section 52 of said charter and read as follows: Section 52. Be it further enacted, that the mayor and council are authorized and empowered to elect one or more, but not to exceed three, resident freeholders in the City of Smyrna, as tax assessor, or assessors, who shall value and assess all property within the City of Smyrna subject to taxation. Said assessor, or assessors, shall hold office for such period of time and receive such compensation for his or their services as the Mayor and council of said city may determine. Said tax assessor, or assessors, as the case may be, shall, before entering upon the discharge of such duties, take and subscribe an oath before an officer authorized to administer oaths to fairly, justly and impartially appraise all property within said city subject to taxation. This oath shall be filed with the clerk of the city and entered by him upon the minutes of the mayor and council. The tax assessor, or assessors, shall make a list of all property appraised in the city showing the name of the owner and the amount of the assessment of his property and this list shall be posted in a conspicuous place in the city hall of the city for public inspection upon completion of the assessments. All persons dissatisfied with the value placed on their property shall appear before said tax assessor, or assessors, and produce evidence on the value of the property and the decision of said assessor, or assessors, after hearing evidence shall be final, unless appealed by the owner in the manner hereinafter provided in this section. The tax assessor, or assessors, shall hold a public hearing each year within twenty (20) days from the date of posting of the list of assessments for the purpose of considering evidence of value of properties submitted by dissatisfied property owners who have filed with the city clerk written notice of appeal within 15 days after the list of assessments has been posted in the city hall as hereinabove provided. Any person whose property has been assessed, if dissatisfied therewith, shall have the right to appeal from the assessment as finally determined by the tax assessor, or assessors,

Page 2428

after such hearing, by notifying mayor and council in writing of appeal within ten days after the final decision of the tax assessor or assessors, and appointing a representative appraiser. Upon receiving timely appeals, the mayor and council shall appoint a representative appraiser on behalf of the city and the appraisers so elected shall appoint a third person to act as an arbitrator to decide upon a fair valuation of said property in the event the two representative appraisers cannot agree on a fair valuation of the property in dispute. The representative appraisers and the arbitrator must be resident freeholders of the City of Smyrna, and their decision on a fair evaluation of the property shall be final and shall be made prior to closing of the tax books of the city for that year. Tax assessors. Section 5. An Act creating a new charter for the City of Smyrna, approved August 17, 1931 (Ga. L. 1931, p. 955 et seq.) as amended, by all Acts amendatory thereof, is further amended by adding a new paragraph to section 77 of the charter of the City of Smyrna, as amended, between paragraphs 9 and 10 of said section which shall be known and designated as paragraph 9(a) of section 77 of said charter, as amended, and shall read as follows: Paragraph 9(a). Should a vacancy occur in the office of chief of the fire department or chief of the police department, or in the office of chief of any other department under civil service in the City of Smyrna, said vacancy shall be filled in the same manner as in the case of any other member of departments under civil service in said city, except that submission of names of qualified eligible applicants shall be made to the mayor and council in open session by a member or members of the civil service board together with any comments that such board or any member thereof cares to make concerning the appointment. Mayor and council may select one of the three names submitted, or may reject all names and ask the civil service board for qualified eligible applicants for the office of chief, until the vacancy has been filled. Vacancies in offices of chief of departments. Section 6. An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955

Page 2429

et seq.) as amended, by all Acts amendatory thereof, is further amended by adding a new section to said charter of the City of Smyrna, as amended, to be known and designated as section 78 which shall read as follows: Section 78. The mayor and council of the City of Smyrna shall be authorized to exempt from taxation by the City of Smyrna, for the year 1963 and subsequent years, except for school purposes and to pay interest on and retire bonded indebtedness, the homestead of each resident of the City of Smyrna actually occupied by the owner as a residence and homestead, and so long as actually occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, provided said owner is at least sixty-five (65) years of age and has been a resident of the City of Smyrna for a period of not less than ten (10) years at the time of application by said owner for such exemption. Homestead exemptions. Section 7. An Act creating a new charter for the City of Smyrna, approved August 27, 1931, (Ga. L. 1931, p. 955 et seq.) as amended, by all Acts amendatory thereof, is further amended by adding a new section to said charter of the City of Smyrna, as amended, to be known and designated as section 4(j) which shall be inserted between section 4(i) and section 5 of said charter, as amended, and which shall read as follows: Section 4(j). 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), 4(h), and 4(i) of this Act, as amended, all of the area embraced within the following described parcels and tracts of land. Corporate limits. Parcel One . All that tract or parcel of land lying and being in land lot 776 of the 17th land district, 2nd section, of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the north line of land lot 776, 165.0 feet west from the northeast corner of said land lot 776, and running thence west along the north line of said

Page 2430

land lot 776 a distance of 825.0 feet to a point; running thence in a southerly direction a distance of 1251.5 feet to a point on the north side of Spring Street; running thence in an easterly direction along the north side of Spring Street a distance of 825.0 feet to a point; running thence in a northerly direction a distance of 1246.7 feet to the north line of land lot 776 and the point of beginning. Said property containing 23.64 acres. Parcel Two . All that tract or parcel of land lying and being in land lots 776 and 809 of the 17th land district, 2nd section, of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point at the intersection of the north line of Spring Road and the line separating land lots 776 and 809, and running thence north 89 55[UNK] west a distance of 165 feet; thence north a distance of 1238.0 feet to a point; thence south 89 55[UNK] east, a distance of 502.8 feet; thence south 0 21[UNK] 30[UNK] west, a distance of 1038 feet; thence north 89 55[UNK] west, a distance of 100 feet; thence south 0 21[UNK] 30[UNK] west a distance of 200 feet; thence north 89 55[UNK] west a distance of 230 feet to the point of beginning. Parcel Three . All that tract or parcel of land lying and being in land lot 485 of the 17th district, second section of Cobb County, Georgia: Beginning at an iron pin located on the southwesterly side of King Springs Road three hundred eighty-eight and five-tenths (388.5) feet northwesterly, as measured along the southwesterly side of King Springs Road, from the point of intersection of the southwesterly side of King Springs Road and the south line of land lot 485; said point of beginning also being the southeast corner of property conveyed to N. Memory Chadwick and Mary D. Chadwick by deed which is recorded in deed book 188, page 198, Cobb County records; thence running northwesterly along the southwesterly side of King Springs Road eighty-one and seven-tenths (81.7) feet to an iron pin, which point is also seven hundred ninety-five (795) feet southeasterly, as measured along the southwesterly side of King Springs Road, from the

Page 2431

southwest corner of the intersection of King Springs Road and Concord Road; thence southwesterly, forming an interior angle of 93 degrees 10 minutes with the preceding court two hundred fifty-eight and five-tenths (258.5) feet to an iron pin; thence southeasterly thirty-four (34) feet to an iron pin located on the northerly line of the above mentioned Chadwick property; thence easterly along the northerly side of said Chadwick property two hundred sixty-two and five-tenths (262.5) feet to an in iron pin located on the southwesterly side of King Springs Road and the point of beginning. Parcel Four . All that tract or parcel of land lying and being in land lot 555 of the 17th land district, 2nd section, of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point located on land lot line separating land lot 555 and 554 that is 163.4 feet west of the common corner of land lots 555, 554, 598, and 599 which is also the intersection of easterly line of a 10 feet easement and the line separating land lots 555 and 554; thence in a northerly direction 248.5 feet to the south edge of a cul de sac, known as Colby Court; thence west and northerly along the perimeter of said court having an arc distance of 129 feet to an iron pin; thence southwesterly a distance of 221 feet to an iron pin; thence southwesterly along a creek easement a distance of 337 feet to an iron pin on land lot line separating 554 and 555; thence easterly 73.6 feet to an iron pin on westerly side of drainage easement; thence 10 feet to point of beginning. Parcel Five . All that tract or parcel of land lying and being in land lot 526 of the 17th land district, 2nd section, of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point located on the westerly side of Lee Street that is a distance of 600 feet south of the land lot line separating land lots 525 and 526; thence westerly a distance of 185 feet to an iron pin which is on the existing city limits line; thence south a distance of 100 feet along

Page 2432

existing city limits line; thence south a distance of 100 feet along existing city limits line to an iron pin; thence east, a distance of 194.4 feet to an iron pin on the westerly side of Lee Street; thence northerly along the westerly side of Lee Street, a distance of 100 feet to the point of beginning. Parcel Six . All that tract or parcel of land lying and being in land lots 526 and 527 of the 17th land district, 2nd section, of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point located on the westerly side of Lee Street, a distance of 700 feet; measured along the west side of Lee Street, from the land lot line separating land lots 526 and 525; thence west a distance of 194.4 feet to an iron pin located on the existing city limits; thence south along existing city limits, a distance of 258 feet to an iron pin; thence east, a distance of 326.4 feet to an iron pin on the southwesterly side of Lee Street; thence southeasterly a distance of 3.9 feet to an iron pin at the intersection of Lee Street and Marion Street; thence northeasterly, a distance of 50 feet across Lee Street to an iron pin, located on the northwesterly side of Lee Street, that is a distance of 120 feet southeasterly from the intersection of Lee Street and Dogwood Circle; thence northeasterly a distance of 151 feet to an iron pin; thence southeasterly a distance of 78 feet to an iron pin; thence northeasterly a distance of 45 feet to an iron pin; thence northeasterly a distance of 118 feet; thence northeasterly a distance of 307 feet to an iron pin located on a 40 foot drainage easement; thence northwesterly along said drainage easement 440 feet to an iron pin; thence southwesterly, a distance of 282 feet to an iron pin; thence southwesterly a distance of 110 feet to an iron pin; thence southerly, a distance of 120 feet to an iron pin; thence westerly, a distance of 101.5 feet to an iron pin located on the northeasterly side of Lee Street; thence southwesterly across Lee Street, a distance of 65 feet, more or less, to the point of beginning. Parcel Seven . All that tract or parcel of land lying and being in land lots 381 and 382; 411 and 412 of the 17th land

Page 2433

district, 2nd section, of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point that is the common corner of land lots 382, 383, 410 and 411; thence North 0 32[UNK] east a distance of 691.59 feet to an iron pin; hence south 89 47, east a distance of 291.35 feet to an iron pin; thence north 17 18[UNK] 30[UNK] west a distance of 95 feet to an iron pin; thence north 74 45[UNK] east a distance of 210.0 feet to an iron pin located on the westerly side of Lake Drive; thence north 8 39[UNK] west a distance of 200 feet to an iron pin located on the westerly side of Lake Drive that is 950 feet to the west line of South Cobb Drive; thence south 81 00[UNK] west a distance of 444 feet to an iron pin; thence north 0 32[UNK] west a distance of 359 feet more or less to the common corner of land lots 381, 382, 411 and 412; thence 75 feet more or less to an iron pin; thence south 89 16[UNK] west a distance of 233.67 feet to an iron pin; thence south 0 36[UNK] west a distance of 1397.91 feet to an iron pin, which is located on the land lot line separating land lot 383 and 382; thence north 89 16[UNK] east along above mentioned land lot line a distance of 233.67 feet to the point of beginning. Parcel Eight . All that tract or parcel of land lying and being in land lot 343 of the 17th land district, 2nd section, of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point which is located on the existing city limits on the north side of Plaza Drive, a distance of 360 feet east of the intersection of Plaza Drive and Old Concord Road measured along the northerly side of Plaza Drive; thence north a distance of 520 feet to an iron pin located on the land lot line separating land lots 343 and 344; thence west a distance of 360 feet along said land lot line to an iron pin; thence southeasterly 582 feet to an iron pin located on the north side of Plaza Drive, a distance of 200 feet east from the intersection of Plaza Drive and Old Concord Road; thence east along the north side of Plaza Drive, a distance of 160 feet to the point of beginning. Parcel Nine . All that tract or parcel of land lying and being in land lots 337 and 338 of the 17th land district, 2nd

Page 2434

section, of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point which is the common corner of land lots 313, 312, 336 and 337; thence north along land lot line separating land lots 312 and 337, a distance of 680.3 feet to an iron pin; thence northeasterly a distance of 112 feet to an iron pin; thence southeasterly along southwesterly side of Daniel Cemetery a distance of 300 feet; thence northeasterly, a distance of 300 feet to an iron pin; thence easterly a distance of 609 feet; thence northerly a distance of 65 feet to an iron pin; thence northeasterly a distance of 132 feet to an iron pin; thence northwesterly a distance of 231.6 feet to a point that is the intersection of said line and the land lot line separating land lots 337 and 338; thence northwesterly 65 feet, more or less, to an iron pin; thence easterly a distance of 434.2 feet to an iron pin located on the existing city limits; thence south and southwesterly along existing city limits, a distance of 1312.3 feet, more or less, to an iron pin located on the land lot line separating land lots 336 and 337; thence west along the south end of land lot 337, a distance of 1029.7 feet to the point of beginning. Parcel Ten . All that tract or parcel of land lying and being in land lot 301 of the 17th land district, 2nd section, of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point located on the east right-of-way of South Cobb Drive, a distance of 150 feet more or less from the southeast intersection of South Cobb and Pat Mell Road; thence south along the east side of South Cobb Drive for a distance of 100 feet more or less to an iron pin; thence east a distance of 204.8 feet to a pin located on the west side of Concord Road; thence north a distance of 237.3 feet to the point of beginning. This parcel of land to also include Old Concord Road, a distance of 237.3 feet measured south from the south side of the intersection of Old Concord Road and Pat Mell Road. Parcel Eleven . All that tract or parcel of land lying and being in land lots 386 and 387 of the 17th land district, 2nd

Page 2435

section, of Cobb County, Georgia, and being more particuly described as follows: Beginning at a point which is the common corner of land lots 334, 335, 387 and 386; thence north a distance of 656.4 feet to a concrete monument; thence east a distance of 1350.1 feet to a point which is on the land lot line separating land lot 386 and 407 which line is also the existing city limits; thence south along land lot line a distance of 680.8 feet to the common corner of land lots 386, 387, 406 and 407; thence continuing south along land lot line separating land lots 387 and 406 a distance of 1309 feet to a point which is the southeast corner of land lot 387; thence west along south line of land lot 387, a distance of 880 feet to a point; thence north a distance of 660 feet; thence west a distance of 250 feet to a point; thence north a distance of 660 feet to an iron pin on the south line of land lot 386; thence west a distance of 330 feet to the point of beginning. Parcel Twelve . All that tract or parcel of land lying and being in land lots 775 and 810 of the 17th land district, 2nd section, of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point located on the south right-of-way of Spring Road, a distance of 54.3 feet from the southeast intersection of Spring Road and Campbell Road; thence south, a distance of 800 feet to an iron pin; thence east a distance of 500 feet; thence north, a distance of 800 feet to a point on the south right-of-way of Spring Road; thence west a distance of 500 feet to the point of beginning. Also, that section of Spring Road from the intersection of Campbell Road and Spring Road westerly, a distance of 554 feet more or less. Parcel Thirteen . All that tract or parcel of land lying and being in land lots 597 and 596 of the 17th land district, 2nd section, of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point which is the intersection of the land lot line separating land lots 628 and 597 and the present

Page 2436

city limits; thence north along land lot line separating land lots 628 and 597 a distance of 550 feet, more or less, to the common corner of land lots 596 and 597, 628 and 629; thence north along land lot line separating land lots 596 and 629; a distance of 1120 feet, more or less, to a point that is the intersection of the southwesterly right-of-way of Old 41 Highway and the said land lot line; thence northwesterly along the southwesterly right-of-way of old 41 Highway, a distance of 760 feet, more or less, to a point; thence south along a line that is parallel to and a distance of 660 feet from the land lot line separating land lots 596 and 629, a distance of 2070 feet, more or less, to a point on the existing city limits; thence east and parallel to the south line of land lot 597, a distance of 660 feet to the point of beginning. Parcel Fourteen.1962 Annexation of Smyrna . All that tract or parcel of land lying and being in land lots 483, 484, 525 and 526 of the 17th land district, 2nd section of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point that is located 131.3 feet south of the Southwest corner of the intersection of Oakdale Drive and King Springs Road on the west side of King Springs Road; thence west a distance of 1264.9 feet to a point that is located on the west side of McCauley Drive and is 131.3 feet south of the intersection of Oakdale Drive and McCauley Drive; thence south a distance of 810.0 feet to a point located 118.3 feet north of the northeast intersection of Starline Drive and McCauley Road; thence east a distance of 1286.4 feet to a point located on the west side of King Springs Road a distance of 131.6 feet north of the intersection of Starline Drive and King Springs Road; thence east a distance of 40 feet to the east side of King Springs Road to the existing city limits; thence northerly along the east side of King Springs Road a distance of 430 feet to a point which is the southwest corner of the property now or formerly owned by R. T. Godfrey; thence east a distance of 153 feet to a point; thence north a distance of 112 feet to a point; thence west a distance of 153 feet to a point that is located on the east side of King Springs Road; thence

Page 2437

north along the east side of King Springs Road a distance of 263 feet to a point; thence west across King Springs Road a distance of 40 feet to the point of beginning. Also all of King Springs Road located in land lots 483, 484, 525 and 526 to the existing city limits. Parcel Fifteen . All that tract or parcel of land lying and being in land lot 525 of the 17th land district, 2nd section, of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point which is the northwest intersection of Lee Street and Daniel Drive; thence northerly a distance of 95 feet to an iron pin; thence west, a distance of 184.5 feet to an iron pin; thence south, a distance of 95 feet to a point which is on the northerly side of Daniel Drive; thence in a southerly direction to the south side of Daniel Drive, a distance of 50 feet to the existing city limits; thence easterly along the south side of Daniel and the existing city limits, a distance of 184.5 feet to the southwest intersection of Daniel Drive and Lee Street; thence north, a distance of 50 feet to the point of beginning. Section 8. Be it further enacted, that all Acts and parts of Acts regarding the charter of the City of Smyrna, or any amendments thereof, in conflict with this Act be, and the same are hereby repealed. Section 9. Be it further enacted, however, that all the Acts heretofore passed relating to the incorporation of the City of Smyrna, including all amendatory Acts to its charter and parts of said Acts, not in conflict with this Act, and all powers belonging to said city, as now incorporated, and all rules, ordinances, and regulations of said town, not in conflict with this Act, shall be and remain in full force and effect. Intent. Section 10. Be it further enacted, that in the event any section, sub-section, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no way affect the other sections, sub-sections, sentences, clauses or phrases of this Act, which

Page 2438

shall be and remain in full force and effect, as if the section, sub-section, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. The legislature hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared or adjudged invalid or unconstitutional. 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 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: January 11, 1963, January 18, 1963, January 25, 1963 and February 1, 1963. /s/ Brooks P. Smith Publisher Marietta Daily Journal and Cobb County Times. Sworn to and subscribed before me, this 13 day of February, 1963. /s/ Thelma Kemp Notary Public, Cobb County, Georgia. My Commission expires October 19, 1963. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February-March, 1963 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.

Page 2439

This 7th day of January, 1963. Robert E. Flournoy, Jr. E. W. Teague Joe Mack Wilson Kyle Yancey Ed Kendrick State Legislators Approved March 20, 1963. DODGE COUNTYCOMPENSATION OF CLERK TO COMMISSIONER OF ROADS AND REVENUES. No. 143 (House Bill No. 544). An Act to amend an Act creating the office of commissioner of roads and revenues of Dodge County, approved August 18, 1912 (Ga. L. 1912, p. 367), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 3130), and by an Act approved March 9, 1959 (Ga. L. 1959, p. 2467), and by an Act approved April 5, 1961 (Ga. L. 1961, p. 3006), so as to change the allowable compensation of the clerk of the commissioner of roads and revenues of Dodge County, Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. An Act creating the office of Commissioner of Roads and Revenues for Dodge County, Georgia, approved August 18, 1912 (Ga. L. 1912, p. 367), as amended, particularly by an Act approved March 25, 1958 (Ga. L. 1958, p. 3130), and by an Act approved March 9, 1959 (Ga. L. 1959, p. 2467), and by an Act approved April 5, 1961 (Ga. L. 1961, p. 3006), is hereby amended by striking from section 6 the words and figures and said regular clerk shall receive a salary of three thousand one hundred and twenty dollars ($3,120.00) per annum to be paid at the end

Page 2440

of each month's service. And inserting in lieu thereof the words and figures and said regular clerk shall receive an annual salary as may be set from time to time by the commissioner of roads and revenues of Dodge County, Georgia, the minimum of such annual salary shall be two thousand four hundred dollars ($2,400.00) per year and the maximum shall be three thousand four hundred and twenty dollars ($3,420.00) per year, one twelfth (1/12) of said salary to be paid monthly at the end of each month's service, so that when so amended section 6 shall read as follows: Section 6. Be it further enacted by the authority aforesaid that said commissioner shall receive for his compensation to be paid out of the county treasury a salary of seventy-two hundred dollars ($7,200.00) per annum for his services, to be paid monthly at the end of each month's service, which salary shall cover all expenses of said office except office expenses such as stationery, books and office supplies, clerk hire and other expenses incurred while transacting business of the county. He is authorized to employ such labor as he deems wise and expedient as may be necessary for the best interest of the county, and shall fix such reasonable compensation for such services as he may think proper. Said commissioner is authorized to employ a regular clerk to keep his minutes and books and perform such other duties as he may require, and said regular clerk shall receive an annual salary as may be set from time to time by the commissioner of roads and revenues of Dodge County, Georgia, the minimum of such annual salary shall be two thousand four hundred dollars ($2,400.00) per year and the maximum shall be three thousand four hundred and twenty dollars ($3,420.00) per year, one twelfth (1/12) of said salary to be paid monthly at the end of each month's service. Said regular clerk shall not be ineligible to hold other official positions by reason of being such clerk, but shall be eligible to hold office of county registrar, etc., and to receive compensation therefor. Section 2. The salaries herein provided for shall be payable on the last day of the month following final passage and approval of this Act and thereafter on the last day of each succeeding month.

Page 2441

Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Dodge County. Notice is hereby given that the undersigned will apply for passage at the January, 1963 session of the General Assembly of Georgia a Bill amending the Acts of the General Assembly of Georgia creating the office of commissioner of roads and revenues of Dodge County, Georgia and the several Acts of the General Assembly amendatory thereto so as to increase the allowable compensation of the clerk of the commissioner of roads and revenues to the sum of $3,420.00 annually; to provide how and when the same shall be paid; and for other purposes. This the 22nd day of January, 1963. W. S. Stuckey, Representative Dodge County, Georgia Georgia, Dodge County. I, E. T. Methvin, do certify that I am publisher of the Times-Journal, the official organ of Dodge County, Georgia, and that the foregoing notice was published in the said Times-Journal in the issues appearing on January 23rd, 30th and February 6th, 1963. This February 28, 1963. /s/ E. T. Methvin Sworn to and subscribed before me, this 28 day of February, 1963. /s/ Wilton D. Harrington Notary Public, Dodge County, Georgia (Seal). Approved March 20, 1963.

Page 2442

CITY OF DUDLEYCORPORATE LIMITS. No. 144 (House Bill No. 579). An Act to amend an Act incorporating the Town of Dudley, approved December 16, 1902 (Ga. L. 1902, p. 402), 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 incorporating the Town of Dudley, approved December 16, 1902 (Ga. L. 1902, p. 402), as amended, is hereby amended by adding between sections 2 and 3 a new section to be numbered section 2A and to read as follows: Section 2A. In addition to the corporate limits as provided for above, the corporate limits of the City of Dudley shall embrace all that area contained within the following parcels of land: Parcel No. 1 . All that tract or parcel of land lying and being in Laurens County, Georgia, containing 72.22 acres and designated as parcel No. 1 according to a certain plat prepared by Jack C. Brantley, which plat is dated March 1, 1963, and being more particularly described as follows: Commencing at an iron pin, which iron pin is stationed north 61-40[UNK] west a distance of 911 feet from the eastern corner of the present corporate limits of the City of Dudley, Georgia; running thence along the present northern boundary of the corporate limits of the City of Dudley, Georgia, north 61-40[UNK] west a distance of 1,648.3 feet to an iron pin; running thence north 61-45[UNK] east a distance of 3,700 feet to an iron pin; running thence south 46 east a distance of 503 feet to an iron pin; running thence south 44-49[UNK]-30[UNK] west a distance of 3,079.2 feet to the point of beginning. Parcel No. 2 . All that tract or parcel of land lying and being in Laurens County, Georgia, containing 36.36 acres and designated as parcel No. 2 according to a certain plat

Page 2443

prepared by Jack C. Brantley, which plat is dated March 1, 1963, and being more particularly described as follows: Commencing at an iron pin, which iron pin is stationed at the northern corner of the present corporate limits of the City of Dudley, Georgia; running thence along the present westerly boundary of the corporate limits of the City of Dudley, Georgia, south 28-25[UNK] west a distance of 5,280 feet to an iron pin; running thence north 61-40[UNK] west a distance of 300 feet to an iron pin; running thence north 28-25[UNK] east a distance of 5,280 feet to an iron pin; running thence south 61-40[UNK] east a distance of 300 feet to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Laurens County: I, W. H. Champion, editor and publisher of the Dublin, Georgia Courier Herald, the official organ of Laurens County, Georgia, and the newspaper in which the advertisements of sheriff's sales are published, do certify that the attached is a true and accurate copy of Notice of Intention to Apply for the Introduction of Local Legislation in the 1963 Session of the Georgia General Assembly, said notice having been published in said newspaper on February 2, 4, and 11, 1963. /s/ W. H. Champion, Editor and Publisher, Dublin, Ga., Courier Herald Sworn to and subscribed before me this 28 day of February, 1963. /s/ Cora Lee M. Prescott Notary Public My commission expires Oct. 2, 1965. (Seal). Notice of Intention to Apply for the Introduction of Local Legislation. Notice is hereby given that at the special request of the mayor and council of the City of Dudley, Georgia, the undersigned

Page 2444

will apply to the Representatives from Laurens County, Georgia, to introduce a Bill at the present session of the General Assembly of Georgia 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, by extending the corporate limits of said city to include additional territory, and to embrace same within the city limits of the City of Dudley; to repeal conflicting laws, and for other purposes. The additional territory to be included in the extension of the corporate limits is described as follows: Commencing at a point 225 feet east of the center of the Blackshear Public Road measured along the present northeast city limit line of the City of Dudley; thence in a northeasterly direction 3,050 feet running parallel with the Blackshear Road; thence northwest 550 feet to a point 250 feet northwest of the center of State Highway No. 338; thence west 3700 feet and parallel to State Highway No. 338 to the present corporate limit line of the City of Dudley. The present corporate limits of the City of Dudley are to be extended on the northwest side by an additional 300 feet, northwest of the present city limit line of the City of Dudley. The territory to be embraced in the extension of the corporate limits are shown by photographs and plats on file with the Clerk of the City of Dudley for inspection by all interested parties. This 1st day of February, 1963. U. J. Hogan, Mayor City of Dudley, Georgia Approved March 20, 1963.

Page 2445

DAWSON COUNTYCOMPENSATION OF COMMISSIONER OF ROADS AND REVENUES AND CLERK. No. 145 (House Bill No. 583). An Act to amend an Act creating the office of commissioner of roads and revenues of the County of Dawson; to provide for a clerk; to provide for the compensation of the commissioner of roads and revenues and the clerk, approved February 5, 1952 (Ga. L. 1952, p. 2068), so as to change the compensation of the commissioner of roads and revenues and the clerk; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenues of the County of Dawson; to provide for a clerk; to provide for the compensation of the commissioner of roads and revenues and the clerk, approved February 5, 1952 (Ga. L. 1952, p. 2068), is hereby amended by striking from section 5 the figures $2,400 and inserting in lieu thereof the words and figures three thousand six hundred ($3,600.00), so that when so amended section 5 shall read as follows: Section 5. That said commissioner shall devote his full time to the business and interest of said Dawson County in the performance and discharge of his duties, and shall receive as compensation the sum of three thousand six hundred ($3,600.00) dollars per annum. This compensation shall be paid in equal monthly installments out of the general funds of the county. Said commissioner shall have and maintain an office for the transaction of business at the courthouse in Dawson County, provided there is an available room in said courthouse; otherwise at some convenient place near the courthouse. The office of said commissioner shall remain open during the regular hours of business on all days except Sundays and holidays. The commissioner is hereby authorized to purchase for the county, to be paid for from the general funds of the county, a truck to be used by

Page 2446

the commissioner but only in the performance of his official duties. The county shall pay for the operation, upkeep and maintenance of said truck. Commissioner. Section 2. Said Act is further amended by striking from section 6 the figures $600.00 and inserting in lieu thereof the words and figures seven hundred twenty ($720.00) dollars, so that when so amended section 6 shall read as follows: Section 6. The commissioner shall appoint a clerk, whose duty shall be to keep a true and correct record of all acts and doings of said board and keep them at the courthouse in said county, said records to be kept for inspection by any citizen or citizens of said county at all times and said clerk shall keep all the books and records in a neat, first-class condition at all times. Said clerk shall receive for the said compensation, the sum of seven hundred twenty ($720.00) dollars per annum. Clerk. Section 3. The provisions of this Act shall become effective on the first of the month following its approval by the Governor or its otherwise becoming law. Effective date. Section 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 1963 session of the General Assembly of Georgia, a bill to change the compensation of the commissioner of roads and revenues and clerk of commissioner of roads and revenues of Dawson County; and for other purposes. This 6th day of February, 1963. Ralph W. Bowen Representative, Dawson County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph W. Bowen,

Page 2447

who, on oath, deposes and says that he is Representative from Dawson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Dawson County Advertiser-News, which is the official organ of said county, on the following dates: February 7, 14, and 21. /s/ Ralph W. Bowen Representative, Dawson County Sworn to and subscribed before me this 28th day of February, 1963. /s/ Frank E. Blankenship Notary Public, Georgia, State at Large. My commission expires July 15, 1966. (Seal). Approved March 20, 1963. CITY OF ATLANTAINSURANCE ON EMPLOYEES' LIVES. No. 146 (House Bill No. 34). 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.

Page 2448

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. That section 2 of an Act amending the Act set forth in the caption of this Act, approved February 7, 1949 (Ga. L. 1949, p. 256) be amended by striking the first sentence of the second paragraph of said section 2, and substituting in lieu thereof the following: All employees of the city, including heads of departments, their assistants and employees of the several departments, except policemen and firemen, and who receive a salary or wage of at least $100.00 per month, shall have insurance on their lives of $1,000.00 each:..... 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 to apply for the passage of local legislation at the 1963 session of the General Assembly of Georgia, which convenes on

Page 2449

Monday, January 14, 1963, 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, 1962. J. C. Savage City Attorney City of Atlanta This 16 day of January, 1963. /s/ Ralph McClelland Sworn to and subscribed before me, this the 16th day of January, 1963. /s/ Fanny Lee Garrett Notary Public, State at Large. My commission expires Sept. 24, 1965. (Seal). Approved March 21, 1963. CITY OF COLQUITTCANDIDATES FOR OFFICE OF MAYOR. No. 148 (House Bill No. 249). An Act to amend an Act entitled An Act to amend, consolidate and supersede the several Acts incorporating the City of Colquitt, in the County of Miller, and State of Georgia, and all amendments thereto; to create a new charter and municipal government for said corporation; to declare the rights and powers of same, and more fully define the powers and liabilities of said city; to extend the jurisdiction of the limits of the said city for specific

Page 2450

purposes; to provide for a mayor and council of said city, and declare the manner and forms in which they shall be elected and qualified, and to fix the qualifications, duties, powers, rights and liabilities of same; to fix the qualifications of voters in said city; provide a method of registration thereof, and to provide the manner in which all municipal elections shall be held and the results determined; to create a board of tax assessors for said city, and to define their qualifications, methods of appointment, rights, powers and duties; to provide for the working, maintenance and extension of the streets, alleys, squares, parks, cemeteries and public buildings of said city; to authorize the mayor and council to construct, operate, control and extend the water works and sewerage system and the electric lighting system of said city, and to provide the manner of doing same; to establish a police court for said city, and define the duties, powers and jurisdiction of the same; to authorize the creation of the office of city recorder for said court; to provide for the assessment, levy and collection of an ad valorem tax on all property in the city, for supporting and maintaining schools; for paying the interest and principal on the debts of said city, and for other purposes; to authorize the taxing and licensing of all kinds of business, trades, professions and avocations, and other things in said city; to provide for the issuance of bonds for the purpose of maintaining, constructing, improving, or extending the water works, electric lighting and sewerage systems of said city, for street improvement, and for other purposes; to provide the manner in which bond elections shall be called and conducted; to provide the manner of collecting all debts or demands due the city; to provide that no valid existing ordinance, rule or regulation of the former corporation, nor any contract or right made or acquired under same shall be affected by this Act; to provide and regulate fire, sanitary and public protection; to define and prescribe the police powers and regulations of said city; to provide for all other matters necessary for the general welfare of said city; to repeal an Act of the General Assembly approved July 30, 1913; and for other purposes., approved August 7, 1915 (Ga. L. 1915, p. 534),

Page 2451

as amended, so as to provide that no person who serves any part of an unexpired term of mayor shall be eligible to be a candidate for mayor for the next succeeding full term and shall not be eligible to serve as mayor during any part of the next succeeding full term; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend, consolidate and supersede the several Acts incorporating the City of Colquitt, in the County of Miller, and State of Georgia, and all amendments thereto; to create a new charter and municipal government for said corporation; to declare the rights and powers of same, and more fully define the powers and liabilities of said city; to extend the jurisdiction of the limits of the said city for specific purposes; to provide for a mayor and council of said city, and declare the manner and forms in which they shall be elected and qualified, and to fix the qualifications, duties, powers, rights and liabilities of same; to fix the qualifications of voters in said city; provide a method of registration thereof, and to provide the manner in which all municipal elections shall be held and the results determined; to create a board of tax assessors for said city, and to define their qualifications, methods of appointment, rights, powers and duties; to provide for the working, maintenance and extension of the streets, alleys, squares, parks, cemeteries and public buildings of said city; to authorize the mayor and council to construct, operate, control and extend the water works and sewerage system and the electric lighting system of said city, and to provide the manner of doing same; to establish a police court for said city, and define the duties, powers and jurisdiction of the same; to authorize the creation of the office of city recorder for said court; to provide for the assessment, levy and collection of an ad valorem tax on all property in the city, for supporting and maintaining schools; for paying the interest and principal on the debts of said city, and for other purposes; to authorize the taxing and licensing of all kinds of business, trades, professions and avocations, and other things in said city; to provide for the issuance of bonds for the purpose of maintaining, constructing, improving,

Page 2452

or extending the water works, electric lighting and sewerage systems of said city, for street improvement, and for other purposes; to provide the manner in which bond elections shall be called and conducted; to provide the manner of collecting all debts or demands due the city; to provide that no valid existing ordinance, rule or regulation of the former corporation, nor any contract or right made or acquired under same shall be affected by this Act; to provide and regulate fire, sanitary and public protection; to define and prescribe the police powers and regulations of said city; to provide for all other matters necessary for the general welfare of said city; to repeal an Act of the General Assembly approved July 30, 1913, and for other purposes., approved August 7, 1915 (Ga. L. 1915, p. 534), as amended, is hereby amended by adding at the end of section 5 thereof the following: Provided, however, no person who serves any part of an unexpired term of mayor shall be eligible to be a candidate for mayor for the next succeeding full term and shall not be eligible to serve as mayor during any part of the next succeeding full term., Mayor. so that when so amended, section 5 shall read as follows: Section 5. The municipal government of the City of Colquitt and its corporate powers, shall be exercised by a mayor and four councilmen, to be elected from the city at large, and which body shall be known as the mayor and council. The mayor shall be elected for and serve for a term of four years, or until his successor is elected and qualified; and after January 1st, 1944, no mayor shall be elected to succeed himself. One councilman shall serve for a period of four years, from January 1, 1916; one councilman for three years from said date; one councilman for two years from said date, and one councilman for one year from said date. (a) The present mayor and councilmen of said city shall continue in said office with their present compensation, until January 1st, 1943, or until their successors are elected and qualified, and shall exercise all the powers and authorities conferred upon the mayor and council of the City of Colquitt by this Act; and all officers elected or appointed by the mayor and council of the old corporation of

Page 2453

said city shall continue to hold their offices and discharge the duties thereof until their successors are elected and qualified, unless sooner suspended, removed or discharged by the mayor and council of said city, which right and power is hereby given them. (b) The first general election under this Act shall be held on the first Saturday in December, 1915, when the mayor and four councilmen shall be elected by a popular vote of the people and by ballot. (c) The councilman receiving the largest number of votes shall be elected for a term of four years, from January 1, 1916, or until his successor is elected and qualified; the councilman receiving the next largest number of votes shall be elected for a term of three years, from January 1st, 1916, or until his successor is elected and qualified; the councilman receiving the next largest number of votes shall be elected for a term of two years from January 1st, 1916, or until his successor is elected and qualified; the councilman receiving the next largest number of votes shall be elected for a term of one year, from January 1st, 1916, or until his successor is elected and qualified. Should there be a tie between two or more councilmen, the remaining councilmen and the mayor shall decide which of them shall serve the long term and which shall serve the short term. That on the first Saturday in December, 1916, and on each first Saturday in December, annually thereafter, one councilman shall be elected for a term of four years. (d) In case there is a vacancy in the offices mentioned herein by death, resignation, failure to elect, removal from office, removal from city or otherwise, a special election shall be ordered by mayor and council, giving thirty days' public notice, to fill such vacancy; provided, that if such vacancy shall occur within three months of the next regular election the mayor and council may, in their discretion, refuse to order such election, and await the regular election. Provided, however, no person who serves any part of an unexpired term of mayor shall be eligible to be a candidate for mayor for the next succeeding full term and shall not be eligible to serve as mayor during any part of the next succeeding full term. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2454

Notice of Intention to Introduce Local Legislation. Notice is hereby given that I will introduce at the January-February 1963 session of the General Assembly of Georgia a bill to amend the charter of the City of Colquitt (Ga. L. 1915, p. 534-567) and all amendments thereto for the purpose of providing that any mayor who has held the office for twenty-four months of any term, shall be ineligible to succeed himself and for other purposes. This 3rd day of January, 1963. Buck Tabb Representative, Miller County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buck Tabb, who, on oath, deposes and says that he is Representative from Miller County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Miller County Liberal, which is the official organ of said county, on the following dates: January 24, 31st and February 7, 1963. /s/ Buck Tabb Representative, Miller County Sworn to and subscribed before me this 15th day of February, 1963. /s/ Kathryn Rule Notary Public My commission expires Jan. 30, 1965. (Seal). Approved March 21, 1963.

Page 2455

WAYNE COUNTYSHERIFF'S COMPENSATION No. 149 (House Bill No. 91). An Act to amend an Act entitled An Act to place the compensation of the sheriff and the clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis; to provide for deputies, clerical help, automobiles and expenses; to provide the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 10, 1959 (Ga. L. 1959, p. 3031), so as to provide for a change in the compensation of the sheriff under certain conditions; to provide that the governing authority shall approve the number and compensation of employees of the sheriff's office; to provide for the equipping and supplying of the sheriff's office; 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 entitled An Act to place the compensation of the sheriff and the clerk of the Superior Court of Wayne County on a salary basis in lieu of a fee basis; to provide for deputies, clerical help, automobiles and expenses; to provide the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 10, 1959 (Ga. L. 1959, p. 3031), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. The sheriff of Wayne County shall be compensated in the amount of $8,500.00 per annum, to be paid in equal monthly installments from the funds of Wayne County. The sheriff shall have the authority to appoint, remove, classify and fix the compensation of such deputies, file clerks, jailers and other personnel as the sheriff may deem necessary to properly carry out the functions of his office, provided, however, that the number of such personnel and their compensation shall be subject to the approval of the governing authority of Wayne County; provided

Page 2456

further, that in the event the governing authority of Wayne County shall create a county police force as authorized by a resolution proposing an amendment to the Constitution of Georgia, ratified November 6, 1962 (Ga. L. 1962, p. 1117), thereby relieving the sheriff of Wayne County from law enforcement duties and duties as jailer, then, and in that event, the sheriff shall receive a salary of $6,000.00 per annum. It shall be the duty of the governing authority of Wayne County to provide or cause to be provided sufficient vehicles, radios, uniforms, office supplies and other equipment as well as the cost of the operation and maintenance thereof, as may be reasonably necessary to permit the sheriff of Wayne County to properly carry out the duties of his office. 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, James E. Warren, who, on oath, deposes and says that he is Representative from Wayne County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jesup Sentinel, which is the official organ of said county, on the following dates: December 27, 1962, January 3 and January 10, 1963. /s/ James E. Warren Representative, Wayne County Sworn to and subscribed before me this 21 day of January, 1963. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My commission expires Oct. 6, 1964. (Seal).

Page 2457

Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the 1963 session of the General Assembly of Georgia, which convenes on January 14, 1963, a bill to designate the salary of the sheriff of Wayne County; to provide for the number of deputy sheriffs and for their compensation; and for other purposes. This 26th day of December, 1962. James E. Warren Representative, Wayne County, Georgia Wm. A. Zorn Senator, Sixth Senatorial District Approved March 21, 1963. CITY OF ATLANTAANNUAL REPORTS. No. 150 (House Bill No. 237). 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

Page 2458

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 amendatory Act approved March 20, 1939 (Ga. L. 1939, p. 841 et. seq.) is amended by Acts approved March 19, 1943 (Ga. L. 1943, p. 1176-1184), March 27, 1947 (Ga. L. 1947, p. 1097), February 21, 1951 (Ga. L. 1951, p. 3091 et seq. and p. 3135 et seq.) and as amended particularly by Acts approved March 8, 1945 (Ga. L. 1945, p. 1044, 1049), so as to provide a Civil Service System is hereby amended by striking from subparagraph (e) of section 3 of said Act (codified as section 17.34, subparagraph (e) of the City Code of Atlanta of 1953), the words first day of February covering the period of time from January 1st through December 31st of the preceding year, and substituting in lieu thereof, the words first day of June covering the period of time from January 1st through December 31st of the preceding year, so that as amended, subparagraph (e) of section 3, shall read as follows: (e) To examine and approve or modify the annual report prepared by the director and submit such report to the mayor on or before the first day of June covering the period of time from January 1st through December 31st of the preceding year, transmitting therewith any suggestions it may approve for the more effectual accomplishment of the purpose of this article. 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

Page 2459

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 1963 session of the General Assembly of Georgia, which convenes on Monday, January 14, 1963, 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, 1962. J. C. Savage City Attorney City of Atlanta This 11 day of February, 1963. /s/ Ralph McClelland Sworn to and subscribed before me this the 11th day of February, 1963. /s/ Fanny Lee Garrett Notary Public, State at Large. (Seal). Approved March 21, 1963.

Page 2460

CITY OF ATLANTASEWERS. No. 151 (House Bill No. 27). 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 folows: 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. That the provision of said charter, as amended, and as set forth in section 23.8 of the Code of the City of Atlanta of 1953, reading as follows: In case any such sewer is laid down or constructed through or over any private property, along the course of any natural drain or otherwise, a like sum of seventy cents shall be assessed upon such property abutting upon each side of said sewer for every lineal foot, making in all one dollar and forty cents for every lineal foot to be assessed upon such property, through which the sewers are constructed as aforesaid; and, in consideration of the payment of said assessment, the owner of said estates respectively on each side of said sewer, through or over which such

Page 2461

sewer may be constructed, shall have the right to connect their drains from said abutting property for the discharge of sewage into said sewer., Repealed. be and the same is hereby repealed. 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 to apply for the passage of local legislation at the 1963 session of the General Assembly of Georgia, which convenes on Monday, January 14, 1963, 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, 1962. J. C. Savage City Attorney City of Atlanta This 16 day of January, 1963. /s/ Ralph McClelland

Page 2462

Sworn to and subscribed before me this the 16th day of January, 1963. /s/ Fanny Lee Garrett Notary Public, State at Large. My commission expires Sept. 24, 1965. (Seal). Approved March 20, 1963. FULTON COUNTYEMPLOYEES' PENSION FUND. No. 153 (House Bill No. 303). An Act to amend the Act approved March 3, 1939 (Ga. L. 1939, p. 571, et seq.) authorizing the board of commissioners of roads and revenues of Fulton County to establish rules and regulations governing the payments of pensions to county employees of said county; 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 the authority of the same that the Act approved March 3, 1939 (Ga. L. 1939, p. 571 et seq.) authorizing the commissioners of roads and revenues of Fulton County to furnish pensions to all officers and employees of said county and for other purposes, as previously 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. Intent. (a) Any officer or employee coming under the terms of this Act who is in the employment of Fulton County prior

Page 2463

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. Election by employees. All such officers and employees in the employment of Fulton County 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 Fulton County 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. New employees. (b) All officers and employees of Fulton County who shall elect to come under the terms of this amendment must have attained the age of 60 years and shall have served 25 years before being eligible to retire and receive the benefits as provided by this amendment, unless the officer or employee is retired by operation of law with 10 or more years of actual service, in which event he shall be entitled to a porportionate pension. Retirement at the end of the year in which any officer or employee attains the age of 70 years is mandatory. Provided, however, that any officer or employee who has served 25 years and who has attained the age of 55 years may elect to retire on a reduced pension, said reduction to be one-twelfth (1/12) of two (2%) per cent per month for each month the officer or employee lacks in being 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

Page 2464

of right, he shall be paid thereafter a monthly pension equal to one and one-half (1%) per cent of his monthly earnings, 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. Pension. (d) In no event shall the total pension benefits payable under this amendment, plus any emeritus status pay, exceed the sum of $400.00 per month, or [UNK] of his monthly earnings as defined herein. Maximum pension. Whenever monthly earnings and years of creditable service at retirement shall entitle any officer or employee of Fulton County to a pension greater than the maximum allowable hereunder, such person shall be entitled to have any excess contributions refunded to him, pro rata. Refunds. (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, providd, 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 per cent (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 per cent (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. Rights, beneficiaries. (f) There shall be deducted from the total salary of any

Page 2465

officer or employee electing to come under this amendment the sum of two and three-eights (2[UNK]%) per cent of the first $400.00 thereof and six (6%) per cent on the remainder of said salary above $400.00 and up to $1,000.00. No deduction shall be made above $1,000.00 salary. The deductions include payment for a 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 subsection (f) above any present 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 prior creditable service, including years of service credited to him for employment by the State of Georgia or municipalities located in whole or in part in Fulton County, provided he shall pay into the pension fund the sum of 6% of his total salary up to a maximum monthly salary of $1,000.00 from the time his salary exceeded $300.00 per month which said total payment includes payment for a pension to a beneficiary. All payments previously made by such officer or employee to the Fulton County Pension Plan shall be deducted from the total amount due in arriving at the total sum of 6 referred to above. Prior service. Said total amount due may be paid at the time the officer 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, as created under this Act, as amended, may at their discretion allow additional time for such payments to be made. 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 per cent (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 said payments into the Fund are completed, the secretary of the Retirement Fund is authorized to deduct the monthly payments

Page 2466

from retirement or beneficiary benefits until the obligation is discharged. Interest. (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 Fulton County or subsequently electing to participate under the terms of this amendment, said payments shall begin with the employment or date of such election. Effective date. (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 deductions from the salaries and wages paid to officers and employees of said governing authorities 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 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) 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 of Fulton County shall appropriate from current funds amounts sufficient to make up the deficiency as it relates to their respective officers and employees. County contributions. (j) The monthly pensions paid hereunder shall be examined by the comptroller of Fulton County. Comptroller. In the event that such examination discloses either underpayment

Page 2467

or overpayment made to any pensioner, the Fulton County Pension Board shall balance the account of such person by paying or crediting the pensioner with the amount of any underpayment or collecting from him the amount of any overpayment as the case may be. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 3. A copy of notice of intention to apply for this local legislation and an affidavit or certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all of the requirements of the Constitution of Georgia relating to the publication of notice of intention to apply for passage of this local legislation have been complied with for the enactment of this law. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 19, 26 days of December, 1962, and on the 2 day of January, 1963. As provided by law. /s/ Frank Kempton Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January, 1963 session of the General Assembly of Georgia for local legislation to amend an Act authorizing the board of commissioners of roads and revenues for Fulton County to establish rules and regulations governing the payment of

Page 2468

pensions to county employees of said county..... and for other purposes (Ga. L. 1939, p. 571), as heretofore amended. This 12 day of December, 1962. Harold Sheats County Attorney Subscribed and sworn to before me this 7th day of January, 1963. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My commission expires Oct. 18, 1963. (Seal). Approved March 21, 1963. COMPENSATION OF ORDINARIES IN COUNTIES HAVING A POPULATION OF MORE THAN 500,000. No. 154 (House Bill No. 359). An Act to fix the compensation of ordinaries in counties having a population of more than 500,000 according to the last or any future Federal decennial census; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. This Act shall be applicable to counties having a population of more than 500,000 according to the last or any future Federal decennial census. It shall be effective as to counties now coming within the population classification on the first day of the month succeeding its approval by the Governor. As to counties subsequently coming within the population classification, it shall be effective on the

Page 2469

first day of January following the publication of the Federal census. Section 2. The minimum compensation for ordinaries in such counties shall be $1,350.00 per month. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 21, 1963. PENSIONS OF TEACHERS, ETC. EMPLOYED BY BOARDS OF EDUCATION IN COUNTIES HAVING A POPULATION 500,000 OR MORE. No. 155 (Senate Bill No. 135). An Act to provide in all counties of 500,000 or more population according to the United States Census of 1960 or any future United States Census that the pension board of the board of education in such counties shall recompute the pension paid to those teachers and employees who had retired as a matter of right prior to April 1, 1955 and who had been awarded a basic pension for twenty years of service, and for other purposes. Be it enacted by the General Assembly of Georgia: And it is hereby enacted by the Authority of the same that in all counties of 500,000 or more population by the United States Census of 1960 or any future United States Census, that the pension board of the board of education of such counties shall recompute the pension payable to teachers and employees who had retired as a matter of right prior to April 1, 1955 with a basic pension for twenty years of service, as follows: Section 1. Pension payments due to former teachers and employees of the board of education who have retired as a matter of right prior to April 1, 1955 and who have been

Page 2470

awarded basic pensions for twenty years of service, shall have their pensions recomputed on the following basis: (a) There shall be paid a basic pension of one-half the average monthly salary paid to such former teachers and employees during the last three years of their active service not to exceed, however, the sum of $150.00 per month for such persons. (b) In addition to the basic pension provided in the preceding subparagraph, there shall be paid the sum of $5.00 per month for each full year's creditable service in excess of twenty years. The record kept in the office of the pension board shall be conclusive as to the time served. (c) The aggregate of all pension benefits payable to former teachers and employees under the provisions of this Act or any other statute shall be limited in that same shall not exceed seventy-five (75%) per cent of the average monthly salary paid to such teacher or employee for the last year of employment in active service. Section 2. Former teachers and employees of the board of education who retired prior to April 1, 1955 but who had less than the years of creditable service required for a basic pension, as the case may be, but who have been awarded pensions in some amount under the terms of any Act or amendment thereto, shall be paid that proportion of the basic pension provided in subsection (a) of section 1 above as the length of their service, measured in full years of service, bears to twenty years of service. Section 3. This amendment shall not be effective to, nor be construed to, confer eligibility for a pension upon any former teacher or employee who was not eligible for a pension under the provisions of any Act in effect on the date of the retirement, resignation or other withdrawal from service of such former teacher or employee. Section 4. All laws or parts of laws in conflict herewith be and the same are hereby repealed.

Page 2471

Section 5. This amendment shall be effective as of January 1, 1963. Approved March 21, 1963. TURNER COUNTYCOMMISSIONER OF ROADS AND REVENUESREFERENDUM. No. 157 (House Bill No. 154). An Act to create a one member commissioner of roads and revenues for Turner County, Georgia; to provide for a referendum to make this Act effective; to prescribe the election procedure in connection therewith; to provide for the continuation in office of W. G. Searcy, who is the last member elected to said three (3) member board, as sole commissioner for the remainder of his present term, expiring December 31, 1968; to provide for the election, term of office, qualifications, bond, oath, salary and expense allowance of said one member commissioner; to provide a method of filling a vacancy in said office; to provide for a clerk; to define the powers and duties of the commissioner; to provide for the keeping of proper records and accounts; to provide for the holding of court by the commissioner; to constitute the commissioner the purchasing agent for the county; to provide that certain acts by the commissioner will be unlawful; to authorize the employment of a county attorney, or attorneys, a county physician and engineer; to provide for the publication of an annual financial statement; to provide that the commissioner shall spend at least one day per week at office in the courthouse; to prescribe a policy for road and bridge work, including liaison with State officials; to provide for the acceptance by the commissioner of contributions to the county; to provide for his recall; to provide for the severability of this Act; to provide for the repeal of the Act of the Legislature approved August 18, 1927, as amended, establishing a three member board of commissioners of roads and revenues for said county; to repeal all conflicting laws; and for other purposes.

Page 2472

Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this Act, Turner County shall have one commissioner of roads and revenues, whose term of office shall be four years, beginning January 1, 1969, and ending December 31, 1972, who shall be elected by the qualified voters of said county at the general State election in 1968; whose successor shall be elected at the same time and under the same rules and regulations as now control the election of the ordinary and other county officers. Created, elections. Section 2. This Act shall not become effective until approved by a majority of the voters voting in an election to be held and called as herein provided for. Within ten days from the passage of this Act and approval by the Governor of the State of Georgia, the ordinary of Turner County, Georgia, shall call an election of the voters of Turner County, said election to be held not less than twenty days nor more than thirty days from the date of such call. The ordinary of Turner County shall advertise in each week's issue of the official organ of Turner County, Georgia, from the date of the calling of said election to the date of holding the same, the fact that an election will be held on the date set by him for the purpose of voting for or against a one member commissioner of roads and revenues of Turner County. Registration for said election, and said election shall be governed by the general state law relating to special elections. At said election each elector shall be given a ballot having printed thereon FOR a One Member Commissioner of Turner County and AGAINST a One Member Commissioner of Turner County. If a majority of the votes cast at said special election are in favor of FOR a One Member Commissioner of Turner County, this Act shall become effective as herein provided and the terms of office of the other two members of the present three member board shall come to an end thirty days from the date of said special election, but the third member, W. G. Searcy, who is the last member elected to said three (3) member board, shall continue in office as sole commissioner until the end of his present term, ending December 31, 1968, when his successor can be elected, and in the meanwhile the said W.

Page 2473

G. Searcy will be clothed with all the powers, receive the same salary and expenses, and have all of the duties of the one-member commissioner as set out in the within Act, provided he furnishes good and sufficient bond to the ordinary within thirty days after said special election, as provided in the within Act. If a majority of the votes cast at said special election are AGAINST a One Member Commissioner of Turner County, this Act shall not go into effect. Referendum. Section 3. Any person to be eligible to hold the office of commissioner of roads and revenues of said County of Turner under the provisions of this Act must be at least 25 years old, shall have been a bona fide resident and citizen of said county for two years or more prior to his election, and shall be of good moral character. The said commissioner shall be ineligible to hold any other office of the county during his term of office as such. Qualifications for office. Section 4. That said commissioner, before entering upon the duties of his office, shall give bond, to be signed by a surety company authorized to do business in this State, as surety, same to be approved by the ordinary of said county, in the sum of twenty thousand ($20,000.00) dollars, payable to the ordinary of Turner County and his successor in office, conditioned upon the faithful performance of his duties and the carrying out of the conditions thereof. The said commissioner and his sureties shall be liable on said bond for any breach thereof by way of malfeasance in office, or any tort or wrong committed under color of office, as well as neglect of duties. Bond. Section 5. The said commissioner shall, before entering upon the discharge of the duties of his said office, make and subscribe to an oath before the ordinary of said county to faithfully discharge his duties and carry out the provisions of this Act to the best of his skill and knowledge, and to the best interest of the county. Oath. Section 6. The compensation of said commissioner shall be six thousand ($6,000.00) dollars per annum, payable monthly, at the end of each month, and in addition thereto, he shall be allowed an expense account for traveling and

Page 2474

keeping an automobile of twenty four hundred ($2,400.00) dollars per annum. Salary. Section 7. In case of a vacancy in the office of commissioner by reason of death, resignation, recall, or otherwise, the ordinary of said county shall serve until his successor is elected and qualified. Such vacancy shall be filled at a special election called by the clerk of the superior court of said county, which election shall be held within thirty days from the vacancy. All rules and regulations governing regular county elections shall govern all regular and special elections held under this Act. Vacancies. Section 8. The commissioner of roads and revenues shall have authority to employ a clerk for the office of commissioner of roads and revenues at a salary to be fixed by the commissioner. 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 ($3,000.00) dollars, conditioned for his/her faithful performance of his/her duties and payable to the commissioner of roads and revenues of Turner County. He or she shall not be vested with any judicial powers or duties and shall perform his or her duties as directed by the commissioner. Clerk. Section 9. Said commissioner shall have and he is hereby vested with exclusive jurisdiction and control over the following matters, viz; in directing, controlling, and caring for all property of the county, according to law; in levying taxes for county purposes, according to law; in establishing, altering, or abolishing public roads, bridges, ferries, in conformity to law; in establishing, abolishing, or changing election precincts and militia districts, according to law; in supervising the tax commissioner's books and allowing the insolvent list of said county, according to law; in examining, settling, and allowing all claims against the county, according to law; in examining and auditing all claims and

Page 2475

accounts, of officers having the care, management, keeping, collecting, or disbursement of money belonging to the county or appropriated for its use and benefit and bringing them to a settlement and especially is he charged with frequently examining and auditing the books of the county treasury or depository, the tax commissioner, the sheriff, the superintendent of public schools, and other officers of said county through whose hands county funds pass, and this may be done by the commissioner himself or through certified accountants or bookkeepers employed for the purpose, and he or they may require from all such officers, subject to examination, such reports as may be necessary to keep said commissioner fully informed at all times of the financial condition of the county; in controlling, calling for, and managing the convicts of the county, according to law; in making rules and regulations and provisions for the support of the poor of the county, according to law; in promoting and preserving the public health of the county with the authority to quarantine against contagious diseases and epidemics, according to law; in regulating and fixing license fees as authorized by law; and generally to have and exercise all powers heretofore vested in the commissioner or ordinary of said county when sitting for county purposes, and to exercise such other powers as are granted by law, or as may be indispensable to the jurisdiction over county matters or county finances; in selecting and appointing all minor officers or employees of the county whose election or appointment is not otherwise provided for by law, such as superintendents and guards of convicts in the public work camps, janitor of the courthouse, county physician, and health officer, tax assessors, and other officers as needed and authorized by law. All appointees of said commissioner shall be subject to suspension or dismissal at any time, and no appointee so suspended or dismissed shall be entitled to a salary or compensation during suspension or after dismissal, no matter whether the time for which he was appointed has expired or not. Powers. Section 10. Said Commissioner shall keep a proper and accurate book of minutes, wherein shall appear all orders and proceedings had and passed with reference to county matters. He shall keep a full and accurate book of county

Page 2476

vouchers, wherein shall appear in detail all orders and warrants drawn by him on the county treasurer or depository, for what purpose and on what fund. He shall also keep a cash-book, in which he shall daily enter any cash item received by him, from whom received, and for what purpose received. He shall keep a record, separate from other financial affairs of the county, of all expenditures on account of the public work camps of the county, including supplies, equipment, and expenses therefor, and pay of warden, guards, etc. He shall keep a book of inventory of all county property, including road machinery, live stock, public work camps outfits, road-working tools, and of every other kind and class of property belonging to said county, together with a fair valuation of the same, where located, in whose custody, and in what condition, which inventory shall be carefully revised each year; and he shall keep such other books and records as may be necessary. Said books and records shall be so kept as to show at all times the financial condition of the county, and shall be open to the inspection of any and all citizens of Turner County who may be interested in same; and shall be audited at least once a year by a certified public accountant. Records, audits. Section 11. The commissioner of roads and revenues shall hold a regular court on the first Monday in each month, from day to day, and from time to time, for the transaction of public business pertaining to county matters, the same to be held at the commissioner's office at the courthouse in Ashburn, Georgia. Court. Section 12. The commissioner of roads and revenues of Turner County is hereby constituted as a purchasing agent for Turner County; that before purchasing any material, supplies or equipment in excess of the estimated value of five hundred ($500.00) dollars he shall be required to receive bids and accept the purchase of the material, supplies or equipment of the lowest and best bidder, leaving it to the discretion of the commissioner to accept at all times the best bid. Purchasing agent. Invitation for bids shall be given by posting notice before the courthouse door or in a newspaper having general circulation

Page 2477

as to the commissioner, may seem expedient or best. Said invitations for bids shall set forth therein a general description of materials, supplies, and equipment, and designate the place of delivery. The commissioner of roads and revenues shall receive all bids, yet reserving the right and privilege to reject any and all bids in his discretion as may seem best and to accept such bids as he may deem in his discretion for the best interest of the county. Provided, however, that in the purchase of any war materials, or war surplus materials that may be disposed of by the United States Government, or any governmental agency, or the State, that it shall not be necessary to secure bids, but that the commissioner be, and he is hereby vested with full authority, power and discretion to act for the county. This proviso shall also apply to any emergency or unforeseen contingency which may arise in the operation of the county's affairs. No approval of the ordinary of said county shall ever be required as to purchase of any materials or equipment for the county, or in any other matters which are vested in the commissioner of roads and revenues of Turner County. Section 13. It shall be unlawful for any candidate for said office of commissioner, or for any nomination therefor, to enter into any agreement or understanding with any person or persons as to the disposal of any work, the purchase of any supplies, or any appointment which is or may be under the control of said commissioner. Any person as a candidate so offending shall be ineligible to hold said office, and upon conviction of any such act shall be punished as for a misdemeanor. Crimes. Section 14. It shall be unlawful for said commissioner to employ any person related to him within the third degree, either by blood or marriage, or to contract with such person or persons for any equipment, material, or supplies, or for any work to be done on the public roads, bridges, or other works of the county, except when bids are received for equipment, materials, or supplies, or for work to be done on public roads, bridges, or other works of the county, upon

Page 2478

full specifications and due advertisement in regard thereto, and a person related to the commissioner submits a bid and is the lowest bidder therefor. Contracts. Section 15. The commissioner of roads and revenues of said county shall have power and authority to retain or employ a county attorney or attorneys with the authority to fix the compensation of said attorneys at a sum of not less than fifty ($50.00) dollars per month, which shall be in full payment of all services unless in case of litigation in which event, the commissioner has a right to pay any additional sum that may be reasonable and shall also have authority to employ additional counsel to aid in said litigation if he deems the same necessary and expedient. Attorney. The said commissioner shall have authority to employ a county physician if necessary, in such manner and for such compensation as may serve the provisions of the law and the best interest of the county. Section 16. The commissioner of roads and revenues of Turner County in changing grades, surfacing, relocating or establishing new roads or highways or changing the grade on any road or highway already established shall have discretionary power to employ and obtain an engineer who shall make such survey, estimates and perform such other duties as is necessary in changing, surfacing, estimating or changing the grades of any highway or road. Roads. Section 17. The commissioner shall have prepared annually by a certified public accountant a condensed statement showing the financial condition of the county, which statement shall be published annually in a newspaper having general circulation within the county, designated as the official organ of said county, with the statement in said paper that the detailed itemized warrants and other accounts are on file in the commissioner's office, subject to and open to the inspection of any taxpayer of said county. Annual statement, records. Section 18. Said commissioner shall elect one regular day of each week in which he shall remain in his office at the courthouse of said county, for the transaction of public

Page 2479

business in connection with his office, and otherwise shall devote as much time to his office as the duties of the office require. Office hours. Section 19. It shall be the duty of said commissioner, in all roads and bridge work done in said county, to keep always in view what will be to the greater good of the greatest number, and this policy shall be uniformly observed by said commissioner. Duties. Section 20. Said commissioner shall keep in constant touch with the office of the State Highway Department of Georgia and the office of the Director of the Bureau of Public Roads of the United States Department of Commerce, and shall secure and keep in his office and familiarize himself with all bulletins and pamphlets bearing upon the subject of road building, and it shall be his duty at all times to entertain and discuss with such offices and officials, theories and methods of road-building. Same. Section 21. Said commissioner may receive contributions for the improvement of public roads, bridges, or public works of the county from any person who owns property adjacent thereto, or from any other person who may be interested in the improvement of same, or from the State Government, or from the United States Government; and such contributions when received shall be used for the improvement of same as designated by the contributor; and said commissioner shall keep a book of accounts, which shall correctly show all such contributions, from whom received, and a correct disbursement of same, and he shall take and file receipts for all such disbursements, and he and his sureties on his official bond shall be liable to the ordinary of said county, for any misappropriation of any such funds, on said bond. Contributions. Section 22. If the commissioner shall fail to perform faithfully the duties of his office under this Act, whether from wilful neglect, from misconduct, malfeasance or malpractice in office, or from any mental or physical disability, from any other cause that unfits him for the duties of his office, he may be recalled in the following manner:

Page 2480

Upon the presentation to the ordinary of said county of a written petition signed by one-third of the qualified voters of said county, as shown by the last registration list duly certified by the registrars of said county, said petition setting forth the reason and grievances of said petitioner and asking for the recall of said commissioner, the ordinary shall order an election to determine the recall not earlier than 20 days and not later than 60 days from the date of the presentation of such petition; such election to be governed in all respects by the laws, rules, and regulations governing the election of county officers. If in the election a majority of the votes cast are in favor of the recall, then the said commissioner's office shall be declared vacant, and an election shall be called to fill said vacancy within thirty days thereafter, but if a majority of the votes cast are against recall, then the said commissioner shall remain in office. Recall. Section 23. If for any reason any section, provision, clause, or any part of this Act shall be held to be unconstitutional and invalid, then that fact shall not affect or destroy the validity or the constitutionality of any other part, section, provision, or clause of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the section, provision, or clause or part which may be held to be invalid. Severability. Section 24. That the Act of the General Assembly establishing a board of three commissioners approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved August 13, 1931 (Ga. L. 1931, p. 583), an Act approved February 19, 1951 (Ga. L. 1951, p. 2438), and an Act approved December 12, 1953 (Ga. L. 1953, p. 2380), be, and the same is hereby repealed. Act repealed. Section 25. 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 as provided by the Constitution of the State of Georgia, that a bill will be introduced at the

Page 2481

next session of the General Assembly convening on January 14, 1963, to abolish the Act creating a three (3) member board of commissioners of roads and revenues of Turner County, and substituting in lieu thereof a sole commissioner of roads and revenues of Turner County; to provide for a referendum on the question; to provide for the continuation in office of W. G. Searcy, who is the last member elected to said three (3) member board, as sole commissioner until an election is held to fill said office; and for other purposes. This the 1st day of January, 1963. Roy Coker Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy Coker, who, on oath, deposes and says that he is Representative from Turner County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wiregrass Farmer, Ashburn, Ga., which is the official organ of said county, on the following dates: Jan. 3, 10, 17, 24, 1963. /s/ Roy Coker Representative, Turner County Sworn to and subscribed before me this 25th day of January, 1963. /s/ Kathryn Rule Notary Public (Seal). Approved March 22, 1963.

Page 2482

CITY OF McRAENEW CHARTERREFERENDUM. No. 162 (House Bill No. 231). An Act to amend, consolidate, create, revise and supersede the several Acts incorporating the City of McRae, in the County of Telfair, and State of Georgia, and all amendments in respect thereto; to create a new charter for said corporation; to provide a municipal government therefor; to define the territorial limits of said city; to provide for a mayor and council and to define their powers and duties; to provide the punishment of violators of the ordinances, rules and regulations of said municipality; to define the special powers and duties of the mayor; to provide for elections of mayor and council members and define their qualifications, terms of office, their meetings and methods of appointing and electing officers and employees of said city, the method and manner of filling vacancies; to provide for election managers, their oaths and duties, their compensation; to provide for registration of voters and preparation of lists of voters; to define method of holding elections, for declaring the results thereof; to authorize and empower said city to own, purchase, and hold real estate, to provide for the sale of same; to provide the procedure by which said city shall make conveyances; to provide for and define its territorial limits; to provide a method by which said city may be divided into wards; to provide for a voters' oath; to provide the qualifications for voters; to provide punishment for illegal voting; to provide for a board of registrars, their qualifications and duties; to provide rules regarding the acts and duties of the board of registrars and to provide for appeals from their determinations; to provide for a city council, their duties, powers, terms of office, and number; to provide for a mayor, his term of office, and his qualifications; to provide the times when the polls shall open and close at all city elections; to provide qualifying dates for candidates; to provide rules regarding the count of votes in all elections; to provide for the selection of pollholders, their oath and duties; to provide for election places; to define unlawful acts at elections and provide

Page 2483

punishment therefor; to provide for the challenge of a voter and the procedure for same; to provide for legislative powers for the City of McRae; to provide for rules regulating the keeping of dogs within the limits of said city; to provide an oath of office for the mayor and aldermen; to provide for the selection of a mayor pro tem.; to provide standing committees of said council and for vacancies therein; to provide for the passing of ordinances, veto power, and passage over veto; to provide for bond issues for public utilities; to provide for bond elections and the purposes thereof; to provide for special registration and for the manner in which bond elections shall be held; to provide for the sale of public utilities and for the distribution, use, or investment of same; to provide qualifications for aldermen and their compensation; to provide a penalty for malpractice in office; to provide liability for unlawful expenditures of mayor and aldermen; to provide for city officers and the manner of their selection; to provide for the duties of the clerk; to provide for the duties of the treasurer; to provide for the bond, oath and pay of such officers; to provide for the duties of the marshal; to provide for a building inspector, his duties, and regulations pertaining thereto; to provide for a milk and food inspector and his powers; to provide for a police court and judge thereof; to provide for certiorari from the police court; to provide for a clerk of the police court; to provide for city work gangs; to provide for a city jail; to provide for the enactment of ordinances of a criminal nature; to provide for the enactment of ordinances in furtherance of the general welfare; to provide for appeals from the police court to the mayor and council; to provide for zoning; to provide for the exercise by the city of the right of eminent domain and the procedure therefor; to provide for the suspension of business licenses; to provide for a board of health, its powers and rules and regulations in regard to same; to provide for the abatement of nuisances; to provide drainage and sanitary measures; to provide for quarantine and condemnation; to provide for concessions for new industry; to provide for public services and utilities and for regulations of same; to provide for city employees; to provide for a police force for said

Page 2484

city; to provide for the regulation of occupations; to provide for the suppression of gaming; to provide for the use of public utilities and services for the public use; to provide for the installation of meters; to provide for a fire department for said city and for fire limits; to provide for encroachments; to provide for public works; to provide for payment of damages by said city; to provide for city parks; to provide for taxation and the rate thereof; to provide for a license tax for all businesses; to provide ad valorem taxes; to provide for tax assessors and their duties; to provide for the payment of taxes; to provide for streets and the control thereof; to provide for street improvements and the method of paying for same; to provide for assessments; to provide for bonds for street improvements; to provide for repaving or resurfacing of streets; to provide for franchises in streets; to provide for an audit of city books; to provide for appearance bonds and the forfeiture thereof; to provide for a bond commission; to provide for the annexation of territory; to provide for removal of city officials; to provide for punishment for violation of any orders, ordinances, rules, regulations of McRae; to provide for severance of enactment of charter, to define, prescribe, and enumerate the rights, powers, authority and governmental jurisdiction of the City of McRae, its mayor, council and other officers and employees as well as to provide powers, rights and authority to enforce and carry out the rights and privileges granted; to repeal conflicting laws and ordinances; and for other purposes. 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 sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114 and 115 of the Act known as an Act to

Page 2485

create a new charter for the City of McRae, Georgia, approved August 1, 1918, Acts of 1918, page 745, including any and all amendments thereto and revisions of same, be and the same are hereby repealed, and the amendments and revisions hereinafter set out shall be substituted therefor. Sections of prior charter repealed. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that the municipal government of the City of McRae shall consist of a mayor and six aldermen, who are hereby constituted a body corporate under the name and style of the City of McRae, and by that name and style shall have perpetual succession, shall have a common seal and be capable in law and equity to purchase, have and hold, receive and enjoy, possess and retain any estate or estates, real and personal, of whatsoever kind or nature, within the jurisdictional limits of the City of McRae, and shall by the same name be capable to sue and be sued in any court of law or equity in this State, and shall succeed to all the rights, powers, privileges and immunities and be subject to all the penalties, forfeitures and liabilities of the present municipal corporation known as the City of McRae. Every right, title, claim or interest in property, real and personal, legal or equitable, contingent or vested, present or future, and every note, bill, bond, chose in action or demand of any kind now held, claimed, or owned by the mayor and council of the City of McRae or by the City of McRae, shall and does hereby pass to the City of McRae, along with every right, power and privilege to enforce such right, title, claim or demand in its own name as was enjoyed by the City of McRae or by the mayor and council of the City of McRae. And every right, title, claim or demand of any kind or character against the mayor and council of the City of McRae or the City of McRae may be enforced, set up and established against the City of McRae to the same extent as such right, title, claim or demand could have been set up and established against the mayor and council of the City of McRae or the City of McRae, and the City of McRae shall be liable on all such rights, claims, and demands to the same extent, and no more, than would the City of McRae or the mayor and council of the City of McRae had its charter not been amended and revised as herein provided. All officers, agents and employees

Page 2486

shall continue in their offices and the discharge of their duties under the City of McRae, with the same rights, powers, privileges and immunities and subject to the same liabilities and for the same terms and compensation in the same manner and to the same effect that they would have been authorized, empowered and liable had not the charter of said city been amended as aforesaid. Incorporated. Section 3. The said City of McRae shall be and is hereby authorized to purchase, own, and hold, for any municipal purpose, within the judgment and discretion of the mayor and council may determine to be necessary or of use and benefit in connection with or for any municipal purpose, including the right to purchase and hold additional land to that necessary for any municipal improvement, where in the discretion of mayor and council, a saving can be made to said city by purchasing such land rather than condemning the actual land necessary. Powers. Be it further enacted that said city, through the mayor and council, shall be and is authorized to sell and dispose of any land or personal property that may now be held or owned by said city for any purpose whatsoever, or that may hereafter be acquired by said city for any purpose whatsoever, and such sale may be, on a majority vote of the council, and without advertising or other notice, or after, should the mayor and council so order by resolution, the advertisement of such property one time a week for four weeks and on sheriff's sale day. In the event of a sale of any land that may be owned or acquired by said city, conveyance of the title thereof shall be made in the name of said city, subscribed thereto by the mayor and attested by the clerk under the seal of said city, unless the council by resolution shall direct and authorize the execution of such conveyance by some other officer or agent of said city. Section 4. The corporate limits of the City of McRae shall include and embrace all that tract or parcel of land known and distinguished as lots of land numbers 172, 173, 188 and 189, situated, lying and being in the tenth land

Page 2487

district of Telfair County, Georgia, and boundary lines between said lots above mentioned and the lands adjoining said lots shall be and shall constitute the corporate limits of said City of McRae. Corporate limits. In addition to the above territory and parcels of land embraced within the corporate limits of the City of McRae, Georgia the following described property is and shall also be included within the corporate limits of said city: All that tract or parcel of land consisting of all of original land lot number 158 and portions of land lots 141, 142, 159 and 160 in the 10th land district of Telfair County, Georgia, and contained within the following lines to-wit: Beginning at the north corner of said land lot no. 158 and run thence south 46 degrees east 2981 feet along the northeast line of said lot to the east corner of said lot, thence continuing south 46 degrees east 3188 feet along the northeast line of land lot 159 to the east corner thereof, thence continuing south 46 degrees east 665 feet to the stake on the northeast line of land lot 160, thence south 44 degrees west 668 feet to a stake, thence north 46 degrees west 665 feet to a stake on the northwest line of land lot 160, thence south 44 degrees west 336 feet to a stake on the southeast line of land lot 159, thence north 46 degrees west 1792 feet to a stake on the southeast boundary of Third Avenue (also known as State Highways 30 and 31), thence south 28 degrees west along said highway boundary 2046 feet to a stake, thence continuing along the east boundary of State Highway 31 as the same makes a 3 degree curve 1310 feet to a stake, thence continuing along said highway boundary south 19 degrees east 778 feet to the point of intersection of the south boundary of the Sharon Road with the east boundary of State Highway 31, hence south 64 degrees west 1980 feet along the south boundary of said Sharon Road to a stake on the southwest line of lot 142, thence north 46 degrees west 2858 feet along said lot line to the west corner of said lot, thence north 44 degrees east 3169 feet to the north corner of said lot, thence north 46 degrees west 2985 feet along the southwest line of lot 158 to the west corner of said lot and thence north 44 degrees east 3007 feet to the north corner of said lot 158, the point of beginning; said land lying in one solid

Page 2488

body of land consisting of 205.92 acres of land lot 158, 151.32 acres of land lot 159, 10.19 acres of land lot 160, 7.24 acres of land lot 141 and 204.40 acres of land lot 142 and containing in the aggregate 579.07 acres of land, said property being more particularly described and delineated by reference to a plat of survey thereof by H. G. McCranie, Surveyor, dated December 24, 1958. Also all that tract or parcel of land consisting of 30.60 acres of original land lot 203 and 65.75 acres of original land lot 202 in the 10th land district of Telfair County, Georgia, and contained within the following lines, to-wit: Beginning at the south corner of original land lot 203 and running thence north 46 degrees west along the southwest line thereof 1960 feet to a stake, thence north 33 degrees east 690 feet to a stake, thence south 46 degrees east 2080 feet to a stake on the northwest line of land lot 202, thence north 44 degrees 758 feet along the northwest line of land lot 202 to a stake, thence south 46 degrees east 2020 feet to a stake, thence south 44 degrees west 1418 feet to a stake on the southwest line of land lot 202, thence north 46 degrees west 2020 feet along said lot line to the west corner of lot 202, the point of beginning; said land containing in the aggregate 96.35 acres and being more particularly described and delineated by reference to a plat of survey thereof by H. G. McCranie, Surveyor, dated December 24, 1958. Also, thirty three and one tenth (33.1) acres of land, lying, being, and situate in lot of land number 202 in the tenth land district of Telfair County, Georgia, and contained within the following lines: beginning at a point and stake situated on the southwest lot line of lot 202 in the center of Batten Street at the point where Batten Street crosses said lot line and running thence north 44 degrees east 1669 feet along the property line of Central High School to a stake, thence at right angles south 46 degrees east a distance of 1150 feet to a stake, thence at right angles south 44 degrees west a distance of 505 feet to a stake, thence at right angles north 46 degrees west a distance of 408 feet to a stake, thence at right angles south 44 degrees west a distance of 1164 feet to a stake, thence at right angles north 46 degrees west along the original southwest lot line of lot 202 a distance

Page 2489

of 742 feet to a stake in the center of Batten Street, same being the point of beginning of this description, according to a plat thereof by Jake Harrell and Jim Ross, Surveyors, dated February, 1963. Section 5. That the mayor and council of the City of McRae shall have full power and authority, by a two-thirds vote, to create wards in and for said city and to define the boundaries and limits of such wards, to name or number such wards as may be created, and to provide for the number of councilmen who shall be elected from each ward, but the creation of wards shall always be at the discretion of said mayor and council, and should wards be created in and for said city, they may be abolished at any time by a two-thirds vote of the council, the same as when created. Nothing in this Act, however, shall be construed to authorize more than six aldermen. In the event said city is divided into wards, each ward shall be entitled to an equal representation on the council. Wards. Section 6. On the first day of January of each year the clerk of the City of McRae shall open a book to be designated as Voters' Book, containing on the top of each page the following oath, to-wit: I do solemnly swear or affirm that I am a citizen of the United States, that I am 18 years of age, or will be on the first Tuesday in December of this calendar year; that I have resided in this State for one year, in this county for six months and in the City of McRae for three months immediately succeeding the date of this oath, or will have so resided on the first Tuesday in December of this calendar year; that I am not disfranchised from voting by reason of any offense committed against the laws of the State. I further swear or affirm that the ward and street number set opposite my name in this Voters' Book is my true place of residence, and that the statements opposite my name in said book as to my age and occupation are true, so help me God. In addition to keeping such Voters' Book open for signatures during the usual hours of business daily from January 1st, as hereinbefore required, said clerk for a period of thirty days, beginning thirty days prior to the first day of November 1963, and annually thereafter, shall keep said Voters' Book open for signatures at city hall, from

Page 2490

9 o'clock a.m., until 6 o'clock p.m. each day, Sundays only excepted, and only from 9 o'clock a.m. until 12 o'clock noon on Saturdays. For the period of thirty days beginning thirty days prior to the first day of November 1963, and each year thereafter, the mayor of the City of McRae shall appoint a deputy registrar, subject to confirmation by the council. Said deputy registrar shall have charge of said registration book during said period of thirty days, and during said period he is authorized and empowered to administer said oath and to assist voters registering in making their signatures clearly legible. Any person desiring to be registered as a voter, and who may be qualified to register as hereinafter provided, may apply to the said clerk, or the deputy registrar, during the period of his service, and after reading said oath or having the same read to him, shall subscribe to the same by signing his name in such Voters' Book under-neath the written or printed oath above described. A memorandum of the age of such registrant shall be made at the time he registers, and if not eighteen years of age a memorandum of the date when such registrant will arrive at the age of eighteen shall in like manner be made, showing the date in that year when he will reach eighteen and where the registrant has not resided in the State one year, or in the county six months, or in the city three months at the date of taking the oath and registering, a similar memorandum shall be made, showing the date in that year when he will have resided in the State for one year, in the county six months and in the city three months. Said city clerk shall always keep such Voters' Book for signatures at his office at the city hall at any and all times when his office is open for the payment of taxes or other business, except for the closed period hereinafter provided for. Upon request of the applicant, or in any case in the discretion of the officers in charge of said book, such officer shall read or repeat said oath distinctly to the applicant, and if such applicant cannot sign his name, said officer shall sign for him, the applicant making his mark. The signature so made in said book shall be evidence that the person so signing swears or affirms the truth of every statement contained in said oath, and also to the written memoranda or entries opposite his signature. For the purpose of more easily identifying the

Page 2491

voters, a note shall be made in the Voters' Book in connection with each signature of persons signing, that is to say, whether white or colored. Any person swearing falsely under this section shall be liable to indictment and punishment as in other cases of false swearing under the laws of this State, and the act of signing said registration book shall in any prosecution hereunder be held and deemed equivalent to taking the oath there-in printed. On November 1st, before the general election in December of each year, said city clerk of McRae shall close the registration books for the general election of that year, and shall make up and keep on file in his office a list to be designated as Registered Voters in alphabetical order, of the names of said Voters' Book and distinguishing in said list between the white and colored voters. At 6 o'clock p.m. on November 1st of each year, said registration shall close, and in the event said November 1st falls on Sunday or a legal holiday, registration shall close at 6 o'clock p.m. the previous day. Voters' book. Section 7. No qualified person voting in the regular McRae general election in the year 1963, or any year thereafter, shall be required to re-register so long as he or she continues to vote in each and every said regular McRae general election. The re-registration of persons voting in such elections shall be automatic each and every year until such voter fails to vote in said election, whereby such voter must be required to again register in accordance with the provisions herein set forth before such voter shall be qualified to vote in the following year. The aforesaid provisions regarding continued or automatic registration shall not apply to persons voting an absentee ballot, those persons being required to re-register before being qualified to vote in the next regular McRae general election immediately following the one wherein such absentee ballot was cast. Elections. Section 8. No person, for voting purposes, shall be treated as a resident of the City of McRae who appears to consider the City of McRae his or her place of residence solely for the privilege of voting therein and/or who must rely solely on the element of intent to establish residence in said city without further being able to provide sufficient evidence of some of the other elements considered by the

Page 2492

Laws of Georgia when determining the place of residence of a particular party. Residents. Section 9. The following shall be the qualifications necessary for registration: (a) The person must be a citizen of the United States, who has resided in the State one year, in the county six months and in the city three months next preceding the time of the election. (b) He or she must be eighteen years of age or must become so by the date of the election. No person shall be entered on the register who does not apply to the city clerk or the deputy registrar during his period of service, in person, upon the days and within the hours fixed for registration. Voter qualifications. Section 10. No person shall be allowed to vote at any election in said city for the election of mayor and alderman for said city who has not been duly registered according to the provisions herein set forth unless such person shall produce a certificate signed by a majority of the registrars stating that his or her name was omitted from the voters' list by mistake or accident. Any person voting in any such election or any other election held in and for the City of McRae without having registered shall be guilty of an offense against the City of McRae and shall be subject to the jurisdiction of the police court or mayor's court of said city and may be punished the same as other offenders. Elections. Section 11. The City of McRae shall be authorized to establish a board of registrars for said city consisting of five members to be selected by the mayor and council in the month of January of each year and each member to serve for a term of only one year, the remainder of the year during which he was appointed. It shall be the duty of the mayor and council to appoint such members as may have the following qualifications: (a) Each registrar must be a qualified voter in the City of McRae. (b) Each registrar must be at least twenty-five years of age, and must have resided within the limits of the City of McRae for a period of at last three years next preceding his appointment. (c) No registrar shall continue to serve in the event he or she or his or her spouse, parent or child becomes a candidate for a city office and his or her successor shall be appointed

Page 2493

in a like manner with such appointment being subject to the same conditions. Before entering upon their duties, the 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. Board of registrars. It shall be the duty of the board of registrars to keep the voters' list current and to see that only the names of qualified voters remain on said list. The board of registrars shall reject the name of any person who they feel is not duly qualified to vote in the McRae city elections. Following each regular McRae general election the clerk of the City of McRae shall obtain a certified copy of the list of persons having voted therein and secure same for safekeeping in the vault located in said clerk's office. Said list shall be furnished to the said board of registrars at their request, but not later than the first day of November of each year. Within five days following the close of registration, the city clerk shall also furnish to the said board of registrars a certified list of the persons having registered in that particular year and shall assist the board of registrars, at their request, in preparing a true and correct list of the properly qualified voters in said city. Duties. The board of registrars may meet in the council chambers at its convenience, and the chairman who has been appointed by the mayor and council shall preside at all meetings, or in his absence the Registrar selected to so act from among and by those present. A total of three registrars shall constitute a quorum. A primary duty of the board of registrars shall be the purging of the voters' list of the names of all persons who have died, moved away, or otherwise become disqualified to vote in the City of McRae. The board of registrars shall have the authority to subpoena and summon witnesses and by appropriate orders to produce the appearance of such documents or other instruments or records as they deem relevant to their duties. The board of registrars shall complete their duties and shall provide for the clerk of said city each year a complete and revised list of registered voters not later than November 20th each year. All meetings of the board of registrars, including all hearings, shall be open

Page 2494

to the public, as well as the voters' list and the records kept by them. No voters' name shall be removed from the list of registered voters unless said voter has been given three days notice in writing and an opportunity to appear and be heard before the board, if requested in writing within two days of the receipt of said notice. The mayor and council of the City of McRae are herewith empowered and authorized to pass by ordinance such other rules and regulations regarding the board of registrars, their acts and duties, compensation, and rules to be observed by them, as the mayor and council deem will further the ends of justice in that only legally qualified persons will be afforded the right to vote in the McRae city elections and no person legally qualified to vote shall be deprived of this right. All persons stricken from said list of registered voters or denied the right to register shall have the right to request a hearing before the board of registrars and shall have the further right to appeal their ruling to the mayor and council, who may, by a majority vote, reverse the ruling of the board of registrars. The mayor and council shall by ordinance fix fair and just rules regarding such appeals. Section 12. It shall be the duty of the city clerk to cause to be printed and posted in a conspicuous place at the council chamber by 7 o'clock a.m., on the day of the election, the complete and corrected list of the registered voters, and also to furnish to the election manager and at least three of the pollholders a copy of such printed list before the polls are open on the day of the election. The books of registration shall be open to public inspection at all times from the beginning of the registration to the day of the election. Voter lists. Section 13. Be it further enacted by the authority aforesaid, that the government of said City of McRae shall be vested in said council composed of a mayor and six aldermen. The present mayor and the present aldermen shall continue in office until the expiration of the term for which they are elected and until their successors are elected and qualified. And they and their associates and successors shall have and execute all the rights, powers and duties herein

Page 2495

conferred on the city council of the City of McRae created by this Act, and all ordinances, rules and regulations now in force in said city not repugnant to this charter are continued in full force and effect until the same may be repealed, annulled, amended, changed or modified by said council. All officers now in office, elected or appointed by the mayor or council or mayor and council, shall continue to hold their office and discharge the duties until the expiration of the term for which they were elected or appointed, and until their successors are elected or appointed, unless sooner suspended, removed or discharged by said council. City council, ordinances in force, etc. Section 14. The term of office of the mayor of the said city shall be two years. On the first Tuesday in December, 1963, a successor shall be elected for the present mayor of the City of McRae, and biennially thereafter there shall be an election for mayor of said City of McRae. The term of office of the aldermen of said city shall be two years. On the first Tuesday in December, 1963, three aldermen shall be elected for a term of two years, to succeed the three aldermen whose terms of office expire December 31, 1963. Annually thereafter three aldermen shall be elected for a term of two years each to succeed the three aldermen whose terms of office expire annually. Terms of mayor and aldermen. Section 15. At all city elections, special as well as regular or annual elections, the polls shall open at 7 o'clock a.m. and shall close at 6 o'clock p.m. on the day of the election. Election hours. Section 16. All candidates for the office of mayor and/or alderman in the regular McRae general election to be held in December shall qualify with the clerk of the City of McRae not earlier than October 1st and the time for qualifying shall close at 6 o'clock p.m. October 20th of each and every year. In the event October 20th falls on a Sunday or on a legal holiday, the final date for qualifying shall be the previous day at 6 o'clock p.m. Candidates must qualify. Section 17. Be it further enacted by the authority aforesaid that all elections, regular and special, shall be held by at least three persons, citizens and electors of the City of

Page 2496

McRae. The ballot box shall not be opened and the count of votes in such elections shall begin only after the polls are closed. Only one ballot box shall be used, same being large enough to hold all ballots cast, and said box shall be publicly opened and exhibited before any votes are placed therein. The Australian secret ballot shall be used in city elections. Elections. In all such elections, regular or special, one pollholder shall be selected by a majority vote of the mayor and council of the City of McRae. Furthermore, each and every candidate duly qualified in such regular or special elections shall have the right to equal representation in the polls and each candidate shall have the privilege of selecting for his or her representative a pollholder solely of his or her choice. The manager of all regular and special elections shall be elected from among the group of pollholders and further selected by the majority vote thereof. The pollholders and the said manager shall take the following oath before entering upon their duties, to-wit: We and each of us do solemnly swear that we will faithfully and impartially conduct this election, prevent all illegal voting, tally and declare the results of said election to the best of our skill, power and ability, so help us God. The said election pollholders and manager shall determine who are voters from the voters' list prepared by the board of registrars and clerk of the City of McRae and shall keep an accurate record and tally of all votes cast in any election, including an accurate record of the names of all persons casting their votes. It shall be the duty of the said manager and pollholders, after all votes are counted, to declare and publish the number of votes received by each person at said election and further declare the results of said election. A minimum of three copies of the tally sheets shall be made out by the pollholders, one of which shall be handed over to the mayor for the time being and the other two shall be retained by the pollholders. As soon as the mayor as aforesaid shall be informed of the result of said election he shall cause the person elected to be notified of the same and shall also file with the clerk of the council of said city the copy of the tally sheet of said election to be kept on file by said

Page 2497

clerk in his said office and duly recorded by the said clerk on the book of minutes of the council aforesaid. The person who shall receive the highest number of votes for mayor shall be declared duly elected. The persons offering for aldermen who receive the highest number of votes shall be declared duly elected. Section 18. The mayor and council shall provide at the expense of the city the necessary material for carrying on the elections, and shall designate the buildings or places where the polls for all elections shall be had. Said mayor and council shall provide for the holding of all elections either at a public school building in said city, or at the city hall, or other room or building where said city council holds its meetings, and not elsewhere. Until changed, as hereinafter provided, all elections of said city shall be held at the city hall. In the event it shall be desired to change the place of holding elections, said city council may by resolution adopted in regular meeting, change the place of holding elections to said school building or from said school building to the city hall, as the case may be, but before said change shall be effected, said city council shall cause notices in writing of said change to be posted before the school building door and in a conspicuous place at said city hall for a period of thirty days. Such a change of the election place shall be further advertised at least once in the county newspapers and the date of such election must be at least five days subsequent to the date of the appearance of the final advertisement in said newspapers. Same. Section 19. The mayor of said city, in conjunction with the sheriff of Telfair County and the police of said city shall take all necessary measures to preserve order, to prevent the carrying of deadly weapons contrary to law, and to secure to all the electors the right to deposit their ballots at the polls on the day of elections free from interference and intimidation. Police officers shall not intimidate nor persuade any elector at the polling places of said city at such elections. Every violation of this section shall constitute an offense against the City of McRae and the violator shall be subject to the jurisdiction of the police court or mayor's court of said city and such violators may be punished to the

Page 2498

same extent as herein authorized for the punishment of any other offender. Any person voting illegally at any election held in said city may be also punished as aforesaid. Elections. Section 20. If any person offering to vote at any election of said city is challenged, he shall take the following oath: I do solemnly swear that I am a citizen of the United States and of the State of Georgia; that I have attained the age of eighteen years; have resided in this State one year, in the county of Telfair six months and in the City of McRae three months next preceding this election; that I am duly registered to vote in said election; and that I have not voted in this election this day, so help me God. If the right of any person to cast a ballot is challenged for any legal cause and if said voter takes the above prescribed oath, the election manager shall not permit the voter to remove the number strip attached at the top of the ballot and the manager shall write the word Challenged on the back of the ballot and the cause alleged for the challenge. With the number strip still attached to the ballot, the voter shall then be permitted to deposit his ballot in the ballot box. No manager or other election official shall give any information in regard to a ballot cast by a challenged voter unless required by law to do so. Elections. Section 21. Be it further enacted by the authority aforesaid, that if for any reason there is a failure to hold the regular election for mayor and aldermen at the regular time provided for in this charter, on the first Tuesday in December, it shall be the duty of the city council to order an election as soon as practicable thereafter by giving at least ten days' notice of the same by publishing said notice once in the county newspapers and posting a written notice at one or more public places in said town, and such election shall be held and managed and results declared in the same manner as at a regular election, as provided for hereinafter. County newspapers as used throughout this charter shall be defined as the two newspapers maintaining offices in Telfair County, operating for commercial purposes, and the same being the two newspapers having the largest general circulation within the limits of the City of McRae. Special elections.

Page 2499

Section 22. The mayor and aldermen shall constitute the legislative department of the city government, and as such shall be vested with all power and authority from time to time to make and establish such rules and regulations and ordinances respecting the streets, lanes, alleys, parks and open courts, the markets and marketing, railroads, public houses, warehouses, ginneries, factories, manufacturing plants, carriages, wagons, drays, automobiles, livery stables, pumps, blacksmith shops, fire engines, street, business and residence lights, the water supply and all water used publicly and privately in said city, all closets and privies of whatever kind or character in said city, drainage, bridges, sidewalks, vehicles of every character, airships, apartment buildings, restaurants, cafes, opera houses, theaters, picture shows, all kinds of shows and circuses, all other places of amusement, storehouses, garages, shops, mills, barber shops, soda founts, telegraph, telephone, electric and gas companies, filling stations, business establishments of every nature, common carriers, all sales and displays in said city, keeping of all domestic animals within the limits of the city, the creation of a bird and wildlife sanctuary within the limits of said city, to prevent injury or annoyance to the public or individuals from anything dangerous or offensive or unwholesome, to protect places of divine worship in and about the premises where held, to regulate the keeping of gunpowder or dynamite and other combustibles, to provide in or near said city places for the burial of the dead, to regulate the interment therein, to act as trustees under any conveyance or will giving money or property for charitable purposes, to make regulations guarding against danger or damage by fire, to protect the person or property of the citizens of said city, to regulate and control public meetings and public speaking in the streets of the City of McRae, to contribute and support any work for the physical and moral uplift and benefit of the people of this city, to prevent the obstruction of the streets of said city or gathering of disorderly crowds in said streets, to own or lease and maintain airports and landing fields and anything necessary thereto, and to supervise and control it whether inside or outside of the city limits, and all other matters and things whatsoever that may be by them considered

Page 2500

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 things and acts necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this Act, but shall be construed as in addition to and in aid of such powers. Mayor and aldermen, powers. Section 23. Be it further enacted by the authority aforesaid that the mayor and council shall have the power and authority to impose a tax, not exceeding two dollars per capita per annum on dogs owned or kept or found within the corporate limits of the City of McRae, and shall have the power and authority to pass such ordinance as they deem necessary to collect such tax, or to otherwise enforce the provisions of this section, and may authorize and direct the Marshal and police officers of McRae to impound or kill any dog or dogs at large within the corporate limits of McRae whose owner has failed or refuses to pay such tax, and also to otherwise provide for punishment of such owner or owners. The mayor and council may pass appropriate ordinances regarding the keeping of dogs within the limits of the City of McRae, whether such dogs be confined or running loose. The mayor and council are granted further power and authority to have all dogs innoculated against rabies or other disease and to destroy those animals which are not so treated. Dogs. Section 24. That persons elected as mayor and aldermen, or aldermen, as the case may be, shall attend on the first day of January, unless it be Sunday, and in that case on the next following day, after their election, at the council chamber for the purpose of qualifying and taking the oath

Page 2501

of office. The mayor and each member of the council so elected shall take and subscribe before some judge or justice of the peace the following oath: Mayor and aldermen, oath. I, do solemnly swear that I will well and truly perform the duties of mayor, or member of the council, as the case may be, by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of McRae and the common interest thereof, so help me God. They shall then immediately enter upon the duties of their respective offices. Section 25. There shall be a chairman pro tem. elected by the council at their first meeting, or as soon thereafter as practicable, who shall preside over the council in the absence of the mayor, and who, on taking the oath of office, shall be clothed with all the powers, rights and duties of the mayor and shall serve during the absence from the city or disability of the latter officer. He shall have the casting vote in case of a tie, but shall not exercise the veto power vested in the mayor. In the absence from the city of the mayor and mayor pro tem., the council shall select from their body one to act as mayor pro tem., who shall have the power given to the mayor pro tem. The permanent or standing committees of the council shall be designated by the mayor at the first regular meeting after the organization of council in each year, or as soon thereafter as practicable. All vacancies in committees shall be filled by the mayor. Resignations of any member of council, either from the standing committees or from the council itself, and all resignations of the members of any of the boards of the city shall be addressed to the mayor of the city and disposed of by him. The resignation of the mayor shall be addressed to the council. Be it further enacted by authority aforesaid, that the mayor and three councilmen shall constitute a quorum for the transaction of any business before the city council at its regular meeting and that the mayor and three councilmen shall constitute a quorum for the transaction of any business at a call meeting, and a majority of the votes shall determine all questions and elections before the city council. Said city council shall hold regular meetings in every month,

Page 2502

and oftener if they think best, at stated times and at a stated place in said city, and shall hold such meetings as may be ordered by the mayor, or, in his absence or sickness, by the mayor pro tem., for special purposes, or when requested to do so by a majority of the aldermen. All meetings of the city council shall be public, and the public shall be allowed at all times to witness their deliberations, except when the city council resolves itself into executive session, when the public shall be excluded. Mayor pro tem; council meetings, etc. Section 26. That all elections by the mayor and council and all votes on appointees for confirmation shall be in public, and shall be conducted as follows: As soon as the names of candidates or appointees are announced, the clerk shall call the roll and each member of the body shall, as his name is called, vote viva voce, the clerk keeping a list of the votes, which shall be entered upon the minutes. At the conclusion of the call the presiding officer shall declare the result. A majority of the whole board shall in all cases be necessary to elect or confirm, as the case may be. Appointees, etc. Section 27. That every ordinance of the council and every resolution passed by that body shall, before it takes effect, be presented, certified by the clerk, to the mayor within two days after the passage thereof. If the mayor approves it he shall sign it; if not, he shall return it with his objections and file the same with the clerk within five days, Sundays excepted, after he receives it, and the council shall at the first regular meeting thereafter when a quorum is present order the objections to be entered at large on the minutes, and shall at said meeting take a vote on the question, Shall the ordinance or resolution pass, notwithstanding the objections of the mayor? If as many as four aldermen shall vote in the affirmative, such ordinance or resolution shall stand and become effective; otherwise, not. The ayes and nays shall in all such cases be entered on the minutes. If such ordinance or resolution shall not be returned by the mayor within five days, Sundays excepted, after he shall have received it, the same shall become effective in like manner, as if he had signed it. The clerk shall endorse on each ordinance or resolution the time when presented to

Page 2503

the mayor, and this endorsement shall be conclusive of the fact of such presentation and the time thereof. Mayor's veto, etc. Section 28. The City of McRae is hereby authorized to issue bonds in such amounts as may be permitted under the constitution and laws of the State of Georgia, and at such time or times as the mayor and council of the City of McRae may prescribe for the purpose of establishing and maintaining a system of surface and sanitary sewers; for the purpose of acquiring, operating and maintaining a light and electric power plant and system, and a water plant and system for furnishing lights and electric power and water to the citizens of said city; for the purpose of acquiring, operating and maintaining a municipal owned natural gas system for the benefit of the citizens and other consumers of said city; for the purpose of acquiring, operating and maintaining a municipal owned telephone system for the benefit of the citizens and other consumers of said city; for the purpose of acquiring, operating and maintaining a municipal owned cold storage plant for the purpose of furnishing cold storage to and for its citizens; for the purpose of opening, repairing, grading and claying, paving and otherwise reclaiming and improving the streets and sidewalks of said city, as the mayor and council of the City of McRae may prescribe, and for other purposes, with full power and authority in the City of McRae to make all contracts in the erection, maintenance and operation of such plants and systems, and for carrying on such work, and with full power and authority in the mayor and council of said city to make, declare and enforce all such ordinances, resolutions, rules and regulations concerning the use of said sewers, streets and sidewalks, electric power, lights and water, telephone system, municipal owned natural gas plant, and cold storage plant; and to provide by ordinance for compelling residents, citizens and property holders to make connection with such sewers at their own expense, and regulate and supervise such connections; and to prohibit connection with such sewers and the use of the lights and water and the streets and sidewalks of said city; and the other enumerated city owned public utilities; and to provide for the enforcement of such ordinances by fine and imprisonment as well as the issue and levy of execution for that purpose. Bonds, etc.

Page 2504

Section 29. The mayor and council of the City of McRae are hereby authorized and empowered to call by ordinance an election by the qualified voters of said city, for the purpose of obtaining the assent of two-thirds of said qualified voters to an issue of bonds in such amount or amounts as may be permitted under the constitution and laws of the State of Georgia, and at such time or times as the mayor and council may, in their discretion, prescribe for any or all of the following purposes, to-wit: Same. 1st. For working, grading, claying, paving, macadamizing, draining or otherwise improving for travel or use the public streets, alleys and lanes of said city. 2nd. For establishing and maintaining a system of surface or storm and sanitary sewers within the city; for the extension, improvement and maintenance of the present sewer system of said city. 3rd. For establishing and maintaining a lighting plant or a municipal owned natural gas plant, or for the construction of a new electric lighting and power plant and/or natural gas plant; for the extension and improvement of such electric lighting and power plant and/or natural gas plant. 4th. For the acquisition by purchase of a municipal water plant, or for the construction of a new water plant, and for the extension and improvement of such water plant, or for the extension and improvement of the present waterworks of said city. 5th. For the acquisition by purchase or for the construction of a cold storage plant, and for the extension and improvement of the same, and for the maintenance and operation of such plant or plants. 6th. For the acquisition or purchase or for the construction, operation and maintenance of a telephone system, and for the extension and improvement of the same. 7th. For the acquisition, purchase, or for the construction, operation and maintenance of such other utilities, public

Page 2505

service or convenience, or other undertaking, as the mayor and council may deem beneficial to and in the best interests of the City of McRae and the citizens therein. Section 30. In all elections that may be hereafter held in the City of McRae for the purpose of authorizing the issue of bonds by the City of McRae for any purpose whatever, a special registration shall be had, and such registration list prepared as herein provided, except the city clerk of the City of McRae, or the deputy registrar appointed for such special election during the period of his service for a period of thirty days beginning forty-five days prior to such special election, shall keep the voters' book open for signatures at the office of said city clerk in said City of McRae, and at such other places as the mayor of said city may designate, from 9 o'clock a.m. to 5 o'clock p.m. of each day, Sundays excepted. All of the provisions of this Act with reference to registering illegally for general elections shall apply to registrations for special bond elections. No bond election shall hereafter be held in the City of McRae without such special registration. Same. Section 31. That in the event said City of McRae should sell its light and power plant, its water system, its cold storage plants, and its telephone system, either or all of said plants or systems, that the proceeds of such sale shall be held by the mayor and council and applied and disposed of only as follows, to-wit: That the proceeds of such sale shall be first applied to the payment of the indebtedness of said City of McRae. Should said City of McRae be unable to acquire any bonds not yet mature, so as to retire them, that a sufficient amount of the proceeds of such sale, if it equals or exceeds such bonded indebtedness, shall be paid over to the bond commission to be invested by them in other bonds or securities, as provided by law, to be held intact for the purpose of paying off said bonded indebtedness as such bonds may be acquired or may mature, and so much of the proceeds of said sale as may be necessary for that purpose shall be so applied for the retirement of said indebtedness, and shall be used for no other purposes. Sale of utilities. Section 32. Be it further enacted that should the proceeds

Page 2506

of the sale of said plants exceed the indebtedness of said city, then said mayor and council shall be and are authorized and directed to invest said excess in such securities as in their discretion may be safe, bearing reasonable interest, and may use the interest in defraying the expenses of the municipal government; but the mayor and council shall not be authorized to loan said funds, or any part thereof, to private individuals. That no part of the principal of said funds shall be applied or extended by the mayor and council for any purpose unless authorized so to do as hereinafter provided. Proceeds of sale. Be it further enacted that any part or all of the excess over the indebtedness of said city, of any funds realized from the sale of any of said plants, may be applied by the mayor and council to any municipal purpose that may be authorized by a vote of the qualified voters of the City of McRae, at an election called for that purpose. Should the mayor and council decide it advisable to apply said funds to any municipal purpose, they may of their own initiative call an election for authority to do so. On a petition by one-fourth of the qualified voters of said City of McRae, the mayor shall call an election to submit to the voters of said city the question whether or not said funds shall be applied to any purpose requested in said petition. Said mayor and council, of their own initiative, may order an election at any time, and on a petition as hereinbefore provided must order said election within ten days from the time such petition is filed. In the order calling said election the mayor and council shall set the time and place for the same to be held, not less than twenty days, and advertise the same twice in newspapers published in Telfair County. Such election shall be held as general elections of said city are held, and returns thereof made to and the results declared by the mayor and council. In such election should a majority of those voting vote in favor of applying said funds to the purpose for which the election was called, the mayor and council shall thereupon be authorized so to apply said funds. Section 33. That no person shall be eligible as mayor unless he be of the age of twenty-five years at least, qualified to be an elector of the city, and who shall have resided

Page 2507

in the city three years immediately preceding his election. He shall also be a bona fide freeholder of the city in his own right at the time of his election, and shall remain such bona fide freeholder owning real estate in the city in his own right during his entire term of office as mayor. Qualifications of mayor. Section 34. The mayor, unless otherwise provided by ordinance, shall receive a salary of twelve hundred dollars per annum. The mayor and council may fix by ordinance the salary of the mayor, however, but no change shall be made in the salary of the mayor during his term of office. He shall hold his office for a term of two years, and until his successor shall be chosen and qualified. He shall be the chief executive officer of the city and shall have a general supervision over all its affairs, sign all deeds and contracts, approve all bills and vouchers for the payment of money, and shall be clothed with the veto power as hereinafter set forth. It shall be his duty to see that the laws of the State and ordinances of the city are faithfully executed within the limits of the territory over which the city government extends. He shall keep the council advised from time to time of the general condition of the city, and shall recommend such measures as he may deem necessary or expedient for the welfare thereof. He may call the council together at any time when deemed necessary by him, and he shall preside over all meetings of the council. He shall preside over the police courts of said city, and shall exercise the duties of judge of the police court for the trial of violators of the ordinances of said city as hereinafter provided. Mayor's salary, duties, etc. Section 35. No person shall be eligible as an alderman of said city unless he or she shall have attained the age of twenty-one years, and shall be at the time of his or her election qualified to be an elector of said city, and must, in the event he or she is elected from any particular ward, reside in the ward for which he or she is elected, and shall not remove therefrom during his or her term of office on pain of forfeiture of his or her said office. Before a person shall be qualified and eligible for the office of alderman for the City of McRae, he or she must be a bona fide freeholder of said city in his or her own right at the time of his or her

Page 2508

election, and shall remain such bona fide freeholder owning real estate in the said city in his or her own right during his or her entire term of office as alderman, except that this provision shall not apply to women whose husbands are bona fide freeholders in said city in their own right. Qualifications of aldermen. Section 36. The compensation of each alderman of the City of McRae shall be the sum of ten ($10.00) dollars for each attended regular or call meeting of the city council of the City of McRae, which said sum shall be in full for all compensation that any alderman shall be entitled to receive out of the treasury of the City of McRae. The mayor and council of said City shall have power to change by ordinance the salary or compensation of aldermen for their services as such, but compensation of such alderman shall not be changed during his or her term of office. Aldermen's salaries, etc. Section 37. That in case the mayor, or any members of council, while in office, shall be guilty of malpractice, any wilful neglect in office or abuse of the powers confided to him, or shall be guilty of any other conduct unbecoming his station, he shall be subject to be indicted before the Superior Court of the County of Telfair, and on conviction shall be fined in the sum not exceeding one hundred dollars. Furthermore, such suspension shall be accepted by the city council in lieu of a formal vote of at least four members of the council calling for the resignation of such person, said council being then authorized to ask for such person's resignation, and upon his or her failure to resign, the council shall proceed to call an election in accordance with the provisions of section 133 of this Act, the provisions of said section governing such election, and otherwise controlling all issues involved. The said fine may be collected by execution and shall be applied to the use of the city by the treasurer. Malpractice by mayor or aldermen. Section 38. That it shall be unlawful for any alderman or aldermen composing any committee of council to expend more money for the use of any department of the city government than has been duly appropriated for such department by the mayor and council of the City of McRae. That any alderman or aldermen violating this provision shall be

Page 2509

personally liable to the City of McRae or to any other person damaged thereby, in the amount of the unauthorized excess expended over and above the amount set aside and appropriated by the mayor and council of the City of McRae. Unauthorized spending of money. Section 39. That in case of any vacancy among the members of council, either by death, resignation, failure to elect, removal from office, or removal from the city, the mayor shall advertise an election to fill the vacancy, and in case of the death of the mayor, his resignation, removal from office, or removal from the city, the city council shall order an election for filling the vacancy. In each case ten days' notice shall be given in the county newspapers, and by posting written notice at one or more public places in said city, unless such vacancy should occur within three months of the next regular election in said city at which aldermen for said city are elected. In which latter event the council shall elect the mayor or alderman, as the case may be, to fill said vacancy until said regular election in which said mayor or alderman, as the case may be, shall be elected to fill such unexpired term, or as successor of said officer, as the case may be. In the event it shall be necessary to call an election to fill a vacancy as aforesaid, the registration list which was used in the last regular McRae general election shall be used for said special election, except that the mayor and council shall by ordinance provide for an additional period of registration immediately preceding said special election and the names of those persons registering during the period of said additional registration shall be added to the said list of those persons voting in the last regular McRae general election and to the list of persons having registered since January 1st of the particular year, such persons having registered since January 1st also being qualified to vote in said special election. Vacancies. Section 40. Be it further enacted by the authority aforesaid that the mayor and aldermen of said city are hereby authorized and empowered to elect for said town, annually and for a term of one year, unless sooner discharged, a clerk, assistant clerk, treasurer, chief of police and as many policemen as they think necessary, a board of health, sanitary inspectors, building inspector, chief of fire department, city

Page 2510

physician, attorney, meat inspector and tax assessors, and so many of said officers and such other officers, including cemetery keeper, as they may deem necessary and proper, fix their salaries, require them to give bond, prescribe their duties and oaths, and suspend or remove them from office, or impose upon them fines at their discretion, and all officers elected or appointed by said mayor and town council shall accept such offices subject to be suspended, removed or dismissed therefrom at the will of the town council, at any time they may see fit to make such suspension, removal or dismissal, and no officers dismissed or removed shall be entitled to any salary whatever during suspension or after removal, no matter whether the time for which he had been elected or appointed has expired or not. The mayor and councilmen, at their discretion, may elect or appoint the same person to discharge duties of more than one officer. All such officers shall be elected at the first meeting of the mayor and councilmen in January of each year, or as soon thereafter as possible. Officers. Section 41. Be it further enacted by authority aforesaid, that it shall be the duty of the clerk to collect and keep, subject to the discretion of the city council, all money due and belonging to the city, except as hereinafter provided; to be custodian of the books and records of the city and to preserve a minute of all the acts and doings at each meeting of the city council; to be ex-officio clerk of the police court of said city, and to perform all such other duties as are required of him by this Act, and which may be required of him from time to time by the ordinances, rules and regulations of the city council. Before entering upon the discharge of the duties of his office he shall take before the officer authorized to administer oaths in this State an oath to faithfully and honestly discharge the duties of his office, and shall execute such bond and in such sum as shall be required of him by the city council, with good and sufficient security, to be approved by the mayor. He shall keep a separate and correct account of all the separate and distinct funds received and disbursed, so as at all times to show the true condition of such funds. He shall also make general and special reports in the manner and at the times when called upon by the city council to do so. Clerk.

Page 2511

Section 41(a). Be it further enacted by authority aforesaid, that it shall be the duty of the treasurer to keep a set of books in which he shall make entries of all sums of money received and all sums paid out by him, when and to whom, and for what purpose, and shall give a receipt for all sums of money received by him, and shall take a receipt for all sums of money paid out by him, which books and receipts shall at all times be open to the inspection of any citizen of said city and all sums of money paid into the hands of the treasurer by the provisions of this Act shall be, and the same are hereby directed to be a fund fo rthe exclusive use of the said city. The duties of the treasurer are such as are usual and which may be required of him by the ordinances of said city and by this section. Before entering upon his duties he shall take an oath before some officer authorized by law to administer oaths, to faithfully and honestly discharge the duties of his office, and shall execute such bonds and in such sums as shall be required of him by the city council, with good and sufficient security, to be approved by the mayor. He shall also make general and special reports in the manner and at the times when called upon by the city council to do so. Treasurer. Section 42. Be it further enacted by authority aforesaid, that all other officers elected or appointed by the city council shall take such oath and give such bond as they may be required to so do, and also to perform such duties as they may be required to do by the ordinances, rules and regulations of the city council and to otherwise conform with all requirements made by the city council governing such officers. Oaths and bonds of officers. Section 43. Be it further enacted by authority aforesaid, that the compensation and salaries of all officers, servants and employees of the City of McRae, excluding the mayor and aldermen, shall be such sums as the mayor and city council may deem appropriate and thereupon fix by resolution. Salaries. Section 44. That it shall be the duty of the city marshal to levy and collect all executions for taxes or other money due the city; to advertise and conduct all sales of property

Page 2512

under execution, or other process, execute deeds and other conveyances usual in such cases, and perform such other services as the mayor and council may by ordinance require of him. He shall give bond in the sum of one thousand dollars for the faithful discharge of his duties and shall take the same oath of office, in the presence of the council, as that prescribed for the treasurer. Marshal. Section 45. That there shall be a building inspector for the City of McRae. The mayor and council shall have authority to elect such inspector as other city officials are elected, or shall designate some other proper person or city officer who shall, in addition to his other duties, perform all the other duties and have all the authority of the building inspector. Building inspector. That the building inspector, or such person as shall be designated as such by the mayor and council, shall keep a record in a book provided for the purpose, of all buildings erected in the City of McRae; shall issue permits for the building of the same, inspect all buildings, fences or walks in the city, and shall make a monthly report to the mayor and council. It shall be his duty to cause all buildings, walls and fences to be erected in accordance with the laws of the city, and shall make an inspection of any house, building, wall or fence, whether in course of construction or not, whenever required by the mayor and council of the mayor, and report immediately upon the same. Whenever the building inspector, after examination, shall determine that any buildings, walls, or fences constructed or in the course of construction, are dangerous, he shall have the authority to compel such structure torn down or removed, and the defects remedied, and the owner shall cause the orders of the Inspector to be immediately carried out. In the event of the failure of the owner or his agent to carry out the orders of the inspector, the inspector shall have authority to do the work necessary with whatever force provided by the mayor and council of the City of McRae at the expense of the owner of the property. The expense thereof shall be collected by execution, to be issued by the treasurer of the city, and shall be a lien upon the property of the

Page 2513

owner, and shall be collected in the same manner as tax executions. The mayor and council shall have full power to pass all necessary ordinances regulating buildings, fences and works, and prescribing the duties and compensation of the building inspector. Section 46. The mayor and council, upon the recommendation of the board of health of said city, may designate some fit and proper person as milk inspector and food inspector of said City of McRae, whose duties it shall be to enforce all ordinances and rules and regulations of the mayor and council and of the board of health of said City of McRae touching the inspection and sale of milk and cream, and of all meats, vegetables and groceries of all kinds and character in said city, and to enforce the rules and regulations of the mayor and council and of the board of health of said city with reference to all restaurants, hotels and other eating places in said city. Such inspector shall have full power as an officer of the board of health to examine all cows, dairies or stables, whether in the City of McRae or not, and condemn the milk sold from the same, and said inspector shall have full power to examine and inspect all meats, vegetables and other groceries offered for sale in said city, and to inspect all hotels, restaurants and other eating places and to go in and upon any premises, store, or other place for said purpose, and any person offering for sale any milk or cream, meats, vegetables or other groceries, or keeping or maintaining any eating place in said city contrary to or in a condition contrary to any ordinance or regulation of said city, or of the mayor and council, or of the board of health of said City of McRae, shall be arraigned before the mayor and be punished as prescribed by the ordinances of said city defining the punishment for disorderly conduct in said city. And any milk, cream, meats, vegetables or other groceries, or any food offered for sale or consumption in said city that may be condemned by the inspector shall be at once destroyed. The mayor and council shall have full power to charge such fee for the sale of such articles as will pay the salary of such inspector and the

Page 2514

expense of inspection. The salary of the inspector and his term of office shall be prescribed by the mayor and council. Milk and food inspector. Section 47. That the mayor and council shall have power to appoint inspectors of the weights and measures to use in said city, and to pass rules and regulations with respect to the same, and fix fees for such inspection, to be paid by the parties using said weights and measures. Weights and measures. Section 48. There shall be, and is, a police court established for said City of McRae, which shall have jurisdiction to try the offenses against the laws and ordinances of the municipal government and to punish for the violation of the same. Said court shall also have power to enforce its judgments by the infliction of such penalties as may be provided by law, to punish witnesses for non-attendance, and also any person who shall counsel or encourage or persuade another whose testimony is desired or material in any proceeding before said court to go or remove beyond the process of the same. Said court shall be presided over by the mayor of said city, and, in his absence or disability, by the mayor pro tem. Said court shall be held at such times and place in said city as the mayor or the city council may appoint, and as may be necessary for the trial of cases. Police court. Section 49. The mayor of said city, as judge of said police court shall have power to impose fines for the violation of any law or ordinance of said city passed in accordance with its charter, by fine to an amount not to exceed one hundred dollars; to imprison offenders in the guard house of said city or the common jail of Telfair County, not to exceed sixty days, or at labor on the public works and the streets of the City of McRae for not more than ninety days, and said mayor shall have the power and authority to impose any one or more of these punishments when, in his opinion, the facts of the case justify it. Said mayor shall not have the authority to inflict a greater punishment for contempts committed in the presence of the court than to impose a fine of fifty dollars, or imprisonment for a space not exceeding twenty days. Said mayor shall be to all intents and purposes a justice of the peace, so as to enable him to issue warrants for offenses committed within the corporate

Page 2515

limits of said city, which warrants may be executed by any member of the police force of the said city, and to commit the offenders to the County of Telfair or the city jail, or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. If, in the examination or trial of any person accused under a charge of violation of any of the municipal ordinances, there is reason to suspect the commission of a crime on his part, the mayor shall have authority to bind over or commit said accused to a court of competent jurisdiction for said penal offenses. Same. Section 50. The right of certiorari from the decisions and judgments of the mayor shall exist in all criminal cases, and such certiorari shall be obtained under the sanction of the judge of the Superior Court of Telfair County upon a petition, in writing, to said judge, to be presented within ten days after the rendition of the decision or judgment complained of, and not thereafter. Such petition shall state the grounds of complaint, and shall contain a brief of the evidence had on the trial, and shall be duly sworn to. If, upon examination, the judge shall consider the petitioner entitled to writ of certiorari, it shall be his duty to cause such writ of certiorari to be issued and served on the mayor, as in other cases under the laws of this State requiring him to certify and send up to the superior court a complete and accurate history of the case and his answer thereto, which answer shall be subject to correction and traverse, as provided in the Code of this State. The judge at chambers or in term time may hear and determine such traverse, as well as the certiorari upon which it is based, after ten days' notice to each party and may then affirm or reverse the decision or judgment of the mayor; provided, however, that no writ shall be granted until the accused shall have paid all costs and filed with his petition an affidavit setting forth that he has been wrongfully and illegally convicted, and given bond with good and sufficient security, payable to the City of McRae, conditioned to answer the judgment of the court, or in lieu thereof shall make affidavit of his inability from poverty to pay the costs and given the bond aforesaid. If the writ of certiorari is granted, the judgment of the mayor's

Page 2516

court shall be suspended until the judge of the superior court shall finally pass on the case. Same, certiorari. Section 51. The city clerk shall be and act as clerk of the mayor's court, and shall attend all sessions and act as clerk thereof in addition to his other duties. He shall sign and issue all processes, summons and all attachments, etc., issued out of the said court, all of which shall bear attest in the name of the mayor. He shall keep all records of said court, receive all fines imposed by said court, and account for the same, as may be prescribed by the mayor and council. The ministerial officers of said court shall be the marshal, who shall be the chief of police, lieutenants and patrolmen of the police force of said city, any of whom may execute the mandates of said court, and to whom, in the alternative, all mesne and final processes thereof shall be directed. The chief of police or other member of the police force, shall attend all sessions of said court for the purpose of executing the necessary orders thereof. Same, clerk, marshal, etc. Section 52. In the absence, sickness or disqualification of the mayor, and in the absence, sickness or disqualification of both the mayor and mayor pro tem., to hear and try any case in the mayor's court, the mayor shall in such event be authorized to name and designate any one of the aldermen of the City of McRae to try any case pending in the police court. Such aldermen, in any such case, being clothed with the same power as is granted to the mayor by the charter and ordinances of the City of McRae in other cases. Judge pro hac. Section 53. Be it further enacted, that the mayor and city council of McRae shall have power and authority to organize one or more work details and to confine therein persons who have been sentenced by the police courts of said city to work upon the streets and they shall have power to make all rules and regulations that may be suitable, usual or necessary for the government and control of such work details and to enforce the same through its proper officers. The mayor and council of the City of McRae shall be further authorized to establish a city jail, provide appropriate rules and regulations in regard thereto, and further provide by ordinance the proper means and best method to acquire,

Page 2517

purchase, or construct same, all without the necessity of a referendum. Subsequent to such acts by the mayor and council, offenders may then be imprisoned in said city jail in lieu of the common jail of Telfair County heretofore referred to. City jail, etc. Section 54. The mayor and council of said City of McRae shall have power to enact ordinances against idling, loitering and loafing in said city, and to prescribe punishment, upon conviction therefor. And the mayor's court shall have jurisdiction to try all persons guilty of vagrancy within the limits of said city, and upon conviction, to punish them as prescribed in the Code of this State. In all cases where persons charged before said court with offenses of vagrancy shall demand a trial by jury, it shall be the duty of the mayor to send such persons before a court having jurisdiction of said offense, and if no such court shall be then in session, to bind said person over in sufficient bond for his appearance before said court for trial, or in default of bail, to commit said person to await said trial. Nothing in this section, however, shall be construed to limit the jurisdiction of the mayor's court of said city to try offenses in violation of the city ordinances against idling, loitering and loafing in said city. Ordinances. Section 55. The mayor and council shall have full power and authority to pass all laws, and ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of the business of this court. Same. Section 56. Be it further enacted, that the mayor and council shall have full power and authority to remove the inmates or occupants of lewd or disorderly houses in the City of McRae, and they shall have power and authority to provide by ordinance a penalty for the use of vulgar and obscene language, and to punish lewd or disorderly conduct within the limits of said city, and to pass such further and other ordinances as may be necessary or expedient for the preservation of good order, decency, morality, peace, health, welfare, convenience and good government of and for said city; such ordinances shall be as fully effective and legally binding as if enumerated and fully stated herein, and violators

Page 2518

of same shall be guilty of an offense against the City of McRae, the citizens, good order, peace and dignity thereof, and such violators may be punished to the same extent and to the limit of the prescribed punishment heretofore conferred upon the police court or mayor's court of the City of McRae. Same. Section 57. That the mayor and council of the city shall be authorized to provide by ordinances for suspension of the sentence of any prisoner carried before the mayor's court for a violation of any city ordinance, law or regulation, until such person shall have an opportunity to appeal to the council of the city, and lay before that body a statement of the facts in this case; and on such appeal the said mayor and council shall have power, after full hearing of said case, to commute, remit, or suspend said sentence. This right of appeal shall be for the purpose of reviewing the degree of punishment in the interest of securing a merciful administration of the penal laws of said city, and no appeal or right of certiorari shall lie from the action of said council. Appeals. Section 58. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the city councilmen of the City of McRae may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height and location of the buildings, fences or other structures; or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and areas as the mayor and councilmen of said city shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises; the number of persons,

Page 2519

families, or other group units to reside in or use said buildings; the public, quasi-public, or private nature of the use of the premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, happiness, prosperity or welfare, and to enact any ordinances necessary to effectively carry out this section. The mayor and council shall set up and establish a zoning commission, provide for the number of members thereof, their compensation, their term of office, provide for the election of same by the mayor and council, define their duties, and further provide by ordinance such rules and regulations as are necessary and proper for the successful accomplishment of the purposes of this section. Zoning. Section 59. Be it further enacted by the authority aforesaid that the City of McRae is hereby granted the power and privilege of eminent domain, and the city council is authorized and empowered to condemn lands within or without its corporate limits for any municipal uses or purposes which includes the erection of public buildings for said city, for public parks, play grounds, water supply, sewers, forms for handling and disposing of sewerage, or garbage or trash, and for any other public purposes and improvements. Eminent domain. The said city is authorized and empowered to take and condemn personal property in the same manner as above when needed for public purposes of the city. Be it further enacted by the authority aforesaid that the city council of the City of McRae shall have the power and authority to widen, extend, improve or straighten any street, alley, lane or square in said city and to open, layout, and establish any new street, alley, lane, walk or square, any building or bridge, or whatsoever nature. The mayor and council of the City of McRae shall have full and complete authority to condemn any land necessary, expedient, and in furtherance of any or all of the purposes and uses stated and enumerated within this section, and for any other public purposes and improvements deemed by the mayor and council of said city to be beneficial to the City of McRae and the citizens thereof. In the event the City of McRae exercises the power and privilege of eminent domain and

Page 2520

condemns any lands, whether within or without the limits of said city, the laws of Georgia regarding eminent domain as set forth in Title 36 of the Georgia Code Annotated, and all Acts amendatory thereof, shall be observed and the procedure therein prescribed shall be followed by said city. Streets. Section 60. Be it further enacted by the authority aforesaid that the city council is granted authority to regulate, control and supervise the sale and distribution of any malt or alcoholic drinks or beverages within the city where the sale, storage or possession of malt or alcoholic beverages or drinks have a tendency to adversely effect the moral, physical or health conditions of said city or of the inhabitants thereof. Alcoholic drinks. Section 61. The mayor and council of the City of McRae shall have full power and authority to pass appropriate ordinances regulating all business establishments within said city, and the conduct thereof, and shall further be authorized and empowered to revoke, suspend, and/or refuse to issue or grant a license to any such establishment of whatever nature which conducts its business in such a manner as is detrimental to the health, well-being, moral standards and general prosperity of the citizens of the City of McRae. Business licenses. Section 62. Be it further enacted that the city council shall have power and authority to prevent or regulate the carrying on during the Sabbath Day of all business of whatever nature in any manner they may see fit not contrary to laws of this State; to prohibit all games and amusements within the city limits not consistent with the proper observance of the Sabbath Day. Sabbath Day. Section 63. There shall be a board of health of said City of McRae to consist of three members. The mayor, by virtue of his office, shall be a member of said board, and the mayor shall appoint one alderman as a member of said board, and the council shall elect a reputable practicing physician of said city as a member of said board. The members of said board shall hold their office for two years, and the compensation of the members of said board shall be fixed and appropriated

Page 2521

by the mayor and council annually. No member of said board shall receive more than ten dollars per month. The board shall meet at such times and at such places as it may fix, and shall be subject to call at any time the mayor sees fit. Said board shall have full power to execute all sanitary measures necessary to the preservation of the public health, and for the prevention of the generation and introduction of infectious and contagious diseases. They shall likewise exercise absolute power over the subject of quarantine, personal or otherwise; penalties for the violation of such rules and regulations as may be prescribed by said board shall be fixed by the mayor and council. Said board of health shall recommend to the mayor and council that acts and things shall be deemed nuisances, who shall provide by ordinance within what time the same shall be abated. And said board shall declare whatever may be deemed necessary by said board of health for the public health and for the prevention of the generation and introduction of infectious or contagious diseases to be unlawful and a nuisance. The ordinances and regulations now of force in said city with reference to the health thereof shall have the force and effect of law until the same shall be amended or repealed by ordinance. The mayor and council shall by proper ordinances provide for the punishment of offenders against ordinances affecting the health of said city, and the regulations of the said board of health, and the mayor's court shall have jurisdiction to try all persons charged with a violation of such ordinances or the regulations of the board of health. And the fine arising therefrom shall be paid into the treasury of said city. Said board of health shall have power to make rules and regulations for quarantine and governing the conduct of all persons with reference thereto, and such rules and regulations shall have the force and effect of an ordinance of said city, and the mayor and council shall by ordinance provide punishment upon conviction for a violation of such rules and regulations. Board of health. Section 64. The mayor and council shall have power and authority to enact any ordinances and by-laws to them deemed desirable with reference to the erection or maintenance of any sink, water closet, privy or other place of like character, together with the drainage and sewers of said

Page 2522

city, and to provide that no sink, water closet or privy shall be put in or located in said city except by permit from the board of health, and to provide by ordinance that no water closet or privy shall be located or maintained separate from a dwelling or business house in said city, and no such closet or privy shall be located or erected or maintained for the public use by any person in said city, but that the city alone shall have the power to erect and maintain for the public use water closets and privies in said city. The board of health in said city shall have supervision of all sinks, water closets, privies, etc., together with the drainage and sewers of said city, and shall be authorized to enter upon any premises for the purpose of inspecting and examining the same. The board of health shall also have charge and management of any and all hospitals, temporary or otherwise, for contagious or infectious diseases. Said board of health shall also examine all public institutions within said city, and shall compel such sanitary rules and regulations as they may deem necessary to be enforced. The expenses of the board of health shall form a legitimate item in the administration of the city government, to be met, as in the case of other expenditures, by such appropriations of money as the city council in the exercise of sound economy may deem proper. Said board of health shall make recommendations from time to time to the city council touching public welfare as said board, in its judgment, may see fit and proper. Such recommendations shall always be made when called for by the council. Two members of said board shall constitute a quorum for the transaction of business. A record of the proceedings of this board, open to the public, shall be carefully kept and filed among the archives of the city government; the clerk of the council shall be ex-officio clerk of the board, and shall perform duties as the board may prescribe. His compensation for such duties shall be fixed by the mayor and council. The said board of health shall have the power to declare what are infected parts or places, and who are infected persons. On information satisfactory to them, public notice of which shall be sufficient to give legal effect to all their subsequent acts, they may establish such quarantine regulations as are not in conflict with the Constitution and laws of this State. The mayor and council shall have power,

Page 2523

by ordinance, to require all physicians, clergymen, magistrates, undertakers and other persons to make and keep a registration of births, marriages and deaths occurring in said city within their knowledge, and to require said persons to report the same to the board of health, and to pass such ordinances as they may deem necessary for the full enforcement of this section. Section 65. That whenever any member of said board shall fail to attend three consecutive meetings without sufficient excuse, the board shall have the authority to declare a vacancy and shall forthwith report the same to the council. All vacancies in said board shall be filled for the unexpired term as appointments are made in the first instance. Vacancies. Section 66. That should the board of health of said city neglect or decline to attend to the duties imposed upon them by this Act, the mayor and council shall act as such board of health, and exercise all the powers and discharge all the duties relating to the board of health prescribed in this Act. Same. Section 67. That the mayor and council of the City of McRae shall, upon the report of the board of health, cause any nuisance liable to endanger the health of the city, or of any neighborhood, to be abated by a summary manner, and where the nuisance is caused by the act or negligence of any individual, the expenses of such abatement may be charged against the party causing such nuisance, or the owner of the premises, as the council may elect. Nuisances. Section 68. In addition and in aid of the power and authority heretofore granted to the mayor and council of the City of McRae in regard to nuisances, be it further enacted that the city council may declare what shall be a nuisance in said city, and provide for the abeyance of the same. The city council shall have the power and authority to remove or cause to be removed at the expense of the owner thereof, any or any portion of any building, porch, steps, fence or other obstruction or nuisance in or near any public street, and to abate any and all nuisances located within the corporate limits of said city; also to provide for punishment for anyone found guilty of maintaining or carrying on a

Page 2524

nuisance. In the event a nuisance is abated at any expense or cost to the City of McRae and the owner of said nuisance fails and refuses to pay the said cost or expense within ten days after a demand is made for such payment, then the clerk of the City of McRae shall issue execution in the name of said city for such costs or expenses in the same manner as for taxes. Said execution shall have the same dignity as one issued from the superior courts of this State. All violators of ordinances of the City of McRae with respect to nuisances shall also be subject to the same punishment as prescribed herein for other general offenders brought before the police court or mayor's court of said city. Same. Section 69. The mayor and council of the City of McRae shall, on the recommendation of the board of health, cause the owner or owners of lots within the city to drain the same or to fill the same to the level of the streets or alleys on which said lots are fronting; to compel the owner or owners of cellars holding water to cause the same to be emptied of the water or filled up if necessary; to compel the owner or owners of water closets and privies disconnected from dwellings or business houses of such owner, or water closets or privies owned by private individuals and used by the public, to remove the same from any place that such water closets or privies may be located; and in case the owner of such lot or lots or such water closets or privies shall fail to comply with the requirements of the mayor and council, after reasonable notice being given him or his agent, by filling up the lots or cellars or draining the same, or by removing such water closets or privies, it shall be lawful for the mayor and council to employ some person to do the same, and for the amount so expended the city treasurer shall forthwith issue an execution against the owner of said property, to be collected from said lot or any other property belonging to him, and a sale under said execution by the marshal shall pass the title of the property sold as completely as a sale by the sheriff under a judgment and execution. Drainage, etc. Section 70. The mayor and council shall have full power and authority to establish a system of quarantine, as may be recommended by the board of health, as in their judgment may be necessary to prevent the introduction or spreading

Page 2525

of contagious or infectious diseases within said city; and that in order to more fully exercise this authority said mayor and city council are hereby given quarantine jurisdiction over all the area embraced within the jurisdictional limits of the County of Telfair, in this State, and anywhere within the limits of said town or county they may establish, erect and change at leisure, either permanent or temporary quarantine grounds or pest-houses, and may condemn and take lands and buildings and personal property in said limits for quarantine grounds and quarantine purposes, either permanent or temporary. Condemnation proceedings shall be had and taken in the same manner and by the same rules as are provided by the section of this Act for condemning lands for sewers, etc., and all the provisions of that section for that purpose shall apply and be the provisions for this purpose; and they may by ordinance or resolution put any part or the whole of said area under quarantine, and may arrest, detain, and if need be, confine persons from or suspected to be from any place or places suspected of being infected, and detain and confine such persons from day to day as they may by ordinances see fit to declare and prescribe. And they shall be authorized and have the power to stop, delay, board and search all trains, cars, and vehicles or conveyances of every sort, public or private, entering said limits, whenever in their judgment it may seem best and necessary, and may absolutely prohibit any such train or vehicle from entering said limits, or persons coming within same. But such rigid quarantine shall not be held and established except by the mayor and council, and by the board of health of said city. No State board that is or that may be established shall have power to molest, lessen or in anywise interfere with said authorities in the matter of quarantine in the said limits, save only to see to it that they maintain in such area a quarantine not less strict than such State board of health may think best. And said city council shall have full power and authority to punish the violation of the quarantine rules and regulations of said city that may be prescribed by the mayor and council or by said board of health committed in any place within said area, and said mayor and council may, by resolution, adopt any rule or regulation recommended by the board of health, and upon the same being posted one

Page 2526

time in such manner as they may prescribe, and within twelve hours after its posting or publication, become a binding ordinance upon all persons within said town and within said area when it shall be so recited. Quarantine. Section 71. Be it enacted further, that said mayor and city council shall have full power and authority to compel the removal to the typhoid fever and smallpox hospital or house provided for that purpose, or any other contagious or infectious diseases, any person who shall have typhoid fever, smallpox or any of the said infectious or contagious diseases, in or near said town, and who do not provide their premises with sufficient disinfectants, treatments and guards to completely regulate and control and quarantine said premises; but even when the said premises on which said sick person may be sufficiently guarded, it shall be still in the judgment of the city council at their discretion to assign all sick persons to the hospital above declared. The mayor and city council shall have power and authority by ordinance or resolution to provide that vaccination shall be compulsory upon all persons residing in said City of McRae, and within one mile of the incorporate limits of said town, and for this purpose the said city authorities are hereby given police jurisdiction over all the territory and over all the residents within the said prescribed area, and upon all persons who may be working or sojourning in said city, whether they be permanent residents or not of said city. And said mayor and city council shall provide in said ordinances and regulations the time within which all persons as above referred to shall be vaccinated, and any person failing or refusing to be vaccinated within the time required in such ordinances, rules and regulations shall, upon conviction, be fined not more than one hundred dollars and cost, or imprisonment in the common jail or such other place of confinement, as the mayor and city council may direct. Contagious diseases. Section 72. The mayor and city council shall have full power to adopt any such ordinances, rules and regulations as they may deem necessary to secure the removal of all garbage, rubbish, filth, dead animals, weeds in growth and all other offensive matter and material from the streets and alleys, parks and lanes, and from any and all occupied and

Page 2527

unoccupied lots and places within said city limits, and when the same is on private property to be at the expense of the owner removed and destroyed. Said ordinances shall be enforced by the board of health and by the mayor and council. And if such offensive matter or material be located on private property and the owner of such property shall fail or refuse, after written notice from the board of health, to comply with the terms of the ordinances and rules and regulations, he shall be subject to such penalties as may be prescribed by ordinance. And upon notice being given the mayor and council by the board of health of such refusal, the mayor and council may cause the removal of such offensive matter and have execution issued for the cost thereof, as they may by ordinance direct against the property of such owner for the amount of such expense and cost. The person returning such lot or property for city taxes shall be taken and deemed to be the owner, and said execution shall proceed in the same manner and be liable to the same defense as is prescribed in this Act where executions are issued by the city for constructing, paving, or otherwise improving the streets, sidewalks, etc., of said City of McRae. Said board of health shall have power and authority, and it shall be the duty of said board, to condemn all outhouses, water closets and privies in said city that may be disconnected from a dwelling or business house, or that, by the nature of their use, either by the owners or the public generally, shall cause flies and other insects to collect, or shall create an offensive odor, and upon the board of health reporting any such place or building to the mayor and council, and the failure of the owner thereof to remove the same, it shall be the duty of the mayor and council to cause the same to be removed as hereinbefore provided. Removal of garbage, etc. Section 73. The mayor and council acting for and on behalf of the municipality shall be authorized to proceed by appropriate ordinances to exempt new industries from ad valorem taxes for a named period or to make such other concessions as the mayor and council may deem to be in the best interests of the City of McRae and the citizens thereof, solely for the purpose of inducing and encouraging such worthwhile industries to locate within the limits of the City of McRae. New industries.

Page 2528

Section 74. The City of McRae is authorized to own and operate a system of water works, telephone service, natural gas system, and a system of light and power plants for the purpose of supplying water, telephone service, natural gas, lights and power for all purposes to any and all persons for hire resident in said city. The mayor and council shall have power to make all rules and regulations for the management and operation of said water works, telephone system, natural gas service, other such public service or utility operated by said city, and light and power plant, and to fix from time to time the rates to be charged for such services. The mayor and council shall have power to fix by ordinance the purpose for which such services shall be furnished and to make rules and regulations governing the refusal, for reasons deemed sufficient by the mayor and council, to furnish such services and conveniences to any person or firm applying therefor, and to discontinue to furnish such services and conveniences to any person refusing to pay for same or to any person or firm now receiving and enjoying the same upon information given the mayor and council by the board of health that same is being used for an immoral, illegal, or unhealthy purpose or to refuse to furnish water or to discontinue to furnish water to any person to be used in any sink, water closet, privy or place contrary to the ordinances of said city, or the rules and regulations of the board of health, or when the water is to be used in any such place as the board of health shall declare to be unsanitary. Utilities. Section 75. Said city is authorized to own and operate, to acquire by purchase and to construct a cold storage plant for the purpose of furnishing to its citizens and others for hire cold storage privileges for all purposes usual in such business. The mayor and council of said city shall have power to make all rules and regulations for the purchase, construction and management and operation of such cold storage plant, with the right to provide by taxation for the purchase, operation and maintenance of the same; to fix from time to time, rates and charges for cold storage and to classify such rates; to fix by ordinance the purposes for which cold storage will be furnished, and to make all rules and regulations governing the refusal for reasons deemed sufficient by the mayor and council, to furnish cold storage

Page 2529

to any person applying therefor. And said mayor and council shall have power to provide for the disposition of the revenues derived from said cold storage plant; to employ all labor for the operation of the same, and to enact all necessary ordinances for the purpose of protecting said city in the ownership and enjoyment of said cold storage plant privileges, and to prevent misuse, waste and loss thereof, and to punish offenders against such ordinances. Said mayor and council shall be authorized to enact ordinances providing for discontinuing to furnish cold storage privileges to any person or persons for the nonpayment of cold storage privileges, and to continue to refuse to supply the same until all back dues or charges for cold storage are paid. Said City of McRae shall have full power and authority to purchase, hold or condemn all real estate necessary for the erection and operation of said cold storage plant, and for extending, improving and operating the same, both in and out of city limits; to condemn property for said purposes, both in and out of the said city, as provided herein this Act, for the purpose of condemning land for the purpose of constructing the light and water plants, gas system, telephone system, other such public utility or service as the mayor and city council may deem beneficial for and to the best interests of the City of McRae and the citizens thereof, and for the purpose of constructing sewers in and for said city. Said mayor and council shall have power and authority to enact all other ordinances and laws for the purpose of securing to said city the privilege of owning and operating a cold storage plant, together with all of the benefits and immunities incidental thereto. Cold storage plant. Section 76. All the income arising from the operation of said water works, light and power plant, gas system, telephone system, cold storage plant, or other such municipal utility and service as may be owned by the City of McRae and all revenues derived thereform, shall be first applied to the payment of the necessary operating expenses, in extensions and repairs, that may be deemed necessary, the payment of the interest and the retirement of the principal of any indebtedness for the purchase or erection of said plants, and any future indebtedness that may be created for the purpose of improving or extending the same, and the balance,

Page 2530

if any, shall be paid over into the general fund to be applied to the general expenses and purposes of said city government. A separate account in a separate book from the balance of city affairs shall be kept of each and every said business, which said account shall show the expenses for operating, maintaining, improving and extending and of the income and revenues of the said various city businesses, services and undertakings. Revenue from utilities. Section 77. The mayor and council shall have power to employ all necessary labor for the operation and management of said light, power, water, telephone system, gas system, or other such city utility, service, or undertaking as may be in operation by said city, and they shall have the authority to discharge any and all persons employed by them at any time in the same manner, and to the same extent that any private employer has over his employee. Some person fully qualified to keep correctly the books for said various city businesses and undertakings shall be employed, but the duty of keeping the books for said plants may be required by the mayor and council of the city clerk, and the mayor and council may fix the compensation of said clerk for such work, and an expert and practical engineer shall be employed to have general superintendency of the operation, construction and extension of said plants, and said superintendent shall have control and management of the other labor used in and about the operation and extension thereof. Utilities. Section 78. The mayor and council of the City of McRae are hereby authorized to make all the necessary ordinances for the purpose of protecting the city in the ownership and employment of said city businesses and undertakings and for the purpose of protecting the city against loss, misuse, and waste of any of the services and conveniences thereof; and also for preventing connections with and the appropriating of the said services and conveniences without the knowledge or consent of the mayor and council, and for the punishment of offenders against such ordinances. Section 79. Said mayor and council shall be authorized to make rules and regulations for shutting off the said services

Page 2531

and conveniences from premises where supplied for the nonpayment of such services and conveniences, and providing that the same shall not be turned on again until such delinquent consumer at such location or elsewhere pays all back rent or dues, as the case may be, due by said delinquent consumer for services and conveniences furnished or consumed, to the City of McRae, including any charge for turning off and on the same. And said mayor and council are authorized to provide for such charge as in their judgment may be reasonable for cutting out and cutting on the services and conveniences, as provided herein. Charges for utilities. Section 80. The police force of the City of McRae shall consist of a chief of police, who may be the marshal of said city, should the mayor and council so provide, and such other officers and men as the mayor and council may by ordinance prescribe. But such chief, officers and men shall be subject to removal by a majority vote of the council in regular or called meeting for any cause deemed sufficient by said mayor and council. It shall be a part of all contracts of said city for the services of a chief of police or other officers or men of its police force, whether written in the contract made with such chief, officers or men or not, that the mayor and council shall have authority by a majority vote, to suspend or remove such chief, officers or men from office or the employment of said city without notice or a hearing, and for cause deemed sufficient by said mayor and council. The compensation of all the police force shall be prescribed by ordinance of the mayor and council. Said police force shall have power and authority to arrest all persons in said city guilty of disorderly conduct or public indecency, all persons violating the ordinances of the city and all persons committing or attempting to commit any crime, and to confine them in the city prison or in the common jail of Telfair County, to be brought before the mayor's court at such time as the mayor may direct for trial or commitment; provided that all persons desiring to give bail for their appearance before such court in bailable cases shall be allowed to do so. The amount of bail may be fixed by the mayor at any time, or in his absence or disability by the mayor pro tem. of said city. Police.

Page 2532

Section 81. It shall be the duty of the chief of police to prosecute in the mayor's court all offenders against the ordinances of said city, and the laws of the State for crime committed within the limits of said City of McRae. Chief of police. Section 82. The mayor and council shall have power to license, regulate and control all hotels and public houses within the city; also to regulate all butcher pens, slaughter houses and hog-pens within the corporate limits of said city, and to remove the same if, in the discretion of the board of health or the mayor and council, they shall become nuisances or injurious to he health of the city. They shall also have power to license drays, hacks and other vehicles used for business purposes, and to regulate the same. They shall also have full power to regulate and control all livery stables, pumps, restaurants, places of amusement and to regulate all business establishments of whatever nature, telegraph and telephone and electric companies; all gas, water and railroad companies doing business or seeking to do business within said city. They shall likewise have power to remove any forge or smith shop when, in their opinion, it shall be necessary to insure safety against fire. They shall also have power to cause any stove or stove-pipe, or other thing which shall endanger the city by exposure to fire, to be removed or remedied as their prudence shall dictate. They shall also have power, upon proof of the existence and maintenance of any house of ill-fame or bawdy house within the city, to cause the occupants thereof to be forcibly removed without the city, if they shall refuse to leave the same after five days' notice. The said mayor and council shall likewise have power to take up and impound any horses, mules, cattle or hogs running at large within the limits of said city, and to pass such ordinances as may be deemed necessary for the regulation of stock and other animals within the city. And said mayor and council shall have power and authority by ordinance to prevent cattle, horses, mules, goats, hogs, dogs or other animals from running at large in said city, and to pass and enforce all ordinances, rules and regulations which they may deem necessary and proper for the regulation, control and prevention of all such animals running at large in said city, and they shall have authority to cause any dog

Page 2533

running at large in said city without a badge or without a muzzle, either or both, to be killed. Businesses, animals, etc. Section 83. It shall be the duty of the mayor and chief of police to use all lawful agencies and means to suppress and prevent gambling and keeping gambling houses or rooms, or gaming tables where such offenses are committed in the city. The use of any house or room in said city for gambling or gaming purposes in violation of the laws of the State is hereby declared to be a nuisance, and the mayor and council shall cause any such nuisance to be summarily abated, as in case of other nuisances. Gambling. Section 84. The mayor and council may provide for such lights, power, water, gas service and telephone service, together with all other such utilities and services as may be operated by said city, for public use, including street lights and lights in public buildings, water hydrants and fire hydrants, and including water for the streets and all public buildings in said city as they may deem necessary or to the best interest of said city and the convenience of its citizens. And the mayor and council shall provide for the keeping and repair of the water tank, mains and pipes so as to prevent waste and leakage, and shall cause water mains and pipes and the water tank to be flushed and cleaned out at such intervals as will make them sanitary. The board of health of said city shall every three months inquire into the condition of said tank, water mains, pipes, etc., and shall be authorized to require the superintendent of the water plant to flush and clean the same whenever in their judgment, as it is to the best interest of the health of the citizens of said city, and essential to the purity of the water furnished. Section 85. The mayor and council may, at their discretion, install water, light and power meters on any premises supplied by the city with water, lights and power, and when a meter has been so installed to provide for the collection of the cost of installing such meter from the person owning the premises upon which such meter was installed, and should such person fail or refuse to pay therefor, to provide for the shutting off of the water, light or power from such premises, and not to turn the same on at such premises

Page 2534

until the charges for such meter installation has been fully paid. Or said mayor and council may provide for the installation of such meters and fix a monthly rental charge for the same, which rent may be enforced by shutting off such water, lights, or power in the manner aforesaid. Said mayor and council may also provide for the installation of meters upon the premises occupied by any tenant upon the application of such tenant, and his paying the cost and charges for such installation. Said mayor and council shall have power to classify the consumers of water, lights and power furnished by the city into classes according to the quantity of water, light or power consumed, and may in their discretion place any and all consumers on a flat rate. The provisions of this section shall also apply with respect to any and all other services and utilities presently or hereafter maintained and operated by the City of McRae. Utilities. Section 86. Said City of McRae shall have full power and authority to purchase and hold all the real estate necessary for the erection and operation and for extending, improving and operating said system of water works and said water, light and power plants, including full power and authority to purchase and hold all the real estate necessary for the erection and operation and for the extending of any other such service, convenience and utility, whether specifically or not named herein, both in and out of the city limits; to condemn property for the purpose of constructing and operating or extending and improving such services and utilities, and shall likewise have full power to condemn property both in and out of the City of McRae for the purpose of constructing and extending the system of sanitary sewers for the City of McRae, provided, however, that no private property shall thus be taken for the City of McRae without compensation being paid, and the method of procedure for the condemnation of property being the same as now provided by Title 36 of the Annotated Code of Georgia with respect to condemnation proceedings, and the amendatory Acts thereof. Same. Section 87. The mayor and council of said city shall provide by ordinance for a fire department, volunteer or for hire, as they may see fit, and to make all rules and regulations

Page 2535

deemed necessary for the fighting of fire in said city. They shall have power to contract with and employ persons to fight fire; contract for and purchase material, hose, fire engines, fire trucks, ladders, etc., to be used in fighting fire; fix the salaries and compensation of its employees for such purposes and to pay the expense thereof from the funds of said city raised by taxation. It shall be the duty of said mayor and council of said city to provide fire protection and to make such appropriations as may be advisable for this purpose, and to provide any building necessary therefor, and adopt such ordinances and regulations as will best promote the object of this section and the protection of property from fires. Fire department. Section 88. Said mayor and council shall have power to establish and fix the fire limits within said city, and from time to time to extend and enlarge the same as they may see fit and proper. When said fire limits are so established, it shall not be lawful to erect therein other than fireproof buildings or structures of any kind whatever, and should anyone erect or cause to be erected within such fire limits so established any buildings or other structures of any other than fireproof material and construction, the said mayor and council, after giving five days' notice, shall cause the same to be removed at the expense of the owners of such building or other structures. Such expense shall be collected by execution as in other cases. And said mayor and council shall have full power to determine what buildings or other structures are or are not fireproof. Fire limits. Section 89. The mayor and council shall have authority to grant encroachments upon the streets, lanes or alleys of the city, upon such terms and in such manner as they may by ordinance prescribe, and for a valuable consideration to vest in the purchaser of such encroachments absolute title thereto. In all such cases where this power is exercised, due regard shall be had to the property holders to be affected thereby. Encroachments. Section 90. No person or body corporate shall at any time hereafter, open, lay out or extend any street, alley, lane or open square contrary to the original plan of said

Page 2536

city, without the consent of the council at a regular meeting, and without further giving at least five days' notice, prior to the said meeting of the council, to all property owners to be affected by such anticipated action, such notice to be in writing. New streets, etc. Section 91. The mayor and council of the City of McRae shall have power and authority to order the construction, improvements and maintenance of all public works, including but not limited to sewerage, the collection of garbage, the care and improvement of the public parks, the public buildings, the streets and bridges, and to employ all the agents and servants necessary for carrying on the work of the department. They shall also have power to remove or discharge all such employees or agents and make all rules and regulations for the government of the same; also to buy all materials and make and let out contracts for work. All new work shall be approved before it is undertaken, and all bills for expenditures shall be passed and approved by the mayor and council before they are paid by the treasurer. Public works. Section 92. Whenever the owner of any land or any property is damaged by reason of the construction of any system of drainage or sewerage, or outlet, or outlets to the same, inaugurated by the mayor and council, as aforesaid, such damage shall be ascertained and assessed in the following manner: The owner of the premises shall appoint one appraiser and mayor of the city shall appoint another, and these two shall select a third, whose award, or that of a majority of them, certified in writing under their hands and seals in duplicate, one for each of the parties in interest, the mayor and council and the owner or owners of said land or other property, and shall be recorded in the office of the clerk of the superior court of Telfair County. The appraisers appointed for the purposes aforesaid shall in all cases in making up their award consider the benefits from the construction of said system or systems of drainage or sewerage, or the outlets thereto, accruing to the owner or owners of such land or other property, and set off such benefits against such damages, but in no event giving an award against such owner for the excess of benefits over damages. In case either party shall be dissatisfied with said award,

Page 2537

he, she or they may, within ten days after the recording of the same, enter an appeal to the superior court of said county, as in other cases of appeal, when the question of damages shall be determined by a jury; but the award of the appraisers, if not appealed from, shall operate and have the effect of a judgment upon which the clerk of the superior court of said county shall issue execution. Damage to property. Section 93. The construction of said system or systems of drainage or sewerage and the outlets thereto by the City of McRae shall not be interfered with by any court pending the action of said appraisers or the appeal from their award. Same. Section 94. The City of McRae is hereby authorized to make, keep and maintain, parks, public grounds and other recreational facilities, located in or outside of the incorporated limits of said city, and to receive, hold and own the fee simple title to such real estate and personal property as may be necessary for such parks, recreational facilities, or public grounds, and to make and enforce all such rules and regulations as may, in the discretion of the mayor and council, be necessary to preserve good order, peace and dignity therein. Parks, etc. Section 95. The City of McRae shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of the city, upon banking, insurance and other capital employed therein, on stocks or corporations, and on choses in action, upon salaries and incomes derived from property within the city or from the pursuit of any profession, trade, business or calling, and upon gross sales within the city; provided, that no tax upon real or personal estate or property shall exceed three per cent upon the value thereof. Taxes. Section 96. The said City of McRae shall have power to levy and collect a tax upon factors, brokers and vendors of lottery tickets, upon agents or managers of gift enterprises, and upon all persons exercising within the city any profession, trade, calling or business of any nature whatever. The said city shall also have the power to tax all theatrical performances,

Page 2538

amusements, exhibitions, exercises or shows of any kind within the corporate limits of said city. Same. Section 97. Said city shall also have power to license, regulate and control all the ten-pin alleys within the city, and to remove the same when they become nuisances to the neighborhood. They shall also have power to license auctioneers and vendue masters for the city, charging therefor such sum as they may deem proper, and to levy a tax on all sale of goods on commission or at auction within the limits of the city. They shall also have power to license all vehicles within the city; and to limit the rates of freight and passage on the same; also to license all hotels, boarding houses and restaurants, barber shops and billiard tables, as well as all other establishments not herein provided for and not otherwise taxed. It shall have power to license the sale of fresh meat and other articles usually sold on the markets in said city, and if they deem proper to grade said license according to the amount of sales. Businesses. Be it further enacted by the authority aforesaid and it is herewith intended that the mayor and council of the City of McRae be granted the power and authority to prescribe by ordinance or otherwise and levy a license fee or tax on each person, firm or corporation carrying on a business or profession, of whatever nature, within the corporate limits of the City of McRae and to require such person, firm or corporation carrying on said business to make application for a license or permit and to pay a tax or license fee to the City of McRae. The mayor and council are granted the power and authority to assess such tax or license fees as referred to in this section, also to collect such tax or license fee, and to prescribe penalties for the violation of any ordinance, governing or regulating the same. Nothing in this section regarding the payment of a license fee or tax shall apply to that person, firm or corporation which may be exempt from the payment of the same by the laws of this State or of the United States, but the mayor and council are granted the power and authority to require such person, firm or corporation which may be exempt from license fee or tax to apply for and receive a permit to carry on their business or profession within the corporate limits of the City of McRae.

Page 2539

Section 98. Said City of McRae shall have authority to levy and collect a license tax on all drummers, salesmen and itinerant traders doing business in said city upon all vendors and sellers of any article, goods or merchandise, therein who have no permanent place of business therein, and upon all persons exercising any profession, trade or calling in said city, when not prohibited from so doing by the Constitution and laws of this State to compel the payment of the same, and to make all suitable laws and regulations necessary and proper to carry out the powers herein conferred and to prescribe suitable penalties for the violation thereof. Same. Section 99. All sales of property under execution in favor of said City of McRae shall be advertised, and such sale shall be made and conducted in the same way and manner as sheriff's sales under execution in the County of Telfair. Executions. Section 100. It shall be the duty of every person, firm or corporation, owning real or personal property in the City of McRae subject to taxation, to make returns thereof to the city clerk of McRae on or before the 30th day of April in each year. All property in said city shall be returned as of January 1st of each year, and the owner of such property on said date in each year shall return the same for taxation. All such property shall be returned at its fair market value on a form prescribed by the board of tax assessors of said city, and sworn to by the owner, his agent or person making such return. Each of the members of the board of tax assessors and said city clerk are hereby empowered and authorized to administer a legal oath to persons making such tax returns. Any person, firm or corporation failing to make returns of their property on or before the 30th of April of each year shall be subject to the penalty of having ten per cent of the market value of such property added thereto. The tax herein referred to in this section shall be levied against such property as shall be owned by the person, firm or corporation on the first day of January of each year and the fact that the property may be disposed of subsequent to said date shall not in anywise alter or relieve said tax. Tax, returns, etc. Section 101. From and after the passage of this Act

Page 2540

there shall be a board of tax assessors and equalizers in said city charged with the duty of assessing and equalizing tax returns on all property, real and personal, in said city subject to taxation. Said board shall consist of three members, who shall be elected by the mayor and council, as other city officials are selected. Said board shall be in session through the months of May, June and July of each year, and at such other times as they may be called in session by the permanent tax assessors, as hereinafter provided, for the purpose of assessing the valuation of property subject to taxation and equalizing the tax returns made to said city. Said board is hereby vested with full power and authority to so assess for taxation the value of all property, real and personal in said city, that all property in said city subject to taxation, shall stand upon the tax books at its fair market value, according to the best of their skill and knowledge. From the action of said board in fixing an assessment an appeal shall lie to the mayor and council, whose decision thereon shall be final. Property owned and returned by said assessors shall be assessed by the mayor and council. Board of tax assessors. Section 102. The City of McRae is hereby vested with power to prescribe by ordinance rules and regulations necessary to carry into effect the intent and purpose of this Act with reference to assessing and equalizing tax returns; to prescribe the punishment of any person who shall be convicted of willfully and maliciously secreting and concealing property in said city to avoid paying taxes thereon; the number of days said board shall be in session and the compensation to be paid each of the members thereof. The mayor and council shall provide by ordinance for notice to the taxpayer in case the valuation of his property shall be raised by the tax assessors, and for giving an opportunity to such taxpayer to be heard by said board of tax assessors, and should said taxpayer be dissatisfied with the assessment after being heard by the board of tax assessors to provide the detail for an appeal by such taxpayer from the assessment of said board to the mayor and council, and for a hearing for such taxpayer before the mayor and council. Same, assessments. Section 103. The taxes levied annually by the City of McRae shall be due and payable on the first day of October

Page 2541

in each year, and should said tax not be paid by the first day of December the tax books shall be closed and execution issued against all delinquent taxpayers in said city. From said date of December 1st all taxes not paid shall bear interest at the rate of seven per cent per annum, plus the provided penalty. Taxes. Section 104. All taxes levied by the City of McRae shall be collected as follows: An execution shall be issued by the treasurer of the city, directed to the marshal thereof, against the real and personal property of the defaulter, and the marshal shall proceed to levy the same, and after advertising the same for sale for four weeks in such newspaper of general circulation in said city as may be designated by formal resolution adopted by the mayor and council, shall sell the property levied on before the court house door of Telfair County between the legal hours of sale, on a regular sheriff's sale day. It shall be the duty of the marshal to put up the property and offer the same for sale in parcels until he gets a bid sufficient to pay the taxes due, and shall then knock the property off to the purchaser, make him a deed and put him in possession, as in ordinary sheriff's sales. Such a sale shall be as effectual to pass the title as the deed of the person against whom said execution was issued, but the right of redemption shall exist, as in sales for State and county taxes; provided, that in all cases where property has been bought in by said city for taxes and the title thereof vested in said city, it shall be lawful for the mayor, with the consent of the city council, to authorize a reconveyance of said property to the former owner thereof upon the payment by such owners of all the taxes, premiums, penalties and costs, including attorney's fees incurred by said city, due under the process by which same was sold. Taxes. Section 105. The mayor and council shall have full power and authority to regulate, lay out, direct and control the streets and alleys of the city, and the working, claying, grading and improving of the same; to open new streets and alleys, and assess a tax for the payment of the damage caused by the same, when the property of any person may be injured thereby, or taken therefor, and to assess a tax for the payment of the cost and expense of working, claying,

Page 2542

grading, paving and improving the streets of said city, and said City of McRae shall have full power and authority to condemn private property for streets and for alleys and avenues in and for said city. Such condemnation proceedings to be effected as provided by this Act, and in conformity with the laws of this State. For all private property taken by said city for street purposes, except by donation or gift, just compensation be made therefor, as provided by the laws of this State. Streets, etc. Section 106. The mayor and council of the City of McRae shall have full power and authority to remove, or cause to be removed, any buildings, posts, steps, fences or other obstructions or nuisances, in the public streets, lanes, alleys, sidewalks or public squares of said city. Nuisances. Section 107. All streets, alleys, sidewalks, pavements and street crossings shall be under the control, power and direction of the said mayor and council, and they shall have full and complete power and right to direct the mode, manner and style in which all street crossings, sidewalks and pavements shall be constructed, paved or unpaved, and in case of failure or refusal of any property owner, after notice to comply with the ordinances passed by the mayor and council in reference to the construction, paving or repairs of the sidewalks, pavements, street or street crossings, said mayor and council are hereby authorized and empowered to prescribe that said owners may be fined in a sum not exceeding five hundred dollars, and to collect the same by execution; they may also direct their officers or persons in their employment to carry out and execute the provisions of said ordinance in reference to sidewalks, pavements, streets and street crossings at the expense of the owner so refusing or failing to comply with said ordinance; and the said mayor and council are hereby empowered to issue executions for said bill of expense against the said owner, levy and collect same, as in case of execution for taxes; provided, however, that nothing contained in this section or any other part of this charter shall be construed to confer any ministerial power on said mayor or council over the streets, crossings, sidewalks, pavements, public buildings or public works of said city, but the said mayor and council shall have the right

Page 2543

to legislate concerning the same and to prescribe by ordinance or resolution the work to be done, the method of doing the same, and shall have charge of the public property, street improvements, street forces, and the performance of all other public work done or performed within the limits of said city of the character referred to in this and the preceding sections. Streets and sidewalks, etc. Section 108. The mayor and council of the City of McRae shall have full power and authority, in their discretion, to work, clay, grade, pave, resurface, macadamize and otherwise improve for travel and drainage the streets and public lanes and alleys of said city, to put down curbing, cross drains, crossings and otherwise improve the same. Same. The mayor and council shall have full authority to prescribe by ordinance such other rules as may, in their discretion, be necessary to work, clay, grade, pave, resurface, macadamize, drain or curb any of the streets of the city; to enforce by execution the payment of the cost thereof against adjacent property owners and railroad companies; to prescribe how the owners or agents thereof shall be served with notice by personal service or by publication. Section 109. Be it further enacted by the authority aforesaid that whenever any of the sidewalks, footways, crosswalks, drains, gutters, streets, roads, lanes, alleys, public squares or other public places or highways, or any portion thereof, within the corporate limits of the City of McRae, shall have been authorized under the laws and ordinances of the city to be paved, resurfaced, macadamized, curbed or otherwise improved, and the contract for such improvements have been let and the cost of such improvements has been ascertained, which cost shall include all expenses incurred by the city incident to such improvements, the mayor and council of said City of McRae shall, by written resolution apportion the cost and expense of the same pro rata per front foot to the several tracts, lots or parcels of land abutting upon the area covered by such proposed improvements, and shall then levy assessments against said abutting property and owners thereof in accordance with such apportionment and as hereinafter provided which assessment shall

Page 2544

be paid in ten (10) equal annual installments and shall bear interest at the rate of not exceeding six per cent per annum until paid, said interest payable annually. Same, assessments. Section 110. Be it further enacted by the authority aforesaid, that the first installment of such assessment together with interest to that date upon the whole shall be due and payable on the first day of December next succeeding the date of the levy of such assessment and one installment, together with the yearly interest upon the amount remaining unpaid, shall be due and payable on the first day of December in each succeeding year until all shall have been paid; provided, never the less, that any one or more of the owners of the property assessed shall have the privilege of paying the amount assessed against his property within thirty days from the date of the passage of the resolution levying the assessment without interest, and thus relieve his property from the lien of such assessment. Same. Section 111. Be it further enacted by the authority aforesaid, that the assessments provided for and levied under the provisions of this Act shall be payable by the person owning the said lot, parcel or tracts of land on the first day of December of each year, together with the interest thereon, to the clerk and treasurer of the City of McRae, who shall give proper receipts for such payments; provided, that if the levy of such assessments is made after September 1st then the first installment and interest shall become due and payable on December 1st of the succeeding year. It shall be the duty of the clerk and treasurer of the City of McRae to keep an accurate account of all such collections made by him and such collections shall be kept in a separate fund to be used for and applied to the payment of such bonds and the interest thereon, and for no other purpose. Any misapplication or misappropriation of such funds by anyone shall constitute a misdemeanor, and be punishable as such, under the criminal laws of this State providing for the trial and punishment of persons committing any misdemeanor. It shall be the duty of said clerk and treasurer upon default in payment of the principal or interest of any assessment or installment herein provided for, at the maturity thereof, to promptly issue an execution against the lot, parcel or tract

Page 2545

of land assessed for such payment and against the owner of the property, for the full amount thus becoming due and unpaid and to forthwith turn over such execution to the city marshal of said City of McRae, who shall promptly levy the same upon the real estate liable for the assessment and previously assessed for such improvement; and after advertisement and other proceedings as in the case of sale for city taxes, the same shall be sold at public outcry to the highest bidder and such sales shall vest an absolute title in the purchaser subject to the lien of the remaining unpaid installments with interest thereon; provided however, that the defendant in execution shall have the right to file an affidavit of illegality denying that the whole or any part of the amount for which the execution issued is due, stating what amount (if any) he admits to be due, which amount so admitted to be due shall be paid before the affidavit is received. All such affidavits shall set forth in detail the reasons why the affiant claims the execution is proceeding illegally and, when received by the marshal shall be returned by the said marshal to a justice court or to the superior court if the amount of the execution is one hundred dollars or less, and to the superior court only if the amount contested is over one hundred dollars, and there to be tried and the issue determined as in cases of illegality subject to all fines and penalty provided by law in such cases for delay. Same. Section 112. Be it further enacted by the authority aforesaid that the entire expense of making all such street improvements as are authorized by this Act, together with the whole cost of all materials used in making such improvements, shall be assessed against the property abutting on such thoroughfares and receiving the benefits of such improvements, and shall be paid by the owners of such property according to its frontage. Same. Section 113. Be it further enacted by the authority aforesaid, that such special assessment and each installment thereof, together with the interest on the same shall be a special lien against the lot, parcel or tract of land so assessed, from the date of the resolution levying the assessment, co-equal with the lien of other taxes, and prior and superior to all other liens against such lots, parcel, or tracts,

Page 2546

and such liens shall continue until such assessment and interest thereon shall be fully paid. Same. Section 114. The mayor and council of the City of McRae shall have full authority to adopt by ordinance such a system of equalizing assessments on real estate for the above purpose and for the amounts above set forth as may be just and proper, estimating the total cost of such work or of each improvement made and prorating the cost thereof on the real estate according to its frontage on the street or portion of the street so improved. It shall be wholly discretionary with the mayor and council of the City of McRae whether said work or improvements shall be done or not. Same. Section 115. The City of McRae shall have full authority to work, clay, grade, pave, resurface, repair or contract for the same, the whole surface of the street, without giving any street railroad company or other railroad company, or other property holder or occupant of the street the option of having the space to be worked or improved by itself, or by a contractor, at its instance, the object of this section being to prevent any delay in the progress of the work and to secure a uniform quality of workmanship. Same, railroads. Section 116. The City of McRae shall have authority to use executions against the real estate abutting on the streets improved, and the property of street railroad companies or other railroad companies having tracks on the streets worked, graded, clayed, paved, resurfaced or improved, in the payment of the cost of doing said work and improving; and the City of McRae shall have authority to transfer any or all of the executions for paving and improving the streets to any person or corporation, which said transfer shall be made in obedience to an ordinance, resolution or contract of the City of McRae, and shall be in writing on said execution, signed by the mayor and treasurer of the City of McRae, said executions, when issued and transferred as herein provided shall convey to the owner thereof all right, title and interest in and to said executions and to the assessment and the liens upon the respective lots, parcels of ground and property of the street railroad and other railroad companies,

Page 2547

as herein provided, with full power to enforce collection thereof by levy and sale of the property. Transfer of assessments. Section 117. Whenever the City of McRae shall transfer any execution for working, claying, grading, paving, resurfacing and improving the streets, lanes and alleys of said city, or for working or laying sidewalks within the corporate limits of said city, as now provided by the charter, the marshal of said city shall have full power to enforce the collection of such transferred executions for the use or benefit of such transferee by levy and sale of the respective lots, parcels or ground or property against which said executions are liens. Same. Section 118. The mayor and council of the City of McRae shall have full power and authority to require any railroad company, whose tracks shall cross any of the streets of the City of McRae, by any overhead bridge or structure, to drain, curb, work, clay, resurface, grade and pave the entire width and length of said street extending three feet beyond said tract or tracks for the entire space covered by and between said tracks and three feet on each side of the abuttments or trestle supporting said track or tracks, at such time and in such manner and with such materials as the mayor and council may prescribe, and in the event that any railroad company shall fail to grade, curb, work, clay, resurface or pave any street or portion thereof, as herein provided, within thirty days from the passage of any ordinance requiring said work to be done, then the mayor and council shall have authority to proceed at once to do such work at the expense of the railroad company and collect the cost of doing such work in the same manner as now provided for the collection of assessments for street drainage, grading, claying, curbing, working, paving and resurfacing. Railroads. Section 119. The mayor and council of the City of McRae are hereby authorized and empowered to require all railroads and railroad companies to erect suitable bridges and automatic gates, or other safety devices, across their tracks and roadbeds, where the same cross the public streets of said city, in all cases in which said mayor and council shall declare the same necessary for the protection of human life.

Page 2548

It shall also be the duty of railroads and railroad companies having bridges across their tracks erected, or when they may hereafter erect bridges across their tracks and roadbeds, said bridges and approaches thereto and the foundations and pillars and supports thereof in safe condition, and so as to admit of comfortable travel on any such street. Said mayor and council shall have the authority to regulate the building and repair of such bridges or the erection of such automatic gates and safety devices, in so far as to declare the general character of such bridges or repairs suitable to be made, and to provide for the material or materials to be used in the building or repair of such bridges or automatic gates and safety devices, and to provide for the drainage, light and comfort of said bridges and automatic gates, or other safety devices, and the street adjacent thereto or thereunder, and to provide for the least obstruction by supports and otherwise of any portion of the street, practical and consistent with public safety and convenience. In case of failure of any railroad or railroad company, after reasonable notice to do so, to build or repair a bridge, automatic gate or other safety device, and the approaches thereto or otherwise, as provided above, said mayor and council shall have authority to do such building, repairing or putting safe and comfortable condition at the expense, with interest and cost, of such railroad or railroad company, for which execution may issue as other executions are issued by said city, and be levied on any property of such railroad or railroad company; provided, further, that said mayor and council shall have power and authority by ordinance to declare any structure or railroad company's bridge or bridges, automatic gate or other device, a nuisance whenever, in their discretion, the same shall need repair, be unsafe, or in any manner shall interrupt or interfere with the public safety or convenience, and shall have the power and authority to order any such structure, railroad or railroad companies' bridge or bridges, automatic gates or safety devices repaired, removed or reconstructed in accordance with the plans and specifications, and with such material and in such time and manner as may be prescribed by the City of McRae, or through its authority; provided, further, that if any railroad or railroad company shall fail to comply, after reasonable

Page 2549

notice to build, repair or reconstruct the bridge, automatic gate or other safety device or approaches thereto, or otherwise, as provided above, or shall fail to build, repair or reconstruct the bridge, automatic gate or other safety device, or approaches according to the plans and specifications as above prescribed, said railroad company, through its resident agent or superintendent, shall be summoned before the mayor of the City of McRae and shall be fined, upon conviction, for each day that said bridges, automatic gates or other safety devices shall not be built or repaired, a sum not exceeding fifty dollars a day. Same. Section 120. Where the right of way of any railroad company crosses any public thoroughfare within the corporate limits of the City of McRae, any railroad company is, for all the purposes of this Act to be deemed to be the owner of the property on each side of such thoroughfare to the extent of the entire width of the said right of way irrespective of the use to which the same may be put or the portion thereof actually occupied by its tracks and where the right of way of any railway company abuts any public thoroughfare within the corporate limits of the City of McRae, or when such right of way extends over or into or overlaps any public thoroughfare within the corporate limits of the City of McRae, such railway company, for all the purposes of this Act, is deemed to be the owner of the property on the side of such thoroughfare on which said right of way abuts such thoroughfare or extends over or into or overlaps the same, to the extent of the entire distance along such thoroughfare that such right of way abuts, extends over or into or overlaps the same irrespective of the use to which the said right of way may be put or the portion thereof actually occupied by the track or tracks of such railway company. Any and all property owned by the County of Telfair, lying within the corporate limits of the City of McRae and abutting upon any public thoroughfare shall be assessable for any and all public improvements authorized by this Act, in the same manner and to the same extent as such property would be if owned by any private individual, without regard to the use made by the county of such property. Same.

Page 2550

Section 121. Be it further enacted by the authority aforesaid, that thirty days after the date of the passage of said resolution apportioning and levying said assessments, the said mayor and council shall by written resolution, provide for the issuance of bonds in the aggregate amount of such assessments then remaining unpaid, bearing date thirty days after the passage of the resolution levying said assessment, and of such denominations as the said mayor and council may determine which bonds shall in no event become a debt or liability of the City of McRae by reason of its issuing the same for the purpose herein specified. One-tenth in amount of any such series of bonds, with the interest upon the whole amount of such series up to the first day of January next succeeding the maturity of the installment of the assessment, as hereinbefore provided, shall be payable on that date; and one-tenth in amount of such issue of bonds, together with the annual interest on the whole amount thereof remaining unpaid, shall be payable on the first day of January in each succeeding year until all installments shall have been paid. Such bonds shall bear interest at a rate not exceeding six per cent per annum from their date until maturity payable annually, and shall be designated Street Improvement Bonds, and on their face recite the streets or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon lots, parcels and tracts of land benefited by such improvements under the authority of this Act. Said bonds shall be signed by the mayor and attested by the clerk and treasurer of the City of McRae and shall have the impression of the corporate seal of said city thereon and shall have interest coupons attached, and all bonds issued by authority of this Act shall be payable at such place, either within or without the State of Georgia, and may be designated by the mayor and council of the City of McRae. Said bonds shall be sold at not less than par and the proceeds thereof applied to the payment of the contract price and other expenses incurred in the making of such improvements, or such bonds may in whole or in part be negotiated and delivered to the contractor, at not less than par value, in payment of any amount due him on his contract and any portion of the bonds not so negotiated

Page 2551

and turned over to the contractor may be sold or otherwise disposed of by the said mayor and council at not less than par value and the proceeds applied to any expenses incident to and incurred by the city in providing for such improvements. Said bonds shall be registered by the said clerk and treasurer in a book to be provided for that purpose and a certificate of registration by the clerk and treasurer of the City of McRae shall be by him endorsed upon each of said bonds. Street improvement bonds. Section 122. Be it further enacted by the authority aforesaid, that the said mayor and council of the City of McRae may, in its discretion, by proper written resolution provide for and require the payment of the interest on the bonds authorized to be issued in accordance with the provisions of this Act, semi-annually on the first day of January and the first day of July, instead of annually; in levying the assessment against property owners for such public improvements as are authorized by this Act and said mayor and council may likewise require the installments of interest of such assessments to be paid semi-annually on the first day of December and the first day of June of each year instead of annually as provided in this Act. Same, interest. Section 123. The City of McRae shall have full power to rework, regrade, reclay, repave and repair any sidewalk, street or alley, and such other proceedings as to levy and collection of assessment therefore as in cases of original work provided for under this Act, whenever, in the judgment of said mayor and council, the work originally done on such sidewalks, streets or alleys, or portion of sidewalk, street, or alley, is worn to that extent that it is no longer useful as a good pavement, street or sidewalk. Repaving, etc. Section 124. Be it further enacted that the City of McRae is empowered further, in the discretion of the mayor and city council thereof, to pave, macadamize, drain, curb, resurface and otherwise improve any or all of the streets, sidewalks, footways, roads, lanes, alleys, squares or other public places and highways, or any portion or portions thereof, within the corporate limits of the City of McRae, and to pay the cost and expenses thereof (or any portion

Page 2552

thereof) out of any funds of the City of McRae that may be available therefor, in the discretion of the said mayor and city council, and is further empowered to annually levy taxes for such purposes on all of the property in the City of McRae. Streets, etc. Section 125. The City of McRae shall have full power and authority to tax and assess the cost of lowering service pipes connecting with sanitary sewers, water mains or gas mains, or of lowering conduits or other pipes, in the streets or alleys of the City of McRae against the real estate abutting on the street or alley, and with which said service pipes connect, and against the owner of said real estate, and to enforce the collection of the amount of such cost so taxed and assessed by execution to be issued by the city treasurer against the said real estate and against the owner thereof, and which execution may be levied by the marshal of the City of McRae upon such real estate, and after advertisement as in cases of sale for taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest title in the purchaser thereof. Service pipes. Section 126. That when it becomes necessary, in the opinion of the mayor and council of the City of McRae, to grade any street or alley within the corporate limits of the municipality, that thereupon the mayor and council shall require notice to be served upon the property holders owning property abutting on said street, requiring service pipes hereinbefore described to be lowered by the respective owners of real estate abutting on such side of said street or alley to be graded. Such notice may be served in the manner provided by ordinance or resolution of the mayor and council, and if the owner within ten days after receiving such notice fails, refuses or omits to lower such service pipes, then and thereupon the City of McRae may lower said service pipes, either by its own force or by contract, and tax and assess the costs thereof against such owner, and issue execution therefor, as hereinbefore provided. Same. Section 127. The lien given to the City of McRae for the assessment of the cost of lowering service pipes where streets, alleys, and sidewalks are to be worked, graded and

Page 2553

improved shall have rank and priority of payment next in point of dignity to the liens in favor of the City of McRae for taxes due said city. Same. Section 128. Be it further enacted, that said city council shall have power and authority to grant franchises, easements and right of way over, in, under and on the public streets, lanes, alleys, sidewalks, parks and other property of said city on such terms and conditions as said city council shall fix. Franchises. Section 129. Be it further enacted, that the city council shall have authority to employ a certified public accountant to inspect and audit the books of any officer or employee at any time they may deem it necessary to do so; and to examine, audit and inspect such other books and records as may pertain to city business; and to pay for the services of such a certified public accountant so employed such amounts as they may see proper. However, it shall be the duty of the mayor and council to order an annual audit of all the books of the city. Audits. Section 130. Be it enacted, that whenever a person is arrested under the provisions or authority of this Act, or under the ordinances passed by authority of the same, it shall be lawful for him or her to enter into a good and sufficient bond, to be approved by the arresting officer, conditioned for the faithful appearance of such person to answer such charge when the same shall be heard, and shall be payable to the mayor and city council, which bond shall be forfeited on the non-appearance of the defendant in the same manner in the mayor's court as penal bonds are forfeited in the county or superior courts of this State, and said mayor is hereby empowered to issue seire facias, returnable before him in not less than seven days nor more than thirty days, when any defendant shall fail to appear in terms of his bond upon the return thereof, judgment against the defendant and his securities shall be entered as in state courts and the sales of all property levied shall be conducted, advertised and made as sales of property under other executions issued by said city, and such judgment and executions shall be a lien on all property of the principal and his securities

Page 2554

equal in dignity to the judgment and executions of the several courts of this State of the same date, and superior in dignity to all judgments in this State rendered after the date of such judgment of forfeiture. Appearance bonds. Section 131. A bond commission of the City of McRae is hereby created to be composed of three bond commissioners, who shall be discreet and conservative businessmen of said city, to be elected by the mayor and aldermen of said city. At the first election they shall elect three bond commissioners to serve for one, two and three years, respectively, and until their respective successors shall be elected and qualified; at each annual election thereafter they shall elect one bond commissioner, who shall serve for three years until his successor shall be elected and qualified. Said bond commissioner shall handle and control such funds that shall have been turned over to them from time to time to compose sinking funds for all bond indebtedness which now exists, or which hereafter may exist, and for payments of interest which may become due on such bonds. Said mayor and aldermen shall provide for delivering and paying over to said commission all taxes that may have been collected or all taxes which may hereafter be collected for the purpose of paying any bonded debt of said city or any interest thereon, and shall provide for delivering and paying over to said commission annually a sufficient sum to pay the accruing interest on all such bonded debt and the amount required to be held by law as sinking fund for the final redemption of the entire bonded indebtedness of said city. From the funds which shall go into the hands of said commission, all bonds of said city and interest thereon shall be paid as same may fall due. Said commission shall have power to invest any of the money in their custody in valid United States, State, county or municipal bonds, to dispose of the same and reinvest the proceeds, and, in their discretion, to buy any of the bonds of said City of McRae before maturity thereof and pay premium therefor if necessary in their wise discretion. Said commission shall, on the first days of January and July of each year, submit to the mayor and aldermen written statement, under oath, giving full and accurate account of all the money in their hands and dates of maturity of all outstanding bonds of said city, and showing all

Page 2555

other facts that will illustrate the matter over which they have jurisdiction. Said statement shall be published in the newspaper in which other statements of said city shall be published. Said commissioners shall give such bond with good security to be approved by the mayor and aldermen, as may be required by ordinance. Said mayor and aldermen shall appropriate a sum necessary to defray expenses of said commission. Bond commission. Section 132. Be it further enacted, that the City of McRae shall have the power and authority to annex to its limits contiguous territory in the manner prescribed and set forth in sections 69-902 and 69-903 of the Georgia Code Annotated, and the amendatory Acts thereof, same being incorporated herein by reference. Corporate limits. Section 133. Be it enacted, that should the mayor or any member of the city council be guilty of malpractice in office, wilful neglect of duty, gross or wilful abuse of powers entrusted to them, or for any reason become incompetent or unfit to fill such office, in the judgment of any four members of the said council, then and in that event, they are authorized to ask for his resignation, and upon his failure to resign at once, or within five days, it shall be the duty of the four members of the council to suspend such officer pending a special election which shall be called by the council not sooner than two weeks nor later than four weeks, from the date of said suspension, for the purpose of letting the qualified voters of the City of McRae decide if such officer shall remain in office. The election procedures heretofore set forth shall be followed except there shall be no period of special registration for this purpose and the voters' list to be used shall contain the names of only those persons voting in the last regular McRae general election, in addition to the names of those persons having in due course registered since January 1st of the particular year. Four or more aldermen of the City of McRae shall have the power and authority to call a special meeting for the purpose of considering the suspension and resignation of such officer, provided, however, that at least three days' notice is given to the mayor and all other aldermen. The ballots to be used in said special election, in addition to the usual

Page 2556

identification, numbering and other customary markings, shall have clearly printed in the body of the ballot the following alternatives from which the voter shall choose: () For the removal offrom the office of() Against the removal offrom the office of Appropriate wording shall be placed in the foregoing spaces. Each voter shall express his choice by voting for or against the removal of such officer of the City of McRae and if such officer receives less than a simple majority of the votes cast he shall be henceforth removed from office, otherwise to continue to serve. Recall of elected officials. Section 134. Be it enacted, that the City of McRae shall be authorized and empowered to create, own, maintain and operate inland ports and/or docks, police the same, enact such ordinances as the mayor and council deem necessary and appropriate, and shall further be empowered to set up and establish a City of McRae Ports Authority and to pass by ordinance such rules and regulations in respect thereto as the mayor and council deem proper to effectuate the general purposes of such a ports authority. Ports authority. Section 135. This Act shall not abolish any of the ordinances of the mayor and council of the City of McRae now in force, except where they may be in conflict with the provisions of this Act, but all such ordinances shall remain of force in the City of McRae in the same manner and to the same effect as the same were of force before the passage of this Act, until they are changed, modified or repealed, by authority of the City of McRae. Intent. Section 136. Be it further enacted by the authority aforesaid, that all Acts of the General Assembly heretofore passed incorporating the City of McRae, be and are hereby consolidated and superseded by this Act, and all Acts of the General Assembly inconsistent with or at variance with this Act are hereby expressly repealed, and all laws and parts of laws inconsistent herewith repealed. Same. Section 137. Be it further enacted by the authority aforesaid that in the event any article, section, paragraph, or

Page 2557

provision of this Act, or any portion thereof, in whole or in part, shall be declared unconstitutional or illegal by a court of competent jurisdiction, such provision, article, section, paragraph, or such part thereof, shall alone be invalid, and same shall not have the effect of destroying or impairing the validity of the remaining parts of this Act. Severability. Section 138. Not less than 10, nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of McRae to issue the call for an election for the purpose of submitting this Act to the voters of the City of McRae for approval or rejection. The mayor and council shall set the date of such election for a day not less than 10, nor more than 30 days after the date of the issuance of the call. The mayor and council shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the County of Telfair. The ballot shall have written or printed thereon the words: () For approval of the Act providing a new charter for the City of McRae. Referendum. () Against approval of the Act providing a new charter for the City of McRae. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect on the date provided hereinafter. If less than a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect on the date provided hereinafter. If less than a majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by the City of McRae. It shall be the duty of the mayor and council to hold and conduct such election, or to provide that the person or persons normally holding city elections hold and conduct such election. All qualified persons registered to vote

Page 2558

in the City of McRae in the year 1962, in addition to all qualified persons who register in the year 1963 up until ten days before the date of the referendum shall be qualified to vote for or against the approval of this Act. The election shall be held under the same laws and rules and regulations as govern other city elections, except as otherwise provided herein. It shall be the duty of the mayor and council or other authority holding and conducting such election to canvass the returns and declare and certify the result of the election. It shall be the further duty of the mayor and council or other authority to certify the result of such election to the Secretary of State. Section 139. In the event this Act is approved in the referendum election provided for hereinbefore, this Act shall become of full force and effect on the tenth day following the date of said election. Effective date. Section 140. The notice and affidavit attached hereto are made a part of this bill and reference is made thereto. Publisher's Affidavit. State of Georgia, County of Telfair. Before me, the undersigned, a notary public, this day personally came W. L. Bowen, who, being first duly sworn, according to law, says that he is the sole owner, editor and publisher of The Telfair Enterprise, same being the official organ of Telfair County, Georgia, and further being the newspaper in which the sheriff's advertisements are published, and that the publication, of which hereinafter annexed is a true and correct copy, was published in said newspaper on December 27, 1962, on January 3, 1963, and on January 10, 1963. /s/ W. L. Bowen Notice of Intention to Introduce Local Legislation. Georgia, Telfair County. Notice is hereby given that the City of McRae intends to apply for the passage of local legislation at the next session

Page 2559

of the General Assembly of Georgia to amend, revise and create a new charter for the City of McRae, and for other purposes. This, the 27th day of December, 1962. E. B. Smith, Jr., Representative-Elect, Telfair County, Georgia. B. W. Walker, Attorney for the City of McRae, Georgia. Notice of Intention to Introduce Local Legislation. Georgia, Telfair County. Notice is hereby given that the City of McRae intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia to amend, revise and create a new charter for the City of McRae, and for other purposes. This, the 27th day of December, 1962. E. B. Smith, Jr., Representative-Elect, Telfair County, Georgia. B. W. Walker, Attorney for the City of McRae, Georgia. Subscribed and sworn to before me, this the 7th day of February, 1963. /s/ John S. Stamps, Jr. Notary Public, Georgia, Telfair County. My commission expires May 3, 1964. (Seal). Approved March 22, 1963.

Page 2560

CITY OF ATHENSCHARTER AMENDED. No. 164 (Senate Bill No. 16). An Act to amend an Act entitled An Act to amend the charter of the Town of Athens, approved August 24, 1872 (Ga. L. 1872, p. 127), as amended, particularly by an Act approved August 16, 1915 (Ga. L. 1915, p. 476), so as to provide that residents within an area which has become a part of the City of Athens by enlargement of the city limits shall be considered to be residents in the city for the purpose of determining eligibility to vote in all elections for the office of alderman or mayor; to provide that residents within an area which has become a part of the City of Athens by enlargement of the city limits shall be considered to be residents in the city for the purpose of determining eligibility to vote in all elections for the office of alderman or mayor of said city and such other municipal elections held pursuant to said charter, as amended; to provide that voters must be legally registered and on the current voters list in the county for voting eligibility in the mayor and alderman election and such other municipal elections held pursuant to the city charter; to amend the voter's oath include therein for residents in an area which has become a part of the City of Athens by enlargement of the city limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend the charter of the Town of Athens, approved August 24, 1872 (Ga. L. 1872, p. 127), as amended, particularly by an Act approved August 16, 1915 (Ga. L. 1915, p. 476), is hereby amended by striking from the end of section 8 thereof the period and inserting in lieu thereof a semi-colon and adding the following words: provided, however, that residence within an area which has become a part of the City of Athens by enlargement of the city limit shall be considered to be residence in the city for the purpose of this section. so that when so amended section 8 shall read as follows:

Page 2561

Section 8. Be it further enacted, That no person shall be eligible as mayor of the City of Athens, unless he shall have attained the age of twenty-five years, is a citizen of the United States, and shall have resided in said city for two years immediately preceding his election; and no persons shall be eligible as an alderman of said city, unless he shall have attained the age of twenty-one years, and shall have the other qualifications specified in the case of mayor; provided, however, that residence within an area which has become a part of the City of Athens by enlargement of the city limits shall be considered to be residence in the city for the purpose of this section. Mayor and aldermen. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. All citizens who are legally registered voters of Clarke County and who have resided within the jurisdictional limits of the City of Athens for a period of six months immediately preceding the election shall be qualified to vote in any election for the office of mayor or alderman of said city, or other municipal election held pursuant to said charter. Provided, however, that residence within an area which has become a part of the City of Athens by enlargement of the city limits shall be considered to be residence in the city for the purpose of this section. Voters. Section 3. Said Act is further amended by striking section 2 of the Act approved August 16, 1915 (Ga. L. 1915, p. 476), in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. It shall be the duty of said registrar to keep a book of the electors of said city, and the electors of said city shall sign the said book under an oath contained therein, which shall be in the following words, to wit: `I do solemnly swear that I am legally registered and on the current voters list of Clarke County, and I do further solemnly swear that I have resided within the City of Athens for the six months last past, or have resided such period of time in an area which has become a part of the City of Athens by enlargement

Page 2562

of the city limits, and in the ward wherein I now reside, for the past ten days, so help me God.' Book of electors. Section 4. Said Act is further amended by striking from section 5 the following: You do solemnly swear that you have paid all taxes legally imposed and demanded of you by the authorities of the City of Athens; that you have resided in this State six months, and in the City of Athens for one month, immediately preceding this election, and that you have not voted at this election; so help you God. and by inserting in lieu thereof the following: You do solemnly swear that you are a legally registered voter of the City of Athens, and have resided in the city of Athens for a period of six months, immediately preceding this election or have resided such period of time in an area which has become a part of said city by enlargement of the city limits, and you have not voted at this election, so help you God. Oath. so that when so amended said section 5 shall read as follows: Section 5. Be it further enacted, That said election shall be held under the superintendence of three freeholders in each ward, who shall be appointed by the city council at least five days before said election, and each of said managers, before entering upon his duties, shall take an oath before each other and they are hereby authorized to administer said oaths, that he will faithfully and impartially conduct said election, and prevent all illegal voting to the best of his skill and power; and should any of the managers so appointed fail or decline to act, then the mayor shall appoint others in their stead; should the said managers have any reasonable doubt as to the qualification of any voter, they shall have power to administer to him the following oath in addition to the oath required from persons voting for members of the General Assembly: `You do solemnly swear that you are a legally registered voter of the City of Athens, and have resided in the city of Athens for a period of six months, immediately preceding this election

Page 2563

or have resided such period of time in an area which has become a part of said city by enlargement of the city limits, and you have not voted at this election, so help you God. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 2, 1963. PENSION ACT FOR FIREMEN IN CITIES HAVING POPULATION OF MORE THAN 150,000 AMENDED. No. 165 (House Bill No. 29). An Act to amend the Act approved August 13, 1924 (Ga. L. 1924, pp. 167-173) and the several Acts amendatory thereof, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 by the United States Census of 1920, and any subsequent census, so as to provide for a refund of contributions by members for months for which no pension credit accrues, upon being compelled to retire, or to his beneficiary upon his death; 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 set forth in the caption to this Act be further amended, as follows: Section 1. By striking section 1 of an Act approved March 21, 1958 (Ga. L. 1958, p. 2849), which said Act is an amendment to the Act set forth in the caption to this Act, and enacting in lieu thereof the following: When any member shall be compelled to retire because of age or disability, or shall die, such member or his beneficiary shall be entitled to receive a refund of all amounts

Page 2564

deducted from his salary for pension purposes for any months for which he or his beneficiary cannot receive full credit on pension benefits. The provision herein shall be retroactive to cover any pensioner or his beneficiary who had service in excess of twelve months for which no pension benefits were received. Return of contributions. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 2, 1963. PENSION ACT FOR POLICEMEN IN CITIES HAVING A POPULATION OF 150,000AMENDED. No. 166 (House Bill No. 30). An Act to amend an Act entitled an Act to repeal an Act approved August 18, 1925 relating to pensions for members of the police department in cities having a population of 150,000 according to the last census of the United States or any subsequent census thereof and providing a new pension system for members of the Police Department in such cities (Ga. L. 1933, pp. 213-224), so as to provide for a refund of contributions by members made for months for which no pension credit accrues, upon being compelled to retire, or to his beneficiary upon his death; 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 set forth in the caption to this Act be further amended as follows: Section 1. By striking section 1 of an Act approved March 21, 1958 (Ga. L. 1958, p. 2979), said Act being an amendment to the Act set forth in the caption to this Act, and enacting in lieu thereof the following: When any member shall be compelled to retire because of age or disability, or shall die, such member or his

Page 2565

beneficiary shall be entitled to receive a refund of all amounts deducted from his salary for pension purposes for any months for which he or his beneficiary cannot receive full credit on pension benefits. Refunds in certain cases. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 2, 1963. HALL COUNTYSANITARY SEWERS. No. 168 (House Bill No. 648). An Act to amend an Act creating a board of commissioners of roads and revenues for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, so as to authorize the board to construct, maintain, and extend sanitary sewers within any unincorporated areas of the county under certain conditions; to provide for the assessments of the cost of such improvements; to provide for the procedure for the issuance and enforcement of executions for collections of such assessments; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, is hereby amended by inserting between sections 13 and 14 a new section to be numbered section 13A and to read as follows: Section 13A. The board is authorized to construct, maintain, and extend sanitary sewers within any unincorporated areas of the county where the owners of property having at least 51% of the frontage abutting such proposed improvements shall consent thereto. The cost of such

Page 2566

improvements shall be assessed against the abutting property owners as well as against such property. The board is hereby empowered to enforce the payment of the assessment provided for in this section by the issuance of executions against the abutting property owners and the abutting property. The assessments against the abutting property owners and property shall be prorated according to the frontage abutting such proposed improvements. Said executions shall be issued and levied like the executions for taxes due the county; and said property shall be sold in the same manner and shall be subject to all of the provisions of Code Chapter 92-74, relating to executions, issuance and levy of tax fi. fas., as amended. The amount of the assessment of each piece of real estate shall become due and payable at such time as the board may fix by appropriate ordinance. Such assessments shall be a lien against such real estate from the date of the passage of the ordinance fixing the date for the payment of such assessments. 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 session of the General Assembly of Georgia, to be resumed Monday, February 11, 1963, a bill granting to the governing authority of Hall County, Georgia, the right to construct and repair sanitary sewers within any unincorporated areas of said county where the owners of property having at least 51 per cent of the frontage abutting such proposed improvements shall consent thereto; to assess the cost of such improvements pro rata against the abutting property owners, and to provide for the issuance and enforcement of executions for the collection of such assessments, and for the creation of liens against the abutting property and for other purposes, as provided in a proposed amendment to the Constitution of Georgia, No. 209 (House Resolution No. 463-922), which amendment was ratified by the voters of Hall County in the General Election, held on Tuesday following the first Monday in November, 1962.

Page 2567

This 5th day of February, 1963. Howard T. Overby W. M. (Bill) Williams Representative Hall Co., Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby, who, on oath, deposes and says that he is Representative from Hall County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gainesville Daily Times, which is the official organ of said county, on the following dates: February 8, 15 and 22, 1963. /s/ Howard T. Overby Representative, Hall County. Sworn to and subscribed before me, this 7th day of March, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires March 17, 1963. (Seal). Approved April 2, 1963. CITY OF FITZGERALDCHARTER AMENDED. No. 169 (House Bill No. 71). 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.

Page 2568

Be it enacted by the General Assembly of Georgia: Section 1. An Act amending and revising the charter for the City of Fitzgerald and entitled, An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof' 'is amended by striking therefrom section 2 in its entirety 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 tract 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 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 and 486 to the northeast corner of five acre tract no. 486; thence north along

Page 2569

the west original lines of five acre tracts nos. 502 and 513 to the northwest corner of five acre tract no. 513; thence east along the north original lines of five acre tracts nos. 513, 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 easst 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 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

Page 2570

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 northwest 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 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

Page 2571

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 thilrd district, and continuing along the south original line of five acre tract no. 1259 to 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

Page 2572

the point of beginning; all of which said five acre tracts are a part of the survey of the American Tribune's 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, 301, 302, 280 and 279, 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, 431, 445 and 446 in land lot 119 in the third land district of Ben Hill County, Georgia, and said five acre tracts and the land embraced within said five acre tracts are not within the city limits of the City of Fitzgerald, Georgia; the said inhabitants are hereby continued under the name and style of `City of Fitzgerald', and the said city is hereby chartered and incorporated under the name and style of `City of Fitzgerald', and by that name shall have perpetual succession, and is hereby vested with all the rights, powers, titles, property, easements and hereditaments within or without its corporate limits, now belonging to the City of Fitzgerald, incorporated by an Act approved August 22, 1907, and the amendments thereto, and shall be and is hereby vested in the said City of Fitzgerald, as continued under this Act. And the said City of Fitzgerald, may, by its corporate name, sue and be sued, contract and be contracted with, plead and be impleaded, and have and use a common seal, make and enact through its mayor and council such ordinances and by-laws, rules, resolutions and regulations for the transaction of its business and the welfare and proper government of said city and its people as to said mayor and council may seem best, and which shall be consistent with the provisions of this charter, the laws of this State and of the United States, and that the said City of Fitzgerald shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for a term of years any property, estate or estates, real or personal, tenements and hereditaments of whatever kinds, and within or without the limits of said city for corporate purposes.

Page 2573

Said City of Fitzgerald shall succeed to all rights of, and is hereby made responsible as a body corporate for all of the legal debts, liabilities and undertakings of the City of Fitzgerald, and its mayor and aldermen as a body corporate, heretofore incorporated by an Act approved August 22, 1907. Corporate limits. Section 2. Be it further enacted by the authority aforesaid that section 4 of the existing charter of the City of Fitzgerald as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby, amended by striking from the fourth sentence of said sec. 4 the figures $1200.00, and inserting in lieu thereof the words and figures eighteen hundred ($1800.00) dollars, so that the fourth sentence of said sec. 4 shall read as follows: The mayor shall be paid a salary of eighteen hundred ($1800.00) dollars per year, to be paid monthly, and shall receive no other fee, nor perquisites in connection with his office. Mayor's salary. Section 3. Be it further enacted by the authority aforesaid, that sec. 9 of the existing charter of the City of Fitzgerald, approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby, amended by striking from the third sentence of said sec. 9 the figures, $300.00, and inserting in lieun thereof the words and figures, six hundred ($600.00) dollars, so that the third sentence of said sec. 9 shall read as follows: All of said aldermen shall be elected by the qualified voters of the city at large, and the said aldermen shall receive for their services six hundred ($600.00) dollars, per year, to be paid monthly. Aldermen's salaries. Section 4. Be it further enacted by the authority aforesaid, that sec. 47 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, and as set out and contained in the Act approved February 14, 1957, be, and it is hereby, amended by striking from the sixth sentence of said sec. 47 the figures $600.00, and inserting in lieu thereof the words and figures, twelve hundred ($1200.00) dollars, so that said sixth sentence of said sec. 47 as amended shall read as follows: The city attorney shall receive

Page 2574

a salary of twelve hundred ($1200.00) dollars per annum, and such fees as may be agreed upon by the council for special services and for representing the city in litigation in which it is involved. City attorney. Section 5. Be it further enacted by the authority aforesaid, that if any section or portion of this Act be declared unconstitutional or void, the remaining sections or portions thereof shall not be affected thereby and any section modified or amended by such portion of this Act so declared unconstitutional shall be and remain in full force and effect. Severability. Section 6. 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. 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, 1963, 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 17th day of December, 1962. A. B. C. Dorminy, Jr. Representative for Ben Hill County, Georgia Georgia, Ben Hill County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. B. C. Dorminy,

Page 2575

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 LeaderEnterprise and Press, on December 20, 1962, December 27, 1962, and January 3, 1963, which said newspaper was the official organ 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 12 day of January, 1963. /s/ J. W. McDonald Notary Public. My Commission expires May 21, 1966. (Seal). Approved April 2, 1963. CITY OF COMMERCECHARTER AMENDED. No. 170 (House Bill No. 654). An Act to amend an Act incorporating the City of Commerce in the County of Jackson, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, so as to remove the provision relating to the taxation of corporation; to provide for a referendum under certain circumstances; to provide for the procedure of exercising the power of eminent domain; 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 in the County of Jackson, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, is hereby amended by striking section 85, relating to taxation of corporation in its entirety.

Page 2576

Section 2. Said Act is further amended by striking section 54 in its entirety and inserting in lieu thereof a new section 54 to read as follows: Section 54. When it is necessary for the City to exercise the power of eminent domain, the same shall be exercised under the provisions of Georgia Code Title 36, as amended. Eminent domain. Section 3. The provisions of section 1 of this Act striking section 85 of the Charter of the City of Commerce, shall become of full force and effect except as hereinafter provided. In order to prevent such section from becoming effective, a petition signed by at least twenty (20%) percent of the registered voters of the City of Commerce must be presented on or before May 1, 1963 to the city council petitioning for an election to be held to determine whether section 85 shall remain in full force and effect. If such petition is not presented by said date, section 85 shall no longer be of force and effect. If such petition is presented by such date and the city council determines that such petition is valid, the council shall provide for a referendum election to be held within 45 days after the date such petition is presented for the purpose of determining whether section 85 shall remain effective. At such election the majority of the registered voters of the City of Commerce must vote or else section 85 shall no longer be in effect. In addition, a majority of those persons voting must vote in favor of retaining section 85 or it shall no longer be in force or effect. The city council shall call the election and conduct the election and declare the results thereof. The results shall also be certified to the Secretary of State. Referendum. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Jackson County. I, Willa Dean White, do certify that I am managing editor of The Jackson Herald, Inc., the official organ of Jackson County, Georgia, and that the attached notice of intention to apply for the passage of a local bill was published in The Jackson Herald, Inc., the issues of Feb. 13, 20, 27. /s/ Willa Dean White

Page 2577

Sworn to and subscribed before me, this the 6th day of March, 1963. /s/ Henry D. Robinson, Notary Public. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there shall be introduced at the 1963 session of the General Assembly of Georgia local legislation to alter the charter of the City of Commerce, Georgia, to repeal conflicting laws, and for other purposes. This the 12th day of February, 1963. Mayor and Council, City of Commerce, Ga. Approved April 2, 1963. CIVIL COURT OF FULTON COUNTYJUDGE'S SALARIES. No. 171 (Senate Bill No. 87). An Act to amend an Act entitled, 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

Page 2578

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, approved March 3, 1962 (Ga. L. 1962, p. 2610 et seq.) so as to repeal section 14-B of said Act, approved March 3, 1962, 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. Section 14-B of that certain Act approved March 3, 1962 (Ga. L. 1962, at p. 2611) which reads as follows: 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, is hereby repealed in its entirety. 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 legislation is attached hereto and made a part of this bill, and it is declared that all requirements of law relating to the notice of intention to apply for the passage of the said legislation have been complied with for the enactment of this law. See Enrolled Act for affidavit and advertisement. Approved April 2, 1963.

Page 2579

FULTON COUNTYLOCATION OF FIRE STATIONS. No. 174 (Senate Bill No. 104). An Act to amend an Act entitled An Act to establish a method for providing fire prevention systems in the unincorporated portion of Fulton County;..... and for other purposes approved February 21, 1951 (Ga. L. 1951, p. 3068), as heretofore amended by the Act approved February 18, 1955 (Ga. L. 1955, p. 2275) and by the Act approved March 7, 1957 (Ga. L. 1957, p. 2671), and by the Act approved March 9, 1959 (Ga. L. 1959, p. 2589, et seq.), so as to provide that the fire stations authorized by said Act as so amended may be located anywhere in the unincorporated areas of Fulton County; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That the Act entitled, An Act to establish a method for providing fire prevention systems in the unincorporated portion of Fulton County, approved February 21, 1951 (Ga. L. 1951, p. 3068), as heretofore amended by the Act approved February 18, 1955 (Ga. L. 1955, p. 2275), and by the Act approved March 7, 1957 (Ga. L. 1957, p. 2671), and by the Act approved March 9, 1959, (Ga. L. 1959, p. 2589, et seq.), be further amended as follows: by striking from Section 6(b) thereof and beginning on line 5 the following language, to wit: One of such actions shall be located in the unincorporated area north of the limits of the City of Atlanta and one of such stations shall be located in the unincorporated area south, southwest or west of the city limits of College Park, East Point and Atlanta (the city limits of said respective municipalities being the northernmost point of the unincorporated area in south Fulton County. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 3. Notice of intention to apply for this local

Page 2580

legislation has been published as required by law and a certified copy of said advertisement is attached hereto with an affidavit of publication of same. See Enrolled Act for affidavit and advertisement. Approved April 2, 1963. CITY OF HOSCHTONCORPORATE LIMITS. No. 176 (House Bill No. 655). 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 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 new section to be known as section 1 (b), to read as follows: Section 1 (b) Be it enacted by the authority aforesaid that the following tract or parcel of land is hereby excluded from the corporate limits of the City of Hoschton, to wit: All that tract and parcel of land located in Hoschton District G. M. Jackson County, Georgia and being more particularly described as follows: Beginning at an iron pin on State Highway No. 53 where tract no. 2 corners with tract no. 3 and proceeding south 0 degrees 56 minutes east 524.7 feet along State Highway No. 53 to stake; thence south 85 degrees 41 minutes west 676.5 feet along ditch to stake; thence north 3 degrees 20 minutes west 331.0 feet to iron pin; thence north 58 degrees, 33 minutes east 365.0 feet to an iron pin; thence north 81 degrees 40 minutes east 377.0 feet along line of tract no. 2 now property

Page 2581

of Jackson County Board of Education to beginning corner. Said beginning point being at the southeast corner of that tract or parcel of land excluded from the corporate limits of the City of Hoschton, pursuant to the provisions of an Act approved March 6, 1962 (Ga. L. 1962, p. 3209). Said tract contains 7.33 acres and is tract no. 3 according to plat made by Nat Hancock, Registered Surveyor No. 254 and Robert T. Black, Registered Surveyor No. 1015 in November 1959, for Board of Education, Jackson County, Georgia and revised February 1961 by Nat Hancock, Georgia Registered Surveyor No. 254. The City of Braselton, Georgia may never incorporate or include in its city or corporate limits the property which is herewith excluded from the Town of Hoschton, Georgia, by this Act. 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. Georgia, Jackson County. I, Willa Dean White, do certify that I am managing editor of The Jackson Herald, Inc., the official organ of Jackson County, Georgia, and that the attached notice of intention to apply for the passage of a local bill was published in The Jackson Herald, Inc., the issues of: February 6, 1963, February 13th, 1963, February 20th, 1963 and February 27th, 1963. /s/ Willa Dean White Sworn to and subscribed before me, this the 1st day of March, 1963. /s/ H. W. Davis, N. P. (Seal).

Page 2582

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1963 session of the General Assembly of Georgia, a bill to alter the city limits of Hoschton, Georgia so as to remove from the city limits of Hoschton, Georgia all the property owned by the Jackson County Board of Education, and upon which is situated the Jackson County High School, to repeal conflicting laws; and for other purposes. This 5th day of February, 1963. Frary Elrod, Superintendent Lloyd Lott, Chairman Jackson County Board of Education. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1963 session of the General Assembly of Georgia, a bill to alter the city limits of Braselton, Georgia so as to remove from the city limits of Braselton, Georgia all the property owned by the Jackson County Board of Education, and upon which is situated the Jackson County High School, to repeal conflicting laws; and for other purposes. This 5th day of February, 1963. Frary Elrod, Superintendent Lloyd Lott, Chairman Jackson County Board of Education. Approved April 2, 1963.

Page 2583

CITY OF SWAINSBOROCORPORATE LIMITS, REFERENDUM. No. 177 (Senate Bill No. 120). An Act to amend an Act incorporating the City of Swainsboro, approved December 6, 1900 (Ga. L. 1900, p. 427), as amended, so as to increase the corporate limits of said city; to provide a referendum for the submission of this Act for approval or rejection and a procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Swainsboro, approved December 6, 1900 (Ga. L. 1900, p. 427), as amended, is hereby amended by inserting a new section between sections 1A and 2 to be numbered section 1B and to read as follows: Section 1B. In addition to the area prescribed in sections 1 and 1A, the corporate limits of the City of Swainsboro shall embrace all of that area within the following description: Beginning at a point where the center of the Georgia and Florida Railroad intersects the existing corporate limits of said city in a generally northeasterly direction from the center of said city; thence in a generally northeasterly direction along the centers of said railroad 1,881 feet; thence in a generally easterly direction to the point in the center of U. S. Highway No. 80 on the easterly side of said city that is one mile (Measured along the center of said highway) from the point where the existing corporate limits of said city intersects the center of U. S. Highway No. 80; thence along the generally southerly direction to a point that is two miles due east of the existing center of the corporate limits of said city; thence due west one mile; thence along the existing corporate limits of said city in a counterclockwise direction to the point of beginning. Corporate limits. Section 2. Not less than ten nor more than fifteen days

Page 2584

after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Emanuel County as to that portion to be incorporated within the limits of the City of Swainsboro, and it shall be the duty of the mayor of the City of Swainsboro as to the City of Swainsboro to issue the call for an election for the purpose of submitting this Act to the voters of the proposed area to be annexed, and to the voters of the City of Swainsboro for its approval or rejection. The ordinary and the mayor shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date thereof in the official organ of Emanuel County and the official gazette of the City of Swainsboro, respectively. The ballot shall have written or printed thereon the words: For approval of the Act extending the corporate limits of the City of Swainsboro. Referendum. Against approval of the Act extending the corporate limits of the City of Swainsboro. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question in both the City of Swainsboro and in that area proposed to be annexed are for approval of the Act, then it shall become of full force and effect immediately upon its approval. If less than a majority of the votes cast in the City of Swainsboro are for approval of the Act, then it shall be of no force and effect. If less than a majority of the votes cast in the area to be annexed are for approval of the Act, then it shall be void and of no force and effect. It is the purpose of this referendum to extend the corporate limits of the City of Swainsboro to include the area described in Section I hereof only upon the approval of the majority of the qualified and registered voters of the City of Swainsboro voting thereon and the approval of a majority of the qualified and registered voters of the area to be annexed voting thereon. The expense of such election for the area to be annexed shall be borne by Emanuel County. The expense of such election

Page 2585

in the City of Swainsboro shall be borne by said city. All residents over eighteen years of age in the area to be annexed that are qualified and registered to vote for members of the General Assembly shall be eligible to vote in such election. It shall be the duty of the mayor to hold and conduct such election in the City of Swainsboro. It shall be the duty of the ordinary and the mayor to canvass the returns and to declare and certify the results of the election. It shall be the duty of the mayor to certify the results of the election within the City of Swainsboro to the Ordinary of Emanuel County. It shall be the further duty of the ordinary to certify the results of the election to the Secretary of State. Section 3. If this Act shall be approved by the voters as is provided for above, the mayor and council shall be authorized to prorate the ad valorem taxes for the year 1963 of the property owners of the area so annexed. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 2, 1963. BROOKS COUNTYCOMPENSATION OF CLERK OF BOARD OF COMMISSIONERS. No. 178 (House Bill No. 663). An Act to amend an Act creating a board of county commissioners of Brooks County, approved August 18, 1881 (Ga. L. 1880-81, p. 518), as amended, particularly by an Act approved August 14, 1917 (Ga. L. 1917, p. 312), and an Act approved March 13, 1957 (Ga. L. 1957, p. 3269), so as to provide that the board of commissioners shall fix the compensation of the clerk of the board of commissioners; to repeal conflicting laws; and for other purposes.

Page 2586

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of county commissioners of Brooks County, approved August 18, 1881 (Ga. L. 1880-81, p. 518), as amended, particularly by an Act approved August 14, 1917 (Ga. L. 1917, p. 312), and an Act approved March 13, 1957 (Ga. L. 1957, p. 3269), is hereby amended by striking from section VI the following: in a sum not to exceed three thousand six hundred dollars ($3,600.00) per annum, so that when so amended, section VI shall read as follows: Section VI. Be it further enacted, that said board shall appoint, at the regular December meeting of each year, some suitable person as clerk, whose term of office shall be from January 1 through December 31st of each year following that in which he is appointed, unless sooner removed by said board for neglect of duty or malpractice in office, and whose compensation shall be fixed by said board, at said December meeting, to be paid in equal monthly installments out of the county funds as other claims. Such appointee shall qualified as such clerk upon his giving surety bond for five thousand dollars ($5,000.00) payable to the board of commissioners for the faithful discharge of his duties as clerk, the premium on said bond to be paid from county funds. It shall be the duty of such clerk to attend all the meetings of said board, and to enter in a well bound book, to be provided at the expense of the county, full and accurate record and minutes of all the transactions of said board; to preserve and file, in the order of their dates, all original orders and papers belonging to said board; to arrange and keep, in the order of their filing, all applications, petitions, or other papers addressed to said board, and to enter in a book to be kept exclusively for that purpose, all orders for the payment of money passed by said board, and within five days after each regular or call session of said board, said clerk shall furnish the treasurer of said county with an abstract of all orders passed for the payment of money by said board, which abstract shall state the particular fund out of which each order is payable.

Page 2587

All books, files and records required by this Act to be kept, shall always be open, at the county site of Brooks County, for the inspection of the taxpayers of said county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1963 session of the General Assembly of Georgia, a bill to provide that the board of commissioners of roads and revenues of Brooks County shall fix the compensation of the clerk of the board; to repeal conflicting laws; and for other purposes. This 18th day of Feb. 1963. Henry L. Reaves Representative, Brooks County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry L. Reaves, 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: February 21 and 28 and March 7, 1963. /s/ Henry L. Reaves Representative, Brooks County. Sworn to and subscribed before me, this 8th day of March, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved April 2, 1963.

Page 2588

ACT CREATING SMALL CLAIMS COURTS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 18,000 AND NOT MORE THAN 18,100 PERSONS AMENDED. No. 179 (House Bill No. 124). An Act to amend an Act creating a Small Claims Court in certain counties in this State, approved March 17, 1958 (Ga. L. 1958, p. 2298), as amended by an Act approved February 26, 1959 (Ga. L. 1959, p. 2099), as amended by an Act approved March 7, 1961 (Ga. L. 1961, p. 2298), and as amended by an Act approved February 26, 1962 (Ga. L. 1962, p. 2265), so as to provide for notice by certified mail; to provide that the clerk shall attach a refusal of registered or certified mail to the original statement of claim; to revise the procedure and practice in garnishment cases, in issuing executions from said court, in the trail of claim cases, and in illegalities issued by third parties; to fix, clarify, and make certain the provisions as to cost in certain cases; to provide for the number and manner of selecting jurors; to provide for contempt of court; to require that the respective county commissioners shall provide quarters, facilities and accommodations for said court; to provide for furnishing said court with certain law books; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Be it enacted that the Act creating a Small Claims Court in certain counties in this State, approved March 17, 1958 (Ga. L. 1958, p. 2298), as amended by an Act approved February 26, 1959, (Ga. L. 1959, p. 2099) as amended by an Act approved March 7, 1961 (Ga. L. 1961, p. 2298), and as amended by an Act approved February 26, 1962 (Ga. L. 1962, p. 2265), is hereby amended by striking subsections (a) and (b) of section 6 of said Act and by substituting in lieu thereof two new subsections to be numbered (a) and (b) which shall read as follows: (a). A copy of the verified statement, together with a notice of hearing in the form hereinafter prescribed, shall

Page 2589

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. Process. (b). When notice is to be served by registered or certified mail, the clerk of the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from 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, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to sender by U. S. Postal authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a U. S. Post Office employee or U. S. Mail Carrier to whom refusal was made, then 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 dependant. Section 2. 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 of notices to defendants and summoning witnesses when required; but the deposits 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

Page 2590

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 3. 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 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. Claims. Section 4. Said Act is further amended by adding a new section to be designated section 11 (a) and to read as follows: Section 11. (a). The judge of such small claims court

Page 2591

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. Payments on judgments. Section 5. 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 so 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 where 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 mount 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. Hearing dates, etc. Section 6. 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 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; provided further, it shall be prima facie evidence of service on the garnishee if the sealed envelope which said summons was mailed to the

Page 2592

garnishee by registered or certified mail is returned to sender by U. S. Postal authorities marked refused, giving the date of refusal and be signed or initialed by a U. S. Post Office employee or U. S. Mail Carrier to whom refusal was made. 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 7. Said Act is further amended by adding a new subsection thereto to be known as section 13 (a) to read as follows: Section 13. (a). Unless otherwise demanded, such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each. Juries. Section 8. Said Act is further amended by adding a new subsection thereto to be known as section 13 (b) to read as follows: Section 13. (b). The judge of a Small Claims Court shall have power to impose finds 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 9. Said Act is further amended by adding a new subsection thereto to be known as section 18 (a) to read as follows: Section 18. (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. Quarters, etc. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1963.

Page 2593

CIVIL COURT OF BIBB COUNTYJUDGES EMERITUS. No. 181 (House Bill No. 668). An Act to amend an Act approved March 3, 1955 (Ga. L. 1955 pp. 2552, 2584) codifying all former Acts of the General Assembly of the State of Georgia, relating to and dealing with the Municipal Court of the City of Macon and its successor in name, jurisdiction and powers, The Civil Court of Bibb County, which Acts abolished justice courts and the office of justice of the peace and notary public; ex-officio justice of the peace and the office of constable in the City of Macon and County of Bibb; to establish and create in lieu thereof a Civil Court of Bibb County in and for the County of Bibb; to define its jurisdiction and powers so as to provide for the creation of the office of Judge of the Civil Court of Bibb County, Emeritus, to provide for his compensation, define his qualifications, powers, duties; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating and establishing the Municipal Court of the City of Macon and its successor in name, jurisdiction and powers, the Civil Court of Bibb County, as amended and codified and approved on March 3, 1955 (Ga. L. 1955 pp. 2552, 2584) relating to and dealing with said court and the judge of said county is hereby amended by adding at the end of section four (4) thereof, sub-sections which shall read as follows: Section 4 (a). Any Judge of the Civil Court of Bibb County, Georgia, whether appointed or elected or both, as the case may be, who shall have at least 19 years of service as Judge of said court, any prior service as judge or solicitor of any court of record in Bibb County, Georgia, from which an appeal may be taken directly to the Court of Appeals of Georgia or the Supreme Court of Georgia, being allowable in computing such 19 years of service, provided at least

Page 2594

three full terms or the equivalent number of years thereof, have been served as Judge of said Civil Court of Bibb County, Georgia, and who is still in service as such judge and has attained the age of sixty-five (65) years, shall be eligible to retire at his discretion at any time after becoming eligible to retire and become Judge Emeritus of said court with all and singular the powers and authority vested in the regular or appointed Judge of said court together with the powers and authority in this Act provided for. Provided further, that any Judge of the Civil Court of Bibb County who shall have attained the age of sixty-five (65) years and shall be in at least his 12th year of service as such Judge and becomes disabled from continuing his duties as such Judge shall be eligible to retire and may retire and become Judge Emeritus of said court, satisfactory evidence of such disability having been presented to the Board of Commissioners of Bibb County and a recommendation of such retirement having been made by a majority of said board. Provided further that a service year shall not be a calendar year but a service period of twelve (12) months, except that in computing fractional service years, six (6) or more service months shall be considered a service year. (b) Be it further enacted that when said Judge becomes eligible to retire and become Judge Emeritus of said court and notified in writing the Governor of Georgia and the County Commissioners of Bibb County of his election to so retire, the Governor shall fill the office as provided in Section 7 of the Act of 1955, approved March 3, 1955 (Ga. Laws 1955, pp. 2552, 2584) dealing with said Civil Court of Bibb County, Georgia. (c) Be it further enacted by the authority aforesaid, that the said Judge Emeritus of the Civil Court of Bibb County, Georgia, shall be empowered, qualified and authorized to hold court for the City Court of Macon in Bibb County, Georgia, concurrently with the regular elected or the appointed judge or separately whenever the regularly elected or appointed judge of said court considers the condition of the docket congested to the extent that the services of an extra judge are needed, or when the regular appointed or

Page 2595

elected judge is ill or incapacitated, or when the regular elected or appointed judge feels that the needs of justice will be best met by said Judge Emeritus presiding or when said regular elected or appointed judge is disqualified by law. (d) Be it further enacted by the authority aforesaid, that it shall require a simple order of the said regular elected or appointed judge of the Civil Court of Bibb County, Georgia, or the City Court of Macon, to call the said Judge Emeritus into trial service by way of request. If the said regular elected or appointed judge of such court or courts is so incapacitated that he cannot issue such request order, then a Judge of the Superior Court of Bibb County can by signing a like order, request the services of the said Judge Emeritus. (e) The Judge Emeritus shall not hold any compensating position with the State of Georgia, United States of America, County of Bibb or City of Macon or agencies of any, except upon taking a leave of absence as such Judge Emeritus and forever waiving and relinquishing pension or retirement compensation during and for such leave of absence; the Judge Emeritus shall be disqualified from engaging in the practice of law in any of the court in which he is qualified to serve as Judge pro hac vice. (f) Be it further enacted by the authority aforesaid, that said Judge of the Civil Court of Bibb County, Emeritus, shall be entitled to receive and shall receive a salary equal to sixty per cent (60%) of the total amount received while a regular judge and for the twelve (12) month period immediately prior to retirement, to be paid monthly out of the Treasury of Bibb County, by the person or persons charged by law with paying out the money of Bibb County. Section 2. Partial invalidity. If any clause, sentence, paragraph or part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Page 2596

Section 2-A. 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 2-B. Be it further enacted by the authority aforesaid that the notice of publication and the affidavit of the members of the General Assembly applying for the passage of this Act, which are hereto attached, are incorporated in and made a part of this Act. Public Notice. Please be advised that the undersigned will apply, at the present session of the General Assembly of Georgia, for passage and approval of legislation or for proposal of constitutional amendments, either or both, whereby pension or retirement compensation will be provided and extended to judges of the Civil Court of Bibb County upon condition of reaching the age of 65 years, and having 12 years' service as judge of said Court and having a total of 19 years' service as judge of said court or as judge of said Court and as Solicitor of the City Court of Macon or as Judge of the City Court of Macon in Bibb County and while a resident of the County of Bibb. The retired judge shall be a Judge Emeritus of said Court and shall be available, for service either as Judge pro hac vice of the Civil Court of Bibb County or of the City Court of Macon, upon the request of the respective regular judges of said courts. The Judge Emeritus shall not hold any compensating position with the State of Georgia, United States of America, County of Bibb or City of Macon or agencies of any, except upon taking a leave of absence as such Judge Emeritus and forever waiving and relinquishing pension or retirement compensation during and for such leave of absence. The Judge Emeritus shall be disqualified from engaging in the practice of law in any of the Courts in which he is qualified to serve as Judge pro hac vice. The pension or retirement pay shall annually be equal to 60% of the total amount received while a regular judge and for the 12-month period immediately prior to retirement. Said pension or retirement compensation shall be

Page 2597

paid in proportionate monthly installments from the treasury of the County of Bibb. Denmark Groover, Jr. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover, Jr., who, on oath, deposes and says that he is Representative from Bibb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph News, which is the official organ of said county, on the following dates: Feb. 16 23, March 2, 1963. /s/ Denmark Groover, Jr. Representative, Bibb County. Sworn to and subscribed before me, this 8th day of March, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires March 17, 1964. (Seal). Approved April 2, 1963. URBAN REDEVELOPMENT LAW AMENDED AS TO COUNTIES HAVING POPULATION OF NOT LESS THAN 250,000 AND NOT MORE THAN 500,000. No. 182 (House Bill No. 669). An Act to amend an Act approved March 3, 1955, (Ga. L. 1955, page 354, et. seq.), known as the Urban Redevelopment Law, as amended, so as to provide that in counties having a population of 250,000 and not more than 500,000 according to the 1960 United States Census or any future

Page 2598

such census, the term municipality used in said Act shall also mean County and to provide further that in any such county all powers, privileges, duties and immunities now or heretofore granted to municipalities under said Act are hereby granted to every such county; to provide that in any such county the term local governing body shall mean the board of commissioners of roads and revenues or the governing authority of any such county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that from and after the passage and approval of this Act that the Act approved March 3, 1955, (Ga. L. 1955, page 354, et. seq.), known as the Urban Redevelopment Law, as amended, be, and the same is, hereby amended as follows: Section 1. Subsection (b) of section 19 of said Act is hereby amended by striking the period at the end of said subsection and adding the following language: and any county having a population of 250,000 and not more than 500,000 according to the 1960 United States Census or any future such census., so that said subsection, when so amended, shall read as follows: (b) `Municipality' shall mean any incorporated city or town in the State and any county having a population of 250,000 and not more than 500,000 according to the 1960 United States Census or any future such census. Section 2. Said Act is further amended by striking the period at the end of subsection (d) of section 19 and adding to said subsection the following language: and the board of commissioners of roads and revenues or governing authority of any counties having a population of 250,000 and not more than 500,000 according to the 1960 United States Census or any future such census.,

Page 2599

so that said subsection, when so amended, shall read as follows: (d) `Local governing body' shall mean the council or other legislative body charged with governing the municipality and the board of commissioners of roads and revenues or governing authority of any counties having a population of 250,000 and not more than 500,000 according to the 1960 United States Census or any future such census. Section 3. Said Act is further amended by adding thereto a new paragraph to be appropriately numbered and to read as follows: All powers, privileges, duties or immunities now or heretofore granted to municipalities by the Urban Redevelopment Law, and all Acts amendatory thereof, are hereby granted to and conferred upon every county of this State having a population of 250,000 and not more than 500,000 according to the 1960 United States Census or any future such census. Section 4. Should any sentence, clause, phrase or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part thereof other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1963.

Page 2600

WALTON COUNTYTAX EQUALIZATION, REFERENDUM. No. 183 (House Bill No. 673). An Act to amend an Act creating a board of commissioners of roads and revenues of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 765), as amended, so as to provide that the board shall be authorized to employ and contract with any person, firm, association or corporation experienced in tax evaluation for the purpose of conducting a tax equalization and re-evaluation program for Walton County; to authorize the expenditure of funds therefor; 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 of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 765), as amended, is hereby amended by adding a new paragraph at the end of section 14 to read as follows: The board of commissioners is hereby specifically authorized to employ and contract with any person, firm, association or corporation experienced in tax evaluation for the purpose of conducting a tax equalization and re-evaluation program for Walton County. The board is hereby authorized to expend county funds for such purpose. Section 2. Between June 1 and June 10, 1963, it shall be the duty of the ordinary of Walton County to issue the call for an election for the purpose of submitting this Act to the voters of Walton County for arpproval or rejection. The ordinary shall set the date of such election for a day in the month of July, 1963. 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 Walton County. The ballot shall have written or printed thereon the words: For approval of the Act to provide that the Board shall

Page 2601

be authorized to employ and contract with any person, firm, association or corporation experienced in tax evaluation for the purpose of conducting a tax equalization and re-evaluation program for Walton County. Referendum. Against approval of the Act to provide that the Board shall be authorized to employ and contract with any person, firm, association or corporation experienced in tax evaluation for the purpose of conducting a tax equalization and re-evaluation program for Walton 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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Walton County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given of the intention to introduce a Bill in the 1963 session of the General Assembly to allow the governing authority of Walton County to hold a referendum to determine among other things whether to allow or refuse the governing authority of said county power to contract with a private firm for a program of tax re-evaluation and equalization in Walton County. This 19th day of February, 1963. /s/ Thomas W. Ridgway County Attorney, Walton County, Georgia.

Page 2602

Georgia, Walton County. Personally appeared before the undersigned attesting officer, an officer duly qualified to administer an oath, Sanders Camp, who being duly sworn on oath says that he is the editor and publisher of The Walton Tribune, a newspaper having general circulation and whose principal place of business is in said county, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Walton Tribune, which is the official organ of said County, on the following dates: February 20, 1963, February 27, 1963, and March 6, 1963. /s/ Sanders Camp Editor and Publisher, The Walton Tribune Sworn to and subscribed before me, this 6th day of March, 1963. /s/ Jeanette S. Scott Notary Public, Walton County, Ga. (Seal). Approved April 2, 1963. IRWIN COUNTYOFFICE OF TAX COMMISSIONER CREATED, REFERENDUM. No. 184 (House Bill No. 674). An Act to abolish the offices of tax receiver and tax collector of Irwin County, Georgia, and create the office of tax commissioner of Irwin County, Georgia; to prescribe the term of office, qualifications, the manner of election and commissioning, the amount of bond, powers and duties of said tax commissioner; to provide the manner and time of filling vacancies in the office of tax commissioner; to provide for the compensation of said tax commissioner; to provide for a referendum; to repeal conflicting laws; and for other purposes.

Page 2603

Be it enacted by the General Assembly of Georgia: Section 1. That the offices of tax receiver and tax collector of Irwin County, Georgia, shall be abolished upon and after January 1, 1965, and the duties of the two offices aforesaid shall be consolidated into one office upon and after said date. Section 2. That the office of county tax commissioner of Irwin County, Georgia, is hereby created in lieu of said offices when and after they are abolished as provided above, and the rights, duties, and liabilities of the said office of county tax commissioner of Irwin County shall be the same as the rights, duties, and liabilities of the tax receiver and tax collector of said county, so far as the same are applicable. Created. Section 3. That said tax commissioner shall hold office for a term of four years; the first term beginning January the first, 1965, and ending December the thirty-first, 1968. Terms. Section 4. That said tax commissioner shall be elected at the general election for county officers in the year 1964 and at the general election for county officers each four years thereafter, in the same manner, time, and place as clerks of the superior court are elected. Election. Section 5. That if a vacancy for any cause occurs in said office of tax commissioner, it shall be filled in the following manner: (a) If said vacancy occurs within six months of the expiration of the existing term, the county commissioners of Irwin County, Georgia, shall appoint some qualified person to discharge the duties of said consolidated office for the remainder of said term, and the person so appointed shall be commissioned and qualified as by law clerks of the superior court are commissioned and qualified, and shall receive the pro rata part of the compensation accruing to said office for the time so appointed. Vacancies. (b) If said vacancy occurs more than six months prior to the expiration of the existing term, the county commissioners

Page 2604

of Irwin County, Georgia, shall appoint some qualified person to discharge the duties of said consolidated office until a tax commissioner is elected, and it shall be the duty of the ordinary of Irwin County to call a special election for the election of a tax commissioner to serve the remainder of said term, which election shall be ordered not sooner than twenty (20) days and not later than forty (40) days after said vacancy occurs; and the ordinary shall cause the date and purpose of said election to be published in the official organ of Irwin County once a week for four (4) weeks immediately preceding said election. The person elected on said day shall perform the duties of said consolidated office for the unexpired term of his predecessors. The return of said election shall be made to the Governor, who shall commission the person so elected. The person so temporarily appointed and the person so elected shall each receive his pro rata part of the compensation accruing to said office for the term he serves. Section 6. The tax commissioner of Irwin County, if he deems it necessary that he have additional help from time to time to aid and assist him in performing his duties as such tax commissioner that he shall first get the approval of the board of county commissioners, and upon the approval of said board, they shall be authorized to fix the compensation for said additional help and shall be authorized to pay said help from the general funds of the county. Clerical help, etc. Section 7. That said county tax commissioner shall be commissioned and qualified in the same manner as clerks of superior court. Commission. Section 8. That before entering upon the duties of his office the said county tax commissioner shall take the oaths now prescribed by law for tax receivers and tax collectors, and shall give bond in an amount to be fixed and determined by the county commissioners of said county, which should be signed as surety by a bonding company legally authorized to do business in the State of Georgia, and the fee or cost for the suretyship on said bond shall be paid out of the funds of Irwin County, Georgia, as part of the expenses of county government. Oaths, bond.

Page 2605

Section 9. That all taxes that are due and payable at the time said county tax commissioner assumes office as such, and all fi. fas. heretofore issued by the tax collector of Irwin County, Georgia, shall have full force and effect, and be collectible as issued. Taxes now due. Section 10. The tax commissioner shall be compensated for his services on the fee basis, and he shall receive all fees, commissions, costs and any other perquisites for receiving or collecting taxes which are now or may hereafter be provided by law to be paid to tax collectors of this State. Compensation. Section 11. That said county tax commissioner shall be vested with the powers and shall perform each, every and all duties now required by law of both the tax receiver and tax collector of Irwin County, Georgia, and in the manner prescribed by law, and shall be subject to all the pains and penalties, and have all the powers and privileges of said two offices and officers. Duties, etc. Section 12. Not less than 20 nor more than 40 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Irwin County to issue the call for an election for the purpose of submitting this Act to the voters of Irwin County for approval or rejection. The Ordinary shall set the date of such election for a day not less than 15 nor more than 30 days after the date of the issuance of the call. The 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 Irwin County. The ballot shall have printed thereon the words: For approval of the Act abolishing the Tax Receiver and Tax Collector of Irwin County and creating the office of Tax Commissioner of Irwin County. Against approval of the Act abolishing the Tax Receiver and Tax Collector of Irwin County and creating the office of Tax Commissioner of Irwin County. Referendum.

Page 2606

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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Irwin County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1963 Session of the General Assembly of Georgia, a bill to abolished the offices of tax receiver and tax collector of Irwin County and to create the office of tax commissioner of Irwin County; to provide for compensation of tax commissioner; to provide for a referendum; and for other purposes. This 15th day of February, 1963. Harry Mixon Representative Irwin County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry Mixon, who, on oath, deposes and says that he is Representative from Irwin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

Page 2607

The Ocilla Star, which is the official organ of said county, on the following dates: Feb. 21, 28 March 7, 1963. /s/ Harry Mixon Representative, Tifton Irwin County Sworn to and subscribed before me, this 7th day of March, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved April 2, 1963. CITY OF SYLVESTERSALARIES OF MAYOR AND COUNCILMEN. No. 185 (House Bill No. 676). An Act to amend an Act entitled An Act to create a new charter of the City of Sylvester, to declare the rights, powers and privileges of said corporation and to consolidate the Acts relating to the rights and powers of said corporation etc., approved August 18, 1919, which charter Act is published in Georgia Laws, 1919, pages 1317-1352, and Acts amendatory thereof; so as to fix the compensation of mayor and councilmen of the city; to provide for the terms of city employees; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows: Section I. That sub-section (10) of section 4 of, An Act to create a new charter for the City of Sylvester, to declare the rights, powers and privileges of said corporation and to consolidate the Acts relating to the rights and powers of said corporation; to provide for bonding the city for

Page 2608

the purposes of constructing sanitary sewers; paving street, constructing public buildings, etc., which charter Act is published in Georgia Laws, 1919, pages 1317-1352, which sub-section (10) was amended by an Act approved March 6, 1939, is hereby further amended so that sub-section (10) shall read as follows, (10). The salary of the mayor shall be prescribed by ordinance enacted by mayor and council from time to time, which shall not exceed $100.00 per month, payable monthly; provided such salary of the mayor shall not be increased or diminished during the term of office for which he was elected and is serving. Mayor's salary. Section 2. Sub-section (11) of section 4 of said Act to create a new charter for the City of Sylvester (which Act is published in Georgia Laws, 1919, pages 1317-1352), and Acts amendatory thereof, is hereby amended as follows: By adding to and at the end of sub-section (11), but the salary of councilman shall not exceed the sum of $50.00 per month. Councilmen's salaries. Section 3. All parts of laws in conflict herewith shall be and the same here hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Sylvester intends to apply for the passage of local legislation at the 1963 session of the General Assembly of Georgia, which convenes in January, 1963, to amend the Charter of the City of Sylvester (Georgia Laws 1919, pages 1317-1352, and Acts amendatory thereof), so as to fix the compensation of mayor and councilmen of the city; to provide for the terms of city officials and employees; and for other purposes. This notice is given pursuant to Section 2-1915 of the present Code of the State of Georgia. This January 21st, 1963. City of Sylvester By: J. D. Hall Clerk of Council

Page 2609

State of Georgia, Worth County. Personally before the undersigned officer authorized by law to administer oaths in said county, appeared Marian A. Sumner, who, being first sworn, says on oath as follows: that she is editor and publisher of The Sylvester Local, the newspaper published in said county in which sheriff's advertisements are published in said county, she being also the manager and the officer in charge of Sylvester Local Corp., which owns and publishes said newspaper; and that the foregoing is a true copy of notice to apply for local legislation affecting said City of Sylvester, and that said notice was published once a week for three weeks in said newspaper in the issues thereof dated and published January 24th, 1963, January 31st, 1963, and February 7th, 1963, respectively. /s/ Marion A. Sumner Sworn to and subscribed before me, this 1st day of March, 1963. /s/ P. B. Ford, N. P., Worth County, Ga., for State of Ga. at Large. (Seal). Approved April 2, 1963. HENRY COUNTYELECTION, COMPENSATION AND TERMS OF COMMISSIONERS OF ROADS AND REVENUES, REFERENDUM. No. 186 (House Bill No. 634). An Act to amend an Act creating a board of commissioners of roads and revenues of Henry County, approved August 8, 1921 (Ga. L. 1921, p. 490), as amended, particularly by an Act approved March 19, 1943 (Ga. L. 1943, p. 1060), and an Act approved February 9, 1949 (Ga. L. 1949, p. 355), so as to provide for the election of commissioners by the qualified voters of each respective district or by the qualified voters of the entire county; to change the

Page 2610

compensation of the commissioners; to change the term of office of the commissioners; to provide for the nomination of candidates for the office of commissioner in the primaries by the qualified voters of each respective district or by the qualified voters of the entire county; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues of Henry County, approved August 8, 1921 (Ga. L. 1921, p. 490), as amended, particularly by an Act approved March 19, 1943 (Ga. L. 1943, p. 1060), and an Act approved February 9, 1949 (Ga. L. 1949, p. 355), 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. A board of commissioners of roads and revenues for Henry County, Georgia, is hereby created. Said board shall consist of five (5) persons who shall reside in said county and in the commissioner district from which they are elected, respectively. Said commissioners shall be elected by the qualified voters of the respective commissioner district they represent. Said commissioners shall serve a term of office of four (4) years and until their successors are elected and qualified. The compensation of the chairman of the board shall be $2,500.00 per annum, payable monthly, out of the general funds of Henry County. The compensation of the other members of the board shall be $1,500.00 per annum, payable monthly, out of general funds of Henry County. Each political party holding a primary in Henry County for the purpose of nominating candidates for election as members of the board of commissioners of roads and revenues shall provide for the nomination of such candidates by the qualified voters of each commissioner district in the county. Elections of commissioners, salaries, etc. Section 2. An Act creating a board of commissioners of roads and revenues of Henry County, approved August 8, 1921 (Ga. L. 1921, p. 490), as amended particularly by an Act approved March 19, 1943 (Ga. L. 1943, p. 1060), and an Act approved February 9, 1949 (Ga. L. 1949, p. 355), is

Page 2611

hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. A board of commissioners of roads and revenues for Henry County, Georgia, is hereby created. Said board shall consist of five (5) persons who shall reside in said county and in the commissioner district from which they are elected, respectively. Said commissioners shall be elected by the qualified voters of the entire county. Said commissioners shall serve a term of office of four (4) years and until their successors are elected and qualified. The compensation of the chairman of the board shall be $4,250.00, per annum, payable monthly, out of the general funds of Henry County. The compensation of the other members of the board shall be $2,750.00 per annum, payable monthly, out of the general funds of Henry County. Each political party holding a primary in Henry County for the purpose of nominating candidates for election as members of the board of commissioners of roads and revenues of Henry County shall provide for nomination of such candidates by the qualified voters of the entire county. Election of commissioners, salaries, etc. Section 3. Said Act is further amended by striking from the last line of section 3 the word two and inserting in lieu thereof the word four, so that when so amended section 3 shall read as follows: Section 3. Be it further enacted by the authority aforesaid, that at the general State election in November, 1922, there shall be elected five county commissioners for said county in accordance with the provisions of this Act. There shall be elected one of said commissioners from each of said commissioners' districts, designated by the number of the district, who must be a resident of the district from which he is elected. He must also be twenty-one years of age and a qualified voter of said county. Said commissioners shall constitute the board of commissioners of roads and revenues for said county as provided in this Act, but they shall not go into office until the first day of January, 1923, and shall hold their office for four years. Qualifications, terms. Section 4. Said Act is further amended by striking from

Page 2612

section 4 the word two wherever it shall appear and inserting in lieu thereof the word four so that when so amended section 4 shall read as follows: Section 4. Be it further enacted by authority aforesaid, that the successors to said board shall be elected every four years, their term of office to begin in the first day of January following their election, the term of office of said board being fixed at four years. But in the event of a vacancy on said board by death, resignation or otherwise, the remaining members are empowered to fill such vacancy by electing some qualified person from the vacant district to serve until his successor is elected at the next general election. Terms. Section 5. Said Act is further amended by striking section 24 in its entirety. Section 6. Said Act is further amended by renumbering section 25 as section 24. Section 7. Not less than fifteen (15) nor more than thirty (30) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Henry County to issue the call for an election for the purpose of submitting this Act to the voters of Henry County for approval of section 1 or section 2. The ordinary shall set the date of such election for a day not less than twenty (20) nor more than thirty (30) days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Henry County. The ballot shall have printed thereon the words: For approval of Section 1 of the Act providing for the election of Commissioners of Roads and Revenues of Henry County by the voters in each respective commissioner district. Referendum. For approval of Section 2 of the Act providing for the election of Commissioners of Roads and Revenues of Henry County by the voters of the entire county.

Page 2613

All persons desiring to vote on such questions shall vote for section 1 of the Act relating to the election of commissioners from the respective commissioner districts or they shall vote for section 2 of the Act relating to the election of commissioners by the entire county. All persons desiring to vote in favor of commissioners being elected by the voters of the respective commissioner districts shall vote for approval of section 1 of the Act and those persons desiring to vote in favor of commissioners being elected by the voters of the entire county shall vote for approval of section 2 of the Act. If a majority of the votes cast on such questions are for approval of section 1 of the Act, then it shall become of full force and effect. If less than a majority of the votes cast on such questions are for approval of section 1 of the Act, then it shall be void and of no force and effect. If a majority of the votes cast on such questions are for approval of section 2 of the Act, then it shall become of full force and effect. If less than a majority of the votes cast on such questions are for approval of section 2 of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Henry County. It shall be the duty of the ordinary to hold and conduct such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 8. In the event any section, subsections, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 9. The provisions of this Act relating to a referendum shall become effective immediately upon passage

Page 2614

and approval by the Governor. The remaining provisions of this Act shall not become effective until January 1, 1965. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given there will be a bill introduced at the 1963 session of the General Assembly of Georgia to amend an act creating the board of commissioners of roads and revenues of Henry County; to provide for a four year term; to provide for compensation of board members and clerk; to provide the manner in which said commissioners shall be elected to provide for a referendum. 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: February 7, 14 and 21st. /s/ Edward E. McGarity Representative, Henry County Sworn to and subscribed before me, this 7th day of March, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved April 2 1963.

Page 2615

CITY OF McDONOUGHCORPORATE LIMITS. No. 187 (House Bill No. 635). An Act to amend an Act to consolidate, amend and codify the various Acts incorporating the Town of McDonough, now the City of McDonough, in the County of Henry, approved September 18, 1883 (Ga. L. 1882-83, p. 379), as amended, particularly by an Act approved October 12, 1885 (Ga. L. 1884-85, p. 417), an Act approved November 27, 1901 (Ga. L. 1901, p. 530), an Act approved August 17, 1908 (Ga. L. 1908, p. 856), an Act approved August 12, 1918 (Ga. L. 1918, p. 744), an Act approved December 29, 1937 (Ga. L. 1937-38, p. 1210), and an Act approved February 17, 1950 (Ga. L. 1950, p. 2825), so as to change the corporate limits of the City of McDonough; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to consolidate, amend and codify the various Acts incorporating the Town of McDonough, now the City of McDonough, in the County of Henry, approved September 18, 1883 (Ga. L. 1882-83, p. 379), as amended, particularly by an Act approved October 12, 1885 (Ga. L. 1884-85, p. 417), an Act approved November 27, 1901 (Ga. L. 1901, p. 530), an Act approved August 17, 1908 (Ga. L. 1908, p. 856), an Act approved August 12, 1918 (Ga. L. 1918, p. 744), an Act approved December 29, 1937 (Ga. L. 1937-38, p. 1210), and an Act approved February 17, 1950 (Ga. L. 1950, p. 2825), is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. Parcel One . The corporate limits of the City of McDonough, in the County of Henry, shall extend three-fourth ([UNK]) of a mile in every direction, from the center of the public square, except where the corporate limits of said city intersects Cemetery Street on the south side, and from that point said limits shall extend south along said Cemetery Street to the southeast corner of the old White Cemetery, then southerly along the east side of the Colored Cemetery to the southeast corner of said cemetery;

Page 2616

thence westerly to the southeast corner of said Colored Cemetery; thence northerly to a point 462 feet south of the northwest corner of the Colored Cemetery; thence west to the western boundary of the right of way of the Southern Railway Company, thence northerly along said western boundary line to where said line intersects the corporate limits of said city. Parcel Two . All that tract or parcel of land lying and being in land lots 156 and 166 of the 7th land district of Henry County, Georgia, being more fully described by a plat made for the city of McDonough, Georgia, as prepared by Joe Rowan, Jr., Henry County, Surveyor, dated February 22, 1963, of record in plat book 2, page 395, office of the Clerk of Superior Court, Henry County, Georgia, and being more fully described as follows: Beginning at an iron pin located on the east right of way line of property of Southern Railway Company, which point is the intersection of the south line of the present city limits of McDonough, with the east right of way line of said railway, and running thence along east right of way line of Southern Railway Company southwesterly 2918 feet to an iron pin; thence south 89 degrees 30[UNK] east 832.1 feet to an iron pin; thence north 12 degrees 15[UNK] west 202 feet to an iron pin; thence south 88 degrees 30[UNK] east 497.9 feet to east right of way line of highway #42; thence along east right of way line of said highway north 15 degrees 15[UNK] west 906 feet; thence south 89 degrees 10[UNK] east across highway #42 and continuing along north right of way of Race Track Road a distance of 379.5 feet to an iron pin; thence north 14 degrees 36[UNK] west 1482.7 feet; thence north 2 degrees 00[UNK] east 391.4 feet to southeast corner of McDonough Cemetery and the present city limits of McDonough, Georgia; thence along present city limits of McDonough, south 89 degrees 45[UNK] west 668 feet to the point of beginning. Parcel Three . All that tract or parcel of land lying and being in land lots 123, 102, 103 and 122 of the 7th district of Henry County, Georgia, and being more particularly described as follows:

Page 2617

Beginning at a point on the east right of way line of State Highway No. 155 at the point where the present city limits of the City of McDonough intersects said right of way line, thence running southeasterly along the curvature of the present city limits of said city to the B. B. Carmichael property; thence east along the north line of the B. B. Carmichael property 537 feet, more or less, to property of B. B. Carmichael; thence north 1 degree 57[UNK] east 1230.1 feet; thence north 88 degrees 23[UNK] east 68.4 feet; thence north 0 degrees 42[UNK] east 1805.8 feet; thence south 87 degrees 44[UNK] west 753.6 feet; thence south 0 degrees 51[UNK] east 121.8 feet; thence south 0 degrees 56[UNK] west 1280.3 feet; thence south 88 degrees 02[UNK] west 664.5 feet; thence south 6 degrees 02[UNK] east 250 feet; thence westerly 250 feet to the east right of way line of State highway #155; thence south along said right of way line 45 feet, more or less, to a point adjacent to the north property of W. R. Smith subdivision; thence crossing State Highway #155 and along north property line of W. R. Smith subdivision the following bearings and distances: thence south 88 degrees 45[UNK] west 976.8 feet, south 87 degrees 30[UNK] west 430.2 feet, and south 89 degrees 05[UNK] west 803 feet to an iron pin; thence south 0 degrees 39[UNK] east to the present city limits of the City of McDonough to the point of beginning. The intent is to include all of the land lying and being in Burke-Rainer subdivision and W. R. Smith subdivision, within the corporate city limits of the City of McDonough, Georgia; the plat of Burke-Rainer subdivision is of record in plat book 2, page 119, office of Clerk of Superior Court, Henry County, Georgia, and the plat of W. R. Smith subdivision is of record in plat book 2, page 201, office of Clerk of Superior Court, Henry County, Georgia, references to both Plats are incorporated herein and are made a part of this description. 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 1963 session of the General Assembly of Georgia, a bill

Page 2618

to extend the corporate limits of the City of McDonough, in Henry County, so as to include the property south of the city limits of McDonough and being adjacent to State highway no. 42; and for other purposes. This the 13th day of February, 1963. 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: February 14, 21 and 28, 1963. /s/ Edward E. McGarity Representative, Henry County Sworn to and subscribed before me, this 7th day of March, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1963 session of the General Assembly of Georgia, a bill to extend the corporate limits of the City of McDonough, in Henry County, so as to include all the property located in what is known as the Burke-Rainer subdivision and W. R. Smith subdivision; and for other purposes.

Page 2619

This the 6th day of February, 1963. 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: February 7, 14 and 21, 1963. /s/ Edward E. McGarity Representative, Henry County Sworn to and subscribed before me, this 7th day of March, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved April 2, 1963. HABERSHAM COUNTYCOMPENSATION AND DUTIES OF COMMISSIONERS OF ROADS AND REVENUES. No. 188 (House Bill No. 643). An Act to amend an Act creating a board of commissioners of roads and revenues for Habersham County, approved February 13, 1956 (Ga. L. 1956, p. 2077), so as to change the compensation of the members of the board; to provide a procedure for payment of per diem and necessary expenses;

Page 2620

to redefine the board's purchasing power; to require that financial records and bills of sale shall be open at all times to any qualified voter of the county; to require that sealed bidding times be announced; to provide for meetings; 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 Habersham County, approved February 13, 1956 (Ga. L. 1956, p. 2077), is hereby amended by striking therefrom section 7 in its entirety and substituting in lieu thereof a new section 7 to read as follows: Section 7. Each member of the board shall be compensated in the amount of one hundred dollars ($100.00) per month. Each member shall receive a per diem of ten dollars ($10.00) plus necessary expenses while outside the county on official business, provided, however, that the per diem and necessary expenses shall be set by the first grand jury in session after this Act becomes law, and any future changes in said per diem and necessary expenses shall also be effectuated by the grand jury. Such compensation to be paid from the funds of Habersham County. Compensation. Section 2. Said Act is further amended by striking section 12 in its entirety and substituting in lieu thereof a new section 12 to read as follows: Section 12. The board shall make all purchases for Habersham County. All purchases over five hundred dollars ($500.00) shall be on a competitive sealed bid basis. All purchases of any one item during the year which amount to five hundred dollars ($500.00) or more shall be on a competitive sealed bid basis, except in cases of emergency whereby the efficient operation of Habersham County road department might be impaired by delay in repair of road machinery. All financial records and records of bills of sale shall be open at all times for the inspection of any person qualified to vote in Habersham County. The board shall not expend any funds of Habersham County in payment of purchases

Page 2621

made in violation of this section. Announcements that said sealed bids will be taken shall be posted in the office of the commissioner and on the bulletin board outside the courthouse door. Said announcements must be posted not less than three days before bidding. Purchases, records. Section 3. Said Act is further amended by adding to section 13 therein the following paragraph: Whenever one of the abovementioned days set aside for meetings is an official holiday, the chairman shall designate another day for such meeting. In addition to the above required meetings, each commissioner shall attend to the official business of Habersham County an average of two additional days per month. Meetings, etc. 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 1963 session of the General Assembly of Georgia, a bill to increase compensation for county commissioners; and for other purposes. This 31st day of January, 1963. Russell Smith, Representative, Habersham County Zell Miller, Senator, 50th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Russell Smith, who, on oath, deposes and says that he is Representative from Habersham County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser, which is the official organ

Page 2622

of said county, on the following dates: Jan. 31, Feb. 7, 14, 21, 1963. /s/ Richard Russell Smith Representative, Habersham County Sworn to and subscribed before me this 7th day of March, 1963. /s/ Patricia Anne Bowen Notary Public (Seal). Approved April 2, 1963. CITY OF McDONOUGHVOTER REGISTRATION. No. 189 (House Bill No. 639). An Act to amend an Act to consolidate, amend and codify the various Acts incorporating the Town of McDonough, now the City of McDonough, in the County of Henry, approved September 18, 1883 (Ga. L. 1882-83, p. 379), as amended, particularly by an Act approved July 21, 1931 (Ga. L. 1931, p. 897), so as to provide for registration of voters for all elections held in said City of McDonough; to prescribe the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to consolidate, amend and codify the various Acts incorporating the Town of McDonough, now the City of McDonough, in the County of Henry, approved September 18, 1883 (Ga. L. 1882-83, p. 379), as amended, particularly by an Act approved July 21, 1931 (Ga. L. 1931, p. 897), is hereby amended by striking section 1 from the amendatory Act approved July 21, 1931, and inserting in lieu thereof a new section 1 to read as follows:

Page 2623

Section 1. It shall be the duty of the clerk, upon the first Monday immediately following any election in said city, either regular or special, to provide a system for the registration of qualified voters of said city. The mayor and council shall provide suitable books or cards, or both, for the permanent registration of qualified voters of said city. Said system of registration shall be kept open at the office of the clerk at all times when his office is open for the payment of taxes or transaction of city business, until ten (10) days prior to any regular or special election of said city when said system of registration shall be closed, and after which no person shall be allowed to register his name until said system of registration shall again be open following such election. It shall be the duty of the clerk, upon application in person and not by proxy of any citizen who is qualified to vote for members of the General Assembly, who have paid all taxes of every character legally imposed and demanded by the governing authority of the city, and who upon the date of election, if then a resident, will have resided in said city for thirty (30) days prior thereto, to allow such person to register his name and race, recording on said book or cards beside the applicant's name, his age, occupation or business. Said clerk shall not knowingly permit anyone to register who is not legally entitled to do so, and shall in every case before registering the applicant, administer the following oath: `You do solemnly swear that you are a citizen of the United States; that you have resided in the State of Georgia for twelve (12) months, in the County of Henry for six (6) months and in the City of McDonough for thirty (30) days next preceding this registration, or that by the date of the next city election, if you are still a resident of the city, you will have fulfilled these conditions; that it is your intention to remain a resident of this city until the date of the next city election; that you are twentyone (21) years of age; that you have paid all taxes due the City of McDonough; that you have made all returns required by you by the ordinances of this city; so help you God.' It shall be the duty of the clerk to have written or printed the above oath on the front page of the registration book, if one is used or upon cards, if cards are used, and to require the applicant for registration to swear to said oath and sign

Page 2624

his name thereto, or by someone authorized to do so for him. However, no person registering in said book or on said cards shall be required to again register as a qualified voter of said city so long as he remains a resident of said city and does not disqualify himself by nonpayment of taxes or otherwise, it being the purpose of this Act to provide a permanent registration of voters of said city. No person shall be eligible to vote in any city election if he has removed his residence from said city. Voter, registration. Section 2. Said Act is further amended by striking section 2 from the amendatory Act approved July 21, 1931, and inserting in lieu thereof a new section 2 to read as follows: Section 2. At the first regular meeting of the mayor and councilmen in January of each year, said mayor and councilmen shall elect and appoint three registrars who shall be registered and qualified voters in said city. It shall be the duty of the said registrars to make and prepare a list of the registered and qualified voters of said city and furnish same properly certified to the clerk of said city, as hereinafter provided. Such registrars shall take and subscribe an oath to faithfully and impartially perform the duties devolving upon them as registrars; said oath shall be in the form prescribed by the mayor and council. The compensation of such registrars shall be fixed by the mayor and council, at the time of the selection and appointment of such registrars, but such compensation shall not exceed the sum of five dollars per day for each registrar, for the time actually spent in the performance of their duties as registrars. The term of office of such registrars shall be for one year. Registrars. Section 3. Said Act is further amended by striking section 3 from the amendatory Act approved July 21, 1931, and inserting in lieu thereof a new section 3 to read as follows: Section 3. The clerk of the City of McDonough shall close the registration book or cards ten (10) days before any regular or special election to be held in said city, at 12:00 o'clock noon on such closing day and shall not permit any person to register after such time and until after such election shall have been held and shall thereupon turn over

Page 2625

said registration book or cards to the registrars, who shall meet and make up from said book or cards a list of the qualified voters of said city, who are qualified to vote in such election. In making said list, the registrar shall exclude the names of all persons found to be not eligible to vote in such electin or who have in any way disqualified themselves as legal voters. The said registrars shall complete their work on such voters' lists 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 the City of McDonough, and the said clerk shall certify that same has not been altered or changed since being delivered to him and on the morning of the election to be held in said city, deliver said list to the election managers selected to hold such election, and no person whose name does not appear upon said list shall be allowed or permitted to vote in said election unless such voter shall produce a certificate signed by the registrars that his name was omitted from said voters' list by accident or mistake. Voter list, etc. All persons shall have the right to appeal from the decision of the clerk, refusing any person the right to register; such appeal shall be made to the board of registrars within five days after the registration book or cards shall have been closed prior to any election and said book or cards delivered to said registrars and said board shall determine the eligibility of such person or persons to vote in such election and the decision of said board shall be final. Section 4. Said Act is further amended by striking section 4 from the amendatory Act approved July 21, 1931, and inserting in lieu thereof a new section 4 to read as follows: Section 4. The board of registrars shall have full authority to purge all registration lists in said city of all illegal voters when said board makes up its list of qualified voters for any election, but said board shall give notice in writing or printing to all persons whom they have reason to suspect have registered illegally or are disqualified for any cause, and give such person an opportunity to be heard upon the question of his eligibility to vote in any election, and such notice shall clearly set forth the time and place of the hearing on such matter, and the name of no registered voter

Page 2626

shall be stricken from the voters' list by said board unless such notice is given to such person whose name appears on the registration book or cards, and upon such person, so notified, appearing before said board, as directed, said board shall hear any evidence submitted and determine the eligibility of such voter or voters, and the decision of the board of registrars on such question shall be final. Service of said notice by leaving the same at the most notorious place of abode of such person or persons whose name or names appear on such registration book or cards shall be sufficient service. If any such person or persons so notified as above provided, fail to appear and offer any evidence as to why his name should not be excluded from said voters' list, the said board of registrars shall proceed to purge said voters' list of the name or names of person or persons if they find such person or persons are disqualified to vote in said election for any cause. Any person voting in any election held in said city who is not qualified to vote therein under the provisions of this Act, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as prescribed by the laws of this State for illegal voting. The mayor and council are hereby authorized to provide by ordinance for additional rules and regulations regarding registration of voters of said city. 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 1963 session of the General Assembly of Georgia, a bill to provide for the registration of voters for all elections held in the City of McDonough; to prescribe rules and regulations in regard to said registration; and for other purposes. This the 6th day of February, 1963. Edward E. McGarity, Representative, Henry County.

Page 2627

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: February 7, 14 and 21st, 1963. /s/ Edward E. McGarity Representative, Henry County Sworn to and subscribed before me this 7th day of March, 1963. /s/ Kathryn Rule Notary Public Commission expires 1-31-65. (Seal). Approved April 2, 1963. TOWN OF ENIGMANEW CHARTER, REFERENDUM. No. 191 (House Bill No. 138). An Act to repeal and supersede an Act incorporating the Town of Enigma, approved August 21, 1906 (Ga. L. 1906, p. 749); to incorporate and grant a charter to the City of Enigma in the County of Berrien and the State of Georgia; to provide a municipal government therefor; to define the powers and authority of the said municipality; to provide for the election of a mayor and councilmen and fix their terms of office, their authority, powers, duties and salaries; to provide for the filling of vacancies; to provide for the hiring of city employees and fixing their salaries and duties; to provide for the registration of voters and the manner of holding city elections; to provide

Page 2628

for police regulations and the enforcement thereof; to provide a police court and who shall preside therein; to provide bonds and forfeitures; to provide for the raising of revenue by taxation, business licenses, bonds, etc.; to provide how public property belonging to said municipality may be sold; to provide for the granting of franchises by said municipality; to provide the manner of improving, working and closing of roads, streets and sidewalks, and the assessment of costs thereof; to provide for rules and regulations for the health and sanitation of said municipality; to provide for the condemnation of private property for public use and to abate nuisances; to provide for the regulation of public utilities therein; to authorize the governing authorities of said municipality to enact zoning and building regulations; to provide regulations for the prevention of fires; to provide for water, gas, sewerage and electric distribution systems for said municipality and surrounding territory; to provide that no valid or existing ordinances, rules or regulations of the present corporation, the Town of Enigma, not inconsistent herewith, nor any contract or right made or acquired under the same, shall be affected by this Act; to provide for the issuance of executions and subpoenas and the enforcement thereof; to provide for the removal of the mayor or any member of the council for neglect of duty; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the Town of Enigma, located in the County of Berrien, State of Georgia, be and are hereby incorporated under the name and style of Town of Enigma, and by that name shall be and are hereby invested with all the rights, powers, and privileges incident to municipal corporation in this State, and all the rights, powers, titles, property, easements, and hereditaments now belonging or in anywise appertaining to said Town of Enigma as hereinbefore incorporated,

Page 2629

shall be and are hereby vested in the Town of Enigma created by this Act. And the said Town of Enigma created by this Act may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, and make and enact, through its mayor and council, such ordinances, rules, regulations, and resolutions for the transaction of its business and the welfare and proper government of said city as the mayor and council may deem best, and which shall be consistent with the laws of the State of Georgia and of the United States. And the said Town of Enigma shall be able to purchase, hold, receive, enjoy, possess, and retain in fee simple, or for any term of years, and estate or estates, real or personal, lands, tenements and hereditaments of any kind or nature whatsoever, within the limits or without the limits of said city, for corporate purposes. The mayor and council may in like manner use, manage and improve, sell and convey, rent or lease, and otherwise manage and dispose of all property now owned or hereinafter acquired by said city, and all transfers and conveyances of real or personal property heretofore made by said Town of Enigma are hereby confirmed, ratified and declared legal; provided, that no public utility such as water system, or any property used in connection therewith and necessary for the maintenance of the same, owned or controlled by the Town of Enigma shall ever be sold, leased or otherwise disposed of unless assented to and approved by a majority of the qualified voters of the city at an election to be held for that purpose as other city elections are held. And the said Town of Enigma shall succeed to all the rights and liabilities of the old corporation, the Town of Enigma, and all existing ordinances, resolutions, rules, regulations and by-laws of the old corporation, the Town of Enigma shall remain unaffected hereby continued and confirmed. Incorporated. Section 2. Be it further enacted by the authority aforesaid that the corporate limits of the Town of Enigma shall be the same as presently exist for the Town of Enigma, and shall extend in a one mile radius from the center of the intersection of Main Street with the Atlantic Coast Line Railroad. Corporate limits. Section 3. Be it further enacted by the authority aforesaid

Page 2630

that the municipal government of said Town of Enigma shall consist of a mayor and four councilmen. The present mayor and councilmen of the Town of Enigma shall continue in office until the expiration of the term for which they have been elected, and until their successors are duly elected and qualified, and they shall have and exercise all of the rights, powers and duties hereby conferred on the mayor and council of the Town of Enigma. On the first Monday of January, 1964, there shall be an election of one mayor and four councilmen. The two councilmen receiving the highest number of votes shall serve a term of two (2) years; the two councilmen receiving the next highest number of votes shall serve a term of one (1) year. At the conclusion of the respective terms of each councilman, there shall be another election for their successors who shall serve for two (2) years. Each councilman thereafter shall serve for a term of two (2) years. The term of office of mayor shall be two (2) years. All elections for mayor and councilmen shall be held on the first Monday of each year as their respective terms expire. Government. The purpose and intent of this section is to provide for a mayor whose term of office shall be for two years, and four councilmen with staggered terms of two years each. Section 4. Be it further enacted by the authority aforesaid, that no person shall be eligible for the office of mayor or councilman of said city unless he shall have resided in said city for 6 months immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said city. If the mayor or either of the councilmen should remove his residence or domicile out of said city during his term of office, said office shall automatically become vacant. Mayor and councilmen. Section 5. Be it further enacted by the authority aforesaid, that at the first regular meeting of the mayor and council in each year, they shall elect one of their number mayor pro tem., whose term of office shall be one year, and during the sickness, absence, or disqualification of the mayor, the mayor pro tem., or in his sickness, absence or disqualification, any one of the councilmen, chosen by the members

Page 2631

present, shall be clothed with all the rights and privileges of the mayor, and shall perform the mayor's duties. Mayor pro tem. Section 6. Be it further enacted by the authority aforesaid, that in the event the office of mayor, or any one or more of said council shall become vacant, for any reason whatsoever, at any time after the date of his installation, the remaining members of the city council shall fill said vacancy for the unexpired term with a person qualified to hold such office. Vacancies. Section 7. Be it further enacted by the authority aforesaid, that the mayor, or mayor pro tem., and three members of the council shall constitute a quorum for the transaction of any business before the city council. The mayor, or mayor pro tem., if he be presiding, shall be entitled to vote only in case of a tie, or in case only one vote is needed to pass any motion, resolution, ordinance or other question before the council, the mayor, or mayor pro tem., if he is presiding, may vote. No motion, resolution, ordinance or other question before the council shall pass unless a majority of the members present, including the mayor, or mayor pro tem., if he is presiding, vote for the same, and unless the said motion, resolution, ordinance or other question receive at least three affirmative votes. Quorum, etc. Section 8. Be it further enacted by the authority aforesaid, that the mayor of said Town of Enigma receive a salary, to be fixed by the council, not to exceed two hundred ($200.00) dollars per annum; and each member of council shall receive a salary, to be fixed by council, not to exceed one hundred fifty ($150.00) dollars per annum. The mayor and council shall meet for the purpose of transacting business for said city only at the city hall as now or hereafter established. The mayor and council, by ordinance or resolution, shall fix the time for the holding of regular meetings for the transaction of business, and the mayor, or in his absence from the city, or sickness, the mayor pro tem., may call special meetings of the council under such rules and regulations as the mayor and council may fix. Salaries, meetings. Section 9. Be it further enacted by the authority aforesaid,

Page 2632

said, that the mayor, or in his absence or disqualification, the mayor pro tem., shall have full power and authority to hold, at such times and places, and under such rules and regulations as may be prescribed by ordinance, a police court for said city, for the trial of offenders against the ordinances of said city, and impose such penalties for violation thereof as may be prescribed by ordinances, not exceeding a fine of two hundred ($200.00) dollars, and imprisonment and labor on the public works of the city for sixty (60) days for each offense, and may impose both a fine and sentence of imprisonment and labor. In the event of the absence or disqualification of both the mayor and mayor pro tem., any member of the council may preside at said police court. Provided, however, the mayor and council shall have the right at any time in their discretion, upon the approval of the mayor and at least three (3) councilmen, to create and establish the office of city recorder, select a city recorder in and for said city and fix the recorder's salary and term of office which term of office shall be for not more than one year; and from and after the creation of said office of city recorder and the election of a recorder as aforesaid, the said recorder shall preside over the said court, and the said court shall not thereafter be presided over by the mayor, mayor pro tem., or any member of the council, excepting in the absence or disqualification of the recorder. In the event of the absence or disqualification of the recorder, the mayor, mayor pro tem., or any member of the council may preside over said court with full powers as the city recorder. The mayor and council shall have the right to elect as the city recorder any citizen of said city eligible to hold office as mayor of said city. Said recorder, when elected and qualified, shall have all powers and authority appertaining to said police court as now exercised by the mayor or mayor pro tem. Police court. Section 10. Be it further enacted by the authority aforesaid, that said mayor or mayor pro tem., and the recorder, if one is selected as above provided, shall have the right to issue warrants for offenses committed within the corporate limits of said City of Enigma, which warrants shall be directed to the marshal, chief of police and the police officers

Page 2633

of the city, and shall be executed by either of them; and to hold commitment trials and commit to the jail of said city or county, or admit to bail, offenders against the law of this State, for their appearance at the next term of the mayor's court or police court or the superior court of said county, and it shall be the duty of the jailor of Berrien County to receive the persons so committed and safely keep them until discharged by due process of law; and such person, while presiding over said police court, shall have the power to punish for contempt of court any person so offending, which punishment shall not exceed a fine of twenty-five ($25.00) dollars, or fifteen (15) days imprisonment and labor on the public works of said city and shall be in the alternative. Warrants, contempt. Section 11. Be it further enacted by the authority aforesaid, that at the first regular meeting of the mayor and council in each year they shall elect a city clerk, who may also be the treasurer, a chief of police, and such other officers and servants, including a city attorney, as the mayor and council shall deem necessary for the government of said city. The clerk may be, but not necessarily, a member of council. Each of said officers shall be elected for a term of one year, and at the pleasure of the mayor and council, who shall fix the salary of said officers and servants. Officers. Section 12. Be it further enacted by the authority aforesaid, that said city clerk shall be a practical bookkeeper, and shall keep his office at the city hall of said city, and shall keep a corporate seal and all papers of the city appertaining to his office; he shall be clerk of the city council and of the police court, and shall keep the minutes of the city council and of the police court; copies of all papers filed in the office of the clerk and transcripts of the records of the city council and of the police court certified by the clerk under the corporate seal of the Town of Enigma shall be evidence in all courts as if the original was produced. Said clerk shall be the official tax collector of said city, and shall issue all tax executions and shall keep a tax execution docket in which he shall enter all executions issued, the name of the party against whom issued, the amount of the tax, and the final disposition of the same. For issuing each execution for

Page 2634

taxes, for licenses, or for other cause, he shall cause to be charged and collected the sum of fifty cents each, which sum shall be paid into the city treasury. He shall perform such other duties as the mayor and council shall by ordinance or otherwise require and direct. Clerk. Section 13. Be it further enacted by the authority aforesaid, that the chief of police shall have full direction and management of the policemen under him, subject to the control and direction of the mayor and council by ordinance. He shall see that all ordinances are enforced and that the men under him discharge their duties faithfully. He shall attend each session of the police court, or instruct one of the policemen under him to be in attendance. He shall collect such funds and enforce such sentences of imprisonment and labor as the presiding officer of said police court may impose, and pay to the city treasurer, for the benefit of said city, all funds collected. The said chief of police shall also be the city marshal and shall be the collecting officer of all executions issued for unpaid taxes, licenses, and other matters, which he may be directed to collect by the mayor and council. He shall execute such executions by levying the same upon either real or personal property, and any property so levied upon shall be advertised and sold as directed by ordinances passed by the mayor and council. There shall be taxed against all persons whom an execution shall be issued, and for levying, advertising, selling and making titles the same costs as are allowed sheriffs for like service, and these fees shall be paid over by said marshal to the city treasurer. The chief of police, and the policemen under him, when an offense is committed, shall require the offender to give bond and security conditioned upon his appearing at said police court, and upon his failure to give said bond may confine said offender in the city jail until a hearing before the police court can be had. The chief of police, and the police, and the policemen under him, may execute any warrant issued by any magistrate of this State, upon any defendant found in said city. Upon arrest of any person for violating the criminal laws of Georgia, or when they know that the State law is being violated, they shall immediately apply to the nearest magistrate for a warrant and execute the same. When any offense has been committed in the

Page 2635

presence of the said chief of police, or any member of the police force of said city, and the said offender shall flee, they may follow said offender anywhere in said State, arrest the said offender, and return him to the city for trial. Should any person violating any of the ordinances flee from the jurisdiction of said city, such person may be apprehended wherever he may be found in the State, and the warrant of the mayor pro tem., or recorder of said city shall be sufficient authority for his arrest, return and trial upon the charges resting against him; and should any person after trial and conviction of any violation of any ordinance of said city escape, he may be apprehended wherever found in any county in this State, and the warrant of the mayor, the mayor pro tem., or recorder of said city shall be sufficient authority for his arrest and return. The chief of police and other officers of said city shall perform such other and further duties as shall be required of them by the mayor and council of the city. Chief of police. Section 14. Be it further enacted by the authority aforesaid, that the mayor and council shall designate the city clerk, or some other person city treasurer, and may designate some bank as a city depository. All checks or warrants withdrawing city funds may be signed by the city clerk or any other member of the body to be designated by the mayor and council. Treasurer, etc. Section 15. Be it further enacted by the authority aforesaid, that the mayor, councilmen, city clerk, chief of police, and other policemen employed by said city, shall take an oath to well and truly perform the duties of his office at the time of taking office, and the mayor and council shall require the city clerk, chief of police, or other officers they see fit, to give a good and sufficient bond for the faithful performance of their duties, and such bonds shall be in the amounts fixed by the mayor and council, and by them approved. Oaths, bonds. Section 16. Be it further enacted by the authority aforesaid, that the mayor and council shall provide by ordinance for the giving of appearance bonds, which may be either a surety bond, or a cash bond, for persons accused or charged

Page 2636

with the violation of the ordinances of said city, and by ordinance shall fix the manner in which said bonds shall be forfeited, execution issued thereon, and other procedure appertaining thereto. Appearance bonds. Section 17. Be it further enacted by the authority aforesaid, that any person convicted before the mayor or other presiding officer, in the police court, shall have the right of certiorari to the Superior Court of Berrien County, Georgia, in the manner prescribed in Title 19 of the Georgia Code. Certiorari. Section 18. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have full power and authority for the purpose of raising revenue for the support and maintenance of said city government and they shall provide by ordinance for the assessment, levy and collection of an ad valorem tax not exceeding one and 50/100 ($1.50) dollars on each one hundred ($100.00) dollars value of all real and personal property within the corporate limits of said city, and for the purpose of providing for a sinking fund for the payment of any bonds heretofore issued, or that may hereafter be issued by said city, and to provide a fund for the payment of the annual interest of said bonds, a greater ad valorem tax may be levied and collected. Said mayor and council shall provide by ordinance for the return of all taxable property in said city, that said property shall be assessed, how the valuation of the property fixed by the taxpayer may be increased or decreased by assessment, and provide penalties for the neglect or refusal to return said property, to provide for the issuance of executions for said taxes, and how said executions may be levied upon the property of the taxpayer, and the property so levied upon shall be advertised and sold, and the proceeds thereof distributed. Ad valorem tax. Section 19. Be it further enacted by the authority aforesaid, that the mayor and council shall have full power and authority to require any person, firm, company, or corporation, whether resident or non-resident of said city who may be engaged in, prosecute, or carry any business, calling, vocation, or profession within the corporate limits of said city, by themselves or by their agents, to register their names,

Page 2637

business, calling, vocation or profession annually and to require such persons, company or corporation to pay for said registration, and for license to carry on, prosecute, or engage in said business, calling or profession, such amounts as the mayor and council may provide by ordinance. Said mayor and council may provide for the punishment of all such persons, firms, companies, or corporations required by ordinance to register and pay such licenses, or to take out said licenses for same, who fail to comply with all the requirements of said ordinances made in reference thereto. And the mayor and council shall provide by ordinance for the issuance of executions for all or any unpaid license fees due to said city, and said execution shall be enforced and collected in the same manner as tax executions issued by said city. Business licenses. Section 20. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have full power and complete control of the streets, sidewalks, public parks and alleys in said city, and shall have full power and authority to condemn property within or without the corporate limits, except property of an existing public utility, for the purpose of public buildings, parks, cemeteries, water supplies, sewerage, drainage, water systems, gas systems, electric systems, and for laying out new streets, grading, or in any way changing streets, lanes and sidewalks in said city, and for any other public purpose, and the manner of condemning said property shall be that now fixed or hereafter fixed by the laws of this State, for the condemnation of property by municipalities. And the said mayor and council shall have the right to relocate, change, close, or abandon any street, sidewalk, lane or alley in said city. Streets, etc. Section 21. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have full power and authority, in their discretion, to grade, re-grade, pave, re-pave, macadamize, open and close, and otherwise improve the drainage of the sidewalks, streets, alleys, and public parks of said city, and to carry into effect by the authority herein granted, the mayor and council shall have full power and authority to assess the cost of paving and otherwise improving the sidewalks and streets against the

Page 2638

real estate abutting on such sidewalks to the amount of not more than two-thirds of such costs; and any street railroad company or other railroad company having tracks running through or across the streets of said city shall be required to pave, macadamize or otherwise improve such street in proportion as the mayor and council may provide by ordinance. Said mayor and council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the purpose above stated as may be just and proper, estimating the total cost of each improvement made, and prorating the costs thereof on real estate according to the frontage of the streets or portion of streets so improved, or according to the area of value of said estate, either or all as may be determined by ordinance. The amount of the assessment on each piece of real estate shall be a lien on such real estate from the date of the passage of the ordinance providing for the work and making the assessment. Said mayor and council shall have full power and authority to enforce the collection of any assessment so made for work either upon the streets or sidewalks, by execution issued by the city clerk against the real estate so assessed for the amount assessed against the real estate or the owner at the date of the ordinance making such assessment, which execution may be levied by the marshal of said city on such real estate, and after advertising and other proceedings as in the case of other sales by the city the same shall be sold at public outcry to the highest bidder. Said sale shall vest absolute title in the purchaser. The marshal shall execute a deed to the purchaser and shall have authority to eject the occupant and put the purchaser in possession. The mayor and council shall have authority to pave and contract to pave the whole surface of the streets without giving any railroad company or other property owner the option of paving such streets themselves. The lien for assessment of abutting property and railroad company for street or sidewalk paving, curbing, macadamizing, grading or drainage shall have rank and priority of payment next in point of dignity to liens for taxes, such liens to date from the passage of the ordinance authorizing the execution of the work in each case. Same. Section 22. Be it further enacted by the authority aforesaid,

Page 2639

that the said mayor and council shall have full power and authority to zone the said city into fire districts, to enact any and all ordinances, rules, and regulations necessary to protect the property in said city from the hazard of fire, and may adopt different rules and regulations for the different zones or districts so established. They may adopt a building code, fixing the specifications for all buildings, wirings and plumbing in said city. They may enact ordinances requiring any person erecting any building or structure in said city to first obtain a permit from said city for such building, structure or repairs, and shall be authorized to fix requirements and conditions such as the filing of plans and specifications and bonds, necessary to be performed by the applicant before such permit is issued; to fix a fee or charge for such permit, and may refuse to issue such permit when in the opinion of said mayor and council, such building, structure, or repairs, because of the materials to be used, the manner in which it is to be constructed, or the use to which said building or structure is to be put, would create a fire or other hazard in said city, and such ordinances may provide a penalty for anyone violating the same. Such ordinances and building code shall provide how any building, structure, or repairs erected in said city without the owner or builder having first obtained a permit for same, or having failed to comply with said ordinance or building code, or having failed to follow the plans and specifications filed with said city, shall be removed by the owner, or city at the owner's expense by execution against the owner of the property on which said building or structure is erected, which execution shall be issued and enforced in the same manner as other executions issued by said city may be enforced. Fire districts, etc. Section 23. Be it further enacted by the authority aforesaid, that the mayor and council may by ordinance, rules, and regulations provide for the examination and licensing of all builders, electricians, pipe fitters, plumbers, and other tradesmen before such builders, electricians, plumbers, and other tradesmen, shall do any building, electrical work, or plumbing in said city, provided, however, that the provisions of this section and the provisions of this Act shall not be construed to authorize the adoption of codes concerning, or

Page 2640

the examination of those concerned with, or the inspection of, the installation, repair or maintenance of electric wires or equipment by or for a utility rendering electric power or communication services and required by it to be utilized in the rendition of its duly authorized service to the public. Examination of trades, etc. Section 24. Be it further enacted by the authority aforesaid, that said mayor and council may provide for the inspection of all buildings for the purpose of having the same meet with all requirements relative to the materials used, electrical wiring, plumbing and the safety and strength of the same as the mayor and council may from time to time prescribe by ordinance to guard against loss by fire, injuries to the person, or damage to property. The mayor and council may also prescribe by ordinance such rules and regulations as they may deem necessary, regarding the use and storage of inflammable, combustible, and explosive materials and chemicals, and may by ordinance prohibit the use, and storage of highly inflammable, combustible and explosive materials and chemicals altogether in certain zones or areas of said city. Building code. Section 25. Be it further enacted by the authority aforesaid, that the mayor and council shall divide the city into zones, and to prescribe what class and kind of buildings, businesses, callings, trades or professions shall be permitted or prohibited within the zones so prescribed. They may form a planning board in conjunction with governing authorities of Berrien County and delegate to such joint planning board such powers and duties as necessary to properly zone and carry out zoning regulations in said city. Planning. Section 26. Be it further enacted by the authority aforesaid, that the mayor and council may construct, repair or extend sewers in any of the streets, alleys or ways of said city or contiguous territory that may hereafter be incorporated, to assess such part of the cost of the same on the real estate abutting on the street, way or alley in which the same may be extended, according to frontage as may seem just and reasonable, and to enforce the payment of same by execution against the abutting real estate and the owner

Page 2641

thereof, shall be in the same manner as hereinbefore provided for street improvements. Same. Section 27. Be it further enacted by the authority aforesaid, that said city is authorized to own, use and operate for municipal purposes and for profit a system of waterworks and gas works, both within and without the corporate limits of said city. The mayor and council shall make and enact such ordinances, rules and regulations regarding the use of the same by the public, and provide by ordinance for the punishment of those, who illegally divert same from their proper channels of transmission, or who injure or destroy or permit to be injured or destroyed, any meter, pipe, conduit, line, post, lamp, or other apparatus belonging to the city and its water and gas systems, or who prevent a gas or water meter from duly registering the quantity of gas or water supplied, or in any way interfere with the proper action or just registration, or, without the consent of the city, divert any gas or water distributed by the city. The police court of said city shall have the right to punish for the violation of any of the ordinances, rules, or regulations in this Section, even though said violation should occur outside the territorial limits of said city. The mayor and council may prescribe by ordinance for the issuance of an execution to enforce the collection of any sum due said city for the use of water, gas, or other public utility of the city. Utilities. Section 28. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have the power to grant franchises, easements and rights of way over, in, under, and on the public streets on such terms and conditions as they may fix. They may contract with any other public or private corporation regarding the furnishing of water, electric current, gas, or other public service, to said city by said other corporation, or regarding the furnishings of water, electric current, gas or other public service, by the city to such public or private corporation. Provided the said mayor and council, shall not grant any franchise, easement or authority to any person, public or private corporation to own, operate, or maintain any public utility in competition to any public utility owned by said city within said city. Franchises.

Page 2642

Section 29. Be it further enacted by the authority aforesaid, that there shall be a fire department maintained and operated by the City of Enigma under such rules, regulations and ordinances as the mayor and council shall prescribe. In addition to the chief, the fire department shall consist of such number of men, who shall receive fees as may be prescribed by the mayor and council, and who shall be elected by the mayor and council as other officers and servants of said city. The chief shall be the executive head of the department, shall be responsible for the good order and efficiency of the same, and shall make such reports to the mayor and council of the condition of the department as may be required and said chief shall be and is hereby made ex-officio police officer of the city and empowered to make arrests as regular police. Fire department. Section 30. Be it further enacted by the authority aforesaid, that the mayor and council may by ordinance provide for a board of health, to consist of such number to hold office for such length of time, and to have such powers and duties as the mayor and council may by ordinance provide. The mayor and council shall have power and authority to enact ordinances for the purpose of preventing the spread of infectious or contagious diseases, to declare and maintain quarantine regulations against infectious or contagious diseases of both persons and animals. They shall have power to compel all persons or animals in said city, whether said persons be permanent residents or sojourners, to be vaccinated or inoculated, and may provide vaccination and inoculation points, and employ city physicians at the expense of the city to vaccinate or inoculate all persons or animals, and may provide by ordinance punishment for persons failing to be vaccinated or inoculated. The said mayor and council shall have power and authority to enact ordinances regulating sanitation in said city, require suitable sanitation facilities in all buildings, prohibit open or outdoor privies or toilets, require that property owners keep their lands clean of all weeds and other matter, regulate or prohibit the keeping of animals and fowls in said city, requiring owners of lots, parts of lots, cellars, or basements, if the same should become a nuisance or peril to the health of said city, to fill or drain said lots, cellars or basements,

Page 2643

and if the owner or occupant of such lots, cellars, or basements should fail or refuse after reasonable notice to comply with the requirements of said mayor and council, it shall be lawful for the said mayor and council to have this work performed and by ordinance tax the costs against the property and collect the same by execution issued as provided by ordinance. They shall have power to regulate cemeteries and the burial of the dead, either within or without the city, and to regulate interments therein, to provide rules and regulations as to the size of the burial lots, alleys between graves, type of markers and stone, flowers and shrubbery, sale and ownership of lots therein, and to expend annually a sufficient sum for the proper keeping of said cemeteries. Board of health. Section 31. Be it further enacted by the authority aforesaid, that the mayor and council shall have full power and authority by proper ordinances to provide for the abatement of nuisances, lewd houses, gambling and gambling places, blind tigers, and disorderly houses, to charge the expense for abating such nuisances or places against the person causing the same, or the owner of the premises, according as one or the other is liable, and to enforce the collection of said expenses by execution issued as executions for taxes. The said mayor and council shall have full power aud authority to provide by ordinance for the abatement or condemnation of any wall, building, structure, awning, shed, signs, etc., which on account of its state of repair, location, construction, etc., is a hazard to the safety of the public or an obstruction to any street, alley or sidewalk, and charge the expenses of abating, condemning or removal of the same against the person causing the same, or the owner of the premises, according as the one or the other is liable, and to enforce the collection of said expenses by execution issued as executions for taxes. Nuisances, etc. Section 32. Be it further enacted by the authority aforesaid, that the execution herein provided for shall be issued by the city clerk, hearing teste in the name of the mayor, directed to all and singular, the chief of police, policemen, and marshal of said city, and to the sheriffs and constables of said State. The city clerk shall keep an execution docket

Page 2644

in which he shall record all executions issued, showing the name of the defendant in fi. fa., the dates, the amounts, and the date of satisfaction, if satisfied. Said executions, when issued for ad valorem taxes, or for street and sidewalk improvements, shall have the same lien and priority as tax executions and street improvements executions generally have under the laws of this State, and all other executions issued by said city shall have the same lien and priority as executions issued by the Superior Courts of this State, provided that except as to tax executions and executions issued for street and sidewalk improvements, the rights and priorities of third persons shall not be affected unless said executions are recorded on the general execution docket of the Superior Court of the county in which the property sought to be subjected to such execution is located, and as to such third parties the lien and priority of said execution shall date only from the time said executions are so recorded on said general docket. In any case where the defendant in execution has no property within the City of Enigma, then in that event any execution issued by authority of the city for the enforcement of the payment of any sum for taxes, special assessments, fines, or otherwise, may be levied and enforced in any county in the State in which property of the defendant may be found and for such purposes it shall be the duty of any levying officer into whose hands said execution may be placed to promptly enforce the same in the same manner as other executions are enforced with reference to levy, advertisement and sale. Provided, however, that to any executions issued by said city, the defendant shall have the right to file an affidavit denying for any reason that the whole or any part of the amount for which execution issued is due, and the reason why same is not due by and from defendant, and stated what amount is admitted to be due shall be paid before said affidavit shall be received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned to the Superior Court of Berrien County, and there be tried and the issue determined as in cases of illegality, subject to all the penalties provided for in cases of illegality for delay. Fi. fas. Section 33. Be it further enacted by the authority aforesaid, that the said city may issue municipal bonds and revenue

Page 2645

certificates for municipal purposes, in the manner and subject to the limitations provided by the laws and Constitution of this State. Bonds. Section 34. Be it further enacted by the authority of aforesaid, that the mayor and council shall have the power to provide by ordinance for the charge and collection of all items of cost in cases brought into the police court, such as are incident and lawfully chargeable to the prosecution of said cases. Subpoenas may be issued by the city clerk, or chief of police, bearing teste in the name of the presiding officer, and shall contain a brief statement of the case, the time set for trial or hearing and the time at which the person subpoenaed shall appear. The presiding officer shall have the power to punish any person disobeying said subpoena for contempt of court. The mayor and council shall provide by ordinance for dockets for said police court, for a summary or simple statement of the offenses with which persons are charged, which statement shall be deemed sufficient notice to, or accusation of, the accused, and shall provide general rules of procedure in said court. Police court. Section 35. Be it further enacted by the authority aforesaid, that all persons qualified to vote for members of the General Assembly and who are registered voters in the County of Berrien and who shall have resided six (6) months within the city limits of the City of Enigma, and have registered as hereinafter provided, shall be qualified to vote in any city election. Voters. Section 36. Be it further enacted by the authority aforesaid, that the city clerk shall keep a permanent voters registration book in which persons desiring to vote in any city election, and otherwise qualified to vote, shall register. Upon application in person by such person entitled to register, who shall furnish to the city clerk evidence of their qualifications, the clerk, or other registering officer named by the mayor and council, shall allow said person to enter upon the registration book his or her name, age, residence and occupation. Said names shall be alphabetically arranged in the register as nearly as possible, the white and colored being kept separate. The registering officer shall be the

Page 2646

judge of the qualification of those offering to register, with a right of appeal by the applicant to the mayor and council, and the registrar may in his discretion require the applicant to take oath that he is qualified to so register. The said registration book shall be kept in the office of the city clerk at the city hall, and shall be open for the purpose of registration at all times said clerk's office is open for official business, except, said registration book shall close at the close of the twentieth day before any election, and any person registering therein after the twentieth day before any election, shall not be qualified to vote in said election, and if said twentieth day should fall on Sunday or other legal holiday when the city clerk's office is not open, then said registration book shall be closed at the end of the nineteenth day before said election. Prior to all elections, and after the close of the registration book, the city clerk, and such other person or persons as shall be designated by the mayor and council, shall make a list of all the qualified voters so registered, after having first purged said list and book of all persons who have died, moved without the city, or otherwise become disqualified to vote, and such list, when certified by the city clerk, shall be the official list of the qualified voters for said election, and shall be furnished as such to the election managers. No person whose name has been purged from said book because of having moved without the said city, or having otherwise become disqualified to vote, shall be allowed to again vote in any city election, until his disqualification has been removed, and he has registered anew. Provided, that in all elections for the authorization of a bonded or other indebtedness the State laws shall in all respects govern where in conflict with this charter. Voter registration. Section 37. Be it further enacted by the authority aforesaid, that the mayor and council shall appoint, prior to each election, a board of three managers, one of whom shall be in charge, to conduct said election, each of said managers shall be qualified voters of the said city, and each shall take an oath to faithfully and impartially conduct said election and prevent all illegal voting, to the best of their skill and power. All elections in said city shall be held at the fully provided and designated voting booth or booths within said city. The manner of holding said election, a secret ballot, the provisions

Page 2647

for voting booths, the hours of keeping the polls open shall in all respects be the same as the holding of an election for the members of the General Assembly in said county. Persons receiving the highest number of votes for respective offices shall be declared elected. At the close of said polls, the managers shall count all votes, and shall return their tally of said votes, together with the list of qualified voters, list of those voting, and all ballots, properly sealed, to the mayor and council. If the results of any election held in said city is contested, notice of contest shall be filed with the city clerk within twenty-four hours after the managers have completed the counting of said votes, setting forth all the grounds of contest, and paying twenty-five ($25.00) dollars in advance to the city clerk as costs. Within ten days thereafter, and after the mayor and council have given two days' notice to the contesting parties as to the time of hearing said contest, the mayor and council shall proceed to hear and determine all issues made by said rules and regulations, which they may consider necessary for the good government, peace, order, prosperity, comfort, health, and general welfare of the said city and the inhabitants thereof, and where, under this Charter, rights are confererd or powers granted, but the manner of exercising them is not fully prescribed, the mayor and council may prescribe the method of exercising them, or they may prescribe additional regulations and modes of procedure not repugnant to the intents and purposes of this Act, nor the laws of the State. Elections. Section 41. Be it further enacted by the authority aforesaid, that all Acts of the General Assembly heretofore passed incorporating the Town of Enigma, be and are hereby consolidated and superseded by this Act, and all Acts of the General Assembly inconsistent with or at variance with this Act are hereby expressly repealed, and all laws and parts of laws inconsistent herewith are repealed. That all ordinances passed by the mayor and council of the Town of Enigma under a former charter, or any amendment thereof which are now in force, and which are inconsistent with and at variance with this Act, be and are hereby expressly repealed, but all ordinances of said Town of Enigma heretofore passed and now in force, which are not inconsistent with this Act are continued as ordinances of the City of

Page 2648

Enigma, in full force and effect until the same have been repealed by ordinance or resolution of the mayor and council, as provided for in this Act. Intent. Section 42. Be it further enacted by the authority aforesaid, that the mayor and council shall have exclusive control over the licensing, sale and regulation of the sale of alcoholic beverages, liquors, malts, beers and wines within the City of Enigma not in conflict with the laws of the State of Georgia. Alcoholic beverages. Section 43. Not less than 10 nor more than 20 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the clerk of the Town of Enigma to issue the call for an election for the purpose of submitting this Act to the voters of the Town of Enigma for approval or rejection. The clerk 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 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 Berrien County. The ballot shall have written or printed thereon the words: For approval of the Act incorporating the City of Enigma; and for other purposes. Against approval of the Act incorporating the City of Enigma; and for other purposes. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those desiring to vote for rejection of the Act shall vote against approval. If one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the Town of Enigma. 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

Page 2649

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 44. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part of parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 45. Be it further enacted that if any provision of this Act shall be held to be unconstitutional, such provision alone shall be invalid, and the other parts of this Act shall be unaffected thereby and shall remain in full force and effect. Same. Section 46. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law are attached heretofore and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia relating to publication of notice of intention to apply for the passage of this local legislation have been compiled with for the enactment of this law. Section 47. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Berrien County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Knight, who, on oath, deposes and says that he is representative from Berrien County, and that the attached copy of Notice of

Page 2650

Intention to Introduce Local Legislation was published in The Nashville Herald, which is the official organ of said county, on the following dates: December 20, 1962; December 27, 1962 and January 3, 1963. /s/ W. D. Knight Representative, Berrien County. Sworn to and subscribed before me this 11th day of January, 1963. /s/ Kathryn Rule Notary Public, Georgia, State at Large. My commission expires 1-30-65. (Seal). Notice to Introduce Local Legislation. Notice is hereby given that we, the undersigned, shall introduce a bill in the 1963 session of the General Assembly to amend the present charter of the Town of Enigma, Georgia; and for other purposes. This the 19th day of December, 1962. Robert A. (Bobby) Rowan Senator, 8th Senatorial District of Georgia W. D. Knight Representative from Berrien County. Approved April 2, 1963.

Page 2651

CITY OF ROCHELLESALARIES OF MAYOR AND ALDERMEN. No. 192 (Senate Bill No. 140). An Act to amend an Act creating a new charter for the City of Rochelle, Wilcox County, Georgia, approved March 3, 1962 (Ga. L. 1962, p. 2791) so as to provide for the payment of a salary for the mayor and aldermen of the City of Rochelle, Wilcox County, Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Rochelle, Wilcox County, Georgia, approved March 3, 1962 (Ga. L. 1962, p. 2791), is hereby amended by adding a new section thereto to be known as Section 5 (c) to read as follows: Section 5 (c). The mayor and aldermen of the City of Rochelle shall set the salary of the mayor and aldermen each year which salary for the mayor shall be not more than $75.00 per month and not less than $25.00 per month and for the aldermen shall be not more than $25.00 per month and not less than $5.00 per month, provided however that if the mayor or any aldermen do not attend the regular monthly meeting, no salary shall be paid to such absent mayor or aldermen for that month. The salaries shall be set at the first regular meeting in January of each year or as soon thereafter as is practical and the mayor shall receive his salary monthly and the aldermen shall receive their salaries in July and December of each year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 2, 1963.

Page 2652

CITY OF COCHRANZONING. No. 194 (Senate Bill No. 144). An Act to amend an Act incorporating the Town of Cochran under the corporate name and style City of Cochran in the County of Bleckley (formerly Pulaski) and providing and creating a new charter for said city, approved August 15, 1904 (Ga. L. 1904, p. 407), as amended, so as to create a zoning commission for said city and to prescribe its duties, powers and authority; to provide for a system of zoning all real estate that may now or hereafter be included in the corporate limits of said city for residential, business and all other purposes; 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 Cochran under the corporate name and style City of Cochran in the County of Bleckley (formerly Pulaski) and providing and creating a new Charter for said City, approved August 15, 1904 (Ga. L. 1904, p. 407), as amended, is hereby amended by adding thereto a new section to be known as section 100A to read as follows: Section 100A. Pursuant to Article III, Section VII, Paragraph XXIII of the Constitution of Georgia, the City Council of the City of Cochran may create a zoning commission for the City of Cochran to be appointed by the city council which shall consist of three (3) members. Initially, one member shall be appointed for a term of one (1) year, one member for a term of two (2) years and one member for a term of three (3) years and thereafter their successors shall be appointed for a term of three (3) years. The commission shall elect one of its own members chairman and may appoint a secretary, who may be an officer or employee of the City of Cochran. Any citizen of the City of Cochran may be appointed to membership on the commission except members of the city council including the mayor. Upon the occurrence of a vacancy the city council shall appoint a person to the commission for the unexpired term. Zoning Commission.

Page 2653

Section 2. Said Act is further amended by adding thereto a new section to be known as section 100B to read as follows: Section 100B. It shall be the duty of said commission to make a study of the entire City of Cochran and from said study to formulate a zoning plan for said city for the control of the use of all real estate in said city so that the future growth of said city shall be a harmonious plan and development in accordance with the present needs, and will best promote health, safety, morals, order, convenience, prosperity and general welfare as well as efficiency and economy in the process of development, including among other things adequate provision for traffic, to promotion from safety from fire and other dangers, the promotion of the healthful, orderly and economic distribution of population, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, and the adequate provision of public utilities and other public requirements. Duties. Section 3. Said Act is further amended by addi[UNK]ng thereto a new section to be known as section 100C to read as follows: Section 100C. Toward this end the commission may adopt a total plan for the entire city or may adopt a plan for any portion of the city and adopt other plans for other portions of the city at such times as they are able to determine the needs of each section of said city, but all of the plans so adopted shall conform to and finally make the total plan. Before placing any area under a zoning plan they shall hold at least one public hearing, notice of which has been advertised in a newspaper published in said city, at least ten (10) days prior to said hearing, and during such time they shall have subject to inspection a copy of said plan on file in the office of the clerk of the city council of said city. Plan, hearings, etc. Section 4. Said Act is further amended by adding thereto a new section to be known as section 100D to read as follows: Section 100D. After the adoption of any such master plan or plan for any section of or geographical portion of said city, according to the terms of this Act, and shall have filed certified copies together with all maps and descriptions

Page 2654

thereof in the office of the clerk of the city council, thereafter same shall be a zoning of said city or such geographical portions of said city as the same shall cover and shall be notice to all persons buying or selling real property in said city, and thereafter all properties purchased shall be with notice of said zoning regulations set forth in said plan on file, and all properties covered by any such plan or plans shall be subject to any regulations therein contained. Intent, etc. Section 5. Said Act is further amended by adding thereto a new section to be known as section 100E to read as follows: Section 100E. Should any property owenr be dissatisfied with the action of said commission in zoning any parcel or tract of property belonging to said property owner, or with the permitted use or uses of said property, he may appeal their decision to the city council, and if dissatisfied with the decision of the city council said property owner may appeal the same to the Superior Court of Bleckley County by writ of certiorari. Review. Section 6. Said Act is further amended by adding thereto a new section to be known as section 100F to read as follows: Section 100F. The commission may amend its master zoning plan from time to time on its own initiative after holding at least one public hearing and giving notice as required for placing any area of said city under a zoning plan. Amendments. The commission shall have power and authority to consider requests for amendments to said master zoning plan and shall be authorized to promulgate rules and regulations relative to the procedure to be used in considering applications for amendments to said master zoning plan. After the master zoning plan has been completed the commission shall have power and authority to require a filing fee in the sum of fifteen ($15.00) dollars to be paid by applicants requesting an amendment to said master zoning plan. The city council shall also be authorized and empowered to pass ordinances regulating the procedure to be used by the commission in considering amendments to the master zoning plan.

Page 2655

Section 7. Said Act is further amended by adding thereto a new section to be known as section 100G to read as follows: Section 100G. The members of said commission shall receive ten ($10.00) dollars for each meeting regularly held by said commission, said commission to hold meetings regularly once a month on such date as shall be determined by them, which meeting date shall be duly advertised so that the public may be aware of and attend said meetings. Compensation of Zoning Commissioners. Section 8. Said Act is further amended by adding thereto a new section to be known as section 100H to read as follows: Section 100H. Any violation of any of the regulations contained in the duly registered plans on file in the office of the clerk of the city council, or any attempt to sell or otherwise dispose of any property in any subdivision which has not been approved by said commission, may be enjoined by said commission or the person, firm or corporation guilty of such violation shall be subject to a penalty as prescribed by the city council. Violations. Section 9. Said Act is further amended by adding thereto a new section to be known as section 100I to read as follows: Section 100I. The provisions of this Act are cumulative and none of the provisions of this Act shall prevent the city council of the City of Cochran from creating a municipal planning board or from enacting the provisions of an Act entitled `An Act Empowering cities, towns, and counties, separately or jointly, in the State of Georgia to provide, maintain, and conduct supervised recreation systems and to acquire, establish, conduct and maintain parks, playgrounds, recreational facilities and activities, and authorizing such municipalities and counties to create recreation boards or commissions and prescribing their powers and duties.', approved January 31, 1946 (Ga. L. 1946, p. 191), as amended, or from creating a municipal planning commission or from enacting the provisions of an Act entitled `An Act to authorize

Page 2656

the governing authorities of the several municipalities and counties of this State to establish separate or joint planning commissions; to provide for the preparation and amendment of overall plans for the orderly growth and development of said municipalities and counties; to provide for the regulation of the subdivision of land; to provide for the regulation of structures in mapped streets, public building sites, and public open spaces; to repeal conflicting laws, and for other purposes.', approved March 13, 1957 (Ga. L. 1957, p. 420), as amended. Intent. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 2, 1963. CITY OF ALBANYCORPORATE LIMITS. No. 199 (House Bill No. 621). 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), an Act approved March 17, 1960 (Ga. L. 1960, p. 2827), and an Act approved March 3, 1962 (Ga. L. 1962, p. 2782), 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), an Act approved March 17, 1960 (Ga. L. 1960, p. 2827), and an Act approved March 3,

Page 2657

1962 (Ga. L. 1962, p. 2782), 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 northwest corner of Slappey Drive and Lippitt Drive extended westerly as a beginning point, run north along the west right-of-way line of Slappey Drive to a point two hundred ten (210) feet south of the south right-of-way line of Colquitt Avenue; thence run west along the south side of a twenty (20.0) foot alley extended to the west right-of-way line of Walnut Street; thence south 10[UNK] east along the west side of Walnut Street, a distance of one hundred twenty (120) feet, to the south side of a twenty (20.0) foot alley; thence south 890[UNK] 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 south 010[UNK] west along the west line of land lot number 375, a distance of two hundred fifty-eight (258) feet, to the south side of a twenty (20.0) foot alley; thence west along the south side of said twenty (20.0) foot alley, a distance of one thousand and fifty-eight and three-tenths (1058.3) feet to the easterly side of a fifty (50.0) foot Central of Georgia right-of-way; thence northerly and north westerly along said easterly right-of-way line to the south side of Gordon Avenue; thence 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 a point twelve hundred seventy-nine and three-tenths (1279.3) feet south of the south right-of-way line of the Central of Georgia Railroad where said land lot line intersects the south side of a twenty (20.0) foot alley; thence south 7110[UNK] west along the south side of said alley, a distance of twenty three and seven-tenths (23.7) feet to a point; thence run south 6031[UNK] west along the south side of said alley, a distance of three hundred fifty (350.0) feet to a point; thence run south 7243[UNK] west along the south side of said alley, a distance of two hundred four and six-tenths

Page 2658

(204.6) feet to a point; thence run north 2929[UNK] west along the west side of a twenty (20.0) foot alley, a distance of nine hundred and eight-tenths (900.8) feet to the north side of a twenty (20.0) foot alley; thence run north 1805[UNK] west, a distance of five hundred sixty (560.0) feet to the north right-of-way line of the Central of Georgia Railroad; thence run southwesterly along the north right-of-way line of The Central of Georgia Railroad to a point on the west side of Ingleside Drive extended; thence run northeasterly along the west side of Ingleside Drive to the south side of Broad Avenue; thence run northwesterly along the west side of Broad Avenue to a point on a line parallel to and five hundred (500) feet south of the southerly side of Gillionville Road measured perpendicular; thence run westerly along said line 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[UNK] east a distance of five hundred thirty-nine and two tenths (539.2) feet to a point; thence run south 8736[UNK] west a distance of five hundred fifty (550) feet to a point; thence run north 040[UNK] west a distance of one thousand three hundred fifty-six and 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

Page 2659

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 Kinchafoone 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 twenty (20.0) foot alley; thence run westerly along the south side of said twenty (20.0) foot alley, a distance of one hundred fourteen (114.0) feet to a point; thence run in a northerly direction a distance of four hundred (400.0) feet to the north side of a twenty (20.0) foot alley; thence run easterly along the north side of said twenty (20.0) foot alley a distance of two hundred and Eighty-four (284.0) feet to the west side of Hobson Street; thence run north along the west side of Hobson Street to the east right-of-way line of the

Page 2660

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 (250.0) 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 1, 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; 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

Page 2661

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 Rose Briar Road; thence run westerly along said line parallel to and south of the southerly side of Rose Briar Road 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[UNK] east, a distance of one hundred eighty-six and seven tenths (186.7) feet to a point; thence run south 8910[UNK] west, a distance of one hundred (100.00) feet to a point; thence run north 040[UNK] 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 of U. S. Highway 82, measured perpendicular; thence run westerly along said line parallel to and south of the southerly right-of-way line of U. S. Highway 82 to a line between land lots number 201 and number 202, first land district of Dougherty County; thence run west along the line between land lots number 201 and number 202 to the

Page 2662

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[UNK] east a distance of one thousand seven hundred twenty-five and eight tenths (1725.8) feet to a point; thence run south 8842[UNK] 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[UNK] 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[UNK] 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[UNK] east along the southeasterly right-of-way line of Newton Road a distance of sixty (60) feet to a point; thence run south 5619[UNK] east a distance of three hundred thirty-three and four tenths (333.4) feet to a point; thence run north 111[UNK] west a distance of five hundred ninety-seven and six tenths

Page 2663

(597.6) feet to a point on the southeasterly right-of-way line of Newton Road; thence run north 3341[UNK] 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 extended westerly to the west right-of-way line of Slappey Drive and 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced for passage at the ensuing 1963 session of the General Assembly of Georgia a bill to amend the existing corporate limit line of the City of Albany as defined in the Acts of the General Assembly of Georgia 1960 session, pp. 2828 to 2833, by changing said line so as to include within the corporate limits of the City of Albany, Georgia, all of that area north of Lippitt Drive and east of Slappey Drive; Clearview subdivision; Westtown subdivision, section 1 and Avondale C subdivision. A plat showing the proposed limits extension is of file in the office of the city manager at the City Hall subject to inspection of any interested party.

Page 2664

This the 11 day of January, 1963. A. W. Holloway, Senator George D. Busbee William S. Lee Colquitt H. Odom, Representatives 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 12, 19 and 26, 1963. /s/ George D. Busbee Representative, Dougherty County Sworn to and subscribed before me this 6th day of March, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My commission expires Mar. 17, 1964. (Seal). Approved April 2, 1963.

Page 2665

BACON COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES. No. 204 (House Bill No. 243). An Act to create a board of commissioners of roads and revenues for Bacon County, Georgia; to provide for dividing said county into commission districts; to prescribe manner of election, term of office, qualifications, oath of office, compensation, powers, duties and responsibilities; to provide for filling vacancies; to provide for a chairman and vice-chairman; to provide for recall and the procedure for recall; to provide for a quorum; to provide for meetings; to provide rules of procedure; to provide for creation of the office of clerk; to prescribe qualifications, duties and compensation of the clerk; to provide for bond of the clerk; to provide that the clerk post monthly list of all county disbursements; to provide power and authority for the board of commissioners; to provide for reports by county officers; to provide for annual reports by county officers; to provide for appointment of county employees; to provide for a superintendent of roads; to provide for a county attorney; to provide for tax requirements; to provide for budgets and appropriations; to provide for expenditures by allotments; to provide for audits; to provide for a system of records; to designate a county depositary; to provide that list of disbursements may be published upon recommendation of grand jury; to provide for quarterly publishing of balance sheet and operating statement; to provide for annual inventory of county property; to prohibit commissioners from subcontracting with county; to provide method for entering into county contracts; to provide method of payments for rights-of-way; to provide for a purchasing policy; to prohibit certain purchases; to provide that contracts be in writing and entered on minutes; to provide mode of contracting in certain cases; to provide what notice a contract shall be given; to require contractors to give bond; to require bonds for public contractors; to provide for fees for licenses; to provide for erection and furnishing of buildings and protection of records; to provide a system for controlling property; to provide for selling unserviceable property; to provide for public sale of real

Page 2666

property and publication of notice; to authorize temporary loans and conditions thereof; to provide that no county work shall be done on private property except by unanimous vote of board; to provide for inapplicability of this Act to county board of education; to provide for review of legislation by judge; to provide an effective date; to repeal specific laws; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Commissioner Districts : For the purpose of this Act and for the purpose of the election of commission members, Bacon County is hereby divided into three (3) commissioner districts to be constituted and designated as follows: The Northeast District shall consist of all of that territory in Bacon County lying northeast of Hurricane Creek, excluding any such territory embraced within the corporate limits of the City of Alma. The Southwest District shall consist of all of that territory in Bacon County lying southwest of Hurricane Creek, excluding any such territory embraced within the corporate limits of the City of Alma. The Alma District shall consist of all of that territory in Bacon County embraced within the corporate limits of the City of Alma. Section 2. Election and term of office of commissioners : It shall be the duty of the ordinary of Bacon County to hold an election for the purpose of electing three (3) commissioners of Bacon County, Georgia, under the provisions of this Act. Three (3) members shall be elected to serve as commissioners of roads and revenues of Bacon County and their terms of office shall commence on January 1, 1965. The members elected to represent the northeast district and the southwest district shall be elected for and shall serve a term of four (4) years each and until their successors are elected and qualified. The member elected to represent the Alma district shall serve a term of two (2) years and until

Page 2667

his successor is duly elected and qualified. All members elected in subsequent elections after the election of 1964, other than elections to fill vacancies for unexpired terms, shall serve for terms of four (4) 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 Bacon 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 3. Qualifications of members : Members of the board of commissioners shall be citizens of this State who have attained the age of twenty-five (25) years, are and have been legal residents of Bacon County and their respective district for not less than two (2) years preceding the date of their election, are free holders in Bacon County, who have paid their taxes to date, and qualified and registered in Bacon 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, a municipality, nor of the State of Georgia during his term of office on the board. Section 4. 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 Bacon 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 5. Compensation : Members of the board herein created shall be paid, as their entire compensation for services, the sum of seventy-five ($75.00) dollars per month, except the chairman who shall receive one hundred fifty

Page 2668

($150.00) dollars per month, plus eight ($.08) cents per mile to and from their home to the county courthouse to attend regular and special meetings of the board, 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 business, which said claim for expenses shall be accompanied by an affidavit executed by each member, swearing that the same is true and correct and was expended by him in pursuance of county business. Section 6. Vacancies . All vacancies in the membership of the board of commissioners occurring within one year or less of expiration of such term of office shall be filled by appointment of the remaining membership 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. Persons 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 7. Chairman and vice-chairman : At their first regular meeting in January, 1965 and at the first regular meeting in each year thereafter, the board of commissioners shall by majority vote elect one of their number as a chairman and also one of their number as vice-chairman. The chairman and vice-chairman shall serve at the pleasure of a majority of the members of the board and may be removed at any time 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 the 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 vice-chairman shall assume the duties of 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, to announce the decision of the board

Page 2669

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. All three commissioners shall be bonded in the amount of $10,000.00 by a good and solvent bonding company authorized to do business in the State of Georgia, said bond to be approved by the ordinary, payable to the ordinary and his successors in the office, for the use of Bacon County, conditioned upon the faithful performance of their duties. The costs of said bonds shall be paid from the general funds of Bacon County. Section 8. Recall : Each member 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 35% 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 Bacon 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 (15) days after it is placed in the ordinary's office for the purpose of obtaining signatures thereon. Any petition presented after such fifteen (15) 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

Page 2670

superior court of Bacon 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 of the sufficiency of the petition within fifteen (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 five (5) days after he determines that such petition is in order. He shall set the date of the election for not less than twenty (20) nor more than thirty (30) days from the date of the issuance of the call and shall publish the date and purpose of such election once a week for two (2) 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 of such member. The ballot shall have written or printed thereon, the words For recall of (name of member) (district) and Against recall of (name of member) (district) . 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 person so removed shall not be eligible for re-election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the person 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 person shall be held for at least two (2) years. Section 9. Quorum : Two (2) members of the board of commissioners shall constitute a quorum for the transaction of all business which may come before them. Section 10. Meetings : All regular meetings of the board of commissioners shall be held on the first Tuesday in each month at ten (10) o'clock a.m. in the office of said board or at a pre-announced place on the courthouse premises in Bacon County, Georgia and said meetings may be adjourned

Page 2671

from day to day until all business is completed. Any commissioner who fails to attend a monthly meeting forfeits his monthly salary for the month in which the meeting was missed. If any commissioner attends only part of a regularly scheduled meeting, the other commissioners shall decide whether or not to pay said commissioner. The majority of said commissioners is to decide on the validity of an excuse. Extra sessions or special meetings may be held at any time on the call of any two (2) 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, and the 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 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 any other than a public meeting. Section 11. Rules of Procedure : It shall be the duty of 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 12. Clerk : It shall be the duty of the board of commissioners, not later than January 31, 1965, 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 and 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

Page 2672

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 relative of any county commissioner, as close as first cousin or closer, may be employed by said commissioners. Section 13. 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 Bacon County. It shall be the duty of the clerk of the board of commissioners to attend all meetings of the board, subject to wishes of 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 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 14. 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, not less than $50,000.00 nor more than $100,000.00, executed by a solvent bonding company authorized to do business in the State of Georgia,

Page 2673

to be approved by the board of commissioners, payable to the board of commissioners and their successors in the office, for the use of Bacon County, conditioned upon the faithful performance of their duties. The costs of such bonds shall be paid from the general funds of Bacon County. Section 15. Clerk to post monthly list of disbursements : The board of commissioners for Bacon County shall require the clerk of said board to post on the bulletin board in the rotunda or hallway of the courthouse, a monthly list of all disbursements in detail, by giving the names and amounts to whom the checks were issued and said list shall be accessible to the public. This information shall also be on file in the office of the board of commissioners for inspection by any citizen or taxpayer. Section 16. Power and authority of board of commissioners : It shall be the duty of the board of commissioners of Bacon 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 Bacon 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. The board of commissioners shall have power and authority to levy taxes, borrow money, hire and fire and all other powers and authority vested in county commissioners according to the laws and Constitution of the State of Georgia. Section 17. Reports of county officers : The board of commissioners is hereby empowered to require that any or all county officers make written reports to them on the general or specific conduct of the affairs of their respective offices, semiannually, and to adopt rules and regulations, not in conflict with the general laws of the State, concerning the conduct of such offices. Section 18. Annual reports of county officers : All county officers of the various departments of Bacon County shall make a return, under oath, to the grand jury on the first day of each term of the superior court, setting forth

Page 2674

a just and true statement of the amount of money received by them belonging to said county and the sources from which the same was received; also, the expenditures, accompanied with proper vouchers. Section 19. Appointment of employees : The board of commissioners of Bacon County shall have the power to appoint and remove all county employees, and to set all salaries, and to adopt reasonable rules and regulations for the various departments in the county. All employees employed by said board shall be of the highest moral integrity possible and shall be citizens of the United States who have paid their taxes to date and who are the best qualified and experienced people that said board can employ in the field of endeavor for which the employees are being employed. Provided, however, that no relative of any county commissioner, as close as first cousin, or closer, may be employed by said commissioners. Section 20. 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 21. County attorney : The board of commissioners shall have the right to appoint a county attorney and fix his compensation. Section 22. Tax requirements : It shall be the duty of the board of commissioners of Bacon County to have prepared by the clerk, under their supervision, by the time of the occasion of the grand jury at the first or spring term, a statement of the financial condition of the county, and the amount of tax required for county purposes for the year, which shall be presented by the clerk, to the foreman of the grand jury on the first day of the term, for inspection by that body. 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 1965, adopt a budget providing for the expenditure of all county funds, including capital outlays and public works,

Page 2675

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 organ of Bacon 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, on or before January 31st annually, 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, 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 Bacon County grand jury and a copy filed in the office of the clerk of the 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

Page 2676

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 Bacon County, collected from whatever source. It shall be the duty of each county officer collecting funds which belong to Bacon 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. List of disbursements may be published any time upon recommendation of grand jury : A recommendation of two-thirds of any grand jury may require that a list of all disbursements, showing names and amounts, expended by Bacon County be published in the official organ of said county. Section 29. Quarterly publishing of balance sheet and operating statement : The board of commissioners shall publish in the official organ of Bacon County quarterly, to wit; (A) A current balance sheet of Bacon County. (B) An operating statement for the past three (3) months. Section 30. Annual inventory of county property : An annual inventory shall be made by the board of commissioners of all property belonging to Bacon County, both real and personal, and kept in an inventory book for public inspection. Section 31. Board of commissioners subcontracting with county prohibited : The board of commissioners of Bacon

Page 2677

County shall be prohibited from doing any subcontracting whatsoever except by a unanimous vote of said board. Section 32. County contracts : No county contracts may be entered into by the board of commissioners of Bacon County except by a two-thirds vote of said board. Section 33. Payments for rights-of-way : Payments made in securing the rights-of-way for roads shall be made through condemnation. Provided, however, the board of commissioners of Bacon County may make a voluntary payment or negotiate payment to a land owner by unanimous vote of said board. Section 34. Purchasing policy : A purchasing policy shall be adopted by the board of commissioners of Bacon County and same shall be in writing and submitted to the first grand jury after said board takes office under the provisions of this Act, for approval by a majority vote of said grand jury. If said grand jury disapproves said purchasing policy, said grand jury shall be required to revise and prepare a purchasing policy that said board must use. Until such time as the first grand jury shall meet in said county, said board may adopt whatever purchasing policy they deem advisable by a majority vote of said board. Section 35. Certain purchases prohibited : The board of commissioners of Bacon County shall not purchase any goods or property from any business in which they are employees, or in which they are directly or indirectly interested, or from any person or partnership of which they are a member, or by whom they are employed, unless by sanction of the majority of the board of commissioners, or unless it be made clearly to appear that the said individual, partnership or owner of the business offers and will sell the goods or property as cheap as or cheaper than it can be bought elsewhere. Section 36. Contracts to be in writing and entered on minutes : All contracts entered into by the board of commissioners of Bacon County and other persons on behalf of said county shall be in writing and entered on the minutes of said board.

Page 2678

Section 37. Mode of contracting in certain cases : Whenever it becomes necessary to build or repair any courthouse, jail, bridge, causeway, or other public works in Bacon County, the board of commissioners of Bacon County shall cause the same to be built or repaired by letting out the contract therefor to the lowest bidder, at public outcry before the courthouse door, after being advertised for letting of said contracts as provided for in section 38 of this Act. Provided, that said board shall have authority to reject any and all bids at such public letting and if in their discretion the public interest and economy require it, said board may build or repair any public buildings, bridges, causeways, or other public property in said county, by contract or sealed proposals. Section 38. What notice shall be given : The board of commissioners of Bacon County shall give notice of the contract to be let in the official organ of said county, once a week for four (4) weeks, and by posting a written notice at the courthouse door for a like time, which notice and advertisement shall embrace such details and specifications as will enable the public to know the extent and character of the work to be done, and the terms and time of payment. The clerk shall make out, and post conspicuously in the office of said board, complete minute specifications of the proposed public work, which shall be open to the inspection of the public. Section 39. Contractors to give bond : Contractors who are awarded contracts shall be required to give bond in double the amount of the bid, with two good and solvent securities, for the faithful performance of the contract, and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time. It shall be unlawful to let out any contract for building and repairing any public building, bridge, or other public work, unless the provisions of the three preceding Sections of this Act are complied with; and any contractor doing, or having done, any work of the kind in any manner shall not be entitled to receive any pay therefor: Provided, that the requirements of these Sections shall not apply to the building or repairing of any public bridge, building, or

Page 2679

other work when the same can be done at less cost than $300.00, but the board of commissioners of Bacon County may have such work of building or repairing done by hiring hands and furnishing materials: Provided, further, that the board of commissioners shall have the power and authority to purchase material for, and use convicts in, building or repairing any public building, bridge, causeway, or other public works in such county, and in such case the three preceding Sections of this Act shall not apply. Where such material is purchased and such work done by convicts, or labor so furnished as aforesaid, the board of commissioners of Bacon County may use the funds of said county arising from taxes levied for such purposes in purchasing said material and in supporting and maintaining the convicts while said work is being done. Section 40. Bonds for public contractors : No contract with the board of commissioners of Bacon County for the doing of any public work shall be valid for any purpose, unless the contractor shall give: (A) A performance bond with good and sufficient surety or sureties payable to, in favor of and for the protection of the board of commissioners of Bacon County for whom the work is to be done. The performance bonds shall be in the amount of at least the total amount payable by the terms of the contract. This bond shall not be required when a bond is required under preceding Section of this Act. (B) A payment bond with good and sufficient surety or sureties, payable to the board of commissioners of Bacon County for the use and protection of all contracts and all persons supplying labor, materials, machinery and equipment and the prosecution of the work provided for in said contract. (C) Provided, however, that this Section shall not apply where the contract price does not exceed $1,000.00. Section 41. Fees and Licenses : The county commissioners shall also have authority to set fees and licenses for

Page 2680

all persons conducting business in Bacon County outside the City of Alma. Section 42. Erection and furnishing of buildings; protection of records : It is the duty of the board of commissioners of Bacon County to erect or repair, when necessary, the courthouse and jail, and all other necessary public buildings, to furnish each with all the furniture necessary for the different rooms, offices, or cells, and to procure a fire-proof safe or safes sufficient to hold at least all the minute books containing records, all judgments, officers' bonds, all recognizances, the bonds of administrators and guardians, and the records of wills and of appraisements and sales, unless the courthouse has a fire-proof vault. Such books and papers, and all others that can be so cared for, shall be placed in such safes or vaults at night or when, the various county officers are absent from their offices. Section 43. How property controlled : The board of commissioners of Bacon County shall have the control of all property belonging to said county, and may by order to be entered on their minutes direct the disposal of any real property which may lawfully be disposed of, and make and execute good and sufficient title thereof on behalf of the county. Section 44. Unserviceable property sold : When any county property shall become unserviceable, it may be sold or otherwise disposed of, by order of the board of commissioners of Bacon County and an entry of the same shall be made in the inventory book, and the money received therefrom shall be paid to the county depositary. Section 45. Public sale of real property; publication of notice : Prior to the sale or disposition of any real property belonging to Bacon County, notice of the contemplated sale or disposition of such property shall be published in the official organ of said county once a week for four weeks. After such publication said property shall be sold at public outcry to the highest bidder for cash in front of the courthouse on the first Tuesday of the month following such publication in the same manner in which sheriff's sales are

Page 2681

held. The provisions of this Section shall not apply to redemption of the property held by said county under a tax deed, a granting of easements, rights-of-way, the sale, conveyance or transfer or road rights-of-way and the sale, transfer or conveyance to any other body politic. This Section shall not apply to any option to sell or dispose of any real property belonging to said county of this State that was granted by said county prior to March 17, 1959. Section 46. Temporary loans authorized; conditions : In addition to obligations otherwise allowed, the board of commissioners of Bacon County is hereby given the authority to make temporary loans between January 1st and December 31st in each year to pay expenses for such year, upon the following conditions: The aggregate amount of all such loans of said county outstanding at any one time shall not exceed seventy five (75%) per cent. of the total gross income of said county from taxes collected by said county in the last preceding year. Such loans shall be payable on or before December 31st of the calendar year in which the loan is made. No loan may be made in any year under the provisions of this Section when there is a loan then unpaid which was made in a prior year under the provisions of this Section. If such loan shall be first authorized by resolution fixing the terms of such loan adopted by a majority vote of the board of commissioners of Bacon County, at a meeting legally held, and such resolution shall appear upon the minutes of such meeting, Bacon County shall not incur in any one calendar year an aggregate of such temporary loans and other contracts or obligations for current expenses, in excess of the total anticipated revenue of said county, for such calendar year, or issue in one calendar year, notes, warrants or other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such year. Section 47. County work on private property : No equipment or county employees shall perform any work on private property except by unanimous vote of board of commissioners. Section 48. Inapplicability of this Act to county board of education : This Act in its entirety shall not be applicable

Page 2682

to the Bacon County Board of Education except that the Bacon County Board of Education shall submit annually a copy of its audit to: (A) The spring grand jury. (B) The clerk of the superior court for public inspection. (C) The board of county commissioners. Section 49. Review of legislation by judge : The judge of the superior court of Bacon County, Georgia, on the first day of the commencement of court during a May term of the superior court which is held immediately after any county commissioner is elected shall read and review all the provisions of this legislation and all amendments thereto to all county officers. Section 50. Effective date : The effective date of this Act shall be January 1, 1965. Section 51. Specific laws repealed : An Act of the General Assembly establishing a board of seven (7) commissioners approved August 20, 1927 (Ga. L. 1927, p. 488), an Act approved March 12, 1937 (Ga. L. 1937, p. 1237), an Act approved January 26, 1950 (Ga. L. 1950, p. 2672), an Act approved February 21, 1951 (Ga. L. 1951, p. 3183), and an Act approved March 13, 1957 (Ga. L. 1957, p. 2870), are hereby repealed. Section 52. Severability : In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Page 2683

Section 53. Conflicting laws repealed : 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 1963 session of the General Assembly of Georgia, a bill to provide for a board of commissioners of roads and revenues for Bacon County; to prescribe provisions relating to the administration of the affaris of Bacon County; to provide for all matters relative to the above; to repeal all existing laws applicable to the existing Bacon County Commissioners of Roads and Revenues, and for other purposes. This the 3rd day of January, 1963. H. Dorsey Deen, Representative, Bacon County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Dorsey Deen, who, on oath, deposes and says that he is Representative from Bacon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Alma Times, which is the official organ of said county, on the following dates: January 17, 24, and 31, 1963. /s/ H. Dorsey Deen Representative, Bacon County Sworn to and subscribed before me, this 12th day of February, 1963. /s/ Kathryn Rule Notary Public. (Seal). Approved April 2, 1963.

Page 2684

CITY OF COLLEGE PARKSALARIES OF MAYOR AND COUNCILMEN. No. 207 (House Bill No. 261). An Act to amend an Act establishing a new charter for the City of College Park, 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 the State of Georgia, and it is hereby enacted by the 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. The provisions of said Act as amended, particularly by section 3 of the amendatory act approved February 26, 1941 (Ga. L. 1941, p. 1270) and as further amended by the amendatory act approved March 6, 1956 (Ga. L. 1956, p. 2922) are hereby further amended by striking section 1 of said amendatory act approved March 6, 1956, and substituting in lieu thereof the following provision: The salary of the mayor of the City of College Park shall be three thousand six hundred ($3,600.00) dollars per annum, payable monthly in equal installments; the salary of each councilman shall be two thousand four hundred ($2,400.00) dollars per annum, payable monthly in equal installments; said salaries to be payable beginning with the first day of the calendar month next succeeding the date of the passage and approval of this Act. Section 2. All laws and parts of laws in conflict with this Act be and the same 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

Page 2685

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, 1962, and on the 2nd day of January, 1963, as provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 16th day of January, 1963. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1963. (Seal). Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the session of the General Assembly of Georgia convening in January, 1963, 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 14th day of December, 1962. City of College Park, By: Griffin Patrick, Jr. City Attorney 2705 Church Street, East Point, Georgia Approved April 2, 1963.

Page 2686

CITY OF THOMASTONMAYOR AND COUNCILMEN. No. 208 (House Bill No. 274). An Act to amend an Act creating a new charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, pp. 1070 et seq.) as amended, so as to provide for the election of five (5) members of the council of the City of Thomaston, their terms of office and installation; for the filling of a vacancy in the office of councilman; the election of a mayor of the City of Thomaston, his term of office and installation; the filling of a vacancy in the office of mayor; to preserve the respective terms of the present mayor and council 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, 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 mayor and five (5) councilmen whose qualification 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 until their successors have been elected and qualified. An election shall be held at the courthouse or at such other place or places in said city as the city council may hereafter designate, on the second Monday in December, annually. On the second Monday in December, 1963, and every two (2) years thereafter,

Page 2687

a mayor and two (2) 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, 1964, 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. Terms of 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 mayor or 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 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 weeks prior to said election in the newspapers in which sheriff's advertisements for Upson County are published. Vacancies. 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:

Page 2688

Section 12. Be it further enacted, the mayor and councilmen elected on the second Monday in December, 1963, shall, on the first day of January, 1964, be installed in office by taking and subscribing 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 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 interest thereof.' And on the first day of 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 the first day of January falls on Sunday, or any such officer fail to be installed on that day, such installation shall take place as soon thereafter as practicable. Oaths. Section 4. All laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Copy of Notice. Notice is hereby given that there will be introduced at the January, 1963 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, pp. 1070 et seq.) as amended so as to provide for the election of five (5) members of the council of the City of Thomaston, their terms of office and installation; for the filling of a vacancy in the office of councilman; the election of a Mayor of the City of Thomaston, his term of office and installation; the filling of a vacancy in the office of mayor; to preserve the respective terms of the present mayor and council of said city; to repeal conflicting laws; and for other purposes.

Page 2689

This 17th day of December, 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, 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 20, 1962, December 27, 1962, and January 3, 1963. Thomaston Publishing Company By: Leon Smith Sworn to and subscribed before me, this 19th day of January, 1963: /s/ Dickson Adams Notary Public, Upson County, Georgia. My Commission expires April 10, 1966. (Seal). Approved April 2, 1963.

Page 2690

CITY OF THOMASTONCORPORATE LIMITS. No. 209 (House Bill No. 275). An Act to amend an Act creating a new charter for the City of Thomaston, approved March 15, 1933, (Ga. L. 1933, pp. 1070 et seq.) as amended, to change and extend the present corporate limits of said city and to describe new territory to become a part of the City of Thomaston; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Act of the General Assembly of Georgia, approved March 15, 1933, (Ga. L. 1933, pp. 1070 et seq.) entitled An Act to amend, consolidate, and supersede the several Acts incorporating the City of Thomaston in the County of Upson, State of Georgia, to create a new charter and municipal government of said city; to define the corporate limits of said city, etc. as amended, be, and the same is hereby, amended by adding to section four of said Act, defining the corporate limits of said city, additional paragraphs as a part of said Section four of said Act to read as follows: The following described territory which is contiguous to the existing limits of the City of Thomaston, shall be a part of said City of Thomaston and included in its corporate limits: A. All of that certain tract or parcel of land lying and being adjacent and contiguous to the original corporate limits of the City of Thomaston, Georgia (which original corporate limits is a three-fourths mile radius from the center of the courthouse in Thomaston, Georgia), and which tract or parcel of land is known as the A. V. Barron Place and better described as follows: Bounded on the north and west by the city limit line of the City of Thomaston as established by ordinance no. 392 of the City of Thomaston, Georgia, adopted by the city council of said City of Thomaston and approved by the mayor of said City of Thomaston

Page 2691

on July 13, 1962, bounded on the east by the aforesaid original corporate limits of said City of Thomaston and bounded on the south by the city limits of the City of Thomaston, Georgia, as established by section 1, paragraph A of the Acts of the General Assembly of Georgia amending the charter of the City of Thomaston, Georgia, approved March 21, 1958 (Ga. L. 1958, pp. 2879 through 2890), which city limits is also the north property line of the Redskin Farms. Also, all that certain strip or parcel of land lying and being adjacent and contiguous to the existing corporate limits of the City of Thomaston, Georgia, being known as the driveway property of A. V. Barron, bounded as follows: On the north by West Main Street, on the east by the residence property of W. C. Powers, on the south by the residence property of A. V. Barron, and on the west by the residence property of William Gordon Mitcham. B. All that certain tract of land, lying south of and adjacent to the corporate limits of the City of Thomaston, in land lot no. 225 of the 10th land district of Upson County, Georgia, known and designated as a portion of the residence property of Boyce Piper and Mrs. Nina B. Piper, on the northwest side of South Green Street, and more particularly described as follows (reference being made to plat of Avalon in the Pines Extension of Thomaston City Limits, prepared by J. Burruss Smith, surveyor, dated May 17, 1947, said plat being on file in the office of the city clerk of the City of Thomaston, Georgia): Beginning at a point on the northwest side of South Green Street, which point is the southern-most corner of lot no. 22, in block C, of Avalon in the Pines Subdivision, and which point is on the existing corporate limits of the City of Thomaston, and running thence north 57 degrees 15 minutes west along the southwest side of said lot no. 22 and along the existing corporate limits of said city a distance of 150 feet; thence south 32 degrees 45 minutes west along the southeast side of lot no. 2 in said block C of said subdivision and along the existing corporate limits of said city a distance of 50 feet; thence south 57 degrees 15 minutes east along the northeast side of lot no. 20 in said block C of said subdivision and along

Page 2692

the existing corporate limits of said city a distance of 150 feet to the northwest right of way line of South Green Street; and thence northeasterly along the northwest right of way line of South Green Street a distance of 50 feet to the point of beginning. The area here described is known as lot no. 21, in block C, of Avalon in the Pines Subdivision. C. All that certain tract of land, lying south of and adjacent to the corporate limits of the City of Thomaston, in land lot no. 225 of the 10th land District of Upson County, Georgia, known and designated as the residence property of W. M. Hambrick and the vacant lot owned by J. Ed Bell, on the northwest side of South Green Street, and more particularly described as follows (reference being made to plat of Avalon in the Pines Extension of Thomaston City Limits, prepared by J. Burruss Smith, surveyor, dated May 17, 1947, and to plat of 36.20 acres included within the corporate limits of the City of Thomaston, prepared by J. Burruss Smith and J. H. Smith, surveyors, dated November 11, 1952, both said plats being on file in the office of the city clerk of said City of Thomaston, Georgia): Beginning at a point on the northwest right of way line of South Green Street, which point is the southernmost corner of the residence lot of Mrs. Vada M[UNK]ae Trice, and which point is on the existing corporate limits of the City of Thomaston, and running thence north 33 degrees 54 minutes west along said Mrs. Trice residence lot and along the existing corporate limits of said city a distance of 150 feet to the residence property of J. Ed Bell; thence south 49 degrees 20 minutes west along said residence tract of J. Ed Bell and along the existing corporate limits of said city a distance of 99.5 feet to the east side of a 10 foot alley extending along the east boundary of the residence property of Frank Dunaway; thence south 1 degree 14 minutes east along the east side of said alley and along the existing corporate limits of the City of Thomaston a distance of 131.6 feet to the northwest side of South Green Street; and thence northeasterly along the northwest right of way line of South Green Street, and following the curve of same, a distance of 180 feet to the point of beginning.

Page 2693

Section 2. All laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Copy of Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1963 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 et seq.) as amended, so as to change and extend the corporate limits of said city and for other purposes. This 17th day of December, 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, 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 20, 1962, December 27, 1962, and January 3, 1963. Thomaston Publishing Company By: Leon Smith

Page 2694

Sworn to and subscribed before me, this 19th day of January, 1963. /s/ Dickson Adams Notary Public, Upson County, Georgia. My Commission expires April 10, 1966. (Seal). Approved April 2, 1963. CITY COURT OF BRUNSWICKSALARIES. No. 210 (House Bill No. 276). 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 change the compensation of the solicitor, clerk, chief deputy clerk, and deputy clerks of the city court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating 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 section 7 in its entirety and inserting in lieu thereof a new section 7 to read as follows: Section 7. The said solicitor shall receive a salary in the amount of $4,800.00 per annum, which shall be paid monthly out of the treasury of the County of Glynn. Solicitor. Section 2. Said Act is further amended by striking 11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. The clerk of said court shall be paid a salary in the amount of $6,600.00 per annum. The chief

Page 2695

deputy clerk shall be paid a salary in the amount of $4,800.00 per annum. There shall be two (2) other deputy clerks, and the deputy clerk with the longer period of service shall be paid a salary of $4,050.00 per annum and the deputy clerk with the shorter period of service shall be paid a salary of $3,900.00 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 must 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. All such fees and costs shall be paid over to the treasury of Glynn County. Clerk, sheriff, etc. Section 3. This Act shall become effective July 1, 1963. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1963 session of the General Assembly of Georgia, a bill to change the compensation of the solicitor, clerk, chief deputy clerk and deputy clerks of the City Court of Brunswick; and for other purposes.

Page 2696

This 18th day of January, 1963. John M. Gayner III Senator, 5th District William R. Killian Representative, Glynn County Joe Isenberg Representative, Glynn County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William R. Killian and Joe Isenberg, 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. 19, 1963; Jan. 21, 1963; Jan. 30, 1963. /s/ William R. Killian /s/ Joe Insenberg Representatives, Glynn County Sworn to and subscribed before me, this 13th day of Feb. 1963. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission expires Oct. 19, 1964. (Seal). Approved April 2, 1963.

Page 2697

CITY COURT OF OGLETHORPEJUDGE'S SALARY. No. 211 (House Bill No. 273). An Act to amend an Act establishing a City Court of Oglethorpe in the County of Macon, and for other purposes, approved August 22, 1907 (Ga. L. 1907, p. 215), as amended, more particularly as amended by an Act approved August 14, 1908 (Ga. L. 1908, p. 203), an Act approved August 18, 1913 (Ga. L. 1913, p. 277), and an Act approved December 12, 1953 (Ga. L. 1953, p. 2498) so as to increase the salary of the judge of the city court from twenty four hundred dollars ($2400.00) per annum to thirty six hundred dollars ($3600.00) per annum, payable monthly; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act establishing a City Court of Oglethorpe in the County of Macon, approved August 22, 1907 (Ga. L. 1907, p. 215), as amended, more particularly as amended by an Act approved August 14, 1908 (Ga. L. 1908, p. 203), an Act approved August 18, 1913 (Ga. L. 1913, p. 277), and an Act approved December 12, 1953 (Ga. L. 1953, p. 2498), is hereby amended by striking from section 4 of said Act, as amended, the words of twenty four hundred dollars ($2400.00), in the last sentence thereof, and by substituting in lieu thereof thirty six hundred dollars ($3600.00), so that said section, when so amended, shall read as follows: Be it further enacted, that there shall be a judge of said City Court of Oglethorpe who shall be chosen and commissioned in the following manner. There shall be held a special election in Macon County on the first Wednesday in October, 1907, at which a judge of said city court shall be elected by the qualified voters of said county; said election to be held under the same rules and regulations as election for members for the General Assembly are held, the returns of said election to be made to the Governor who shall issue a commission to the person elected as such judge at said election;

Page 2698

said person so elected to be so commissioned for and to hold said office under such commission until the first day of January 1909, and until his successor is elected and qualified; all the laws now of force in this State with reference to the registration and qualification of voters for said election shall apply to the said election as they apply to the other special elections. At the next regular election for county officers or said County of Macon to be held on the first Wednesday in October 1908, there shall be elected a judge of said city court for a term of four years from said first day of January 1909, and until his successor is elected and qualified, and thereafter the term of office of said judge shall be four years and he shall be elected by the qualified voters of Macon County at the same time and in the same manner as other county officers by said County of Macon are elected; and he shall be commissioned by the Governor as such other officers are commissioned, except that he shall be so commissioned for a term of four years instead of two. In case of vacancy in said office of city court judge from death, resignation, removal, or otherwise, the Governor shall fill said vacancy by appointment of some fit and proper person to hold said office for the unexpired term. The judge of said City Court of Oglethorpe shall receive a salary of thirty six hundred dollars ($3600.00) per annum which shall be paid monthly out of the treasury of said County of Macon. 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 1963 session of the General Assembly of Georgia a bill increasing the salary of the Judge of the City Court of Oglethorpe from $2400.00 per year to $3600.00 per year, and for other purposes. This 19th day of January, 1963. /s/ J. Paul Sinclair Representative, Macon County

Page 2699

To Whom it may Concern: This is to certify that Notice of Intention to Introduce Local Legislation increasing the salary of the Judge of the City Court of Oglethorpe, from $2400.00 per year to $3600.00 per year, was published for three weeks: January 24th, January 31st, and February 7th, 1963, in the Citizen and Georgian, official organ of Macon County. /s/ J. C. Cox, Publisher Sworn to and subscribed before me this 8th day of February, 1963. /s/ Caroline McLane Notary Public, Georgia, State at Large. My Commission expires Sept. 9, 1964. (Seal). Approved April 2, 1963. GLYNN COUNTYCOMPENSATION OF CORONER. No. 212 (House Bill No. 277). An Act to amend an Act establishing a salary system for the coroner of Glynn County, approved March 6, 1961 (Ga. L. 1961, p. 2188), so as to change the compensation of the coroner; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a salary system for the Coroner of Glynn County, approved March 6, 1961 (Ga. L. 1961, p. 2188), is hereby amended by striking from section 1 the words and figures one hundred (100.00) and inserting in lieu thereof the words and figures one hundred twenty-five (125.00), so that when so amended section 1 shall read as follows:

Page 2700

Section 1. In lieu of all fees, costs, perquisites, and emoluments of whatever kind and nature now or hereafter allowed by law to coroners for service as such, the coroner of Glynn County is hereby placed on a salary of one hundred twenty-five ($125.00) dollars per month, said salary to be paid out of the funds of Glynn County. Section 2. This Act shall become effective July 1, 1963. 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 1963 session of the General Assembly of Georgia, a bill to change the compensation of the coroner of Glynn County, and for other purposes. This 18th day of January, 1963. John M. Gayner III Senator, 5th District William R. Killian Representative, Glynn County Joe Isenberg Representative, Glynn County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William R. Killian and Joe Isenberg, 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. 19, 1963; Jan. 21, 1963; Jan. 29, 1963. /s/ William R. Killian /s/ Joe Isenberg Representatives, Glynn County

Page 2701

Sworn to and subscribed before me this 13 day of Feb., 1963. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission expires Oct. 19, 1964. (Seal). Approved April 2, 1963. CITY OF CHAMBLEESANITARY TAX. No. 213 (House Bill No. 278). An Act to amend an Act approved March 28, 1935 (Ga. L. of 1935, pages 976 to 994, inclusive) creating a new charter for the City of Chamblee, and to amend all Acts amendatory of said Act, including the Act approved March 7, 1957 (Ga. L. of 1957, pages 2677 to 2681, inclusive), so as to authorize the mayor and council of the said municipality to increase and change the sanitary taxes now authorized to be levied, and to vary the rate of such taxes from time to time; and for other purposes. Be it enacted by authority of the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act creating a new charter for the City of Chamblee, in DeKalb County, approved March 28, 1935 (Ga. L. of 1935, pp. 976 to 994, inclusive), and all Acts amendatory thereof, especially the Act approved March 7, 1957 (Ga. L. 1957, pp. 2677 to 2681, inclusive), be, and the same are hereby amended as follows: Section 1. That section 15 of Article 1 of said Act of 1935 (Ga. L. of 1935, pp. 976 to 994), as amended, is amended by this Act by striking therefrom the following: Said municipality shall have authority to levy a sanitary tax against each owner of each parcel of improved real property within its limits which is improved with a dwelling

Page 2702

or business structure, such tax not to exceed nine ($9.00) dollars per annum for each dwelling, or separate unit occupied as a dwelling, and not to exceed twelve ($12.00) dollars per annum for each business place, or each unit occupied separately as a place of business, and inserting in lieu of said stricken portion the following: Said municipality shall have authority to levy a sanitary tax against each owner of each parcel of improved real property within its corporate limits which is improved with either a dwelling or a business structure, such tax not to exceed fifteen ($15.00) dollars per annum for each dwelling, or each separate unit occupied as a dwelling, and not to exceed fifteen ($15.00) dollars per annum for each business place, or each unit occupied separately as a place of business. The mayor and council may vary, change, alter, lower or raise the sanitary taxes from year to year, but not to exceed the limitations herein prescribed, so that said section, when so amended, shall read as follows: Section 15. Said municipality shall have the power to construct, repair, and maintain sewers, drains and disposal plants as shall be necessary for proper sanitation, to collect and dispose of garbage and refuse matter, and to contract for, license and regulate the collection and disposal of garbage and refuse matter. Said municipality shall have power to pass all reasonable bylaws, ordinances and resolutions regulating said matters or in anywise appertaining thereto; said municipality shall have authority to levy a sanitary tax against each owner of each parcel of improved real property within its corporate limits which is improved with either a dwelling or a business structure, such tax not to exceed fifteen ($15.00) dollars per annum for each dwelling, or each separate unit occupied as a dwelling, and not to exceed fifteen ($15.00) dollars per annum for each business place, or each unit occupied separately as a place of business. The mayor and council may vary, change, alter, lower or raise the sanitary taxes from year to year, but not to exceed the limitations herein prescribed. Section 2. Following passage and approval of this Act, it shall be the duty of the governing body of the City of

Page 2703

Chamblee to exercise a sound and legal discretion in determining and levying sanitary taxes pursuant to and in conformity with the city charter as amended by this Act, and in conformity to general laws and the Constitution of this State. Intent. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Section 4. Be it further enacted by the authority aforesaid, and it is so enacted, that there is attached hereto and made a part of this Act, the published notice of intention to apply for local legislation relating to the matters mentioned in this Act, together with proof of publication of the same, which is also made a part hereof, and it is declared and enacted that the same are in full compliance with the laws and Constitution of this State. Georgia, DeKalb County. Personally before me, an officer authorized by law to administer oaths, appeared W. H. McWhorter who on oath says that he is managing editor of the New Era Publishing Company, a corporation which publishes the DeKalb New Era, a newspaper published in the City of Decatur, in DeKalb County, Georgia, and that said newspaper is one of general circulation in said county, and is the official organ of DeKalb County, and is the newspaper in which sheriff's advertisements are published in said county, and was such at the time the publications herein referred to were made. He further says that he is authorized to make this affidavit and certificate on behalf of said publisher. He further says that the legal notice, a true copy of which is set out herein and made a part hereof, and attached hereto, being notice of intention to apply for local legislation, was duly published in said newspaper once a week for three weeks as required by law, said dates of publication being January 24, 31, and February 7, 1963. /s/ W. H. McWhorter

Page 2704

Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Chamblee will, upon completion of publication of this notice, apply to the General Assembly of Georgia at the 1963 session then meeting, for legislation amending an Act which created a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 976 to 994, inclusive), and to amend all Acts amendatory thereof, so as to authorize the mayor and council of the said municipality to increase and change the sanitary taxes now authorized, and to vary the rate of such taxes from time to time; and for other purposes. This the 17th day of January, 1963. W. B. Malone, Mayor, City of Chamblee Carl T. Hudgins, Atty. Sworn to and subscribed before me February 9, 1963. /s/ Carl T. Hudgins Notary Public, DeKalb County, Ga. (Seal). Approved April 2, 1963. NEWTON COUNTYSHERIFF PLACED ON SALARY BASIS. No. 218 (House Bill No. 284). An Act to place the sheriff of the Superior Court of Newton County on a salary in lieu of the fee system of compensation; to provide for employees of the sheriff's office and their salaries; to provide for the equipping and supplying of the sheriff's office; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Page 2705

Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the sheriff of the Superior Court of Newton County is hereby placed on a salary basis in lieu of a fee basis. The sheriff shall be compensated in the amount of nine thousand ($9,000) dollars per annum, to be paid in equal monthly installments from the funds of Newton County. Such compensation shall be paid in lieu of all fees, costs, fines, emoluments and perquisites of whatever kind heretofore received by the sheriff for his services as such. All fees, costs, fines, emoluments and other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by the sheriff shall be collected by him for the sole use of Newton County and shall be the property of Newton County. Such funds shall be held as public funds belonging to Newton County, and shall be accounted for and paid to the fiscal authority of Newton County by the 15th day of every month for the immediately preceding month. Salary, etc. Section 2. The sheriff shall be authorized to hire or appoint one (1) chief deputy to assist him in the performance of his duties; and the chief deputy shall be compensated from the funds of Newton County in the sum of four hundred ($400) dollars per month. The sheriff shall also be furnished a deputy-jailor, who shall be compensated in the sum of three hundred and thirty ($330) dollars per month from county funds. Chief deputy, jailor. Section 3. The county governing authority of Newton County shall furnish all supplies and equipment necessary for the proper functioning of the sheriff's office and shall bear the cost of maintaining and operating said office. In addition thereto, the sheriff shall be furnished two (2) automobiles, and the cost of maintaining and operating said vehicles shall be borne by Newton County. Equipment. Section 4. The provisions of this Act shall become effective April 1, 1963. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2706

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1963 session of the General Assembly of Georgia, a bill to place the sheriff of the Superior Court of Newton County on a salary in lieu of the fee system of compensation, to provide for employees and their salaries; to provide for the equipping and supplying of said office; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 12th day of January, 1963. W. D. Ballard Representative, Newton County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Ballard, who, on oath, deposes and says that he is Representative from Newton County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News, which is the official organ of said county, on the following dates: Jan. 24, 31 Feb. 7, 1963. /s/ W. D. Ballard Representative, Newton County Sworn to and subscribed before me this 13th day of February, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My commission expires Mar. 17, 1964. (Seal). Approved March 30, 1963.

Page 2707

NEWTON COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 219 (House Bill No. 285). An Act to consolidate the offices of tax receiver and tax collector of Newton County into the office of tax commissioner of Newton County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for the term of office; to provide for the method of filling vacancies; to make provisions relative to taxes and tax fi fas; to provide for compensation; to provide for personnel and their compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The offices of tax receiver and tax collector of Newton County are hereby consolidated and combined into the one office of tax commissioner of Newton County. The rights, duties and liabilities of said office of tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State. Office created. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election for other county officers of Newton County is held in 1964, and the person so elected shall have office on January 1, 1965, for a term of four years and until his successor is elected and qualified. All future elections for tax commissioner shall likewise be held at the same time as elections for other county officers, and all future tax commissioners shall likewise have a term of office of four years and until their successors are elected and qualified. Nothing herein shall affect the term of office of the present tax collector and tax receiver of Newton County and the terms of such tax collector and tax receiver shall continue through December 31, 1964. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled as vacancies are filled in the office of tax collector. Term, etc.

Page 2708

Section 3. All taxes due and payable Newton County at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi fas theretofore issued shall have full force and effect and be collectible as issued. Taxes due. Section 4. The tax commissioner shall be compensated for his services as such by the fees from those sources presently received by the tax collector of Newton County and the laws relating to tax collectors as are now or may hereafter be provided for. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received by the office of the tax receiver of Newton County shall be received and collected by the tax commissioner herein created and shall be held by him as public funds belonging to Newton County. Once each month the tax commissioner shall turn over to the fiscal authority of said county said funds with a detailed itemized statement showing the sources from which such funds were collected. Compensation. Section 5. The tax commissioner shall appoint a deputy to assist him in the performance of his duties, such deputy shall be compensated in the amount of twelve hundred ($1,200.) dollars to be paid in equal monthly installments during the first six (6) months of each calendar year from the funds of Newton County. Deputy. Section 6. The tax commissioner, before entering upon the duties of his office, shall take the oath prescribed for the tax collector and shall give bond as is provided by law. Oath and bond. Section 7. 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 1963 session of the General Assembly of Georgia, a bill to abolish the offices of the tax receiver and tax collector of Newton County and combine the functions of said offices under the tax commissioner of Newton County; to provide for the tax commissioner of Newton County; to provide for his compensation; to provide for assistants and

Page 2709

their compensation; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. This 12th day of January, 1963. W. D. Ballard Representative, Newton County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Ballard, who, on oath, deposes and says that he is Representative from Newton County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News, which is the official organ of said county, on the following dates: Jan. 24, 31, Feb. 7, 1963. /s/ W. D. Ballard Representative, Newton County Sworn to and subscribed before me this 13th day of February, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My commission expires Mar. 17, 1964. (Seal). Approved April 2, 1963.

Page 2710

CHEROKEE COUNTYACT PLACING OFFICERS ON SALARY BASIS AMENDED. No. 220 (House Bill No. 286). An Act to amend an Act establishing a salary system for the sheriff, the clerk of the superior court, the tax commissioner and ordinary of Cherokee County, approved March 9, 1959 (Ga. L. 1959, p. 2494), as amended, by an Act approved April 5, 1961 (Ga. L. 1961, p. 3124), so as to authorize two additional deputies for the sheriff's office; to change the compensation of the office clerk in the sheriff's office; to change the compensation of the clerical assistant of the clerk of the superior court; to provide that clerical assistant may become deputy clerk; to fix the compensation of all clerical employees; to prescribe the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a salary system for the sheriff, the clerk of the superior court, the tax commissioner and ordinary of Cherokee County, approved March 9, 1959 (Ga. L. 1959, p. 2494), as amended, by an Act approved April 5, 1961 (Ga. L. 1961, p. 3124), 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 sheriff of Cherokee County shall be compensated in the amount of eight thousand ($8,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Cherokee County. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the sheriff, provided that the sheriff shall still receive the seizure fees and the two thousand ($2,000.00) dollars for extra help. The sheriff shall appoint four (4) deputies, one who shall be compensated in the amount of four thousand five hundred ($4,500.00) dollars per annum, one who shall be compensated in the amount of four thousand ($4,000.00) dollars per annum and two who shall receive three thousand six hundred ($3,600.00) dollars

Page 2711

each per annum all to be paid in equal monthly installments from the funds of Cherokee County. The sheriff shall also appoint one office clerk who shall be compensated in the amount of two thousand nine hundred ($2,900.00) dollars per annum, to be paid in equal monthly installments from the funds of Cherokee County. The maximum salary shall be three thousand two hundred ($3,200.00) dollars per annum and said office clerk must complete one full year of satisfactory employment before being eligible, in the discretion of the sheriff, for maximum salary. Three automobiles shall be furnished the sheriff's office and said automobiles and equipment, maintenance and operating expenses therefor shall be paid from the funds of Cherokee County. Said automobiles shall be traded at seventy five thousand (75,000) miles or every two years whichever occurs first. The sheriff shall receive from county funds, for each prisoner confined in the common jail, one and one-half ($1.50) dollars per day to feed said prisoner. Sheriff. Section 2. Said Act is further amended by striking the words and figures twenty seven hundred (2,700) and inserting in lieu thereof the words and figures twenty nine hundred (2,900.00) and by adding at the end thereof: Provided, however, that the maximum salary for the clerical assistant shall be three thousand two hundred ($3,200.00) dollars per annum and that said clerical assistant must complete one full year of satisfactory employment before being eligible, in the discretion of the clerk, for maximum salary. When said clerical assistant accumulates the time and acquires the knowledge necessary for promotion, the clerk may increase the salary of said clerical assistant to the maximum, in his discretion, and said clerical assistant shall automatically become a deputy clerk and be bonded as provided by law., Clerical help for clerk of superior court. so that when so amended section 3 shall read as follows: Section 3. The clerk of the superior court shall be compensated in the amount of eight thousand ($8,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Cherokee County. Such compensation

Page 2712

shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the clerk of the superior court. The clerk shall appoint one deputy, who shall be compensated in the amount of three thousand two hundred ($3,200.00) dollars per annum, to be paid in equal monthly installments from the funds of Cherokee County. The clerk shall appoint one clerical assistant, who shall be compensated in the amount of two thousand nine hundred ($2,900.00) dollars per annum, to be paid in equal monthly installments from the funds of Cherokee County. Provided, however, that the maximum salary for the clerical assistant shall be three thousand two hundred ($3,200.00) dollars per annum and that said clerical assistant must complete one full year of satisfactory employment before being eligible, in the discretion of the clerk, for maximum salary. When said clerical assistant accumulates the time and acquires the knowledge necessary for promotion, the clerk may increase the salary of said clerical assistant to the maximum, in his discretion, and said clerical assistant shall automatically become a deputy clerk and be bonded as provided by law. 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 the undersigned will introduce in the 1963 session of the Georgia General Assembly a bill to provide a maximum and minimum salary for clerks, employees, and deputies in the offices of county sheriff and clerk of the superior court, and providing for additional deputy sheriffs, and providing for their salary, and to provide for the purchasing and maintenance of automobiles for the sheriff's office. Dr. Jack Fincher, Senator Marion T. Pope, Jr. Dr. Grady N. Coker Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 2713

duly authorized to administer oaths, Marion T. Pope, Jr. and Dr. Grady N. Coker, who, on oath, depose and say that they are Representatives from Cherokee County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia Tribune, Canton, Ga., which is the official organ of said county, on the following dates: January 24, January 31, and February 7th, 1963. /s/ Marion T. Pope, Jr. /s/ Grady N. Coker Representatives, Cherokee County Sworn to and subscribed before me this 13th day of February, 1963. /s/ Kathryn Rule Notary Public (Seal). Approved April 2, 1963. CITY OF LaFAYETTEEMINENT DOMAIN, PARKS. No. 222 (House Bill No. 606). An Act to amend an Act incorporating the City of LaFayette in the County of Walker, approved August 17, 1914 (Ga. L. 1914, p. 936), as amended, so as to provide for the power of eminent domain; 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 LaFayette in the County of Walker, approved August 17, 1914 (Ga. L. 1914, p. 936), as amended, is hereby amended by striking section 22 in its entirety and inserting in lieu thereof a new section 22 to read as follows:

Page 2714

Section 22. The mayor and city council shall have the power of eminent domain for any and all purposes which benefit the City of LaFayette. Eminent domain. Section 2. Said Act is further amended by adding to section 63 following the word purchase and the words eminent domain, so that when so amended, section 63 shall read as follows: Section 63. Be it further enacted, That the mayor and council shall have power and authority, in their discretion, to acquire by gift, purchase, eminent domain, or otherwise, on behalf of the City of LaFayette, land or ground suitable for a park or parks for the use of the public and as may be, in their judgment, for the health, interest and welfare of the citizens of said City. They shall have the power and authority to improve, beautify and keep up the same, and to that end make appropriations therefor, and to provide such officers or employees as may be necessary to care for, protect and keep the same in order. They shall have power and authority to provide such rules, regulations and ordinances for the government of the same and of the public who frequent them, as they may deem wise and necessary. Parks. 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 1963 session of the General Assembly of Georgia, a bill to amend the charter of the City of LaFayette, Georgia, as enacted by Georgia Laws 1914, pages 936 et seq., and any Acts amendatory thereof, to provide for the acquisition of real property by the exercise of the right of eminent domain by the City of LaFayette, Georgia, for public use; to repeal all laws in conflict therewith, and for other purposes. This 12th day of February, 1963. H. C. Derrick, Jr., Mayor

Page 2715

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, who, on oath, deposes and says that he is Representative from Walker County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger, LaFayette, Ga., which is the official organ of said county, on the following dates: Feb. 13, 20, 27, 1963. /s/ Wayne Snow, Jr. Representative, Walker County Sworn to and subscribed before me this 5th day of March, 1963. /s/ Kathryn Rule Notary Public Commission expires 1-30-65. (Seal). Approved April 2, 1963. ACT CREATING SMALL CLAIMS COURTS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 34,225 AND NOT MORE THAN 34,500 PERSONS AMENDED. No. 223 (House Bill No. 302). 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), an Act approved March 7, 1961 (Ga. L. 1961, p. 3215), and an Act approved February 27, 1962 (Ga. L. 1962, p. 2425), so as to provide for a change in the procedure and practice in garnishments, in issuing execution from said court, and in trial of claim cases and illegalities instituted

Page 2716

by third parties; to fix, clarify and make certain provisions as to cost in certain cases; to provide for punishment for contempt of court; 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), an Act approved March 7, 1961 (Ga. L. 1961, p. 3215), and an Act approved February 27, 1962 (Ga. L. 1962, p. 2425), is hereby amended by striking in their entirety subsections (a) and (b) of section 6 and substituting in lieu thereof two new subsections to be numbered (a) and (b), respectively, which shall read as follows: (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. Process. (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from 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, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to sender by U. S. Postal Authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a U. S. Post Office employee or U. S. Mail Carrier to whom refusal was made, then the clerk or

Page 2717

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 2. Said Act is further amended by striking section 8 in its entirety and inserting in lieu thereof 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 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 summonsing 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 3. Said Act is further amended by adding a new section between sections 10 and 11 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 attachement or 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 filed his claim affidavit) makes written demand for a jury trial, the issues raised by

Page 2718

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 (5) 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 summonsing 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. Claims. Section 4. Said Act is further amended by adding a new section between sections 11 and 12 to be designated section 11 (a) and 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. Judgments. Section 5. Said Act is further amended by adding two (2) new sections between sections 12 (a) and 13 to be designated as section 12 (b) and 12 (c), respectively, 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 (10) 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

Page 2719

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. Garnishments. 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 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; provided, further, it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by U. S. Postal authorities marked refused, giving the date of refusal and be signed or initialed by a U. S. Post Office employee or U. S. Mail Carrier to whom refusal was made. 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 attachement, as the case may be. Section 6. Said Act is further amended by adding two (2) new sections between sections 13 and 14 to be known as section 13 (a) and section 13 (b), respectively, and to read as follows: Section 13 (a). Unless otherwise demanded, such juries shall consist of six (6) persons chosen from twelve (12) veniremen, the plaintiff and defendant having three (3) strikes each. Juries. Section 13 (b). The judge of the Small Claims Court shall have power to impose fines of not more than ten

Page 2720

($10.00) dollars or imprison for not longer than twenty-four (24) hours any person guilty of a contempt of court, such fines to be paid into the county treasury or depository for county purposes. Section 7. Said Act is further amended by adding two (2) new sections between sections 19 and 20 to be known as section 19 (a) and section 19 (b), respectively, and to read 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. Quarters, etc. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1963. VOTER REGISTRATION IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 49,200 AND NOT MORE THAN 49,300. No. 227 (House Bill No. 328). An Act to provide a method for the registration of voters and their examination in certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties having a population of not more than 49,300 and not less than 49,200 according to the last or any future United States Census, the board of registrars may authorize one or more deputies to the board of registrars to notify applicants when and where to appear for an examination. Said board may also authorize such deputy or deputies to subject any applicant to either of the

Page 2721

examinations provided for by this law and to report the results thereof to the board of registrars. Said board shall approve or disapprove the application based on said report and immediately thereafter notify said applicant. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 2, 1963. TOWN OF FORT OGLETHORPEMAYOR AND ALDERMEN. No. 230 (House Bill No. 570). An Act to amend an Act approved February 17, 1949, and published in Georgia Laws for 1949, at page 703, as amended by adding to section 5 of said Act, as amended, provision for qualifying as a candidate for mayor and alderman of the Town of Fort Oglethorpe on or before 5:00 p.m., 15 days prior to the election; to provide for registration as a voter in the Town of Fort Oglethorpe on or before 5:00 p.m., 15 days before the date of the election; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved February 17, 1949, creating and incorporating the Town of Fort Oglethorpe, Georgia (Ga. L. 1949, p. 703) be and the same is hereby amended by adding to line 8 of the first paragraph of section 5 of said Act as amended the following, And shall file said written and signed notice at or before 5:00 p.m., o'clock at least 15 days before said election, so that said section 5, when amended, shall read as follows: Section 5. Election of Mayor and Aldermen . Be it further enacted that on the first Monday in April, 1949, an election shall be held at which election the mayor and five

Page 2722

aldermen shall be elected who shall take office immediately after said election and who shall hold their office until 1st day of January, 1951, and until their successors are duly elected and qualified. Be it further enacted that on the first Saturday in December, 1950, and each and every two years thereafter, an election shall be held at which election a mayor and five aldermen shall be elected who shall take office on January 1st, after said election and who shall hold their office for a period of two years and until their successors are duly elected and qualified. All candidates in such election shall file with the clerk of said town at least fifteen days before said election a written and signed notice of his candidacy for the office for which he shall offer and shall file said written and signed notice at or before 5:00 p.m. o'clock at least 15 days before said election. No person so failing to qualify as a candidate shall be eligible to have his name placed on the ballot in such election. The clerk under the direction of the mayor and aldermen shall have ballots prepared and no other ballots shall be used or be legal. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January 1963 session of the General Assembly of the State of Georgia, a bill to provide for the qualifying time of a candidate for mayor and alderman of the Town of Fort Oglethorpe, Georgia, and to provide a time for registration as a voter in the Town of Fort Oglethorpe, Georgia, amending Georgia Laws 1949, page 703. This 4th day of February, 1963. Joe B. Tucker Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe B. Tucker, who, on oath, deposes and says that he is Representative from Catoosa County, and that the attached copy of Notice of

Page 2723

Intention to Introduce Local Legislation was published in the Catoosa County News, which is the official organ of said county, on the following dates: February 7, 14 and 21. /s/ Joe B. Tucker Representative, Catoosa County Sworn to and subscribed before me this 4th day of March, 1963. /s/ Amelia Smith Notary Public (Seal). Approved April 2, 1963. CITY OF LOVEJOYNEW CHARTER, REFERENDUM. No. 232 (House Bill No. 378). An Act to repeal an Act incorporating the Town of Lovejoy, Clayton County, Georgia, approved September 26, 1891 (Ga. L. 1890-91, Vol. II, p. 806), as amended, by an Act approved August 24, 1905 (Ga. L. 1905, p. 955), and an Act approved August 17, 1929 (Ga. L. 1929, p. 1157); to reincorporate the Town of Lovejoy as the City of Lovejoy; to define the corporate limits; to provide for a mayor and council; to provide for the initial election of the mayor and council; to provide for future municipal elections; to provide for the qualifications, duties, oath and term of office of the mayor and council; to provide for the filling of vacancies of the mayor and council; to provide for council meetings; to provide for a mayor pro tempore; to provide for the registration of voters; to provide that the mayor and council may employ officers, including a city clerk and a city attorney to assist them in their duties; to provide for taxation; to provide for control of streets; to provide for a system of waterworks; to provide for the licenses of businesses and occupations;

Page 2724

to provide for issuance of revenue bonds; to provide additional powers; to provide a referendum; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Lovejoy, Clayton County, Georgia, approved September 26, 1891 (Ga. L. 1890-91, Vol. II, p. 806), as amended, by an Act approved August 24, 1905 (Ga. L. 1905, p. 955), and an Act approved August 17, 1929 (Ga. L. 1929, p. 1157), is hereby expressly repealed. Prior Acts repealed. Section 2. The Town of Lovejoy in the County of Clayton is hereby reincorporated under the name and style of the City of Lovejoy, by which name it may sue and be sued, plead and be impleaded, contract and be contracted with, and exercise all powers and privileges hereinafter delegated. Reincorporated. Section 3. The corporate limits of the City of Lovejoy shall be and are described as follows: Beginning at the Clayton-Henry County line at the east right-of-way line of highway 41 (known as the South Expressway) at the southern end of land lot 164, thence north along the east right-of-way line of the said highway 41 through land lots 164 and 157 to the northern side of land lot 157, thence east along the north side of land lots 157 and 156 to the northeast corner of land lot 156, thence south along the east side of land lots 156 and 165 to the southeast corner of land lot 165, thence west along the south side of land lots 165 and 164 to the east right-of-way line of highway 41 which is the point of beginning. The corporate limits thus described include all of the land located in land lots 164 and 157 east of highway 41 and the entire lands located in land lots 165 and 156. Corporate limits. Section 4. The municipal government and governing powers of the City of Lovejoy are vested in a mayor and four (4) councilmen, to be known as the council. Upon approval of this Act as hereinafter provided, the ordinary of Clayton County shall, within thirty (30) days, issue a call

Page 2725

and hold an election for the purpose of electing a mayor and council for said city, who shall serve until December 31, 1964. Thereafter an election shall be held on the fourth Saturday of November in 1964 and every two (2) years thereafter for the election of a new mayor and council who shall take office on January 1st of the following year and serve for a term of two (2) years and until their successors are elected and qualified. Government. Section 5. No person shall be eligible for the office of mayor or councilman who has not been a resident of said city for at least twelve months prior to the election at which such office is sought, and who is not a qualified voter of said city under the registration laws of said city at the time, and who is not at least twenty-one years of age. If the mayor or either of the councilmen shall remove his residence or domicile out of the city during his term of office, said office shall automatically become vacant. Mayor and councilmen. Section 6. Upon approval of this Act as hereinafter provided, the first mayor and council elected at the special election called by the ordinary for that purpose, shall serve until December 31, 1964. Thereafter the mayor and council shall take office on January 1st of each odd numbered year beginning in 1965. Before entering upon the discharge of the duties of his office, the mayor and each councilman shall take and subscribe the following oath which may be administered by an officer of this State who is empowered to administer oaths: I do solemnly swear or affirm that I will well and truly demean myself as mayor (or councilmen, as the case may be) of the City of Lovejoy for the ensuing term, and that I will faithfully uphold the Constitutions of the United States and of the State of Georgia, enforce the charter and ordinances of the City of Lovejoy 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 and subscribe said oath of office as soon as possible thereafter. Neither the mayor nor any of the councilmen shall be entitled to any compensation for the performance of their duties. Same, terms, oaths, etc. Section 7. The mayor shall be the chief executive officer

Page 2726

of said city and shall be charged with the duty of seeing that all laws, ordinances, rules and regulations of said city are enforced. He shall preside at all meetings of the council and shall be entitled to vote only in case of a tie vote of the council. Mayor. Section 8. The mayor and council shall hold regular and open meetings on the first Tuesday of each calendar month, and shall call any other meetings at such times as is necessary to conduct the affairs of the city. Meetings. Section 9. In the event of any vacancy in the office of mayor or of councilmen, by death, resignation or any other cause, such vacancy, or vacancies, shall be filled by a special election called by the remaining officers within forty days after such vacancy occurs. The officer or officers so elected shall take office immediately by taking the oath of office. Vacancies. Section 10. The members of the council shall elect one of their number as mayor pro tempore, who shall serve in the absence of the mayor, and shall be vested with all the power and authority of the mayor. Mayor pro tem. Section 11. Any person who has been a bona fide resident of said city for six months immediately preceding an election and who is qualified to vote for members of the General Assembly, and is properly registered, shall be allowed to vote at any election held in said city, including the referendum election hereinafter provided by this Act. Qualified voters. Section 12. The mayor and council shall provide suitable books or cards, or both for the permanent registering of voters of said city. Every person registered shall take the following oath: I do solemnly swear that I am eighteen years of age, that I have been a resident of the City of Lovejoy for six months on or before the date of the next city election and I am qualified to vote for members of the General Assembly. Voter registration. The mayor and council shall designate a registrar for said city who shall be authorized to administer the above oath. No person registering shall be required to again register as

Page 2727

a qualified voter of said city as long as he remains a resident thereof and does not become otherwise disqualified. Whenever an election is to be held for said city, the registrar shall close the registration records five (5) days before such election. It shall be the duty of the registrar to make a list of qualified voters for each election. The mayor and council are hereby authorized to provide by ordinance for additional rules and regulations regarding the registration of voters for said city. Section 13. The mayor and council of said city shall have the authority to require a license to conduct any or all types and kinds of business or businesses in said city and to set the costs or fee for such licenses. Business licenses. Section 14. The mayor and councilmen shall have full power and direction-control over all streets, alleys, sidewalks, and street crossings and shall direct the mode, manner and style in which they shall be opened, or closed, or constructed, or maintained. Streets, etc. Section 15. The mayor and councilmen are authorized to issue bonds of the corporation in accordance with the laws of the State, in such matters provided, for any of the purposes herein set forth, after first calling an election and obtaining thereat the assent of the number of qualified voters of the corporation required by law. Bonds. Section 16. The mayor and councilmen shall have the authority to appoint or elect officers, including a city clerk and a city attorney, agents, and employees necessary, in the opinion of said mayor and councilmen, for the proper management and operation of said corporation and to prescribe their duties and fix their salaries. Said governing authority, in its discretion, may permit any person to hold one or more of said positions or office, agency, or employment. Any and all powers of the mayor and council, save the power of legislation, may be delegated to any such officer, agent, or employee. Officers. Section 17. The mayor and council are authorized and empowered to provide by ordiannce for the assessment, levying

Page 2728

and collecting of ad valorem taxes not exceeding one (1) mill on the dollar on all property, real and personal, within the corporate limits of said city. Taxes. Section 18. The mayor and council of said city shall have the right to provide for the annual return of property, both real and personal, for taxes by the citizens and taxpayers of said city, and shall have the right to supervise all the returns for taxes, and, in their discretion, place a proper valuation on such property as is subject to taxation, when they are satisfied that said property has not been returned at its proper valuation by the owner, or agent in charge of same: Provided, however, that they give the owner or agent of said property three (3) days notice of their intention to revise said tax returns prior to the time of doing so. The mayor and council of said city shall by ordinance provide the time for the making of such tax returns, and the time when taxes shall be paid to said city. Same. Section 19. The City of Lovejoy is authorized to own and operate a system of waterworks for supplying water for all purposes to all persons resident in said city, and to other persons as may be provided by ordinance. The mayor and council shall have full power to make all rules and regulations for the management and operation of said water plant, and to fix from time to time the rates charged for water, with the right to classify said rates. Said mayor and council shall have the power to enofrce payment for water and shall have the right to require reasonable deposits as well as the power to discontinue service until all amounts due by the consumers whose service is discontinued and until such consumer shall have paid the penalty prescribed. Waterworks. Section 20. Not less than thirty (30) nor more than sixty (60) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Clayton County to issue the call for an election for the purpose of submitting this Act to the voters of Lovejoy for approval or rejection. The ordinary shall set the date of such election for a day not less than thirty (30) nor more than sixty (60) days after the date of the issuance of the call. The ordinary shall cause the

Page 2729

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 Clayton County. The ballot shall have written or printed thereon the words: For approval of the Act to reincorporate the Town of Lovejoy as the City of Lovejoy. Referendum. Against approval of the Act to reincorporate the Town of Lovejoy as the City of Lovejoy. 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, otherwise 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 Lovejoy, the expense of such election shall be borne by the City of Lovejoy. 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 21. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. Severability. Section 22. 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 during the 1963 session of the General Assembly of Georgia, an

Page 2730

Act to create a new charter for Lovejoy, Georgia, to repeal Acts incorporating the Town of Lovejoy, Georgia, approved September 26, 1891 (Ga. L. 1891, p. 806, as amended years 1905 and 1929) to prescribe the corporate limits, to provide for referendum, to provide for the form of government, to provide for ordinances, rules, regulations and resolutions and for other purposes. This 11th day of January, 1963. Edgar Blalock Wm. J. Lee Representatives Clayton County Affidavit. This is to certify that the attached Notice of Intention to Introduce Local Legislation was published in The Forest Park News, Forest Park, Georgia, which is the official organ of Clayton County, on the following dates: January 17th, 24th and 31st, 1963. /s/ J. H. House, Jr. Owner and Publisher The Forest Park News Forest Park, Georgia Sworn to and subscribed before me this 11 day of Feb., 1963. /s/ Ida B. Holcomb Notary Public. (Seal). Approved April 2, 1963.

Page 2731

CITY OF COLUMBUSCHARTER AMENDED, REFERENDUM. No. 233 (House Bill No. 381). An Act to amend an Act approved the fifth day of August, 1921, entitled, An Act to amend the charter of the City of Columbus; to abolish the offices of mayor and board of aldermen and certain other offices in said city; to provide for a form of government in said city composed of commissioners and a city manager, and to declare the rights and powers of said government; to amend or repeal such sections of the charter as may be deemed necessary to carry into effect the said commission-city manager form of government; to provide the means by which legislation for said city may be initiated by the voters of the city and referred to them for approval or rejection; to provide for a submission of this Act to a vote of the electors of said city for their approval or rejection, and for other purposes; this present Act amending section 7, section 9, section 11, section 17, section 18, section 23, section 23A, and section 45 of the said Act as amended, and adding to the charter of the City of Columbus provision for the election of a full-time mayor, fixing the term of office; the amendment to section 7 providing that the commission shall consist of six commissioners and a mayor; the amendment to section 9 providing that any vacancies in the city commission, except as otherwise provided in this Act, shall be filled by the remaining members, at least four members participating in the election; the amendment to section 11 providing for the election of a mayor by the commission in 1963 and 1964 and thereafter when a vacancy occurs, and further providing for the election of a full-time mayor for the years beginning 1965, his term of office and his duties; the amendment to section 17 providing that no ordinance, unless it be an emergency measure, shall be passed until it has been read at two regular meetings, not less than one week apart, or the requirement of such readings has been dispensed with by the affirmative vote of five members of the commission; the amendment to section 17 further providing that every ordinance or resolution shall require,

Page 2732

on final passage, the affirmative vote of at least four of the members; the amendment to section 18 providing that the city commission may, by an affirmative vote of five of its members, pass emergency measures to take effect at the time indicated therein; the amendment to sections 23 and 23A as said sections have heretofore been amended by an Act of the General Assembly, No. 544, approved January 31, 1946, and by an Act of the General Assembly, No. 9, section 15, approved January 29, 1951, providing for the necessary votes to suspend or remove the director of public safety; the amendment to section 45 as said section has heretofore been amended by an Act of the General Assembly, No. 126, approved March 14, 1935, and by an Act of the General Assembly, No. 507, approved February 25, 1949, and by an Act of the General Assembly, No. 133, approved February 16, 1953, providing for the manner of election and the number of commissioners to be elected and the terms which said commissioners shall serve on and after the passage of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Act of the General Assembly approved on the fifth day of August, 1921, as amended by an Act of the General Assembly of 1935, approved on March 14, 1935, and as amended by an Act of the General Assembly of 1953, approved on February 16, 1953, amending the charter of the City of Columbus, be, and it is hereby amended by deleting therefrom section 7 in its entirety, and substituting therefor a new section 7 to read as follows: Until the first Monday in January, 1965, the commission shall consist of five commissioners, two of whom were elected in 1960 and three of whom were elected in 1962. On and after the first Monday in January, 1965, the commission shall consist of six commissioners and a mayor, all of whom shall be elected; the three commissioners elected in 1962 shall serve for terms of four years each, and three

Page 2733

commissioners and a mayor shall be elected in 1964 for terms of four years each. The terms of office of all commissioners and the mayor in all years thereafter shall be four years from the first Monday in January next following the dates of elections and until their successors shall have been duly elected and qualified, provided, however, they shall be subject to recall in accordance with the provisions of the charter. Mayor. Section 2. That the Act of the General Assembly approved on the fifth day of August, 1921, amending the charter of the City of Columbus, be, and it is hereby amended by deleting section 9, therefrom, in its entirety, and substituting therefor a new section 9 to read as follows: Any vacancies in the city commission, except as otherwise provided in this Act, shall be filled by the remaining members, at least four members participating in the election. If such vacancies occur within thirty days of a regular election for commissioner, such appointee shall hold office until the first Monday in January after the second regular election for commissioner held after the appointment, and at which election a commissioner shall then be elected to fill the remainder of the unexpired term caused by the vacancy. If such vacancy occurs more than thirty days prior to the next regular election, then such appointee on the commission shall hold office until the first Monday in January after the next regular election for commissioner, at which election a commissioner shall then be elected to fill the remainder of the unexpired term caused by the vacancy. If by reason of resignation, deaths, failure to elect or other circumstances, four or more vacancies exist or occur at the same time in said city commission, or if said commission fails to fill any vacancy within ten days after the same occurs, then the Governor of Georgia is hereby authorized and directed to make such number of appointments as may be necessary to constitute a city commission of four qualified members, which four qualified members shall at once proceed to fill the remaining vacancies as hereinbefore provided, such appointee of the Governor to serve for such time as the appointee would have served had the appointment been made by the commission as herein above provided. Vacancies in commission.

Page 2734

Section 3. That the Act of the General Assembly approved on the fifth day of August, 1921, amending the charter of the City of Columbus, be, and it is hereby amended by deleting therefrom section 11 as amended in Acts of 1961, No. 478, in its entirety, and substituting therefor the following: The city commission shall at the time of organization in the years 1963 and 1964, and at any time during 1963 and 1964 that a vacancy occurs, elect one of its members as mayor for the term of one year, or the remainder of a year in the event of filling a vacancy during the year. Thereafter, beginning in January, 1965, the mayor shall be the person elected at the general or regular city election conducted by the City of Columbus. In case the members of the commission, within five days after the time fixed for their organization meeting in 1963 and 1964, are unable to agree upon a mayor of said commission, then a mayor shall be elected from all the members of said commission by lot conducted by the city attorney, who shall certify the results of such election upon the journal of said commission. In the event a vacancy occurs in the office of mayor after the first Monday in January, 1965, the city commission shall elect one of its members as mayor. In case the members of the commission, within five days after the time such vacancy occurs, are unable to agree upon a mayor of said commission, then a mayor shall be elected from all the members of said commission by lot conducted by the city attorney, who shall certify the results of such election upon the journal of the commission. Any vacancies in the office of mayor occurring after the first Monday in January, 1965, that are filled by action of the commission or by lot, as provided herein, shall be appointed thereby for the following portion of a term, to-wit: Mayor. (a) If such vacancy occurs within thirty days of a regular election for commissioner, such appointee shall hold office until the first Monday in January after the second regular election for commissioners held after the appointment and at which election a mayor shall be elected to fill the remainder of the unexpired term caused by the vacancy.

Page 2735

(b) If such vacancy occurs more than thirty days prior to the next regular election, then such appointee of the commission shall hold office until the first Monday in January after the next regular election for commissioners, at which election a mayor shall then be elected to fill the remainder of the unexpired term caused by the vacancy. MayorSalary; Duties; Powers . The salary of the elected mayor shall be $7,500.00 per year. The mayor's control over city employees and other employees of the city shall be no greater than that of any other city commissioner. The mayor shall have power and it shall be his duty: (a) To preside at all meetings of the commission. (b) He shall have a voice and be required to vote in all of its proceedings. (c) The mayor must devote as much of his time and attention to the affairs of the city as is necessary to perform the duties described herein, including his full time if required. (d) The mayor may use the title of mayor in any case in which the execution of legal instruments of writing or of other necessity, arising where the general laws of the State, or provisions of the present charter of the City of Columbus not in conflict with this Act, so require, but this shall not be construed as conferring upon the mayor the administrative or judicial functions of a mayor under the general laws of the State. In case of absence, death, sickness or disability from any cause, the mayor shall be unable to act, any other commissioner designated by the remaining commissioners may discharge the duties and functions of the mayor. (e) The mayor of the city shall be recognized as the official head of the city by the courts for the purpose of serving civil process, by the Governor for the purpose of military law and for all ceremonial purposes. (f) In times of danger or emergency, the mayor may, with the consent of the commission, take command of the

Page 2736

police and govern the city by proclamation and maintain order and enforce laws. In the event the President of the United States or the Governor of the State of Georgia declares such emergency to exist, the mayor may take command of the police and govern the city by proclamation and maintain order and enforce laws until such time as the commission is able to convene. (g) The mayor shall make individual studies for the people of Columbus and recommend to the city commission legislation for the physical, economic, social and cultural development of the city. (h) The mayor shall represent the city at its intergovernmental relations, particularly where questions of public policy are at issue. (i) The mayor of the city is empowered to appoint for his information such boards, commissions, and committees who shall be answerable only to him, but whose actions shall be advisory in nature and not binding upon the city commission. Section 4. That the Act of the General Assembly approved on the fifth day of August, 1921, amending the charter of the City of Columbus, be and it is hereby amended by substituting in section 17, under the fourth paragraph thereof, the word five for the word four so that said fourth paragraph under section 17 as amended, shall read as follows: Ordinances. No ordinance, unless it be an emergency measure, shall be passed until it has been read at two regular meetings not less than one week apart or the requirement of such reading has been dispensed with by the affirmative vote of five of the members of the commission. Section 5. That the Act of the General Assembly approved on the fifth day of August, 1921, amending the charter of the City of Columbus, be, and it is hereby amended by substituting in the fifth paragraph of section 17 the word four for the word three, so that said paragraph, as amended, shall read as follows:

Page 2737

Voting .The `ayes' and `noes' shall be taken upon the passage of all ordinances or resolutions and be entered upon the journal of the proceedings of the commission, and every ordinance or resolution shall require, on final passage, the affirmative vote of at least four of the members. Section 6. That the Act of the General Assembly approved on the fifth day of August, 1921, amending the charter of the City of Columbus, be, and it is hereby amended by substituting in the first paragraph of section 18 thereof, the word five for the word four, so that said paragraph of section 18, as amended, shall read as follows: All ordinances and resolutions passed by the city commission shall, except as by this Act otherwise provided, be in effect from and after thirty days from the date of their passage, except that the city commission may, by an affirmative vote of five of its members, pass emergency measure to take effect at the time indicated therein. Ordinances. Section 7. That the Act of the General Assembly approved on the fifth day of August, 1921, as amended by an Act of the General Assembly of 1935, approved on March 14, 1935, and as amended by an Act of the General Assembly of 1953 approved on February 16, 1953, amending the charter of the City of Columbus, be, and the same is hereby amended by deleting in its entirety section 45 thereof, and substituting therefor the following: A general or regular city election hereunder shall be held on the third Wednesday in November, 1964, to elect three city commissioners for full terms of four years each, to succeed the two commissioners now in office whose terms would expire in January, 1965. On the third Wednesday in November, 1966, a general or regular city election shall be held to elect three city commissioners for full terms of four years each to succeed the commissioners now in office, or who are hereafter elected, whose terms would expire in January, 1967; and thereafter, a general or regular city election shall be held on the third Wednesday in November in every even numbered year to elect that number of commissioners

Page 2738

whose terms would, under the provisions hereof, expire on the first Monday in January next following the date of said election; thus, electing in 1964 three commissioners for four years; in 1966, three commissioners for four years, and continuing such plan as herein set forth. The election herein provided for shall be held under the laws and ordinances governing regular city elections held in the City of Columbus, provided, however, the commissioners may, at their option, designate and appoint any three persons they see fit to serve as registrars of the City of Columbus in lieu of the city clerk, the city treasurer and the city marshal, and said commissioners shall continue to have their present power to provide by resolution the hours during which the polling places in said regular elections shall remain open. Candidates for election to the office of commissioner shall name the position for which they are running. In 1964 the positions shall be as follows: Elections. Two positions held or formerly held by named incumbent commissioners; one position for a new four-year term expiring January, 1969; in 1966 and in all subsequent elections, three positions held, or formerly held, by named incumbent commissioners. Section 8. That the charter of the City of Columbus, be, and the same is hereby amended by adding a new section of said charter to read as follows: Section 45AOffice of MayorManner of ElectingTerm of Office . A general or regular city election shall be held on the third Wednesday in November, 1964, to elect a mayor for the City of Columbus for a full term of four years, whose term shall begin on the first Monday in January, 1965. Hereafter, beginning on the third Wednesday in November, 1964, a general or regular city election shall be held on the third Wednesday in November of each fourth year to elect a mayor of the City of Columbus. The election herein provided for shall be held under the laws and ordinances governing regular city elections held in the City of Columbus, including provisions authorizing the city commission to alter or change election dates from those set forth herein.

Page 2739

Section 9. That sections 23 and 23A of the Act of the General Assembly approved on the fifth day of August, 1921, as amended by an Act of the General Assembly of 1946, No. 544, approved January 31, 1946, and as amended by an Act of the General Assembly of 1951, No. 9, section 15, approved January 29, 1951, amending the charter of the City of Columbus be, and it is, hereby amended by striking therefrom the words five (5) affirmative votes and substituting therefor the words seven (7) affirmative votes and further by striking therefrom the words three (3) of these votes and substituting therefor the words four (4) of these votes so that the sentence in which the substituted phrases appear when thus amended shall read as follows: Director of Public Safety. At least seven (7) affirmative votes shall be necessary to suspend or remove a director, and at least four (4) of these votes must be ones cast by members of the commission of the City of Columbus. Section 10. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the governing authority of the City of Columbus to issue the call for an election for the purpose of submitting this Act to the voters of the City of Columbus for approval or rejection. The governing authority 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 governing authority shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Muscogee County. The ballot shall have written or printed thereon the words: For approval of the Act amending the charter of the City of Columbus so as to provide for election of a full time mayor; to provide the duties of mayor and to prescribe the powers and duties of the mayor; to provide for the election of six (6) commissioners; to provide the manner in which ordinances shall be passed; to provide the manner in which the director of public safety shall be suspended or removed; and for other purposes. Referendum.

Page 2740

Against approval of the Act amending the charter of the City of Columbus so as to provide for election of a full time mayor; to provide the duties of mayor and to prescribe the powers and duties of the mayor; to provide for the election of six (6) commissioners; to provide the manner in which ordinances shall be passed; to provide the manner in which the director of public safety shall be suspended or removed; 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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Columbus. It shall be the duty of the governing authority 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 governing authority 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 11. That there is hereto attached and made a part hereof a copy of the notice of intention to apply for enactment hereof, with the certificate of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of this bill. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Certificate of Publication. Notice of Intention to Apply for Local Legislation. City of Columbus, Georgia. Notice is hereby given that application will be made at the

Page 2741

session of the General Assembly of Georgia convening in January, 1963, for the passage of a bill entitled as follows: An Act to amend an Act approved the fifth day of August, 1921, entitled, An Act to amend the charter of the City of Columbus; to abolish the offices of mayor and board of aldermen and certain other offices in said city; to provide for a form of government in said city composed of commissioners and a city manager, and to declare the rights and powers of said government; to amend or repeal such sections of the charter as may be deemed necessary to carry into effect the said commission-city manager form of government; to provide the means by which legislation for said city may be initiated by the voters of the city and referred to them for approval or rejection; to provide for a submission of this Act to a vote of the electors of said city for their approval or rejection, and for other purposes; this present Act amending section 7, section 9, section 11, section 17, section 18, section 23, section 23A, and section 45 of the said Act as amended, and adding to the charter of the City of Columbus provision for the election of a full-time mayor, fixing the term of office; the amendment to section providing that the commission shall consist of six commissioners and a mayor; the amendment to section 9 providing that any vacancies in the city commission, except as otherwise provided in this Act, shall be filled by the remaining members, at least four members participating in the election; the amendment to section 11 providing for the election of a mayor by the commission in 1963 and 1964 and thereafter when a vacancy occurs, and further providing for the election of a full-time mayor for the years beginning 1965, his term of office and his duties; the amendment to section 17 providing that no ordinance, unless it be an emergency measure, shall be passed until it has been read at two regular meetings, not less than one week apart, or the requirement of such readings has been dispensed with by the affirmative vote of five members of the commission; the amendment to section 17 further providing that every ordinance or resolution shall require, on final passage, the affirmative vote of at least four of the members, and five in case of a veto; the amendment to section 18 providing that

Page 2742

the city commission may, by an affirmative vote of five of its members, pass emergency measures to take effect at the time indicated therein; the amendment to section 23 and 23A as said sections have heretofore been amended by an Act of the General Assembly, No. 544, approved January 31, 1946, and by an Act of the General Assembly, No. 9, section 15, approved January 29, 1951, providing for the necessary votes to suspend or remove the director of public safety; the amendment to section 45 as said section has heretofore been amended by an Act of the General Assembly, No. 126, approved March 14, 1935, and by an Act of the General Assembly, No. 507, approved February 25, 1949, and by an Act of the General Assembly, No. 133, approved February 16, 1953, providing for the manner of election and the number of commissioners to be elected and the terms which said commissioners shall serve on and after the passage of this Act; and for other purposes. This the 28th day of December, 1962. /s/ Lennie F. Davis City Attorney, City of Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and county, Maynard R. Ashworth, who on oath certifies and says that he is the publisher of The Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit, Dec. 31, Jan. 7, Jan. 14. /s/ Maynard R. Ashworth

Page 2743

Sworn to and subscribed before me this the 16 day of January, 1963. /s/ Barbara T. Moss Notary Public, Muscogee County, Georgia. My commission expires Feb. 20, 1967. (Seal). Approved April 2, 1963. CITY OF MACONRECORDER'S COURT. No. 235 (House Bill No. 390). 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 or sub-section of said Act or Acts; to repeal section 44 of said Act of 1927, as heretofore amended, relating to the jurisdiction of the recorder's court and prescribing its presiding official; to enact in lieu thereof a new section to be known as section 44 relating to the same subject matter and making specific provision for the jurisdiction and powers of said court, setting the number of city recorders and authorizing the number of sessions of said court which may be held in the discretion of mayor and council; to repeal conflicting laws; and for other purposes.

Page 2744

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 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 or sub-section of said Act or Acts; be and the same is hereby further amended by striking therefrom and repealing section 44 relating to the jurisdiction of the recorder's court of the City of Macon and enacting in lieu thereof a new section to be known as section 44, relating to the same subject matter, and making specific provisions for the jurisdiction and powers of said court; setting the number of city recorders and authorizing the number of sessions which may be held of said court, which said section shall read as follows: Section 44. Jurisdiction, etc. of Recorder's Court of the City of Macon . There shall be a recorder's court established for the City of Macon which shall have the jurisdiction and authority to try all offenses against the laws and ordinances of the municipal government and to punish for a violation of the same. Said court shall have power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish for contempts of said court; to punish witnesses and defendants for non-attendance in said court; to punish any person who may counsel, advise, aid, encourage or persuade another, whose testimony is desired or material in any proceeding in said court, to go or move beyond the reach of the process of said court. The mayor and

Page 2745

council of the City of Macon is hereby vested with full power and authority to appoint and elect not more than two (2) recorders who shall preside over said court. In the absence or disability of a recorder or recorders, said court shall be presided over by any one of those persons authorized to preside in said court under the terms of section 49 of the charter of said city. The mayor and council may designate a recorder as chief recorder of said court, and in such event such chief recorder shall be directly responsible for the administrative supervision and direction of the clerk's office of said recorder's court. Said court shall be held daily or as often as may be necessary to clear the city prison, and the mayor and council shall have specific authority to direct the holding of two (2) sessions of said court daily if deemed necessary and feasible by said governing body. Whenever the word recorder appears in the singular usage in the charter of the City of Macon, the said word shall be interpreted to mean recorder or recorders to the end that any recorder appointed or elected under the provisions of this law shall be subject to the same qualifications and requirements and shall have and exercise all powers, duties and responsibilities granted in this charter to the recorder or city recorder of the City of Macon. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover, Jr., who, on oath, deposes and says that he is Representative from Bibb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Macon News, which is the official organ of said county, on the following dates: January 4, 1963, January 11, 1963, and January 18, 1963. /s/ Denmark Groover, Jr. Representative, Bibb County

Page 2746

Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the January, 1963, session of the General Assembly of Georgia for the passage of the following local legislation: To amend the charter of the City of Macon, as heretofore amended, to provide that mayor and council of the City of Macon shall have the authority to establish two judges of the recorder's court of the City of Macon and further to authorize the mayor and council of the City of Macon to hold two daily sessions of said recorder's court. 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 2nd day of January, 1963. Buckner F. Melton, City Attorney, City of Macon. Sworn to and subscribed before me this 19 day of February, 1963. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My commission expires Oct. 6, 1964. (Seal). Approved April 2, 1963.

Page 2747

CLAYTON COUNTY CIVIL SERVICE SYSTEM ACT. No. 236 (House Bill No. 408). An Act to authorize the establishment of a civil service system in Clayton County for employees of Clayton County; to provide for the creation of a civil service board; to make provisions for petitioning said board to come under system; to define department; to prescribe the duties and functions of said board; to provide that said board shall hold public meetings, after which said board shall propose to the governing authority of Clayton County, rules and regulations to be adopted by the governing authority for the Clayton County Civil Service System, providing for the selection, promotion and demotion of personnel, job classifications and prescribed qualifications of personnel; to provide that when said rules and regulations proposed by the civil service board are approved and adopted by the governing authority of Clayton County they shall have the force of law and be binding upon all departments and offices of the county enumerated in the resolution creating the civil service board; to enumerate such offices of the county as shall be exempted from said civil service system; to provide for the manner of conducting hearings by the civil service board; to provide the number, manner of selection and compensation of members of said board; to provide for appeals to the board by employees under the civil service system who have been dismissed from employment; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as the Clayton County Civil Service System Act. Short title. Section 2. (a) From and after the passage and approval of this Act there is hereby authorized to be created and established by the governing authority of Clayton County a civil service system of personnel administration, to be known as the Clayton County Civil Service System. The said governing authority shall be authorized to create such civil

Page 2748

service system by appropriate resolution, which resolution shall specify the department, personnel and offices of the county government governed by such system and the effective date of said system. Created. (b) All employees of Clayton County may be placed under said civil service system except: All elected officers, all appointed boards, members of commissions and authorities, county attorney, part-time employees and others expressly exempt by law. Section 3. (a) There is hereby authorized to be established by said governing authority of said county a civil service board composed of three (3) citizens who are freeholders of Clayton County of known sympathy to the civil service system, who are not employees of Clayton County, who have paid their taxes to date and who have been residents of Clayton County for two (2) years or more. Board. (b) Members of the civil service board shall be selected and appointed for a term of four (4) years each, and shall serve until their successors are named and qualified. Said members of the civil service board shall be selected and appointed in the following manner: One member shall be selected by the elected county officials, namely; clerk of superior court, tax commissioner, sheriff and ordinary who shall have one vote each and the board of county commissioners who shall have only one vote which may be cast by a majority of said board and the person so selected by said county officials shall be appointed to the civil service board by the county governing authority. The second member shall be selected by the employees of Clayton County (other than the aforesaid elected officials), who are eligible to come under the provisions of this Act and who are in the employ of Clayton County on a full time basis when the constitutional amendment authorizing the creation of a civil service system in Clayton County is ratified, by a majority expression to the county governing authority of their selection by appropriate petition or ballot and the person so selected shall be appointed by the county governing authority after being advised of the selection. The third member of the civil service board shall be selected by the two (2) members selected

Page 2749

by the elected officials and the full time county employees and the person selected shall be appointed to the board by the county governing authority. No member of the civil service board shall have held political office or have been a salaried employee of Clayton County during the three (3) months preceding his appointment. No member of the civil service board may be removed from office prior to the expiration of his term except for cause after having been granted a notice and afforded a hearing before the governing authority of said county. Prior to said hearing said member shall be served by registered or certified mail addressed to his residence as shown in the files of said governing authority at least ten (10) days before the date set for said hearing with written specifications of the charges against him. The three (3) members shall designate one of their number as chairman and vice-chairman. Vacancies on the civil service board shall be filled in the same manner except the member representing the county employees shall be selected by a majority expression of only the employees electing to be covered and who are covered by the civil service system and who are in the full time employ of Clayton County when and if such vacancies occur. (c) Members of the civil service board shall be paid the sum of ten ($10.00) dollars per diem for time actually devoted to the business of the board, not exceeding twenty-five (25) days in any calendar year. Per diem. Section 4. It shall be the duty, function and responsibility of the civil service board to represent the interest of the public in the improvement of personnel administration and the selection of qualified personnel. All meetings of the civil service board shall be held in offices provided therefor by the governing authority of Clayton County or in a court room of the Superior Court of Clayton County. The governing authority of said county is hereby authorized to provide necessary clerical assistance to the board. Said board shall hold regular meetings at least once a month, and may hold additional meetings as may be required for the proper discharge of its duties. Duties. Section 5. When more than 50% of the employees in any

Page 2750

department of Clayton County petition the herein established civil service board that they wish to be placed under the system, they shall thereafter be under the system and subject to the full provisions thereof. A department, for the purposes of this Act, shall mean any department so designated by the governing authority of Clayton County. Members. Section 6. The duties and functions of the civil service board shall be as follows: (a) To hold public hearings regarding proposed rules and regulations and standards of the civil service system, and thereafter recommend to the governing authority of Clayton County the adoption of rules and regulations and standards effectuating the civil service system established under this Act. Such rules and regulations shall include provisions for the establishment and maintenance of job classification and compensation plans, the conduct of examinations for appointment under the civil service system, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, service ratings, reinstatements, appeals, and such additional regulations as may be deemed to be in the best interest of impartial selection of efficient personnel and improvement of public administration. Such rules and regulations shall prohibit political activity by any employee covered by the civil service system or the civil service board. The rules and regulations may provide for the establishment of a register of persons eligible for appointment under the civil service system, provided that no elected county officer shall be required to choose personnel solely from said register, but the personnel employed by such county officer shall be processed in accordance with such rules and regulations as may be adopted. Said rules and regulations when proposed by the civil service board as aforesaid and approved and adopted by the governing authority of Clayton County shall have the force of law and be binding upon all departments and offices of the county enumerated in the resolution creating the civil service board. Duties of board. (b) To conduct hearings and render decisions on charges preferred against persons employed in the several departments and offices included in said civil service system and

Page 2751

to hear appeals from any employee who claims to have been improperly dismissed. (c) The civil service board shall keep and maintain an accurate record of minutes and shall be furnished clerical assistance by the governing authority to keep and maintain its minutes and records. (d) Said board shall be authorized to make recommendations as to amendments, additions to, and changes in said rules and regulations from time to time and when said amendments, changes, or additions are adopted by the governing authority of Clayton County, said amendments shall have the force of law and be binding on all parties affected by said civil service system. Section 7. No employee of any department or office of the county which has been brought under the civil service system pursuant to this Act may be dismissed from employment in said department or office except for good cause and in accordance with the rules and regulations of the civil service board, as approved by the governing authority as aforesaid. Any employee who is dismissed shall have the right of appeal pursuant to the terms of the rules and regulations prescribed for appeal by the civil service board. Such appeal shall be heard at the next regular or special meeting of the civil service board after it is filed, and must be heard and determined by the board within 45 days of the date said appeal is filed with the board; provided, however, that such dismissed employee must file his appeal with the board in writing within ten days from the date of his dismissal and provided that this provision shall not apply to persons dismissed from any department due to curtailment in funds, reduction in staff, or abolition of the job held by such employee. The decision of the board shall be binding upon the governing authority of said county as to whether such dismissal was for proper cause. Employees. Section 8. All costs for salaries, expenses, supplies for the establishment and operation of the civil service system and civil service board shall be borne by the county and paid out of county funds as a cost of administration.

Page 2752

Section 9. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. Severability. Section 10. The provisions of this Act shall become effective immediately after ratification in the November 1964 General Election of an amendment to the Constitution of the State of Georgia authorizing the creating of the Clayton County Civil Service System. Effective date. 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 1963 session of the Georgia General Assembly legislation authorizing civil service and/or a merit system for all county employees; and for other purposes. This 20th day of December 1962. Edgar Blalock Wm. J. Lee Representatives, Clayton County Affidavit. Georgia, Clayton County: This is to certify that the attached Notice of Intention to Introduce Local Legislation was published in the Forest Park News, Forest Park, Georgia, which is the official

Page 2753

organ of Clayton County, on the following dates: December 20th and 27th, 1962 and January 3rd, 10th and 17th, 1963. /s/ J. H. House, Jr. Owner Publisher The Forest Park News Forest Park, Georgia Sworn to and subscribed before me this 31st day of January, 1963. /s/ Alice M. Jackson Notary Public, Clayton County, Georgia. My commission expires Feb. 22, 1963. (Seal). Approved April 2, 1963. CITY COURT OF WAYNESBOROCOMPENSATION OF COURT STENOGRAPHER. No. 237 (House Bill No. 436). An Act to amend an Act establishing the City Court of Waynesboro, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, so as to increase the pay of the stenographer of the City Court of Waynesboro from five dollars per day to twenty dollars per day; to increase the rate for transcripts from ten cents per one hundred words to twenty cents per one hundred words; 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 Waynesboro, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, is hereby amended by striking from section 40 the words five dollars and inserting in lieu thereof the words twenty dollars, and by striking the words ten cents and inserting in lieu thereof the words twenty cents

Page 2754

so that when so amended section 40 shall read as follows: Section 40. Be it further enacted, that there shall be a stenographer of the City Court of Waynesboro appointed by the judge thereof, and removable at his pleasure; said stenographer shall report all cases tried before a jury, both civil and criminal, in said court, and shall be entitled to receive therefor the sum of twenty dollars per day for each day's attendance, payable at the close of each jury session out of the county treasury upon warrant of the judge of said court. In all cases where a motion for a new trial is made, said stenographer shall, on request of counsel for movant, furnish a transcript of his report, for which he shall be entitled to charge not exceeding twenty cents per hundred words, to be paid for on delivery, unless otherwise agreed upon between counsel and stenographer, but the judge of the court may, when satisfied of the movant's inability to pay costs, order the report transcribed and furnished without payment on delivery, but unless so requested, he shall not be required to transcribe any report; provided, however, the presiding judge may in his discretion, require the report of any civil case to be paid for by the parties in the manner and upon the terms named for the reporting of civil cases under the general law for the superior courts, in which event said stenographer shall not be paid anything by the county for the time so occupied. Said city court stenographer shall be entitled to the same remedies to enforce the payment of his fees as is provided by law for the stenographers of the superior courts. 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

Page 2755

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 three weeks in the regular issues of February 6, 13 and 20th. This is the legal organ of the county of Burke. /s/ Roy F. Chalker Notice of Proposed Local Legislation. The undersigned will introduce at the session of the General Assembly of Georgia which convened in January 1963 a local bill to amend the Act of 1904 creating the City Court of Waynesboro, to increase the per diem of the court reporter of the City Court of Burke County, Georgia. M. K. Tucker, Representative, Burke County. Sworn to and subscribed before me this 21st day of February, 1963. /s/ Lois W. Story Notary Public, Burke County, Ga. My commission expires Feb. 1, 1966. (Seal). Approved April 2, 1963. CITY OF OCONEENEW CHARTER. No. 238 (House Bill No. 439). An Act to consolidate all of the laws chartering the Town of Oconee in the County of Washington and to grant a new charter to said Town; to provide that the Town of Oconee shall be known as the City of Oconee; to provide for the general powers of said city; to provide that said city shall

Page 2756

be responsible for all debts and contracts of the former Town of Oconee; to preserve all valid ordinances; to provide for the corporate limits of said city; to provide for a mayor and councilmen, their powers, duties and functions; to provide for the meetings of the city council; the eligibility requirements of the mayor and councilmen; to provide for the compensation of said mayor and councilmen; to provide for elections; to provide for the filling of vacancies in the offices of mayor and councilmen; to provide for the taking of office by said officials and the oath in connection therewith; to provide for tie elections in said city; to provide for qualification and registration of voters in said city; to provide for a police court in said city and the procedure in such court; to provide for ad valorem taxation by said city, and the procedure in connection therewith; to provide for licensing and regulation of trades and occupations; to provide for the maintenance and construction of streets, roads and sidewalks in said city; to provide for the maintenance and establishment of utility systems in said city, and the collection of charges in connection therewith; to provide for the creation and alteration of a fire district in said city; to provide for planning and zoning regulations in said city; to provide for condemnation of private property by said city; to authorize said city to contract debts and issue bonds; to expressly enumerate certain powers of said city; to provide that the powers enumerated in this Act shall not be restrictive; to provide restrictions upon the sale of property by said city; to provide that said city shall operate upon a cash basis, and that all debts for current operating expenses shall be paid in the fiscal year in which incurred; to provide an effective date; to expressly repeal an Act granting a new charter to the Town of Oconee, approved February 28, 1876 (Ga. L. 1876, p. 151); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Town of Oconee in the County of Washington is hereby to be known as the City of Oconee, Washington County and is hereby incorporated under the name and style of the City of Oconee. Said City of Oconee as a

Page 2757

municipality shall have perpetual succession and is vested with the right to contract and be contracted with, to plead and be impleaded, to buy, own, enjoy and sell property of all kinds, and to have and use a common seal and do all other things and acts as may be necessary or needful to exercise such rights, powers, functions, privileges and immunities as ordinarily belongs to municipal corporations generally under the law, as well as those hereinafter enumerated. Said corporate body under the name and style of the City of Oconee shall have all the rights, powers and privileges to purchase, acquire by gift, lease or otherwise to receive, hold, possess, enjoy and retain in perpetuity or for any term of years, or dispose of in any manner known to law any interest in any real or personal property of whatsoever kind or nature or description within or without the limits of said city for corporate purposes, subject to the restrictions contained in this Act. Said city shall have the right to adopt such ordinances, rules, regulations and resolutions for the welfare and proper government of the city and for the transaction of the business thereof as may be deemed good and proper, consistent with the laws and Constitution of the State of Georgia and of the United States. Said City of Oconee shall be the legal successor to the Town of Oconee in Washington County existing at the time of the passage of this Act, and shall receive all of the property of said former Town of Oconee, and be responsible for all debts, contracts and obligations for which said former town is now obligated. Incorporated. Section 2. The City of Oconee is hereby made responsible as a corporate body for all legal debts, contracts and obligations for which the Town of Oconee as incorporated under an Act approved February 28, 1876 (Ga. L. 1876, p. 151) is now obligated. Present obligations. Section 3. All existing valid ordinances, rules, by-laws, regulations and resolutions of the City of Oconee not inconsistent with this charter shall remain in full force and effect for the City of Oconee until altered, amended or repealed. Ordinances. Section 4. The corporate limits of the City of Oconee shall begin at the intersection of State highway 272 and the county road leading to Coxtown by the Assembly of God

Page 2758

Church and running thence 2838 feet, plus or minus, on a line parallel to the right of way line of State highway 272 on the west side thereof and 210 feet from said right of way line to the run of Sand Hill Creek, thence west down said Creek a distance of 7090 feet, plus or minus, to a point; thence in a southerly direction in a straight line a distance of 2360 feet, plus or minus, to the center of the Central of Georgia Railroad track and an intersecting road; down said railroad track a distance of 363 feet, plus or minus, in a westerly direction to a point; thence in a southerly direction a distance of 875 feet, plus or minus, to a point; thence along Kaolin Lane a distance of 210 feet south of the center line of said street a distance of 3780 feet, plus or minus, to a point 210 feet west of State highway 272 and 210 feet south of Kaolin Lane; thence in a southerly direction along a line 210 feet west of the right of way line of State highway 272 a distance of 2145 feet, plus or minus, to Antioch Christian Church; thence across said highway 490 feet to a point 210 feet east of the right of way line of State highway 272 and thence in a general northerly direction along a line 210 feet east of said right of way line a distance of 4620 feet, plus or minus, to a point; thence in an easterly direction along a line 210 feet south of the center line of the county road leading from Oconee to Tennille a distance of 2640 feet, plus or minus, to a point; thence north a distance of 420 feet; thence in a westerly direction along a line 210 feet north of the center line of said road a distance of 2640 feet, plus or minus, to a point; thence north along a line 210 feet east of the right of way of State highway 272 a distance of 3400 feet, plus or minus, and thence in an easterly direction for 400 feet, plus or minus, and thence in a northerly direction 230 feet, plus or minus, to Coxtown Road, thence across the intersection of Coxtown Road and highway 272 in a westerly direction 920 feet, plus or minus, to point of beginning. Corporate limits. Section 5. The government of the City of Oconee shall be vested in a mayor and five (5) councilmen to be called the city council 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

Page 2759

of said city are faithful in the discharge of their duties. He shall cause the books and records of said city and of its officers to be inspected; and shall have control of the marshal and police force of said city, and may appoint special police officers whenever he deems necessary. He may exercise within the corporate limits of said city, all the powers conferred on a sheriff or constable to keep the peace and suppress riot and disorder, and to that end shall have power, when necessary in his opinion, to call on every male inhabitant of said city over eighteen (18) years of age to aid in suppressing riot and disorder and in enforcing the laws of said city. He shall have the right to hire all city employees subject to the approval of the council, and he may discharge any city employee without the necessity of obtaining approval of the council. (B) The council of the City of Oconee 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 by the council, in which event such ordinance shall become null and void unless it shall be repassed by four (4) members of the council. The council shall fix an annual budget for the city and approve all expenditures made by the city. (C) The mayor shall appoint annually, subject to the approval of the council, a city clerk, a city treasurer and a city attorney, who shall serve for a term of one (1) year. He also may appoint such other city employees as may be necessary for the efficient operation of the city, subject to the approval of the council. The treasurer of said city and all other officials and employees of the city who shall sign city checks or handle city money shall be bonded in such amount as may be deemed wise by the city council. Section 6. The council shall meet in regular session upon the second Monday in each month. Special meetings of the council may be called at any time by the mayor or by a majority of the members of the council. The mayor shall preside over all meetings of the council, but shall have no vote. At the first regular meeting of the council following the regular election of new members thereof, the council shall

Page 2760

elect one (1) of its members as a mayor pro tem. who shall, in the event of the disability or disqualification of the mayor, perform all the duties and exercise all the rights and powers and privileges of the office of mayor. Meeting of council, etc. Section 7. To be eligible to be mayor of the City of Oconee, a person shall be at least twenty-five (25) years of age, shall have resided in the City of Oconee a period of at least thirty (30) days prior to the election and shall be a registered, qualified voter of the State of Georgia and of the City of Oconee. 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 Oconee for a period of at least thirty (30) days and a registered, qualified voter of the State of Georgia and the City of Oconee. Should the mayor or any councilman during his or their term of office remove his residence from the limits of said city or cease to be a bona fide resident thereof, his or their office shall thereby become vacant. Mayor, and council. Section 8. The mayor's and councilmen's salaries shall be fixed annually and shall be paid out of the public funds of the city, if any, and all other legal or necessary expenses of the government of said city, not otherwise provided for, shall likewise be paid. Salaries. Section 9. The first election for mayor and councilmen of said city held under this Act shall be held forty-five (45) days after the Governor's signature or the Act otherwise becomes law. The ordinary of Washington County shall call the election and there shall be elected a mayor and five (5) councilmen from the city at large. The mayor and councilmen of this first election shall hold office through May 31, 1964. After the first election to be held in 1963, there shall be an election on the first Saturday in May of every other year for the mayor and the councilmen of the City of Oconee. All persons elected at such election shall take office on June 1, next following their election and serve for a term of two (2) years, or until their successors are elected and qualified. To be eligible to run for the office of mayor and councilmen of said city, a person shall qualify with the ordinary of Washington County for the first election and in subsequent

Page 2761

city elections, a person shall qualify with the city clerk of Oconee, fifteen (15) days prior to the election day, for the elections to be held in that year. The election polls shall be opened at 7:00 o'clock a.m. on said election day and closed at 7:00 o'clock p.m. on said election day. Elections. Section 10. In the event that the office of mayor or of councilman of the City of Oconee should become vacant by death, resignation, removal or otherwise, said vacancy shall be filled by the city council within thirty (30) days. However, 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. Vacancies. Section 11. The mayor and councilmen first elected under this Act shall take office on the day after the first election. The mayor and councilmen elected at subsequent elections in said city shall take office on June 1 of the year of their election. If any such officers fail to be installed on that day such installation shall take place as soon thereafter as practicable. The mayor and councilmen shall be installed in their office by taking and subscribing the following oath: Terms, oaths, etc. 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 Oconee; 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. Section 12. Should any election held in and for said city under the provisions of this Act result in a tie vote, then in that event, the council of said city shall call a special election within ten (10) days; and said special election shall be held in the same manner as any other election, except that no person shall be a candidate in said special election other than those who received the same number of votes in the prior election; and no person shall be allowed to vote in said special

Page 2762

election unless he or she shall have been qualified to vote in the regular election held just prior to said special election. Elections. Section 13. No person shall be allowed to vote in any election held in said city, except he or she be eligible under the provisions of the Constitution and laws of Georgia to vote for members of the General Assembly from the County of Washington, and unless he shall have bona fide and continuously resided in said City of Oconee, as a citizen thereof, thirty (30) days next preceding said election at which he offers to vote, and shall have registered as a qualified voter in the manner hereinafter provided. Voters. Section 14. There shall be established in the City of Oconee created by this Act, a permanent registration system of the qualified voters of said city: (A) The ordinary of Washington County, and the city attorney of Oconee shall provide a suitable book or books for the permanent registration of qualified voters of said city fifteen (15) days prior to the first election; and thereafter for subsequent elections the mayor and council of said city shall provide a suitable book or books for the permanent registration of qualified voters of said city. On or near the first page of each of such permanent registration books shall be printed or placed the oath prescribed by subsection (C) of this section. Voter registration. (B) The ordinary of Washington County in the first election and the city clerk or any deputy clerk employed in the office of said clerk, in subsequent elections, shall have charge of said registration books, and shall open them for registration of voters within ten (10) days after they are provided, and shall cause notice of such facts to be published in one (1) issue of the newspaper in which sheriff's advertisements for Washington County are published. Said clerk or deputy clerk shall keep said books open for registration of qualified voters at all times when the said clerk's office is open for business, except during the period next preceding the date of any election in said city, when all candidates in such election shall have qualified.

Page 2763

(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 Washington, and that I have bona fide and continuously resided in the City of Oconee, as a citizen thereof for thirty (30) days (or will have by the time of the next city election). The clerk or deputy clerk shall have authority to administer said oath, and thereafter to permit registration of any such person. All persons registering shall sign their full names at the place indicated on the book by the clerk or deputy clerk, who shall immediately thereafter enter at the places provided the age, sex and race of each person registering. (D) No person registering as herein provided, or who is now registered, shall be required to again register as a qualified voter of said city, so long as he or she remains a resident of said city and does not otherwise become disqualified, it being the purpose of this section to provide a permanent registration of the qualified voters of said city. (E) Whenever any election is to be held in and for said city, the said registration books are to be closed at the time when candidates for such election may no longer qualify and delivered to the mayor of said city, who shall, with the advice and consent of the council, appoint some person or persons, not exceeding three (3) in number, as registrar or registrars. Said registrar or registrars shall be residents of said city, and before entering on their duties shall be sworn to faithfully and impartially perform the duties of their office. It shall be the duty of said registrar or registrars to make from said registration books a list of voters qualified to vote in said election, 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

Page 2764

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 forty-eight (48) hours before the time of such hearing (leaving notice at their last place of abode shall be deemed and held to be sufficient service). Such person shall be allowed to appear and submit evidence as to their qualification. Said registrar or registrars shall have power to subpoena witnesses, to compel their attendance and the production of records and documents, administer oaths, and to determine the qualification or disqualification of all voters. After the completion of any such hearing, said registrar or registrars shall strike from the permanent registration books and from the voters list the names of all persons found to be deceased or disqualified to vote. Thereafter they shall prepare three (3) identical lists of the voters qualified to vote in said election, and certify the same. One (1) copy shall be retained, and two (2) copies shall be filed with the clerk of said city, one (1) of which shall be open to inspection during said clerk's office hours, and the other copy shall be safely kept and delivered to the managers of said election when the polls open. Said registrar or registrars shall complete said lists at least two (2) days before said election. (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 Oconee 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

Page 2765

as a registrar or as one of the registrars provided for under this section if they deem proper. Section 15. There shall be established in the City of Oconee created by this Act a police or mayor's court which shall be clothed with all the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth. (A) Said court shall be held as often as necessary for the trial of offenders. The mayor shall preside over said court and perform the duties thereof unless he shall have appointed a recorder. If a recorder is appointed he must be an upright and intelligent person. The clerk of the city shall act as clerk of the court, and the chief police officer of the city or other police officers shall attend said court and perform all such duties therein and in the enforcement of its sentences as they may be required by ordinances of said city or by the orders of the judge of said court. Police court. (B) The jurisdictional limits of said court shall include the corporate limits proper of said city; and said court shall have jurisdiction to try offenses against the laws and ordinances of said city, committed within the said jurisdictional limits. (C) The mayor or recorder, when sitting as such court, shall have the power and authority to punish for contempt by fine not exceeding 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. (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 fifty ($50.00) dollars and to imprisonment in the prison of said city or in the common jail of Washington County, not exceeding fifteen (15) days, and to work and labor in the city chain gang or on the streets or public works of said city, whether within or without the corporate limits, not exceeding fifteen (15) days, either or all or any part of all. And all sentences may be in the alternative, and fines may be

Page 2766

imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced, in addition to, and in the same manner as fines; all of which costs shall be paid into the city treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced. (E) All cases made in said court shall be in the name of the City of Oconee; 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, summons, 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. (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 Washington County for trial, to assess bail for his appearance, and to commit to the jail of Washington County, in default of bond. (G) Said court shall have the right to compel the attendance of witnesses, either within or out of the jurisdictional limits of said city; and may issue attachments where necessary to secure the attendance of witnesses, which may be served by any sheriff, deputy sheriff or any constable in any county in this State; but said city shall not be required to incur any expense in securing the attendance of any nonresident subpoenaed by a defendant. (H) Said court shall have the power to fix bail, accept bond for the appearance of defendants, and to forfeit and enforce collection of said bonds. Upon failure of a defendant to appear in accordance with the terms of his bond, he shall be solemnly called to come into court and his bail shall be

Page 2767

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 16. All persons owning property in said city shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal. Subject to taxation by said city, as of January 1 of each year; and the books for recording same shall be open on January 1 and close on April 1 of each year. Said property shall be returned by the property owner on blanks furnished for that purpose at the fair market value thereof. The city shall have the right to levy a tax on all real and personal property within the corporate limits of said municipality. Tax assessors. Section 17. The mayor of said city, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting of the city council in January, shall select three (3) upright freeholders residing in said city as a board of tax assessors. The mayor shall fix

Page 2768

the per diem compensation of said tax assessors. Vacancies on said board may be filled by the mayor as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessor to assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and it shall be their duty to examine the tax return made to them by property owners, and to increase 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 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 taxpayer, with postage prepaid, to his last known address shall constitute legal notice to him. Same. (A) Any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right of appeal from the same to the council of said city: provided said appeal be filed in writing with the clerk of said city within five (5) days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which same has been assessed, and the fair market value as contended for by the appellant; said appeal shall be heard by said

Page 2769

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 18. The taxes of said city shall fall due on June 20 of each year, and tax executions shall be issued against all persons who have not paid their taxes by that time. All tax executions shall be signed by the clerk, and bear teste in the name of the mayor of said city. The marshal or other police officers of said city, the sheriffs, deputy sheriffs and constables of this State shall have authority to execute same by levy and sale and the other means provided by Chapters 92-43 and 92-44 of the Code of Georgia, sections 92-4301, etc., and 92-4401. Taxes. Section 19. The City of Oconee, created by this Act, shall have full power and authority to license, regulate, control, or prohibit theatrical exhibitions, merry-go-rounds, circuses, dance halls, skating rinks, shows and exhibitions of all kinds, drays, automobiles, jitneys, trucks, taxis, and public and private vehicles of all kinds; traveling vendors of patent medicines, soaps, notions, and all other articles; also hotels, boarding houses, restaurants, lunch stands, drinking stands, fish stands or markets, meat markets, mercantile establishments, chain stores, laundries, billiard, pool, and other kind of tables, 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

Page 2770

brokers; all agents of fire, health, accident, indemnity, casualty, and life insurance companies; the sale of all kinds of beverages, cigars, cigarettes, and tobacco products of all kinds; also dealers in and/or dispensers of gasoline, either at wholesale or retail, from tanks, or otherwise; and all businesses, occupations, professions, callings, trades or avocations, which under the laws of this State are subject to license. And said city shall have the power to require registration of, and to assess and collect a license tax on all such businesses, etc., and all other businesses, trades, professions, occupations, or callings conducted or engaged in within the corporate limits of said city, and such occupation tax or license tax shall constitute a lien upon all the property of the taxpayer or person liable, and shall take rank and be enforceable by execution in the same manner as ad valorem taxes due said city; and said city may require the registration of, and payment of license tax on, all such businesses, etc., as a prerequisite to the right to operate or engage in said business in said city, and shall have power to punish any one conducting or engaging in any such business, etc., without first registering and paying said license taxes. Said city shall have full and complete power to provide by ordinance for classification of all classes and businesses, and all other rules and regulations necessary and proper in the premises. Powers. Section 20. The City of Oconee, 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. Streets, etc. Section 21. The mayor and council shall have the authority to construct waterworks and sewers, paying for them out of the public funds of the city or by charges for the use of such privileges. They shall have the authority to enact reasonable regulations and to enforce the same. Said mayor and council shall also have full power and authority to grant franchises over, under and upon its streets, alleys, lanes, sidewalks, parks, and other public places to any person, firm or corporation for the furnishing of water, telephones, electric

Page 2771

light and power, gas and sewerage or any of them to the city and its residents; and to make such contracts with such persons, firms or corporations for the furnishing of water, electric light and power, gas and sewerage or any of them as the mayor and council may deem proper. Utilities. Section 22. Said City of Oconee shall have full power and authority to regulate and enforce the collection of and insure payment of, charges for supplying of water, gas, heat, and sewer service, by the following methods: (A) By making said charges for water, gas, heat and sewer service a charge upon the property or real estate served, and in case prompt payment is not made for any such service, it may be provided that the water, gas, heat, or sewer services shall be shut off from the building, place or premises, and shall not be compelled to again supply said building, place or premises, until said arrears, with interest thereon, is fully paid; and further it may be provided for the issuance of an execution for the unpaid charges for water, gas, heat, or sewer service against the real estate served and the owner thereof, which shall be a lien on said real estate, and enforceable in the same manner as ad valorem taxes are enforced. Provided, however, that such charges shall not be a charge upon the real estate served where the tenant or other person in possession or having the right to possession and use of such real estate has by contract agreed to pay for such charges. Same (B) Said city shall have full power to require prompt payment in advance for all water, gas, heat, and sewer service furnished by said city; or require of each consumer or person served a reasonable deposit, which may be varied according to the estimated consumption, to insure the prompt payment for such service; and shut off and refuse to furnish water, gas, heat, and sewer service, where payment in advance or deposit, as the case may be, is not promptly made; and to enforce by execution against any consumer or person served, in the same manner as ad valorem taxes are enforced, any unpaid charges for water, gas, heat, or sewer service. Should any consumer fail to pay all water, or gas, heat, or sewer charges due by him to said city, then the said

Page 2772

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 such service at the new place of residence unless and until all past due accounts are paid in full. (C) Said city shall have power to adopt all necessary ordinances to put either method in force in said city, and to change from one method to the other in their discretion, and to adopt such methods of enforcing said charges as they may deem necessary and proper. (D) The provisions of this section shall be applicable to charges for any public utility-service provided or furnished by said city, including water, gas, heat, and sewer service, and the enumeration of particular classes of service shall not be construed as to exclude any other service that may be provided or furnished by said city, from the operation and provisions of this Act. Section 23. Said City is authorized to enact any and all ordinances, rules, and regulations, necessary to lay out and prescribe a fire district in said city, and to enlarge, change, or modify its limits from time to time; to prescribe when, how, and of what material buildings in said limits may be erected, repaired, or covered, how thick the walls may be, how the chimneys, stoves, pipes, and flues are to be constructed; to provide for fire escapes in said buildings; and generally to do all such things and to pass such laws and ordinances as the city may deem necessary in order to protect said city as far as possible from fire, and to prevent the spread of fire from one building to another, and for the protection and safety of the people. It shall also have the authority to order any changes in the construction or arrangement of buildings, chimneys, stove pipes, or flues and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the expenses of such changes or removal, which expense may be collected as taxes are collected; and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, the city may order such building removed or altered and if such person, firm or corporation

Page 2773

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 24. (A) The City of Oconee 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 of dimensions of lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purpose of the zoning regulations. In the 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) members to be elected by said mayor and council and to prescribe their powers and duties; and are authorized to provide the method of appeal from finding of said zoning commission; and to provide for a board of zoning appeals, to be elected by said mayor and council, to hear such appeals, and to provide their powers and duties; and to provide for the right of certiorari from said board of zoning appeals to the Superior Court of Washington County. Zoning.

Page 2774

(B) In lieu of the above power of planning and zoning, the City of Oconee is authorized to adopt any Act of the General Assembly conferring planning and zoning powers upon municipalities, counties or municipalities and counties. Section 25. The City of Oconee shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, and playgrounds; for rights of way for any water supply, gas or sewer line, or sewerage disposal plant; for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the city shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor, administrator, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code, 1933, section 36-301, et seq. Eminent domain. Section 26. The council of said City of Oconee shall have power and authority to contract debts and issue bonds of said city as the valid obligations thereof, under and in accordance with the limitations provided in the Constitution and laws of said State, for the purpose of refunding valid existing debts, establishing, improving, and maintaining a water supply system, establishing, improving, and maintaining a sewerage system, and other public service or utility system, for the paving or otherwise improving streets, sidewalks or public places, and for any other improvement, convenience, or necessity for the use of said city or the citizens thereof, or for any other lawful purposes. Bonds. Section 27. In addition to the power and authority vested in said City of Oconee, created by this Act, by the general laws of this State, and to those heretofore and herein

Page 2775

granted by this Act, the said mayor and council are hereby authorized and empowered to adopt such ordinances and regulations as they may deem proper not in conflict with the Constitution and laws of the United States or of this State: Ordinances. (A) To protect and advance the morals of said city; to secure peace, good order, and quiet in said city; and to protect health of said city; to prevent the spread of and to suppress infectious, contagious, or dangerous diseases in said city; (B) To create and elect a board of health in said city and to prescribe its powers and duties, and to maintain said board; to provide for the quarantine in, and treatment of contagious, infectious, or dangerous diseases, either in or outside of said city, and to 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 out of said city, to establish, control and govern a municipal market in the said city, to own or contribute to the support and maintenance of swimming pools, golf links, parks and playgrounds, either within or without the corporate limits of said city; (D) To regulate and prohibit the keeping of explosives and other dangerous substances in the fire limits and at other places in said city; to regulate or prohibit sale and shooting of fireworks and other explosives in said city; and to regulate the erection and maintenance of steam boilers and electrical apparatus in said city; (E) To regulate the character of buildings to be erected in said city, and to adopt and enforce building requirements and/or permits, and to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same and to regulate plumbing and electric wiring in structures in said city;

Page 2776

(F) To prevent or condemn encroachment or obstructions in, upon, or over any sidewalk, street, or alley, and to require removal of such; (G) To grant franchises, easements, and rights of way over, in, under, or along the public streets, sidewalks, alleys, parks, or other property of said city, on such terms and conditions as may be prescribed; and to regulate all public services or utility corporations doing business in said city in any manner not in conflict with State or Federal law; (H) To establish, equip, and maintain a fire department; (I) To define and prohibit nuisances within the corporate limits of said city, and to prescribe the mode of trial for all nuisance cases, and to abate the same; (J) To provide, equip, and maintain a prison and chaingang, and to regulate the same; and to provide for the working of convicts on the streets of said city, or any public works of said city, both within and without the corporate limits; (K) To prescribe and regulate the use of its streets and to classify said streets, and regulate the use thereof according to such classifications; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle, or conveyance on the public streets, sidewalks, or ways of said city; to limit and regulate the speed of all animals, vehicles, or motor vehicles on said streets and the operation thereof; to prescribe and regulate the fees of drays, hacks, taxis, jitneys, and transfer companies operating in said city; and to regulate the operation thereof; (L) To suppress and prohibit houses where illegal, immoral, or disorderly practices are had; (M) To lay out and open new streets and alleys in said city; and to change the grades thereof; (N) To provide a uniform scale of costs of the clerk and police officers of said city for all services in the arrest and

Page 2777

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 as restrictive; but the City of Oconee and the authorities of said city may exercise all powers, rights, and jurisdictions as they might if such enumeration were not made, and the council may pass all laws and ordinances, rules, and regulations they may deem needful and proper for the general welfare and protection of said city; and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully defined, the council may prescribe additional regulations and modes of procedure, not repugnant to the interest and purpose of this Act or the laws of this State. Intent. Section 29. No electric light, gas, water, or other public utility plant or system, now or hereafter owned by the City of Oconee, shall ever be sold, leased or otherwise disposed of by the City of Oconee, created by this Act, except in the manner provided by, and in strict compliance with, the Act of the General Assembly of Georgia approved August 25, 1925 (Ga. L. 1925, pp. 177-179) (Sections 91-901 - 91-904 of the Code of Georgia); and the provisions of said Act are hereby incorporated as a part of this section by this reference, and shall be a valid part hereof regardless of any decision invalidating said Act for any reason. Any other property, real or personal, now or hereafter owned by said city (including any property connected with a public utility plant or system owned by said city, which particular property is no longer serviceable or necessary in the continued and efficient operation of such plant or system) may be sold, leased, or otherwise disposed of by said city by resolution of the mayor and council thereof, setting forth and approving the terms of any such sale, lease, or other disposition; the mayor, by direction of said council, making conveyance thereof; provided, however, that no conveyance of any property

Page 2778

worth over one hundred ($100.00) dollars shall be made unless public notice is given of intention to convey in the newspaper of general circulation in the county in which sheriff's advertisements are made at least once a week for three (3) consecutive weeks immediately prior to such sale or encumbrance; provided, further, that nothing in this section shall vary the laws regarding bond issues. Utilities. Section 30. The City of Oconee shall operate strictly upon a cash basis. No employee or official of the city shall have authority to bind the city for any debts for current operating expenses to be paid at a time other than in the fiscal year July 1 to June 30 in which such debt is incurred. Cash basis. Section 31. The provisions of this Act shall become effective immediately upon its approval by the Governor, or upon its otherwise becoming law. Effective date. Section 32. An Act to incorporate the Town of Oconee, approved February 28, 1876 (Ga. L. 1876, p. 151), is hereby repealed in its entirety. Act repealed. Section 33. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Washington County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jesse Mize, who on oath deposes and says that he is the publisher of The Sandersville Progress, the official newspaper of Washington County, Georgia, and that the attached copy of notice of intention to introduce local legislation was published in The Sandersville Progress on the following dates: January 17, 1963, January 24, 1963 and January 31, 1963. /s/ Jesse Mize Publisher of The Sandersville Progress.

Page 2779

Sworn to and subscribed before me this 7 day of February, 1963. /s/ Thomas A. Hutcheson Notary Public, Washington County, Georgia. My commission expires May 25, 1965. (Seal). Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that I shall introduce a bill in the 1963 General Assembly to reincorporate the Town of Oconee, as the City of Oconee, in Washington County, Georgia, to provide for new city limits; to fix the time and method of holding elections; to fix the number of municipal officers; to provide for municipal powers and for other purposes. This 15th day of January, 1963. T. C. Carr Representative from Washington County, Ga. Approved April 2, 1963. CITY OF MANCHESTERCHARTER AMENDED. No. 239 (House Bill No. 440). 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 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.

Page 2780

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. Section 5. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Legal Notice. Georgia, Meriwether County: Notice is hereby given for application of local legislation for amending the charter of the City of Manchester, Georgia, will be sought at the 1963 session of the General Assembly of Georgia, in such manner as shall be within the power of the General Assembly of the State of Georgia. 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 of 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 31, 1963, February 7, 1963 and February 14, 1963. /s/ Mrs. R. K. Stovall

Page 2781

Sworn to and subscribed before me this 19th day of February, 1963. /s/ John Head (Seal). Approved April 2, 1963. COBB COUNTYBOARD OF COMMISSIONERS ROADS AND REVENUES, REFERENDUM. No. 241 (House Bill No. 442). An Act to create a board of commissioners of roads and revenues for Cobb County, Georgia; to provide for the membership of said board; to provide for the election, qualification, terms, powers, authority, compensation, and duties of the chairman and commissioners; to provide for filling vacancies; to provide a procedure for recall; to provide for their oath and bond; to provide for meetings; to define the powers and authority of the commission; to provide for an executive assistant to the commissioner and to define his qualifications, compensation, and duties; to provide for the internal organization of the county government of Cobb County; to provide for a department of finance under the supervision of a Cobb County comptroller and to provide for his qualifications, powers, authority, compensation, and duties; to define the functions, power and authority of the department of finance; to provide for the submission of an annual budget by the chairman to the commission; to provide for a method for the expenditure of county funds; to provide for an annual and periodic audit of county finances; to provide limitations on the chairman and commissioners as to agreements and contracts relating to county business; to provide an effective date; to provide for a referendum and the premissive use of voting machines therein; to repeal conflicting laws; and for other purposes.

Page 2782

Be it enacted by the General Assembly of Georgia: Section 1. Chairman and Board of Commissioners created . There is hereby created in and for the County of Cobb a board of commissioners of roads and revenues to be elected and organized as hereinafter set forth, which board of commissioners also to be known as the commission shall constitute the governing authority of said County and shall exercise the powers, duties and responsibilities herein vested in and imposed upon said officers. Section 2. (A) . The commission established herein shall consist of three members of which two members shall be known as commissioners and one member shall be known as the chairman. Each position on the commission shall be a separate and distinct one for the purposes of elections and shall be so designated as The Chairman Post, - The Commissioner No. 1 Post, and The Commissioner No. 2 Post. In all elections held pursuant to this Act, each candidate shall designate, at the time of his qualification, the Post for which he offers, and the candidate receiving the largest number of votes for any particular post shall be declared elected to such post. Members. (B). Qualifications of Chairman . The chairman shall be a citizen of this State who has attained the age of thirty years and who has been a resident of Cobb County for not less than five years next preceding his election, and shall hold no other elective public office. (C). Qualifications of Commission members . Commissioners, other than the chairman, shall be citizens of this State who have attained the age of twenty-five years and who have been a resident of Cobb County for not less than two years next preceding their election, and shall hold no other elective public office. Section 3. Election and term of Commission members . All members of the commission shall be elected by voters of the entire county. The first election shall be held at the general election held for members of the General Assembly in 1964, and their terms shall commence on January 1, 1965.

Page 2783

The first members and all subsequent members shall serve a term of four years. Section 4. Election and term of Chairman . The first chairman of the commission created herein shall be elected to serve for a term of four years. His successor and all subsequent chairmen shall be elected at the same time as other members of the commission and shall serve for terms of four years each and until their respective successors are elected and qualified. Neither the chairman nor any commissioner shall be qualified to offer for election to any commission post other than the one in which he is serving without first resigning from the commission post in which he at that time is serving. Section 5. Election returns; vacancies . In all elections for chairman or commissioners held pursuant to this Act, the returns shall be canvassed and the results of same certified as provided by law for elections for members of the General Assembly, and the persons so certified shall be declared and deemed to be elected to such offices. In the event of a vacancy in the office of chairman or a commissioner whose unexpired term exceeds 180 days, it shall be the duty of the ordinary to call a special election for the filling of such vacancy, which election shall be governed by the general laws of force in this State in regard to special elections for the filling of vacancies. In the event such unexpired term does not exceed 180 days, it shall be the duty of the remaining members of the commission to fill vacancies by appointment. All persons elected or appointed to fill vacancies pursuant to the provisions of this section shall serve for the remainder of the unexpired term of any such office. Section 6. Recall of Chairman or Commissioners . The chairman or any commissioner shall be subject to a recall election at any time after nine months of his term has expired. The petition for any such recall election must be signed by not less than twenty percent (20%) of the qualified registered voters of said County and shall be filed in the office of the ordinary of said county. No such petition shall be filed with the ordinary, however, unless there is attached thereto a certificate executed by the registrar or

Page 2784

deputy registrar having charge of voters' registration cards in Cobb County certifying that the names appearing on said petition have been verified by comparison with the list of qualified registered voters maintained by him, and that the names appearing thereon constitute not less than twenty (20%) per cent of such voters. Such certificate shall be furnished by said registrar or deputy registrar within thirty (30) days from the date such petition is presented to him for certification. When such certified petition has been so filed with the ordinary, it shall be his duty to call an election to be held not more than thirty days from the date of filing of such petition with him, and to fix the date thereof, and cause notice thereof to be published in the county gazette at least twice before each such election. The ballots or voting machines employed in such election shall state the name of the officer whose recall has been petitioned, the office which he holds, and the dates of the beginning and termination of his official term, and shall be prepared so as to enable voters in such election to vote For recall of the above named officer or Against recall of the above named officer. 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 office in question shall be vacated from the date of such publication, and the officer so recalled shall not be eligible to election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the official 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. If, in the opinion of the ordinary, it is practicable to do so, said election may be held in accordance with the Act approved March 28, 1947 (Ga. L. 1947, p. 1203), as amended, by the use of voting machines. No officer subject to the provisions of this section shall be subject to more than one recall election during a term of office. Section 7. Oath and bond . Before entering upon the discharge of their duties, the chairman and commissioners shall subscribe an oath before the ordinary of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted

Page 2785

for. In addition, the chairman shall further give a satisfactory surety bond to be judged by the ordinary of the county and payable to the ordinary or his successor in office and filed in the office of the ordinary, in the sum of fifty thousand ($50,000.00) dollars, conditioned upon the faithful performance of the duties of the office. Each commissioner shall give like bond in the sum of ten thousand ($10,000.00) dollars. The costs of said bonds shall be paid out of the county treasury. Section 8. Compensation . Commissioners, other than the chairman, shall be paid as their entire compensation for services as same, the sum of six thousand dollars ($6,000.00) per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairman shall receive as his entire compensation the sum of eighteen thousand dollars ($18,000.00) per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. The salary so fixed shall constitute the entire compensation from all sources to which said chairman or either commissioner shall be entitled. They shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office. Section 9. Meetings . The commission shall hold regular meetings on the second and fourth Tuesdays of each month at 2:00 o'clock p.m. at the county seat, which meeting shall be open to the public, and may hold such additional meetings as shall be necessary when called by the chairman or the two commissioners, provided all members of the commission shall have been notified at least three days in advance of such special meeting. No official action shall be taken by the commission except in a meeting which is open to the public. Any two members of the commission shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least two members of the commission. The chairman shall be entitled to the same voting rights as other commission members on questions considered by the commission. Section 10. The Chairman . The chairman shall be the

Page 2786

chief executive officer of the county government, and shall generally supervise, direct, and control the administration of the affairs of the county pursuant to the powers herein conferred upon him and pursuant to the adopted resolutions of the commission in regard to matters reserved to the exclusive jurisdiction of the commission. The chairman shall preside over meetings of the commission. The chairman shall establish rules and regulate purchasing services for all county departments, offices and agencies. He shall be further authorized to make purchases for the county in amounts not exceeding $500.00. Section 11. The Commission . The commission shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules and regulations, when so adopted, with proper entry thereof made on the commission minutes, shall be conclusive and binding on the chairman. The policies, rules and regulations so adopted by the commission shall be carried out, executed and enforced by the chairman as chief executive officer of the county, and the commission shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by said chairman which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the commission shall be null, void and of no effect. The following powers are hereby vested in the commission and reserved to its exclusive jurisdiction: (a) To levy taxes. (b) To make appropriations. (c) To fix the rates of all other charges. (d) To authorize the incurring of indebtedness. (e) To order work done where the cost is to be assessed

Page 2787

against benefited property, and to fix the basis for such assessment. (f) To authorize contracts, except purchases otherwise provided for herein, involving the expenditure of county funds. (g) To establish, alter, or abolish public roads, private ways, bridges, and ferries, according to law, provided, however, that the chairman shall have the authority to accept subdivision plats when the requirements established by the commission for subdivisions have been met. (h) To establish, abolish, or change election precincts and militia districts according to law. (i) To allow the insolvent lists for the county. (j) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county, or by the commissioner or board of commissioners of the county. (k) To exercise, all powers, duty and authority heretofore imposed upon or vested in the commissioner of roads and revenues of Cobb County in respect to zoning and planning. (l) To create and change the boundaries of special taxing districts authorized by law. (m) To fix the bonds of county officers where same are not fixed by statute. (n) To enact any ordinances or other legislation the county may be given authority to enact. (o) To determine the priority of capital improvements. (p) To call elections for the voting of bonds. (q) To exercise all of the power and authority heretofore vested by law in the commissioner of roads and revenues of

Page 2788

Cobb County or in the Cobb County advisory board together with the power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated, except such authority or power given to the chairman by the provisions of this Act. (r) Providing that the Constitutional Amendment empowering the General Assembly of Georgia to enact legislation providing that the governing authority of Cobb County shall have the power to assess and collect license fees and occupational taxes, passed by the 1963 General Assembly is ratified, the commission shall have the power for regulatory and revenue purposes to levy, assess and collect license fees and occupational taxes from any persons, firms, or corporations, including taxicabs and cars for hire (excepting from regulation those persons, firms or corporations subject to regulation by the State Public Service Commission), who may maintain a place of business in any area of Cobb County outside the incorporated limits of municipalities; and to levy and assess such license fees and occupational taxes, the said commission shall have the right and power to classify business and to assess different license fees and taxes against different classes of business; and to provide for public welfare, health and security of the people of Cobb County, the said commission shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said county (except those subject to regulation by the State Public Service Commission) and to prescribe such rules and regulations as may be necessary to execute the powers herein granted, including the right to enforce payment of the license fees and occupational taxes by the issuance and levy of executions, and the said commission is further empowered to provide that a violation of any such regulation adopted by the said commission shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. (s) To make purchases of not less than $500.00, nor more than $5,000.00 which, in the discretion of its members, are deemed necessary for the operation of the county.

Page 2789

(t) To make purchases in amounts over $5,000.00, provided, however, that for any purchases in such amounts, advertisements for bids shall be first published for two (2) consecutive weeks in the official organ of Cobb County. Formal, sealed bids, after said advertising has been published, must be obtained on all purchases of $5,000.00 or more. Section 12. Reports of officers . The commission shall be empowered to require of all county officers reports on the general or specific conduct of the financial affairs of their respective offices. Section 13. Appointment of County officials and employees . Subject to the qualifications and limitations set out in this Act, the chairman shall have the exclusive power and authority to appoint, remove, and fix the compensation of, within budgetary provisions and in accordance with civil service and merit system laws of Cobb County which may now be in force or subsequently adopted, all employees and officials of the county, except as to: (a) Boards or positions created by State statute, and (b) elected officers. Such appointments and/or removal shall be subject to approval by the commission in the case of the comptroller and the county attorney. The fixing of compensation shall in every case be subject to approval by the commission. Section 14. Appointment to statutory positions . The appointment and removal of, and the compensation to be paid to persons filling offices and positions created by State statute, where not otherwise prescribed by such statute, shall be made and fixed by the chairman, subject to the approval of the compensation therefor by the commission, within budgetary provisions. Section 15. Executive Assistant to Chairman . The chairman may appoint, without requirement of approval by the commission, an executive assistant to the chairman. The chairman shall fix his compensation, but said compensation shall be subject to the approval of the commission and shall not be less than $7,500 per annum, payable monthly, nor more than $10,000 per annum, payable monthly. Said executive assistant shall, in general, exercise such routine

Page 2790

duties of the chairman as shall be delegated to him by the chairman. The executive assistant shall have a bachelors or masters degree from an accredited college or university in business administration, engineering or public administration or shall have had at least five years' experience in one or more of the three fields. The executive assistant shall serve at the pleasure of the chairman, who shall be authorized and empowered from time to time to increase, diminish, alter or modify the duties of the executive assistant, according to his own discretion. Section 16. Departments . The internal organization of the county government hereby established subordinate to and as administrative instrumentalities of the chairman and commission shall be divided into the following departments: 1. Finance. 2. Water and sewer. 3. Public works. 4. Public safety. 5. Fire. 6. Parks and recreation. 7. Law. 8. Buildings and inspections. 9. Zoning and planning. Additional departments may be created, or any two or more departments may be consolidated, from time to time, by a majority of the commission, except that the department of finance shall be maintained at all times as a separate and distinct department. Section 17. Department of Finance . The department of finance shall be under the supervision and control of the

Page 2791

Cobb County comptroller. The comptroller shall be appointed by the commission and shall be directly responsible to them. He shall have a bachelors or masters degree with a major in accounting or the equivalent thereof from an accredited college or university or shall have had at least five years' of experience in public accounting or five years' experience in accounting work for a Federal, State, county, or municipal governmental agency. His compensation shall be fixed by the commission, but shall not be less than $7,500 per annum, nor more than $10,000 per annum, payable monthly. The department of finance shall, pursuant to the resolutions adopted by the commission and instructions given by the chairman, perform the following functions: (1) Keep and maintain accurate records reflecting the financial affairs of the county. (2) Compile the annual budget covering all county funds. (3) Make quarterly allotments of monies appropriated and budgeted to each department, office or agency of the county entitled to receive same. (4) Maintain current accounts over the collection and deposit of monies due the county from taxes and other sources. (5) Examine all claims against the county and make recommendation as to payment. (6) Maintain budgetary control accounts showing encumbrances for obligations entered into, liquidation of such encumbrances, unencumbered balances of allotments, unexpended balances of allotments, and all unallotted balances of appropriations. (7) Maintain proprietary accounts of the current assets and of the liabilities of all county funds. (8) Prepare and issue quarterly financial reports of the operations of all county funds.

Page 2792

(9) Maintain property control records of all county property, including equipment and stores, and supervise stores. (10) Plan and prepare for meeting the financial needs of the county, project financial requirements, recommend a means of financing those requirements and advise the chairman and commission on financial matters. (11) Perform such other duties as may be assigned by the chairman and/or commission. Section 18. Records: Minutes . The comptroller shall be ex-officio clerk of the commission and chairman, and shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders and proceedings of the commission, in chronological order, and a similar book of minutes wherein shall appear, in chronological order, all acts, orders and proceedings of the chairman. The minute books of the chairman and commission shall be open to public inspection at all times during the regular office hours, and certified copies of any entries therein shall be furnished by the said clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as other funds, to be assessed by the commission in an amount sufficient to defray the cost of preparing same. Section 19. Budget and appropriations . The chairman shall submit annually to the commission, not later than December 1st, a proposed budget governing expenditures of all county funds, including capital outlay and public works projects, for the following year. The commission shall thereafter hold a public hearing on the budget, giving notice thereof at least ten (10) days in advance by publication of such notice and of the proposed budget in the official organ of Cobb County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the commission at the first regular meeting in February of the year to which it applies, which budget, when so adopted or amended by the commission, shall constitute the commission's appropriation of all funds for such year. The budget so adopted may be revised during the year only by

Page 2793

formal action of the commission in a regular meeting and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the chairman shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the chairman to the grand jury of the Superior Court of Cobb County within ten days from the time such budget or amendment thereof is adopted by the commission. Section 20. Expenditures by allotments . No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the commission. The chairman shall enforce compliance with this provision by all departments of county government, including those for elected officers, and to this end shall, through the comptroller and the department of finance institute a system of quarterly allotments of all monies appropriated and budgeted. Section 21. Audits . The commission shall on or before January 31st annually employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. 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, pointing out any irregularities found to exist, and reporting the results of such audit to the commission at least quarterly. Each quarterly and annual report submitted to the commission shall be filed with the department of finance and be made available to public inspection as other records in such office. The commission shall cause to be published in the official organ of Cobb County and posted at the courthouse door a statement of the financial condition of the county as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Cobb County a copy of each quarterly and annual report furnished by him to the commission. Section 22. Agreement of candidates . It shall be unlawfull

Page 2794

for any candidate, either for the office of chairman or commissioner, or for nomination to either of such offices, to enter into any agreement or understanding with any person as to the disposal of any work or appointment which is or shall be under the control of the chairman or commission, and any person so offending shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in the Code of Georgia. Section 23. Officials not to be interested in contracts . Neither the chairman nor any member of the commission or other county officer empowered to use public or county funds for the purchase of goods, property, or services of any kind for public or county purposes shall be financially interested, directly or indirectly, in any contract to which the county is a party, either as principal, surety or otherwise; nor shall such officer, his partner, agent, servant, or employee of a firm of which he is a member or by whom he is employed purchase from or sell to the county any real or personal property, goods, or services. Any contracts made in violation of any of the foregoing provisions shall be void, and the officer so offending shall be removed from office upon proper proceedings instituted by any taxpayer in said county in accordance with the provisions of section 23-1714 of the Code of Georgia of 1933. Section 24. Effective date . This Act, when approved and ratified by the voters of Cobb County in the referendum provided for in section 25 of this Act, shall become effective on and after January 1, 1965, except that the provisions herein contained authorizing election in 1964 of officers whose terms commence on January 1, 1965, shall become effective upon approval of this Act in said referendum. Section 25. Referendum election on Act . This Act shall become effective as provided in the preceding section 24 hereof only after the same shall have been ratified and approved by the qualified voters of Cobb County at a special election to be held for that purpose on the second Wednesday in January, 1964. At said election the qualification of voters shall be the same as now fixed by law for the qualifications of voters at special elections called to fill a vacancy

Page 2795

occurring in a county office and shall be held under all laws of this State applicable to special elections. Ballots shall be submitted to the voters at said election which shall have printed thereon the words: For ratification of the Act of the General Assembly of Georgia creating the multiple commission form of government for Cobb County, Georgia, and for abolishing the oneman commissioner form of government. Against ratification of the Act of the General Assembly of Georgia creating the multiple commission form of government for Cobb County, Georgia, and against abolishing the one-man commissioner form of government. The ballot shall be prepared so that the voter may enter a check or cross-mark in a bracket appearing on said ballot opposite each of the foregoing statements to indicate his or her choice. If a majority of those voting at said election shall vote For ratification of the Act of the General Assembly of Georgia creating the multiple commission form of government for Cobb County, Georgia, and for abolishing the one-man commission form of government this Act shall become effective as provided herein, and the Ordinary of Cobb County shall so declare and certify same to the Secretary of State as required by law. If a majority of those voting in said election shall vote Against ratification of the Act of the General Assembly of Georgia creating the multiple commission form of government for Cobb County, Georgia, and against abolishing the one-man commissioner form of government this Act shall be null, void and of no effect, and the ordinary of Cobb County shall so declare and certify the same to the Secretary of State as required by law. Section 26. Use of voting machine . If, in the opinion of the ordinary of Cobb 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 elections by means of voting machines in accordance with the provisions of the Act of the General

Page 2796

Assembly approved March 28, 1947 (Ga. L. 1947, p. 1203), as amended. Section 27. Conflicting laws repealed . All laws and parts of laws in conflict with this Act are hereby repealed. More particularly, an Act approved August 7, 1924 (Ga. L. 1924, p. 314), an Act approved August 20, 1925 (Ga. L. 1925, p. 60), an Act approved February 9, 1949 (Ga. L. 1949, p. 436), an Act approved February 11, 1952 (Ga. L. 1952, p. 2273), an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 309), an Act approved November 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2888), an Act approved November 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 302), an Act approved March 4, 1955 (Ga. L. 1955, p. 2742), an Act approved March 7, 1957 (Ga. L. 1957, p. 2632), and an Act approved January 10, 1962 (Ga. L. 1962, p. 3149), are hereby specifically repealed in their entirety. All other laws not specifically in conflict with the provisions of this Act shall not be repealed. Section 28. Separability clause . Should any court of this State declare any section, part, paragraph or clause of this Act unconstitutional or invalid for any cause or reason, then such decision shall affect only that section, part, paragraph or clause so declared to be unconstitutional and invalid, and shall not affect any other section, part, paragraph or clause of this Act. Georgia, Cobb County. Notice of Intention to Introduce Local Legislation. Pursuant to Article III, Section VII, Paragraph 15 of the Constitution of Georgia of 1945 as amended and in compliance with section 47-801 of the Georgia Code, notice is hereby given that there will be introduced at the January-February-March, 1963 session of the General Assembly of Georgia a bill to create and establish a multiple commission form of county governing authority for Cobb County and to provide for voter referendum thereon, and for other purposes.

Page 2797

This 7th day of January, 1963. Robert E. Flournoy, Jr. E. W. Teague Joe Mack Wilson Kyle Yancey Ed Kendrick State Legislators. Notice of Intention to Introduce Local Legislation. Pursuant to Article III, Section VII, Paragraph 15 of the Constitution of Georgia of 1945 as amended and in compliance with section 47-801 of the Georgia Code, notice is hereby given that there will be introduced at the January-February-March, 1963 session of the General Assembly of Georgia a bill to create and establish the office of Cobb County comptroller to provide for qualifications, duties, staff and salary therefor, and for other purposes. This 7th day of January, 1963. Robert E. Flournoy, Jr. E. W. Teague Joe Mack Wilson Kyle Yancey Ed Kendrick State Legislators. Notice of Intention to Introduce Local Legislation. Pursuant to Article III, Section VII, Paragraph 15 of the Constitution of Georgia of 1945 as amended and in compliance with section 47-801 of the Georgia Code, notice is hereby given that there will be introduced at the January-February-March, 1963 session of the General Assembly of Georgia a bill to create and establish a multiple commission form of county governing authority for Cobb County and to provide for voter referendum thereon and for other purposes.

Page 2798

This 7th day of January, 1963. Robert E. Flournoy, Jr. E. W. Teague Joe Mack Wilson Kyle Yancey Ed Kendrick State Legislators. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. W. Teague, who, on oath, deposes and says that he is Representative from Cobb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal, which is the official organ of said county, on the following dates: January 11, 18, 25 and February 1, 1963. /s/ E. W. Teague Representative, Cobb County Sworn to and subscribed before me this 21st day of January, 1963. /s/ Robert E. Flournoy, Jr. Notary Public. (Seal). Approved April 2, 1963. SUMTER COUNTYCOMPENSATION OF CORONER. No. 242 (House Bill No. 455). An Act to provide that the coroner of Sumter County shall be compensated on a fee basis supplemented by a salary rather than a fee basis; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes.

Page 2799

Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of Sumter County may supplement the fees, costs, perquisites and emoluments of whatever kind and nature received each calendar month by the coroner of Sumter County by a salary in an amount equal to the difference between the sum of such fees, costs, perquisites and emoluments of whatever kind and nature now or hereafter received by such coroner for services as such during each calendar month, and a sum to be determined by said governing authority not to exceed seventy-five ($75.00) dollars. Such salary shall be paid from the funds of Sumter County. In the event the fees, costs, perquisites and emoluments of whatever kind and nature received by such coroner for services as such, equals seventy-five ($75.00) dollars or more, he shall not receive any salary supplement, and any such fees, costs, perquisites and emoluments received by said coroner in any one calendar month in excess of seventy-five ($75.00) dollars shall not be carried forward to the next or any succeeding month in calculating the amount of salary supplement that said coroner may be entitled to receive. Section 2. It shall be the duty of the coroner of Sumter County to transmit to the governing authority of Sumter County each calendar month, a sworn statement of all fees, costs, perquisites and emoluments of whatever kind and nature received by such coroner for services as such. 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 in the January 1963 session of the General Assembly of Georgia, a bill to increase the salary of the coroner of Sumter County

Page 2800

and to set hereforth a minimum salary to be paid for this office. This 1st day of January, 1963. J. W. Sewell W. E. Blair Representatives Sumter County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. W. Sewell, who, on oath, deposes and says that he is Representative from Sumter County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Americus Times-Recorder, which is the official organ of said county, on the following dates: February 2, 9, and 16, 1963. /s/ J. W. Sewell Representative, Sumter County Sworn to and subscribed before me this 25th day of February, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved April 2, 1963. DAWSON COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 243 (House Bill No. 582). An Act to amend an Act creating the office of county tax commissioner of Dawson County, Georgia, approved February 11, 1943 (Ga. L. 1943, p. 925), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1589), and an Act approved March 21, 1958 (Ga. L. 1958, p.

Page 2801

3021), so as to change the compensation of the county 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 county tax commissioner of Dawson County, Georgia, approved February 11, 1943 (Ga. L. 1943, p. 925), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1589), and an Act approved March 21, 1958 (Ga. L. 1958, p. 3021), is hereby amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7 to read as follows: Section 7. Be it enacted by the authority aforesaid, that the county tax commissioner for Dawson County, Georgia, shall be compensated by a salary in the amount of two thousand four hundred ($2,400.00) dollars per annum, payable in equal monthly installments out of the funds of Dawson County. Section 2. The provisions of this Act shall become effective on the first of the month following its approval by the Governor or its otherwise becoming law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1963 session of the General Assembly of Georgia, a bill to change the salary of the county tax commissioner of and for Dawson County; and for other purposes. This 6th day of February, 1963. Ralph W. Bowen Representative, Dawson County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph W. Bowen,

Page 2802

who, on oath, deposes and says that he is Representative from Dawson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Dawson County Advertiser-News, which is the official organ of said county, on the following dates: February 7, 14, and 21. /s/ Ralph W. Bowen Representative, Dawson County Sworn to and subscribed before me this 28th day of February, 1963. /s/ Frank E. Blankenship Notary Public, Georgia, State at Large. My commission expires July 15, 1966. (Seal). Approved April 2, 1963. COMPENSATION OF COURT BAILIFFS IN COUNTIES HAVING A POPULATION OF MORE THAN 500,000. No. 244 (House Bill No. 469). An Act to amend an Act approved August 19, 1925 Ga. L. 1925, p. 100), as amended by an Act approved July 14, 1927 (Ga. L. 1927, p. 194), as amended by an Act approved August 15, 1927 (Ga. L. 1927, p. 135), as amended by an Act approved January 31, 1946 (Ga. L. 1946, p. 233), providing a method of fixing salaries of court bailiffs in certain counties so as to change the population requirements from 200,000 to 500,000 inhabitants or more according to the 1960 census or any future census, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, that from and after the passage and approval of this Act:

Page 2803

Section 1. The Act approved August 19, 1925 (Ga. L. 1925, p. 100), as amended by an Act approved July 14, 1927 (Ga. L. 1927, p. 194), as amended by an Act approved August 15, 1927 (Ga. L. 1927, p. 135), as amended by an Act approved January 31, 1946 (Ga. L. 1946, p. 233), providing a method of fixing salaries of court bailiffs in certain counties is hereby amended by striking the language, 200,000 inhabitants or more wherever it appears in said Act and in Acts amendatory thereof and inserting in lieu thereof the following language, 500,000 inhabitants or more according to the 1960 census or any future census. Population bracket changed. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 2, 1963. WILKES COUNTYSHERIFF, ORDINARY AND CLERK OF SUPERIOR COURT PLACED ON SALARIES, REFERENDUM. No. 245 (House Bill No. 483). An Act to place the sheriff, the ordinary, and the clerk of the superior court of Wilkes County on an annual salary in lieu of the fee system of compensation; to provide for the office expenses of said officers; to provide for the compensating of employees within such offices; to provide for the disposition of all fines, costs, fees, and commissions collected by such officers; to provide for severability; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The sheriff of Wilkes County, the ordinary and the clerk of the superior court of Wilkes County are hereby placed upon annual salaries in lieu of the fee system of compensation. Said salaries shall be in lieu of all fees, fines, forfeitures, commissions, costs, allowances, penalties,

Page 2804

funds, and all other emoluments and perquisites of whatever kind which shall be allowed said officers for their services as such. Placed on salary basis. Section 2. The sheriff of Wilkes County shall receive an annual salary of $6,500.00 per annum to be paid from the funds of Wilkes County in twelve equal monthly installments, payable on the last business day of each calendar month. Sheriff. The sheriff's office shall be provided with appropriate office equipment, supplies, postage, telephone, and appropriate personal law enforcement equipment by Wilkes County which shall be paid from the funds of said county. All purchases of equipment for use in the sheriff's office shall be approved by the board of commissioners of Wilkes County. The county shall furnish the sheriff with one automobile suitable to the requirements of law enforcement activities and provide for the maintenance and operation of said automobile. Additional automobiles may be provided by the board of commissioners in their own discretion for the use of such deputies as may be provided for from time to time. The sheriff shall appoint his own deputies, but the board of commissioners of Wilkes County shall determine the number of such deputies and shall fix the compensation of each deputy sheriff. While on official business outside the boundaries of Wilkes County the sheriff and any of his deputies shall be reimbursed for the actual costs of meals, lodging, communications, and commercial transportation by rail, bus or plane. Section 3. The clerk of the superior court shall receive an annual salary of $5,500.00 per annum, payable in twelve equal monthly installments, to be paid on the last business day of each calendar month from the funds of Wilkes County. The clerk shall be authorized to appoint a deputy clerk who shall serve at the pleasure of the clerk, and who shall receive as compensation for his services as such the sum of

Page 2805

$3,000.00 per annum, payable in the same manner as the clerk's salary. Clerk of superior court. The clerk's office shall be furnished with all necessary office equipment and supplies required for the efficient maintenance of the clerk's office by the board of commissioners of Wilkes County, payable from county funds. Section 4. The ordinary of Wilkes County shall receive an annual salary of $5,500.00 per annum, payable in twelve equal monthly installments, to be paid on the last business day of each calendar month from the funds of Wilkes County. The ordinary is authorized to employ a clerical assistant to assist him in the discharge of his official duties. Said assistant shall be compensated from the funds of Wilkes County at the rate of $10.00 per day, not to exceed 50 days during any one calendar year. The board of commissioners shall furnish suitable office equipment and supplies to the ordinary's office so as to provide for its efficient operation and the cost of such supplies and equipment shall be borne by the county. Ordinary. Section 5. The clerk, sheriff and ordinary shall diligently collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, and all other emoluments and perquisites of whatever kind heretofore allowed and received by them as compensation for their services as such officers while on the fee system and hold said collections for the sole use and benefit of Wilkes County. Each of said officers shall maintain in their respective offices, a ledger showing the sources from which all fines, costs, forfeitures, fees, commissions, and all other emoluments and perquisites of whatever kind received by each office and the respective dates upon which said emoluments accrued. Said officers shall turn over to the county fiscal authority by 5 p.m. on Saturday of each week all such receipts collected by them. Fees. Section 6. 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

Page 2806

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 7. Not less than 30 nor more than 60 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Wilkes County to issue the call for an election for the purpose of submitting this Act to the voters of Wilkes County for approval or rejection. The ordinary shall set the date of such election for a day not less than 10 nor more than 15 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Wilkes County. The ballot shall have written or printed thereon the words: For approval of the Act so as to place the Sheriff, the Ordinary, and the Clerk of the Superior Court of Wilkes County on an annual salary in lieu of the fee system. Referendum. Against approval of the Act so as to place the Sheriff, the Ordinary, and the Clerk of the Superior Court of Wilkes County on an annual salary in lieu of the fee system. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Wilkes County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the

Page 2807

election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 8. The provisions of this Act, if approved as provided for above, shall become effective January 1, 1964. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1963 session of the General Assembly of Georgia, a bill to place the sheriff, clerk of the superior court and ordinary of Wilkes County on a salary basis in lieu of a fee basis; to provide for a referendum; to provide the procedure connected therewith; and for other purposes. This 19th day of January, 1963. William R. Lindsey Representative, Wilkes County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William R. Lindsey, 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 24, January 31, and February 7, 1963. /s/ William R. Lindsey Representative, Wilkes County

Page 2808

Sworn to and subscribed before me this 25 day of February, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved April 2, 1963. CITY OF STATESBOROCHARTER AMENDED. No. 246 (House Bill No. 494). An Act to amend an Act creating a new charter for the City of Statesboro, approved August 12, 1912 (Ga. L. 1912, p. 1331), as amended, so as to give the mayor and city council power and authority to require the owner or his agent to cut any and all weeds or vegetable growth on any parcel of land within the city or any premises within the city which might endanger public health; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Statesboro, approved August 12, 1912 (Ga. L. 1912, p. 1331), as amended, is hereby amended by adding at the end of section 2 a subsection to be designated A and to read as follows: A. The mayor and city council of the City of Statesboro shall have power and authority to require the owner, or his duly authorized agent, of any lot, tract, parcel of land or premises in the City of Statesboro to cut and remove from the same, at any time that the chief of police of said city may deem necessary, any and all weeds or vegetable growth thereon which might endanger the public health. If, after fifteen (15) days from service of written notice to such owner or the owner's duly authorized agent by the chief of police of said city, the weeds or vegetable growth are not cut and removed the said mayor and city council may cut

Page 2809

and remove the same and charge the expense of the same to the owner. The mayor and city council shall have authority to enforce the collection of the charges for cutting and removing said weeds or vegetable growth when such charges are due and remain unpaid for a period of thirty (30) days, by execution to be issued by the city clerk of said city against the owner of the premises from which the weeds or vegetable growth are cut and removed and such other persons as may be liable therefor. Removal of vegetable growth. The said execution shall be a lien upon the said premises, and when recorded upon the general execution docket of Bulloch County, Georgia, shall be a lien upon all of the property of the defendant in execution from the date of such record. The notice required shall consist of a written notice delivered to the owner, or his duly authorized agent, in person or by registered mail, signed by the chief of police of the City of Statesboro and directed to the property owner in the City of Statesboro requiring such property owner within fifteen (15) days after the date of the service of such notice, to cut and remove any and all weeds or vegetable growth that may exist upon the land or premises of such property owners. The said execution shall be levied and the property sold in the manner now provided for the levy and collection of taxes by said City of Statesboro, and defenses available to the defendant in execution as well as the proceedings for filing a claim to the property levied upon by third persons, shall in all respects be similar to the proceedings and provisions of the law applicable to the levy of execution for taxes by said city. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Bulloch County. Personally before me, an officer authorized to administer oaths, appeared Leodel Coleman, who on oath states that he is the publisher of the Bulloch Herald which is the official organ of Bulloch County and the City of Statesboro and that

Page 2810

the annexed notice of intention to introduce local legislation was published in said organ on February 7, 14 and 21, 1963. Notice. Notice is hereby given that there will be introduced a bill in the 1963 session of the General Assembly to empower the City of Statesboro to require the owner of any land in said city to cut and remove from same any weeds or vegetable growth thereon which, in the opinion of the mayor and council, might endanger the public health; and to provide for notice to the owner of said lot to remove said weeds or vegetables growth and upon the failure of said owner to do so that the city may be empowered to take the necessary steps to clear said land and to charge the same to the owner and to issue a general execution against the owner upon his failure to pay said charges; and for other purposes to empower the city to require the owner of property to remove rank vegetation or other growth that creates a fire or traffic hazard or a nuisance due to unsightliness; and for other purposes. This the 5th day of February, 1963. City of Statesboro, W. A. Bowen, Mayor. This the 25th day of February, 1963. /s/ Leodel Coleman Sworn to and subscribed before me this the 25th day of February, 1963. /s/ Virginia K. Kern Notary Public, Georgia, State at Large. (Seal). Approved April 2, 1963.

Page 2811

CITY OF HAZLEHURSTCORPORATE LIMITS. No. 248 (House Bill No. 503). An Act to amend an Act reincorporating the City of Hazlehurst, approved December 22, 1953 (Ga. L. Nov.-Dec. Sess., p. 2925), as amended, so as to extend and redefine 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 reincorporating the City of Hazlehurst, approved December 22, 1953 (Ga. L. Nov.-Dec. Sess., p. 2925), as amended, is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. The corporate limits of the City of Hazlehurst shall be and is hereby defined and described as follows: Beginning at a concrete post on the northwest boundary of the right-of-way of Burkett's Ferry Public Road at a point 4505 feet (straight line) from the center of the intersection of Latimer and South Williams Street near the southwest corner of the city hall of said City of Hazlehurst (said designated point being located by a survey made by E. E. Singletery, surveyor, with the courses, distances and angles from which said straight line was ascertained as follows: Commencing at center of the intersection of Latimer and South Williams Streets as aforesaid and running north 43 degrees west 2324.2 feet to a point at end of Latimer Street; thence at an exterior angle of 40 degrees 43 minutes to the left, said line running north 83 degrees west a distance of 1070.4 feet to a point on the Burkett's Ferry Public Road; thence at an exterior angle of 11 degrees and 24 minutes to the right, said line running north 72 degrees west a distance of 1331.7 feet to a concrete marker which is the established beginning point of said city limits; and from said beginning point of said corporate limits, running at an angle of 60 degrees to the right north 47 degrees 15 minutes

Page 2812

east a distance of 5592 feet more or less to a concrete post on the northeast side of the right-of-way of U. S. Highway Number 23, said post being 6032 feet (straight line) from the `tie-in-point' at Latimer and South Williams Streets near the city hall; thence at an exterior angle of 52 degrees to the right, running bearing of south 83 degrees and 45 minutes east a distance of 3222 feet more or less to a concrete marker on the southeast side of right-of-way of State Highway Number 135, said marker being 6460 feet (straight line) from the `tie-in-point' at Latimer and South Williams Streets near city hall; thence at an exterior angle of 41 degrees to the right and bearing south 42 degrees 45 minutes east a distance of 3890 feet more or less, to a point; thence at an exterior angle of 34 degrees to the right and being a bearing south 6 degrees 00 minutes east a distance of 4596 feet, more or less, to a concrete post on the northeast side of the right-of-way of U. S. Highway Number 341, and said point being 6580 feet (straight line) from the `tie-in-point' at Latimer and South Williams Streets near city hall; thence at an exterior angle 85 degrees to the right, and bearing of south 79 degrees 00 minutes west a distance of 3615 feet, more or less, to a concrete marker at the end of Curry Street, said marker being 3790 feet (straight line) from the `tie-in-point' at Latimer and South Williams Streets near city hall; thence at an exterior angle of 53 degrees to the left and being a bearing of south 27 degrees 45 minutes west a distance of 2347 feet, more or less, to a concrete marker on the northeast side of the right-of-way of State Highway Number 15, and said point being 5010 feet (straight line) from the `tie-in-point' at intersection of Latimer and South Williams Streets near city hall; thence at an exterior angle 53 degrees to the right and a bearing of south 79 degrees 00 minutes west a distance of 4135 feet, more or less, to a concrete marker on the northeast side of the right-of-way of the Old Hazlehurst-Douglas Public Road, said marker being 5970 feet (straight line) from the `tie-in-point' at intersection of Latimer and South Williams Streets near city hall; from thence run north 78 degrees 4 minutes west for 2035.9 feet to a point on the west side of the Hazlehurst-Douglas road right-of-way (State Highway 135), from thence run north 60 degrees 5 minutes west for

Page 2813

3060.6 to a point on the west side of the Hazlehurst-Broxton Road right-of-way, from thence run north 12 degrees 3 minutes east for 2348.4 feet to the southeast side of the Pat Dixon Road, from thence run north 31 degrees 20 minutes west on or near the Rogers Farm Road for 2974.6 feet to a point on said road 4 feet north of the north bank of a big ditch or canal (this point being south 6 degrees 8 minutes west 743 feet from the point the center of the Rogers Farm Road intersects the north side of the Burkett Ferry Road), from thence run in a westerly direction 4 feet north of the bank of said canal until it reaches the north side of the Burkett Ferry Road right-of-way (to reach this point start at the point where the center of Rogers Farm Road and north side of Burkett Ferry Road intersects and run north 86 degrees 17 minutes west for 218 feet, and thence run south 83 degrees 17 minutes west for 834.2 feet and thence south 80 degrees 16 minutes west for 90 feet), thence run south 80 degrees 16 minutest west along the north side of the Burkett Ferry Road for 734.3 feet, then run north 1 degree no minutes west for 1478 feet, then run north 88 degrees 13 minutes east for 2607.6 feet, and thence run north 57 degrees 49 minutes east for 4562 feet to the point where the northern boundary of the limits of said city as defined in said Act of 1953 corners on the Hazlehurst-Lumber City Road (U. S. Highway 341). Said limits of the City of Hazlehurst, Georgia as herein defined includes all land shown on that plat or map of the City of Hazlehurst, Georgia, surveyed January, 1953, map drawn February 10, 1953 by E. E. Singletery, Registered Surveyor, with city extension information shown thereon by measured lines and bearings by James Alva Wooten, Registered Surveyor, recorded February 22, 1963, in plat book 2, page 31 for Jeff Davis County, Georgia, reference to the same and record thereof being made for all necessary purposes, and in addition to the corporate limits designated aforesaid, and for the purpose of protecting the peace, good order, morals, well being of said city and the inhabitants thereof, and the protection and supervision of its sewerage disposal plant, and outside sewerage and water service, the corporate limits, for the jurisdictional purposes with no taxing

Page 2814

or assessment rights, shall extend to and over all lands controlled by said City of Hazlehurst for waterworks, sewerage, drainage or cemetery purposes outside of the corporate limits described as corporate limits and the governing authorities shall have full authority and power to make and enforce all laws, bylaws, rules and regulations as considered necessary and proper to protect the land, premises, and all rights and interest therein as completely as if the same were located within the defined and described corporate limits of said City of Hazlehurst. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice Regarding Intention to Introduce Local Bill. Notice of intention to introduce a local bill in the General Assembly of Georgia. Notice is hereby given of my intention to introduce a bill in the present session of the General Assembly of Georgia to enlarge the present boundaries of the City of Hazlehurst as requested by its mayor and commissioners, and to amend its charter accordingly. This February 4, 1963. James L. Conner Representative of Jeff Davis County in the General Assembly of Georgia Georgia, Jeff Davis County. Personally appeared before me, James L. Conner, who being duly sworn deposes and on oath says that the notice appearing above was published in the Jeff Davis County Ledger in its issues of Feb. 7, and Feb. 14, and Feb. 21, of 1963. Further, that said newspaper is published in Jeff Davis County, Georgia, and is the one in which sheriff's sales are advertised. Further that he is the elected Representative and author of proposed bill concerning Hazlehurst and Jeff Davis County. /s/ James L. Conner

Page 2815

Sworn to and subscribed to before me, this 23 day of February 1963. /s/ K. S. Martin Notary Public, Jeff Davis County, Georgia. My commission expires June 10, 1964. (Seal). Approved April 2, 1963. CITY OF RIVERDALECHARTER AMENDED, REFERENDUM. No. 251 (House Bill No. 553). An Act to amend an Act incorporating the City of Riverdale, State of Georgia, approved February 13, 1956 (Ga. L. 1956, p. 2205), as amended, by an Act approved March 7, 1957 (Ga. L. 1957, p. 2791), an Act approved March 17, 1960 (Ga. L. 1960, p. 2737), and an Act approved February 27, 1962 (Ga. L. 1962, p. 2345), so as to provide and define wards in the City of Riverdale; to provide that each ward shall have one councilman; to provide for the minimum qualifications of the mayor and councilmen; to authorize an annual salary for said mayor and councilmen; to authorize the employment of a city manager; 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 Riverdale, State of Georgia, approved February 13, 1956 (Ga. L. 1956, p. 2205), as amended, by an Act approved March 7, 1957 (Ga. L. 1957, p. 2791), an Act approved March 17, 1960 (Ga. L. 1960, p. 2737), and an Act approved February 27, 1962 (Ga. L. 1962, p. 2345), is hereby amended by inserting between sections 7 and 8 a new section 7A to read as follows: Section 7A. The City of Riverdale is hereby divided into four wards, the description of each ward as follows:

Page 2816

Ward 1 . Beginning at the intersection of Highway #85 and Main Street in Riverdale thence running westerly along the center of Main Street to Church Street; thence north eighty-eight (88) degrees west to the western city limit line, as the same is established now or may be re-established in the future; thence running generally north northeast along the western boundary line of said city to the center line of highway #85; thence running south along the center line of highway #85 to the point of beginning. Wards. Ward 2 . Beginning at the center line of highway #85 and Main Street in said city; thence running north along the center line of highway #85 to the northern city limit lines as they are now established or may by re-established in the future; thence running east and south along the northeast and eastern boundary lines of said city to the center of Valley Hill Road; thence running generally westerly along the center line of Valley Hill Road to the center of highway #85 and the point of beginning. Ward 3 . Beginning at the center line of highway #85 and Main Street in said city; thence running generally easterly along the center line of Valley Hill Road to the eastern city limit line as they are now established or may be reestablished in the future; thence running generally south southwesterly along the southeasterly and southerly city limit lines to the center of highway #85; thence running northerly along the center of highway #85 to the Main Street intersection and point of beginning. Ward 4 . Beginning at the center of highway #85 and Main Street in said city; thence running along the center line of highway #85 in a southerly direction the present city limit lines or as they may be extended in the future; thence running generally west northwest along the southerly and westerly boundary lines of said city limits to a point on the western boundary where ward #1 intersects the city limit line; thence running easterly along ward #1 southern boundary line to the center of highway #85 and point of beginning. Section 2. Said Act is further amended by striking section

Page 2817

8 in its entirety and inserting in lieu thereof a new section 8 to read as follows: Section 8. Election, oath, meetings, and vacancies . Beginning on the second Saturday in December, 1963, and biennially thereafter, there shall be elected for said city, one councilman from ward #2 and one councilman from ward #4. Beginning on the second Saturday in December, 1964, and biennially thereafter, there shall be elected for said city, one councilman from ward #1 and one councilman from ward #3. The terms of office for all councilmen shall be for two years and said councilmen shall take office on the first Monday in January next, following their election and shall hold office until their successors are elected and qualified. On the second Saturday in December, 1957, and biennially thereafter, there shall be elected a mayor whose term of office shall be for two years, who shall take office on the first Monday in January next, following his election and who shall hold office until his successor is elected and qualified. Said election shall be held on a city-wide basis by majority vote and in order for a candidate to be eligible to qualify as a candidate in addition to the other qualifications enumerated in the charter, he must reside in the ward for at least thirty (30) days prior to said election. In the event a councilman after taking office moves his residence from the ward which he represents, mayor and council shall declare his office vacant and it shall be filled as any other vacancy in said city government. At the first regular meeting of the mayor and council, after their election, they shall meet in the city hall or other designated place in said city and then and there 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 Riverdale 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 oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such

Page 2818

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 that the office of mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen in 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 selected shall be duly qualified to fill such vacancies for the unexpired term provided it does not exceed twelve months. Mayor and councilmen. Section 3. Said Act is further amended by striking section 15 in its entirety and inserting in lieu thereof the following: Section 15. Qualifications of Mayor and Councilmen and Notice of Candidacy : No person shall be eligible for the office of mayor or councilman of said city unless he shall have been a resident in said city for a period of one year immediately preceding the time that he qualifies to run for the office; shall have attained or passed his twenty-fifth birthday, and shall be a qualified voter in municipal elections for officers of said city, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time in said city. Name of no candidate for either mayor or councilman shall be placed on the ballot in election for mayor and councilman unless such candidate shall have filed with the clerk of said city fifteen (15) days prior to the election in which he desires to be a candidate (legal holidays and Sunday excluded) his written notice that he desires that his name be placed on said ballot as a candidate either for mayor or councilman and shall have paid a qualifying fee of twenty-five ($25.00) dollars if he is a candidate for mayor, and a qualifying fee of fifteen ($15.00) dollars if he is a candidate for councilman. Such written notice shall be in such form and contain such information as the mayor and council may provide by ordinance. No person shall be eligible for the office of mayor and council of said city unless such person

Page 2819

shall file the above notice within the time prescribed herein and have paid his qualifying fee. Section 4. Said Act is further amended by striking from section 21 the following: However, the salary of the mayor of said city shall not exceed the sum of $75.00 per year, and the salary as councilmen of said city shall not exceed the sum of $50.00 per year. and inserting in lieu thereof the following language: However, the salary of the mayor of said city shall not exceed the sum of $150.00 per year, and the salary as councilmen of said city shall not exceed the sum of $100.00 per year. so that when so amended said section 21 shall read as follows: Section 21. City Officers . Be it further enacted, that at the first regular meeting of the mayor and council in January, 1961, and annually thereafter, the mayor and council shall elect a city clerk and treasurer; said treasurer to give bond with security in the sum of three thousand dollars for the faithful performance of his duties; a marshal who may be chief of police and as many policemen and policewomen as in the judgment of the mayor and council shall be necessary; a city attorney and recorder and such other officers as the mayor and council shall deem necessary in the good government of the city. Each of said officers shall take such oaths; perform such duties and give such bonds as the mayor and council may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the City of Riverdale. Said mayor and council shall have the power and authority to suspend and remove said officers, on their discretion; and it shall be the duty of the mayor and council to fix the salaries of said mayor and council and salaries or compensation for all other officers, agents and employees of said city, which, when once fixed, shall not be increased during the term of office of the said mayor, council or officers. However, the salary of the mayor of said city shall not exceed the sum of $150.00 per year, and the salary as councilmen of said city shall not exceed the sum of $100.00 per year. All expenditures of the mayor and council for city purposes shall be paid out of the city funds by an order drawn by the city clerk, after the mayor and council have allowed the same. The mayor and council may, at anytime,

Page 2820

employ as many policemen for said city for such length of time as said mayor and council may deem necessary for the safety and protection of the citizens of said city, the salaries of such policemen to be fixed by the mayor and council as above provided, in accordance with the provisions of this charter. Section 5. Said Act is further amended by inserting between sections 21 and 22 a new section 21A to read as follows: Section 21A . The mayor and council of the City of Riverdale are authorized to create in the city government of said city the office of city manager. The city manager shall be chosen solely on the basis of his executive and administrative qualifications, and need not when appointed be a resident of the City of Riverdale or of the State of Georgia. No member of the mayor and council shall be chosen a city manager. City manager. The city manager shall be appointed for a term to be agreed upon by him and the mayor and council of the City of Riverdale, but said term in no event shall exceed five years, during which time the said city manager shall not be removed from office except for cause. The salary of the city manager shall be set in the agreement between him and the mayor and council of the City of Riverdale, and shall not be diminished during the term of his office unless by his consent or in the event he is dismissed from office for cause by the mayor and council of said city. The city manager shall implement the policies of the mayor and council as such policies are expressed by ordinances and resolutions. The mayor and council shall prescribe such other duties to be performed by the city manager as might be consistent with law, but no duty shall be so assigned which devolves by law upon officers of said city elected by the people.

Page 2821

Before any provision of this section relating to the appointment of a city manager for the City of Riverdale shall be valid and effective, the question and desirability of having a city manager for said city shall first be decided upon and approved by a majority of the qualified voters of said city, and after the approval of this Act, the persons having the responsibility of conducting and managing elections in the City of Riverdale may, in their discretion, call an election at any time to submit to the qualified voters of said city the question as to whether the City of Riverdale should have a city manager as set forth by the terms of this Act. Notice of the election shall be published once a week for four weeks prior to the date of said election in the official organ of said city. The ballots shall have printed thereon the words: For appointment of a city manager by the mayor and council of Riverdale. Against appointment of a city manager by the mayor and council of Riverdale. Referendum. The qualified voters voting at said election shall specify their preference by placing an X mark to the left of the paragraph expressing their choice, and the plan receiving a majority of the votes cast shall go into effect, and if the voters specify by a majority vote that they are in favor of a city manager being appointed, then said mayor and council of the City of Riverdale shall endeavor to select said city manager within a reasonable time thereafter. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Clayton. Publisher's Affidavit. Before me, the undersigned, an officer authorized to administer oaths, came J. Herman House, Jr., who, being first duly sworn, according to law, says that he is the publisher of the Forest Park News, 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 January 31, 1963, and once a week thereafter for two weeks as provided by law.

Page 2822

Notice is Hereby Given of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January, 1963, 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 provide for the minimum qualifications of the mayor and councilmen and to authorize an annual salary; to authorize the employment of a city manager; to provide for the registration of voters in the city; to provide and define wards for councilmen in said city, and to provide for the repeal of any and all laws in conflict herewith, and for other purposes. John R. McCannon for A. T. Gary, Mayor City of Riverdale Published weeks of January 31, 1963, February 7, 1963 and February 14, 1963. /s/ J. Herman House, Jr. Publisher Sworn to and subscribed before me this the 22 day of February, 1963. /s/ Joan J. Morton Notary Public. (Seal). Approved April 2, 1963.

Page 2823

CITY OF SALE CITYELECTIONS. No. 252 (House Bill No. 519). An Act to amend an Act entitled An Act to incorporate the City of Sale City, in the County of Mitchell, and State of Georgia, and for other purposes, approved August 12, 1910, so as to change the date for the holding of the election for the mayor and aldermen from the first Wednesday in January to the first Wednesday in December, and to provide that from and after January 1, 1964, the mayor and aldermen shall be elected for a period of two years; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the City of Sale City, in the County of Mitchell, and State of Georgia, and for other purposes, approved August 12, 1910 (Ga. L. 1910, p. 1117) is hereby amended by striking section 4 thereof and inserting a new section 4 to read as follows: Section 4. Be it further enacted, that on the first Wednesday in December, 1963, and every two years thereafter, there shall be elected a mayor and five councilmen, whose term of office shall be for two years from the first day of January, following their election, and until their successors are elected and qualified. In case of a vacancy from any cause, the remaining mayor and councilmen shall perform all the duties of the council; provided, that there is a mayor, or mayor-pro tem. and a quorum of councilmen. In case there is not a quorum of councilmen, the remaining members of the council shall call an election to fill such vacancy, after giving ten days written notice, to be held under the same rules and regulations that general elections are held. The said mayor and council shall have authority to adopt the necessary ordinances providing for all rules and regulations to govern the holding of all elections, governing registration, voting, declaring the results, filing and hearing contests, and all other matters connected therewith. A mayor-pro

Page 2824

tem. shall be elected by the mayor and council, who shall discharge all the duties of the mayor in his absence, disqualification, or inability to act. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Mitchell County. In person before the undersigned certifying officer, appeared B. T. Burson, who after being duly sworn, deposes, says and certifies that he is publisher of The Camilla Enterprise, a newspaper published in said county and in which the advertisements of the sheriff of said county are published, and that the attached notice of proposed legislation has been published in the Camilla Enterprise on the following days, to-wit: February 14, February 21 and February 28, 1963. /s/ B. T. Burson Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1963, session of the General Assembly of Georgia, a bill to be entitled an Act to amend an Act incorporating the City of Sale City, in Mitchell County, Georgia, so as to change the date for the election of the mayor and council from the first Wednesday in January of each year to the first Wednesday in December, and to provide that the term of the mayor and councilmen shall be for two years; to repeal conflicting laws; and for other purposes. This the 11 day of February, 1963. Frank S. Twitty Representative, Mitchell County Sworn to and subscribed before me this the 2 day of March, 1963. /s/ A. B. Eubanks Commission expires Jan. 1, 1965. Approved April 2, 1963.

Page 2825

CITY OF MENLONAME CHANGED FROM TOWN OF MENLO. No. 253 (House Bill No. 524). An Act to amend an Act incorporating the Town of Menlo, approved August 11, 1903 (Ga. L. 1903, p. 588), as amended, so as to change the name from the Town of Menlo to the City of Menlo; 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 Menlo, approved August 11, 1903 (Ga. L. 1903, p. 588), as amended, is hereby amended by striking from section 1 the words the Town of Menlo and substituting in lieu thereof the words City of Menlo. Section 2. Said Act is further amended by striking from all the other sections therein the word Town wherever it appears and substituting in lieu thereof the word City. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit. Georgia, Chattooga County. Before me the undersigned officer authorized to administer oaths personally appeared D. T. Espy, who on oath says that he is publisher of The Summerville News, being of general circulation and being the newspaper in which the sheriff's advertisements of Chattooga County, Georgia, are published, and that legal notice, a true copy of which is hereto attached, being a notice of intention to apply for local legislation, was duly published in The Summerville News once a week for three weeks as required by law; Said dates of publication being February 14, 21 and 28, 1963. /s/ D. T. Espy

Page 2826

Sworn to and subscribed before me this 28th day of February, 1963. /s/ Robert Edward Surles Notary Public, Chattooga County, Georgia. My commission expires March 6, 1965. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned, in response to a request by the mayor and council of the Town of Menlo, Georgia, intends to apply to the General Assembly of Georgia at the 1963 session thereof for the passage of a bill to amend the charter of the Town of Menlo, as enacted by Georgia Laws 1903, page 588 et seq., as amended, which bill will change the name of the Town of Menlo, Georgia to the City of Menlo, Georgia. This 13th day of February, 1963. James H. Floyd Representative from Chatooga County in the General Assembly of Georgia Approved April 2, 1963. BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY. No. 254 (House Bill No. 558). An Act to provide for the appointment and terms of office of members of the Brunswick and Glynn County Development Authority, as authorized by an amendment to the Constitution of the State of Georgia, ratified November 6, 1962 (Ga. L. 1962, p. 810); to provide for their qualifications; to provide for definitions; to provide for the control, duties, authority and powers of the Authority; to repeal conflicting laws; and for other purposes.

Page 2827

Be it enacted by the General Assembly of Georgia: Section 1. The five members of the Brunswick and Glynn County Development Authority shall be appointed in the following manner: Two members shall be appointed by the commissioners of the City of Brunswick, Georgia; two members shall be appointed by the commissioners of roads and revenue of Glynn County, Georgia; and one member shall be appointed by the board of directors of the Brunswick-Glynn County Chamber of Commerce, Inc., from among the membership of said chamber of commerce when appointed. No member of the Authority shall be an elected official of any government or a member of any other authority in the State of Georgia, County of Glynn or City of Brunswick, and the election of a member of the authority to a public office or the appointment of a member to any other authority shall automatically terminate the membership of such member on the authority. All members shall be residents of Glynn County either within or without the City of Brunswick. Members. Section 2. The first five members of the authority shall serve for the following terms: The member appointed by the board of directors of the Brunswick-Glynn County Chamber of Commerce, Inc., shall serve until April 1, 1964; one of the members appointed by the commissioners of the City of Brunswick, Georgia, shall serve until April 1, 1965, and the other member appointed by said commissioners shall serve until April 1, 1967; and one of the members appointed by the commissioners of roads and revenues of Glynn County, Georgia, shall serve until April 1, 1966, and the other member appointed by said commissioners shall serve until April 1, 1968. Each such appointment by the city commissioners and the county commissioners shall designate the person appointed and the term for which such person is to serve. Terms, oath. The term of all subsequent appointments shall be for five years. In the event of a vacancy in the membership of the authority by reason of the death or resignation of a member or otherwise, the body who appointed the member to the

Page 2828

office which is vacant shall fill such vacancy by appointment for the unexpired term. Upon appointment each member shall take an oath before a notary public or other officer authorized to administer oaths that he will truly and faithfully perform the duties of a member of the Authority. 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 Brunswick and Glynn County Development Authority. (b) The word project shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of industry, commerce, agriculture, natural resources and vocational training; the construction of buildings and plants for the purpose of selling, leasing or renting such structures to private persons, firms or corporations. Definitions. (c) The term cost of project shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation. Section 4. The County of Glynn and the City of Brunswick are expressly authorized to enter into contracts with the authority as a public corporation. Contracts. Section 5. Any three members of the authority shall constitute a quorum for the transaction of the ordinary business

Page 2829

of the authority. However, any action with respect to any project of the authority shall be approved by not less than three affirmative votes. Quorum. Section 6. The authority shall have the power: (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 with the County of Glynn and the City of Brunswick. (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 or dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in the County of Glynn or the City of Brunswick, the governing authorities of Glynn County and the City of Brunswick 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 rentals and sale of project, 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, equip, operate and manage projects,

Page 2830

self-liquidating or otherwise, located on property owned or leased by the authority, and to pay the cost of any such project from the proceeds of revenue-anticipation certificates of the Authority or from any grant from the County of Glynn or City of Brunswick, or from any contribution or loans by persons, firms or corporations, all of which the authority is hereby authorized to receive and accept and use. (h) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. (i) To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia. (j) To do all things necessary or convenient to carry out the powers expressly conferred by this Act. (k) To adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business. (l) To issue revenue-anticiaption certificates for the purpose of paying all or any part of the cost of any project of the authority. Such revenue-anticipation certificates shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. L. 1937, pp. 761-774), and as subsequently amended, providing for the issuance of revenue-anticipation certificates. Section 7. All lands and improvements and personal property the title to which is vested in the authority, and all debentures, notes, bonds and revenue-anticipation certificates issued by the authority, and all income earned

Page 2831

therefrom by the holders of said evidences of indebtedness, shall be exempt from State and local taxation. Property. Section 8. The authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Glynn or the City of Brunswick, but the Authority is authorized and empowered to take over the assets and the activites of the Brunswick-Glynn County Industrial Development Corporation, a non-profit corporation having its principal office and place of business in the City of Brunswick, Glynn County, Georgia, and to assume and to pay any outstanding bonds, notes and debentures of said corporation, the proceeds of which have been used for projects and development purposes as herein defined as functions of the authority. Debts. Section 9. The books and records of the authority shall be audited at least annually, at the expense of the authority, by a competent auditor. The authority shall furnish copies of said audit to the County of Glynn and the City of Brunswick. Audits. Section 10. This Act being for the purpose of developing and promoting the public good and welfare of the County of Glynn and the City of Brunswick and their inhabitants, shall be liberally construed to effect the purposes hereof. Intent. Section 11. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Severability. Section 12. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1963 session of the Georgia General Assembly a bill to provide for appointment and terms of office of members of the Brunswick and Glynn County Development

Page 2832

Authority, to provide for the control, authority, duties, and powers of said authority, and for other purposes. Joseph A. Whittle Chairman of the Legislative Committee Brunswick-Glynn County Chamber of Commerce. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William R. Killian and Joe Isenberg, 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: February 16, February 23, and March 1, 1963. /s/ William R. Killian /s/ Joe Isenberg Representatives, Glynn County Sworn to and subscribed before me this 4th day of March, 1963. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My commission expires Oct. 6, 1964. (Seal). Approved April 2, 1963.

Page 2833

TOWN OF SHELLMANAD VALOREM TAX RATE. No. 255 (House Bill No. 532). An Act to amend an Act incorporating the Town of Shellman in the County of Randolph, approved September 5, 1883 (Ga. L. 1882-83, p. 318), as amended, particularly by an Act approved August 14, 1914 (Ga. L. 1914, p. 1181), so as to change the millage rate limit upon all property subject to levy by the mayor and city councilmen; 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 Shellman in the County of Randolph, approved September 5, 1883 (Ga. L. 1882-83, p. 318), as amended, particularly by an Act approved August 14, 1914 (Ga. L. 1914, p. 1181), is hereby amended by striking from section 7 the words seven mills and substituting in lieu thereof the words a rate of twenty mills so that when so amended said section 7 shall read as follows: Section 7. Be it further enacted, That the mayor and councilmen shall have power to levy and collect a tax of not exceeding a rate of twenty mills upon all property, both real and personal within the corporate limits of said town, and the same may be enforced by the execution and levy and sale of property as in case of sales of property liable for State and county taxes; all levies of tax executions to be by marshal or his deputy, and to be conducted as sales by the sheriffs of this State in cases of levy of tax executions. They shall also have power to require all persons within said corporate limits who are subject to road duty under the laws of this State to work on the streets of said town or they may prescribe a commutation tax which may be paid in lieu of work on the streets; provided, that no provisions of this Act shall in anywise effect the present law which provides for a right delegated to the councilmen of the City of Shellman to levy a special ad valorem tax of two and one-half mills for school purposes.

Page 2834

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 intends to introduce legislation in the General Assembly of Georgia, 1963 session, to amend the charter of the City of Shellman, Georgia, changing the property tax rate in said city; and for other purposes. A'Delbert Bowen Representative, Randolph County Georgia, Fulton County. Personally appeared before me, the undersigned authority, 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, Cuthbert, Ga., which is the official organ of said county, on the following dates: February 14, 21, and 28, 1963. /s/ A'Delbert Bowen Representative, Randolph County Sworn to and subscribed before me this 4th day of March, 1963. /s/ Kathryn Rule Notary Public. Commission expires 1-30-65. (Seal). Approved April 2, 1963.

Page 2835

CITY OF SYLVANIACITY MANAGER, REFERENDUM. No. 256 (House Bill No. 536). An Act to amend an Act incorporating and granting a new charter to the City of Sylvania; prescribing the corporate limits; providing for the corporate powers; providing the form of government; providing for all ordinances, rules, regulations and resolutions of said city now in force and not in conflict with this Act to be preserved, continued of force and remain valid and binding until the same are repealed or amended, approved March 1, 1963 (Act No. 18, passed at the 1963 session of the General Assembly), 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 powers; to provide for the procedure connected therewith; to provide for a referendum; 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 incorporating and granting a new charter to the City of Sylvania; prescribing the corporate limits; providing for the corporate powers; providing the form of government; providing for all ordinances, rules, regulations and resolutions of said city now in force and not in conflict with this Act to be preserved, continued of force and remain valid and binding until the same are repealed or amended, approved March 1, 1963 (Act No. 18, passed at the 1963 Session of the General Assembly), is hereby

Page 2836

amended by striking section 26 in its entirety and inserting in lieu thereof a new Section 26 to read as follows: Section 26. Mayor's duties and powers . 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. Section 2. Said Act is further amended by striking section 29 in its entirety and inserting in lieu thereof a new section 29 to read as follows: 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 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 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. Section 3. Said Act is further amended by striking section 30 in its entirety and inserting in lieu thereof a new section 30 to read as follows: Section 30. City Manager . The city council after the

Page 2837

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 4. Said Act is further amended by adding thereto a new section to be known as 30A to read as follows: Section 30A. 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 Sylvania and shall devote his entire time to the duties of his office and shall not engage in any other business or profession. Section 5. Said Act is further amended by adding thereto a new section to be known as 30B to read as follows: Section 30B. 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 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

Page 2838

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 Sylvania; said department heads shall make written requisition for the needs of their department and present 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

Page 2839

by the city clerk, after an approving resolution of city council. Section 6. Said Act is further amended by adding thereto a new section to be known as 30C to read as follows: Section 30C. 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 7. Said Act is further amended by adding thereto a new section to be known as 30D to read as follows: Section 30D. 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 8. Said Act is further amended by striking from section 31 the words The mayor and city council may make provisions by ordinance and inserting in lieu thereof the

Page 2840

words The city manager is authorized at his discretion, so that when so amended section 31 shall read as follows: Section 31. Combination of offices, authorized . The city manager is authorized at his discretion to combine two or more of the city officers 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 9. Said Act is further amended by striking from section 36 the words administration of the municipal affairs and inserting in lieu thereof the words best interest, so that when so amended section 36 shall read as follows: Section 36. 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 10. Said Act is further amended by striking section 44, providing that the office of city clerk may be combined with any other city office or offices in the discretion of the mayor and city council and providing that the person appointed to such combination of offices shall, during the time such offices are consolidated, have 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, in its entirety. City clerk. Section 11. Not less than ten nor more than thirty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the governing authority of the City of Sylvania to issue the call for an election for the purpose of submitting this Act to the voters of the City of Sylvania for approval or rejection. The governing authority shall set the date of such election for a day not less than forty nor more than sixty days after the date of the issuance of the call. The governing authority of the City of Sylvania shall cause the date and purpose of the

Page 2841

election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Screven County. The ballot shall have written or printed thereon the words: For approval of the Act incorporating and granting a new charter to the City of Sylvania, so as to provide for a city manager form of government. Referendum. Against approval of the Act incorporating and granting a new charter to the City of Sylvania, so as to provide for a city manager form of government. 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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Screven County. It shall be the duty of the governing authority of the City of Sylvania 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 governing authority 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 12. 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 1963 session of the General Assembly of Georgia to amend the charter of the City of Sylvania, 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.

Page 2842

This 19th day of January, 1963. H. Walstein Parker, Representative, Screven County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Walstein Parker, who, on oath, deposes and says that he is Representative from Screven County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Screven County News, which is the official organ of said county, on the following dates: Jan. 24 31, Feb. 7, 1963. /s/ H. Walstein Parker Representative, Screven County Sworn to and subscribed before me this 20 day of February, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My commission expires Mar. 17, 1964. (Seal). Approved April 2, 1963. McINTOSH COUNTYCOMPENSATION OF ORDINARY. No. 257 (House Bill No. 539). An Act to amend an Act relating to the compensation of the ordinary of McIntosh County approved January 31, 1952 (Ga. L. 1952, p. 2008), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3127), so as to provide for a change in the monthly compensation of the

Page 2843

ordinary of McIntosh County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the compensation of the ordinary of McIntosh County approved January 31, 1952 (Ga. L. 1952, p. 2008), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3127), is hereby amended by striking from section 1 the figure 125.00 and inserting in lieu thereof the figure 175.00, so that when so amended section 1 shall read as follows: Section 1. That the ordinary of McIntosh County shall receive the sum of $175.00 per month in addition to any fees or compensation now received by said ordinary. The said sum of $175.00 shall be paid out of the general funds of McIntosh County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that upon request of the board of county commissioners, there will be introduced at the regular 1963 session of the General Assembly of Georgia a bill to increase the compensation of the ordinary of McIntosh County, and for other purposes. This 19th day of January, 1963. /s/ Daniel H. White Representative, McIntosh County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Daniel H. White, who, on oath, deposes and says that he is Representative from McIntosh County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

Page 2844

The Darien News, which is the official organ of said county, on the following dates: Jan. 24 31, Feb. 7, 1963. /s/ Daniel H. White Representative, McIntosh County Sworn to and subscribed before me this 4th day of March, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved April 2, 1963. MOUNT ZION, TURKEY CREEK AND FLINT CORNER DEVELOPMENT AUTHORITY. No. 258 (House Bill No. 552). An Act to create the Mount Zion, Turkey Creek and Flint Corner Development Authority; to provide the purpose, duties, control, organization and powers of said Authority; to provide for issuing revenue-anticipation certificates and for the validation of such certificates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, as follows: Section 1. This Act may be cited as the Mount Zion, Turkey Creek and Flint Corner Development Authority. Short title. Section 2. There is hereby created a body corporate and politic to be known as the Mount Zion, Turkey Creek and Flint Corner 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

Page 2845

and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of seven (7) members who shall be residents of G.M.D. 1240 or 1436, Carroll County within or without the corporate limits of the Town of Mount Zion, and not less than twenty-one (21) years of age at the time of appointment. The members of the Authority shall be selected and appointed in the following manner. Immediately after the approval of this Act the mayor and council of the Town of Mount Zion shall meet and appoint for a period of five (5) years, five (5) persons who are residents of militia districts 1240 and 1436 of Carroll County, Georgia, and at least twenty-one (21) years of age. The justice of the peace of G.M.D. 1240 and 1436 now in office are by the authority of this Act appointed as members of said Authority for a term of five (5) years to become effective immediately upon the approval of this Act. Thereafter all vacancies for unexpired terms shall be filled by majority vote of the Authority during the first five (5) year terms. Five (5) years from the approval date of this Act all terms of the members of this Authority shall expire and the persons then serving as justice of peace of G.M.D. 1240 and 1436 shall become members of said Authority for a term of five (5) years, and the mayor and council of the Town of Mount Zion shall by majority vote elect five (5) persons who are residents of G.M.D. 1240 and 1436 of Carroll County to serve as members of said Authority for a term of five (5) years. Thereafter if a vacancy occurs on said Authority the mayor and council of the Town of Mount Zion shall by majority vote appoint a resident of G.M.D. 1240 or 1436 to serve as a member of said Authority until he resigns, moves his place of residence out of G.M.D. 1240 or 1436, or shall die or become incapacitated to attend meetings of the Authority. The members of this Authority shall be entitled to no compensation. However, all members shall be reimbursed for actual expenses incurred in the performance of their duties. 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 Mount Zion,

Page 2846

Turkey Creek and Flint Corner Development Authority created by this Act and by and under Article V, Section VIII, Paragraph 1 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 industry, commerce, agriculture, natural resources and vocational training; the construction of buildings and plants for the purpose of selling, leasing or renting such structures to private persons, firms or corporations. (c) The term cost of project shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation. Section 4. The County of Carroll and the Town of Mount Zion are expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. Section 5. Any five members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than five affirmative votes. Quorum. Section 6. The Authority shall have powers: (a) To have a seal and alter the same at pleasure. (b) To acquire, hold and dispose of personal property, including the stock of other corporations, for its corporate purposes. Powers.

Page 2847

(c) To enter into contracts with the County of Carroll and the Town of Mount Zion. (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 or dispose of same in any manner the Authority deems to its best advantage. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in the County of Carroll or the Town of Mount Zion, the governing authorities of Carroll County and the Town of Mount Zion are authorized in their discretion to convey title to such lands, including any improvements thereon, to the Authority. (e) To appoint and select officers, agents, and employees including engineers, architects, builders, and attorneys, and to fix their compensation. (f) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and rentals and sale of projects, or contracts with respect to the use of projects which it erects or acquires. The County of Carroll and the Town of Mount Zion are hereby expressly authorized and empowered to enter into agreements with the Authority for use by the Authority of funds collected by special tax levies by the county and city for development purposes. (g) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, equip, operate and manage projects, self-liquidating or otherwise, located on property owned or leased by the Authority, and to pay the cost of any such project from the proceeds of revenue-anticipation certificates of the Authority or from any grant from the County of Carroll or Town of Mount Zion, 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.

Page 2848

(h) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. (i) To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia. (j) To do all things necessary or convenient to carry out the powers expressly conferred by this Act. (k) To adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (l) To issue revenue-anticipation certificates for the purpose of paying all or any part of the cost of any project of the Authority. Such revenue-anticipation certificates shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937 (Ga. Laws 1937, pp. 761-774), and as subsequently amended, providing for the issuance of revenue-anticipation certificates. Section 7. All lands and improvements and personal property the title to which is vested in the Authority, and all debentures, notes, bonds and revenue-anticipation certificates issued by the Authority shall be exempt from State and local taxation. Property. Section 8. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Carroll or the Town of Mount Zion. Debts. Section 9. The books and records of the Authority shall be audited at least annually, at the expense of the Authority,

Page 2849

by a competent auditor. The Authority shall furnish copies of said audit to the Town of Mount Zion. Audits. Section 10. This Act being for the purpose of developing and promoting the public good and the welfare of the County of Carroll and the Town of Mount Zion and their inhabitants, shall be liberally constructed to effect the purposes hereof. Intent. Section 11. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Severability. Section 12. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. The undersigned will apply for the introduction and passage of a bill to create the Mount Zion, Turkey Creek and Flint Corner Development Authority at the regular 1963 session of the Georgia General Assembly: To provide for the appointment of the members of said authority and their terms; to provide for the purposes, duties, control, organization and powers of the authority and for the County of Carroll and the Town of Mount Zion with respect thereto; To provide for the purpose of developing and promoting for the public good and welfare, industry, agriculture, commerce, natural resources, establishment of vocational training and the making of long range plans for the coordination and development of such within its territorial limits; to provide for the issuance and validation of revenue bonds for the purposes provided by the constitutional amendment authorizing such authority and for all other purposes authorized by the constitutional amendment authorizing the creation of such authority, and for all other and related purposes necessary for the creation and activation of said authority. Signed Gene Ashmore, Mayor, Town of Mount Zion, Ga.

Page 2850

Affidavit. Georgia, Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Carroll County Georgian, legal organ for Carroll County. The following dates, to-wit: January 10, 1963, January 17, January 24. Sworn to on the 19th day of February, 1963. /s/ Stanley Parkman Publisher Sworn to and subscribed to before me on the 19th day of February, 1963. /s/ Mrs. Martha L. Smith Notary Public. (Seal). Approved April 2, 1963. COMPENSATION TO W. H. NICHOLSON. No. 8 (House Resolution No. 18-16). A Resolution. To compensate W. H. Nicholson; and for other purposes. Whereas, on October 16, 1962, at approximately 11: 15 a.m., Mr. Jerome Morris was operating a delivery truck belonging to his employer, Mr. W. H. Nicholson, said truck stopping behind a State Highway Department truck; and Whereas, said State Highway Department truck was backing up on Harvey Street in Douglas County, Douglasville, Georgia; and

Page 2851

Whereas, the State Highway Department truck struck the front of the delivery truck belonging to Mr. W. H. Nicholson damaging it in the amount of $111.28; and Whereas, said damage and expense occurred through no fault of the employee of Mr. W. H. Nicholson (Jerome Morris), and it is only just and proper that Mr. Nicholson be compensated for the damage to his delivery truck; 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 $111.28 to Mr. W. H. Nicholson by virtue of the statement set out above. Said funds shall be paid from the funds appropriated to or available to the State Highway Department. Approved April 2, 1963. COMPENSATION TO GEORGE W. LOTT. No. 11 (House Resolution No. 33-68). A Resolution. Authorizing the Georgia Forestry Commission to pay compensation to Mr. George W. Lott for damages to his trees, vines and azaleas caused by chemicals being sprayed on adjoining lands; and for other purposes. Whereas, around the middle of May, 1960, while agents of the Georgia Forestry Commission were spraying chemicals designed to destroy undesirable hardwoods on lands adjoining the lands of Mr. George W. Lott of Chatham County, such chemicals drifted onto lands of Mr. George W. Lott, causing damage to his land and other expenses in the total amount of $398.00; and Whereas, such damage occurred through no fault or negligence whatsoever on the part of Mr. George W. Lott and it is only just and proper that he should be compensated therefor;

Page 2852

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. George W. Lott the sum of $398.00, as compensation, as set out above. Said sum shall be paid from funds appropriated to or available to said commission. Approved April 2, 1963. COMPENSATION TO MRS. JOHN HOWARD. No. 14 (House Resolution No. 36-77). A Resolution. Compensating Mrs. John Howard; and for other purposes. Whereas, on the 22nd day of May, 1961, Mrs. John Howard of Douglas, Georgia, was driving her automobile on a Georgia Highway just south of Douglas, Georgia; and Whereas, due to no negligence or fault of Mrs. Howard, her automobile was struck by a State Highway truck; and Whereas, the damages to the automobile of Mrs. John Howard were in the amount of $233.40; and Whereas, due to injuries received by Mrs. John Howard from said collision she incurred medical expenses in the amount of $55.00. 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 $288.40 to Mrs. John Howard as compensation for damages and medical expenses as set out above. Said payment shall be in full and final satisfaction for any claim against the State arising out of the aforesaid accident. Said sum shall be

Page 2853

paid from the funds appropriated to and available for the State Highway Department. Approved April 2, 1963. COMPENSATION TO TEX JONES. No. 15 (House Resolution No. 37-77). A Resolution. To compensate Mr. Tex Jones; and for other purposes. Whereas, on February 28, 1962, Mr. Tex Jones was operating his automobile, a 1953 Buick, on U. S. Highway 23 and was stopped behind a school bus near the Blackshear Place and said automobile was struck in the rear by a truck owned by the State Highway Department being operated by an employee thereof; and Whereas, said automobile was damaged in the amount of $390.55; and Whereas, Mr. Jones was not covered by collision insurance and the accident occurred through no fault or negligence on the part of Mr. Jones and it is only just and proper that he be compensated for the damage incurred; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Mr. Tex Jones the sum of $390.55 as compensation as set out above. Said payment shall be in full and final satisfaction for any claim against the State arising out of the aforesaid accident. Said sum shall be paid from the funds appropriated to or available to said department. Approved April 2, 1963.

Page 2854

COMPENSATION TO MRS. MOLLIE B. LANE. No. 16 (House Resolution No. 45-107). A Resolution. Compensating Mrs. Mollie B. Lane, and for other purposes. Whereas, on or about August 31, 1962, Mrs. Mollie B. Lane was operating her 1953 Plymouth automobile in a northerly direction on Allgood road, and Whereas, at the intersection of Allgood road and U. S. Highway 41 Mrs. Lane had brought her vehicle to a halt in obedience to the traffic light located at said intersection, and Whereas, Alvin Leon Graham, an employee of the State Highway Department, while operating a State Highway Department dump truck, also proceeding in a northerly direction on Allgood road, did crash into and against the rear of Mrs. Lane's stopped automobile, and Whereas, said collision inflicted damage upon the rear of Mrs. Lane's said automobile requiring the sum of $280.25 to repair the same, and Whereas, Mrs. Lane required medical attention and X rays following said collision, and Whereas, cost of X rays was $15.00 and her doctor bills were $20.00, and Whereas, said collision was caused by the carelessness and negligence of an employee of the State Highway Department, Now, therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department is authorized and directed to pay the sum of $315.25 to compensate Mrs. Lane for her injuries and damages. Said sum shall be paid from the funds appropriated to and

Page 2855

available to the State Highway Department. Said payment shall be in full and complete satisfaction of all claims for damages arising out of said collision. Approved April 2, 1963. COMPENSATION TO MRS. RICHARD L. BELL. No. 17 (House Resolution No. 49-107). A Resolution. To compensate Mrs. Richard L. Bell; and for other purposes. Whereas, on July 12, 1962, at approximately 4:30 o'clock p.m., Mrs. Richard L. Bell was driving her automobile on U. S. Highway No. 80 in a westerly direction; and Whereas, at a point about six miles East of the city limits of Columbus, Georgia near the J. R. Burts store, a truck belonging to the State Highway Department and being operated by an employee of said department, which was traveling in the opposite direction, made a left turn into a State Work Camp driveway striking the automobile of Mrs. Bell causing damage in the amount of $68.49; and Whereas, the accident occurred through no fault or negligence whatsoever on the part of Mrs. Bell and it is only just and proper that compensation be made therefor; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay Mrs. Richard L. Bell the sum of $68.49 as compensation as set out above. Said payment shall be in full and final satisfaction for any claim against the State arising out of the aforesaid accident.

Page 2856

Said sum shall be paid from the funds appropriated to or available to said department. Approved April 2, 1963. COMPENSATION TO HOMER SMITH. No. 18 (House Resolution No. 52-110). A Resolution. To compensate Mr. Homer Smith; and for other purposes. Whereas, on November 23, 1961, an automobile stopped at a stop sign at the intersection of 5th Avenue and 3rd Street, Manchester, Georgia; and Whereas, there was stopped immediately to the rear of said automobile a delivery truck belonging to Tant's Laundry; and Whereas, while said laundry truck and the said automobile were stopped a truck owned by the State Game and Fish Commission and operated by an employee of the State Game and Fish Commission was traveling along 5th Avenue and the truck collided with the rear of the laundry truck and the collision was so violent that it knocked the laundry truck into the rear of the automobile and the collision rendered the driver of the laundry truck unconscious; and Whereas, said laundry truck glanced off the Collins automobile and traveled, uncontrolled, into the yard at 418 3rd Street and collided with a 1959 Ford automobile owned by Mr. Homer Smith, parked in said yard and severely damaged same; and Whereas, the cost of repairing said automobile was $100.00 and Mr. Smith has been damaged in this amount becuase of said collision; and

Page 2857

Whereas, said collision occurred through no fault or negligence on the part of Mr. Smith 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 Game and Fish Commission is hereby authorized and directed to pay to Mr. Homer Smith the sum of $100.00 as compensation as set out above. Said payment shall be in full and final satisfaction for any claim against the State arising out of the aforesaid accident. Said sum shall be paid from the funds appropriated to or available to said department. Approved April 2, 1963. COMPENSATION TO MRS. L. R. COLLINS. No. 19 (House Resolution No. 53-110). A Resolution. To compensate Mrs. L. R. Collins; and for other purposes. Whereas, on November 23, 1961, Mrs. L. R. Collins was operating her 1959 Chevrolet automobile on 5th Avenue in the City of Manchester, Georgia; and Whereas, Mrs. Collins brought her automobile to a full stop at the intersection of 5th Avenue and 3rd Street because of a stop sign at said intersection, requiring traffic traveling along 5th Avenue to stop; and Whereas, there was stopped immediately to the rear of Mrs. Collins' automobile a delivery truck belonging to Tant's Laundry; and Whereas, while said laundry truck and the automobile of Mrs. Collins were stopped, a truck owned by the State Game and Fish Commission and operated by an employee of the Commission was traveling along 5th Avenue and

Page 2858

the truck collided with the rear of the laundry truck and the collision was so violent that it knocked the laundry truck into the rear of the automobile owned by Mrs. Collins; and Whereas, the automobile of Mrs. Collins was damaged in the amount of $412.21, which damage was caused through no fault or negligence on the part of Mrs. Collins and it is only just and proper that she be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia that the State Game and Fish Commission is hereby authorized and directed to pay to Mrs. L. R. Collins the sum of $412.21 as compensation as set out above. Said payment shall be in full and final satisfaction for any claim against the State arising out of the aforesaid accident. Said sum shall be paid from the funds appropriated to or available to said department. Approved April 2, 1963. COMPENSATION TO W. A. SUGGS. No. 21 (House Resolution No. 61-137). A Resolution. To compensate W. A. Suggs; and for other purposes. Whereas, on May 21, 1962 at approximately 11:30 a.m., Irvin David Suggs was operating a 1962 Chevrolet automobile owned by his father, W. A. Suggs, in a southerly direction on U. S. Highway 129 approximately threetenths (.3) miles south of Lakeland, Lanier County, Georgia; and Whereas, at said time and place, Ralph C. Morris, an employee of the State Highway Department was operating

Page 2859

a State Highway Department truck also traveling in a southerly direction in front of the Suggs automobile; and Whereas, while the vehicle being operated by Irvin David Suggs was attempting to pass, in a lawful passing zone, the State Highway truck being operated by Ralph C. Morris, said State Highway employee, suddenly and without warning turned abruptly to the left, in an attempt to enter the State Highway maintenance yard; and Whereas, said Highway Department vehicle was driven into and against Mr. Suggs' said automobile, inflicting injuries to W. A. Suggs who was a passenger in the automobile; and Whereas, W. A. Suggs has incurred drug, doctor and hospital expenses as follows: Drugs $163.80 Smith Hospital and Dr. Jesse Parrott, Hahira, Georgia 566.25 Total $730.05 and; Whereas, W. A. Suggs has not received any compensation for his injuries and damages; and Whereas, the accident occurred through no fault or negligence on the part of Irvin David Suggs or of W. A. Suggs and it is only just and proper that W. A. Suggs be compensated for the damage incurred. 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 $730.05 to W. A. Suggs, as compensation for his damages as set out above. Said sum shall be paid from the funds appropriated to or available to the State Highway Department.

Page 2860

Said payment shall be in full and final satisfaction for any and all claims against the State arising out of the aforesaid accident. Approved April 2, 1963. LAW BOOKS TO DECATUR COUNTY. No. 24 (House Resolution No. 90-163). A Resolution Authorizing the State Librarian to furnish to the Superior Court of Decatur County certain enumerated volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports; and for other purposes. Whereas, certain volumes of the Georgia Supreme Court Reports and Georgia Appeals Reports belonging to the Superior Court of Decatur County have been lost or destroyed; namely Georgia Supreme Reports, Volumes numbers 13, 24, 41, 45, 47, 52, 53, 54, 64, 82, 99, 100, 116, 117, 118, 122, 155, 209, 210, 211 and 212; and Georgia Appeals Reports, Volumes numbers 8, 17, 18, 87, 88, 89, 92, 93, 94, 95 and 97; and Whereas, said books are necessary for the County of Decatur to carry on its business and that of the State: Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Librarian is hereby authorized and directed to furnish to the clerk of superior court in and for the County of Decatur, without cost except as to mailing and packaging costs, the foregoing volumes of the Georgia Supreme Court Reports and Georgia Appeals Reports. Be it further resolved that if for any reason the State Librarian cannot furnish the books above specified, the Governor is hereby authorized to draw his warrant on the

Page 2861

State Treasury for the amount required to purchase said books, provided such funds are available from any unappropriated funds. Approved April 2, 1963. COMPENSATION TO LUTHER CALLIHAN. No. 25 (House Resolution No. 95-188). A Resolution. To compensate Luther Callihan; and for other purposes. Whereas, Luther Callihan on September 2, 1962 was operating his vehicle in a northerly direction on State Highway No. 5 in Fannin County, Georgia and was stopped in the center lane for the purpose of making a left turn with his turn signal on; and Whereas, Ray F. Swanson, a state trooper for the Georgia State Patrol, had just passed one vehicle and was on the left hand side of the road in the south bound lane when it became necessary for him to cut back in the north bound lane in order to avoid striking an oncoming vehicle in the south bound lane; and Whereas, because of the vehicle which Trooper Lawson had just passed it became necessary for him to apply his brakes causing him to skid into the rear of the vehicle operated by Mr. Callihan who was legally stopped in order to make the left hand turn; and Whereas, Trooper Lawson admitted that he inadvertently looked off for a second while passing the first car; and Whereas, it was the opinion of the officers who investigated the accident that the sole cause of the accident was the inattention to driving duties by Trooper Lawson; and

Page 2862

Whereas, as a result of the accident, the car of Mr. Callihan was damaged to the extent of $43.43; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Callihan, 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 Department of Public Safety is hereby authorized and directed to pay to Luther Callihan the sum of $43.43 as compensation as set out above. Said sum shall be paid from funds appropriated to or available to said department. Approved April 2, 1963. COMPENSATION TO EMORY E. GRIFFIN. No. 27 (House Resolution No. 105-254). A Resolution. To compensate Emory E. Griffin; and for other purposes. Whereas, on August 20, 1959, at approximately 7:30 a.m. o'clock, Mr. Emory E. Griffin was operating his automobile in a southerly direction on Pio Nono Avenue in Bibb County, Georgia; and Whereas, a State Highway Department truck #1-2683 failed to stp for a stop sign at the intersection of Pio Nono Avenue and Roff Avenue; and Whereas, the State Highway Department truck struck the automobile causing damage in the amount of $388.96; and Whereas, said damages and expenses occurred through no fault whatsoever on the part of Mr. Griffin and it is

Page 2863

only just and proper that Mr. Griffin be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $388.96 to Mr. Emory E. Griffin by virtue of the statements set out above for complete settlement and further liability. Said sum shall be paid from the funds appropriated to or available to the State Highway Department. Approved April 2, 1963. TROY HARTLEY RELIEVED AS SECURITY ON BOND. No. 28 (House Resolution No. 106-254). A Resolution. To relieve Troy Hartley as security on a bond and for other purposes. Whereas, Troy Hartley, as security, and John W. Hartley, as principal, were parties to a recognizance in the amount of $1500.00, conditioned upon the appearance of the principal at the September Term, 1959 of the Superior Court of Jeff Davis County, Georgia, and said recognizance was forfeited at the September Term of said court and a rule nisi issued and served on Troy Hartley, security, and that said rule was made absolute at the March Term, 1960, of said court; and Whereas, fi. fa. was issued against said principal and security, and the same was recorded in the office of the clerk of the Superior Court of Appling County, Georgia, in general execution docket 6, page H-9, and was recorded in the office of the clerk of the Superior Court of Jeff Davis County, Georgia, in execution docket 3 page 817; and

Page 2864

Whereas, the said Troy Hartley, security, had John W. Hartley, principal, present on the first day of September Term, 1959, of said court and that the case against John W. Hartley was not called. That on the night after the first day of said court the said John W. Hartley absconded from the jurisdiction of said court, going to the State of Florida. That Troy Hartley, security, went to the State of Florida at his expense and at no expense to said court of Jeff Davis County and located John W. Hartley. That Troy Hartley took John W. Hartley into his custody, returned him to Georgia and to the officers of said court. That John W. Hartley was then tried, sentenced and served a term in prison under the prison officials of the State of Georgia; and Whereas, it is only just and proper that the security be relieved from said bond, the said Troy Hartley having acted to the best of his ability to comply with the terms of said bond. Now, therefore, be it resolved by the General Assembly of Georgia that the clerks of the Superior Court of Jeff Davis and Appling Counties, Georgia, be, and they are hereby directed to mark the judgment recorded in the records of their offices as clerk of the superior court, against Troy Hartley, as security on the aforesaid recognizance, as satisfied and fulfilled by the reasons hereinbefore enumerated and that the judgment and fi. fa. issued against the security be cancelled as a matter of law. Approved April 2, 1963.

Page 2865

COMPENSATION TO WILLIAM L. SANDERS POST NO. 4742 OF VETERANS OF FOREIGN WARS. No. 29 (House Resolution No. 107-254). A Resolution. To compensate the William L. Sanders Post No. 4742 of the Veterans of Foreign Wars of the United States; and for other purposes. Whereas, an Act approved February 8, 1950 (Ga. L. 1950, p. 134) reads as follows: An Act to provide for the granting by the Director of State Parks, Historic Sites, and Monuments to veterans' organizations chartered by the Congress of the United States, of permanent easements for the use, improvement, and operation of camps, campsites, or other improvements on any properties held by the State or granted to the State, for use as a veterans' memorial park in Crisp County, Georgia; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same. Section 1. That the Director of State Parks, Historic Sites, and Monuments is, from and after the approval of this Act, authorized and empowered to grant permanent easements for the use, improvement and operation, or either of these, of camps, campsites, or other improvements in keeping with the purposes of the park, to any veterans' organization chartered by the Congress of the United States, on or upon any property held by the State or hereafter granted to the State, for park purposes in Crisp County, Georgia. Section 2. The Director of State Parks, Historic Sites, and Monuments is hereby further authorized and empowered to place in such easements such restrictions

Page 2866

and conditions of use as are necessary to preserve and protect the beauty and standards of State parks. Section 3. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed.; and Whereas, the William L. Sanders Post No. 4742 of the Veterans of Foreign Wars of the United States took possession of the following described real property located in Georgia Veterans Memorial State Park formerly known as Blackshear Lake Memorial State Park: Veterans' Organization Home Site, lot no. 26 being a triangular shape parcel or tract of real property with the westerly side of said property being 280 feet in length and the easterly side of said property being 335 feet in length and the southerly side of said property fronting on Blackshear Lake as shown in detail on plats recorded in deed book 46, pp. 3 and 4 of the Crisp County, Georgia, Records; and Whereas, after taking possession of said real property the members of William L. Sanders Post No. 4742 of the Veterans of Foreign Wars of the United States had a frame building constructed thereon to which they took possession and maintained; and Whereas, the building constructed is presently valued at over two thousand ($2,000.00) dollars; and Whereas, subsequent to taking possession of said real property and subsequent to making the valuable improvements thereon and having taken possession of said improvements, the Director of the Department of State Parks, denied the members of said Post of the Veterans of Foreign Wars of the United States the use of said real property and the improvements thereon and the Department of State Parks took possession of said real property and improvements and an employee of the Department of State Parks is now a tenant of the Department of State Parks and is living in said improvements; and Whereas, the officials of State Parks has related to the

Page 2867

members of said Post of Veterans of Foreign Wars of the United States that they had lost the right of possession of said real property and improvements because they had failed to exercise their rights by executing a written easement; and Whereas, it is the opinion and findings of the General Assembly of Georgia that the reasons for denying the members of the Veterans of Foreign Wars of the United States of the use of the real property and the improvements thereon was not justified and the members of said Post should be compensated for the valuable improvements constructed on such real property. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of State Parks is hereby authorized, empowered and directed to compensate the William L. Sanders Post No. 4742 of the Veterans of Foreign Wars of the United States the sum of two thousand ($2,000.00) dollars as compensation for the improvements on the real estate as set out in this Resolution. Said sum shall be paid from the funds appropriated to or available to the Department of State Parks. Be it further resolved that the Director of the Department of State Parks is hereby authorized, empowered and directed to deliver the sum herein set forth to William B. Ruis, or his successor, said William B. Ruis being the Commander of the William L. Sanders Post No. 4742 of the Veterans of Foreign Wars of the United States and an officer authorized to receive said sum on behalf of said Post. Be it further resolved That the Director of the Department of State Parks is hereby authorized, empowered and directed to withhold the payment of the funds authorized herein until he receives a quit claim deed from the William L. Sanders Post No. 4742 of the Veterans of Foreign Wars of the United States releasing whatever claim that they might have in and to the real estate and improvements thereon as set forth in the within Resolution.

Page 2868

Be it further resolved that the payment of the funds set forth herein shall be in full and final satisfaction for any and all claims resulting from the facts and circumstances set forth and alleged in this Resolution. Approved April 2, 1963. COMPENSATION TO ALLEN J. FAULKNER. No. 30 (House Resolution No. 116-292). A Resolution. To compensate Allen J. Faulkner; and for other purposes. Whereas, on the 8th day of September, 1961, at approximately 7:45 o'clock a.m., Allen J. Faulkner was operating his automobile, a 1960 Chevrolet, 2-door sedan, south along Boulevard, S. E., Atlanta, Fulton County, Georgia; and Whereas, at said time and place there was collision between the automobile being operated by Allen J. Faulkner and an automobile belonging to the Department of Public Safety being operated by Sgt. Jack Allison; and Whereas, the front of the automobile owned by the Department of Public Safety collided with the rear of the automobile being operated and owned by Allen J. Faulkner, severely damaging the automobile owned by Mr. Faulkner; and Whereas, the cost of repairing the automobile owned by Mr. Faulkner because of said collision was $324.59 of which $224.59 was reimbursed by insurance leaving a balance of $100.00 as the damage incurred; and Whereas, said damages occurred through no fault or negligence on the part of Mr. Faulkner and it is only fit and proper that he be compensated in the amount of $100.00.

Page 2869

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. Allen J. Faulkner the sum of $100.00 as compensation for the damages as set out in this Resolution. The payment of said sum shall be in full, complete and final satisfaction for any and all claims of Allen J. Faulkner resulting from said collision. The sum herein authorized shall be payable from the funds appropriated to or available to the Department of Public Safety. Approved April 2, 1963. FULTON COUNTY-CITY OF ATLANTA STUDY COMMISSIONTIME FOR MAKING REPORT EXTENDED. No. 33 (House Resolution No. 134-346). 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, and Whereas, by resolution approved February 27, 1962, the time within which said commission is required to make a report was extended to the 1963 session of the General Assembly,

Page 2870

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 1964 session of the General Assembly of Georgia. Approved April 2, 1963. COMPENSATION TO HOMER C. PATTERSON. No. 36 (House Resolution No. 155-427). A Resolution. Compensating Homer C. Patterson; and for other purposes. Whereas, on or about September 8, 1962, at approximately 1:15 p.m., Homer C. Patterson was operating his 1962 Ford Falcon Ranchero in an easterly direction on Georgia Highway 38, approximately three miles west of Hinesville, Georgia; and Whereas, Lee Roy Wilcox, an agent of the Georgia Bureau of Investigation, was also proceeding in an easterly direction on said highway, folloiwng immediately behind Mr. Patterson's automobile; and Whereas, at said time and place the 1962 Pontiac automobile being operated by Lee Roy Wilcox, while on his official duties as an agent of the Georgia Bureau of Investigation, did crash into and against the rear of Mr. Patterson's said automobile; and Whereas, said collision damaged Mr. Patterson's automobile in the sum of $128.08; and Whereas, at said time Mr. Patterson had in force and effect a collision insurance policy protecting him from loss occurring to his said automobile from collision type losses in excess of $50.00.

Page 2871

Now, therefore, be it resolved by the General Assembly of Georgia, that the Department of Public Safety is authorized and directed to pay the sum of $50.00 to Homer C. Patterson as compensation for his damages as set out hereinabove. Said sum shall be in full and complete satisfaction of all claims arising out of said accident. Said sum shall be paid from the funds appropriated to and available for the Department of Public Safety. Approved April 2, 1963. COMPENSATION TO J. T. BAILEY. No. 38 (House Resolution No. 173-484). A Resolution. To compensate J. T. Bailey, and for other purposes. Whereas, on November 31, 1961, Mr. J. T. Bailey was driving his 1961 Chevrolet automobile north on U. S. Highway #1 in Emanuel County, Georgia. And, Whereas, at the said time and place aforesaid, a Georgia State Highway Department truck carrying gravel was being driven in a southerly direction on said highway by Tommy Neal. and, Whereas, gravel from the State Highway truck fell onto the windshield of Mr. Bailey's vehicle, which damaged the same in the amount of $118.92. and, Whereas, said damage was due to no fault of negligence on the part of Mr. Bailey but the sole and proximate cause of said damage was negligence on behalf of the driver of the State Highway Department truck and it is only just that he be compensated for said damage. Now, therefore, be it resolved by the General Assembly of the State of Georgia that Mr. J. T. Bailey be fully

Page 2872

compensated in the amount of $118.92 for the damages hereinabove enumerated. Be it further resolved that said funds be paid out of funds appropriated to Georgia State Highway Department. Approved April 2, 1963. COMPENSATION TO MRS. H. S. SWINT. No. 39 (House Resolution No. 181-516). A Resolution. Compensating Mrs. H. S. Swint; and for other purposes. Whereas, on the afternoon of February 5, 1963, Levy Swint was operating an automobile belonging to his Mother, Mrs. H. S. Swint, and was proceeding south on State Route 80, in the direction of Gibson, Georgia; and Whereas, said automobile passed a State Highway truck hauling gravel, proceeding in an opposite direction on said highway; and Whereas, gravel fell or was blown from the State Highway truck into the windshield of the automobile being driven by Levy Swint; and Whereas, said gravel cracked the windshield, causing damage to said automobile in the amounty of $90.37; and Whereas, said damage and expense occurred through no fault or negligence on the part of Levy Swint and it is only just and proper that Mrs. H. S. Swint be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department is hereby authorized and directed to pay to Mrs. H. S. Swint the sum of $90.37 as compensation for damages as set out

Page 2873

above. Said sum shall be paid from the funds appropriated to or available to the State Highway Department. Said payment shall be in full and final satisfaction of any and all claims against the State arising out of the aforesaid accident. Approved April 2, 1963. COMPENSATION TO GEORGE RUFUS HANNA. No. 43 (House Resolution No. 216-632). A Resolution. Compensating Mr. George Rufus Hanna; and for other purposes. Whereas, on August 13, 1961 at approximately 10:30 p.m. a collision occurred between an automobile owned and operated by Mr. George Rufus Hanna of Moultrie, Georgia and a large oak tree which had fallen across State Highway No. 11, approximately five (5) miles from Moultrie, Georgia, between Moultrie and Meigs, Georgia; and Whereas, the State Highway Department of Georgia had been given notice that the tree had fallen across and was blocking the highway, and that the Highway Department took no action because they thought an R.E.A. crew and a group from the county farm had removed the tree from the highway; and Whereas, as a result of the State Highway Department's failure to insure that the tree had been properly removed from the highway, the highway remained blocked by the fallen tree and the tree remained a hazard to all motorist; and Whereas, said automobile was estimated to be worth $1400.00 immediately before the accident and $275.00

Page 2874

immediately after the accident, thus establishing the measure of damages in the amount of $1125.00; and Whereas, Mr. Hanna was operating his car in a careful and lawful manner; and Whereas, the collision was caused through no fault of Mr. Hanna. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department of Georgia is hereby authroized and directed to pay the sum of $900.00 to Mr. George Rufus Hanna as compensation for damages as set out above. Said sum shall be paid from funds appropriated to and available to the State Highway Department. Approved April 2, 1963. DEKALB COUNTY COMMISSION TO STUDY ADMINISTRATION OF JUSTICE. No. 44 (House Resolution No. 219-650). A Resolution. To create for the citizens of DeKalb County a commission to study the administration of justice; and for other purposes. Whereas, there are approximately 280,000 citizens residing in DeKalb County, Georgia, and the growth of the population of the county is continuing at a rapid rate; and Whereas, the administration of justice affects the lives, property, security, and happiness of every citizen; and Whereas, it is in the interest of every citizen that a commission of competent citizens study the administration of justice in all of its aspects so that appropriate

Page 2875

recommendations can be made to the General Assembly and to the officers of the judicial branch, which would improve the administration of justice; Now, therefore, be it resolved by the General Assembly of Georgia: Section 1. A nine-member Commission to study the administration of justice in DeKalb County, is hereby created and shall consist of the following: Thomas O. Davis President, Stone Mountain Circuit Bar Association O. E. Williams President, Decatur Bar Association H. Dewey Verner President, DeKalb County Grand Jurors Association William E. Zachary C. L. Peeler, Jr. Dan E. McConaughey In addition to the foregoing members herein named, the commission shall elect three citizens who are neither lawyers nor officials of the courts to serve on the commission. The commission shall be authorized to fill any vacancies which shall occur in its membership. Section 2. The commission shall be free to examine and make recommendations concerning any aspect of the administration of justice in DeKalb County, and is requested to particularly examine and make recommendations concerning the following: (a) The jurisdiction and procedures of the several courts. (b) The staffing of said courts and compensation of their officials.

Page 2876

(c) The housing needed for courts with particular reference to plans for the county court house, for which bonds have already been voted. (d) The handling of criminal warrants. (e) The desirability of continuing or abolishing justices of the peace courts, and in the event of their abolition the need for any additional small claims courts. (f) The method of selection of grand jurors and trial jurors, and the size of the jury lists. (g) The need for a separate judicial circuit. (h) The handling of traffic cases. Section 3. The commission shall meet and organize on or before May 1, 1963, and shall file a copy of its recommendations with the grand jury of DeKalb County and the members of the General Assembly of DeKalb County on or before December 1, 1963. Approved April 2, 1963. DEKALB COUNTY COMMISSION TO STUDY PUBLIC SAFETY. No. 53 (House Resolution No. 234-669). A Resolution. To create for the citizens of DeKalb County a commission to study public safety and for other purposes. Whereas, there are approximately 280,000 citizens residing in DeKalb County, Georgia, and the growth of the population of the county is continuing at a rapid rate, and Whereas, more than 90% of the land area of DeKalb

Page 2877

County is unincorporated and a majority of the citizens of DeKalb County reside in the unincorporated area, and Whereas, it is the interest of every citizen that a commission of competent citizens study the subject of public safety in all of its aspects so that appropriate recommendations can be made to the General Assembly and to local officials having responsibilities in the area of public safety; Now, therefore, be it resolved by the General Assembly of Georgia: Section 1. A ten-member commission to study the subject of public safety for the citizens of DeKalb County is hereby created and shall consist of the following: Cicero Johnston (Mayor) Alton Roberts, Jr. Clark Harrison, Jr. O. E. Myers, Sr. John S. Thibadeau Gilbert C. McLemore Created, members. Eugene T. Branch James B. Hiers, Jr. Authur Bishop Mrs. Paul G. Mayer The commission shall be authorized to fill any vacancies which shall occur in its membership. Section 2. The commission shall be free to examine and make recommendations concerning any aspect of the

Page 2878

subject of public safety affecting the citizens residing in the unincorporated area of DeKalb County. It is specifically requested to examine the question as to whether or not citizens residing in municipalities in DeKalb County are required to pay taxes for police protection by the county, which could be considered to be unfair. Duties. Section 3. The commission shall meet and organize on or before May 1, 1963, and shall file a copy of its recommendations with the grand jury of DeKalb County and the members of the General Assembly of DeKalb County on or before December 1, 1963. Same. Approved April 4, 1963. CEDARTOWN DEVELOPMENT AUTHORITY. No. 260 (Senate Bill No. 59). An Act to create the Cedartown Development Authority; to provide the powers, authority, funds, purposes, organization and procedures connected therewith; to provide for the appointment of members of said Authority; to provide for the duties and powers of the City of Cedartown with respect to said Authority; to provide for issuing of revenue bonds and the validation of such bonds; to provide for the exemptions applicable to 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 Cedartown Development Authority. Short title. Section 2. In addition to the purposes for which revenue anticipation obligations may be issued by counties, municipal corporations and political subdivisions as provided in said Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia, the Cedartown Development Authority, hereinafter created, be and is hereby authorized

Page 2879

to issue revenue obligations to provide funds to be used by said Authority in assisting, promoting, establishing and developing new industries, and assisting, promoting and expanding existing industry, agriculture, trade and commerce within the territory embraced by the corporate limits of the City of Cedartown, as hereinafter provided. Said purposes are hereby found, determined and declared to be for the benefit of the citizens and residents of said city and to be an essential governmental function in relieving unemployment, improving the economy, limiting poor relief assistance, developing natural resources, and otherwise promoting the general welfare. Bonds. Section 3. In furtherance of the purposes for which such issuance of revenue anticipation obligations is authorized there is hereby created a body corporate and politic to be known as the Cedartown Development Authority, which shall be deemed to be a creature of the State of Georgia, an instrumentality of the City of Cedartown, and a public corporation. The name of said Authority may be changed from time to time by an Act of the General Assembly. The said Authority is created for the purpose of assisting, promoting, establishing and developing new industry, and assisting, promoting and expanding existing industry, agriculture, trade and commerce within the territory embraced by the corporate limits of the City of Cedartown, for the public good and general welfare of said city and its citizens. The scope and jurisdiction of the Authority is restricted to the territory embraced by the corporate limits of the City of Cedartown. The Authority shall not be operated for profit, is an institution of purely public charity, and is an industrial development agency qualified to receive loans and other assistance from the Industrial Development Commission of the State of Georgia, or other governmental agencies. Purpose. Section 4. In carrying out the foregoing objectives, the Authority shall be deemed to be engaging in such functions of government, activities and transactions as the City of Cedartown is by law authorized to undertake. Same. Section 5. The Authority shall consist of five (5) members who shall serve for a term of five (5) years. The members

Page 2880

shall be appointed by the mayor and council of the City of Cedartown. The first members shall be appointed for terms of one (1), two (2), three (3), four (4), and five (5) years, and thereafter their successors shall be appointed for terms of five (5) years. All members who have served on said Authority shall be eligible for reappointment to succeed themselves if they are reappointed by said mayor and council of the City of Cedartown. Should any member resign or be unable to serve or move beyond the territory embraced by the corporate limits of the City of Cedartown as it is now situated or may hereafter be situated, his successor shall be appointed to serve the remaining term by said mayor and council of the City of Cedartown. Prior to taking office the members shall subscribe to the following oath, to-wit: I do solemnly swear that I will fully and fairly perform the duties as a member of the Cedartown Development Authority, So Help Me God. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. The members shall elect one from among themselves to serve as chairman from year to year. The members of said Authority shall be entitled to no compensation. No vacancy shall impair the power of the Authority to act. Members, terms, oath, etc. Section 6. As used herein, the following words and terms shall have the following meanings, unless a different meaning clearly appears from the context: (1) The word Authority shall mean the Cedartown Development Authority, created hereby. Definitions. (2) The word Project shall be deemed to mean and include property, real and/or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expansion of existing industry, trade or commerce in the City of Cedartown, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; and/or the construction, installation and/or expansion of one or more buildings, plants, and/or articles of equipment for the purpose of using, selling, donating,

Page 2881

leasing and/or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations and/or associations for such purposes. (3) The term cost of project shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services acquired and/or contracted for; the cost of financing charges and/or of interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or incident to construction and/or improvements, and/or to determining the feasibility and/or practicability of the project, administrative expenses, and/or the acquisition, construction, equipping and/or operating any project or any part thereof. Section 7. Any three (3) 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 three (3) affirmative votes. Quorum, etc. Section 8. The powers of the Authority herein created shall include, but are not limited to, the power, for its corporate purposes: (1) To have a corporate seal and alter the same at pleasure. Powers. (2) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the State of Georgia and any instrumentality thereof, any county or municipality thereof, and any other political subdivisions, and with private persons, firms, corporations, and associations. (3) To receive and administer gifts, grants and donations and to administer trusts. (4) To buy, acquire, receive as gifts, own, improve, expand, develop, operate, maintain, sell, donate, lease as lessor

Page 2882

or lessee, mortgage, pledge, convey to secure debt, and/or otherwise encumber and/or dispose of land, buildings, equipment, furnishings, and/or property of all kinds, real and/or personal, within the City of Cedartown, Georgia, and to make a contract or contracts and/or to execute any instrument or document for the accomplishment thereof, or other purposes. (5) To make contracts, and to execute any and all instruments necessary or convenient to, or in aid of, the accomplishment of any of the purposes of said Authority, and/or the exercise of any power or powers of said Authority. (6) To enter into any contract or contracts for any period of time not exceeding fifty (50) years. (7) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation. (8) To construct, erect, buy, receive as a gift, acquire, own, repair, remodel, maintain, equip, furnish, extend, expand, develop, improve, donate, sell, lease as lessor or lessee, equip, add to, operate and manage projects and to pay the costs of any such project from any income of the Authority, from the proceeds of revenue bonds issued and sold by the Authority or others, from any taxes levied for the purpose by the State of Georgia, Polk County, The City of Cedartown or any of the other municipalities therein, or from any contributions or loans by political subdivisions or instrumentalities, persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. (9) To elect its own officers from the membership of the Authority; to elect and employ an executive director who is not required to be a member of the Authority; and to authorize and empower such officers to act for the Authority generally or in any specific matter. (10) To borrow money and to execute debentures, bonds,

Page 2883

notes, mortgages, deeds or bills of sale to secure debt, trust deeds and/or other such instruments as may be necessary or convenient to evidence and secure such borrowing. (11) To issue and sell revenue bonds for the purpose of raising funds for the payment, in whole or in part, of the cost of any project of the Authority; to secure the payment of the obligations of such bonds by, but not limited to, selling, conveying, mortgaging, pledging and/or assigning any or all of its funds, income and/or property; and to exercise all the rights, powers and privileges, and to be subject to all the duties and liabilities, which a municipality may exercise and/or be subject to under the provisions of the Revenue Bond Law (Chapter 87-8 of the Code of Georgia), as the same now is, or hereafter may be, amended. The rights, powers and privileges of the Authority are not limited to those of such a municipality, however. (12) To use public funds made available to it, the rents, profits and proceeds from the projects erected, leased or sold, and other funds and income of the Authority, to provide for the operation and maintenance of such projects or other projects, to discharge the principal, interest and expenses of bonds, revenue bonds, and notes issued by the Authority, to pay other debts of the Authority, and to further and promote the objectives of the Authority. (13) To exercise any power granted by the laws of the State of Georgia to public corporations or authorities performing similar functions. (14) 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. (15) To adopt, alter, amend and/or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the powers granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.

Page 2884

(16) To do all things necessary and convenient to carry out the powers expressly conferred by this Act upon the Authority. Section 9. The acquisition, construction, improvement, betterment, expansion or extension of any undertaking or project of the Authority, and the issuance in anticipation of the collection of revenues of such undertaking or project, of bonds to provide funds to pay the whole or a part of the costs thereof, may be authorized by resolution or resolutions of the Authority which may be adopted at a regular or special meeting by a majority of the members of the Authority. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The Authority in determining the cost of any undertaking or project for which revenue bonds are to be issued may include all costs as hereinbefore defined. Such bonds shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates not exceeding seven per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Except as herein provided to the contrary, such bonds shall be issued and validated in the Superior Court of Polk County, Georgia, in the same manner as revenue bonds of municipalities are issued and validated under the Revenue Bond Law (Ga. Laws 1937, p. 761-774; Chapter 87-8 of the Code of Georgia), as now and hereafter amended. In the proceedings to validate such bonds, the Cedartown Development Authority shall be named as party defendant. In event no bill of exceptions is filed within the time prescribed by law, or if filed, the judgment validating the bonds shall be affirmed by the Supreme Court of Georgia, such judgment shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority. Projects, bonds, etc. Section 10. All lands and improvements thereon, the title to which is vested in the Authority, and all debentures and revenue bonds issued by the Authority, shall be exempt from

Page 2885

State and local taxation. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and the interest of the obligations of the City of Cedartown. Property. Section 11. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such funds. Funds. Section 12. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia or the City of Cedartown. The Authority is created for nonprofit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created. Debts. Section 13. No building or facility acquired hereunder shall be operated by the Authority but shall be leased or sold to one or more persons, firms or corporations. If sold, the purchase price may be paid at one time or in installments falling due in not more than 30 years from the date of transfer of possession. The lessee or purchaser shall be required to pay all cost of operating and maintaining the building or buildings and to pay rentals or installments sufficient, together with other revenues which may be pledged for the purpose, to retire all indebtedness, both principal and interest, and to pay all other expenses which the Authority may have incurred in connection with the undertaking. Projects. Section 14. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall be in the City of Cedartown, the governing authorities of the City of Cedartown is authorized in their discretion to convey title to such lands, including any improvements thereon, without cost, to the Authority. Said city may donate to said Authority, real estate, personal property and services for any such project. Any such land, improvements, or personal property so conveyed

Page 2886

or donated to the Authority may be mortgaged, conveyed, or pledged to secure obligations of the Authority. Property. Section 15. 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 be conveyed to the City of Cedartown subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property. No private interest shall exist in the property of the Authority. The Authority shall hold title only for the benefit of the public. Title to property. Section 16. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent independent auditor; and the minutes and records of the same shall be filed with the clerk of the city council of said city and shall be available for public inspection. Audits. Section 17. The Authority shall exist and have all of said powers, and the right to exercise the same for its corporate purposes, regardless of whether or not it shall issue revenue anticipation obligations hereunder. Intent. Section 18. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 19. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 4, 1963.

Page 2887

CITY OF EAST POINTCORPORATE LIMITS, REFERENDUM. No. 261 (Senate Bill No. 51). 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 1 of the 14th district of Fulton, formerly Fayette 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 with 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

Page 2888

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. Referendum. 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, 1963. 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.

Page 2889

Section 4. 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 duty-authorized agent of the publisher of the newspaper in which the 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 5. That all laws and parts of laws in conflict herewith are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 4, 1963. PENSION ACT FOR EMPLOYEES OF CITIES HAVING MORE THAN 150,000 POPULATION AMENDED. No. 262 (House Bill No. 28). 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 for a refund of contributions by members made for months for which no pension credit accrues, upon being compelled to retire, or to his beneficiary upon his death; 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 set forth in the caption to this Act be further amended as follows: Section 1. By striking from Section 1 of an Act approved March 17, 1958 (Ga. L. 1958, p. 2451), which said Act is an

Page 2890

amendment to the Act set forth in the caption to this Act, the following: and any officer or employee who shall be compelled to retire because of age or disability shall be entitled to receive a refund of all amounts deducted from his salary for pension purposes for any months for which he cannot receive credit on his pension., and enacting in lieu thereof as a part of said section the following: when any member shall be compelled to retire because of age or disability, or shall die, such member or his beneficiary shall be entitled to receive a refund of all amounts deducted from his salary for pension purposes for any months for which he or his beneficiary cannot receive full credit on pension benefits., Refund of contributions. so that, as amended, said section 1 shall read as follows: All officers and employees who shall have reached their 70th birthday shall be compelled to retire at the end of the calendar year immediately following their 70th birthday, and any officer or employee who shall have reached his 65th birthday shall have the right to retire and shall be entitled to a pro rata pension when so retiring, whether he has served 25 years or not, which benefits shall be continued to his widow if she is otherwise entitled to a pension. For example, if such officer or employee has served 10 years, he shall be entitled to 10/25ths of the pension that he would have been entitled to had he served 25 years. Fractional parts of years shall not be counted; when any member shall be compelled to retire because of age or disability, or shall die, such member or his beneficiary shall be entitled to receive a refund of all amounts deducted from his salary for pension purposes for any months for which he or his beneficiary cannot receive full credit on pension benefits. Provided, however, that any officer who is elected for a term prior to his 70th birthday or any officer who was elected prior to the enactment of this Act, shall have the privilege of completing his term of office before he shall be compelled

Page 2891

to retire. Provided, further, that the board of education shall be authorized to require employees of the school department to retire upon reaching 65 years of age and that the mayor and board of aldermen shall have like powers with respect to other employees covered by this Act. No officer elected by the people shall be compelled to retire. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 4, 1963. PENSION ACT FOR POLICEMEN OF CITIES HAVING A POPULATION OF MORE THAN 150,000 AMENDED. No. 263 (House Bill No. 33). An Act to amend an Act entitled an Act to repeal an Act approved August 18, 1925 relating to pensions for members of the police department in cities having a population of 150,000 according to the last census of the United States or any subsequent census thereof and providing a new pension system for members of the police department in such cities (Ga. L. 1933, pp. 213-224), so as to provide for definitions; to provide that if any such cities shall cease to have a treasurer or does not have a treasurer, the mayor of such city shall appoint annually one member of the aldermanic board of such city as a member of the board of trustees; 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 set forth in the caption to this Act be further amended as follows: Section 1. Mayor shall be deemed to include the chief executive officer of any city coming within the provisions of this Act. City Comptroller shall include any officer by whatever title designated who performs the duties in whole

Page 2892

or in part of a city comptroller. Aldermanic Board shall include the legislative body of any such city. Board of Education shall include any board or body performing the duties usually assigned to a board of education. Definitions. Section 2. By striking therefrom section 2 of an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2707) and enacting in lieu thereof the following: There is hereby established to serve without pay a board of trustees whose duty it shall be to manage the funds that shall be collected to pay pensions under the provisions of this Act, which said funds shall be kept as a separate fund. The board of trustees shall consist of the mayor, one member of the aldermanic board, to be appointed annually by the mayor, the city comptroller, and two members of the police department who shall be in good standing at the time of their election and who shall be elected in January of each year. Board of trustees. Section 3. Be it further enacted that section 1 of an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2707) which is as follows: In the event that any such city shall cease to have a treasurer or does not have one, the chairman of the finance committee or the chairman of a similar committee, shall be a member of said board of trustees. be and the same is hereby repealed. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 4, 1963.

Page 2893

PENSION ACT FOR POLICEMEN OF CITIES HAVING A POPULATION OF MORE THAN 150,000 AMENDED. No. 264 (House Bill No. 136). An Act to amend an Act approved February 15, 1933 (Ga. L. 1933, p. 213 et seq.) providing for pensions for members of police departments in cities having a population of 150,000 or more according to the last census of the United States or any subsequent census thereof, and for other purposes, so as to provide additional pension benefits for all members of the police department of such cities who have served in excess of 30 years at the time of retirement; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that the Act described in the caption hereof, as amended, be and the same is hereby further amended as follows: Section 1. The pension benefits provided by this section and the several subsections shall be in lieu of like pension benefits provided by existing provisions of this Act. (a) Any member of the police departments of such cities eligible for a pension who is in the employment of such cities prior to the effective date of this amendment may elect to come under the provisions of this amendment by making written application to the pension board prior to July 1, 1963. The applicant must agree in writing to accept the benefits and obligations of this amendment in lieu of other pension benefits and obligations under this Act, as amended. Election of coverage. All such members of the police departments in the employment of such cities on the effective date of this Act who do not in writing agree to accept the benefits and obligations of this amendment shall have their rights and obligations determined under the law as it existed prior to this amendment.

Page 2894

(b) When such member shall retire as a matter of right, he shall be paid thereafter a monthly pension equal to one-half of the average monthly salary paid to such member during the twelve (12) months immediately preceding his retirement but said pension payment shall not exceed $150.00 per month, except as hereinafter provided. Amount of pension. In case the member has served 26 years, or more, the amount of the pension payment shall be increased $5.00 per month for each full year's active service in excess of 25 years. In case the member has served 30 years, or more, the amount of the pension shall be increased an additional $5.00 per month for each full year's active service in excess of 30 years. The records kept in the office of the comptroller or other chief finance officer of such city shall be conclusive as to the time served. Records. (c) The total pension benefits as provided by this Act, as now amended, shall be limited in the following particulars: The total pension benefits plus any social security benefits that may inure to such person by reason of his employment by such city shall not exceed 75% of his average monthly salary averaged for the last year of his employment as herein provided. The board of trustees shall establish rules to carry out this restriction, which shall not apply to social security benefits inuring to such person by reason of other employment. Total pension. (d) The sum of 5% of the salary, not exceeding $300.00 per month, paid to such member in the event he does not provide for payment of a pension to his beneficiary as authorized by this Act, as amended, and the sum of 6% of the salary, not exceeding $300.00 per month, in the event he does provide for the continuance of the pension to his beneficiary, shall be deducted from the salaries or wages of all such members who consent and agree to the provisions of this amendment. Like deductions shall be made from the salaries of those required to come under this amendment. The

Page 2895

sums shall be retained by the comptroller or other chief finance officer of the city, as the case may be, and are hereby set apart as a pension fund, free from the control of any such city for any other purpose or expenditure. Contributions. (e) This section and the several subsections shall be effective the first day of the month following the passage and approval of this Act and the payments required by the preceding section, as to those then employed and electing to come under this amendment, shall begin with that date. As to those subsequently coming into the service of the city, the payments shall begin with the employment or qualification for service. Effective date. (f) Any member who shall elect to come under the terms of this amendment and who shall retire within three (3) years of the effective date of this Act, shall pay or shall have paid into the pension fund an amount equivalent to 1% of his salary used in computing his retirement pay, for said three (3) year period. Contributions. (g) All regular members of such police departments 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. New policemen. Section 2. Should said fund at any time be insufficient to meet and pay the pensions due to such members, such governing authorities shall appropriate from current funds other than funds derived from ad valorem taxation sufficient amounts to make up the deficiency as it relates to such members. Payments by cities. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 4, 1963.

Page 2896

SMALL CLAIMS COURTS CREATED IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 15,230 AND NOT MORE THAN 15,825. No. 265 (House Bill No. 233). An Act creating a Small Claims Court in certain counties in this State; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; to prescribe the jurisdiction, the pleading, practice and service of process therein; to provide for a clerk and prescribe his remuneration; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established in each county in this State having a population of not less than 15,230 and not more than 15,825, according to the U. S. Census of 1960 or any such future 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 five hundred ($500.00) dollars, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties. Said jurisdiction shall include the power to issue writs of garnishment and attachment and in addition to the powers herein specifically granted including like powers granted to justices of the peace by the laws of the State of Georgia. Created. Section 2. The Governor shall appoint a citizen of any such county to be judge of any such court for a four year term beginning from the time of his appointment. Judge. Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the superior court of the county or any judge of a city court located in said county, on application of any party or the said judge of the Small Claims Court who is unable

Page 2897

to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable. Same. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. Clerk. Section 5. All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Fees. Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff 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 claims, 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 official or person authorized by law to serve process in circuit courts; or by registered mail with return receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge for that purpose. (b) When notice is to be served by registered mail, the clerk shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant, at his last known address, prepay the postage from the filing fee hereinafter provided for, mail the same forthwith, noting on the record the day and hour of mailing. If such receipt is returned, the clerk shall attach the same to the original statement of claim, and it shall be prima facie evidence of service upon the defendant.

Page 2898

(c) When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof 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 the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Docket. Section 8. The plaintiff, when he files his claim, shall deposit with the court the sum of five ($5.00) dollars, which shall cover all costs of the proceeding except of service of the notice other than by registered mail and as hereinafter provided, and the deposit of costs in cases of attachment, garnishment or trover shall be seven dollars and fifty cents ($7.50). If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Costs, etc. Section 9. (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make

Page 2899

an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. Pretrial conferences. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. Rules. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Same. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Same. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Judgments. Section 12. The judge of the superior court presiding in any such county may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this act and shall have power to prescribe,

Page 2900

modify and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes hereof. Rules. Section 13. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. The judge or clerk shall have the power to subpoena jurymen, and witnesses. Jury trials. Section 14. Judgments of small claims courts shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the Superior Court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Liens. Section 15. Appeals may be had from judgments returned in a small claims court, to the superior court, and the same provisions now provided for by law for appeals from courts of ordinary to the superior court, shall be applicable to appeals from the small claims court to the superior court. Appeals. Section 16. Until otherwise provided by rules of court the statement of claims, verification, and notice shall be in the following equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Small Claims Court

Page 2901

Statement of Claim

Page 2902

Section 17. The judge appointed at the time this act becomes effective shall continue to serve until the expiration of his term of appointment and his successors shall be appointed by the then Governor of Georgia for succeeding terms of four years each, and until their successors are appointed and qualified. Pleadings Process Term of judge. Section 18. All forms, docket books, file jacket, filing cabinets and the like, required by this act shall be furnished by the county commissioners. Supplies. Section 19. All laws or parts of laws in conflict herewith are hereby repealed. Approved April 4, 1963.

Page 2903

ACT PROVIDING PENSION FOR EMPLOYEES OF CITIES HAVING OVER 150,000 POPULATION AMENDED. No. 266 (House Bill No. 236). 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, particularly as amended by Acts approved March 6, 1962 (Ga. L. 1962, p. 3140), so as to provide that any officer, employee, or beneficiary in case of death, shall be refunded all contributions made by him on monthly earnings in excess of monthly earnings necessary to arrive at the maximum pension allowable, 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. An Act approved August 20, 1927 (Ga. L. 1927, p. 265 et seq.) providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent census, shall furnish pensions to officers and employees of such cities, as amended, particularly by an Act approved March 6, 1962 (Ga. L. 1962, p. 3140), is amended by adding subparagraph (d) (1), section 1, to read as follows: Section 1. (d) (1). Provided, however, that whenever monthly earnings, as defined in this Act as amended particularly by the 1962 Georgia Laws page 3142, multiplied by years of creditable service at the time of retirement or death, shall entitle any officer or employee, coming under the provisions of this Act as amended particularly by the 1962 Georgia Laws, page 3142, to a pension in excess of the maximum pension allowable hereunder, said officer or employee at the time of retirement, or beneficiary in case of

Page 2904

death of said officer or employee prior to retirement, shall be refunded all contributions made by him on monthly earnings in excess of monthly earnings necessary to arrive at the maximum pension allowable. Refunds of contributions. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 4, 1963. TOWN OF AVERAMAYOR AND COUNCILMEN. No. 267 (House Bill No. 242). An Act to amend an Act entitled An Act to amend an Act entitled `An Act to incorporate the Town of Avera in the County of Jefferson and the 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 so as to provide that the first election of mayor and five (5) councilmen shall be held on the second Tuesday in December, 1963; to provide for a mayor and five (5) councilmen to serve until December 31, 1963, and until their successors are elected and qualified; and to provide a method of determining who shall serve the various terms of office as councilmen in the event of a tie vote in the election to be held on the second Tuesday in December, 1963; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved March 3, 1962 (Ga. L. 1962, Vol. 2, page 2698 et seq.) entitled An Act entitled `An Act

Page 2905

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. is hereby amended by striking from said Act section Two (2) in its entirety and substituting in lieu thereof a new section Two (2) which shall read as follows: 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, 1963, 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, 1963, that all persons seeking the office of mayor shall declare that they are seeking such office and 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. If in the election for councilmen held on the second Tuesday in December, 1963, there should be a tie vote, the councilmen receiving such tie vote shall draw for the terms that each shall serve. 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

Page 2906

discharge of the duties of the office to which they have been elected. Mayor and councilmen. Section 2. Said Act is further amended by adding a new section to be designated as section 2A and to read as follows: Section 2A. The terms of office of the present board of aldermen of the Town of Avera, Georgia, all of whom who are now serving over and beyond the terms for which they were elected, are hereby terminated. C. H. Dixon is hereby named mayor and C. E. Mathis, C. H. Harden, L. R. Dixon, Roy L. Faglier and M. O. Miller are hereby named councilmen to succeed the said board of aldermen of said Town of Avera, to serve until December 31, 1963, and until their successors are elected and qualified and shall enter upon the duties of their office immediately upon the passage of this Act and the taking of the prescribed oath of office. Mayor and councilmen named. Section 3. All laws and parts of law in conflict with this Act are hereby repealed. Georgia, Jefferson County. Personally appeared before the undersigned authority, duly authorized to administer oaths, J. Roy McCracken, who, on oath, deposes and says that he is the Representative from Jefferson County, Georgia, in the General Assembly of Georgia, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The News and Farmer, which is the official organ of said county, on the following days: January 10, January 17 and January 24, 1963. /s/ J. Roy McCracken Sworn to and subscribed before me this 12 day of January, 1963. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My commission expires Oct. 6, 1964. (Seal).

Page 2907

Georgia, Jefferson County. To Whom it May Concern: Notice is hereby given that a local bill will be introduced during the 1963 session of the General Assembly of the 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 the government of said town shall be vested in a mayor and five councilmen, and to provide for the naming of the mayor and five councilmen to serve as mayor and councilmen until their successors are elected and qualified. 2. To provide for the election of a mayor and councilmen for staggered terms. 3. To provide that the date for the holding of elections in said town for the election of a mayor and councilmen to succeed those to be named in the Act shall be held on the second Tuesday in December of each year. Dated this 7th day of January, 1963. J. Roy McCracken, Representative, Jefferson County, Georgia Approved April 4, 1963. CITY OF SYLVESTERCORPORATE LIMITS. No. 268 (House Bill No. 295). An Act to amend an Act entitled An Act to create a new charter of the City of Sylvester, to declare the rights, powers and privileges of said corporation and to consolidate all Acts relating to the rights and powers of said corporation etc., approved August 18, 1919, which charter

Page 2908

Act is published in Georgia Laws, 1919, pages 1317-1352, and Acts amendatory thereof; so as to enlarge and to extend the city limits of City of Sylvester; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia that an Act to create a new charter for the City of Sylvester to declare the rights, powers and privileges of said corporation and to consolidate the Acts relating to the rights and powers of said corporation; which charter Act was approved August 18, 1919, and published in Georgia Laws 1919, pages 1317-1352, and Acts amendatory thereof, be and the same hereby are amended as follows: Section 2. That the corporate limits and boundaries of said City of Sylvester are extended and enlarged to embrace and to include the following described additional territory, to-wit: Tract One :That certain tract of land lying and being in land lot no. 379 in 7th land district of Worth County, Georgia, described as follows: Beginning at a point on north boundary line of North Street as presently laid out, at iron pin marking common corner between land of Miss Lizzie J. Deariso and land of C. H. Mullis, thence running along north boundary line of North Street south 89 degrees 27 minutes east 994 feet to center of run of Ford Branch (formerly sometimes referred to as Crockett Branch); thence running in a northerly direction along the run of said Branch to south boundary line of extension of King Street (which extension is of same width and on same bearing as King Street presently exists in City of Sylvester); thence running along south boundary line of said extension of King Street north 88 degrees 41 minutes west 623 feet to east boundary line of Sylvester and Warwick paved road; at point marked with an iron pin; thence running along east boundary line of right of way of said Sylvester and Warwick paved road south 11 minutes west 1104.4 feet to an iron pin; thence

Page 2909

continuing southerly along east boundary line of right of way of said paved road on a 2 degree west curve 534 feet to an iron pin; and thence running on dividing line between land of Miss Lizzie J. Deariso and land of C. H. Mullis south 13 minutes west 570.1 feet to iron pin at point of beginning. Said tract being according to plat prepared by G. E. Warren, Registered Land Surveyor, dated January 24, 1963, which is made a part of this description by reference thereto. Tract Two :That certain tract of land lying and being in land lot no. 379 in 7th land district of Worth County, Georgia, and being all of that portion of extension of King Street which lies north of said tract one; that is, all of that portion of extension of King Street which lies between land of C. H. Mullis and land of B. H. Powell; said extension of King Street being of the same width and on the same bearing that King Street presently exists in City of Sylvester. Section 3. That should any portion of this Act be held invalid, then such fact shall not affect or destroy other provisions and clauses of this Act. Section 4. Be it further enacted that all parts of laws in conflict with this Act be, and the same hereby are repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Sylvester intends to apply for the passage of local legislation at the 1963 session of the General Assembly of Georgia, which convenes in January, 1963, to amend the Charter of City of Sylvester (Ga. L. 1919, pp. 1317-1352, and Acts amendatory thereof), so as to annex and add new territory to become a part of the City of Sylvester. This notice is given pursuant to Section 2-1915 of the present Code of the State of Georgia. This January 21st, 1963. City of Sylvester By: J. D. Hall, Clerk of Council

Page 2910

State of Georgia, Worth County. Personally before the undersigned officer authorized by law to administer oaths in said county, appeared Marian A. Sumner, who, being first sworn, says on oath as follows: that she is editor and publisher of The Sylvester Local, the newspaper published in said county in which sheriff's advertisements are published in said county, she being also the manager and the officer in charge of Sylvester Local Corp., which owns and publishes said newspaper; and that the foregoing is a true copy of notice to apply for local legislation affecting said City of Sylvester, and that said notice was published once a week for three weeks in said newspaper, said notice having been so published in said newspaper in the issues thereof dated and published January 24th, 1963, January 31st, 1963, and February 7th, 1963, respectively. /s/ Marian A. Sumner Sworn to and subscribed before me, this 9th day of February, 1963. /s/ P. B. Ford Notary Public, Georgia, State at Large. (Seal). Approved April 4, 1963. CRIMINAL COURT OF FULTON COUNTYSALARIES AND PENSIONS OF JUDGES AND SOLICITOR. No. 269 (House Bill No. 360). 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,

Page 2911

so as to adjust and fix the salaries of the judges and solicitor-general of the Criminal Court of Fulton County and for other purposes, approved February 27, 1962 (Ga. L. 1962, p. 2291 et seq.) so as to repeal section 1 (a) of said Act approved February 27, 1962, 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. Section 1 (a) of that certain Act approved February 27, 1962 (Ga. L. 1962, p. 2291 et seq.), which reads as follows: 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, is hereby repealed in its entirety. Section of 1962 Act repealed. 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 legislation is attached hereto and made a part of this bill, and it is hereby declared that all requirements of law relating to the notice of intention to apply for the passage of the said 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

Page 2912

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, 1962, and on the 3, 10, 17 days of January, 1963. As provided by law. /s/ Frank Kempton Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the 1963 session of the General Assembly, which convenes on Monday, January 14, 1963, for the passage of local legislation to amend an Act entitled: An Act to establish the Criminal Court of Atlanta and in pursuance thereof to amend an Act establishing the City Court of Atlanta, passed December 15, 1871, and Acts amendatory thereof, and for other purposes, (Ga. L. 1890-91, Vol. 2 p. 935 et seq.), as amended by an Act approved February 27, 1962 (Ga. L. 1962 p. 2291 et seq.) This legislation may contain any matter germane to said Acts, as amended. John I. Kelley Solicitor General, Criminal Court of Fulton County. Subscribed and sworn to before me this 15th day of February, 1963. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My commission expires Oct. 18, 1963. (Seal). Approved April 4, 1963.

Page 2913

CATOOSA COUNTYCLERICAL ASSISTANT FOR SHERIFF. No. 270 (House Bill No. 362). An Act to repeal an Act providing for a clerical assistant to the sheriff of Catoosa County, approved March 10, 1959 (Ga. L. 1959, p. 3022), as amended by an Act approved March 28, 1961 (Ga. L. 1961, p. 2806); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a clerical assistant to the sheriff of Catoosa County, approved March 10, 1959 (Ga. L. 1959, p. 3022), as amended by an Act approved March 28, 1961 (Ga. L. 1961, p. 2608) is hereby repealed in its entirety. 1959 Act repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January, 1963 session of the General Assembly of the State of Georgia, a bill to repeal the Act providing for a clerical assistant to the sheriff of Catoosa County, approved March 10, 1959 (Ga. L. 1959, p. 3022), as amended by an Act approved March 28, 1961 (Ga. L. 1961, p. 2608) and for other purposes. This 2nd day of January, 1963. /s/ Joe T. Clark Representative of Catoosa County, Georgia. Georgia, Catoosa County. Personally appeared before me, an officer duly authorized by law to administer oaths, Ned Lee, who, being duly sworn, deposes and states that he is editor of the Catoosa

Page 2914

County News, a paper of general circulation and the one in which sheriff's advertisements are published in Catoosa County, Georgia, and the above notice of intention to ask for local legislation was published in the Catoosa County News on the following dates: January 3, 1963; January 10, 1963; January 17, 1963. /s/ Ned Lee Sworn to and subscribed before me this 20th day of January, 1963. /s/ Carolyn L. Cavin Notary Public. (Seal). Approved April 4, 1963. EVANS COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT. No. 271 (House Bill No. 373). An Act to amend an Act entitled An Act to fix the compensation of the clerk of the superior court of Evans County; to provide that all fees, commissions and other compensation of the clerk of the superior court of Evans County shall be paid to the fiscal authority of Evans County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 17, 1960 (Ga. L. 1960, p. 2973), so as to change the salary of the clerk of the superior court of Evans 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 of the clerk of the superior court of Evans County; to provide that all fees, commissions and other compensation of the clerk of the superior court of Evans County shall be paid to the fiscal authority of Evans County, Georgia; to

Page 2915

provide an effective date; to repeal conflicting laws; and for other purposes., approved March 17, 1960 (Ga. L. 1960, p. 2973), 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. Beginning on the first day of April, 1963, and monthly thereafter until January 1, 1965, the clerk of the superior court of Evans County shall receive a salary of $450.00 per month payable monthly out of the funds of the county. Beginning on January 1, 1965, the clerk of the superior court of Evans County shall receive a salary of $6,000.00 per annum payable in equal monthly installments out of the funds of the county. The salary herein provided shall be the sole compensation of the clerk of the superior court of Evans County, whether he be ex-officio clerk of other courts or not. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to have introduced at the 1963 session of the General Assembly of Georgia, a bill to change the salary of the clerk of superior court of Evans County, and of the City Court of Claxton, and for other purposes, this 21st day of January, 1963. Jack H. Burkhalter, Clerk of Superior Court, Evans County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. E. Perry, who, on oath, deposes and says that he is Representative from Evans County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Claxton Enterprise, which is the official organ of said

Page 2916

county, on the following dates: Jan. 24, Jan. 31 and Feb. 7, 1963. /s/ G. E. Perry Representative, Evans County Sworn to and subscribed before me this 18th day of February, 1963. /s/ Frank E. Blankenship Notary Public, Georgia, State at Large. My commission expires July 15, 1966. (Seal). Approved March 30, 1963. CITY OF COLUMBUSMEDICAL CENTER BOARD OF COMMISSIONERS. No. 272 (House Bill No. 382). An Act creating for the City of Columbus a board of commissioners to be known as Medical Center Board of Commissioners; defining the authority and duties of said board; the method of electing members to said board; their terms of office; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is herein enacted by the authority of same as follows: Section 1 . There is hereby created for the City of Columbus a board of commissioners to be known as Medical Center Board of Commissioners who shall have the supervision and control of the building, construction, operation and management of the Medical Center of the City of Columbus. The mayor and the city commission of the City of Columbus shall elect the members of said Medical Center Board of Commissioners in accordance with the provisions of this Act and shall fill all vacancies that may occur on said board at any regular meeting of the city commission of

Page 2917

Columbus after such vacancy may exist and that said Medical Center Board of Commissioners shall consist of nine (9) persons, one of whom shall be the mayor of the City of Columbus, who shall be an ex officio member with full and equal power, rights and duties as other members of the Medical Center Board of Commissioners, and eight (8) other persons, all of whom shall be free holders and citizens of the City of Columbus and qualified by law to vote at elections for the selection of city commissioners of the City of Columbus. Created. Section 2. Terms of Office . The term of office of each member of said Medical Center Board of Commissioners shall be four years except the members of the first board to serve; that the first election for members of said board shall be held at any regular meeting of the city commission of the City of Columbus after the passage of this Act; at which meeting of the city commission of the City of Columbus the eight persons to constitute the first Medical Center Board of Commissioners shall be elected, two of whom shall be elected to serve until the first day of January following said election, two to serve until the first day of January thence next following, two to serve until the first day of January thence next following, two to serve until the first day of January thence next following, so that the term of office of only two members will expire each year; and as the respective terms of office of each member of said Medical Center Board of Commissioners expire, the mayor and the city commission of the City of Columbus at the regular meeting of the city commission of the City of Columbus to be held in July of each year prior to the expiration of the term of office of each member shall elect a successor to member of said board whose term expires in January following thereafter, who shall be elected for the full term of four years so that two members of said board shall be elected in July of each year. Section 3. Chairman; Oath of Members . The Medical Center Board of Commissioners shall choose from their number annually one to serve and act as chairman of said board. The members of said Medical Center Board of Commissioners shall each, before entering into the discharge of his or

Page 2918

her duties, take and subscribe to the following oath: I do solemnly swear that I am duly qualified to serve as a member of the Medical Center Board of Commissioners of the City of Columbus; that I will, to the best of my ability, faithfully discharge all of the duties and obligations devolving upon me as a member of said board without fear, favor and affection, and as will subserve the best interests of the City of Columbus, so help me God, which oath shall be taken before any officer authorized by law to administer oaths. Section 4. Quorum, Duties, Records of Proceedings, Reports . A majority of said Medical Center Board of Commissioners shall constitute a quorum for the transaction of said Board within the scope of their duty or authority shall be obligatory upon and be considered in law as if done by the mayor and the city commission of the City of Columbus. Said board shall have the power and authority to make rules and regulations for the conduct of its affairs and shall keep a record in books, to be purchased and kept for that purpose, of all acts and doings of said board, which said books shall be subject to examination at any time by persons authorized to do so by the mayor and the city commission of the City of Columbus; and said Board shall make reports to the mayor and the city commission of the City of Columbus of the operation and condition of said medical center in accordance with any ordinance or resolution that may be passed by the city commission of the City of Columbus with reference to the same. Section 5. Hospital Administrator, Compensation, Employment of Professional Assistants, Purchase of Materials, Contracts . Said Medical Center Board of Commissioners shall have the power to appoint a hospital administrator for the operation and management of said medical center and such other professional employees as the board may deem necessary for the construction, expansion or development of the physical plant of the medical center as said expansion may, from time to time, be determined needful or necessary by the Medical Center Board of Commissioners; and shall have the right to fix the compensation of such administrator and professional assistants; also the power to appoint a secretary for said board and employ such doctors, managers,

Page 2919

clerks, nurses, nurses' aids, and laborers as may, from time to time, be found needful in building, constructing, expanding, managing and operating said medical center, and to fix the salaries and compensation of all such employees; that said Board may purchase, from time to time, such material, machinery, apparatus, appliances, drugs, medicine or equipment as may be needed in the building, constructing, maintaining and operating of said medical center; that all contracts made by said board for material or for construction of said medical center or any part thereof which shall involve an expenditure of over $500.00 shall be made in writing, and of each contract two copies shall be made, one of which shall be deposited with the city clerk for the benefit of the mayor and the city commission of the City of Columbus, and one to be retained by said board; and said board shall have the authority to require from any person or persons, firm or corporation with whom they contract satisfactory security for the faithful performance of said contract according to those terms; and no member of said Board shall be interested directly, indirectly or remotely in any contract relating to the construction or operation of said medical center. Section 6. Use and Price of Medical Center Services, Promulgation of Regulations . Said board of commissioners shall regulate the use of the medical center facilities and shall fix the price for patients therein and the terms of payment therefor; that said Medical Center Board of Commissioners shall have full power and authority to contract with the City of Columbus and governing boards of other political subdivisions regarding the financing of or payment for indigent care; that said board shall have the power to make all rules and regulations respecting the admission of patients to the medical center as to them shall seem necessary and proper. Section 7. Contracts with Other Governmental Units . The Medical Center Board of Commissioners shall have the power and authority to contract with Muscogee County and/or other counties or agencies of government for the care of indigent sick or other patients who may be better

Page 2920

treated by the facilities available at the medical center of Columbus. Section 8. Money, Use Authorized . Whatever sum or sums of money that may be provided by the mayor and the city commission of the City of Columbus either from the sale of bonds or otherwise for specific purposes shall be paid over to said Medical Center Board of Commissioners and by them used and paid out for that purpose only, and should any surplus be left thereof after the purpose has been satisfied shall be turned over to the treasurer of the City of Columbus and by him used only for the payment of principal and interest on any bonds that may have been issued and sold for that purpose. Section 9. Money Not Earmarked, Use Authorized, Payment Over of Surplus; Board a Subordinate Branch, Removal of Members . All money coming into the hands of said Medical Center Board of Commissioners from any source, after paying for any necessary expenses for the maintenance, operation and development of the medical center, shall be paid to the treasurer of the City of Columbus annually and at least fifteen days prior to the time of the payment of any principal or interest that may become due on any bonds that may have been issued for the purpose of building, constructing, and expanding the medical center facilities; and the same shall be used by said city treasurer only for the purpose of paying any principal and interest then to become due; but if the revenue and receipts of money derived from the operation of said medical center for any year be less than sufficient for the cost of operation of the medical center, the City of Columbus will make up the deficit; but if the revenue and receipts of money derived from the operation of said medical center for any year be more than sufficient to discharge the cost of operation of the medical center and the interest and principal on said bonds maturing in that year, the surplus may be used and appropriated by the mayor and the city commission of the City of Columbus for any other public improvement in said city as to them may seem proper. Be it further enacted that said Medical Center Board of Commissioners shall be considered a subordinate branch of the city government of Columbus and shall conform

Page 2921

in their actings and doings to all ordinances that may be passed by the mayor and the city commission of the City of Columbus; that the mayor and city commission may at any time remove any member which they may have elected to said board if it shall satisfactorily appear after reasonable notice to the party and hearing of the causes of complaint and answers thereto, if any should be offered, that the member whose removal is sought has been guilty of mal-administration or neglect of the duties of this office, that his removal will be right and proper. Section 10. Compensation to Members; Inspection of Works and Books . The members of said board shall not receive any compensation for their services but shall be paid and refunded all reasonable expenses which they may incur in the performance of their duties; that the mayor and the city commission of the City of Columbus shall be authorized, by and through a committee of their own number or by any person they may select, to inspect at their pleasure the state and condition of the medical center and property thereto belonging and also all books and accounts pertaining to the affairs conditioned by them; and the said board shall give and furnish them any reasonable facility and assistance in making such inspections. Section 11 . The City of Columbus shall be bound by commitments made by the Medical Center Board of Commissioners with the other agencies of government to obtain contributions or grants from such other agencies of government, foundations, institutions, or individuals. Contracts. Section 12 . All laws or parts of laws in conflict herewith are hereby repealed. Section 13 . That there is hereto attached and made a part hereof a copy of the notice of intention to apply for enactment hereof with the certificate of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of this bill.

Page 2922

Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and county, Maynard R. Ashworth, who on oath certifies and says that he is the publisher of The Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said county of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit, Dec. 31, 1962, Jan. 7, 1963, Jan. 14, 1963. /s/ Maynard R. Ashworth Sworn to and subscribed before me, this the 16 day of January, 1963. /s/ Barbara T. Moss Notary Public, Muscogee County, Georgia. My commission expires Feb. 20, 1963. (Seal). Certificate of Publication. 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, 1963, for the passage of a bill entitled as follows: An Act creating for the City of Columbus a board of commissioners to be known as Medical Center Board of Commissioners; defining the authority and duties of said board; the method of electing members to said board; their terms of office; and for other purposes. This the 28th day of December, 1962. /s/ Lennie F. Davis City Attorney, City of Columbus, Georgia. Approved April 4, 1963.

Page 2923

APPOINTMENT OF HOUSING AUTHORITY COMMISSIONERS IN CITIES HAVING A POPULATION OF NOT LESS THAN 115,000 AND NOT MORE THAN 125,000. No. 273 (House Bill No. 383). An Act to amend the Housing Authorities Law (Ga. L. 1937, pp. 210 and 211) as amended, providing that appointments, made by mayors, of housing authority commissioners pursuant to section 5 of the Housing Authorities Law shall only be made by and with the consent of the city commission or board of aldermen in cities having a population of not less than 115,000 and not more than 125,000 according to the United States census of 1960 or any future United States census, 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 Housing Authorities Law (Ga. L. 1937, pp. 210 and 211) as amended, be, and the same is, hereby further amended by adding a new section to be numbered Section 5B to follow section 5A thereof, said new section to read as follows: Section 5B. All appointments, made by mayors, of housing authority commissioners pursuant to section 5 shall only be made by and with the consent of the city commission or board of aldermen in cities having a population of not less than 115,000 and not more than 125,000 according to the United States census of 1960 or any future United States census. Section 2. This Act shall become effective and of force upon its passage and approval by the Governor. Section 3. That all laws or parts of laws in conflict herewith are hereby repealed. Section 4. That there is hereto attached and made a part

Page 2924

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 this bill. Certificate of Publication. 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, 1963, for the passage of a bill entitled as follows: An Act to amend the Housing Authorities Law (Ga. L. 1937, pp. 210 and 211) as amended, providing that appointments, made by mayors, of housing authority commissioners pursuant to section 5 of the housing authorities law shall only be made by and with the consent of the city commission or board of aldermen in cities having a population of not less than 115,000 and not more than 125,000 according to the United States census of 1960 or any future United States census, and for other purposes. This the 28th day of December, 1962. /s/ Lennie F. Davis City Attorney, City of Columbus, Georgia Georgia, Muscogee County: Personally appeared before me, a notary public in and for said State and county, Maynard R. Ashworth, who on oath certifies and says that he is the publisher of The Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published;

Page 2925

and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit, Dec. 31, 1962, Jan. 7, 1963, Jan. 14, 1963. /s/ Maynard R. Ashworth Sworn to and subscribed before me, this the 16 day of January, 1963. /s/ Barbara T. Moss Notary Public, Muscogee County, Georgia. My commission expires Feb. 20, 1963. (Seal). Approved April 4, 1963. CITY OF CARROLLTONTAX RATE FOR SCHOOL PURPOSES. No. 274 (House Bill No. 403). An Act to amend an Act creating a charter for the City of Carrollton, approved September 9, 1891 (Ga. L. 1890-91, Vol. II, p. 474), as amended, particularly by an Act approved February 19, 1951 (Ga. L. 1951, p. 2618), so as to provide for the rate of taxation for school purposes in and for said city not to exceed one and twenty one-hundredths (1.20) per centum per annum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a charter for the City of Carrollton, approved September 9, 1891 (Ga. L. 1890-91, Vol. II, p. 474), as amended, particularly by an Act approved February 19, 1951 (Ga. L. 1951, p. 2618), is hereby amended by striking from section 1 of the Amendatory Act of 1951, approved February 19, 1951 (Ga. L. 1951, p. 2618), the second paragraph therein in its entirety, and substituting in lieu thereof a new paragraph to read as follows:

Page 2926

The mayor and city council of the City of Carrollton shall in its discretion proceed to levy and collect such amount as it may deem necessary for school purposes by levy and collection of same as other taxes are collected, and provide that the rate of taxation under this Act shall not exceed one and twenty one-hundredths (1.20) per centum per annum and the mayor and city council of Carrollton, through its collection officer, shall be required to pay the same over to the treasurer of the board of education of said city from time to time as necessary for the operation of said schools which shall then constitute a fund to be expended by said board in payment of all legitimate expenses in running, operation and maintenance of said schools. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Carroll County: Personally appeared before me, an officer authorized to administer oaths, Stanley Parkman, who after being first duly sworn, deposes and says that he is editor of the Carroll County Georgian, legal organ for the County of Carroll and that the foregoing legal advertisement was published in said paper on January 24th and 31st and February 7th, 1963, as provided by law. This 8th day of February, 1963. /s/ Stanley Parkman Sworn to and subscribed before me this 8th day of February, 1963. /s/ Mrs. Martha L. Smith Notary Public. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly of the State of Georgia at its 1963 session to amend the limit

Page 2927

the mayor and city council of Carrollton may levy and collect for school purposes to one and fifty one hundredths per centum per annum and to repeal all Acts in conflict therewith. Mayor and City Council of Carrollton Board of Education for Carrollton Affidavit. Georgia, Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Carroll County Georgian, legal organ for Carroll County, the following dates, to-wit: January 24, 1963, January 31, February 7. Sworn to on the 20th day of February, 1963. /s/ Stanley Parkman Publisher Sworn to and subscribed to before me on the 20th day of February, 1963. /s/ Mrs. Martha L. Smith Notary Public. (Seal). Approved April 4, 1963.

Page 2928

COMPENSATION OF TAX COLLECTORS AND TAX RECEIVERS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 4,540 AND NOT MORE THAN 4,550, REFERENDUM. No. 278 (House Bill No. 468). An Act to repeal an Act entitled 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., approved February 26, 1962 (Ga. L. 1962, p. 2238); so as to clarify the compensation of tax collectors and receivers in certain counties; to provide that certain fees now collected by the tax collectors or tax receivers of certain counties shall hereafter be collected or received by the ordinaries; 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 entitled 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., approved February 26, 1962 (Ga. L. 1962, p. 2238), is hereby repealed in its entirety. 1962 Act repealed. Section 2. It is the specific intention of this Act that the persons holding the offices of tax collector and tax receiver of any county of the State having a population of not less than 4,540 and not more than 4,550 shall be compensated according to the schedule set out in Code section 92-5301 of the State of Georgia, as amended. Provided, however, that all fees or other perquisites relating to or connected with the issuance of motor vehicle license tags which are now collected or received by the tax collectors or tax receivers in those counties shall now be received or collected by the ordinaries of those counties. Compensation. Section 3. Not less than 15 nor more than 20 days after the date of the approval of this Act by the Governor, or

Page 2929

after it otherwise becomes law, it shall be the duty of the ordinary of any such county to issue the call for an election for the purpose of submitting this Act to the voters of such county for approval or rejection. The ordinary shall set the date of such election for a day not less than 20 nor more than 30 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of such county. The ballot shall have written or printed thereon the words: For approval of the Act changing the compensation of the tax collector and tax receiver. Against approval of the Act changing the compensation of the tax collector and tax receiver. 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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise 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. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1963.

Page 2930

EXAMINATION OF ELECTRICIANS IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 250,000 AND NOT MORE THAN 500,000. No. 279 (House Bill No. 470). An Act to amend an Act approved March 15, 1943, as amended by an Act approved February 8, 1951 (Ga. L. 1951, p. 57), entitled An Act to provide for the examination for qualified electrician, for the right to engage in said vocation in counties having a population of not less than 120,000 and not more than 145,000 according to the United States census of 1950 or any future United States census; to create a board of examiners for said purpose and to provide for the issuance of the renewal of certificates; and to provide for a penalty for the violation of said Act, and other purposes so as to strike from said Act, as amended, and the caption thereof, wherever they occur, the following words and figures: Not less than 120,000 and not more than 145,000 according to the United States census of 1950 and insert in lieu thereof Not less than 250,000 and not more than 500,000 according to the United States census of 1960, and to strike from section VII of said Act the following language, Provided further, that the provisions of this Act shall not apply to public utility corporations operating under the supervision of the Georgia Public Service Commission, 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 of this Act: Section 1. The Act approved March 15, 1943, as amended by an Act approved February 8, 1951 (Ga. L. 1951, p. 57), entitled as follows: An Act to provide for the examination for qualified electrician for the right to engage in counties having a population of not less than 120,000 and not more than 145,000 according to the United States census of 1950 or any future United States census; to create a board of examiners for

Page 2931

said purpose and to provide for the issuance of the renewal of certificates; and to provide for a penalty for the violation of said Act, and other purposes. be, and the same is hereby, amended by striking from the caption of said Act the following language: Not less than 120,000 and not more than 145,000 according to the United States census of 1950, and inserting in lieu thereof: Not less than 250,000 and not more than 500,000 according to the United States census of 1960, Population bracket changed. so that the caption of said Act, when amended, shall read as follows: An Act to provide for the examination for qualified electrician, for the right to engage in said vocation in counties having a population of not less than 250,000 and not more than 500,000 according to the United States census of 1960, or any future United States census; to create a board of examiners for said purposes and to provide for the issuance of renewal of certificates; and to provide for a penalty for the violation of said Act, and other purposes. Section 2. Be it further enacted by the authority aforesaid that section I of said Act approved February 8, 1951 (Ga. L. 1951, p. 57), be amended by striking therefrom the following language: Not less than 120,000 and not more than 145,000 according to the United States census of 1950, and inserting in lieu thereof the following language: Not less than 250,000 and not more than 500,000 according to the United States census of 1960, so that section I, when amended, shall read as follows: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the

Page 2932

same, that in all counties in this State having a population of not less than 250,000 and not more than 500,000 according to the United States census of 1960 or any future United States census, there shall be created a board of examiners to determine the fitness of qualified electricians to engage in said vocation, in order to safeguard life, health and property in said counties. Same. Section 3. Be it further enacted by the authority aforesaid that section VII of said Act, as amended by an Act approved February 8, 1951 (Ga. L. 1951, p. 57), be amended by striking therefrom the following language: Not less than 120,000 and not more than 145,000 according to the United States census of 1950, and substituting in lieu thereof the following language: Not less than 250,000 and not more than 500,000 according to the United States census of 1960, and to strike from said Act the following paragraph of section VII to-wit: Provided further, that the provisions of this Act shall not apply to public utility corporations operating under the supervision of the Georgia Public Service Commission, Exemptions. and substituting in lieu thereof the following language: Provided further, that the provisions of this Act shall not apply to persons installing wiring for a public utility rendering services and required by it to be utilized directly in the rendition thereof. so that section VII, when so amended shall read as follows: None of the provisions of this Act shall apply within the limits of any municipality in this State lying within counties which have a population of not less than 250,000 and not more than 500,000 according to the United States census of 1960 or any future census, except where municipalities do

Page 2933

not now have electrical inspections departments, and request through councilmanic resolution that the county electrical inspector inspect all work in their respective city, said work shall meet with the prescribed rules of the county and all qualified electricians shall be qualified through the same board of examiners as provided for in this Act. Provided further, that the provisions of this Act shall not apply to persons installing wiring for a public utility rendering services and required by it to be utilized directly in the rendition thereof. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved April 4, 1963. SMALL CLAIMS COURTS CREATED IN COUNTIES HAVING POPULATIONS OF NOT LESS THAN 11,775 AND NOT MORE THAN 12,100, INCLUDING BERRIEN AND COOK COUNTIES. No. 280 (House Bill No. 479). An Act creating a Small Claims Court in each county in this State having a population of not less than 11,775 and not more than 12,100 according to the U. S. Decennial Census of 1960 or any future such census, and including the Counties of Berrien and Cook; providing for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of office of the judge of any such Small Claims Court; prescribing the jurisdiction, the pleading, practice and service of processes therein; providing for a clerk and prescribing his duties and remuneration; providing for paraphernalia for such courts; validating acts and proceedings therein; providing the effective date hereof; to provide for one or more bailiffs of and for said small claims court; to standardize and fix the monetary limits of such courts in conformity with

Page 2934

preexisting small claims courts of this State; to provide for the procedure and practice in garnishments, in the issuing 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. There is hereby created and established in each county in this State having a population of not less than 11,775 and not more than 12,100 and including the counties of Berrien and Cook, a court known as the Small Claims Court, which court shall have civil jurisdiction 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 the powers granted to justices of the peace by the Constitution and laws of the State of Georgia. Created. Section 2. The judge of the superior court shall appoint and commission a citizen of any such county to be judge of any such court for a term ending January 1, 1967. All terms thereafter shall be for four years, and all appointments for 4 year terms or for any unexpired terms shall be made by the judge of the superior court. Judge. Section 3. Whenever the judge of the Small Claims Court shall be unable, because of absence, sickness, or other cause, to discharge any duty appertaining to his office, the

Page 2935

judge of the superior court of the judicial circuit shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge so unable to act. Same. Section 4. Any duties herein prescribed to be performed by the clerk of a small claims court may be performed by the judge thereof, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. Clerk. Section 5. All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Fees. Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in clear and concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may, at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. Procedure. (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 may be made 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. (b). When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and

Page 2936

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 case, and it shall be prima facie evidence of service upon the defendant. (c). When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d). When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e). The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof of his claim. (f). Said notice shall specify the day and hour of the hearing, which shall not be less than five nor more than thirty-five days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in the case. Docket. Section 8. The plaintiff, when he files his claim, shall deposit with the court the sum of five dollars ($5.00) which shall cover the costs of the 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

Page 2937

for justices of the peace; and, in claim cases and illegaligies, 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 discretion of the judge and shall be taxed in the case at his discretion. Costs, etc. Section 9. (a). On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. Pre-trial conferences. (b). The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. Rules. (c). In cases of attachment, garnishment, and trover, the legal grounds thereof shall be as now or hereafter provided by law, and the pleading and practice in such cases shall be substantially the same as obtained in courts of justices of the peace; and no formal declaration in attachment shall be required. Attachment, etc. (d). If the plaintiff fails to appear, the case may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may dictate. Rules. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be

Page 2938

filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may in his discretion continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. Same. Section 11. 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 execution issued from the small claims 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 demands 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 losing party in said proceeding. Claims. Section 12. When a judgment is to be rendered and the party against whom it is to be rendered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Judgments. Section 13. 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

Page 2939

may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Same. Section 14. The judge of the superior court presiding in any such county may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to ensure the proper administration of justice and to accomplish the purposes hereof. All such rules made by the Judge of the Superior Court shall be placed in a special book for that purpose which is to be kept by the Judge of the Small Claims Court. Rules. Section 15. 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 or malfeasance in office as are other lawful constables of this State. Bailiffs. Section 16. Such small claims courts shall have 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

Page 2940

ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served uopn 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 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. Dates for hearings. Section 17. 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 by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or 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 18. 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 by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. The judge or clerk shall have the power to subpoena jurymen, and witnesses, and to compel their attendance. Jury trials. (a). Unless otherwise demanded, such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each. (b). The judges of a small claims court shall have power to impose fines of not more than ten dollars or imprisonment

Page 2941

for not longer than twenty-four hours on any person guilty of contempt of court, such fines to be paid into the county treasury or county depository for county purposes. Contempt. Section 19. Judgments of Small Claims Courts shall become a lien on the real estate and personal property of a defendant, from the time of the filing in the office of the clerk of the superior court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Liens. Section 20. Appeals may be had from judgments rendered in a Small Claims Court, to the superior court, by the party desiring to appeal. Said party shall first pay all costs then due. Said party must then file in the superior court a written appeal which shall include the name and number of the case in the Small Claims Court stating his grounds for appeal, which grounds must first be heard before the judge of the superior court. If after a full hearing the grounds for appeal are denied, said party shall have the right to appeal to a higher court in the same manner as other decisions of the superior court are appealed. Appeals. Section 21. Until otherwise provided by rules of court, the statement of claims verification, and notice shall be in the following or equivalent form, and shall be in lieu of any forms now employed and of any form of summons and/or process now provided by law: Small Claims Court

Page 2942

Statement of Claim. Notice.

Page 2943

Section 22. All acts performed by the judge or clerk, and all proceedings had before the small claims court in counties of this State having a population of not less than 11,775 and not more than 12,100 according to the U. S. Decennial Census of 1960 or any future such census are hereby validated and all judgments and executions therein or therefrom shall run and be enforcible throughout this State. Pleadings. Process. Intent. Section 23. No time served as judge of said Small Claims Court shall count towards any retirement as a judge of a superior court. Section 24. All supplies and paraphernalia, forms, docket books, file jackets, filing cabinets and the like, required by this Act in the proper operation of a Small Claims Court shall be furnished by the county commissioners upon requisition of the judge of such court. Supplies, etc. (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. Section 25. If any word, phrase, sentence, section or part of this Act is declared unconstitutional, the remainder shall remain in full force and effect. Severability.

Page 2944

Section 26. All laws and parts of laws in conflict herewith are hereby repealed. Section 27. This Act shall take effect immediately upon becoming a law. Approved April 4, 1963. SALARIES OF SHERIFFS IN COUNTIES HAVING A POPULATION OF 500,000 OR MORE. No. 281 (House Bill No. 502). An Act to fix the salary of the sheriff in all counties having a population of 500,000 or more according to the United States Census of 1960 or any future United States Census; to provide that the effective date of this Act shall be January 1, 1963; to provide that said salary shall be paid in monthly installments; 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. Effective January 1, 1963 the salary of the sheriffs in all counties of the state having a population of 500,000 or more according to the United States Census of 1960, or any future United States Census, shall be fourteen thousand, four hundred ($14,400.00) dollars per annum, payable in equal monthly installments out of the treasuries of such counties. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 4, 1963.

Page 2945

STEWART COUNTYCOMPENSATION OF CLERK OF COMMISSIONER OF ROADS AND REVENUES. No. 282 (House Bill No. 540). An Act to amend an Act creating the office of commissioner of roads and revenues of the County of Stewart, approved August 23, 1927 (Ga. L. 1927, p. 654), as amended, so as to increase the compensation of the clerk 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 the office of commissioner of roads and revenues of the County of Stewart, approved August 23, 1927 (Ga. L. 1927, p. 654), as amended, is hereby amended by striking from section 27 the following words: The compensation of the said clerk shall be fixed by the said commissioner: Provided, that said compensation shall be not less than one hundred and fifty ($150.00) dollars per annum nor more than five hundred ($500.00) dollars per annum. Said compensation shall be paid in equal monthly installments. and inserting in lieu thereof the following: The compensation of the said clerk shall be one hundred and fifty ($150.00) dollars per month. Said compensation shall be paid monthly from the county treasury. so that when so amended section 27 shall read as follows: Section 27. Be it further enacted by the authority aforesaid that it shall be the duty of the ordinary of Stewart County to act as clerk for said commissioner, keeping all records, books and minutes of said commissioner's office and displaying them or publishing them as may be directed by said commissioner for the information of the general public. The compensation of the said clerk shall be one hundred and fifty ($150.00) dollars per month. Said compensation shall be paid monthly from the county treasury.

Page 2946

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Stewart County. Notice is hereby given that there will be introduced in the 1963 session of the General Assembly, a bill to increase the salary of the clerk of the county commissioner as recommended by the July Grand Jury. Sam S. Singer Representative, Stewart County, Georgia. To Whom It May Concern: This is to certify that the attached Legal Advertisement, Notice to Introduce Local Legislation has been published three consecutive issues in The Stewart-Webster Journal, February 14, 21, 28. /s/ John M. Hayden Publisher /s/ Dorothy F. McKinnon Notary Public, Georgia, State at Large. My commission expires Jan. 22, 1966. (Seal). Approved April 4, 1963.

Page 2947

CITY OF MARIETTACHARTER AMENDED. No. 283 (House Bill No. 554). An Act to amend an Act providing a new charter for the City of Marietta, approved August 15, 1904 (Ga. L. 1904, pp. 519-533), as amended, together with related Acts, pertaining to the Marietta Board of Education, the Marietta Board of Lights and Waterworks, and other Marietta agencies, so as to change the corporate limits of said city; to amend provisions with regard to fines, or penalties, for violations of ordinances; to amend provisions pertaining to the school tax; to grant powers of eminent domain to the Marietta Board of Education; to amend provisions pertaining to payments from Board of Lights and Waterworks to the City Board of Education; to amend provisions pertaining to disability benefits for the city policemen and firemen; 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, pp. 519-533), as amended, is hereby amended by striking section 20 in its entirety and substituting in lieu thereof a new section 20 to read as follows: Section 20. The mayor and council of the City of Marietta shall have authority to make such contracts as they may deem necessary for said city, and to purchase, hold and sell real and personal property. For the purpose of raising revenues for the support and maintenance of the general purposes of the government of the City of Marietta, the mayor and council of said city shall have full power and authority to levy and collect annually an ad valorem tax of not exceeding 80 on the one hundred dollars upon all taxable property, real and personal, or otherwise, as subject to said tax by said city, within the corporate limits of said city and upon all money and choses in action whose owner resides within the corporate limits of said city which are subject to taxation by the said city under the laws of the State of

Page 2948

Georgia; and, in addition thereto, the mayor and council shall have power and they are hereby authorized to levy and collect an ad valorem tax annually in addition to that now allowed by law to the City of Marietta for general purposes of city government, or otherwise not to exceed $1.10 per one hundred dollars on all taxable property in the City of Marietta, as may be subject to an ad valorem tax by said city, for the purposes of supporting and maintaining the public schools of said city, it appearing the city schools may lose part, or all, impacted area funds from the Federal Government; and in addition thereto, the mayor and council of said city are hereby authorized to levy and collect annually an ad valorem tax on all taxable property in said city for the purposes of providing a sinking fund for the purpose of paying principal of any bonds heretofore issued by the said city or as may hereafter be issued by the city authorities; and to provide a fund for the payment of the annual interest on said bonds a greater ad valorem tax may be levied and collected annually on all taxable property in said city by the mayor and council. The mayor and council of the city of Marietta shall have power and they are hereby authorized to provide by ordinances for the return of all taxable property in the City of Marietta as may be subject to taxation by said city and to provide penalties for neglect or refusal by the property owners or agents thereof to comply with the ordinances. Tax rates. Section 2. Said Act is further amended by striking section 25 in its entirety and substituting in lieu thereof a new section 25 to read as follows: Section 25. The mayor shall be the chief executive officer of said city, and he shall have general supervision over all its affairs. He shall sign all deeds and contracts, preside at all meetings of the council, and cast the deciding vote in case of a tie vote. It shall be his duty to see the laws of the State and ordinances of the city are faithfully executed within the corporate limits; to see that each officer of said city discharges his duty, and to cause any officer and employee to be prosecuted for neglect or violation of duty, or immoral conduct. He shall keep the council advised from time to time of the general condition of the city, and shall

Page 2949

recommend measures as he may deem necessary or expedient for the welfare thereof. He shall call the council together when so requested by a majority of the council, or when it seems to him to be important to the welfare of the city. At the first regular meeting of the council after his qualification, he shall appoint standing committees, to whom shall be referred such business as the council may deem proper. He shall preside over the mayor's court for the trial of offenders against the ordinances of the City of Marietta and violations of the laws of said State within the corporate limits of said city. He shall have full power and authority to impose such fines not exceeding two hundred dollars and costs for the violation of any ordinance of said city, as shall seem to him reasonable and just, or he may require such violator to work on the streets or public works of said city, or be confined to the calaboose of said city, for such time as will be just punishment for the offense, but not in any single instance to exceed fifty (50) days. The fines imposed under this section may be enforced in the same manner as is provided for the collection of taxes, or by labor on the streets or confinement in the calaboose, as herein provided. The mayor and each member of the council shall have all the powers of a justice of the peace to issue warrants, try and commit to the superior court of said county for trial of violators of the laws of said State for offenses committed within the corporate limits of said city. The mayor shall perform and is hereby empowered to perform such other duties as the ordinances of said city shall provide and require or that council may refer to him from time to time. Mayor. Section 3. Said Act is further amended by striking section 1F in its entirety and substituting in lieu thereof a new section 1F to read as follows: Section 1F. Participating employees shall be entitled to either retirement or disability benefits prescribed by this section. Any participating employee shall be entitled to retire on a pension of one-hundred ($100.00) dollars per month after being employed by the city for twenty (20) years. If any participating employee elects to continue his employment after being eligible for retirement hereunder, he shall continue to pay to the fund the contributions required

Page 2950

hereunder for an additional five (5) years and retire on a pension of one-hundred and twenty-five ($125.00) dollars, after being employed for twenty-five years, provided that such employee may, at his option, continue his employment with the city after twenty-five (25) years and retire at such date as he may desire. If any employee so elects to continue his employment after he becomes eligible for retirement hereunder, he shall during such continued employment continue to pay to the fund the contributions required hereunder. Any participating employee who shall, for any reason, become disabled to the extent that he is unable to perform his duties for a period of thirty days (30) or more, shall be entitled to the following disability benefits during the period of disability in excess of the first thirty (30) days thereof: Length of Employment: Disability Benefits per month: Over 20 years $120.00 15-20 years 100.00 10-15 years 80.00 5-10 years 60.00 Under 5 years 40.00 Periods for which disability benefits are paid shall not be considered in determining years of employment for retirement purposes. Section 4. Said Act is further amended by adding thereto a new sub-section to be designated 5-A (a) to read as follows: 5-A. (a) The Board of Lights and Waterworks of the City of Marietta, subject to the terms and approval of the mayor and city council of Marietta, shall pay to the treasurer of the Board of Education of the City of Marietta an additional sum, as may be requested by the Board of Education of the said city for the benefit of the public schools of the said city, not to exceed five per cent. of the gross income received and collected for water, lights, and power furnished the public, if requested so to do by a resolution by the Board of Education of the City of Marietta in which it

Page 2951

is certified that the sum so specified is necessary for the maintenance of the public schools of the City of Marietta. Funds for school purposes. Section 5. In addition to the area embraced within the corporate limits of the City of Marietta under the charter, as amended, the corporate limits of the City of Marietta shall include all that area embraced within the following described tracts: Tract AA1 All that tract or parcel of land lying and being in land lots 1238, 1239, 1282 and 1283 of the 16th district and 2nd section of Cobb County, Georgia, being more particularly described as follows: Beginning at a point on the northeasterly side of highway 41, which point is 451 feet northwest of intersection of the northeasterly side of highway 41 and the district line dividing the 16th and 17th districts; running thence north 25 degrees, 38 minutes west 1012.7 feet along the northeasterly side of highway 41 to a point and corner; running thence north 84 degrees, 15 minutes east 762.4 feet to a point on the west side of Frey's Gin Road; running thence in a southerly direction along the westerly side of Frey's Gin Road 953.3 feet to a point and corner; running thence south 84 degrees, 22 minutes west 421.5 feet to point of beginning, excepting therefrom a strip of land uniform in width paralleling the East right-of-way of U. S. 41 4-Lane highway, which strip is already incorporated into the City of Marietta, Georgia. Corporate limits. Tract A1 All that tract or parcel of land lying and being in land lot 1153, 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the West right-of-way of Mountain View Road, 187 feet north of the north right-of-way line of Mountain View Ridge; said west right-of-way line of Mountain View Road is also present city limit line, of Marietta, Georgia; running thence south 89 degrees 30 minutes west for a distance of 324 feet to the east right-of-way line of Mountain View Ridge; running thence north 0 degrees

Page 2952

30 minutes west along the east right-of-way line of Mountain View Ridge for a distance of 53 feet to a point; running thence north 89 degrees 30 minutes east for a distance of 325 feet to a point on the west right-of-way line of Mountain View Road, said right-of-way also being the present city limit line; running thence southerly along the west right-of-way line of Mountain View Road and present city limit line for a distance of 53 feet to the point of beginning. Tract B1 All that tract or parcel of land lying and being in land lots 1238 and 1239, 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the South right-of-way of Roswell Road and east right-of-way of Frey's Gin Road; running thence southeasterly along the east right-of-way line of Frey's Gin Road, for a distance of approximately 400 feet to the point of intersection of the east right-of-way line of Frey's Gin Road and the west right-of-way line of an unnamed county road, said point of intersection being on the present city limit line of Marietta, Georgia; thence westerly along the present city limit line and crossing Frey's Gin Road to a point on the west right-of-way line of Frey's Gin Road; running thence southeasterly along the west right-of-way line of Frey's Gin Road and the present city limit line to a point 899 feet south of the south right-of-way line of Roswell Road; running thence south 84 degrees 37 minutes west to a point on the present city limit line which is 500 feet east of and parallel to the center line of the (US-41) four lane highway; running thence northwesterly along the present city limit line 500 feet east of and parallel to the center line of the (US-41) four lane highway to the south right-of-way line of Roswell Road; running thence easterly along the south right-of-way line of Roswell Road to the east right-of-way line of Frey's Gin Road and the point of beginning. Tract C1 All that tract or parcel of land lying and being in land lots 214 and 215 of the 17th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows:

Page 2953

Beginning at a point on the east right-of-way line of Powder Springs Road; said beginning point is 50 feet south of the intersection of the south right-of-way line of Garrison Road and the east right-of-way line of Powder Springs Road; running thence southeasterly for a distance of 175 feet to a point on the present city limit line of Marietta, Georgia, 50 feet south of the south right-of-way of Garrison Road; running thence southwesterly along the present city limit line for a distance of 125 feet to a point; running thence northwesterly for a distance of 175 feet to the east right-of-way line of Powder Springs Road; running thence northeasterly along the east right-of-way line of Powder Springs Road for a distance of 125 feet to the point of beginning. Tract D1 All that territory situated, lying and being within land lots 1295 of the 16th district and land lots 72 and 73, of the 17th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point where the district line separating the 16th and 17th districts of Cobb County, Georgia, intersects the center line of Kirkpatrick Drive and the present city limit line of Marietta, Georgia; running thence westerly along the said district line and the present city limit line to the southwest corner of land lot 1294, of the 16th district and 2nd section, Cobb County, Georgia; running thence northerly along the western boundary of land lot 1294 and the present city limit line to the northern boundary of Whitlock Valley subdivision, unit one; running thence south 89 degrees 0 minutes west along the northern boundary of unit one, Whitlock Valley subdivision to the northwest corner of said Whitlock Valley subdivision, unit one; running thence south 0 degrees 56 minutes east along western boundary of said Whitlock Valley subdivision, unit one and two for a distance of 1246.4 feet to the southwest corner of Whitlock Valley subdivision, unit two; running thence north 88 degrees 54 minutes east along the southern boundary of Whitlock Valley subdivision, unit two, and the present city limit line for a distance of 796.00 feet to a point on the west right-of-way line of Kirkpatrick Drive; thence continuing easterly along the present city limit line to the center line

Page 2954

of Kirkpatrick Drive; thence running northerly along the center line of Kirkpatrick Drive and the present city limit line to a point on the district line separating the 16th and 17th districts of Cobb County, Georgia, and the point of beginning. Tract E1 All that tract or parcel of land lying and being in land lots 1014 and 1015, 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the point where the northern boundary of land lot 1074 intersects the east right-of-way line of Church Street; said beginning point is on the present city limit line of Marietta, Georgia; running thence westerly along the northern boundaries of land lots 1074 and 1075, and the present city limit line to a point opposite the northwest corner of the intersection of the right-of-way line of Tower Road and Campbell Hill Street; running thence northerly along the present city limit line to the northwest corner of the intersection of the right-of-way lines of Tower Road and Campbell Hill Street; running thence northerly along the west right-of-way line of Campbell Hill Street and the present city limit line for a distance of approximately 544 feet to a point; running thence easterly and crossing Campbell Hill Street to the northwest corner of Peoples Insurance Service property on the east right-of-way of Campbell Hill Street; running thence easterly along the northern boundary of Peoples Insurance Service property for a distance of 316 feet to the west right-of-way line of Church Street; thence continuing easterly and crossing Church Street to the east right-of-way of Church Street; running thence southerly along the East right-of-way of Church Street to the northern boundary of land lot 1074 and the point of beginning. Tract F1 All that tract or parcel of land lying and being in land lots 141 and 148 of the 17th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the point where the southwesterly side of

Page 2955

Booth Road intersects the southeasterly side of Powder Springs Road; said beginning point is on the present city limit line of Marietta, Georgia; running thence northwesterly along the present city limit line and crossing Powder Springs Road to the northwesterly side of Powder Springs Road; running thence northeasterly along the northwesterly side of Powder Springs Road and the present city limit line to a point 75 feet northeasterly from the western boundary of land lot 148 as measured along the northwesterly side of Powder Springs Road; running thence northwesterly along a line forming a 90 degree angle with the northwesterly side of Powder Springs Road for a distance of 602 feet to a point; running thence northeasterly forming an interior angle of 75 degrees 45 minutes for a distance of 275 feet to a point on the south right-of-way line of Chestnut Hill Road; running thence easterly along the south right-of-way line of Chestnut Hill Road for a distance of 265 feet to a point; running thence southeasterly for a distance of 402 feet to the northwesterly side of Powder Springs Road; thence continuing in the same direction and crossing Powder Springs Road to the southeasterly side of Powder Springs Road; running thence southwesterly along the southeasterly side of Powder Springs Road to the point of intersection of the northeasterly side of Booth Road and the southeasterly side of Powder Springs Road; thence continuing in the same direction and crossing Booth Road to the point of intersection of the southeasterly side of Powder Springs Road and the southwesterly side of Booth Road and point of beginning. Section 6. 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, clauses or phrases of this Act which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrases so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declared 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.

Page 2956

Section 7. 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.-March 1963 session of the General Assembly of Georgia a bill to amend the charter of the City of Marietta (Ga. L. 1950, p. 2506, et. seq.) as heretofore amended, and for other purposes. This 7th day of January, 1963. Robert E. Flournoy, Jr. E. W. Teague Joe Mack Wilson Kyle Yancey Ed Kendrick State Legislators Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, robert E. Flournoy, Jr., E. W. Teague, Joe Mack Wilson, Kyle Yanvey, and Ed Kendrick, who on oath, depose and say that they are Representatives and Senators 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 Cobb County, on the following dates: January 11, 18, 25, 1963 and February 1, 1963. /s/ Joe Mack Wilson /s/ Robert E. Flournoy, Jr. /s/ E. W. Teague Representatives, Cobb County /s/ Kyle Yancey Edward S. Kendrick Senators, Cobb County

Page 2957

Sworn to and subscribed before me, this 4 day of March, 1963. /s/ Shirley B. Johnson Notary Public. (Seal). Approved April 4, 1963. CITY OF HAWKINSVILLEELECTIONS. No. 285 (House Bill No. 560). An Act to amend an Act creating a new charter for the City of Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended, particularly by an Act approved July 27, 1923 (Ga. L. 1923, p. 671), so as to provide for a majority vote in all elections for the board of commissioners of said city; to repeal section 13 of said Act relating to soliciting of votes and punishment of violations 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 Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended, particularly by an Act approved July 27, 1923 (Ga. L. 1923, p. 671), is hereby amended by striking from said amendatory Act of 1923, the last sentence of section 3 and inserting in lieu thereof a new last sentence to road: In all elections for the board of commissioners of the City of Hawkinsville, the winners of such elections shall receive a majority of the votes cast in said election before being certified as the winner thereof. In case no candidate shall receive a majority of the votes cast, a new election shall be ordered by said ordinary in not less than ten (10) days or more than fifteen (15) days from the election, which election so ordered shall be only between the two candidates

Page 2958

receiving the highest number of votes in the initial election, and the candidate receiving a majority of votes cast in such new election shall be declared the winner thereof., so that when so amended section 3 shall read as follows: Section 3. The said commissioners shall be elected for a term of three years, beginning January 1st of each year, and until their successors are elected and qualified; Provided, that of the first three commissioners elected under the provisions of this Act one shall hold office for a term of one year, one for a term of two years and one for a term of three years, and the said first three commissioners so elected shall, within thirty days from their election, cast lots for the term to be held by each, and the successor of each shall be elected for a full term of three years. Said election shall be held on the sixth day of December, 1923, and shall be held under the supervision and control of the ordinary of said county, subject to the laws now of force for holding elections for mayor and councilmen of said city, and the returns from said election shall be made to said ordinary, who shall declare the result thereof. In all elections for the board of commissioners of the City of Hawkinsville, the winners of such elections shall receive a majority of the votes cast in said election before being certified as the winner thereof. In case no candidate shall receive a majority of the votes case, a new election shall be ordered by said ordinary in not less than ten (10) days or more than fifteen (15) days from the election, which election so ordered shall be only between the two candidates receiving the highest number of votes in the initial election, and the candidate receiving a majority of votes cast in such new election shall be declared the winner thereof. Section 2. Said Act is further amended by striking section 13 in its entirety. Section 3. Said Act is further amended by renumbering sections 14, 15, 16, 17 and 18 as sections 13, 14, 15, 16 and 17, respectively. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2959

Notice of Intent to Introduce. Notice is hereby given that a bill shall be introduced in the 1963 session of the Georgia General Assembly to amend the charter of the City of Hawkinsville. To provide that a candidate for city commissioner must receive a majority of votes cast to be elected and to amend the charter so a candidate may solicit votes and for other purposes pertaining thereto. John H. Anderson, Jr. Rep., Pulaski County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John H. Anderson, Jr., who, on oath, deposes and says that he is Representative from Pulaski County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hawkinsville Dispatch News, which is the official organ of said county, on the following dates: February 6, 13, 20, 1963. /s/ John H. Anderson, Jr. Representative, Pulaski County Sworn to and subscribed before me this 4th day of March, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My commission expires Mar. 17, 1964. (Seal). Approved April 4, 1963.

Page 2960

TURNER COUNTY DEVELOPMENT AUTHORITY. No. 286 (House Bill No. 598). An Act to further define and prescribe the purposes, powers and duties of the Turner County Development Authority and the exercise thereof; to provide for the selection of officers and agents of the said authority; to provide for the exercise of its powers for the expansion of existing industries; to provide for the issuance of revenue bonds and other obligations by the said authority and the validation thereof; to further prescribe and regulate the control, organization, management and conduct of the said authority; to repeal conflicting laws; and for other purposes. Whereas, the Turner County Development Authority was created by an amendment to the Constitution of the State of Georgia duly proposed and ratified and proclaimed; and Whereas, the General Assembly of Georgia is authorized and empowered by such constitutional amendment to further define and prescribe and enlarge the powers and duties of the authority and the exercise thereof. Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. As used in this Act, the following words and terms shall have the meanings respectively ascribed to them unless a different meaning clearly appears from the context: (a) The word authority shall mean the Turner County Development Authority created by the amendment to Article VII, Section V, Paragraph I of the Constitution of the State of Georgia found in Ga. Laws 1961, p. 624 and duly ratified and proclaimed in the November, 1962 general election. 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 industry, commerce,

Page 2961

agriculture, trade, commerce, natural resources and vocational training; the construction of buildings and plants for the purpose of selling, leasing or renting such structures to private persons, firms or corporations. (c) The term cost of project shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, inspection, fiscal agents, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation. Section 2. The members of the authority shall elect a chairman and vice-chairman, both of whom shall be members, and a secretary-treasurer or secretary and treasurer, both of whom may but neither of whom shall be required to be a member of the authority. Officers. Section 3. The authority shall have powers: (a) To acquire, hold and dispose of personal properties of every description, including the stock of other corporations, for its corporate purposes; (b) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Turner County, for its corporate purposes; (c) To receive and administer gifts, grants and donations; administer trusts; and enter into trust indentures, for its corporate purposes; Powers. (d) To grant, loan and lease any of its funds and property to private persons and corporations promising to operate any industrial plant or establishment within Turner

Page 2962

County which in the judgment of the authority will be of benefit to the people of said county; (e) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge, and assign any and all of its funds, property and income as security therefor; (f) To contract with Turner County and other political subdivisions and with private persons and corporations and to sue and be sued in its corporate name; (g) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the authority; (h) 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 or dispose of same in any manner the authority deems to its best advantage. If the authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in the County of Turner or the City of Ashburn, the governing authorities of Turner County and the City of Ashburn are authorized in their discretion to convey title to such lands, including any improvements thereon, to the authority; (i) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and rentals and sale of projects, or contracts with respect to the use of projects which it erects or acquires;

Page 2963

(j) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, equip, operate and manage projects, self-liquidating or otherwise, located on property owned or leased by the authority, and to pay the cost of any such project from the proceeds of revenue bonds, notes and other obligations of the authority or from any grant from the County of Turner or City of Ashburn, 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; (k) To borrow money for any of its corporate purposes and to execute notes, mortgages, revenue bonds, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing; (l) 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; (m) To issue revenue bonds for the purpose of defraying all or any part of the cost of any project of the authority and have the same validated in the Superior Court of Turner County in the same manner as revenue bonds of municipalities and counties are validated under the Revenue Bond Law (Ga. Laws, 1957, Vol. I, p. 36 et seq.) amending the law formerly known as the Revenue-Certificate law of 1937 (Ga. Laws, 1937, p. 761 et seq., as amended), providing for the issuance and validation of revenue-anticipation certificates; (n) To exercise any and all of its powers to expand or enlarge any existing industrial plant or establishment within Turner County which in the judgment of the authority will benefit the people of Turner County; (o) To encourage and promote the expansion of industry, agriculture, trade and commerce in Turner County, and to make long range plans therefor;

Page 2964

(p) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (q) To designate officers to sign and act for the authority generally or in any specific matter; (r) To do any and all acts and things necessary or convenient to accomplish the general purposes of the authority and carry out the powers expressly conferred by this Act and the constitutional amendment by and through which the said authority was created. Section 4. The authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Turner County; Debts. Section 5. The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the authority when in performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The authority may be sued the same as private corporations on any contractual obligation of the authority. Torts and contracts. Section 6. The members of the authority shall receive no compensation for their services to the authority. Compensation. Section 7. All properties of every kind owned by the authority, all ntoes, bonds and other obligations issued by the authority and all interest thereon shall be exempt from taxation and shall have the same immunities from taxation as the properties, obligations and interest on obligations of Turner County. Property. Section 8. The County of Turner, the City of Ashburn and other political subdivisions of the State of Georgia are expressly authorized to enter into contracts with the authority as a public corporation. Contracts.

Page 2965

Section 9. The Commissioners of Roads and Revenues of Turner County are authorized to appropriate to the authority such amount from its funds each year as it shall see fit, and any funds so appropriated when paid to the authority shall become a part of its funds and may be used by the authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law. Funds. Section 10. The property of the authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the authority, and any such property, funds or income may be sold under legal process or under any power granted by the authority to enforce payment of the obligation. Property. Section 11. All bonds and other obligations issued by the authority shall bear such date or dates; mature at such time or times, not exceeding 30 years from their respective dates; bear interest at such rate or rates, not exceeding six per centum (6%) per annum; be in such denominations; carry such registration privileges; be subject to such redemption privileges; and contain such terms, convenants, assignments and conditions as the resolution or other proceedings authorizing the issuance thereof may provide; all of which shall be binding upon the authority and its successors. Bonds. Section 12. In the event no bill of exceptions, to any order or judgment of the Superior Court of Turner County validating any issue or issues of bonds issued or to be issued by the authority, is filed within the time prescribed by law, or, if filed, such judgment is affirmed by the appropriate appellate court of this State, the judgment of the Superior Court of Turner County confirming and validating the issuance of such bonds shall be forever conclusive as to the validity of such bonds and the security for the payment thereof and interest thereon against the authority and all parties contracting with the authority. All of such bonds and interest thereon so issued by the authority are hereby declared to be tax exempt for any and all purposes. Same.

Page 2966

Section 13. There shall be no limitation upon the amount of debt which the authority may incur, but no debt created by the authority shall be a debt of Turner County. Debt limitation. 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. Audits. Section 15. This Act being for the purpose of developing and promoting the public good and the welfare of the County of Turner and the City of Ashburn and their inhabitants, shall be liberally construed to effect the purposes hereof. Intent. Section 16. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. The undersigned will apply for the introduction and passage of local legislation at the January, 1963, session of the General Assembly of Georgia affecting the Turner County Development Authority created by Constitutional Amendment (Ga. L. 1961, p. 623). Duly proposed and ratified and proclaimed, by providing for the selection of officers and agents thereof, the exercising of its powers for the expansion of existing industries, the validation of its bonds and

Page 2967

other obligations, and further define and prescribe and enlarge its powers and duties and the exercise thereof. /s/ Roy N. Coker Representative of Turner County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy N. Coker, who, on oath, deposes and says that he is Representative from Turner County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wiregrass Farmer, which is the official organ of said county, on the following dates: January 24, 31 and February 7, 1963. /s/ Roy N. Coker Representative, Turner County Sworn to and subscribed before me this 5th day of March, 1963. /s/ Kathryn Rule Notary Public. (Seal). Approved April 4, 1963. CLAYTON COUNTY WATER AUTHORITYMEMBERS. No. 287 (House Bill No. 608). An Act to amend an Act creating the Clayton County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 3344), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3130), so as to change the composition of the members of the Authority; to provide that no member of

Page 2968

the Authority shall hold public office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Clayton County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 3344), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3130), is hereby amended by inserting between section 4 and section 5 a new section 4A to read as follows: Section 4A. There shall be two additional members appointed to the Clayton County Water Authority by the governing authority of Clayton County for a term of two years and three years, respectively. Successors to these members and future members shall be appointed by the governing authority for terms of five years. All members shall serve until their successors are appointed and qualified. The governing authority of the county shall fill any vacancy which occurs on the authority, for the unexpired term. The powers, duties, authority and compensation of these two additional members shall be the same as other members. No member of the present Clayton County Water Authority shall be eligible to hold an elective public office of the State, county or a municipality unless first resigning as a member of the Authority. No person shall be eligible for future appointment to the Clayton County Water Authority who is serving in an elective public office of the State, county or a municipality. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced in the 1963 session of the General Assembly of Georgia a bill to amend an Act creating a Clayton County Water Authority (Ga. L. 1955, p. 3344, as amended) so as to change the number of members of said Authority and to provide that the municipalities of Clayton County shall have representation on said Authority.

Page 2969

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edgar Blalock and William J. Lee, who, on oath, depose and say that they are Representatives from Clayton County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Forest Park News, which is the official organ of said county, on the following dates: Feb. 14, 21, 28, 1963. /s/ William J. Lee /s/ Edgar Blalock Representatives, Clayton County Sworn to and subscribed before me this 6th day of March, 1963. /s/ Kathryn Rule Notary Public. Commission expires 1-30-65. (Seal). Approved April 4, 1963. MAGISTRATE'S COURT OF GLYNN COUNTY. No. 288 (House Bill No. 611). An Act to create a court to be known as the Magistrate's Court of Glynn County; to define its jurisdiction and powers; to provide for the appointment, duties and compensation of the presiding officer who shall be designated magistrate; to provide for filling vacancies; to provide for office space and supplies; to provide for the keeping of dockets; to provide that the magistrate may hold another judicial office; to provide for severability; to repeal conflicting laws; and for other purposes.

Page 2970

Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a court which shall be known as the Magistrate's Court of Glynn County, and which shall have the powers and duties hereinafter set out. Created. Section 2. There shall be a presiding officer who shall be designated magistrate of said court whose term of office shall be for four (4) years and who shall serve until his successor shall have been appointed and qualified, except the initial magistrate of said court shall be appointed by the Governor for a term to begin April 1, 1963, and end December 31, 1964, or until his successor shall have been appointed and qualified. Thereafter, the Governor shall make an appointment in 1964, and in every fourth succeeding year and the magistrate so appointed shall take office on January 1st next following his appointment. Should a vacancy be caused by the death, resignation, or removal of any magistrate, such vacancy shall be filled instanter by appointment by the Governor for the unexpired term. Any Magistrate appointed to fill such vacancy for the unexpired term shall have and exercise all the powers and duties of the office and shall receive the compensation of said office during his tenure. Term and appointment of magistrate. Section 3. The magistrate of Glynn County shall have criminal jurisdiction to issue warrants for the apprehension of any person charged on oath with the violation of any penal law in the County of Glynn, returnable to any court in Glynn County. Said magistrate shall also have jurisdiction to hold courts of inquiry to examine into an accusation against a person legally arrested and brought before him. The time of such inquiry shall be determined by the magistrate, and shall be held at the courthouse in Glynn County, Georgia. Jurisdiction. Section 4. The magistrate of said court shall receive a salary of $1,800.00 per annum, payable monthly out of the treasury of the County of Glynn. Salary. Section 5. Said court shall be held at the courthouse of Glynn County, and the commissioners of roads and revenues of said county shall provide the necessary office, furniture,

Page 2971

supplies, forms and books for keeping dockets and records of said court. Furniture, supplies, etc. Section 6. It shall be the duty of the magistrate of said court to keep a docket of all criminal warrants issued, hearings held and the amounts of bonds posted. Docket. Section 7. The magistrate of Glynn County shall be eligible to hold any other judicial office in Glynn County. Magistrate. Section 8. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part 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 January-February 1963 session of the General Assembly of Georgia, a bill to provide for the establishment of a magistrate's court of Glynn County; to define its jurisdiction and powers and all matters relevant thereto; and for other purposes. This 28 day of January, 1963. John M. Gayner, III Senator, 5th District William R. Killian Representative, Glynn County Joe Isenberg Representative, Glynn County

Page 2972

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William R. Killian and Joe Isenberg, who, on oath, depose and say that they are Representatives from Glynn County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News, which is the official organ of said county, on the following dates: January 31, February 4, February 12, 1963. /s/ William R. Killian /s/ Joe Isenberg Representatives, Glynn County Sworn to and subscribed before me this 6th day of March, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My commission expires Mar. 17, 1964. (Seal). Approved April 4, 1963. CITY OF ALBANY AND DOUGHERTY COUNTYJOINT ACQUISITION AND USE OF PROPERTY. No. 289 (House Bill No. 615). An Act to authorize the City of Albany and the County of Dougherty to jointly acquire, either by donation, purchase or eminent domain, such lands and buildings as the City of Albany and County of Dougherty may from time to time determine is necessary for the joint use of the City of Albany and County of Dougherty in providing for public buildings, facilities and parking areas as may be necessary and needful in the conduct of the governmental affairs of the City of Albany and County of Dougherty; to

Page 2973

authorize the creation of indebtedness for such purposes by issuance of contracts, general obligation bonds, revenue certificates and other indebtedness which may be required for the acquisition of lands and construction of buildings and facilities for such uses; to authorize the City of Albany and County of Dougherty to jointly enter into any contract or contracts for the planning and construction of buildings and other improvements; to authorize the City of Albany and County of Dougherty to do and perform jointly anything or undertaking which either might do individually; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The City of Albany and County of Dougherty shall have the right to jointly acquire such lands and buildings in the County of Dougherty as the governing authorities of the City of Albany and County of Dougherty may, from time to time, determine is necessary for the joint use of the City of Albany and County of Dougherty in providing for public buildings, facilities and parking areas as may be necessary and needful in the conduct of the governmental and proprietary functions of the City of Albany and County of Dougherty. Joint authority. Section 2. The City of Albany and County of Dougherty shall have the right to acquire such lands and buildings either by donation, purchase or eminent domain and the title to such lands and buildings acquired hereunder shall be held jointly by the City of Albany and County of Dougherty in such proportion as may be determined by the governing authorities of the respective bodies. Powers. Section 3. In the event such lands and buildings are acquired by eminent domain such action may be instituted jointly by the City of Albany and County of Dougherty or such action may be instituted by either the City of Albany or County of Dougherty. Any eminent domain action brought hereunder shall be in accordance with the procedures, or any of them, as may now or hereinafter exist in the pertinent eminent domain statutes of this state and in

Page 2974

accordance with all existing laws applicable to the condemnation of private property for public use. Eminent domain. Section 4. The City of Albany and County of Dougherty shall have the right to jointly enter into contracts for the planning and construction of buildings and other improvements to be used jointly by the City of Albany and County of Dougherty in furtherance of their governmental obligations and to pay the cost thereof in such proportion as may be determined by the governing authorities of the separate bodies. Cost shall embrace the cost of construction, the cost of all lands, properties, rights and easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project. Improvements. Section 5. The City of Albany and County of Dougherty shall have the right to create indebtedness for the purposes herein described by the issuance of contracts, general obligation bonds, revenue certificates and other indebtedness. Any such indebtedness created shall be in accordance with existing laws applicable to the creation of indebtedness by the City of Albany and County of Dougherty. Indebtedness. Section 6. If at any time either the City of Albany or County of Dougherty desire to dispose of its interest in any jointly owned property such body may convey its interest to the other on such terms and conditions as the respective governing authorities agree upon. Sale of property. Section 7. The City of Albany and County of Dougherty shall have the right to do and perform jointly an act in

Page 2975

connection with lands and buildings used for governmental purposes which either might do individually. Powers. Section 8. 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 ensuing 1963 session of the General Assembly of Georgia a bill having for its intent and purpose the authority of the City of Albany and Dougherty County, Georgia, to jointly acquire either by purchase or eminent domain, such land and buildings as it may be determined is necessary for the joint use of said city and county in the providing of such public buildings, facilities and parking areas as may be necessary and needful in the conduct of the affairs of said city and county; to authorize the creation of any indebtedness by the issuance of contracts, general obligation bonds, revenue certificates, or other indebtedness which may be required for the construction of such buildings and facilities, as may be needful in the operation of the business and affairs of the city and county; to enter jointly into any contract or contracts for the planning and construction of said buildings or other improvements; to do and perform jointly any thing or undertaking which either of said separate corporations might do individually, and for other purposes. This the 10 day of January, 1963. A. W. Holloway, Senator George D. Busbee William S. Lee Colquitt H. Odom, Representatives 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

Page 2976

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 12, 19 and 26, 1963. /s/ George D. Busbee Representative, Dougherty County Sworn to and subscribed before me this 6th day of March, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved April 4, 1963. CITY OF ALBANY AND DOUGHERTY COUNTYFUNDS TO DOUGHERTY COUNTY SCHOOL SYSTEM. No. 290 (House Bill No. 617). An Act to authorize the City of Albany and the County of Dougherty to appropriate money from their general funds to the Board of Education of Dougherty County in accordance with an amendment to Article VIII, Section V, Paragraph I of the Constitution authorizing the creation by the General Assembly of a county-wide board of education for Dougherty County (Ga. L. 1950, pp. 465-468), said county-wide board of education having been created in 1951 by an Act of the General Assembly (Ga. L. 1951, pp. 2233-2252); to authorize said board of education to use said funds for any and all education purposes for which the board of education may be now or hereafter authorized to expend funds; to repeal conflicting laws; and for other purposes.

Page 2977

Be it enacted by the General Assembly of Georgia: Section 1. That pursuant to the provisions of an amendment to Article VIII, Section V, Paragraph I of the Constitution, which was ratified at the general election held throughout the state on November 7, 1950, and ratification proclaimed by the Governor of the State on December 6, 1950, providing for the establishment of a county-wide board of education for Dougherty County (Ga. L. 1950, pp. 465-468), which county-wide school system known as Dougherty County School System was established by an act of the General Assembly approved February 5, 1951 (Ga. L. 1951, pp. 2233-2252), the City of Albany and the County of Dougherty are hereby authorized to appropriate money from their general funds to said Dougherty County school system and the board of education thereof to be used for any and all educational purposes for which said board may be now or hereafter authorized to expend funds. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the January, 1963, session of the General Assembly of Georgia a bill to authorize the City of Albany and the County of Dougherty to appropriate money from their general funds to the board of education of Dougherty County as authorized by an amendment to Article VIII, Section V, Paragraph I of the Constitution authorizing the creation by the General Assembly of a county-wide board of education for Dougherty County (Ga. L. 1950, pp. 465-468), said county-wide board of education having been created in 1951 by an Act of the General Assembly (Ga. L. 1951, pp. 2233-2252); to authorize said board of education to use said funds for any and all educational purposes for which the board may

Page 2978

be now or hereafter authorized to expend funds; to repeal conflicting laws, and for other purposes. A. W. Holloway Senator, 10th District George D. Busbee Representative, Dougherty County Colquitt H. Odom Representative, Dougherty County William S. Lee Representative, Dougherty County 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: February 16, 23 and March 2, 1963. /s/ George D. Busbee Representative, Dougherty County Sworn to and subscribed before me this 6th day of March, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved April 4, 1963.

Page 2979

CITY OF ALBANYDRAINING, GRADING AND PAVING OF ALLEY AREAS. No. 291 (House Bill No. 618). An Act to amend an Act creating and establishing a new charter for the City of Albany, Georgia (Ga. L. 1923, pp. 370-418) approved August 18, 1923, by providing that upon the petition of the owners of seventy five percent (75%) of the property adjacent to any alley within the fire zone, the draining, grading and paving thereof, may be done and the total costs thereof assessed against the adjacent land and the owners 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: Section 1. That the Act approved August 18, 1923 (Ga. L. 1923, pp. 370-418), establishing a new charter for the City of Albany, be, and the same hereby is amended so as to provide that upon the signed petition of the owners of seventy five percent (75%) of the front footage of the property adjacent to any alley within the fire zone of said city, such alley may be drained, graded and paved, the total costs thereof to be paid by the adjacent land owners, fifty percent (50%) thereof by the owners of the land on each side of said alley without any part of the costs thereof to be borne by said city. Section 2. Be it further enacted by the General Assembly that upon the passage and approval of this Act, whenever a petition has been filed, as provided in section 1 hereof and the work has been completed, an assessment may be made and set up as provided in Chapter 24, Sections 21-30, both inclusive, of the Code of the City of Albany, as authorized in the Acts of the General Assembly of Georgia (Ga. L. 1913, pp. 432-446). Procedure. Section 3. Be it further enacted by the General Assembly that the provisions made herein are in addition to the existing methods for the improvement of alleys as now contained

Page 2980

in the charter, laws and ordinances of the City of Albany, and intended to provide an additional method for the improvement, draining and paving of alley areas within the fire zone of said city. Intent. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the ensuing 1963 session of the General Assembly of Georgia a local bill having for its purpose and effect the amending of the present charter of the City of Albany so as to permit, upon the signed petition of the owners of seventy-five percent of the property adjacent to any alley within the fire zone, the draining, grading and paving thereof, with the total cost to be assessed in the manner as now provided by law, fifty per cent against the property on each side of said alley, according to the footage bordering upon said alley. This the 11 day of January, 1963. A. W. Holloway, Senator George D. Busbee William S. Lee Colquitt H. Odom, Representatives 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 12, 19 and 26, 1963. /s/ George D. Busbee Representative, Dougherty County

Page 2981

Sworn to and subscribed before me this 6th day of March, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved April 4, 1963. CITY OF ALBANYBONDS OF MARSHAL AND POLICE. No. 292 (House Bill No. 619). An Act to provide for official bonds of the marshal or chief and other personnel of the City of Albany police department, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act the board of commissioners of the City of Albany may at their option accept a blanket official bond covering the marshal or chief of police and all of the other officers and personnel of the police department. Said bond shall be in an amount acceptable to said board, payable to the mayor and his successors in office, for the benefit of the city and for the use and benefit of the public, to secure and indemnify the city and public for any loss or damage occasioned by reason of their default, misfeasance, malfeasance, nonfeasance or negligent conduct. Such bond shall be filed with the city clerk, safely kept by her and subject to inspection at all times during office hours, by the public. Blanket bond. Section 2. Be it further enacted that the amount of said bond may be fixed and determined upon the basis of the rank of such members of the personnel of the city police department as are covered by said bond. An individual bond may be required of the marshal or chief of police, with the

Page 2982

remainder of the personnel of the department being covered by the blanket bond. The premium for the issuance of said bond or bonds, shall be paid by the City of Albany out of the general funds of said city. Additional bonds. Section 3. The provisions of this Act are intended to be cumulative of the existing provisions for bonds of the police officers and to provide an optional method for the bonding of such officers to be utilized at the pleasure of the board of city commissioners. Intent. Section 4. Be it further enacted that all laws or parts of laws in conflict herewith be and the same hereby are repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the ensuing 1963 session of the General Assembly of Georgia a bill having for its purpose and effect the amending of the present charter of the City of Albany so as to permit the governing body of said city to accept a blanket bond covering all the members of the Albany police force, and for other purposes. This the 11 day of January, 1963. A. W. Holloway, Senator George D. Busbee William S. Lee Colquitt H. Odom, Representatives 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

Page 2983

said county, on the following dates: January 12, 19 and 26, 1963. /s/ George D. Busbee Representative, Dougherty County Sworn to and subscribed before me this 6th day of March, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My commission expires Mar. 17, 1964. (Seal). Approved April 4, 1963. HALL COUNTYTRAFFIC ORDINANCES. No. 293 (House Bill No. 646). An Act to amend an Act creating a board of commissioners of roads and revenues for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, so as to authorize the board to adopt traffic ordinances or regulations to control traffic upon the streets, roads and highways of said county; to authorize the board to provide penalties for the violation of such ordinances; to provide the procedure connected therewith; to provide for certain exceptions to the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, is hereby amended by inserting between sections 13A and 14 a new section to be numbered section 13B and to read as follows: Section 13B. The board is authorized to adopt such ordinances, not in conflict with the general laws of this

Page 2984

State and the United States, to regulate the traffic upon the streets, roads and highways of Hall County as said board shall deem advisable in order to protect and preserve the health, safety, welfare, and morals of the citizens of said county; provided, however, that no railway or railroad lying within Hall County and passing through said county shall be affected by the provisions of this section or by ordinances enacted pursuant to the authority granted to the board of commissioners of roads and revenues of Hall County by this section. The board is further empowered to prescribe penalties and fix the punishment for the violation of any such ordinances. 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 session of the General Assembly of Georgia to be resumed Monday, February 11, 1963, a bill to empower the board of commissioners of roads and revenues of Hall County, Georgia, to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said board; to provide penalties for violation of such ordinances and for other purposes, as provided in a proposed amendment to the Constitution of Georgia, No. 210 (House Resolution No. 464-922), which amendment was ratified by the voters of Hall County in the general election held on Tuesday following the first Monday in November, 1962. This 5th day of February, 1963. Howard T. Overby W. M. (Bill) Williams Representatives, Hall County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby,

Page 2985

who, on oath, deposes and says that he is Representative from Hall County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gainesville Daily Times, which is the official organ of said county, on the following dates: February 8, 15 22, 1963. /s/ Howard T. Overby Representative, Hall County Sworn to and subscribed before me this 7th day of March, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved April 4, 1963. HALL COUNTYSTREETS, SIDEWALKS, ETC. No. 294 (House Bill No. 647). An Act to amend an Act creating a board of commissioners of roads and revenues for Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, so as to authorize the board to construct, grade, pave, repave, and repair roads, streets, curbs, gutters, and sidewalks within certain subdivisions under certain conditions; to provide for the assessment of the cost thereof against abutting property owners; to provide for the issuance and enforcement of executions; to provide for the issuance of revenue bonds for the purpose of paying the cost of the above; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Hall County, approved March 21,

Page 2986

1935 (Ga. L. 1935, p. 661), as amended, is hereby amended by adding between sections 13B and 14 a new section to be numbered section 13C and to read as follows: Section 13C. The board shall have the power to construct, grade, pave, repave, and repair roads, streets, curbs, gutters, and sidewalks within any approved subdivision whose plat is on record in the office of the clerk of the Superior Court of Hall County, if the owners of such property having at least 51% of the frontage abutting such proposed improvements shall consent thereto. The cost of such improvements shall be assessed against the abutting property owners as well as against such property. The board is hereby empowered to enforce payment of the assessment provided for in this section by the issuance of executions against the abutting property owners or the abutting property. The assessments against the abutting property owners and property shall be prorated according to the frontage abutting such proposed improvements. Said executions shall be issued and levied in accordance with the provisions of section 13A above. The amount of the assessment of each piece of real estate shall become due and payable at such time as the board may fix by appropriate ordinance. Such assessments shall be a lien against such real estate from the date of the passage of the ordinance fixing the date for the payment of such assessments. The board is authorized to issue revenue bonds in accordance with the provisions of the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, for the purpose of financing such improvements. 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 session of the General Assembly of Georgia to be resumed Monday, February 11, 1963, a bill authorizing the governing authority of Hall County, Georgia, to construct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any approved subdivision whose plat is on

Page 2987

record in the clerk's office of the superior court and for other purposes, as provided in a proposed amendment to the Constitution of Georgia, No. 191 (House Resolution 638-1196), which amendment was ratified by the voters of Hall County in the general election held on Tuesday following the first Monday in November, 1962. This 5th day of February, 1963. Howard T. Overby W. M. (Bill) Williams Representatives, Hall County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby, who, on oath, deposes and says that he is Representative from Hall County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gainesville Daily Times, which is the official organ of said county, on the following dates: February 8, 15 22, 1963. /s/ Howard T. Overby Representative, Hall County Sworn to and subscribed before me this 7th day of March, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved April 4, 1963.

Page 2988

CITY OF ROSSVILLETAX RATE. No. 296 (House Bill No. 664). An Act to amend the charter of the City of Rossville approved August 14, 1931 (Sec. 2, Ga. L. 1931, pp. 942, 943) by striking from said section 2 the first sentence thereof, so as to authorize the mayor and council to levy and collect a tax of not more than $1.50 on every $100.00 of the assessed value upon all property, real and personal, within said city, of which sum not more than $1.20 shall be used for ordinary or general expenses and not less than $0.30 shall be used for bond purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved August 14, 1931 (Ga. L. 1931, pp. 942, 943) amending the charter of the City of Rossville is hereby amended by striking from section 2 thereof the first sentence thereof, so that said section when amended shall read as follows: Sec. 2. Be it further enacted by the authority aforesaid, that the first sentence of section 2 of the amended charter of the City of Rossville, as embodied and approved August 14, 1931, shall be stricken, and the following inserted in lieu thereof: Be it further enacted, that the Mayor and Council shall have the power and authority to levy and collect a tax of not more than $1.50 on every $100.00 of the assessed value upon all property, real and personal, within said city, of which sum not more than $1.20 shall be used for ordinary or general expenses and not less than $0.30 shall be used for bond purchases. 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 1963 session of the General Assembly of Georgia a bill to provide that the provisions of Title 92, Sections 4101 to 4104

Page 2989

of the Code of Georgia shall not apply to the City of Rossville, and for other purposes; and a bill to amend the charter of the City of Rossville as enacted by section 2 of Georgia Laws of 1931, page 942, 943, approved August 14, 1931, so as to authorize the mayor and councilmen to levy and collect a tax of not more than $1.50 on every $100.00 of the assessed value upon all property within said city, of which sum not more than $1.20 shall be used for ordinary or general expenses and not less than $0.30 shall be used for bond purposes; and for other purposes. Paul Ellis, Mayor, City of Rossville Georgia, Walker County. Personally appeared before me, the undersigned attesting officer, duly authorized by law to administer oaths, E. P. Hall, who, being first duly sworn, deposes and says that he is the publisher of the Walker County Messenger; that the Walker County Messenger is the newspaper in which sheriff's advertisements are published in Walker County, Georgia, and that the foregoing notice of intention to apply for local legislation was published in said newspaper on February 20 and 27, and March 6, 1963. E. P. Hall Certified, sworn to and subscribed before me this 6th day of March, 1963. /s/ Betty Lou Hall Notary Public. My commission expires 7/31/64. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1963 session of the General Assembly of Georgia a bill to provide that the provisions of Title 92, sections 4101 to 4104, of the Code of Georgia, shall not apply to the City of Rossville, and for other purposes; and a bill to amend the

Page 2990

charter of the City of Rossville as enacted by section 2 of Georgia Laws of 1931, page 942, 943, approved August 14, 1931, so as to authorize the mayor and councilmen to levy and collect a tax of not more than $1.50 on every $100.00 of the assessed value upon all property, within said city, of which sum not more than $1.20 shall be used for ordinary or general expenses and not less than $0.30 shall be used for bond purposes; and for other purposes. Paul Ellis, Mayor, City of Rossville Georgia, Walker County. Personally appeared before me, the undersigned attesting officer, duly authorized by law to administer oaths, E. P. Hall, who, being first duly sworn, on oath says that he is the publisher of the Walker County Messenger; that the Walker County Messenger is the newspaper in which sheriff's advertisements are published in Walker County, Georgia, and that the foregoing notice of intention to introduce local legislation was published in said newspaper on February 20 and 27, and March 6, 1963. /s/ E. P. Hall Certified, sworn to and subscribed before me this 6th day of March, 1963. /s/ Betty Lou Hall Notary Public. My commission expires 7/31/64. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1963 session of the General Assembly of Georgia a bill to provide that the provisions of Title 92, sections 4101 to 4104, of the Code of Georgia, shall not apply to the City of Rossville, and for other purposes; and a bill to amend the charter of the City of Rossville, as enacted by section 2 of Georgia Laws of 1931, page 942, 943, approved August 14,

Page 2991

1931, so as to authorize the mayor and councilmen to levy and collect a tax of not more than $1.50 on every $100.00 of the assessed value upon all property, within said city, of which sum not more than $1.20 shall be used for ordinary or general expenses and not less than $0.30 shall be used for bond purposes; and for other purposes. Paul Ellis, Mayor, City of Rossville Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr., who, on oath, deposes and says that he is Representative from Walker County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger, which is the official organ of said county, on the following dates: February 20, 27 and March 6, 1963. /s/ Wayne Snow, Jr. Representative, Walker County Sworn to and subscribed before me this 6th day of March, 1963. /s/ Kathryn Rule Notary Public. (Seal). Approved April 4, 1963.

Page 2992

CIVIL COURT OF BIBB COUNTYJUDGE EMERITUS. No. 297 (House Bill No. 667). An Act to amend an Act approved February 6, 1873 appearing on page 219 et. seq. of the published Acts of The General Assembly of Georgia 1873, and captioned, An Act to establish a county board of commissioners for the County of Bibb; to define its duties; and for other purposes therein named and subsequent Acts amendatory thereof; by further defining the powers, jurisdiction and authority of said board so as to provide for payment of pension and retirement compensation extended to judges of the civil court of Bibb County upon becoming judge emeritus of said court to provide the method and means of payment of pension and retirement compensation to said judge emeritus; 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 February 6, 1873 appearing on page 219 et seq. of the published Acts of The General Assembly of Georgia of 1873, and captioned, An Act to establish the county board of commissioners for the County of Bibb; to define its duties; and for other purposes therein named, and Acts amendatory thereof, be amended by including therein the following provisions, to-wit: Upon the passage and approval of legislation whereby pension or retirement compensation is provided and extended to judges of the Civil Court of Bibb County upon condition of reaching the age of 65 years and having 12 years service as judge of said court and having a total of 19 years service as judge of said court and as solicitor of the City Court of Macon or as judge of the City Court of Macon in Bibb County, and while a resident of the County of Bibb, it is hereby provided that upon retirement for reasons of health or by authority of an Act or by Acts of The General Assembly of Georgia, the retired judge shall be a judge

Page 2993

emeritus of said court and shall be available for service either as judge pro hac vice of the Civil Court of Bibb County or of the City Court of Macon upon the request of the respective regular judges of said courts. The judge emeritus shall not hold any compensating position with the State of Georgia, United States of America, County of Bibb or City of Macon or agencies of any, except upon taking a leave of absence as such judge emeritus and forever waiving and relinquishing pension or retirement compensation during and for such leave of absence; the judge emeritus shall be disqualified from engaging in the practice of law in any of the courts in which he is qualified to serve as judge pro hac vice. Section 2. Be it further enacted by the authority aforesaid that the pension or retirement pay of said judge emeritus of the Civil Court of Bibb County shall annually be equal to 60% of the total amount received while a regular judge and for the 12 month period immediately prior to retirement. Said pension or retirement compensation shall be paid in proportionate monthly installments from the treasury of the County of Bibb, and said county board of commissioners for the County of Bibb is hereby authorized, empowered and directed to order that the compensation of said judge emeritus shall be paid as in this Act set forth and provided for, during the remainder of his life or until such judge shall resign from said emeritus office. Section 3. Be it further enacted by the authority aforesaid that said county board of commissioners for the County of Bibb is hereby empowered and authorized to provide for payment of compensation of said judge emeritus from taxes levied or to be levied by authority of the Constitution of the State of Georgia of 1945, Article 7, Section 4, Paragraph 1, sub-paragraph 15 (Ga. Code Ann. Section 2-5701, paragraph 1, sub-paragraph 15) which provides that a county may levy taxes to provide for workmen's compensation and retirement or pension funds for officers and employees, or from taxes levied or to be levied by authority of the Constitution of the State of Georgia of 1945, Article 7, Section 4, Paragraph 1, sub-paragraph 5 (Ga. Code Ann. Section 2-5701, paragraph 1, sub-paragraph 5) which provides that

Page 2994

a county may levy taxes to pay the expenses of courts....., either or both. Section 4. Be it further enacted by the authority aforesaid that the county board of commissioners for Bibb County be and they are (it is) hereby authorized and empowered to levy ad valorem tax with respect to taxable properties in Bibb County for the purpose of fulfilling the obligations of Bibb County assumed pursuant to the authority granted hereby. Section 5. Be it further enacted by the authority aforesaid that it shall be the duty of the county board of commissioners for Bibb County to make provisions when levying taxes for the expenses of the courts or to provide for workmen's compensation and retirement or pension funds for officers and employees as provided for by authority of the Constitution of the State of Georgia of 1945, Article 7, Section 4, Paragraph 1, sub-paragraph 5 (Ga. Code Ann. Section 2-5701, paragraph 1, sub-paragraph 5) which provides that a county may levy taxes to pay expenses of courts....., or as provided for by authority of the Constitution of the State of Georgia of 1945, Article 7, Section 4, Paragraph 1, sub-paragraph 15 (Ga. Ann. Section 2-5701, paragraph 1, sub-paragraph 15), which provides that a county may levy taxes to provide for workmen's compensation and retirement or pension funds for officers and employees, either or both; for the levying and collection of sufficient taxes for the purpose of paying the salary of said judge emeritus herein provided for, and the power to levy taxes for such purpose is hereby delegated to said county board of commissioners for Bibb County. Section 6. Be it further enacted by the authority aforesaid that if any clause, sentence, paragraph or part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered. Severability.

Page 2995

Section 7. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 8. Be it further enacted by the authority aforesaid that the publication of notice of intention to apply for local legislation and the affidavit of the member of The General Assembly applying for the passage of this Act, which are hereto attached, are incorporated in and made a part of this Act, and it is hereby declared that all 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. Public Notice. Please be advised that the undersigned will apply, at the present session of the General Assembly of Georgia, for passage and approval of legislation or for proposal of constitutional amendments, either or both, whereby pension or retirement compensation will be provided and extended to judges of the Civil Court of Bibb County upon condition of reaching the age of 65 years, and having 12 years' service as judge of said court and having a total of 19 years' service as judge of said court or as judge of said court and as solicitor of the City Court of Macon or as judge of the City Court of Macon in Bibb County and while a resident of the County of Bibb. The retired judge shall be a judge emeritus of said court and shall be available, for service either as judge pro hac vice of the Civil Court of Bibb County or of the City Court of Macon, upon the request of the respective regular judges of said courts. The judge emeritus shall not hold any compensating position with the State of Georgia, United States of America, County of Bibb or City of Macon or agencies of any, except upon taking a leave of absence as such judge emeritus and forever waiving and relinquishing pension or retirement compensation during and for such leave of absence. The judge emeritus shall be disqualified from engaging in the practice of law in any of the courts in which he is qualified to serve as judge pro hac vice.

Page 2996

The pension or retirement pay shall annually be equal to 60% of the total amount received while a regular judge and for the 12-month period immediately prior to retirement. Said pension or retirement compensation shall be paid in proportionate monthly installments from the treasury of the County of Bibb. Denmark Groover, Jr. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover, Jr., who, on oath, deposes and says that he is Representative from Bibb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph News, which is the official organ of said county, on the following dates: Feb. 16 23, March 2, 1963. /s/ Denmark Groover, Jr. Representative, Bibb County Sworn to and subscribed before me this 8th day of March, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved April 4, 1963. CITY OF MACONVACATING AND ABANDONING A PART OF OLD CITY CEMETERY. No. 298 (House Bill No. 675). An Act directing the City of Macon to close, vacate, abandon and discontinue the use of a portion of the Old City Cemetery, located in and adjacent to square 35, Old City, in the City of Macon, for cemetery purposes; directing said city to set apart a portion of the remainder of said Old

Page 2997

City Cemetery for the reinterment of the remains of bodies buried in that portion of said Old City Cemetery to be closed and abandoned; directing said city to remove the remains of bodies buried in said portion of said cemetery to be closed and abandoned and re-inter them at its expense in the remaining portion of the said Old City Cemetery set aside for said purposes; directing said city to remove any and all headstones and monuments from said abandoned portion of said cemetery and re-erect the same at its expense in the remaining portion of said Old City Cemetery; directing said city to give notice of the date of commencement of said work; directing said city to erect a memorial in said remaining portion of the Old City Cemetery commemorating and honoring the re-interred dead; vesting title in the City of Macon to that portion of square 35, Old City, City of Macon, now occupied by the easterly portion of said Old City Cemetery as is more fully described hereinbelow; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the effective date of this Act, the City of Macon shall close, vacate, abandon and discontinue the use of a portion of square 35, Old City, City of Macon, and adjacent property which comprises the easterly portion of the Old City Cemetery for cemetery purposes, and the portion to be so closed, vacated and abandoned is further described as follows: All that tract or parcel of land bounded as follows: Commencing at a point on the westerly side of existing Seventh Street, which is also the southermost corner of the present Old City Cemetery and from said point running north 56 10[UNK] west a distance of 70 feet along the southerly boundary line of the Old City Cemetery and thence running north 32 12[UNK] 30[UNK] east a distance of 55 feet to a point; thence along the arc of a circle with a radius of 1227.29 feet running in a direction between the extremes of north 32 12[UNK] 30[UNK] east and north 18 42[UNK] 30[UNK] east a distance of 289 feet, more or less, to a point which is 150 feet from a point on

Page 2998

the present southerly curb line of Cherry Street which bears south 18 42[UNK]30[UNK] west of said point on the present southerly curb line of Cherry Street and from said point running north 18 42[UNK]30[UNK] east a distance of 150 feet to the aforesaid point on the southerly curb line of Cherry Street and running thence south 50 32[UNK] east a distance of 30 feet to a point; thence south 52 20[UNK] east a distance of 120 feet to a point; thence south 33 50[UNK] west a distance of 467 feet, more or less to the point of beginning. Said property is more particularly depicted and described and is the same property shown shaded in red coloring on a sketch and plat entitled `Portion of Old City Cemetery to be closed for proposed Seventh Street Improvement through theoretical Seventh Street between Cherry Street and Poplar Street' prepared by the office of the city engineer, City of Macon and dated March 6, 1963, said sketch and plat being filed and of record in the office of the said city engineer, and said sketch is by reference hereby made a part of this description. Section 2. The City of Macon shall set apart a portion of the remainder of the Old City Cemetery for the re-interment of the remains of all bodies found buried in the above described portion of the Old City Cemetery and shall give notice by publication once a week for two weks in a newspaper of general circulation in the City of Macon, of the date upon which it shall commence the work of removing and re-interring the remains of bodies buried in the above described portion of the Old City Cemetery, which date shall not be less than five (5) days following the date of the last publication of said notice. Said notice shall provide that the nearest of kin of any person buried in said portion of the Old City Cemetery, at any time prior to the commencement of said work by the City of Macon, may remove the remains of the body of such person and re-inter the same, at the expense of the said next of kin; provided, however, that unless the remains of said bodies are so removed, then the City of Macon shall remove them as hereinafter directed and re-inter them in the remaining portion of the Old City Cemetery. Section 3. After giving notice as required in section 2 above, the City of Macon shall remove the remains of bodies

Page 2999

interred in that parcel of land described in section 1 above and re-inter the same in the remaining portion of the Old City Cemetery, set apart as aforesaid; and the city shall remove such headstones and monuments as may be erected over the remains of bodies and shall re-erect any such headstones and memorials over the remains of said bodies where the same are re-interred in the remaining portion of the Old City Cemetery. Section 4. The City of Macon shall erect a memorial in the remaining portion of the Old City Cemetery set apart as aforesaid commemorating and honoring the re-interred dead. Section 5. Fee-simple title to the property described in section 1 above, as well as the existing Seventh Street immediately adjacent to said property, is hereby vested in the City of Macon, its successors and assigns. Section 6. If any section or portion of 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 7. All laws or parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of local legislation at the 1963 session of the General Assembly of Georgia now in session, and said legislation shall be: An Act directing the City of Macon to close, vacate, abandon, and discontinue the use of the Old City Cemetery, located in and adjacent to square 35, Old City, in the City of Macon, for cemetery purposes; directing said city to set apart a portion of the Rose Hill Cemetery in said city for the re-interment of the remains of bodies buried in said Old City Cemetery; directing said city to remove the remains of bodies buried in said Old City Cemetery and re-inter them at its expense in the portion of said Rose Hill Cemetery set

Page 3000

aside for said purpose; directing said city to remove the headstones and monuments from the Old City Cemetery and re-erect the same, at its expense, in the said portion of Rose Hill Cemetery; directing said city to give notice of the date of the commencement of said work; directing said city to erect a memorial in said portion of said Rose Hill Cemetery, commemorating and honoring the re-interred dead; vesting title in the City of Macon to that portion of square 35 Old City, City of Macon, now occupied by said Old City Cemetery; to provide for severability; and for other purposes. This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the Georgia Constitution of 1945. This 21st day of February, 1963. Buckner F. Melton City Attorney City of Macon Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mitchel P. House, Jr., who, on oath, deposes and says that he is Representative from Bibb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon News, which is the official organ of said county, on the following dates: February 23, March 2, 9, 1963. /s/ Mitchel P. House, Jr. Representative, Bibb County. Sworn to and subscribed before me this 11th day of March, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved April 4, 1963.

Page 3001

CITY OF VALDOSTAELECTIONS. No. 299 (House Bill No. 677). An Act to amend the charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporating said city, approved November 21, 1901 (Ga. L. 1901, p. 670 and 688, inclusive), and Acts amendatory thereof; to provide that in future elections all candidates shall be required to receive a majority of the legal votes polled; to provide that councilmen be elected by posts; to provide for second special elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia; and it is hereby enacted by the authority of the same, that the Act of the General Assembly of Georgia, approved November 21, 1901, incorporating the City of Valdosta (Ga. L. 1901, p. 670 et. seq.), together with the Acts Amendatory thereof, be and the same is hereby amended as follows: Section 1. The Act of the General Assembly, approved November 21, 1901, incorporating the City of Valdosta (Ga. L. 1901, p. 670, et. seq.), together with the Acts amendatory thereof, is hereby amended by striking from section 3 of said Act the words contained in the third, fourth and fifth lines of said section Mayor and six councilmen to serve two years; or until their successors are elected and qualified; said election shall be opened at eight o'clock, a.m., and closed at four o'clock, p.m., and substituting in lieu thereof the words a mayor and one councilman for each of six council posts, said posts being termed council post 1, council post 2, council post 3, council post 4, council post 5 and council post 6, to serve two years, or until their successors are elected and qualified; said election shall be opened at seven o'clock, a.m., and closed at seven o'clock, p.m., so that Section 3 of said Act after being so amended, will read as follows: Sec. 3. Be it further enacted, that there shall be elected on the second Monday in February, 1902, and biennially thereafter, a mayor and one councilman for each of six

Page 3002

council posts, said posts being termed council post 1, council post 2, council post 3, council post 4, council post 5 and council post 6, to serve two years, or until their successors are elected and qualified; said election shall be opened at seven o'clock, a.m., and closed at seven o'clock, p.m., to be held under the superintendence of a justice of the peace, or notary public and ex-officio J.P., and two freeholders of said city, under the form and regulations prescribed by law for holding elections for members of the General Assembly, in so far as they are applicable to said election and do not conflict with the specific rules herein contained, and all elections held in said city at any time, and for any purpose whatever, shall be held in the same manner. All elections for mayor and councilmen, and all other elections, shall be held at the court house in Lowndes County. Mayor and councilmen. Section 2. Said Act is further amended by inserting, following section 3 thereof, as amended, a new section to be known as section 3A which shall read as follows: Sec. 3A. Every person who offers for election as mayor or councilman of the City of Valdosta shall designate with the proper authority in the general election the specific office of mayor or specific council post for which he offers by naming the office of mayor or the specific council post by number, and thereupon he shall be qualified, if otherwise qualified, as a candidate for such office of mayor or designated council post. Candidates. Section 3. Said Act is further amended by striking from section 4 of said Act the words contained in the third and fourth lines of said section certificates of election to such persons as receive the highest number of legal votes polled, and inserting in lieu thereof the words certificates of election to such person as receives a majority of the legal votes polled for the office of mayor and for each of the six council posts, so that section 4 of said Act after being so amended, will read as follows: Sec. 4. Be it further enacted, that the superintendents of elections shall duly declare the result of said elections, and shall issue certificates of election to such person as

Page 3003

receives a majority of the legal votes polled for the office of mayor and for each of the six council posts, who shall at such time and place as may be prescribed by the ordinances of said city qualify by taking an oath to well and truly perform the duties of their respective offices as such mayor and councilmen during the term of their office, which oath, with certificates of election given by the said superintendents, shall be entered of record on the minutes of said council, and the originals filed in the office of the clerk of council. Majority vote. Section 4. Said Act is further amended by inserting following section 4 thereof, as amended, a new section to be known as section 4A which shall read as follows: Sec. 4A. Should no person receive a majority of the legal votes polled for the office of mayor or for any one or more of the six council posts, the superintendents of elections shall certify to the mayor and council the names of the two persons who shall have received the larges number of legal votes polled for said office of mayor or any one or more of said council posts for which no person received a majority of legal votes polled, and the mayor and council shall call a special election between the two persons receiving the largest number of legal votes polled for such offices of mayor or council posts; said special election shall be held no sooner than the third Tuesday in February and no later than the fourth Tuesday in February next ensuing; and said special election shall be held in the manner provided in section 3 of this Act, as amended; and the superintendents of said special election shall duly declare the results of said special election, and shall issue certificates of election to such persons as receive a majority of legal votes polled in said special election, who shall at such time and place as may be prescribed by the ordinances of said city qualify by taking an oath to well and truly perform the duties of their respective offices as such mayor and councilmen during their term of office, which oath, with certificates of election given by the said superintendents, shall be entered on the minutes of said council, and the originals filed in the office of the clerk of said council. Runover elections.

Page 3004

Section 5. Said Act is further amended by striking therefrom section 18 of said Act, as amended, in its entirety. Section repealed. Section 6. Be it further enacted that all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Section 7. There is attached hereto and made a part of this Act a copy of the published notice of intention to apply for the passage of this Act and a certificate of the publisher of the Valdosta Daily Times, the newspaper in which sheriff's advertisements for Lowndes County are published, certifying that said copy is true and correct and that the same has been published as provided by law. Notice of Local Legislation. Notice is hereby given that legislation by the General Assembly of Georgia will be sought and applied for, at the 1963 session of said General Assembly, which legislation, if adopted, will amend the charter of the City of Valdosta. City of Valdosta By: Henry T. Brice City Attorney. Georgia, Lowndes County. I, E. M. Turner, do hereby certify and on oath depose and say that I am the acting publisher of The Valdosta Daily Times which is the newspaper in which sheriff's advertisements for Lowndes County, Georgia are published; that the attached and foregoing instrument entitled notice of local legislation is a true and correct copy of a notice which was published in said newspaper once a week for three weeks on the 16th and 22nd days of February and the 1st day of March in the year 1963; and that said notice has been published as provided by law and as prescribed by Article III, Section VII, Paragraph XV of the Constitution of Georgia. /s/ E. M. Turner

Page 3005

Sworn to and subscribed before me this 9th day of March, 1963. /s/ Hazel Pollard Notary Public, Lowndes County, Ga. My commission expires March 14, 1963. (Seal). Approved April 4, 1963. GREENE COUNTY DEVELOPMENT AUTHORITY. No. 300 (House Bill No. 679). An Act to create the Greene County Development Authority; to provide the powers, authority, funds, purposes, organization and procedures connected therewith; to provide for the appointment of members of said Authority; to provide for issuing of revenue bonds and the validation of such bonds; to provide for the exemptions applicable to said Authority; to provide definitions; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known as and may be cited as the Greene County Development Authority Act. Short title. Section 2. As used herein, the following words and terms shall have the following meaning unless a different meaning clearly appears from the context: (1) The word Authority shall mean the Greene County Development Authority, created hereby. (2) The word Governing Authority of Greene County shall mean the Board of Commissioners of Roads and Revenues of Greene County, their successors or such other Authority that may be hereafter provided for the administering of the affairs of Greene County. Definitions.

Page 3006

(3) The words undertaking, project, undertaking or project or undertaking and project shall be deemed to mean and include property, real and/or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expansion of existing industry, trade or commerce in Greene County, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; and/or the construction, installation and/or expansion of one or more buildings, plants, and/or articles of equipment for the purpose of using, selling, donating, leasing and/or renting such land, properties, improvements, structures, or equipment to public or private persons, firms, corporations, and/or associations for such purposes. (4) The term cost of project shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services acquired and/or contracted for; the cost of financing charges and/or of interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or incident to construction and/or improvements, and/or to determine the feasibility and/or practicability of the project, administrative expenses, and/or the acquisition, construction, equipping and/or operating any project or any part thereof. Section 3. Pursuant to the Constitution of the State of Georgia there is hereby created a body corporate and politic to be known as the Greene County Development Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by the County of Greene. Created. Section 4. The Authority shall consist of five (5) members to be appointed in the manner as hereinafter set forth. One member of the Authority shall be ex officio President

Page 3007

of the Chamber of Commerce of Greene County, and his successors in office. The City Planning Commission of Union Point, Georgia, shall appoint one member to serve for an initial term on the Authority for two years. The Board of Commissioners of Roads and Revenues of Greene County shall appoint one member to the Authority to serve for an initial term of three years. The Mayor and Council of Greensboro, Georgia, shall appoint one member to the Authority to serve for an initial term of four years. The Mayor and Council of Union Point shall appoint one member to serve an initial term of five years. At the expiration of the terms of the initial members of the Authority, their successors shall be appointed by the respective appointing authorities hereinabove provided for, and their terms shall be for five years and until their successors are appointed and qualified. Members. All members who have served on said Authority shall be eligible for reappointment to succeed themselves if they are reappointed by said governing Authority designated by this Act to appoint them. Members of the Authority shall be citizens of the United States who have attained the age of twenty-one (21) years, and who shall have been citizens of this State for two (2) years, and for one year a resident of Greene County immediately preceding his appointment as a member of the Authority. Should any member resign, be unable to serve or move beyond the territorial limits of Greene County as it is now situated or may be hereafter situated, or should there be a vacancy for any reason, the successor shall be appointed to serve the remaining term of such member by the respective appointing authority. Prior to taking office the members shall subscribe to the following oath, to wit: I do solemnly swear that I will fully and fairly perform the duties as a member of the Greene County Development Authority, So Help Me God. The members of said Authority shall be entitled to no compensation.

Page 3008

Any three 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 three affirmative votes. No vacancy shall impair the power of the Authority to act. Section 5. The Authority created by this Act is for the purposes of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for the coordination of such development, promotion and expansion within its territorial limits. Purposes. Section 6. In addition to the purposes for which revenue anticipation obligations may be issued by counties, municipal corporations and political subdivisions as provided in said Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia, Greene County Development Authority, herein created, be and is hereby authorized to issue revenue obligations to provide funds to be used by said Authority in developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for the coordination of such development, promotion and expansion within the territorial limits of Greene County, as herein provided. Said purposes are hereby found, determined and declared to be for the benefit of the citizens and residents of said County and to be an essential governmental function in providing vocational education, relieving unemployment, improving the economy, limiting poor relief assistance, developing natural resources and otherwise promoting the general welfare. Bonds. Section 7. The Authority shall not be operated for profit, is an institution of purely public charity, and is an industrial development agency qualified to receive loans and other assistance from the Industrial Development Commission of the State of Georgia, or other governmental agencies. Purpose. Section 8. In carrying out the foregoing objectives, the Authority shall be deemed to be engaging in such functions

Page 3009

of government, activities and transactions as the County of Greene is by law authorized to undertake. Intent. Section 9. Greene County, by and through its Governing Authority, shall be and is hereby authorized and empowered to contract with the Authority as a public corporation as provided by the Constitution and laws of the State of Georgia. Contracts. Section 10. The powers of the Authority herein created shall include, but are not limited to, the power, for its corporate purposes: (1) To have a corporate seal and alter the same at pleasure. Powers. (2) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the State of Georgia and any instrumentality thereof, any county or municipality thereof, and any other political subdivisions, and with private persons, firms, corporations, and associations. (3) To receive and administer gifts, grants and donations and to administer trusts. (4) To buy, acquire, receive as gifts, own, improve, expand, develop, operate, maintain, sell, donate, lease as lessor or lessee, mortgage, pledge, convey to secure debt, and/or otherwise encumber and/or dispose of land, buildings, equipment, furnishings, and/or property of all kinds, real and/or personal, within Greene County, Georgia, and to make a contract or contracts and/or to execute any instrument or document for the accomplishment thereof, or other purposes. (5) To make contracts, and to execute any and all instruments necessary or convenient to, or in aid of, the accomplishment of any of the purposes of said Authority, and/or the exercise of any power or powers of said Authority. (6) To enter into any contract or contracts for any period of time not exceeding thirty (30) years.

Page 3010

(7) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation. (8) To construct, erect, buy, receive as a gift, acquire, own, repair, remodel, maintain, equip, furnish, extend, expand, develop, improve, donate, sell, lease as lessor or lessee, equip, add to, operate and manage projects and to pay the costs of any such project from any income of the Authority, from the proceeds of revenue bonds issued and sold by the Authority or others, from any taxes levied for the purpose by the State of Georgia, Greene County, or any of the municipalities therein, or from any contributions or loans by political subdivisions or instrumentalities, persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. (9) To elect its own officers from the membership of the Authority; to elect and employ an executive director who is not required to be a member of the Authority; and to authorize and empower such officers to act for the Authority generally or in any specific matter. (10) To borrow money and to execute debentures, bonds, notes, mortgages, deeds or bills of sale to secure debt, trust deeds and/or other such instruments as may be necessary or convenient to evidence and secure such borrowing. (11) To issue and sell revenue bonds for the purpose of raising funds for the payment, in whole or in part, of the cost of any project of the Authority; to secure the payment of the obligations of such bonds, by, but not limited to, selling, conveying, mortgaging, pledging and/or assigning any or all of its funds, income and/or property; and to exercise all the rights, powers and privileges, and to be subject to all the duties and liabilities, which a municipality may exercise and/or be subject to under the provisions of the Revenue Bond Law (Ga. L. 1937, p. 761; Chapter 87-8 of the Annotated Code of Georgia), as the same is now, or may hereafter be amended. The rights, powers and privileges of the

Page 3011

Authority are not limited to those of such a municipality, however. (12) To receive and use public funds made available to it, the rents, profits and proceeds from the projects erected, leased or sold, and other funds and income of the Authority, to provide for the operation and maintenance of such projects or other projects, to discharge the principal, interest and expenses of bonds, revenue bonds, and notes issued by the Authority, to pay other debts of the Authority, and to further and promote the objectives of the Authority. (13) To exercise any power granted by the laws of the State of Georgia to public corporations or authorities performing similar functions. (14) 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. (15) To adopt, alter, amend and/or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the powers granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (16) To do all things necessary and convenient to carry out the powers expressly conferred by this Act upon the Authority. Section 11. The acquisition, construction, improvement, betterment, expansion or extension of any undertaking or project of the Authority, and the issuance in anticipation of the collection of revenues of such undertaking or project, of bonds to provide funds to pay the whole or a part of the costs thereof, may be authorized by resolution or resolutions of the Authority which may be adopted at a regular or special meeting by a majority of the members of the Authority. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The Authority in determining

Page 3012

the cost of any undertaking or project for which revenue bonds are to be issued may include all costs as hereinbefore defined. Such bonds shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates not exceeding seven per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Except as herein provided to the contrary, such bonds shall be issued and validated in the Superior Court of Greene County, Georgia, in the same manner as revenue bonds of municipalities are issued and validated under the Revenue Bond Law (Ga. L. 1937, p. 761; Chapter 87-8 of the Annotated Code of Georgia), as the same is now or may hereafter be amended. In the proceedings to validate such bonds, the County of Greene and the Greene County Development Authority shall be named as party defendant. In the event no bill of exceptions is filed within the time prescribed by law, or if filed, the judgment validating the bonds shall be affirmed by the Supreme Court of Georgia, such judgment shall be forever conclusive as to the validity of said bonds and the security therefor against said Authority. Procedure, bonds. Section 12. All property, real and personal, the title of which is vested in the Authority, and all debentures, notes, bonds and revenue bonds and certificates issued by the Authority, and interest thereon and income therefrom, shall be exempt from state, county, city and other local taxation for any purpose. All such property shall be exempt from any and all federal taxation, if and when so provided by the Constitution, laws, rules, regulations and mandates of the United States or any of its various bureaus, agencies or other entity by whatever name called. The exemption from taxation herein provided shall not extend to tenants or lessees of the Authority. Property. Section 13. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such bonds. Funds.

Page 3013

Section 14. The Authority shall not be authorized to create in any manner any debt, liability, or obligation, against the State of Georgia, Greene County, or any municipality therein. No debt, liability or obligation of the Authority shall be considered a pledge or loan of the credit of the State of Georgia, or any county, city or other subdivision thereof. Debts. Section 15. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall be in the County of Greene and/or any incorporated city or town in said county, the Governing Authorities of the County of Greene and of said municipalities, respectively, are authorized in their discretion to convey title to such lands, including any improvements thereon, without cost, to the Authority. Said county and/or said municipalities may donate to said Authority, real estate, personal property and services for any such project. Any such land, improvements, or personal property so conveyed or donated to the Authority may be mortgaged, conveyed, or pledged to secure obligations of the Authority. Gifts, etc. Section 16. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually and exclusively for the purposes for which the Authority is created, unless the Authority for any reason is dissolved. Then in that event, the funds and property of the Authority shall be conveyed as hereinafter provided. Property. Section 17. 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 be conveyed to Greene County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property. No private interest shall exist in the property of the Authority. The Authority shall hold title only for the benefit of the public. Same. Section 18. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent independent auditor; and the minutes

Page 3014

and records of the same shall be filed with the clerk of the board of commissioners of roads and revenues of said county, and shall be available for public inspection. Audits. Section 19. The Authority shall exist and have all of said powers, and the right to exercise the same for its corporate purposes, regardless of whether or not it shall issue revenue anticipation obligations hereunder. Powers. Section 20. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 21. 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, 1963, session of the General Assembly of Georgia a bill to create the Greene County Development Authority, to provide for the composition of said authority, its powers, duties and purposes to provide the procedure connected therewith and for other purposes. This 20th day of February, 1963. A. P. Roper, Representative of Greene County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Allen P. Roper,

Page 3015

who, on oath, deposes and says that he is Representative from Greene County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald Journal, which is the official organ of said county, on the following dates: February 20, and 27, 1963 and March 6, 1963. /s/ Allen P. Roper Representative, Greene County Sworn to and subscribed before me this 11th day of March, 1963. /s/ Kathryn Rule Notary Public. My commission expires 1-30-65. (Seal). Approved April 4, 1963. RETIREMENT SYSTEM FOR JUDGES AND SOLICITOR-GENERAL OF CERTAIN COURTS IN FULTON COUNTY AMENDED. No. 301 (House Bill No. 680). An Act to amend an Act, Georgia Laws 1946, p. 299 which provides for the retirement and payment of pensions to the judges and solicitor-general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County, and the judge of the Juvenile Court of Fulton County, as previously amended, so as to provide that membership and pension benefits under the Act, as amended, shall be limited to judges and solicitor-general and assistant solicitors-general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County, and the assistant solicitors-general of the Superior Court; to repeal conflicting laws; and for other purposes.

Page 3016

Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That from and after the passage of this amendment membership and pension benefits under this Act as amended shall be limited to judges and solicitor-general and assistant solicitors-general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County, the judge of the Juvenile Court of Fulton County, and assistant solicitors-general of the superior court. Persons covered by Act. Section 2. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 3. A copy of notice of intention to apply for this local legislation and an affidavit or certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of Georgia relating to the publication of notice of intention to apply for passage of this local legislation have been complied with for the enactment of this law. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 18th and 25th days of February, 1963, and on the 4th day of March, 1963. As provided by law. /s/ Frank Kempton Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January 1963 session of the General Assembly of Georgia now in

Page 3017

session for local legislation to amend an Act providing for the retirement of the judges and the solicitor general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County and the judge of the Juvenile Court of Fulton County.....and for other purposes (Ga. L. 1946, p. 299), as heretofore amended. This 18 day of February, 1963. Jack Etheridge Ralph Mclelland Subscribed and sworn to before me this 5th day of March, 1963. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My commission expires Oct. 18, 1963. (Seal). Approved April 4, 1963. NEWTON COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES, REFERENDUM. No. 302 (House Bill No. 682). An Act to create a board of commissioners of roads and revenues for Newton County; to provide for their election; to provide for commissioner district; to provide a chairman; to provide for the compensation of the board members; to provide for a bond for the board members and an oath of office; to provide for a clerk of the board, prescribing his duties and compensation; to prohibit certain transactions with members of the board; to provide for the office hours of the chairman; to provide for certain bookkeeping transactions; to provide for the filling of vacancies; to provide for audits; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Page 3018

Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a board of commissioners of roads and revenues for Newton County to be composed of four members to be elected as hereinafter set forth, who shall be charged with the duty and responsibility of administering county affairs. Created. Section 2. For the purpose of electing members of the board, Newton County is divided into three commissioner districts. Districts. Commissioner District No. 1 shall be composed of Militia Districts Nos. 462 (Covington), and 1525 (Oxford), and shall be known as Post No. 1 on the board. Commissioner District No. 2 shall be composed of Militia Districts Nos. 463 (Wyatt), 420 (Brick Store), 1522 (Newborn), 1618 (Mansfield), 477 (Hays), 546 (Gaithers), and 1513 (Leguin), and shall be known as Post No. 2 on the board. Commissioner District No. 3 shall be composed of Militia Districts Nos. 1717 (Almon), 461 (Stansells), 547 (Downs), 1261 (Cedar Shoals), 567 (Rocky Plains), 464 (Brewers), and 1249 (Gum Creek), and shall be known as Post No. 3 on the board. All persons desiring to offer for election to the board must run for the numbered position on the board which corresponds with the district within which they reside. Those candidates receiving the highest number of votes in each of the three districts shall be elected to the board to serve for a four year term and until their successors are duly elected and qualified. The registered voters residing within the various numbered districts shall be entitled to vote for candidates offering for election to the board only for the position on the board which corresponds to the district within which they reside. Section 3. The chairman of the board of commissioners of roads and revenues shall be elected by the registered voters

Page 3019

of the entire county. All persons desiring to offer as a candidate for election to the chairmanship shall specifically designate that they are running for the chairmanship, which shall be Post No. 4. Chairman. Section 4. Election for members of the board shall be held at the same time and in the same manner as other elections for county officers are held and the members so elected shall take office on January 1 of the year following their election. Elections. Section 5. The chairman of the board shall vote only to break a tie in the event that any member should be absent or abstain from voting. The members of the board from posts Nos. 1, 2, and 3 shall be the policy making body of said county, and the chairman of the board shall be the chief administrative officer who shall carry out the policy decisions and directives of the other three members. Chairman. Section 6. The chairman of the board of commissioners of roads and revenues shall receive a salary of $9,000.00 per annum, payable in equal monthly installments from the funds of Newton County. The other members of the board shall, by appropriate resolution, fix their own per diem compensation. Salaries. Section 7. The commissioners, before entering upon their duties of office, shall give a good and sufficient bond to be approved by the ordinary of said county in the sum of ten thousand dollars for the faithful discharge of their duties as county commissioners. For any violations or neglect of duty as provided by this Act, said bonds shall become actionable, suit thereon to be brought in the name of the ordinary of said county, for the use of any person damaged thereby, or for the County of Newton for any breach thereof by malfeasance or misfeasance in office or for any tort, or wrong committed under color of his office. The commissioners shall before entering upon the duties of their office make oath before the ordinary of said county to faithfully administer all things and affairs coming under their jurisdiction as county commissioners to the best interests of said county and to carry out the provisions of this Act. Bond, oath.

Page 3020

Section 8. The board shall have a clerk to keep all books and records of the board. His salary shall be recommended by the grand jury at the January term next after said general election, to the judge of said court, who shall so order said salary to be paid out of the county treasury of said county upon a warrant issued therefor by the board, to be paid monthly, and in no event shall said salary be less than six hundred dollars per annum. Said clerk shall perform all duties required of him by said board in keeping all the records and minutes of said board, and keeping the board's office open and all records open to public inspection to any tax payer of said county. Clerk. Section 9. It shall be unlawful for any candidate for election to the board or for any nomination therefor, to enter into any agreement or understanding with any person or persons as to the disposal of any work, the purchase of any supplies, or any appointment which is or shall be under the control of the board and any person so offending shall be ineligible to hold said office and upon conviction shall be punished as for a misdemeanor. Contracts. Section 10. The chairman shall select one regular day of each week, during the working hours of which he shall remain at his office in the courthouse and the balance of his working time, unless necessarily required for the transaction of public business in his office, shall be spent in direct personal supervision of the laying out of the road work, inspection of roads and bridges and other public property, or any other duty required by this Act. Chairman's hours. Section 11. The chairman shall keep a book of vouchers signed by the party or parties of whom supplies may be bought and by such party or parties itemized in every important particular, stating the number of articles or pounds, etc., rate, price, the purchase for which to be used, and the total amount received. The chairman shall keep all vouchers always in binding and always accessible to public inspection and for the use of the grand jury, or the auditor. Any purchases of items whose aggregate purchase price shall be in excess of $500.00 shall be approved by the full board before being authorized. Purchases.

Page 3021

Section 12. The chairman shall at the end of each month make out an itemized account of all the transactions of his office, stating the amount of money or moneys received and from what source, the amount of money or moneys expended and for what purposes during that month and post the same on the bulletin board at the courthouse within ten days after the end of each month, there to remain for a period of thirty days. He shall undersign each monthly statement so posted and make oath as to the correctness of same before the ordinary of said county. Accounts. Section 13. It shall be a misdemeanor for any member of the board, the clerk or any one serving under the board, or any one employed upon the road force of Newton County to have any financial interest in the sale or purchase of any article to or from the county. Any person so offending shall upon conviction be punished as for a misdemeanor. Contracts. Section 14. In case of a vacancy on the board by reason of death, resignation, or otherwise, the ordinary of Newton County shall perform all the duties of said office until a successor is elected and qualified and shall receive for his said services the same salary received by a commissioner and said vacancy shall be filled by an election called for this purpose under the same rules and regulations as that now prescribed by law for the election to fill a vacancy in the office of clerk of superior court. Vacancies. Section 15. The grand jury sitting at the spring term of the superior court each year shall appoint a board of auditors or an auditing company as they may see fit to audit the books and accounts of the board and it shall be the duty of said auditing board to audit all the books, accounts and transactions of the board and said board shall have the power to examine on oath all commissioners or any person serving under the board relative to any account or item on said books and accounts or any transaction in said office. Said board shall perform its duties herein prescribed and submit a report of its findings to the grand jury sitting at the fall term of the Newton superior court. The grand jury employing said auditing board shall recommend what sum shall be paid for said work and said board shall be required

Page 3022

to draw its warrant for this amount and pay said auditing board as the case may be for their services in this behalf. Said report to be published in county newspapers where legal advertisements are published. Audits. Section 16. An Act approved July 27, 1923, creating the commissioner of roads and revenues of Newton County (Ga. L. 1923, p. 305), as amended, is hereby repealed in its entirety. 1923 Act repealed. Section 17. It shall be the duty of the ordinary of Newton County to issue the call for an election for the purpose of submitting this Act to the voters of Newton County for approval or rejection. The ordinary shall set the date of such election for May 15, 1963. 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 Newton County. The ballot shall have written or printed thereon the words: For approval of the Act creating a new four member Board of Commissioners of Roads and Revenues for Newton County. Referendum. Against approval of the Act creating a new four member Board of Commissioners of Roads and Revenues for Newton 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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Newton 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 of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

Page 3023

Section 18. If this Act shall be approved in the election provided for in section 17, it shall become effective January 1, 1965, except insofar as the election of new members to the board of commissioners of roads and revenues for Newton County is concerned, which shall be held in the general election of 1964. Effective date. Section 19. 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 1963 session of the General Assembly of Georgia, a bill to abolish the present office of commissioner of roads and revenues of Newton County; to provide for a board of commissioners of roads and revenues of Newton County; to provide for their election, duties and responsibilities; to provide for their compensation; to provide for the procedure connected therewith; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 12th day of January, 1963. W. D. Ballard Representative, Newton County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Ballard, who, on oath, deposes and says that he is Representative from Newton County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News, which is the official organ of said county, on the following dates: January 24, 31, February 7. /s/ W. D. Ballard Representative, Newton County

Page 3024

Sworn to and subscribed before me this 4th day of March, 1963. /s/ Kathryn Rule Notary Public. Commission expires 1-30-65. (Seal). Approved April 4, 1963. FULTON COUNTYSANITARY LAND FILL AREAS FOR DISPOSAL OF WASTE, ETC. No. 308 (Senate Bill No. 29). An Act to amend an Act entitled, An Act to establish a method for providing garbage disposal systems in the unincorporated portions of Fulton County..... and for other purposes, approved February 21, 1951 (Ga. L. 1951, p. 3079) so as to authorize Fulton County to operate a sanitary landfill for the disposal of public and private industrial waste, refuse and garbage, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the Act entitled, An Act to establish a method for providing garbage disposal systems in the unincorporated portions of Fulton County..... and for other purposes, approved February 21, 1951 (Ga. L. 1951, p. 3079) is hereby amended as follows: Section 1. Section 2 of said Act shall be amended as follows: (a) By striking from lines two and three in section 2 of said Act, the words sanitary fill areas. (b) By striking the period at the end of said section and inserting in lieu thereof a comma, and by adding the following language to wit:

Page 3025

Provided however, that nothing in this Act or section shall be construed to forbid Fulton County from acquiring by purchase or lease any land in the unincorporated area or from operating thereon a sanitary landfill or area for the disposal of public or private industrial waste, refuse and garbage, and provided further, the county may cease to operate same and may sell any such land or area when its usefulness has ceased or the need for such facility has terminated in the judgment of the county authorities. Section 2. Be it further enacted that all laws or parts of laws in conflict herewith be and are hereby repealed. Section 3. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared that all of the requirements of law have been complied with. See Enrolled Act for affidavit and advertisement. Approved April 9, 1963. CITY OF DECATURCORPORATE LIMITS. No. 309 (Senate Bill No. 38). 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, so as to change, enlarge, and extend the corporate limits of the City of Decatur in the County of DeKalb, by the incorporation of additional and contiguous territory therein; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority aforesaid, that 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

Page 3026

DeKalb, and the several Acts amendatory thereof, be and the same is hereby amended so as to change, enlarge and extend the corporate limits of said City of Decatur by including therein the following additional and contiguous territory described as follows: All that tract and parcel of land lying and being in land lot 244 of the 15th district and land lot 4 of the 18th district of DeKalb County, Georgia and more particularly described as follows: Beginning at a point one hundred forty-nine and eight-tenths (149.8[UNK]) feet northwesterly from the southwest corner of the intersection of Coventry Road and Merrill Avenue and being measured along the southwest right of way of Coventry Road; thence seventy-nine and sixty-five hundredths (79.65[UNK]) feet northwesterly along the southwest right of way of Coventry Road to a point; thence S 23 degrees 55 minutes 40 seconds W, one hundred twelve and three-tenths (112.3[UNK]) feet to a point on the east-west line separating land lot 244, 15th district, and land lot 4, 18th district; thence west along said line two hundred nineteen and sixteen one hundredths (219.16[UNK]) feet to a point; thence S 9 degrees 35 minutes W, seven hundred seventy and forty-two one hundredths (770.42[UNK]) feet to a point; thence S 89 degrees 30 minutes 20 seconds E four hundred thirteen and one-tenth (413.1[UNK]) feet to a point; thence northerly one hundred eighteen (118[UNK]) feet more or less to a point; thence S 88 degrees 33 minutes 20 seconds E, forty-three and eighteen one hundredths (43.18[UNK]) feet to a point; thence N 0 degrees 44 minutes 20 seconds W, six hundred ninety-three and twelve one hundredths (693.12[UNK]) feet to the point of beginning. Section 2. Be it further enacted by the authority aforesaid that said territory hereinabove described, the residents thereof and the property therein, shall become a part of the City of Decatur when this Act goes into effect, and such territory, residents, and property shall be subject to all of the laws and ordinances governing said City of Decatur, at all times, to the same extent as the territory, residents, and property of said City of Decatur are subject.

Page 3027

Section 3. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 9, 1963. CITY OF FAIRBURNSIX COUNCILMEN ELECTED FROM CITY AT LARGE. No. 313 (Senate Bill No. 49). An Act to amend an Act establishing a new charter for the City of Fairburn, approved August 3, 1925, as amended by an Act approved March 21, 1958, so as to provide for the election of councilmen from the city at large, and to provide compensation for councilmen, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that an Act entitled Fairburn, new charter for, approved August 3, 1925, and the several Acts amendatory thereof, be amended as follows: Section 1. Notice of intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for the locality are published, namely, in the Fulton County Daily Report, once a week for four weeks during a period of sixty days immediately preceding it's introduction into the General Assembly.

Page 3028

Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the publisher to the effect that said notice has been published as provided by law. Section 2. Section 8 of the new charter for the City of Fairburn as found in Georgia Laws 1925, on page 1024, as amended by the Act of 1958 as found in Georgia Laws 1958, page 2743, and other amendments, be amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8 as follows: Section 8. Be it further enacted by authority aforesaid that the said city shall have six councilmen as provided for in section 4 of the Act of 1925 granting a new charter to the City of Fairburn, who shall be elected from the city at large without regard to wards by the qualified voters of said city. The term of the councilmen shall be two years, provided however that the terms of office of Councilmen E. B. Jones, W. W. Milam and R. L. Johnson, who have already been elected for two year terms beginning in January 1963, shall expire in January 1965. The other three councilmen now composing the city council of the City of Fairburn, shall hold office until the next general election in said city, to be held on the first Wednesday in January 1964, so that there shall be three councilmen elected annually in the general election held on the first Wednesday in January of each year. The compensation of such councilmen shall not exceed $300.00 per annum and shall be as fixed by the mayor and council at the first regular meeting of each year, provided however that the salary so fixed by the mayor and council shall remain in effect until changed by the mayor and council. Nothing in this Act shall be construed so as to prevent any councilman now serving or who may hereafter serve as councilman, from succeeding himself in office. Six councilmen. Compensation. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 9, 1963.

Page 3029

CITY OF EAST POINTEMPLOYEES AND CITY ATTORNEY. No. 315 (Senate Bill No. 77). 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 in the following particulars. Section 2. Section 40 of an Act approved March 5, 1957 (Ga. L. 1957, p. 2429 et seq.) as amended is hereby amended by striking said section in its entirety and inserting in lieu thereof a new section 40 which shall read as follows: Section 40. All officers and employees of the City of East Point shall be divided into two divisions: `Classified' and `Unclassified'. The `Classified' shall consist of only those whose terms of office or employment are expressly limited to `during good behavior and efficient service' by ordinance or resolution of the city council, but the mayor, members of the city council, recorder, city physician, personnel director, members of all boards, commissions, authorities and agencies who do not work full time for said city shall not be included. The `Unclassified' shall include all others. Employees. Section 3. Section 120 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 a new section 120 which shall read as follows: Section 120. The legal department of said city shall consist of a city attorney and such other assistant or associate

Page 3030

city attorneys or other officers and employees as the city council shall provide for by ordinance. The city attorney shall be appointed by the city council for a term of four years, and until his successor is appointed and qualified; provided the city council may appoint such city attorney during good behavior and efficient service, at which time such city attorney shall become a classified employee, shall devote full time to his duties as city attorney, and shall be subject to all ordinances, rules and regulations governing other classified employees. Legal department. Section 4. Section 1 of an Act approved March 17, 1960 (Ga. L. 1960, p. 3048 et seq.) is hereby repealed in its entirety. Section 5. Nothing contained in this Act shall be construed to affect the present term of the city attorney of said city. Section 6. 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 a duly authorized agent of the publisher of the newspaper in which the 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 7. All laws and parts of laws in conflict herewith are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 9, 1963.

Page 3031

CITY OF EAST POINTREPAIRS WHERE DRAINAGE OF SURFACE WATER INTERFERED WITH. No. 316 (Senate Bill No. 78). 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, 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, and it is hereby enacted by authority of the same that: Section 1. In any case in which a natural or artificial drain of surface water is substantially or materially altered, blocked, changed, covered or stopped except by said city, and cost, damage, injury or loss is sustained thereby by any one else, or in any case in which surface waters are materially or substantially diverted from their natural channel or course, or their volume substantially increased, by any private building, construction, erection, grading or paving, or by other private real estate development, improvements, repair, or work, or by the private building, construction or erection of dams, dikes, banks, or other obstructions by any private person, in violation of any law or ordinance, said city may, if it has any legal responsibility for such condition, provide necessary labor and engineering service to correct such condition, but only if the estimated cost of necessary materials to correct such condition, as estimated by the city engineer, or bond with good and sufficient security to be approved by the city engineer and the city attorney, in the amount of such estimated cost of such materials, is deposited with said city engineer, which bond shall bind and obligate the principal or owners of the premises involved and their sureties jointly and severally to pay the cost of such materials as may be necessary to correct such condition on demand by said city, and said city shall not spend city funds, nor use or pay for any other services or labor on any such drainage problem on private property unless such problem is one created by said city alone, and any mayor, councilman, or other person violating this provision shall be

Page 3032

subject to penalties provided by law for misuse of public funds. Section 2. Notice of intention to apply for this local legislation was published three (3) times in the Fulton County Daily Report (a newspaper of general circulation in Fulton County, Georgia) in three (3) separate calendar weeks during a period of sixty (60) days next preceding the introduction of this bill in the Legislature, and a copy of said notice is attached hereto and by reference is hereby made a part hereof as required by the Constitution of this State. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 9, 1963. CITY OF EAST POINTVOTER REGISTRATION AND ELECTIONS. No. 317 (Senate Bill No. 79). 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, 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, and it is hereby enacted by authority of the same that: Section 1. The Act establishing a new charter for the City of East Point, in the County of Fulton, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof, and especially the Act approved March 5, 1957 (Ga. L. 1957, Vol. II, pp. 2429, et seq.), be

Page 3033

and the same are hereby amended by striking section 29 of said Act approved March 5, 1957, and substituting in lieu thereof the following: Every person who shall have attained the age of eighteen years and who is a citizen of the United States, and who shall have resided and had his or her bona fide domicile continuously in the State of Georgia during the twelve months, and in the City of East Point continuously during the six months, next preceding the date of the election at which he or she offers to vote, and who shall have qualified in Fulton County to vote for members of the General Assembly of this State by registering to vote and by remaining registered for such purpose, with the official or officials of Fulton County having charge of the registration of voters in and for said county, shall be qualified to vote at any city election held in and for the City of East Point; provided, that such registration shall not entitle any one to vote who is otherwise disqualified under the laws of this State. Voters. Section 2. Be it further enacted that said Act establishing a new charter for the City of East Point, in the County of Fulton, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof, and especially the Act approved March 5, 1957 (Ga. L. 1957, Vol. II, pp. 2429, et seq.), be and the same are hereby amended by striking section 30 of said Act approved March 5, 1957, and substituting in lieu thereof the following: The city council of East Point shall provide by ordinance for some one or more persons to have charge of and supervise all city elections, and to obtain from Fulton County's registrars necessary lists of all persons residing in East Point who are entitled to vote in city elections in said city and whose names appear on such Fulton County voters list, and to certify that such lists are true, correct and official lists of such registered and qualified voters furnished by said Fulton county registrars. Elections. Section 3. Be it further enacted that said Act establishing a new charter for the City of East Point, in the County

Page 3034

of Fulton, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof, and especially the Act approved March 5, 1957 (Ga. L. 1957, Vol. II, pp. 2429, et seq.), be and the same are hereby amended by striking section 31 of said Act approved March 5, 1957, and substituting in lieu thereof the following: The city council of East Point shall have power and authority to adopt such ordinances as it deems necessary and proper relating to restoration, consistent with this Act and the general laws of this State, to the list of qualified voters of all eligible and qualified electors who are still bona fide residents of and domiciled in said city, but whose names have been omitted either by accident, error, or mistake in making up such list, or whose names shall have been wrongfully purged from such list, and relating to transfer of electors' names from list from one ward to another when such electors shall have removed his domicile from the ward in which he or she resided at the time of their registration, or at the time of their last transfer of registration from one ward to another in said city, and relating to requests of qualified electors of said city to have their names restored or transferred to the proper voter list, and to make such decisions on any of such questions as the law and the facts justify, and to grant or deny such requests within ten days from the date the request is made as the facts and the law of each case require, and such questions may be raised, heard and decided at any time, including the day the election is held in which the elector desires to vote. Voters registration. Section 4. Notice of intention to apply for this local legislation was published three (3) times in the Fulton County Daily Report (a newspaper of general circulation in Fulton County, Georgia), and in the Atlanta Suburban Reporter (a newspaper of general circulation in the City of East Point) in three (3) separate calendar weeks during a period of sixty (60) days next preceding the introduction of this bill in the Legislature, and a copy of said notice is attached hereto and by reference is hereby made a part hereof as required by the Constitution of this State.

Page 3035

Section 5. All laws and parts of laws in conflict herewith are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 9, 1963. CIVIL AND CRIMINAL COURT OF BALDWIN COUNTY CREATED, REFERENDUM. No. 325 (Senate Bill No. 114). An Act to establish and create the Civil and Criminal Court of Baldwin County, Georgia, in lieu of the County Court of Baldwin County; 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 court, 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 Baldwin County from the County Court of Baldwin County; 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 County Court of Baldwin County; to provide for severability; 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. Civil and Criminal Court of Baldwin County, creation The Civil and Criminal Court of Baldwin County is hereby created and established. Said court shall be organized, located and held in the City of Milledgeville, Baldwin County, Georgia, with jurisdiction, both civil and criminal, over the entire County of Baldwin. Said court shall be divided into two divisions, a Civil Division and a Criminal Division.

Page 3036

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 in Civil Cases; Court of Record The Civil and Criminal Court of Baldwin County shall have jurisdiction to try and dispose of all civil 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 Baldwin County or justice courts, either under the common law or by statute, including, among others, attachments and garnishment proceedings, illegalities, counter-affidavits to any proceeding from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, trover and bail, distress warrants and issues thereon, foreclosures of all liens and mortgages on personal and real property, possessory warrants, and other like proceedings and processes wherein the principal sum sued for exclusive of interest, cost and attorney's fees does not exceed $10,000.00 and of which jurisdiction is not vested, exclusively, in the other court by the Constitution of the State of Georgia, and except extraordinary remedies as defined in Chapters 37-14, 37-15, 55-1, 55-2, 55-3, 64-1, 64-2 and 64-3 of the Code of Georgia of 1933. 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 Baldwin County shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the County of Baldwin 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

Page 3037

Baldwin County all offenders who are brought before them for investigation who are charged with the offenses over which said Civil and Criminal Court of Baldwin 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 Baldwin County, who shall be elected by the qualified voters of Baldwin County in the same manner and at the same time and places when other county officers 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. The present judge and solicitor of the County Court of Baldwin County shall hold office as judge and solicitor of the Civil and Criminal Court of Baldwin County until their successors have been elected and qualified as provided by this Act. Section 5. Judge; Qualification; Oath; Salary Any person who shall be elected judge of said Civil and Criminal Court of Baldwin County must, at the time of his election be at least twenty-seven years of age; he must also have been a resident of Baldwin County for one year 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 Baldwin 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. Said oath duly executed shall be forwarded to the Governor and filed in the executive department.

Page 3038

The salary of the judge of the Civil and Criminal Court of Baldwin County shall be $6,000.00 per annum, which shall be paid in equal monthly installments out of the funds of Baldwin County. Said judge shall not be prohibited from practicing law in any of the courts of Baldwin County, Georgia, or any other court except the court herein created. Provided further that said judge shall not represent any defendant in a criminal case transferred from the court herein created. Section 6. Solicitor; Qualifications; Oath; Bond; Salary No person shall be elected solicitor of said Civil and Criminal Court of Baldwin County unless at the time of his election he shall have arrived at the age of twenty-one years and shall have been a resident of Baldwin 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 Baldwin County, so help me God. Said oath, duly executed, shall be forwarded to the Governor and filed in the executive department. Said solicitor shall also give bond 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 Baldwin 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 $50.00 per diem, the same to be paid out of the funds of Baldwin County. The solicitor of the Civil and Criminal Court of Baldwin County shall not be prohibited from practicing law in any of the Courts of Baldwin County, Georgia, or any other court, except said solicitor shall be prohibited from representing

Page 3039

any defendant in a criminal case transferred from the court herein created. The salary of the solicitor of the said Civil and Criminal Court of Baldwin County shall be $4,800.00 per annum, for prosecution of all criminal cases, which shall be paid in equal monthly installments out of the funds of Baldwin County. For all services rendered, except as provided in this Act, said solicitor shall receive for the sole use of Baldwin County as herein provided the same fees as are provided for the solicitor-general of the superior courts. The compensation herein provided for the solicitor of the Civil and Criminal Court of Baldwin County shall be in lieu of all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, moneys, or any other emoluments or perquisites of whatever kind which shall be allowed said Solicitor after the effective date of this Act. The same procedure now in force in the Superior Courts as to collection of fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, moneys or any other emoluments or perquisites shall be in force herein but as herein provided all such sums to which the solicitor herein would be entitled to receive, shall be collected for the use of Baldwin County and said county shall be subrogated to the rights and claims of such solicitor in and to the same. Section 7 . In the event one-half or more of the votes cast in the referendum as provided in section 39 of this Act are for the approval of this Act establishing and creating a Civil and Criminal Court of Baldwin County, not less than 140 days nor more than 150 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 Baldwin County to issue the call for an election for the purpose of electing the judge and solicitor of the Civil and Criminal Court of Baldwin County. The ordinary shall set a date for such election for a day not less than 10 nor more than 20 days after the date of the issuance of the call. The ordinary

Page 3040

shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County. Elections, terms. The election shall be conducted by the ordinary of Baldwin County, in conformity with those provisions as are provided by law which are applicable to such special elections. At said special election the judge and solicitor of the Civil and Criminal Court of Baldwin County shall be elected to serve from September 15, 1963, until January 1, 1965 and until their successors are elected and qualified. Their successors shall be elected by the qualified electors of Baldwin County at the general election held in 1964 and every four years thereafter. 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. Section 8. Clerk; Powers; Duties; Salary The clerk of the Superior Court of Baldwin County shall be ex-officio clerk of the Civil and Criminal Court of Baldwin County. The duties of said clerk of the Civil and Criminal Court of Baldwin 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 Baldwin County shall be the same as are now or may hereafter be allowed the clerk of the Superior Court of Baldwin County to be received as herein provided. The clerk of the Superior Court of Baldwin County as ex-officio clerk of the Civil and Criminal Court of Baldwin 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 Baldwin 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 Baldwin County in addition to his duties as clerk of the Superior Court of Baldwin County. Section 9. Sheriff The sheriff of Baldwin County, Georgia, by virtue of his office, shall be the sheriff of the Civil and Criminal Court of Baldwin County.

Page 3041

For acting as sheriff of the Civil and Criminal Court of Baldwin County, the sheriff shall receive the same fees as are now or may hereafter be allowed to the sheriff of Baldwin County Superior Court to be received as herein provided. All fees collected by the sheriff as sheriff of the Civil and Criminal Court of Baldwin County shall be transmitted to the fiscal authority of Baldwin County. The sheriff of Baldwin County by acting as the sheriff of the Civil and Criminal Court of Baldwin 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 Baldwin County shall be conditioned for the faithful performance of his duties as sheriff of the Civil and Criminal Court of Baldwin County in addition to his other duties as sheriff of Baldwin County. Section 10. Probation Officer The probation officer for the Ocmulgee Judicial Circuit shall act as the probation officer for the Civil and Criminal Court of Baldwin County. Section 11. Judge; Authority over Officers The judge of the Civil and Criminal Court of Baldwin County may require the services 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 12. Powers of Judge and other Officers The judge of the Civil and Criminal Court of Baldwin 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, 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 Baldwin 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

Page 3042

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 ease, 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 Baldwin 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 Baldwin County shall have the power and authority to hear and abate all nuisances in the County of Baldwin, 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 13. Claim Cases The Civil and Criminal Court of Baldwin 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. Section 14. 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 Baldwin 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 Baldwin County under the same laws

Page 3043

that govern the issuing of attachments in the superior courts, and all attachments returnable to the Civil and Criminal Court of Baldwin County shall be directed to all and single the sheriff and constables of this state, and may be served by the sheriff and constables of this state, and may be served by the sheriff of the Civil and Criminal Court of Baldwin County or his deputy, or any sheriff or contable or other officer, authorized by law to levy attachments, returnable to other courts. Section 15. Garnishments The garnishment proceedings in said Civil and Criminal Court of Baldwin 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 16. Contempt The judge of the Civil and Criminal Court of Baldwin 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 17. 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 Baldwin 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. Section 18. Terms of Court; Consent for Trial; Default Judgments The Civil and Criminal Court of Baldwin County shall have monthly terms beginning with the first Monday in each month to be held at the place provided for holding the same in Baldwin County, and such term shall remain open for the transaction of business until the next succeeding term of such court. Each term of said court shall have a jury and a nonjury calendar. When there are not

Page 3044

sufficient contested jury cases, the judge of said court, in his own discretion, may omit the drawing of a jury for any term of said court, however, this will not prohibit said judge from having a nonjury calendar during any term of court at which said judge omits having jury cases. 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 Baldwin County may enter a default judgment in any case in the same manner as the law provides for entering default judgments in the Superior Courts. Section 19. Practice and Procedure same as in Superior Court Suits in said Civil and Criminal Court of Baldwin 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 20. Practice and Procedure; Judge may Promulgate Rules; Order of Trial of Criminal Cases; Continuance In said Civil and Criminal Court of Baldwin 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 Baldwin 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

Page 3045

Court of Baldwin 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 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, oral or written depositions, 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 Baldwin County shall be of force in said court, except as otherwise provided in this Act. Section 22. 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 Baldwin 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 23. Trial by Accusation Defendants in criminal cases may be tried on written accusations in said Civil and Criminal Court of Baldwin County, founded on affidavits setting forth plainly the offenses charged, which accusation shall be signed by the prosecutor or the prosecuting officer

Page 3046

of said court, provided the accused has either had or waived a commitment trial before some lawful committing officer and has waived indictment unless offense charged does not require an indictment. Section 24. Judge; Power to Hear and Determine Criminal Cases The judge of the Civil and Criminal Court of Baldwin 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 25. 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 Baldwin County for trial, the order so transferring the same to be entered upon the minutes of both courts. Section 26. Transfer of misdemeanors and other Criminal Matters from the Civil and Criminal Court of Baldwin County The judge of the Civil and Criminal Court of Baldwin County shall transfer any and all matters criminal in nature committed to said court or originating in said court to which the Civil and Criminal Court of Baldwin County does not have jurisdiction to the Superior Court of Baldwin County. The judge of the Civil and Criminal Court of Baldwin County shall likewise transfer any and all criminal matters involving misdemeanors to which the defendant or the accused refuses to waive an indictment to the Superior Court of Baldwin County. Section 27. Jurors; Procurement; Compensation Traverse jurors in said Civil and Criminal Court of Baldwin 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 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

Page 3047

to serve for each week of the term of court for which they are drawn. All laws in reference to drawing, summoning, impaneling traverse jurors in the superior courts shall apply to the Civil and Criminal Court of Baldwin County, and the judge of said court shall have the power to summon tales jurors for the Civil and Criminal Court of Baldwin County as the judges of the superior courts have for the superior courts. Jurors in said Civil and Criminal Court of Baldwin 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 hereafter, paid in the superior courts. The number of jurors that may be drawn to serve in said Civil and Criminal Court of Baldwin County shall be in the discretion of the judge thereof. Section 28. 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 Baldwin 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 Baldwin County unless inconsistent with this Act. Section 29. New Trials The judge of the Civil and Criminal Court of Baldwin 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

Page 3048

govern the same in said Civil and Criminal Court of Baldwin County. Section 30. Writs of Error to Appellate Courts A writ of error direct from said Civil and Criminal Court of Baldwin 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 31. Judge Pro Hac Vice Whenever, from any cause, the judge of the said Civil and Criminal Court of Baldwin 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 Baldwin County as provided by the Constitution and laws 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 Baldwin County shall be entitled to a compensation of $75.00 per diem, the same to be paid out of the funds of Baldwin County. Section 32. Fees; 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 Baldwin County, shall be received and collected by all of said officials, and each of them, for the sole use of Baldwin 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 collected, 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 County Court of Baldwin

Page 3049

County shall be paid into the general fund of Baldwin County when they are collected and the same shall be shown to have been collected by the officials of the Civil and Criminal Court of Baldwin 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 are now or may hereafter be provided by the laws of the State of Georgia. The solicitor, sheriff and clerk of the Civil and Criminal Court of Baldwin County shall diligently and faithfully undertake to collect all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, moneys and all other emoluments and perquisites accruing to their offices as solicitor, sheriff and clerk of the Civil and Criminal Court of Baldwin County and shall receive and hold the same in trust for said County as public moneys and public funds. On or before the 10th day of each month the solicitor, sheriff and clerk shall prepare in duplicate a detailed, itemized statement showing the amounts, date and sources collected by them during the previous calendar month. One copy of this statement shall be furnished to the fiscal authority of Baldwin County together with the full payment of all the fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, moneys and all other emoluments and perquisites accruing to their offices and to the court shown thereon; the other copy shall be retained on file as part of the public records of said sheriff. Said solicitor, sheriff and clerk shall be diligent in making the monthly accounting as herein provided. At the time of submitting the statement herein required, the Solicitor, sheriff and clerk shall draw their warrant upon the funds of Baldwin County for such sum or sums as such statement shows each is entitled to lawfully receive. The fiscal authorities of Baldwin County shall make the funds available for the payment of said warrant without unnecessary delay. Section 33. Transfer of Pending Cases All pending cases, suits, papers, writs of fieri facias or scire facias and all other matters issued from or relating to the County

Page 3050

Court of Baldwin County both of a civil and criminal nature are hereby transferred to the Civil and Criminal Court of Baldwin County and shall be tried and disposed of as other cases in said Civil and Criminal Court of Baldwin County. All suits, cases, papers, processes, writs of fieri facias, writs of scire facias, books, records, dockets and all other matters of whatever kind or nature both of a civil and criminal nature and all property belonging to said court shall be delivered to the clerk of the Superior Court of Baldwin County, Georgia as the ex officio clerk of the Civil and Criminal Court of Baldwin County and when so delivered shall become the property of the Civil and Criminal Court of Baldwin County. All final, mesnes and other processes heretofore issued returnable to the County Court of Baldwin County shall be returnable to the Civil and Criminal Court of Baldwin County. The judge and other officers of the Civil and Criminal Court of Baldwin County shall have power and authority to enforce any and all processes necessary to the disposition of any case from the County Court of Baldwin County which for any cause has not been disposed of by the officers of the County Court of Baldwin County. All writs of fieri facias, writs of scire facias, and processes not satisfied issued from the County Court of Baldwin County may be enforced and levied by the officer or officers of the Civil and Criminal Court of Baldwin County and in the same manner as similar papers are disposed of in the Civil and Criminal Court of Baldwin County. Section 34. Books; Papers; Supplies; Etc .The commissioners of roads and revenues of Baldwin County shall provide to the Civil and Criminal Court of Baldwin County all the necessary books, papers, minutes, dockets, equipment, supplies, and stationery necessary to run said court. Section 35. Court Reporter; Appointment; Compensation The judge of the Civil and Criminal Court of Baldwin County shall have the power to appoint an official court reporter for said court to report all cases and other matters 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

Page 3051

shall be an officer of said court and shall be subject to all powers, jurisdiction, rules and regulations of said court. Section 36 . The County Court of Baldwin County created pursuant to an Act creating a County Court in each county of the State of Georgia, except certain counties therein mentioned and named, approved January 19, 1872 (Ga. L. 1871-72, p. 288), as amended, shall stand abolished effective July 1, 1963, and the term of the present judge and solicitor of said court shall end on said day. County Court abolished. Section 37 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 38 . The provisions of this Act shall become effective on September 15, 1963. Effective date. Section 39 . Not less than 10 nor more than 20 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Baldwin County to issue the call for an election for the purpose of submitting this Act to the voters of Baldwin County for approval or rejection. The ordinary shall set the date of such election for 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 Baldwin County. The ballot shall have written or printed thereon the words: For approval of the Act establishing and creating a Civil

Page 3052

and Criminal Court of Baldwin County, Georgia, in lieu of the County Court of Baldwin County. Referendum. Against approval of the Act establishing and creating a Civil and Criminal Court of Baldwin County, Georgia, in lieu of the County Court of Baldwin County. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shal vote against approva. If one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Baldwin County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shal 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 40 . All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 9, 1963. COBB COUNTYMARIETTA WATER AUTHORITYBONDS. No. 327 (Senate Bill No. 126). An Act to amend an Act entitled an Act to create the Cobb County-Marietta Water Authority and to authorize such authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns and municipal

Page 3053

corporations: to confer powers and impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to the water utilities and facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds or certificates of the authority payable from the revenues, tolls, fees, charges and earnings of the authority and to pay the cost of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or certificates and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Cobb County or the City of Marietta shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or certificates of the authority exempt from taxation; to provide for the authority to condemn property of every kind; to authorize the issuance of refunding bonds or certificates; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or certificates be validated; to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with provisions of this Act; and for other purposes, by inserting in section 5 of said Act the figure ten million dollars ($10,000,000) in lieu of seven million five hundred thousand dollars ($7,500,000) so as to increase the outstanding sums of negotiable revenue bonds that may be issued by said 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 that section 5 of an Act entitled Cobb County-Marietta Water Authority, Georgia Laws 1951, Vol. 1, page 497, is hereby amended by striking the words and figures seven million five hundred thousand dollars ($7,500,000) from line 8 of said section and inserting in lieu thereof the words

Page 3054

and figures ten million dollars ($10,000,000) so that when so amended said Section shall read as follows: Section 5. Revenue Bonds .The authority, or any authority of body which has or which may in the future succeed to the powers, duties and liabilities vested in the authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, in a sum not to exceed ten million dollars ($10,000,000) outstanding at any one time of the authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding five per centum (5%) per annum, payable semiannually, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be made redeemable before maturity, at the option of authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. All laws and parts of laws in conflict herewith are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved April 9, 1963.

Page 3055

CITY OF ATLANTA ELECTION STUDY COMMISSIONTIME OF MAKING REPORT EXTENDED. No. 55 (Senate Resolution No. 34). A Resolution. Providing for extension of time within which the Election Study Commission created by Resolution No. 261 of the 1962 session of the General Assembly shall make a report of its findings and recommendations. Whereas, by Resolution approved March 6, 1962 (Ga. L. 1962, pp. 3007 et seq.) there was created an Election Study Commission and that Commission was directed to make a report of its findings and recommendations to the 1963 session of the General Assembly of Georgia; and Whereas, said Commission has requested that the time within which it is required to make a report of its findings and recommendations to the General Assembly be extended; Now, therefore, be it resolved by the General Assembly that the Commission created by said Resolution be granted additional time within which to complete its investigation and study of the laws, rules, regulations and procedures relating to the holding of primary, general and special elections in the City of Atlanta, and said Commission shall be required to make a report of its findings and recommendations to the 1964 Session of the General Assembly of Georgia. Approved April 9, 1963.

Page 3056

FULTON COUNTYELECTION STUDY COMMISSION. No. 56 (Senate Resolution No. 91). A Resolution. Providing for a commission to study primary, general and special elections held in Fulton County, Georgia, for the nomination and election of public officials. Whereas, it is desirable to make a full and complete investigation of all the laws, rules, regulations and procedures in connection with the holding of primary, general and special elections in Fulton County, Georgia, to determine whether or not additional legislation is needed to promote efficiency and effectiveness and to minimize, as far as possible, the cost of holding such election; 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 disparties, 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 Fulton County 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 of the voters of Fulton County, the candidates for public office and public officials generally. This commission shall consist of the following persons: Mrs. Frank Love Mr. William Robert Mellen Mr. Harold McKenzie, Jr. Mr. Harold H. Clokey, Jr. Mr. Lee Burge Mrs. P. Q. Yancey

Page 3057

Mr. Billy Stephenson Mr. Warren Cochran Dr. C. Clayton Powell Mr. Tom Watson Brown Mr. Harry Adley Mr. Samuel S. Chisholm Mr. Harry V. Lamon, Jr. Mr. Jake Cawthon Dr. Ronald Goldstein The commission shall be known as the Fulton County 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, 1963, and shall make a report of its findings and recommendations to the 1964 session of the General Assembly of Georgia. The aforesaid commission hereby created is authorized to hold hearings, examine relevant records, to employ administrative, clerical, fiscal and such other assistance as in its judgment may be wise, and is further granted such other powers as are necessary for the performance of its function under this resolution. The expenses of its operation shall be borne by Fulton County but shall not exceed one thousand dollars ($1000.00) except by unanimous agreement of the board of county commissioners with approval of the county manager and comptroller. All expenses shall be properly accounted for by voucher or receipt and no expenses are authorized for travel within or without Fulton County. 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 April 9, 1963.

Page 3058

COMPENSATION TO RALPH R. CALLENBACK, JR. No. 69 (House Resolution No. 192-579). A Resolution. To compensate Ralph R. Callenback, Jr.; and for other purposes. Whereas, at approximately 3:30 p.m. on September 27, 1960, Ralph R. Callenback, Jr., a minor, age twelve (12) years, was returning home from the Rabun County School in Clayton, Georgia; and Whereas, after alighting from a school bus, on the left side of U. S. Highway No. 76, at a point approximately 500 feet from his home, said minor child was walking toward his home on the left side of the road, and was crossing to the right side of said road, and Whereas, at said time, place, and point, Ralph R. Callenback, Jr. was struck by a State Highway truck driven by a Mr. Patton, who was in the employ of the State Highway Department and was then and there operating said State Highway truck without a driver's license; and said driver had never had a chauffeur's license to operate the type vehicle he was then and there driving; and Whereas, at the aforesaid point the visibility of the driver of said truck was clear for a distance of 500 feet or more and Whereas, said driver was traveling at a high rate of speed and failed to reduce the speed of his vehicle to a safe speed upon approaching the child and Whereas, the aforesaid driver and truck ran into and struck the aforesaid child, knocking him down and running over him causing severe injuries and Whereas, as a result of the aforesaid collision, Ralph R. Callenback, Jr. has suffered and will continue to suffer

Page 3059

the following great and grievous pains and injuries, towit: (1) Two broken bones in each leg. (2) A broken arm. (3) Severe cuts and contusions. (4) A severe head injury which has been diagnosed as permanent; and Whereas, as a result of the aforesaid injuries said child has incurred the following medical expenses to date totaling: (a) Georgia Baptist Hospital $ 921.30 (b) Rabun County Memorial Hospital 1,337.90 (c) Dr. Darius Flinchum 400.00 (d) Dr. Robert A. Sears 100.00 (e) Dr. Frank F. Espey 100.00 (f) Dr. C. Peter Lampros 205.00 (g) Toccoa Clinic Hospital 130.00 (h) Private nursing 155.00 Total $3,349.20 and Whereas, said child will incur many more medical expenses; and Whereas, since the date of the aforesaid injury said child has been in an unconscious condition for the most part; and Whereas, said child will suffer a permanent disability and additional medical expenses throughout his life; and Whereas, a reasonable anticipation of medical expenses and disability would be eighteen thousand three hundred forty-nine and 20/100 ($18,349.20) dollars; and Whereas, medical advisors have concluded that there is a possibility that he will never walk again and will have brain deterioration for the remainder of his life; and

Page 3060

Whereas, Ralph R. Callenback, Jr. has sustained brain damage to such a degree that he is now confined to Milledgeville State Hospital; and Whereas, the cause of this unfortunate collision was due to no fault or negligence on the part of Ralph R. Callenback, Jr. 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 parents or legal guardian of Ralph R. Callenback, Jr., in his behalf, the sum of four thousand ($4,000.00) dollars as compensation for his present and future injuries, disability and medical expense. Said amount shall be in full and complete satisfaction of all claims arising out of said accident. Said sum shall be paid from the funds appropriated to and available to the State Highway Department. Approved April 9, 1963. LAW BOOKS TO PIERCE COUNTY. No. 70 (House Resolution No. 205-608). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the ordinary of Pierce County; and for other purposes. Whereas, certain volumes of the Georgia Supreme Courts Reports and the Georgia Court of Appeals Reports are missing from the office of the ordinary of Pierce 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.

Page 3061

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 Pierce County copies of the following volumes of the Georgia Reports, to wit: 62, 63, 65, 66, 68, 69, 70, 71, 75, 80, 81, 83, 84, 89, 97, 106, 111, 126, 136, 151, 158, 173, 174, 187, 208, 213, 214, 215, 216, and 217; and copies of the following volumes of the Georgia Appeals Reports, to wit: 1, 9, 25, 26, 27, 29, 30, 31, 33, 35, 44, 46, 69, 87, 88, 89, 90, 91, 92, 93, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, and 116. 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 funds in the State Treasury provided said funds are available for this purpose. Approved April 9, 1963. ACT PROVIDING FOR PENSIONS FOR EMPLOYEES OF CITIES HAVING A POPULATION OF MORE THAN 150,000 AMENDED. No. 333 (House Bill No. 31). 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 for definitions; to provide that if any such city

Page 3062

shall cease to have a treasurer or does not have a treasurer, the mayor of such city shall appoint annually one member of the aldermanic board of such city as a member of the board of trustees; 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 set forth in the caption to this Act be and the same is hereby further amended by striking therefrom section 3 of an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2770) and enacting in lieu thereof the following: Section 1. Mayor shall be deemed to include the chief executive officer of any city coming within the provisions of this Act. City Comptroller shall include any officer by whatever title designated who performs the duties in whole or in part of a city comptroller. Aldermanic Board shall include the legislative body of any such city. Board of Education shall include any board of body performing the duties usually assigned to a board of education. Definitions. Section 2. There is hereby established a Board of Trustees, whose duty it shall be to see that the provisions of this Act are carried out and that funds are kept separate. Said Board of Trustees shall be composed of the mayor, the city comptroller, one member of the aldermanic board to be appointed by the mayor annually and a member of the board of education to be elected annually by the board of education together with one other member to be elected every four years by the members of the school department participating in said pension plan. The present member of said Board of Trustees so elected shall serve until February 1, 1966 and thereafter such member shall be elected for a term of four years in January of the year when the term of such member expires. There shall also be one member of said Board of Trustees elected from non-school employees by the mayor and board of aldermen each four years. The term of the present member so elected shall expire February 1, 1965 and his successor shall be elected in January, 1965 and each four years thereafter for a term of four years. In all cities

Page 3063

subsequently coming under this Act, the first elections shall be held at the first regular meeting of the governing authorities of said city after the population shall be determined. The mayor shall be the chairman of the Board of Trustees and the comptroller shall be the secretary thereof and all members of the Board shall serve without pay except the secretary who shall be paid $50 per month from the pension fund. When any pension has been granted by said board, a check shall be drawn on the fund provided for the payment of the pension each month during the life of the pensioner, signed by the mayor and countersigned by the secretary. The Board of Trustees shall be authorized to pay out of the pension fund all necessary expenses in the operation of said board. Said board is authorized to make all necessary rules for the carrying out of the provisions of this Act, to reconcile conflicts therein, if any shall exist, and to provide for the equitable disposition of any matter not specifically covered by this Act, provided that all such rules must be consistent with the terms and spirit of this Act. Board of Trustees. Section 3. That section 2 of an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2770) which is as follows: In the event that any such city shall cease to have a treasurer or does not have one, the chairman of the finance committee or the chairman of a similar committee, shall be a member of said board of trustees., Repealed. be and the same is hereby repealed. Section 4. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that section 8 of an Act approved March 8, 1945 (Ga. L. 1945, p. 999) be and the same is hereby repealed and the following is enacted in lieu thereof: A member may designate someone, whether related to him or not, who would be entitled to a refund of the amount he has paid into the pension fund if such member should die before retirement, and in the event he does not name a person to whom a refund is to be made, such refund shall be made to his estate. Beneficiary.

Page 3064

Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 9, 1963. TAX COMMISSIONERS IN COUNTIES HAVING POPULATION OF NOT LESS THAN 47,500 AND NOT MORE THAN 49,500. No. 335 (House Bill No. 47). An Act to provide that the tax commissioner of certain counties shall have the power and authority to levy and collect tax fi-fas which are issued by the tax commissioners; to provide for the appointment of deputies and their duties and responsibilities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of not less than 47,500 and not more than 49,500, according to the U. S. Census of 1960 or any such future census, the tax commissioner of said counties shall be possessed with the additional powers, duties, and responsibilities as are set forth in this Act. Section 2. The tax commissioner shall have full power and authority to levy and collect all tax fi.fas. issued by the tax commissioner as fully and effectively as if done by the sheriff of said county. The tax commissioner shall have the power to bring all property subject to said fi.fas. to sale and to sell the same in accordance with the procedures relating to sheriffs' sales as is now or may hereafter be provided by law. For the purposes of collecting tax fi.fas., the tax commissioner is hereby vested with all such powers and authority as is by law granted to sheriffs only insofar as levies, sales and conveyances of property are concerned. The tax commissioners' powers and authority shall be limited to tax fi.fas. only which are issued by the tax commissioners. Powers.

Page 3065

Section 3. The tax commissioners, in carrying out the provisions of this Act, shall have the power and authority to appoint one or more deputies which shall have all the powers of said tax commissioners only insofar as the levy and collection of taxes is concerned. The advertisements, actual sales and conveyances and bills of sale, however, are to be made only by the said tax commissioners. Said deputies shall be required to give such bond as may be required by the tax commissioners. Such deputy or deputies shall have no power or authority except with respect to the levy of said tax fi.fas. and the collection of taxes, and shall hold the office of deputy at the pleasure of the tax commissioner. The tax commissioner shall be responsible for the acts of the deputy or deputies as sheriffs are now liable for the acts of their deputies. Deputies. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1963. CITY OF CUTHBERTNEW CHARTER. No. 341 (House Bill No. 101). An Act to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia, pertaining to the City of Cuthbert in the County of Randolph; to provide for the government of said city; to provide for the officials thereof, and their selection, oath, bond, compensation and powers and duties; to provide for the 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.

Page 3066

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 Cuthbert, located in the County of Randolph, State of Georgia, are hereby incorporated and made a City under the name and style of the City of Cuthbert, 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 the State of Georgia or cities thereof. All rights, powers, titles, property, easements and hereditaments now belonging to the City, and to the Mayor and Council, shall be and are vested in the City of Cuthbert 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 Mayor and Council such ordinances, rules, regulations and resolutions for the transaction of its business and for the welfare and proper government of said City as the Mayor and Council shall deem best, and which shall be consistent with the laws of the State of Georgia and of the United States. The City is impowered 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 Cuthbert as heretofore incorporated. Section 2. Corporate Limits . The corporate limits of the City of Cuthbert shall be as follows: Beginning at a point in the center of the public square, said point being the center of the base of a Confederate Monument located in the center of said square and formerly being the center of the Old Randolph County Courthouse, and from this point run North, West and South a distance of one mile, and East a distance of one half mile, thereby forming a rectangle with its North and South sides 7,920 feet and its East and West

Page 3067

sides 10,560 feet, containing three square miles of area which is 1920 acres. Article II. Mayor and Council . Section 3. Government vested in a Mayor and six Aldermen . The government of the City shall vest in a Mayor and six Aldermen and they shall be collectively known as Mayor and Council of the City of Cuthbert, Georgia and they shall exercise all the powers herein conferred upon the corporation and not otherwise specifically delegated, and are hereinafter referred to as Mayor and Council. Section 4. Office vacated for failure to perform duties . Should the Mayor or any Alderman 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 Mayor and Council, be declared vacant and the vacancy filled as provided in the following Section. Section 5. Filling vacancies on Mayor and Council . In the event the office of Mayor or any one of the Aldermen becomes vacant by death, resignation, removal or otherwise, the Mayor, or in case his seat is vacant, the majority of the Aldermen, shall within ten days after such vacancy occurs, order an election for the purpose of filling such vacancy or vacancies, by giving thirty days notice of such election, publishing, at expense of said City, notice of such election once a week for two consecutive weeks in a newspaper having a general circulation in Cuthbert, Georgia, and in the event, the Mayor and all Aldermen resign, such election may be ordered and such notice published, by any five of the qualified voters of the City; and said election shall be held, returns made and results declared in the same manner as in the regular elections for Mayor and Aldermen, except that in case such election is ordered by five qualified voters, as aforesaid, the managers of such election shall certify the result of such election to said five qualified voters. Provided, however, in the event such vacancy or vacancies occur or occurs within ninety days preceding any regular election in the City, for Mayor and Aldermen, said vacancy or vacancies may be filled by said Mayor and Council, except that this provision shall not apply in the event the Mayor and

Page 3068

all the Aldermen resign as in that event, said five qualified voters, as aforesaid, shall immediately after same occurs, order such election and give said notice as prescribed and after the result of said election is determined, the Mayor and Aldermen elected shall immediately resume their duties. Section 6. Present Mayor and Council . The present Mayor and Aldermen shall continue in the offices to which they are elected until their successors are elected and qualified; and said Mayor and Council shall have and exercise all the rights, powers, duties and authority conferred upon the Mayor and Council of the City of Cuthbert, Georgia, under and by virtue of this Charter, which shall become effective upon the passage and approval thereof, and in the future, thereafter, the Mayor and Aldermen shall continue in the office to which they are elected, until their successors are elected and qualified, with said rights, powers, duties and authority. Section 7. Mayor, eligibility and term of office . Any person shall be eligible to hold the office of Mayor of said City who is twenty-five years of age, who has resided in the City of Cuthbert for a period of five years immediately preceding the date of his election, who is a qualified voter of said City, and who has not been convicted of a crime involving moral turpitude. The Mayor of the City of Cuthbert shall be elected as herein prescribed and shall hold office for a term of two years and until his successor is duly elected and qualified. Section 8. Aldermen, their eligibility and term of office . Any person shall be eligible to hold the office of Alderman of said City who is twenty one years of age, who has resided in the City of Cuthbert for a period of three years immediately preceding the date of his election, who is a qualified voter of said City, and who has not been convicted of a crime involving moral turpitude. All Aldermen of the City of Cuthbert shall be elected as herein prescribed and shall hold office for a term of two years and until their successor is elected and qualified.

Page 3069

Section 9. The first election under this Charter . The first election under this Charter shall be held on the first Wednesday in October, 1964, at which time there shall be elected by the qualified voters of said City, a Mayor and six Alderman, the three Alderman Candidates receiving the greatest number of votes to hold office for the term of two years and three Aldermen Candidates receiving the next highest number of votes to hold office for one year, all until their successor is elected and qualified, their term of office to commence on the first Tuesday in January, 1965. The Mayor elected in said first election shall hold office for the term of two years and until his successor is elected and qualified, his term of office to commence on the first Tuesday in January, 1965. Section 10. Annual Elections for Mayor and Alderman . Annually, after said first election under this Charter, a City election shall be held on the first Wednesday in October of each year at which election three Aldermen shall be elected by the qualified voters of said City who shall serve a term of two years commencing on the first Tuesday in January following their election. Biennially thereafter, on the same day in the same month in the same election, a Mayor shall be elected for a term of two years commencing on the first Tuesday in January following his election. In the event of the election of a Mayor or Alderman to fill a vacancy, such Mayor or Alderman so elected to fill such vacancy shall be qualified immediately upon the declaration of the result of such election, and he shall hold office for the unexpired term of the officer whose term he was elected to fill and serve. On, or before, the first Monday in September, 1964, the Clerk of the City of Cuthbert shall deliver to a newspaper published in said City a notice to the effect that a City election will be held on the first Wednesday in October, 1964 for the purpose of electing a Mayor and six Aldermen for the City of Cuthbert and in said notice stated that the

Page 3070

Mayor elected in said election shall serve for a term of two years beginning on the first Tuesday in January, 1965, and that the three Aldermen candidates receiving the highest number of votes in said election shall serve as Aldermen for two years and three Aldermen candidates receiving the next highest number of votes in said election shall serve for one year, all until their successors are duly elected and qualified, and said notice shall, at the expense of the City, be published once a week for four weeks prior to said election. Thereafter, annually, on the first Monday in September, said Clerk of said City shall likewise deliver to a newspaper published in said City a notice to the effect that a City election will be held on the first Wednesday in October following, to elect such officers as will be elected in such election, naming them and giving their term of office, if elected, and said notice shall, at the expense of said City, be published once a week for four weeks prior to said election. The foregoing notices shall not effect or nullify the notice provided for elections to fill vacancies which shall be published once a week for two consecutive weeks in said newspaper, to be paid for by the City, nor does the provision herein for said notices nullify or effect the thirty days notice herein provided for elections to fill vacancies. Any person qualified and desiring to offer himself as a candidate for Mayor or Alderman of the City of Cuthbert shall qualify with the Clerk of the City on or before noon on the fifteenth day of September in 1964 if said day does not fall on Sunday and then by noon the following day, by stating in writing whether he is running for Mayor or Alderman in said election, no qualifying fee to be paid. Thereafter, by noon on the fifteenth day of September each year, if said date does not fall on Sunday, and in that event by noon on the following day, any person qualified and desiring to offer himself as a candidate for Alderman in the City election to be held on the First Wednesday in October, or for Mayor in those years in which an election for Mayor is held, shall qualify with the Clerk of said City by stating in writing his intention to run for Mayor or Alderman

Page 3071

in said election to be held on the First Wednesday in October, no qualifying fee to be paid. Thereafter, and prior to the First Wednesday in October, 1964, and annually thereafter, before the First Wednesday in October, the Clerk of said City shall have prepared an official ballot to be used in said elections, each ballot having printed thereon, the name of the candidate or candidates who have duly qualified, as aforesaid, with said City Clerk, designating on said ballots, the office such qualified candidates seek, also designating on said ballot, words to the effect that same is an Official Ballot of the City of Cuthbert for such election as is being held, inserting thereon also the date of such election, also, each ballot shall have printed thereon, instructions, as to how to vote for or against such candidates. Section 11. City Democratic Primary Elections Discontinued . After the passage and approval of this Charter, there shall be no further need or necessity for City Democratic Primary Elections and the same are hereby discontinued and abolished, and shall no longer be used or recognized as the means of determining the qualified candidate whose name shall appear on the official ballots used in the election of a Mayor and Aldermen, to serve as such, for the City of Cuthbert. Section 12. Procedure in case of a tie vote . In the event there is a tie vote between candidates receiving the highest number of votes for the office of Mayor or in the event there is a tie vote between candidates receiving the highest number of votes for Aldermen, a new election shall be ordered by the Ordinary of Randolph County, in not less than ten days nor more than twenty days from the election, which election shall be only between such, and no other candidates, and elections shall be called as often as may be necessary by said Ordinary until a candidate or candidates shall be elected, the expenses incurred by the Ordinary in holding said elections to be paid by said City. Section 13. Oath of Mayor and Aldermen . On or before the first Tuesday in January of each year, the Mayor and

Page 3072

Aldermen shall be notified of their election by the Clerk of said City, and they shall severally take, before some officer authorized by law 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 Alderman, as the case may be) of the City of Cuthbert, during my term of office, and that I will faithfully enforce the laws and ordinances of said City to the best of my ability without fear or favor, and in all my actions as Mayor (Alderman) act, as I believe, for the best interest of the City of Cuthbert. So Help Me God. Should the Mayor or any Alderman be absent at the first meeting in January, he or they, may take said oath of office as soon thereafter as possible. Section 14. Organization of Mayor and Council . Mayor pro tem. On the first Tuesday in January after their election, the Mayor and Aldermen shall meet at the Council Chambers, City Hall, Cuthbert, Georgia, and, after taking the oath of office prescribed above, shall forthwith elect an Alderman from their number, Mayor pro tem, for the term of one year, who shall, in the absence or disqualification of the Mayor, or during a vacancy in the office of Mayor, be vested with all the Authority of the Mayor and as such shall execute all the duties of Mayor. Section 15. Salaries of Mayor and Aldermen . The Mayor and Aldermen shall receive such salary or compensation as the Mayor and Council shall prescribe and as prescribed, and the Mayor, in addition to such salary or compensation, shall receive, at the end of each two year term, a gift from the City costing not more than three hundred dollars to be paid for by said City, said gift to be selected by said Mayor. Section 16. Appointive Officers and Employees . At said first meeting of said Mayor and Council on the first Tuesday in January following their election, they shall also elect a City Clerk and City Treasurer, which offices may be consolidated, one person being made eligible to fill both offices, a City Attorney, a Chief of Police and as many policemen as the Mayor and Council deem necessary, a Superintendent of

Page 3073

Streets and Water, a Chief Engineer, which offices may be consolidated, one person being eligible to fill both offices, a Chief of Fire Department, a City Physician, a City Sanitarian, and as many firemen as the Mayor and Council deem necessary, and all such other officers and employees as the Mayor and Council shall deem necessary in the government of the City. Each of such officers and employees shall take such oath and give such bond as deemed adequate and appropriate by the Mayor and Council, all bonds to be made payable to the City of Cuthbert. The Mayor and Council shall have the power and authority to fix the term of office and employment of all officers and employees, prescribe their duties, name their compensation and shall have the power and authority to discharge such officer or employee from service, at any time, without cause or notice, their employment and termination thereof, all within the sole discretion of said Mayor and Council. 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, subject to the condition that said Mayor and Council shall, on or after the effective date of this Charter, be vested with the right and authority to discharge such officer or employee from service, at any time, without cause or notice, their employment and termination thereof, all within the sole discretion of said Mayor and Council. Section 17. Quorum of Mayor and Council. Aye-Nay Vote . The Mayor, or Mayor pro tem and four Aldermen, shall constitute a legal quorum for the transaction of business, and a majority of votes shall determine questions before them; provided, that the Mayor or the Mayor pro tem, if he is presiding in place of the Mayor, shall vote only in case of a tie vote; and provided, further, that all votes making an appropriation or authorizing the expenditure of City funds or fixing the salaries of officers and employees, shall be by yeas and nays, duly recorded on the minutes.

Page 3074

Section 18. Veto power of Mayor . The Mayor, or the Mayor pro tem, when performing the duties of the Mayor, shall have veto power, and may veto any resolution or ordinance passed by the Council, in which event, the same shall not become a law or have the effect of law unless subsequently, and at the next regular meeting thereafter, it shall be passed over his veto by a two-thirds vote of the entire Council duly recorded on the minutes; but unless he shall file in writing with the Clerk of said City his veto of any measure passed by the Council, with his reasons for withholding his assent, within three days after its passage, the same shall become a law just as if signed and approved by said Mayor, but he may approve the same in writing and the measure shall go into effect immediately. Section 19. Meetings of the Mayor and Council . The regular meeting of the Mayor and Council shall be held at the City Hall, Cuthbert, Georgia, on the first Tuesday in each month, at 7:30 P.M., during the months of January, February, March, October, November and December and at 8:00 o'clock P.M., during the months of April, May, June, July, August and September, at which meeting said Mayor and Council may transact any and all business they deem necessary for the proper administration of the City government and City affairs or to protect the welfare of said City and the citizens thereof. If for any reason, such regular meeting of said Mayor and Council is not held, then, and in that event, said regular meeting shall be held at any time thereafter, as is fixed by the Mayor, within ten days after said first Tuesday of said month, the City Clerk to notify all Aldermen as to the date and time of such meeting. Adjourned meetings of the Mayor and Council may be held at the City Hall of said City and shall be considered as of the meeting adjourned, provided the minutes of the meeting adjourned show that such meeting was so adjourned to such future time and date, giving such future time and date, at which meeting any business that could be lawfully transacted at a regular meeting of the Mayor and Council of said City, may be transacted.

Page 3075

Special, called or extra sessions of the Mayor and Council may be held, at the direction and within the discretion of the Mayor, provided the City Clerk give informal notice to those Aldermen in the City at the time of such special or called meeting, and/or a quorum of said Mayor and Council attends such special or called meeting, and at such meetings, the Mayor and Council shall have the right, power and authority to transact any business which they are legally authorized to transact at any regular session thereof. Article III. Elections, how held . Section 20. Managers, appointment and oath . All elections held under the provisions of this Charter and all elections in which any subject or question is submitted to the qualified voters of the City of Cuthbert, shall be managed by a Justice of Peace, or some other judicial officer, and two freeholders who are citizens of Cuthbert and own real estate therein, or by three freeholders who are citizens of Cuthbert and own real estate therein. Said managers shall be named and appointed by the Mayor and Council prior to said elections and said Mayor and Council shall provide payment for, and pay, said managers for their services, and said City shall likewise, pay all other expenses incident to, and incurred in, the holding of all City elections. Said managers, before entering upon their duties, shall take and subscribe before some officer, authorized by law to administer oaths, the following oath: We do swear that we will faithfully and impartially conduct this election according to law and will not allow illegal votes to be cast, all to the best of our skill and knowledge, and make true returns thereof. So Help Us God. Said managers shall keep a list of all persons voting in said election and said managers shall keep and use two lists of the qualified voters of said City at said elections and shall not allow any person to vote therein whose name does not appear on said lists unless such person has in fact registered as a voter as herein provided and his name was accidently

Page 3076

omitted from said qualified voter lists and such person produces a certificate from the City Clerk to this effect. All voting shall be by ballot. All City elections shall be held at the County Courthouse in Cuthbert, the polls to be opened at eight o'clock A.M. and closed at six o'clock P.M. The persons receiving the highest number of legal votes for the respective offices shall be elected. After each election, the managers thereof shall immediately make out and sign a certificate of return under oath, of the election; said certificate shall give the name of each candidate voted for, the number of votes received by each and the office for which he was a candidate, and shall give the person elected a certificate of election which certificate shall entitle the holder to be installed in office. Said return, together with all ballots voted, the list of those voting and the voter lists, and all other papers used in said election shall be by them delivered under seal to the Clerk of said City before noon the day following the day of said election, whereupon it shall be the duty of said City Clerk to record the result of said election upon the minutes of the Mayor and Council of said City. All election returns, ballots, lists, and other papers so deposited with said Clerk shall be by him kept for a period of twenty days after said election and then be by him destroyed, provided no demand for recount or petition of contest is filed as hereinafter provided for and then and in that event, it shall be his duty to keep all said papers until called upon to produce them, and when final determination is had in said matter, he shall destroy the same. Any candidate may demand, in writing addressed to the Mayor and Council, a recount of the votes cast in any election in which he was a candidate and received at least one third of the votes cast therein, provided he make application for such recount within three days after such election, such recount thereafter, within three days, to be made by said Mayor and Council, and the result declared upon recount by said Mayor and Council shall be final.

Page 3077

Any candidate who receives at least one third of the votes cast in any election shall, within five days after said election, have the right to contest said election and may do so by filing, in writing, his notice of contest with the Ordinary of Randolph County, which notice of contest shall contain any and all grounds of contest, 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 Mayor and Council 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, provided, however, that all contests shall be determined within fifteen days after said election has been held. Article IV. Voters . Section 21. Qualified voters . All persons qualified to vote in the State of Georgia for members of the General Assembly, who have resided in said City for three months prior to an election at which they offer to vote, and who shall have registered as required by the registration laws or ordinances of said City, shall be qualified to vote in any election held under the provisions of this Charter. Section 22. Registration of voters, oath . It shall be the duty of the Clerk of said City, on the first Monday in September of each year, to open the registration books of said City for the registration of qualified voters. Said books shall be kept open each and every day (Sunday

Page 3078

and legal holidays excepted) during the office hours of said City Clerk, until noon of the Wednesday before the first Wednesday in October, when it shall be fairly and absolutely closed. It shall be the duty of said Clerk, upon the application of any person, and not by proxy, who is qualified to vote for members of the General Assembly of said State of Georgia, who, upon the day of the election will then have resided in said City for a period of three months prior thereto, to allow such person to register his or her name in said registration book and said Clerk shall not knowingly permit any person to register who is not lawfully qualified to do so. In every case, before allowing such applicant to register, said Clerk shall administer to such applicant the following oath, to wit: You do solemnly swear that you are a citizen of the United Sates, that you have resided in the City of Cuthbert for three months next preceding this registration or the date of the next election in said City; that you are at least eighteen years of age or will be prior to the date of the next election. So Help You God. Section 23. List of voters . It shall be the duty of the Clerk of said City to prepare two lists of the names of the voters registered, in alphabetical order, after the same has been purged by the Mayor and Aldermen and furnish the same to the managers of the election, under his official signature and seal of office, at or before the polls are opened. The managers shall keep said lists before them during the election and shall permit no one to vote in said election whose name does not appear thereon. Section 24. Registration for Special Elections . For any intermediate, or special election, in said town for any purposes, the Clerk shall open the registration books at least thrity days before the date fixed for such election, and shall close the same five days before the date of election; and shall prepare and furnish the registration lists as hereinbefore provided. Notice of the opening of the registration book for all elections

Page 3079

shall be given in such manner as the Mayor and Aldermen shall prescribe at least twenty days before the closing thereof. Section 25. Revision of registration list . After said registration books are closed and prior to the day of any election for which said registration is had, the Mayor and Aldermen shall examine, revise and purge the registration lists as made up and returned by the Clerk of said City of all illegally registered voters or persons disqualified from voting for any lawful reason, provided, that before removing any name therefrom, written notice shall be mailed to the person or persons deemed disqualified at least one day before final action thereon by the Mayor and Aldermen, that such person may show cause, if any, why such action should not be taken, and should said person fail to appear at the time and place designated in said notice, and no sufficient reason or cause is offered for such failure to appear, his or her name, at the discretion of the Mayor and Aldermen, may be dropped from said voter registration list. Section 26. Names omitted from registration list, how added . Should the name of any person qualified to vote in any election, and who registered therefor with the Clerk in due form and time, be accidentally omitted from the registration lists furnished the managers of said election, the Clerk of said City may certify under his official signature and seal to such accidental omission to place his name on said lists and that he was duly and legally registered in due time and form before the registration book was closed, and thereupon by filing said certificate with the managers of the election, such person shall be allowed to vote. Section 27. Illegal voting . Any person voting in any election held in said city who is not qualified to vote therein under the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as prescribed by the laws of this State for illegal voting. Article V. Powers of Mayor and Council Specified . Section 28. Powers enumerated . In addition to all other

Page 3080

powers conferred by this Charter or by general law, the Mayor and Council 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 cofification, when duly certified as being a true copy by the City Clerk, shall be received in evidence in all courts of this State. (c) Exercise full and complete authority and power in its discretion to close, vacate or abandon any street, sidewalks, alleys or squares by appropriate ordinance, and shall have authority and power to quitclaim any interest of the City to any street, sidewalks, alleys or squares vacated, closed or abandoned. (d) Prescribe by ordinance such rules as the Mayor and Council 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 thereof on adjacent property. (e) 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 Mayor and Council shall have authority to grant for a fair and 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 Mayor and Council 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 Mayor and Council shall have due regard for the interests of the property holders of the City affected thereby. (f) Establish a system of numbering buildings in the

Page 3081

city, assign appropriate street numbers to said buildings, and compel said buildings to be numbered. (g) Establish and operate systems of waterworks, 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, gas, or any of them. The Mayor and Council 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 62 of this Charter. The Mayor and Council 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. (h) 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 them in all particulars as may seem best for the preservation of the health and comfort of the inhabitants of the City. The Mayor and Council 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 Mayor and Council, 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 Mayor and Council. If property owners fail to make such connection within the time prescribed by the Mayor and Council, the Mayor and Council may make such connections and assess the cost thereof against the real estate.

Page 3082

(i) 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 Mayor and Council to the trial and abatement of all nuisances in the City. (j) 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 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 for the punishment of persons failing to be vaccinated by ordinance. (k) 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. (l) Provide for the prevention of fire within the City and for the protection of life and property therefrom. (m) 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. (n) Pass all by-laws and ordinances respecting public

Page 3083

property, whether real or personal, supervision of disorderly houses, and for the prevention of disorderly conduct liable to disturb the peace or tranquility of any citizen therein. (o) 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. (p) 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 Mayor and Council 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 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 Mayor and Council. (q) Protect all places of divine worship and cemeteries in the City, and own and maintain 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, and may sell and collect for cemetery lots in cemeteries owned by said City. (r) 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. (s) 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

Page 3084

such ordinances as nuisances. The Chief of Police 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 Mayor and Council 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 Mayor and Council, or the Mayor pro tem, shall have full power and authority to cause the Chief of Police 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. (t) Issue and sell bonds for the purpose of paying bonds of the City and interest thereon, and for any public or other purposes allowed by the Constitution and laws of this State, and to issue and sell revenue anticipation certificates or bonds as now or hereafter allowed by law. (u) 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. (v) Be it further enacted, that the City Council of Cuthbert shall have full power and authority to pass all ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security of said City and the inhabitants thereof, and that may be deemed necessary to foster and promote virtue and good morals in said City; to suppress lewdness, gaming and disorderly conduct,

Page 3085

and to enforce such laws and ordinances by such penalties as are authorized in this Charter. (w) The Mayor and Council of Cuthbert shall have full power and authority to declare what shall be deemed disorderly conduct or a nuisance in said City, and to provide punishment therefor and in case of a nuisance, for the abatement of the same. The Police Court of said City shall have concurrent jurisdiction with the City Council with respect to the trial and abatement of nuisances in said City. Section 29. Zoning powers . That Mayor and Council, 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 Mayor and Council shall deem best suited to accomplish the purpose of the zoning regulations. In the determination and establishment of districts and regulations, classification may be based on the nature or character of the trade, industry or other activity conducted, or to be conducted, upon the premises; the number of persons, families, or other group units to reside in or use buildings; the public, quasi-public, or private nature of the use of premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity or welfare. Said Mayor and Council may provide by ordinance for a zoning commission to be composed of not more than five (5) members to be elected by the Mayor and Council and to prescribe their powers and duties; is authorized to provide the method of appeal from findings of said zoning commission; and to provide for a Board of Zoning Appeals; to be elected by said Mayor and Council; to hear such appeals, and to provide their

Page 3086

powers and duties; and to provide for the right of certiorari from said Board of Zoning Appeals to the Superior Court of Randolph County. Section 30. Interest in contracts prohibited . It shall be unlawful for any member of the Mayor and Council 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. Should any member of said Mayor and Council violate this Section of this Charter or Act, he shall, on conviction thereof, be punished as for misdemeanors under the Georgia Code. Article VI. Executive powers of Mayor . Section 31. Executive powers specified . The Mayor shall be the Chief Executive Officer of the City of Cuthbert. He shall see that all laws, ordinances, resolutions, and rules of said City are faithfully, fully, impartially executed and enforced, and that all of the officers or employees of said City faithfully and impartially discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said City, and shall preside at all meetings of the City Council; he shall preserve order and decorum; shall enforce the rules and regulations of the body and shall have power to punish all persons for contempt of such rules and regulations as the Mayor and Council of Cuthbert may prescribe. He shall have power to appoint special policemen, when in his judgment such appointment may be necessary, such policemen to be discharged when the emergency requiring their services is past, and to be compensated as the Mayor and Council may determine. He shall have power also to pardon persons who are convicted of offenses against the City's ordinances, and also to probate, suspend, vacate or reduce sentences imposed by the Police Court of said City. Article VII. Police Court . Section 32. Police Court created . A Police Court is hereby created and established in said City, and the same is

Page 3087

hereby clothed with all such powers as are inherent in Courts generally, and as usually belong to municipal courts, as well as those more particularly set forth. Said Police Court shall be held and conducted in such manner and at such times as the Mayor and Council shall prescribe or as may be necessitated by the emergencies of the case. Said police court shall have jurisdiction to try and determine all offenses against the laws and ordinances of the City of Cuthbert committed within the jurisdictional limits thereof, and upon conviction to punish the offenders for the violation of such laws and ordinances by imposing such fines and sentences and inflicting such punishment as shall be prescribed by the provisions of this Act and the ordinances and resolutions adopted in pursuance thereof; also to forfeit all appearance bonds, and recognizances returnable to said Court and to hear, try and determine all issues made therein, and to render judgment on the case; and also to try all nuisances and questions arising in reference thereto and to grant judgments for the abatement of the same and for the removal thereof. Section 33. Presiding Officer . The Mayor of said City shall preside as Judge in said Court, and try and determine cases therein. In cases of the absence or disqualification or disability of the Mayor, or in case of a vacancy in his office, the Mayor pro tem, or in his absence, disqualification or disability, any Alderman, shall preside as such police court judge. Section 34. WarrantsAppearance Bonds . Said Mayor or presiding officer on the oath of any person shall be authorized and empowered to issue warrants for the arrest of offenders against the laws and ordinances of said city, and where in the course of an investigation of a matter in said Police Court, it shall appear that the penal laws of the State have been violated, it shall be the duty of the Mayor or acting Police Court Judge to bind over the offender to the Superior Court of Randolph County, and to that end said Mayor, or acting Police Court Judge shall have power and authority to commit such offender to the County jail of said County, or admit him to bail, in bailable cases, for his appearance

Page 3088

at the next term of said Superior Court to be held in and for said County. Section 35. Penalties . The Mayor or other presiding Judge of said Police Court shall have power to impose fines and inflict punishments, after conviction, upon all violators of this Charter or any Ordinance of said City by fine not to exceed three hundred dollars, or by compulsory labor in the chain gang upon the streets or public works of said City, under the control and direction of proper officers, not to exceed ninety days, or by confinement, in the guard house of said City, not to exceed sixty days, either one or more or all, in the discretion of the Mayor or other Police Court Judge trying the case, and all sentences may be in the alternative and fines may be imposed with the alternative of either or both of the other punishments in the event the fines are not paid. Section 36. Contempt . Said Mayor or other Police Court Judge when sitting or presiding in said Police Court, shall have the authority to punish for contempt by fine not to exceed twenty dollars or confinement in the guard house of said City not to exceed twenty days, either or both in his discretion. Section 37. Dockets . There shall be kept in said Police Court one or more dockets, on which shall appear the name of each person charged with any offense against the laws and ordinances of said City, and a brief and clear statement of the offense with which such person is charged. Upon the trial of such person, the sentence imposed or the disposition made of the case shall be entered in writing opposite the name and charge against such person, and be signed by the Mayor or other presiding Judge of said Court. Section 38. Summons for accused and witnesses . Said Police Court shall have power to compel the attendance of persons charged with the violation of any City ordinances or laws of said City by summons, which summons shall be issued by the Clerk of Council and bear teste in the name of the Mayor and shall set forth the nature of the charge or case, and the time set for trial or hearing, and shall be

Page 3089

served on the defendant by any officer or member of the police force. Likewise, said Court shall have power to compel the attendance of witnesses in all proceedings by issuing subpoenas which shall be similarly attested, issued and served. Section 39. Failure to answer summons, punishable . Said police court shall have power to punish any person disobeying such summons or subpoenas, as for contempt, by fine not to exceed twenty dollars or confinement in the guard house of said City, not to exceed twenty days, either or both in the judgment of the Mayor or other presiding police Court Judge. Any person who may be charged with contempt may be arrested by attachment or warrant signed by the Mayor or other Police Court Judge, which said attachment or warrant shall be executed by any member of the police force. Section 40. Continuances . The cases before said Court shall be tried as speedily as possible with due regard to the rights of the accused, and of the City, and continuances may be granted by the Court upon proper showing made, in accordance with the rules governing continuances in the Superior Courts of this State, but such continuances shall be only until a time when the case can be properly tried in the discretion of the presiding Judge. Section 41. Appearance bonds, how forfeited . When any person is charged with an offense against the laws or ordinances of said City, or who is arrested for such offense, shall give bond and security for his or her appearance, at any session of said Police Court, and shall fail to appear at any time appointed in such bond, then the Clerk of said Police Court shall issue a scire facias in said Police Court why such bond should not be forfeited, the same to be served on defendant and his securities at least five days before the hearing on said scire facias, and if, at the return term of said scire facias, in said Court, no sufficient cause is shown to the contrary, judgment shall be entered upon said bond against the principal therein and his or her surety or sureties. On entering judgment on any such bond, the

Page 3090

Clerk of said Court shall issue an execution against the principal and surety or sureties on such bond in conformity with such judgment, and in the form and manner prescribed for such executions issued by said City for taxes, which executions shall be placed in the hands of any member of the police force, who shall proceed to collect the same as tax executions of said City are enforced and collected. Section 42. Cash deposits for appearance, how forfeited . In any case where any person charged with an offense against the laws and ordinances of said City, or arrested for such offense, has deposited a sum of money as bond for his appearance in said Police Court and similarly where some other party has deposited a sum of money for the appearance of such person in said Police Court, then and in the event such person does not appear at the time appointed, for whose appearance such sum of money was deposited in lieu of a bond as aforesaid, said sum of money shall be forfeited instanter by the judgment of the Mayor or other presiding Police Court Judge, entered upon the Police Court docket, and shall be paid over to the City Treasurer as the property of said City of Cuthbert. Section 43. Court Costs . The Mayor and Council shall have power to provide by ordinance for the charge and collection of all items of costs in cases brought into said Police Court, such as are usually incident and lawfully chargeable to the prosecution of said cases, same to be added to the amount of the fines imposed and collected, and then to be paid over to the proper officers for whose use they are charged. The Clerk of the Mayor and Council and the Chief of Police or any member of the police force, shall be the Clerk and Marshal respectively of said Police Court, and shall serve as same in such capacity, and their duties and fees or costs shall be such as may be fixed by ordinance. Section 44. Certiorari . The right of certiorari from the decision and judgment of said police court shall exist in all cases, and any and all persons who shall complain and take exception to any decision or judgment rendered in said police court, shall have the right to have the same reviewed by writ of certiorari, which shall be applied for, issued,

Page 3091

heard, and determined under the provisions of the laws of the State of Georgia, in such cases made and provided. Section 45. Chain gang . The Mayor and Council of the City of Cuthbert shall have the power and authority to maintain a chain gang in and for said City, and to confine therein persons who have been sentenced by the Police Court to work on the streets or public works of said city; they shall have the power to make such rules and regulations as may be necessary and suitable for the care, safe-keeping, and control of said chain gang, and to enforce the same through its proper officers, and may prescribe adequate punishment in the event of a failure of any person confined in said chain gang to comply with the terms of said sentence not in conflict with the laws of this State. Section 46. City Jail . The Mayor and Council of Cuthbert shall have the power and authority to maintain a City jail, and to establish and provide regulation therefor, in which shall be confined for punishment when necessary, persons sentenced by the Police Court for violating any of the laws or ordinances of said City, as well as for the safe detention until trial of all persons who have violated any of the laws or ordinances thereof. Section 47. Arrests . It shall be lawful for the Chief of Police or any police officer of said City, to arrest without warrant all disorderly and turbulent persons within the corporate limits of said City who will not desist on command and confine them in the City Jail until they can be brought before the Police Court to answer for their misconduct. Said officers are authorized and empowered to arrest with or without warrant any person or persons within the corporate limits of said City who at the time of said arrest or before that time, have been guilty of violating any of the laws or ordinances of said City, and to hold such person so arrested until a hearing of the matter before the Police Court can be had, in all cases where the offense was committed in the presence of the arresting officer, or if the defendant is endeavoring to escape, or if for any other cause there is likely to be a failure of justice for want of an officer to issue a warrant, and to this end said arresting officers

Page 3092

are authorized to imprison and confine persons arrested by them in the City Jail of said City for a reasonable length of time. Said Chief of Police and police officers shall have authority to summons any and all bystanders to aid in the arrest of any person or persons violating any ordinance of said City, or any criminal law of this State, and to provide punishment for any person or persons failing or refusing to obey such summons. Article VIII. Chief of Police, duties . Section 48. Duties specified . (a) The Chief of Police 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 Chief of Police shall have the same authority to place purchasers at Chief of Police sales in possession as sheriffs of this State have, and deeds to real estate sold by the Chief of Police under execution shall have the same force and effect and shall be admitted in evidence as are sheriffs deeds in this State. The Chief of Police shall have such other and further powers and duties as may be conferred or imposed upon him by ordinance by the Mayor and Council. (b) It shall be the duty of the Chief of Police, by himself or through the force under him and at his command, at all times, day and night, to preserve the public peace, good order and tranquility of said City and its inhabitants, to prevent the commission of crime, and arrest offenders, to protect the rights of persons and property, to provide proper police force and protection at fires, to suppress riots and insurrections, to disperse unlawful and dangerous assemblages, and assemblages which obstruct the free passage of public streets, sidewalks, parks, and other places, to preserve order at elections and all public meetings and assemblages, to regulate movements of vehicles in the streets, and to prevent the violation of all laws and ordinances in force applicable to the police of said City.

Page 3093

He will be held responsible for the good order of the City, and the general good conduct of the officers and men under him. The police of the City including those holding temporary appointments, and night watchmen, shall be subject to the general control of the Chief of Police. The Mayor and Council of Cuthbert may pass ordinances from time to time regulating the Chief of Police, and the police force of said City, and may clothe watchmen at private plants or factories, or any officer or employee of said City with police powers. (c) It shall likewise be the duty of the Chief of Police to collect by levy and sale, all tax executions or other liens or executions turned over to him for collection by the Mayor and Council or the City Clerk. It shall likewise be the duty of said Chief of Police to collect all street tax from the persons made liable to pay the same under this Charter. Article IX. Taxation . Section 49. Ad valorem taxes authorized . For the purpose of raising revenues for the support and maintenance and operation of the government of the City of Cuthbert, including the payments of bonds, interest on the bonded debts, and the creation of a sinking fund for the final extinguishment of said bonded debt, the Mayor and Council of Cuthbert shall have the power and authority to assess, levy and collect an ad valorem tax on all real and personal property, including money, notes, bonds and other evidences of debt, money used in banking and every other species of property owned or held within the corporate limits of said City, which under the laws of this State is subject to taxation, not exceeding twelve and one-half (12) mills upon the assessed value of all such property. Section 50. Mayor and Council authorized to require returns . The Mayor and Council 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

Page 3094

such property to file a written statement and description of such property and its fair market value, under oath. Section 51. Tax assessors, appointment, terms, removal, oath, pay . The Mayor and Council shall elect three (3) 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 (1) year. Said City tax assessors may at any time be removed from their office by the Mayor and Council with or without cause, to be judged by the Mayor and Council, and all vacancies occurring from any cause may be filled by the Mayor and Council at any time. Said tax assessors shall take such oaths and receive such compensation as the Mayor and Council may prescribe, they shall meet at the City Hall in Cuthbert on the first Wednesday in April each year, elect a Chairman, who shall vote, only in case of a tie vote, and they shall continue their work until the same is finished or not later than July 1st each year. The City Clerk shall serve as their Clerk and receive such pay as fixed by the Mayor and Council. Section 52. 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 53. SameAuthority of Mayor and Council to regulate procedure for increase in valuation; arbitration . The Mayor and Council 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 and 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

Page 3095

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 (5) 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 five (5) days thereafter, select a second arbitrator. In the event the two (2) arbitrators thus selected shall be unable to agree upon a third arbitrator within said period of five (5) days, the Chairman of the Mayor and Council 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 (10) days after their selection, the assessment as determined by the City tax assessors shall be final. Section 54. 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 55. Return by assessors to Mayor and Council; assessment by Mayor and Council; double taxing defaulters . The city tax assessors shall make returns of the assessment made by them to the Mayor and Council. The Mayor and

Page 3096

Council 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 56. Notice, hearing when property assessed for back taxes . The Mayor and Council 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 57. Mayor and Council to determine tax due date, collection . The Mayor and Council 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 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 58. Tax Executions and sale procedures . Executions for any and all taxes or fines, license fees, assessment 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 Mayor and Council and be directed to the Chief of Police of Cuthbert, Georgia, commanding him, that of any property belonging to the defendant against whom the said execution is issued, or of the property of defendant in said execution, he make by levy and sale, the amount due on said execution with all costs. After said execution is levied said property shall be sold under the same laws governing tax sales by the sheriffs of this State, and in case of tax sales, the same rights of redemption shall exist as in redemption of property sold for State and county taxes, and said City shall have the authority to purchase the property sold at said sales. Section 59. Street tax or work . The Mayor and Council of Cuthbert shall have power and authority to require, compel,

Page 3097

and make all male persons between the ages of eighteen (18) and sixty (60), who are not high school or college students, residents of said town, to work on the streets of said City, not to exceed ten (10) days in each year, at such times as the City Council may order; or pay a commutation tax in lieu thereof not to exceed three ($3.00) dollars in any one year, as said Mayor and Council determine. Should any person, liable to work the streets of said City under this Section, fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do from the Chief of Police or any member of the police force, he shall be deemed guilty of a violation of this Section, and on conviction in the Police Court of said City shall be fined in the sum not exceeding twenty ($20.00) dollars, or be punished by imprisonment in the City Jail, or by compulsory labor on the streets, in the chain gang of said City, not exceeding twenty (20) days. Thirty (30) days continuous residence in the corporate limits of said City shall be sufficient to constitute a person a resident of said City, so as to subject him to liability to street work. The Mayor and Council may pass such ordinances as they deem proper and necessary for enforcing the provisions of this Section. Section 60. Specific license or occupation tax on business . (a) The Mayor and Council 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 Mayor and Council may provide by ordinance. The Mayor and Council shall have authority to require examinations or other qualifications as a condition to the issuance of such licenses. (b) The Mayor and Council of Cuthbert shall have power

Page 3098

and authority by ordinance to classify and provide for registering the various occupations, trades, callings, and kinds of business that are carried on in said City, and to fix a specific or license tax on the same, and the time or times when such tax or license shall be payable and shall provide penalties for engaging in the same, without first registering and paying the tax; and shall also have power to enforce the collection of the same by execution. Section 61. Authority to revoke licenses . The Mayor and Council 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 62. Condemnation for municipal utilities . The Mayor and Council 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 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 63. Authority to grant utility franchise . The Mayor and Council 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 public with electricity, water, sewerage or gas, or any of them, and to make such contract with such persons, firm, or corporation for water, sewerage, electricity or gas, or any of them, as may to the Mayor and Council seem proper; provided, that the City shall not be bound by any such contract for a longer period than twenty (20) years from the making thereof. Section 64. Authority to regulate use of water, collect

Page 3099

water rates . The Mayor and Council 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 XI. Bonds for public utilities . Section 65. Specifies for what purposes . The Mayor and Council of Cuthbert shall have power and authority to issue bonds for and in the name of said City for any of the following purposes, to wit: For extending, enlarging and improving the water works system of the City, and laying water mains and sewers, paving, macadamizing, repairing, and improving the public streets, highways and lanes, alleys and crossings of the City, and for the purpose of building a public auditorium and any other public building and works, and making any other public improvements that may be needed for said City, and for any and all other governmental, municipal and public purposes. Before any bonds of said City shall be issued for any of the foregoing purposes, the Mayor and Council of Cuthbert shall, by appropriate resolutions or ordinances, direct and provide that such bonds shall be issued and shall specify the purposes and amounts thereof. The rate of interest to be paid annually, when to be fully paid off, the place of payment and other terms and details thereof (all of which provisions said City Council shall have the right to fix and determine according to their best discretion), and shall also in said resolution call and provide for the holding of any election on the subject and for published notice thereof, as provided by the Constitution and laws of this State. Such an election or elections may be called any time or

Page 3100

times, or from time to time, for issuing bonds for any one or more or all of the before stated purposes as deemed expedient by said City Council; provided, always, that the limits of the total bonded indebtedness of said City, as fixed by the Constitution of the State shall never be exceeded. Should two-thirds of the qualified voters of said City, voting in said election, vote in favor of issuing bonds, at any election called by said Mayor and Council, as hereinbefore provided, then and in such event said Mayor and Council shall, at and before the time of issuing the bonds authorized by such election, provide for the assessment, levy and collection during the life of said bond, of an annual tax upon all the property in said City, subject to taxation, sufficient, in amount to pay the principal and interest of said bond. Any and all of the bonds and series of bonds issued by said City, under the provisions of this Charter, shall become obligatory and binding upon said City, and its taxpayers, with all the qualities of commercial paper and all bonds heretofore issued by said municipal corporation shall likewise be binding upon the City of Cuthbert; said Mayor and Council is hereby authorized to negotiate and sell any of said bonds, or series of bonds issued by said City, and the proceeds of said bonds when sold shall only be applied for the purpose or purposes for which they are respectively issued. Section 66. Bond CommissionAuthorizedDuties . The Mayor and Council shall have the power and authority to create a bond commission, which shall be composed of three (3) freeholders of the City and shall be chosen as follows: The Mayor and Council may, at any time after the passage of this Charter, select three (3) freeholders from the citizens of the City to constitute said bond commission. Members of said commission shall serve for terms of three (3) years and until their successors are chosen and qualified; provided, however, that the ordinance establishing said commission shall provide that the initial three (3) appointees thereto shall serve for terms of one (1), two (2) and three (3) 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

Page 3101

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 67. Duties of Clerk or TreasurerMayor and Council . The City Clerk or 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 Mayor and Council 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 XII. Streets and street improvement . Section 68. Streets, etc. Be it further enacted, that the Mayor and Council of Cuthbert shall have full, complete and exclusive control of the streets, alleys, sidewalks, parks and squares of said City, and shall have full power and authority to condemn property for the purpose of laying out new streets, alleys or sidewalks, and for widening, straightening and grading or in any way changing the street line and sidewalks of said City, and when said City Council desires to exercise the power and authority as to condemnations 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, and shall be done under the provisions of Chapters 36-2 through 36-6, inclusive, of the Georgia Code. The Mayor and Council may abandon or discontinue such proceeding at any time upon payment of accrued cost. The Mayor and Council shall have full power and authority to remove or cause to be removed any obstruction or nuisance in the streets, alleys, lanes, sidewalks or other public

Page 3102

places in said City, and to enforce the provisions of this Section by appropriate ordinances. Section 69. Street improvement . The Mayor and Council of Cuthbert shall have full power and authority in their discretion, and as hereafter prescribed, to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, streets, squares, public alleys, and lanes of said City, now or that may hereafter be opened, laid out or constructed, and to lay curbings along any of the sidewalks, streets, squares, or public alleys, in order to make more effective the power or authority above given, and to provide funds therefor. Said City Council shall have full power and authority to assess the actual cost of paving said sidewalks, and placing curbings by the same, against the real estate abutting on the street, but only on the side of the street on which the sidewalk is improved, if on one side only. Said City Council shall have full power to assess one-third of the cost of grading, paving, macadamizing, or otherwise improving any roadway or street proper on the real estate abutting on one side of the street improved, and one-third of the cost on the real estate abutting on the other side of the street so improved. The real estate abutting on both sides of the street shall not together be assessed more than two-thirds of the entire cost in the discretion of the City Council, and any railroad company having a track or tracks running along or across the streets of said city shall be required to pay the cost in full of paving, macadamizing or otherwise improving such street between their said tracks and for two feet on each side thereof, and in case there are two or more tracks on the same street, to require said railway company to pay the cost of paving or macadamizing the space between each track. The balance of the cost of paving and macadamizing such street, including street intersections, headers, and intakes, shall be divided one-third each to the respective abutting property owners, leaving one-third to be paid by the City. In cases where the streets paved or macadamized are not occupied by track or tracks of any railroad company, the respective abutting property owners shall each be assessed

Page 3103

one-third the cost and the City shall pay the other third of such paving or macadamizing. The Mayor and Council may, in their discretion, provide by ordinance for all such improvements, and the amount of the assessment made against such railway company or property owners, shall become a lien on such property from the date of the passage of the ordinance providing for the work and making assessment, and shall have power and authority to enforce the collection of any amount so assessed for such improvements or work done, either upon the sidewalks or streets, by execution to be issued by the Clerk of the Council against the real estate so assessed as against the owner thereof, at the date of the ordinance making the assessment, which execution may be levied by the Chief of Police of said City, on such real estate, and after advertising and other proceedings as in the case of the sale of realty for City taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser, provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due, and stating what he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit shall be received, which affidavit when received shall be returned to the Superior Court of Randolph County, and there be tried and issue determined as in cases of illegality, subject to all the penalties provided by law in cases of illegality for delay. The lien for assessment on abutting property and on railway companies, for streets or sidewalks, paving, curbing, macadamizing, grading, or drainage, shall have rank and priority of payment next in point of dignity to a lien for taxes. Such lien to date from the passage of the ordinance authorizing the execution of the work in each case. Article XIII. Sewerage and sanitation . Section 70. Sewerage systems . The Mayor and Council of Cuthbert shall have power and authority to lay down, construct and maintain sewers and a sewerage system in

Page 3104

said City including the disposition of sewerage matter, and to assess a sum of not more than three ($3.00) dollars per lineal foot for constructing such sewers, upon the property and estates respectively abutting on said sewers, upon the property and estates respectively abutting on said sewers on each side of the street along which said sewer is laid or constructed, and in consideration of the payment of said assessment the owners of said property or estates shall have the right to have their drains from their abutting property connected with said sewer at their cost and under such rules and regulations as the City Council may prescribe by ordinance. In case any sewer is laid down or constructed through or over any private property along the course of any natural drain, or otherwise, a like assessment as above named shall be assessed upon such abutting property on each side of said sewer for every lineal foot, making in all not less than eighty cents nor more than one ($1.00) dollar for every lineal foot to be assessed upon such property through which sewers are constructed as aforesaid. Provided, that when one and the same party owns the land on both sides of the sewer constructed through his property, he shall be assessed for only one side thereof, and in consideration of the payment of said assessment, he or she or they shall have the right of connecting drains from usch abutting property with such sewers, as above provided, in case of street sewers. The extent and character, material used and expense of sewers constructed, as well as the time and manner of constructing the same, shall be in the discretion of the City Council, to be prescribed from time to time by Ordinance. The remaining cost of all sewers constructed after the collection of the assessments levied shall be paid by the City Council from the Treasury of said City. The assessments provided for above shall have a like lien on property against which assessed, and the same shall be enforced in like manner and under the same procedure as liens for streets and sidewalk improvements provided for in this Act.

Page 3105

In case any sewer or parts of the same shall be located upon or through private property, or such location should be for the public interest, and the owners of said property refuse to grant a right of way for that purpose and such owner or owners and the authorities of said City cannot agree upon the damages to be paid for such easement, the damage shall be assessed as in the case of property taken under condemnation proceedings under the laws of this State, for opening, straightening or widening streets under this Charter. Upon payment or tender of the amount of the award, the work may proceed, notwithstanding the entering of any appeal. Said Mayor and Council, when in their judgment necessary for the preservation of the health of the inhabitants of said City, shall have full power and authority to extend the system of sewerage and drainage beyond the limits of said City, and the provisions of this Act as to the construction, maintenance, preservation and protection of such sewerage system and the taking of property therefor, shall apply to the territory without said City limits as may be necessary for the purpose aforesaid. Said Mayor and Council shall have full power and authority, by resolution or ordinance, to levy a sewer service charge on sewer connections, such charges to be a lien on the property receiving such sewerage service, such lien to be enforced against said property under the same procedure as liens for street and sidewalk improvements as provided for in this Act. This also shall apply to connections and property without the City limits when the City sewerage system is extended beyond the City limits. Section 71. Control of sewers . The Mayor and Council shall have full power and authority for the preservation and protection of all sewers in said City; to direct and control the time and manner and places where connections shall be made with said sewers and by whom the work is to be done, and on what terms and conditions, and to what extent surface water or drainage shall be permitted to flow into sewers, and to what points, and generally all matters relating to the use, control and repair of sewers, and sewer

Page 3106

connections, and re-placing pavement and other adjacent structures in good and sanitary condition, and shall be at all time exclusively under the direction and regulation of said City Council in their fair and legal discretion. In case of real estate situated on street corners and having frontage on both streets, such property shall be assessed only for the abutting frontage on the street on which sewer is first laid, and when or if a sewer is laid in the other street, two hundred (200) feet of said frontage thereon shall be exempt from assessment thereon. Section 72. Control of drainage . The Mayor and Council of Cuthbert shall have full and absolute power and authority to control by ordinance all city pipes, sewers and drains, private drains, water closets, privies, and the like in said City, and to prescribe their location, structure and use, and to make such rules and regulations and to pass such ordinances concerning them or their use, in all particulars, as may be deemed best for the preservation of the health and comfort of the inhabitants of said City. Section 73. Sanitationclosets, privies, urinals, etc. Said Mayor and Council shall have full power and authority to prescribe by ordinance the kind of water closets, privies, and urinals which shall be used within the corporate limits, and shall have the power and authority to condemn and compel the disuse of the same when they do not conform to the kind prescribed for use by the City Council or whenever they shall become and be declared by the City Council as a nuisance. Said Mayor and Council shall also have full authority and power to order and compel the owners of property within said town to connect water closets or urinals on their property with the sewers and sanitary system of said City, when such property is located on or within reasonable distance of a street where there is such sewer and under such rules and regulations as may be prescribed by the Mayor and Council. Should any property owner fail or refuse to make such connections within the time prescribed, the City Council, through its proper officers, or agents, shall have power and authority in the interest of the public health to enter upon the such premises and make such connections, and assess the cost of the same with the

Page 3107

fixtures used therefor, against the property so connected, and enforce collection of the same by execution as in the case of sewer assessments. Section 74. Sanitation . The Mayor and Council of Cuthbert shall have full power and authority to compel the owners of any property in said City, and cellars, if the same should prove a nuisance, or the City Sanitation should recommend that said property or cellars be cleaned, drained or filled, to clean, drain, or fill the same to the level of the streets or alleys upon or near which said property or cellars are located. If the owners or occupants or users of the property or cellars shall fail or refuse, after reasonable notice, either to them or their agents or tenants in possession, as City Council may elect, to comply with the requirements of the City Council by cleaning, draining or filling said property or cellars, it shall be lawful for said Mayor and Council to have said work performed and collect the expense of the same by execution, as prescribed in this Act for sewer assessment. The Mayor and Council or the Chief of Police, or any police officer of said City shall have power to direct the removal and burial or burning of the carcass of any dead animal, or fowl, or decaying or offensive vegetable or animal matter or flesh within a reasonable time, and on default or failure of the person upon whose premises such nuisance exists, the said Chief of Police or other police officer may cause the same to be so removed and disposed of, and assess the actual costs thereof against the person from whose premises so removed, and such actual expenses shall be a lien against said person, any property to be collected as are other assessments against property provided for in this Charter. Article XIV. Finance . Section 75. Fiscal year . The fiscal year of the City shall be from the first day of October through the thirtieth day of September of each year, the Mayor and Council, however, shall have the right and authority, by resolution, to change such fiscal year whenever said Mayor and Council determine that a different fiscal year will work to the advantage

Page 3108

of the City in the administration of its affairs and government. Section 76. Annual audits . The Mayor and Council shall each year, within thirty (30) days after the end of its fiscal year, order and arrange for a complete, detailed and itemized audit covering the prior fiscal year, such audit to be prepared and available to the Mayor and Council on or before the first Tuesday in January of each year. Section 77. Budget . After the first Tuesday in January and on or before the second Tuesday in January of each year, the Mayor and Council shall adopt a budget for the calendar year beginning the first day of January and ending the thirty first day of December of that calendar year, and no money shall be expended during such calendar year after said second Tuesday in January thereof, until such budget is prepared and adopted. After such budget is, and has been adopted, the Mayor and Council may transfer or reallocate funds, with 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 Mayor and Council to immediately adjust its budget so as to comply with such decreased revenue. In the event of an increased revenue, which revenue has become definite and reasonably certain, the Mayor and Council may revise the budget to take into consideration such increased revenue. Section 78. City depository . The Mayor and Council shall designate the bank or banks in which the general funds of the City shall be deposited in the name of the City and after such designation has been made, the Clerk and Treasurer shall deposit such funds in the bank or banks so designated until a different bank, or different banks, shall be designated by said Mayor and Council. Section 79. Expenditures . All expenditures of the City shall be paid by check drawn on the account or accounts of said City with such bank or banks designated as the depository or depositories for City funds, the checks for salaries

Page 3109

or wages due employees, to be signed by the Clerk and/or Treasurer of said City, and all other checks for expenditure of City funds shall be signed by said City Clerk and/or Treasurer and countersigned by the Mayor or, in his absence, by the Mayor pro tem. Section 80. Borrowing money to cover casual deficits . The Mayor and Council shall have the power and the authority, when, in their opinion, it is necessary or expedient, to borrow money to meet casual deficiencies in the revenues of said City, and the Mayor shall, in the name of the City, execute a note or notes therefor, but loans for such purpose shall not extend over a period longer than twelve months, all as shall be provided for by a special resolution of the Mayor and Council of the City of Cuthbert, Georgia, a certified copy of which resolution shall be delivered with said note to the person, firm or corporation granting the loan of said money. Section 81. Supplies, how purchased . The Mayor and Council shall prescribe by resolution how, and by whom, purchases for supplies, materials, and other necessary articles, for said City, or any department thereof, shall be made or contracted for in behalf of said City, and no purchase, or contract of purchase, made by any other person than as prescribed by such resolution, shall be valid or binding on said City. Article XV. General powers of Mayor and Council . Not restricted . Section 82. Enumeration of powers of Mayor and Council not restrictive . The enumeration of powers of Mayor and Council contained in this Act shall not be considered as restrictive, but said Mayor and Council of said City shall have the right to exercise all powers, rights and jurisdictions as they might if such enumeration were not made, and said Mayor and Council shall have the right and authority to pass and adopt all laws and ordinances, rules and regulations, that they may deem needful and proper for the general welfare and protection of the inhabitants of said City, and where, under this Act, charter rights are conferred

Page 3110

or powers granted, but the manner of exercising them is not fully prescribed, the Mayor and Council may prescribe the method of exercising them or they may prescribe additional regulations and modes of procedure, not repugnant to the interests and purposes of this Act, or the laws of the State of Georgia. Article XVI. Mayor and Aldermen subject to impeachment. Section 83. Grounds of impeachment and removal . In case the Mayor or any Alderman, while in office, shall be guilty of malpractice, or willful neglect in office, or the abuse of the powers conferred on him, or shall be guilty of any conduct unbecoming this station or convicted and sentenced for the violation of any criminal law of this State involving moral turpitude, he shall be subject to be impeached by the Mayor and Council, or by the Aldermen composing the Council in case of the Mayor, and upon conviction by not less than four (4) votes, shall be removed forthwith from office. Article XVII. Existing laws, ordinances, rights, liabilities. Section 84. Constitution . All ordinances, resolutions, by-laws, rules and regulations heretofore adopted by the Mayor and Council of said City, which are now in force and not inconsistent with or repugnant to the provisions of this Charter, shall remain in full force and effect under this Charter until repealed, altered or amended. All property and property rights held, owned or possessed by said City, and all pending suits or claims by or against the City are preserved unaltered. Article XVIII. Suits, Against City, How Instituted. Section 85. Notice . No action for damages to person or property of any kind or 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 Mayor and Council, in writing, stating

Page 3111

in such written notice the date and place of the happening or infliction of such injury, the manner of such infliction, the character of such injury, the names and addresses of the witnesses to such occurrence, if any, and the amount of damages claimed therefor. Article XIX. Subpoena power of Mayor and Council and Police Court. Section 86. Witnesses compelled to appear, evidence produced . The Mayor and Council and Police Court charged with the administration of the affairs of said City, shall have the power and the authority to compel the attendance of witnesses and the production of relevant, admissable and pertinent documents in proper cases. Any person failing or refusing to attend as a witness or to produce relevant, admissible and pertinent evidence within his power, custody, or control, when notified or called upon so to do, shall be subject to punishment as prescribed in this Charter, as for contempt. Article XX. Codes. Section 87. City Code . The Mayor and Council shall have power and authority to adopt a code of Ordinances and to amend and repeal the same, or any part thereof. Section 88. Sundry Codes . The Mayor and Council of the City of Cuthbert 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 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 Cuthbert. Section 89. Same . Said codes, rules, and regulations may embrace such matters as: the preparation and submission

Page 3112

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. Section 90. Same . Said codes, rules, and regulations may be adopted by reference to national or regional codes. Section 91. Inspectors . Said Mayor and Council shall have the authority to appoint building, electrical, plumbing, gas, housing inspectors for said City and such other assistants as the Mayor and Council may deem necessary. Section 92. Rules . Said Mayor and Council 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 Cuthbert 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. Section 93. Crimes . 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. Section 94. Crimes . The violation of any of the codes, rules and regulations adopted by said Mayor and Council as aforesaid 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.

Page 3113

Article XXI. Miscellaneous. Section 95. Tax Deeds . The recitals in deeds under a sale for municipal taxes or assessments in said City, shall be evidence of the facts as recited therein, in any Court in this State and shall be taken as prima facie true. Section 96. City Parks and Playgrounds . The Mayor and Council of said City shall have the power and authority, in their discretion to acquire by gift, purchase or otherwise, on behalf of said City, land or ground suitable for a park or parks or playgrounds for the use of the public and as may be in their judgment, to the health, interest and welfare of the citizens of said City. They shall have power and authority to improve, beautify, and keep up the same, and to that end may make appropriations therefor, and to provide such officers or employees as may be necessary to care for, protect and keep the same in order. They shall have the power and authority to provide such rules, regulations and ordinances for the government of the same and of the public who frequent them, as they deem wise or necessary. Section 97. Maintenance of Carnegie Library; Librarian . The Mayor and Council of said City shall have the right, power and authority to maintain and repair, the property known as the Carnegie Library in said City, provide for adequate insurance thereon, and shall have the power and authority to pay a portion of the monthly salary paid the Librarian in charge thereof, not to exceed the amount of one hundred ($100.00) dollars each month. Section 98. All consumers must pay for water . Hereafter, it shall not be lawful for the Mayor and Council, or any City officer or employee to allow any person, association, society, firm, or corporation, to use City water without charging therefor in conformity with the City water rates in force when such water is used.

Page 3114

Section 99. Placing improvements on private property . Hereafter, it shall be unlawful for the Mayor and Council or any City officer or employee, to build or maintain or construct temporary or permanent improvements on the private property of any person, association, society, firm or corporation without charging reasonable and adequate compensation therefor, and then only with the permission of the Mayor and Council. Section 100. City machinery not to be used on private property . Hereafter, it shall be unlawful for the Mayor and Council, or any City officer, or employee to use, or cause to be used, any City machinery on the private property of any person, association, society, firm or corporation, without charging reasonable and adequate compensation therefor, and then only with the permission of the Mayor and Council. Section 101. No City products, property or service to be donated . Hereafter, it shall be unlawful for the Mayor and Council, or any City officer or employee to give any product, or property or anything of value belonging to the City, or any service of City employees, to any person, association, society, firm, or corporation, as a donation, without reasonable adequate compensation therefor, and then, only with the permission of the Mayor and Council. Section 102. All City funds to be expended on City business . The Mayor and Council are not authorized to expend any City funds, other than as authorized by this Charter, except for the payment of City obligations incurred in the transaction of City business and the governmental affairs of said City. Section 103. Fire Department . Be it further enacted, that it shall be the duty of the City Council of Cuthbert to provide such fire protection for said City as in their discretion said City can afford, or is able to support, and to this end shall have power and authority to organize, equip and support a fire department, volunteer or paid, and to make such appropriations therefor as may be deemed advisable, providing needed buildings therefor, and to adopt and prescribe such ordinances and regulations as will best promote

Page 3115

the objects of this Section and afford protection from fire or conflagration to property in said City. Section 104. Group insurance for employees. (a) Group Insurance . The Mayor and Council of the City of Cuthbert 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. Provided, however, that no officer, agent or employee of the City of Cuthbert shall be included in any such contract without his consent. (b) Cost . 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. (c) No vested rights . 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

Page 3116

to terminate such insurance for such officer, agent or employee. (d) Deduction of cost . The cost of any such insurance borne by the City shall come from its operating revenue, and the Treasurer of the City of Cuthbert shall have authority to make payroll deductions for the cost to be borne by said officers, agents, and employees. Section 105. Locomotives, speed, obstructing streets, etc . The Mayor and Council shall also have power and authority to regulate the speed at which locomotives or trains shall be run within the corporate limits of said City, also the blowing of whistles and signals by locomotives and stationary engines and factories within the corporate limits, and also to prescribe by ordinance the length of time for which any railroad train or engine may obstruct or prevent passage of the public over any public crossing, or street, or sidewalk within said City. Section 106. Railroad crossings . The Mayor and Council shall have power and authority to require the railroads running through said City, or any portion thereof, to make and repair such public crossings, for pedestrians or vehicles over or across their several roads, whenever or in such manner as said City Council shall deem necessary; to place or repair such crossings, or to open or keep open any street in said town crossing them, and the Mayor and Council may pass any ordinance needful for carrying out the provisions of this Section. And in case any railroad shall fail or refuse to make such crossings within fifteen days or to repair the same within twenty-four hours after having been notified to do so by said City, the Mayor and Council shall have power to create and make the same across the said railroad or to repair the same at the expense of the railroad, and may issue execution therefor, and levy and collect the same as in case of tax executions. Section 107. Severability . If any section or portion of any section of this Act shall be held invalid, the remainder of such section and remainder of this Act shall remain valid and of full force and effect.

Page 3117

Section 108. Repeal . The following Acts of the General Assembly of Georgia, are hereby repealed in their entirety: Georgia Laws 1865-6 Act 293, page 276, approved February 21, 1866. Georgia Laws 1869, Act 69, Page 76, approved March 18, 1869. Georgia Laws 1910, Act 475, Page 526, approved August 15, 1910. Georgia Laws 1920, Act 413, approved July 24, 1920. Georgia Laws 1945, Act 19, Page 519, approved January 30, 1945. Georgia Laws 1945, Act 79, Page 616, approved February 12, 1945. Section 109 . All laws and parts of laws in conflict with this Act are hereby repealed. Repealer. Notice of Intention to Apply for the Passage of a Local Bill. Notice is hereby given that application will be made to the 1963 session of the General Assembly of Georgia for the passage of a local 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 Cuthbert in the County of Randolph and State of Georgia, 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

Page 3118

Acts of the General Assembly of Georgia; and for other purposes. This December 14, 1962. A'Delbert Bowen, Representative, Randolph County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, 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: Dec. 20, 27, 1962, Jan. 3, 1963. /s/ A'Delbert Bowen Representative, Randolph County Sworn to and subscribed before me this 22nd day of January, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved April 9, 1963. CITY OF FLOWERY BRANCHNAME CHANGED, ELECTIONS. No. 342 (House Bill No. 116). An Act to amend an Act incorporating the Town of Flowery Branch in Hall County, Georgia, approved March 30, 1937 (Ga. L. 1937, p. 1877), as amended, so as to change the name of the above-mentioned municipality from Town of Flowery Branch to City of Flowery Branch;

Page 3119

to require that all candidates for office shall qualify with the city clerk on or before 6 p.m. Eastern Standard Time ten days prior to the election; to provide for qualification for office; to provide for qualification fees; 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, Georgia, approved March 30, 1937 (Ga. L. 1937, p. 1877), as amended, is hereby amended by striking from said Act the words Town of Flowery Branch and the word town wherever they appear in said Act and substituting in lieu thereof the words City of Flowery Branch and the word city respectively. Name changed. Section 2. Said Act is further amended by striking section 9 in its entirety and substituting in lieu thereof a new section 9 which shall read as follows: Section 9. Be it further enacted, That all candidates for office must qualify for their respective elections with the city clerk of Flowery Branch on or before 6 p.m. Eastern Standard Time ten days before said election is to be held. There shall be a qualification fee of ten ($10.00) dollars to be paid by candidates for city council, and of fifteen ($15.00) dollars to be paid by candidates for mayor. These qualification fees shall be paid at the time of qualification. No person shall be eligible for any office under this Act who is not also eligible as a voter as hereinbefore set out in this Act. Elections. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Legislation. Notice is hereby given that application will be made to the 1963 session of the General Assembly of Georgia for the passage of an Act amending the charter of the Town of Flowery Branch by changing the name to the City of Flowery

Page 3120

Branch and to provide for qualifications and entrance fees for candidates for city offices. H. B. Reed, Mayor Town of Flowery Branch Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby, who, on oath, deposes and says that he is Representative from Hall County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Daily Times, which is the official organ of said county, on the following dates: January 8, 1963, January 15, 1963 and January 22, 1963. /s/ Howard T. Overby Representative, Hall County Sworn to and subscribed before me this 24 day of January, 1963. /s/ Amelia Smith Notary Public, Georgia, State at Large. My commission expires Oct. 19, 1964. (Seal). Approved April 9, 1963. CITY OF CALHOUNNEW CHARTER. No. 343 (House Bill No. 118). An Act to incorporate the City of Calhoun, Georgia, and to grant a new charter to said city; to organize the municipal government thereof; to prescribe the corporate limits; to regulate the sale or lease of city utilities, the grant of franchises, and the furnishing of certain utilities

Page 3121

outside the city limits; to prohibit certain practices; to provide for a mayor and aldermen and their function, authority, powers, duties, qualifications and election; to provide the power of veto and the manner of overriding the same; to provide for removal from office; to prescribe the corporate powers and authority; to regulate the appointment, qualifications, duties and authority of the officers and employees of the city, and their compensation; to provide for the authority of the mayor and aldermen over said officers and employees; to create certain boards, commissions and departments and provide for the creation and regulation of others; to prescribe procedures for the annexation of territory and the rights of residents in territory proposed to be annexed; to prescribe the qualifications of electors and voters, and the manner of holding elections in the city; to provide for the registration of voters; to prescribe the qualifications of candidates for municipal elections; to establish a recorder's court and provide for appointment of a recorder; to establish the jurisdiction, powers and duties of the recorder; to provide for public works improvements and the levy of assessments therefor; to provide for establishment of a fiscal year, a budget and an annual audit of finances; to authorize borrowing; to regulate appropriations and expenditures; to provide for ad valorem taxation; to provide for the taxing of occupations and other privileges; to prescribe the manner of collection of unpaid taxes and assessments; to prescribe the effect of this Act upon present officers of the city; to provide for the preservation of existing ordinances and laws not inconsistent with this Act, and that the provisions of this Act are severable; to prescribe punishments for the violation of this Act, and for the violation of ordinances and regulations enacted pursuant thereto; to repeal an Act incorporating the City of Calhoun, Gordon County, Georgia, approved August 20, 1918 (Ga. L. 1918, Act No. 518, p. 563), as amended; to repeal certain other Acts affecting said city; to repeal conflicting laws; and for other purposes.

Page 3122

Art. I. General Provisions , 1-11-8 Art. II. Mayor and Aldermen , 2-12-23 Art. III. City Officers, Employees and Boards , 3-13-21 Art. IV. Annexation of Territory , 4-14-12 Art. V. Elections , 5-15-15 Art. VI. Recorder's Court , 6-16-11 Art. VII. Taxation, Finance and Revenue , 7-17-18 Art. VIII. Miscellaneous , 8-18-7 Article I. General Provisions . Section 1-1. Incorporation; name, style and designation . The City of Calhoun, in Gordon County, Georgia, shall be and is hereby incorporated as a city under the name, style and designation of the City of Calhoun, hereinafter also referred to as the city. Section 1-2. City constituted body corporate and politic . From and after the passage of this Act the municipal government of the City of Calhoun shall constitute a body corporate, and by and in its name shall have perpetual succession, with power and authority to contract and be contracted with, to sue and be sued, to plead and be impleaded, to have and use a common seal; in law or equity to purchase, have hold and enjoy, receive, possess and retain to the city, through the mayor and aldermen and their successors in office, for the use and benefit of the City of Calhoun, in perpetuity or for any term of years any estate or estates, real or personal, of every kind and nature within or without the corporate limits, for corporate purposes; to have and to hold all property now belonging to the city either in its own name or the name of others to the use of said city for the purpose and intents for which the same was given, granted, dedicated or purchased; to use, manage and improve, sell, convey, rent or lease the same; and shall have like powers over property hereafter acquired, and shall succeed to all

Page 3123

the rights and liabilities of the present corporation. The city, through its mayor and aldermen shall have power to borrow money and give evidences of indebtedness for the same; to use bonds from time to time, and to do and perform all and every act and acts necessary or incidental to the raising of funds for the legitimate use of said city. It shall have the right, power and authority, through its mayor and aldermen, to govern by such rules, laws, by-laws, regulations, ordinances or other orders as said mayor and aldermen may deem proper, not in conflict with this charter, the Constitution and laws of this State or of the United States. Sec. 1-3. Organization of municipal government; legislative power . The municipal government of said city shall be vested in the mayor and four aldermen, who shall be elected at large, and such other officers, employees, boards and commissions as the mayor and aldermen may see fit to elect and appoint as hereinafter provided. Said mayor and aldermen shall constitute the legislative department of said city, and as such shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations and orders as may to them seem right and proper to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city and for preserving the peace, good order and dignity of said government. Any 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 Charter or by any Act or Acts heretofore passed, but shall be construed as in addition to and in aid of such powers that are not repealed by this Charter. Sec. 1-4. Corporate limits defined . The corporate limits of the city shall extend as follows:

Page 3124

Beginning at a point where the south line of land lot 228 of the 14th District and 3rd Section of Gordon County, Georgia intersects the westerly right of way of South Wall Street (U. S. Highway 41) at a point which is 175 feet south of the south line of Oak street as measured along the westerly line of South Wall Street; From said beginning point, running thence west along the south line of said land lot 228 and at all points 150 feet southerly from the south line of Oak Street and Oak Street extended as shown on that certain plat of South Park recorded in Deed Book R, pages 708 and 709 of the records of the Clerk of Superior Court, Gordon County, Georgia, a distance of 1330 feet, more or less, to a point where said south line of land lot 228 intersects the centerline of the N. C. and St. L. Railroad; Thence running N. 4 26[UNK] W. along the centerline of the N. C. and St. L. Railroad, a distance of 1201.15 feet, more or less, to a point, said point being referenced by a concrete monument which is N. 62 19[UNK] W, 47 feet from said point; Thence running N. 62 19[UNK] W. from the centerline of the said railroad, a distance of 2301.4 feet, more or less, to a point marked by a concrete monument on the southeasterly side of Pine Street at a point which is 765 feet, more or less, northeasterly as measured along the southeasterly line of Pine Street from an extension of the northerly line of Edmond Street; Thence running southwesterly along the southeasterly line of Pine Street, the Old Rome Road and the present Rome Road, a distance of 2000 feet, more or less, to the center of Oothcaloga Creek; Thence northwesterly along the center of Oothcaloga Creek, a distance of 2100 feet, more or less, to the point where said creek intersects the south line of land lot 207 of the said District and Section; Thence east along the south line of land lot 207, being the south line of the Raymond Bagwell property as shown on

Page 3125

that certain plat recorded in Plat Book 2, page 79 of the records of the Clerk of Superior Court, Gordon County, Georgia, a distance of 1315 feet, more or less, to the west line of Crest Drive; Thence north along the west line of Crest Drive and an extension of said Crest Drive, a distance of 1060 feet, more or less, to a corner of said Bagwell property as shown on said plat; Thence northwesterly along said Bagwell line a distance of 470 feet, more or less, to the southwest corner of the Lang and Moore Subdivision at the southwest corner of lot 50 of said subdivision, a plat of which is recorded in Plat Book 2, page 27 of the records of the Clerk of Superior Court, Gordon County, Georgia; Thence running east along the south line of said Lang and Moore Subdivision, a distance of 364 feet, more or less, to the west line of Harris Street, at the southeast corner of lot 12; Thence north along the west line of Harris Street, a distance of 509 feet, more or less, to the southeast corner of lot 22 of the said Lang and Moore Subdivision; Thence west along the south line of the said lot 22, a distance of 150 feet, more or less, to the southwest corner of said lot 22; Thence north along the west line of lot 22, continuing across Court Street and along the west line of lot 23 of said Lang and Moore Subdivision, a distance of 140 feet, more or less, to the northwest corner of said lot 23; Thence east along the north line of the said lot 23, a distance of 150 feet, more or less, to the west side of Harris Street; Thence north along the west line of Harris Street, a distance of 225 feet, more or less, to a point which is 25 feet

Page 3126

north of the southeast corner of lot 28 of the said Lang and Moore Subdivision; Thence west, parallel to the south line of said lot 28, a distance of 150 feet, more or less, to the west line of lot 28 of said subdivision; Thence south along the west line of said lots 27 and 28, a distance of 75 feet to the southeast corner of lot 70 of the said Lang and Moore Subdivision; Thence west along the south line of the said lot 70, a distance of 150 feet, more or less, to the east line of Yarborough Street; Thence north along the east side of Yarborough Street, a distance of 200 feet, more or less, to the north line of the said Lang and Moore Subdivision at the northwest corner of lot 67 of said subdivision; Thence east along the north line of said subdivision and said lot 67, a distance of 120 feet, more or less, to the southwest corner of the property formerly of Josephine Harris and now a part of the property of the Board of Education for the City of Calhoun as shown on that certain plat recorded in Plat Book 2, page 172 of the records of the Clerk of Superior Court, Gordon County, Georgia; Thence north along the line of the school property as shown on said plat, a distance of 350 feet, more or less, to a point; Thence easterly along the line of the said school property as shown on said plat, a distance of 130 feet, more or less, to a point; Thence southerly along the line of said school property as shown on said plat, a distance of 100 feet, more or less, to a point; Thence west along the line of the said school property as shown on said plat, a distance of 125 feet, more or less, to a point;

Page 3127

Thence north along the line of the said school property as shown on the said plat, a distance of 231 feet, more or less, to the south line of Line Street; Thence continuing north to a point on the north line of Line Street; Thence east along the north line of Line Street, a distance of 288 feet, more or less, to a point on the west line of land lot 191 of the 14th District and 3rd Section of Gordon County, Georgia, said point being the southwest corner of the Riverview Park Subdivision as shown on that certain plat recorded in Plat Book 1, page 127 of the records of the Clerk of Superior Court, Gordon County, Georgia; Thence running north along the west line of said land lot 191 and west line of the said Riverview Park Subdivision, a distance of 1400 feet, more or less, to a point where said west line of land lot 191 intersects the center of the Oostanaula River; Thence easterly following the center of the Oostanaula River, a distance of 950 feet, more or less, to a point where the westerly line of River Street (State Highway 143), if projected would intersect the center of said river; Thence northerly along the westerly right of way of River Street (State Highway 143), as shown on that certain plat of the Dean Hayes and Julian Fain Farm, as recorded in Plat Book 2, page 257 of the records of the Clerk of Superior Court, Gordon County, Georgia, a distance of 1300 feet, more or less, to a point where said westerly right of way intersects the north line of land lot 191 in said District and Section; Thence east following the north line of the said land lot 191, a distance of 1300 feet, more or less, to the center of the Oostanaula River; Thence southerly and southwesterly following the center of the said river, a distance of 1350 feet, more or less, to a

Page 3128

point where the east right of way of River Street (State Highway 143), if projected would intersect the center of the said Oostanaula River; Thence northeasterly in a straight line, a distance of 2900 feet, more or less, to a point in land lot 192 of said District and Section, said point described as being on a projection of the north line of Nelson Street, 443.3 feet northwesterly from the center of North Wall Street; Thence southeasterly along a projection of the north line of Nelson Street and along the north line of Nelson Street, a distance of 443.3 feet to the center of North Wall Street; Thence northeasterly along the center of North Wall Street, a distance of 274.4 feet, more or less, to a point, said point being 294.4 feet northeasterly from the center of Nelson Street; Thence southeasterly on a straight line, a distance of 950 feet, more or less, to a point where the northerly line of lot 9 of the Erwin Addition to Calhoun intersects the southeasterly side of Red Bud Road, a plat of said Erwin Addition being recorded in Plat Book 1, page 125 of the records of the Clerk of Superior Court, Gordon County, Georgia; Thence southeasterly along the northeasterly line of lot 9 of said Erwin Addition, a distance of 340 feet, more or less, to the northeast corner of said lot 9, and to the property of Jule C. Neal, a plat of the said Jule Neal Property being recorded in Plat Book 3, page 20 of the records of the Clerk of Superior Court, Gordon County, Georgia; Thence south and southwesterly along the east line of the said Erwin Addition and the west line of the said Jule C. Neal Property, a distance of 730 feet, more or less, to the southeast corner of lot 2 of said Erwin Addition; Thence continuing southwesterly along the easterly line of the said Erwin Addition and a projection thereof and following the westerly line of the said Jule C. Neal property,

Page 3129

a distance of 195 feet, more or less, to the northwest corner of the property of Wallace L. Burton; Thence southeasterly along the line dividing the said Burton property and the said Neal property as shown on the said plat of the Jule C. Neal property, a distance of 220 feet, more or less, to the westerly line of Pisgah Way; Thence southeasterly, perpendicular to and across Pisgah Way, a distance of 50 feet, more or less, to a point on the easterly line of the said Pisgah Way; Thence southwesterly following the easterly line of Pisgah Way, a distance of 368 feet, more or less, to a point, said point being located 250 feet north of the north line of Buena Vista Road and 60 feet north of the northwest corner of lot 26 of the Buena Vista Heights Subdivision as shown on that certain plat recorded in Plat Book 1, page 101 of the records of the Clerk of Superior Court, Gordon County, Georgia; Thence southeasterly, parallel to Buena Vista Road a distance of 200 feet to a point; Thence southwesterly, parallel to Pisgah Way and along an extension of the east line of lot 29 of the said Buena Vista Heights Subdivision and along the east line of the said lot 29, a distance of 100 feet to a point; Thence southeasterly, parallel to and 150 feet northerly from Buena Vista Road, a distance of 100 feet to the east line of lot 31 of said Buena Vista Heights Subdivision; Thence southwesterly along the east line of the said lot 31, a distance of 150 feet to the northerly line of Buena Vista Road; Thence southeasterly along the northerly line of Buena Vista Road a distance of 114 feet, more or less, to the easterly line of Boulevard Road (formerly North Street); Thence southerly along the easterly line of Boulevard

Page 3130

Road a distance of 35 feet, more or less, to the northwest corner of lot 22 of the said Buena Vista Heights Subdivision; Thence northwesterly along the northerly line of the said lot 22, a distance of 200 feet, moer or less, to the northeast corner of said lot 22; Thence southerly along the east line of lots 22, 23, 24 and 25 of said Buena Vista Heights, a distance of 200 feet, more or less, to the southeast corner of the said lot 25; Thence northeasterly along the southerly line of the property of Jule C. Neal as shown on the said plat of the Neal property and being along the northerly line of the property now or formerly owned by F. G. Abbott and along the northerly line of the Hunt Subdivision, a plat of which is recorded in Plat Book 3, page 35 of the records of the Clerk of Superior Court, Gordon County, Georgia, a distance of 2500 feet, more or less, to a point on the west side of Barrett Road and at the northeast corner of lot 18 of said Hunt Subdivision; Thence south along the west side of the Barrett Road, a distance of 1150 feet, more or less, to the south line of land lot 193 at the southeast corner of lot 38 of said Hunt Subdivision; Thence west along the south line of land lot 193, being the south line of the said Hunt Subdivision, a distance of 1500 feet, more or less, to a point where the west line of the College Heights Subdivision if extended would intersect the said south line of land lot 193, a plat of said College Heights Subdivision being recorded in Plat Book 1, page 15 of the records of the Clerk of Superior Court, Gordon County, Georgia; Thence south along a line which is a projection of the west line of said College Heights Subdivision and along said west line of College Heights Subdivision a distance of 1000 feet, more or less, to the north side of the Dews Pond Road

Page 3131

at the southeast corner of lot 85 of said College Heights Subdivision; Thence continuing south across the said Dews Pond Road, a distance of 40 feet, more or less, to the south line of said Dews Pond Road; Thence westerly along the south line of Dews Pond Road, a distance of 80 feet, more or less, to a point being on a projection of the east line of that certain tract of land shown as the T. E. Reeve property on a plat recorded in Plat Book 2, page 171 of the records of the Clerk of Superior Court, Gordon County, Georgia; Thence south along a projection of the east line of the said T. E. Reeve property, a distance of 200 feet, more or less, to the northeast corner of said Reeve property as shown on said plat; Thence southerly along the east line of said Reeve property as shown on said plat, a distance of 693 feet, more or less, to the southeast corner of said Reeve property; Thence westerly along the southerly line of said Reeve property as shown on said plat, a distance of 494 feet, more or less, to the east line of the Valley View Subdivision as shown on a plat recorded in Plat Book 2, page 236 of the records of the Clerk of Superior Court, Gordon County, Georgia; Thence south along the east line of the Valley View Subdivision, a distance of 755 feet, more or less, to the south line of land lot 204 of said District and Section at the southeast corner of said Valley View Subdivision; Thence east along the south line of the said land lot 204 and being along the north line of the Woodland Hills Subdivision as shown on a plat recorded in Plat Book 2, page 196 of the records of the Clerk of Superior Court, Gordon County, Georgia, a distance of 484 feet, more or less, to the northeast corner of said Woodland Hills Subdivision;

Page 3132

Thence southwesterly along the easterly line of the said Woodland Hills Subdivision, a distance of 1744 feet, more or less, to the southeast corner of said subdivision; Thence west along the south line of said Woodland Hills Subdivision, a distance of 971 feet, more or less, to the east line of the Cherry Hill Subdivision as shown on a plat recorded in Plat Book 3, pages 28 and 29 of the records of the Clerk of Superior Court, Gordon County, Georgia; Thence south along the east line of the said Cherry Hill Subdivision, a distance of 1000 feet, more or less, to the southeast corner of said subdivision as shown on said plat; Thence west along the south line of said subdivision, a distance of 111 feet, more or less, to a point as shown on said plat; Thence south along the line of said subdivision as shown on said plat, a distance of 10 feet, more or less, to a point; Thence west along the south line of said subdivision, a distance of 192 feet, more or less, to the east line of Cherry Hill Drive as shown on said plat; Thence southerly along the east line of said Cherry Hill Drive, a distance of 340 feet, more or less, to the north line of Peters Street; Thence running northwesterly along the northerly line of Peters Street, a distance of 760 feet, more or less, to the point where said northerly line of Peters Street intersects the northeasterly line of South Wall Street; Thence northwesterly along the northeasterly line of South Wall Street, a distance of 60 feet, more or less, to a point where the northeasterly line of said South Wall Street intersects the south line of land lot 228 of the 14th District and 3rd Section of Gordon County, Georgia; Thence west along the south line of the said land lot 228 and across South Wall Street, a distance of 70 feet, more or

Page 3133

less, to the southwest line of South Wall Street and the point of beginning. Excepting and Reserving from the above described city limits the following lands; All that part of land lot 228 of the 14th District and 3rd Section of Gordon County, Georgia more particularly described as follows: Beginning at a point on the east side of Victory Drive at the northwest corner of the property of Roy O. Pass, Jr. as described in Deed Book 33, page 424 of the records of the Clerk of Superior Court, Gordon County, Georgia; Thence east along the north line of the said Roy O. Pass, Jr. property, a distance of 345 feet, more or less, to the west line of the Cherry Hill Subdivision as shown on a plat recorded in Plat Book 3, pages 28 and 29 of the records of the Clerk of Superior Court, Gordon County, Georgia; Thence north along the west line of Cherry Hill Subdivision and along the west line of lot 51 of the Valley View Subdivision as shown on a plat recorded in Plat Book 2, page 236 of the records of the Clerk or Superior Court, Gordon County, Georgia, a distance of 2470 feet, more or less, to the south line of Hillcrest Drive; Thence west along the south line of Hillcrest Drive and the southeast side of Victory Drive, a distance of 350 feet, more or less, to the northwest corner of the property of the Estate of Mrs. Anna V. Wise as described in Deed Book 12, page 468 of the records of the Clerk of Superior Court, Gordon County, Georgia; Thence south along the west line of the said Estate of Mrs. Anna V. Wise, a distance of 2000 feet, more or less, to the point where said line intersects the easterly line of Victory Drive; Thence south along the east line of Victory Drive, a distance of 400 feet, more or less, to the northwest corner of

Page 3134

the aforementioned property of Roy O. Pass, Jr., and the point of beginning. Sec. 1-5. Sale, lease of city utilities, franchises for use of streets; election required; expense of election . No contract for the sale or lease of the system of waterworks or lighting system owned by the City of Calhoun, nor any franchise for the use of any street or other passageways, or easements for water or electric-light purposes or any other system of public works hereafter acquired by the city, shall be entered into, granted, renewed or extended between the City of Calhoun and any person, firm or corporation, except by ordinance which must be authorized and approved by a majority of the registered voters voting thereon at a general or special municipal election, at which the question to be submitted to the voters shall be printed in appropriate form on such ballot. The said general and special municipal election shall not be held in connection with, or upon the same day as any state, county or congressional election or primary. If an election is held under this section, the expenses thereof shall be paid by the person, firm or corporation seeking such franchise, and the payment of said expense must be secured to the satisfaction of the mayor and aldermen of said city before such election is held. Sec. 1-6. Contracts to furnish light and water outside the city limits . The mayor and aldermen of said city, or the water and light commission or either, shall have the right to make contracts with persons, firms or corporations residing beyond the limits to furnish them with light and water, or either, whenever the same can be done without interfering with the efficient supply of light and water to the inhabitants of the city. Sec. 1-7. Subpoena power . The mayor and aldermen, 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 those specially authorized by law or ordinance) shall

Page 3135

have the power and authority to compel the attendance of witnesses and the production of relevant and admissible documents in proper cases, and failure or refusal of any person to attend as a witness or to produce pertinent documentary evidence within his possession, custody or control when notified or called upon to do so in a proper case, shall constitute a violation of this section and be punishable as such. Sec. 1-8. Personal profit, nepotism prohibited in city offices . No officer or employee of the city or member of a board or commission herein provided for shall be interested directly or indirectly in any contract made with the city, or receive any profit or emolument for any purchase or sale of material or other articles sold to the city, or paid for out of the public revenues of the city, and nepotism in any board or office is forbidden. Article II. Mayor and Aldermen . Sec. 2-1. Mayor constituted chief executive officer of the city; function, authority, duties . The mayor shall be the chief executive officer of the city and shall have general supervision over its affairs. He shall sign all deeds and contracts, except deeds made for property sold under execution at public sale, which shall be signed by the clerk of the city. He shall be clothed with veto power as hereinafter set out. It shall be his duty to see that the laws and ordinances of the city are faithfully carried out and executed within the city. He shall keep the board of aldermen advised from time to time of the general condition of the city, and shall recommend such measures as he may deem necessary or expedient for the welfare of the city. He shall preside over the meetings of the board of aldermen, and may call them together at any time when deemed necessary by him. He shall devote all the time necessary to the discharge of his duties. Sec. 2-2. Vacancy in office of mayor or alderman . In the event the office of the mayor or any alderman shall become vacant by death, removal, disqualification, resignation or other cause, the mayor pro tem, or the aldermen, if

Page 3136

both said offices should be vacant, shall order an election of which at least ten days' written notice shall be given, by publication in the official newspaper used for publication of legal notices and by posting the notice at three public places in said city, to fill the vacancy or vacancies for the unexpired term or terms. Sec. 2-3. Oath of office of mayor and aldermen . Before entering upon the discharge of their respective offices the mayor and aldermen shall each make and subscribe the following oath: I do solemnly swear that I will faithfully discharge all duties devolving on me as mayor (or alderman, as the case may be) of the City of Calhoun during my continuance in office, according to the best of my ability and understanding, so help me God. The oath of the mayor shall be administered by the outgoing mayor or, in his absence or refusal to administer such oath, by the city clerk. The oath of the aldermen shall be administered by the mayor. All of said oaths shall be entered upon the minutes of the city. Sec. 2-4. Veto of ordinances and resolutions; overriding veto . Every ordinance and resolution passed by the board of aldermen shall be subject to veto by the mayor in the following manner: The mayor shall within three days write out his objections to such ordinance or resolution, and the board of aldermen, at the next regular meeting at which a quorum shall be present, shall order said objections entered on the minutes and vote on the question as to whether said ordinance, resolution or other action shall become adopted over said veto. Should as many as three aldermen vote in the affirmative, said resolution and ordinance 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. Sec. 2-5. Provisions of Charter constitute defense for acts of mayor and aldermen in pursuance thereof . The provisions of this Charter may be pleaded and shall be a defense

Page 3137

to any action brought against the mayor and aldermen, or either, when the acts of the mayor and aldermen are in accordance with ordinances properly passed in pursuance thereof. Sec. 2-6. Penalty for violation or neglect of duties of office . Should the mayor or any member of the board of aldermen be guilty of malpractice in office, or wilful neglect of his office, or abuse of the powers conferred upon him, or shall be guilty of any other act or acts or general conduct unbecoming an officer of the City of Calhoun, he shall be impeached by the board of aldermen and upon conviction shall be removed from office. Sec. 2-7. Compliance with state and federal law, required . The mayor and aldermen shall pass all ordinances and regulations for the government of said city, the protection of life and property, the maintenance of public places and the protection of public health, provided the same are not repugnant to the Constitution and laws of the State or of the United States, and prescribe and enforce penalties for the violation of the same. Sec. 2-8. Authority to codify ordinances; true copy to be competent evidence . In addition to the powers conferred by other provisions of this Charter or by general law of the State of Georgia, the mayor and aldermen shall have the power and authority to provide for codification of all ordinances, rules or regulations of the city, and the adoption of such codification by ordinance. A copy of such codification, when certified by the city clerk as being a true copy, shall be received in evidence in all courts of the State of Georgia. Sec. 2-9. General powers . In addition to the powers conferred by other provisions of this Charter, the mayor and aldermen shall have power and authority to remove or cause to be removed, all buildings, porches, steps, fences, or other obstructions or nuisances in public streets, lanes, alleys, sidewalks, squares, parks or other public ways in said city. They shall have power to designate certain streets or places for the conduct of certain business; to regulate pens, slaughterhouses, blacksmith shops, tenneries, livery stables, forges,

Page 3138

stoves and chimneys, steam mills, steam grist mills, mill ponds, oil mills, fertilizer plants, ginneries, fish ponds, warehouses, hacks, drays, automobiles, bicycles, motorcycles and other vehicles. They shall have power to fill up all open cellars, or excavations in said city, or cause the owners to do so; to condemn and remove, or cause to be removed, all dilapidated or unsafe structures which they may consider a nuisance or dangerous to the health or lives of the people of the city; to abate, or cause to be removed, anything that constitutes a nuisance, or is injurious or deleterious to the health or lives of the people of the city. They shall also have the right to condemn property for public purposes, as provided by the laws of this State. Sec. 2-10. Zoning powers . The mayor and aldermen, in the interest of the public health, safety, order, convenience, comfort, prosperity and general welfare, shall have the power to adopt by ordinance a plan or plans for the districting or zoning of the city to regulate the location, height, bulk, number of stories and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts and other open spaces, the density and distribution of population, and the uses of buildings, structures and land for trade, industry, residence, recreation, agriculture, forestry, conservation, water supply, sanitation, protection against floods, public activities and other purposes. Such plan and the regulations adopted thereunder shall be made with reasonable consideration of the character of the district and its peculiar suitability for particular uses, and with a view to promoting desirable living and working conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of buildings and property, and encouraging the most appropriate use of land and of buildings and structures throughout the city. 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 aldermen shall deem best suited to accomplish the purpose of the regulations. In the determinations and establishment of districts and regulations, classification

Page 3139

may be based upon 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 purposes of the regulations. The mayor and aldermen may provide by ordinance for a zoning commission composed of not more than five members, to be selected by the mayor and aldermen, prescribe its powers and duties and provide for a method of appeal from the findings of said zoning commission. Said mayor and aldermen may also create a board of zoning appeals composed of not more than five members to be selected by the mayor and aldermen, which shall hear appeals from the findings of the zoning commission, and prescribe its powers and duties and provide for the right of certiorari from said board of zoning appeals to the Superior Court of Gordon County. Sec. 2-11. Sanitary regulations; enactment, scope, enforcement; right of entry to inspect, condemn property . The mayor and board of aldermen shall have power and authority over and absolute control of all pipes, sewers and private drains in said city, and power and authority to prescribe their location, structure, use and preservation, and to make such regulations concerning them in all particulars as may seem best. They shall have power and authority to prescribe the kind of water closets, urinals or other receptacles or drains for water or other fluids or substances to be used within the city, and to condemn and destroy any water closet, urinal or other receptacle or drain now in use or hereinafter to be constructed and put in use, which does not conform to and is not of the kind prescribed for use by the ordinances and rules of the city, and which may be detrimental to the health of the city. They shall also have power and authority to compel all property owners to connect water closets and urinals, or other receptacles or drains, on the premises of the said

Page 3140

property owners, with the sanitary sewers of said city under such rules and regulations as may be prescribed. If such property owner shall fail to connect any water closet, urinal or other receptacles or drains as aforesaid, within the time and in the manner prescribed, then the city may cause said work to be done and connections to be made, and provide all necessary material therefor and assess the costs of the same against the property owner and the porperty so improved, which assessment shall be a first lien on said real estate, superior to all other liens except liens for taxes. The city clerk shall levy the same on the said real estate in the same manner as sheriffs' sales under judgment and execution. The officer making said sale shall execute to the purchaser a deed to the property so sold, which shall pass the title thereto as fully and completely as sheriffs' deeds under sale made by judgment and execution, and shall proceed at once to dispossess the owner thereof and put the purchaser summarily in possession. The city shall arrest and prosecute the owners of said property before the recorder's court of the city for maintaining a nuisance, in connection with which the city shall have the right, power and authority to enter upon the premises of anyone, after notice, to inspect water closets, urinals and other drains and pipes, to remove the same whenever condemned, and to inspect the connections and fixtures necessary to connect the same with the sanitary sewers of the city, without being deemed a trespasser or becoming responsible as such to the owner or tenant. Section. 2-12. Regulation of drainage; enforcement by execution . The mayor and aldermen shall have the power to cause the owner or owners of lots within the city to drain the same, or to fill the same to the level of the streets or alleys on which said lots abut; to cause the owner or owners of cellars holding water to cause the same to be drained thereof or filled up if necessary; to compel property owners to make proper connections of drain pipes to storm sewers and gutters or other street waterways, and to pass such ordinances regulating the same as they may deem necessary. Whenever the owner of any such property shall refuse or fail, after a reasonable notice to him or his agent, or to the

Page 3141

tenant in possession of said premises to comply with the requirements of said mayor and aldermen within the period prescribed for such notice, it shall be lawful for the city to cause the same to be done at the owner's expense, and for the amount so expended the clerk of the city shall issue an execution against said owner to be collected from said property belonging to him, and a sale under said execution by the city clerk shall pass title to the property as fully and completely as a sale by the sheriff under judgment and execution. Sec. 2-13. Laying out, vacating, paving, maintaining and improving public streets and ways . (a) The mayor and aldermen of the City of Calhoun shall have the power and authority to open, lay out, widen, straighten or otherwise change the streets, avenues, alleys, sidewalks, crossings or other passageways of said city, and shall have the power to vacate, close up, open, alter, grade and fill, curb, pave, drain and repair the same. They shall have power and authority to prescribe such rules and regulations for laying out, constructing and maintaining the same, and the power of curbing and paving the whole of any street, avenue, alley, sidewalk, crossing or other passageways of the city. They shall also have power to prescribe by ordinance for the curbing and paving of all squares, triangles and intersections of said city; they shall prescribe the kind of material to be used in such construction, and shall fix the time when notice shall be given and when the work shall be completed, shall supervise the construction of the same and reject any work not performed in compliance with such prescribed regulations. They shall have power and authority to require any street, avenue, alleys, sidewalk, street crossing and railroad crossings, or other passageways to be paved in such manner and with such material as they may determine by resolution or ordinance. No more than one-third of the expense of paving streets shall be borne by the city and the other two-thirds of such expense by the abutting property owners in just proportion to the foot frontage of their property thereon. (b) Whenever the mayor and aldermen shall deem it

Page 3142

proper to pave or improve any of the streets, lanes or alleys of said city, they shall have a survey made and plans and specifications and estimates of the cost of the improvements contemplated and shall establish the grades of the streets to be improved and locate the sewers and water mains therein. (c) Upon the completion of the paving of one or more streets, alleys or lanes, or upon the completion of one or more section of pavement between the same, the mayor and aldermen shall ascertain the proportionate cost of such pavement including street intersections, headers, curbing and intakes, with or without including sidewalks, and with or without including such sewers as they may construct in connection with said paving, chargeable to abutting property owners or other persons using or occupying said streets, and shall cause its clerk to give written notice of the result thereof to such abutting owners or other persons setting forth the amount of assessments which shall be immediately due and payable. A copy of said notice shall be served on the owner or occupant thereof by any officer of the city and return thereof made upon the original, which original shall be kept in the clerk's office and recorded upon the minutes together with the entry of service thereon, and the city shall proceed immediately to collect the amount set out in said notice and pay the money over to the city treasurer to be paid out to contractors or transferees for material or work on account of such pavement. (d) A special lien shall be created on and against the land of abutting owners, and on and against the land of other persons for paving assessments made against them, and on failure to pay the full amount of such assessment in cash within thirty days after the service of such notice, the mayor and aldermen shall by the clerk cause execution to be issued against such abutting owners or others for the amount of such assessment or assessments, bearing seven per cent interest from the date of such notice. (e) All executions to be issued under this section shall be levied and collected as tax executions in favor of said city are levied and collected.

Page 3143

(f) Should any abutting property owner, or other person desire to contest the amount of an assessment or the legality of any proceeding growing out of or connected with paving a street of the city, he may do so by filing with the levying officer an affidavit of illegality, and stating therein the cause of such illegality and the amount which he admits to be due, which amount shall be paid to the levying officer before the affidavit shall be received. The affidavit shall be returned to the Superior Court of Gordon County and there tried and determined as in other cases of illegality, subject to the penalties provided as in cases of illegality filed for delay. Sec. 2-14. Street paving; registration; taxation . The mayor and aldermen of said city shall pass all ordinances necessary to effect the purposes and intent of section 2-13 as are deemed to the best interest of the city and which shall not be conflict with the Constitution and laws of the State of Georgia. The mayor and aldermen of the city shall levy and collect an ad valorem tax, or a special street tax, upon all property, real or personal, within the city limits for the purpose of paying the city's share of the paving expenses referred to in section 2-13, which said tax shall be collected in the same manner as is provided elsewhere in this charter for the enforcement and collection of taxes. Sec. 2-15. Regulation of railroad trains, street cars . The mayor and aldermen shall have full power and authority to regulate the operation of all railroad trains within the city limits and to prescribe the manner in which same may be operated and the rate of speed of the same. Sec. 2-16. Licensing, control of business and other activities . The mayor and aldermen shall have power to license all businesses, trades, callings, occupations, professions and activities in said city and fix the license fees for the same by ordinance. Sec. 2-17. Handling alcoholic beverages . The mayor and aldermen shall have the power and authority by ordinance

Page 3144

to prohibit, regulate or license the sale, possession, distribution, manufacture or consumption of spirituous, vinous, malt or intoxicating liquors within the city, and may abate violations of such ordinances as nuisances. The policemen of the city shall have the authority to enter, and if necessary to break open and enter, any premises in the city which the mayor and aldermen may have reasonable cause to believe, or may suspect to be, a place where spirituous, vinous, malt or intoxicating liquors are sold, possessed, distributed, manufactured or consumed in violation of law or of any ordinance of the city, and to seize the stock thereof and any machinery, equipment or apparatus used in connection therewith. Upon conviction of any person for maintaining a nuisance, as above stated, and as a punishment for same, the mayor and aldermen shall be empowered to cause the police department of the city to destroy the stock of liquors so seized and the machinery, equipment or apparatus used in connection therewith, in addition to any other penalty which may be imposed upon the offender for violation of the laws of the city. Sec. 2-18. Suppression of crime; recorder's court . The mayor and aldermen of the City of Calhoun shall have power and authority to pass all laws and ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of the business of the recorder's court, and all other ordinances that they may deem necessary to preserve order and to suppress crime, not in conflict with the Constitution and the laws of the State of Georgia. Sec. 2-19. Guardhouse; establishment authorized; purpose . The mayor and aldermen shall have authority to establish a guardhouse or prison, and provide regulations for the same, in which to confine for punishment when necessary, persons sentenced by the recorder for violating any city law or ordinance, or any penal section of this Charter, and for the detention of all persons committing or attempting to commit crimes; and any policeman of the city shall have the right to confine such persons in the guardhouse to await their trial.

Page 3145

Sec. 2-20. Workgangs authorized . The mayor and aldermen of the City of Calhoun shall have power to organize one or more workgangs and confine therein persons who have been sentenced by the recorder's court of the City of Calhoun, to work upon the streets or public works of said city; and shall have the power to make rules and regulations that may be suitable or necessary for the care, management or control of such workgang, and to enforce same through its proper officer. Sec. 2-21. Regulation of animals at large . The mayor and aldermen shall have power and authority to prevent animals from running at large and to take up and impound any animal found at large within the city, to provide for the redemption of or sale of the same, and to enact such laws and ordinances as are necessary to carry out the provisions of this section. Sec. 2-22. Keeping of combustibles and explosives; erection of buildings . The mayor and aldermen shall have power to regulate the keeping of gunpowder, gasoline and other combustibles and explosives, to make regulations for guarding against fires, and to fix and establish fire limits and from time to time change, enlarge or restrict the same; to regulate the kinds of buildings to be erected, and the material and construction thereof; and to grant or refuse permits for all kinds of buildings and other structures to be erected in said city. Sec. 2-23. Places of worship and burial; regulation of interments . The mayor and aldermen shall have power and authority to protect places of worship, to provide places for burial and to regulate interments. Article III. City Officers, Employees and Boards . Sec. 3-1. Mayor pro tem; selection . The mayor and aldermen shall elect at its annual organization meeting, a mayor pro tem. from the aldermen, whose duty it shall be to act in all cases as the mayor in the absence, disqualification or sickness of the mayor, during which time he shall be clothed with all necessary powers of the mayor.

Page 3146

Sec. 3-2. City clerk, treasurerSelection, terms of office . The city clerk and treasurer shall be selected by the mayor and aldermen, and shall hold office at their pleasure, and until their successors are elected and qualified. Sec. 3-3. SameRemoval . Any of the officers in section 3-2 may be removed at any time by a majority vote of the mayor and aldermen for neglect of duty, incapacity or malfeasance in office. Said officers shall be governed by such rules and regulations as may be prescribed by the mayor and aldermen which are not inconsistent with this Charter. The mayor shall have the authority to suspend any officer temporarily, in his discretion, until the next regular meeting of the mayor and aldermen, when such officer shall be given a trial. Sec. 3-4. SameOath; duties of treasurer . The city clerk and treasurer of the City of Calhoun shall take and subscribe an oath before the mayor that he will, to the best of his ability, faithfully perform the duties of his office, without favor or partiality. It shall be the duty of the treasurer to receive and disburse all moneys of the city, upon proper orders, and he shall make itemized reports of all receipts and disbursements and submit the same to the mayor and aldermen whenever called upon by them to do so. Sec. 3-5. City clerk; duties enumerated . The city clerk shall be clerk of the board of aldermen, shall attend all meetings of the mayor and aldermen, and the recorder's court, and keep the minutes, books and files of each; shall collect all fines, taxes and other money due the city; shall attend to the issuance of all licenses and permits; shall sign and issue all executions and other writs and processes for the collection of taxes due the city; and shall perform such other duties as may be required of him by the mayor and aldermen. He shall also attend all meetings of the board of health of said city, and keep the minutes, books and files of the same. The duties required herein to be performed may be performed by a representative designated by the city clerk.

Page 3147

Sec. 3-6. Police force constituted; terms; removal from office; compensation; powers and duties . There shall be a police department of said city which shall consist of a chief of police and such other officers and men as the mayor and aldermen may prescribe. Their term of office shall be at the pleasure of the mayor and aldermen and they may be discharged or suspended at any time by the mayor and aldermen, after trial, for neglect of duty, incapacity, conduct unbecoming an officer or other like offense, when in their judgment it is best for the good of the service or the interest of the city. The chief and the officers of the police department shall preserve the peace of the city and shall have power and authority to arrest all persons within said city guilty or charged with violating any of the laws of the State, or laws and ordinances of the city, and all persons committing or attempting to commit any crime against the laws of the State or ordinances of the city. They shall have power and authority to confine all persons arrested in the city prison or in the common jail of Gordon County and bring them before the recorder's court for trial or commitment; provided, however, that all persons desiring to give bail for their appearance before the recorder's court in bailable cases, shall be allowed to do so. Sec. 3-7. Chief of police; vacancy in office . In case of the death, resignation or removal from office of the chief of police, the mayor, or in his absence the mayor pro tem., and in his absence the board of aldermen, shall appoint some person to perform the duties of the chief of police until the next regular meeting of the aldermen, when the mayor and aldermen shall elect a successor. Sec. 3-8. Fire department constituted; selection, duties, terms of personnel; rules, regulations . There shall be a fire department which shall consist of a chief and other officers and men thereof, who shall be selected by the mayor and aldermen and whose duties shall be prescribed by said mayor and aldermen. They shall have power to suspend or remove any of the members thereof whenever they shall deem it necessary or proper for the well-being and efficiency of the

Page 3148

department. They shall have power to fix all rules and regulations for the general government and management of the department, and fix the salaries of the members thereof. The members of the fire department shall be elected to serve at the pleasure of the mayor and aldermen, and may be removed or suspended as provided for police officers. Sec. 3-9. City attorney; term, duties, compensation . The office of the city attorney is hereby created and established. Said attorney shall be elected by the mayor and aldermen of said city and shall hold his office for a term of one year and until his successor is elected and qualified. His duties shall be prescribed from time to time by the mayor and aldermen. He shall represent the interest of the city in all courts, and shall attend the sessions of the mayor and aldermen when they request. His salary or compensation for any service shall be fixed by the mayor and board of aldermen. Sec. 3-10. Selection of officers and employees . In addition to the officers, employees and boards provided for in this Charter, the mayor and aldermen shall have power and authority to elect or appoint for such time as in their judgment may seem best, such officers, agents, superintendents, street overseers, draftsmen or other personnel for the carrying out of the provisions of this Charter and the functioning of the government of the City of Calhoun, and to prescribe their duties and fix their compensation. Sec. 3-11. Salaries of officers, employees . The mayor, aldermen, recorder and other officers and employees of the city shall be paid such salaries for their services as may be fixed each year by the mayor and aldermen to apply to the ensuing fiscal year; provided, however, that the salary of the mayor shall be not less than one thousand two hundred dollars ($1,200.00) per annum, payable monthly, and the salaries of the aldermen shall be not less than six hundred dollars ($600.00) per annum, payable monthly; provided further, that the salaries payable to the mayor and aldermen shall not be increased or diminished during the year. Sec. 3-12. Retirement pensions; eligibility, amount . The mayor and aldermen shall have the authority to provide that

Page 3149

any officer or employee of the City of Calhoun who has been employed by said city for thirty (30) years or longer may retire from his present position of employment upon thirty days' notice of such action to the clerk of said city and will be entitled to a retirement pension, payable monthly from the general funds of said city, in the amount of sixty (60) per cent of the highest monthly pay he received during his employment by said city. Sec. 3-13. Board of health; constituted; membership, compensation; powers . There shall be a board of health for said city, to consist of the mayor, the superintendent of the public schools, one licensed physician, and one citizen to be appointed by the mayor, whose appointment shall be confirmed by the board of aldermen. Said members shall hold office for one year and until their successors are appointed and qualified. The citizens appointed on said board of health shall hold no other municipal office during their terms as a member of the board of health. The mayor and board of aldermen shall appoint such other citizen to serve on the said board of health as they may deem necessary. The mayor and board of aldermen shall prescribe rules and regulations for said board, shall prescribe the duties of the members and the times they shall meet, and shall fix the salaries of the members who shall be appointed on said board; but the mayor shall serve on said board for no additional salary. Said board shall have full power to institute and enforce all sanitary measures necessary to the preservation of the public health and likewise for the prevention of infectious and contagious diseases of all kinds. They shall likewise exercise absolute power over the subject of quarantine, and from time to time recommend to the mayor and aldermen the passage of such ordinances, rules and regulations for the general health and sanitary betterment of the city as they may deem necessary for the good health of the city. They shall also have power to inspect foods, milk, fruit and other things sold in said city, and report to the mayor and aldermen all persons selling any impure articles, and the mayor and aldermen shall provide a penalty for all persons

Page 3150

so offending. The said board of health shall look after the general sanitary condition of the city and shall report any nuisance likely to endanger the health of the city, or any neighborhood or place, and the mayor and aldermen upon the advice of the board of health shall enforce all sanitary rules and regulations, shall abate all nuisances and enforce all ordinances for the general health of the city, and prescribe penalties for violation of the same. Sec. 3-14. Establishment of park commission . The mayor and aldermen shall have the power and authority to appoint a park commission and shall prescribe the manner of election, terms of office, duties and compensation of the same. Sec. 3-15. Public library; board of trustees; appropriations; reports . The mayor and board of aldermen shall have power and authority to appropriate from year to year such sums of money for the support of the public library as they may deem best for the interest of the city. Said library shall be managed and controlled by a board of trustees to be selected by the mayor and board of aldermen, and to consist of such number of citizens as the mayor and board of aldermen shall determine. The trustees shall be elected for a term of one year, and shall be elected by the mayor and aldermen at the organization meeting each fiscal year. The sum of money appropriated, together with all other appropriations for the support of the library, shall be turned over to and shall be disbursed by said board of trustees, who shall render a full and accurate statement to the mayor and board of aldermen quarterly, showing the purpose for which said funds have been expended. The city clerk shall be the disbursing medium for the board of trustees, keeping a record of same. Sec. 3-16. Public works systems; boards of commissioners; membership, terms, compensation; powers, duties . The mayor and aldermen shall have the power to establish by ordinance a board or boards of commissioners for the operation, maintenance, regulation, acquisition, extension or improvement of gas, water or light plants, or any other system or systems of public works of the same or similar nature, which the city may now or at any time hereafter

Page 3151

own or operate. The city may establish one such board to operate more than one, or all, such public works system or systems. Said board or boards when so established shall each consist of at least three members, none of whom shall be the mayor or any aldermen, who shall be elected for one year and until their successors are elected and qualified. The manner of election shall be prescribed by ordinance, provided the commissioners are freeholders of the City of Calhoun. All vacancies shall be filled by appointment by the mayor and aldermen for the balance of the unexpired term. When created, said board or boards shall be vested with power and authority to maintain, extend, improve, modify and operate the system of waterworks now in operation or hereafter acquired, extended or improved, or any gas, light or water system or other system of public works of the same or similar nature now or hereafter owned or operated by the city or acquired, extended or improved, or any light contract or other contract existing between the city and any company for the furnishing to the city of light, power or other public works; to establish, equip, maintain, modify, extend, improve and operate a system of drains and sewers for the city; to appoint superintendents and other employees, and remove the same when necessary; to purchase, rent, lease and sell real estate and apparatus and machinery and all other things necessary to the conduct of said public works system or systems, and hold title to the same for the city; to collect, receive and disburse all moneys arising from the sale of bonds issued for the acquisition, extension, enlargement and improvement of such plant or plants, and all revenues derived therefrom; to make such by-laws, rules and regulations for their own government and the government of their employees as they deem necessary, not in conflict with this Charter. Said board or boards shall make a quarterly report, in writing, to the mayor and aldermen, showing the amount of money received and the source thereof, and the amount disbursed and the purpose thereof, together with vouchers for

Page 3152

the same, and shall furnish an accurate estimate of the amount of money required for the ensuing year. Said board or boards shall elect a clerk and fix his compensation, such compensation to be approved by the mayor and aldermen. The members of said board or boards shall receive for their services such compensation as the mayor and aldermen shall prescribe, which compensation shall not be diminished or increased during the terms of office of said members. The mayor and aldermen shall have the authority to enact all ordinances necessary to effect the purpose and intent of this section. The mayor and aldermen shall maintain and operate any and all systems of public works as heretofore, until the board or boards authorized herein are created. Sec. 317. School board of trusteesComposition, terms, qualifications . The board of trustees of the schools of said City of Calhoun shall complete the terms for which they were elected; thereafter the said board shall consist of five members to be chosen from the citizens of said city, two of whom shall hold office for two years from the date of their election and three who shall hold office for two years from the date of their election. Election for their successors shall occur on the second Wednesday in December on the termination of the terms of office of each. All vacancies occurring on said board by death, resignation or disqualification shall be filled for the remainder of the unexpired term by election of the board of education of said city, at such times and under such rules as they may prescribe. The members of said board shall be citizens of the City of Calhoun, twenty-one years of age or older and of good moral character. Sec. 3-18. SameOrganization . The officers of the board of trustees of the school system shall consist of a president, vice-president, secretary and treasurer. Said officers shall be elected in such manner and at such times as said board of trustees may determine, and said board shall prescribe the duties of its officers.

Page 3153

Sec. 3-19. SameAuthority . The school board of trustees shall regulate and from time to time modify and enlarge the system of public schools for the City of Calhoun. Said board shall have authority to purchase sites, erect buildings, rent buildings, to purchase appurtenances and furniture for school purposes, to employ teachers, to suspend or discharge them for good cause, to prescribe the terms upon which students are to be received in said schools and to establish such rules, regulations and by-laws as they deem right and proper in maintaining a system of public schools in said city. Said board of trustees shall have authority to admit students in said schools who are not within the legal age, upon payment of such fees or tuition as said board shall determine to be proper. Sec. 3-20. SameDuty to separate races . The school board of trustees shall provide separate schools in which white and colored children shall be taught. Sec. 3-21. SameReceipt of moneys from common school fund . So long as public schools are maintained in the City of Calhoun, the State School Superintendent is hereby authorized and required to pay over to the treasurer of said board of school trustees for the use of the public schools under such rules and regulations as said board may prescribe, the proportion of the common school fund arising from any source belonging to the City of Calhoun to be by them expended in the establishment and maintenance of the said public schools as authorized and directed by the Constitution and laws of the state; provided, however, that said State School Superintendent shall not pay over to said treasurer of said board the proportion of said common school fund to which the city superintendent of schools shall be entitled, but shall pay said sums directly to said city superintendent of schools. Article IV. Annexation of Territory . Sec. 4-1. Referendums to annex territory; effective date of annexation . The inclusion within the corporate limits of said city of annexed territory shall not become effective until two referendum elections, one held in said city and one

Page 3154

in said territory, in accordance with the provisions hereinafter set forth, have resulted in a vote by both the city and the territory proposed to be annexed favoring such annexation, and upon such favorable vote, the inclusion of said territory within the corporate limits of the City of Calhoun shall be effective at 12:01 a.m., December 31, of the year of such election. Sec. 4-2. Conduct of referendum election in territory proposed to be annexed . The Ordinary of Gordon County shall submit to the qualified voters residing within territory proposed to be annexed, by giving the notice provided for in section 4-7 hereof, the question of the inclusion of said territory within the corporate limits of said city by calling a referendum election. The ordinary shall provide such polling places for voters in said territory as the ordinary may deem necessary and convenient for the voters herein. He shall appoint such managers for such ballot boxes at such polling places as he deems necessary for the conduct of such referendum election. Such managers shall be sworn by the ordinary or a notary public to manage said election. The laws and regulations applicable to general county elections, and which are not in conflict with specific provisions of this Act, shall apply to said election. Sec. 4-3. Qualifications of territorial voters . At a referendum election in territory proposed to be annexed, only qualified voters of said county who have continuously resided in said territory proposed to be annexed for at least six months next preceding the day of said election, and who are also otherwise qualified by law to vote in an election for members of the General Assembly, shall be eligible to vote. Sec. 4-4. Lists of voters in territory proposed to be annexed; oaths . The ordinary shall use those lists of qualified voters in territory proposed to be annexed which are prepared, purged and supplemented in accordance with the provisions relating to general and special elections as contained in Code of Georgia of 1933, and other applicable statutes of the State of Georgia. The ordinary may require that the managers of such ballot boxes and polling places require each prospective voter to swear that he has resided

Page 3155

within the territory where he offers to vote continuously for six months next preceding the date of said election, and for this purpose said managers are hereby empowered to administer oaths. The ordinary may determine the qualifications for such voters in the territory to be annexed, either through the use of voters' lists prepared as provided herein or through the administering of the oaths as to residence within such territory or a combination of both procedures for determining such qualifications. Sec. 4-5. Ballots in territory proposed to be annexed; certification of election results . The managers of a referendum election in territory proposed to be annexed shall, immediately upon the closing of the polls, count the ballots cast at the election and shall deliver to the ordianry the sealed ballot boxes, the sealed ballots, tally sheets and list of voters, if any or all of such are used. At or before noon of the day following said election, or as soon thereafter as practicable, the managers shall certify to the ordinary the result of the election. Sec. 4-6. City referendum on proposed annexation; qualifications of voters . The mayor and aldermen of the City of Calhoun, at a regular or special meeting, shall by adoption of a resolution to be effective immediately upon passage, submit to the qualified voters of the city, at a referendum election to be held as hereinafter provided and upon the same day as the election called by the ordinary as provided in section 4-2, the question of the inclusion of said described territory within the corporate limits of said city. Said election shall be held under the same rules and regulations governing general and special elections, and at the same places, as elections for mayor and aldermen are held. Persons registered six months prior to the election, shall be qualified to vote in said election. Sec. 4-7. Time of holding annexation elections; publication, contents of notice; form of ballot . The elections provided for in sections 4-2 and 4-6 shall be held within sixty days following the approval of the annexation Act on a date to be decided by the ordinary and by the mayor and aldermen of said city. The polls within the city and within the

Page 3156

territory proposed to be annexed shall open at 7:00 a.m., and close at 7:00 p.m. After the passage of such Act and its approval by the Governor, and prior to the date of said elections, the city clerk of said city shall cause the entire Act to be published one time in the newspaper of said city in which advertisements of sheriff's sales in Gordon County are published. The ordinary shall issue his call for election in sufficient time to allow the notice of said election to be published in said newspaper once a week for four weeks on any dates prior to the date of said elections. Said notice shall be a joint notice, signed by the ordinary and the city clerk of said city, and shall set forth the date of the elections, the hours of voting and the location of the polling places. A detailed description of the territory proposed to be annexed need not be set forth in said notice, but certified copies of the annexation Act shall be kept on file by the ordinary and the city clerk prior to said elections, and such certified copies of the Act shall be subject to public inspection at all reasonable times. The general form of ballot and the method of voting to be used in annexation elections shall comply as nearly as practicable with the form and method set forth in the Act of the General Assembly of Georgia approved March 20, 1943 (Ga. L. 1943, pp. 290, 291). The ballot shall show the purpose of the elections by general reference to the annexation Act, and shall have plainly printed thereon the words For annexation and Against annexation. Sec. 4-8. Certification of annexation referendums; consideration of balloting; proclamation of results . The managers of the annexation election held in the City of Calhoun shall at noon of the day following said election or as soon thereafter as practicable, certify to the mayor and aldermen of the City of Calhoun at a regular or special meeting, the result of said election inside the city. The ordinary of Gordon County shall at the same meeting certify the result of the said election in the territory proposed to be annexed. Each election shall be considered separately and if it shall appear that a majority of the votes cast in each election favor the annexation, then the ordinary and the mayor shall

Page 3157

make a joint proclamation of such results, and thereupon the corporate limits of the City of Calhoun shall be extended on December 31, of the year of such annexation referendums in order to include the territory annexed, and said territory shall, on December 31 of such year, become a part of the said City of Calhoun and subject to all the laws and ordinances governing the same. The result of the elections and the proclamation shall be entered on the minutes of the mayor and aldermen and on the minutes of the Court of Ordinary of Gordon County. Sec. 4-9. Voters in annexed territory qualified for city elections after approval of annexation . If the vote of the two elections provided for hereinabove is in favor of annexation, then at the primary election and at the general election to be held in said city, for the nomination and election of members of the board of mayor and aldermen of the City of Calhoun, as well as any special election, held thereafter those residents of said territory proposed to be annexed shall be qualified voters in said primary, in said general and special elections, upon the same terms and conditions, as to residence, registration and otherwise, as if said territory were on the days of said primary, general and special elections actually a part of said city. The city registrars in making up the list of qualified voters in said elections shall include the residents of said territory so qualified to vote as above set forth. The residents of said annexed territory who are so qualified to vote shall be eligible for nomination and election to any elective city office of the City of Calhoun for any term beginning after annexation, length of residence and qualifications as a voter in said annexed territory immediately preceding the effective date of annexation to be counted, for said purposes, as equivalent to residence and voting qualifications within the corporate limits of said city. Sec. 4-10. Expenses of annexation referendums . The entire expense of the two elections provided for, to be held within the city and in the territory proposed to be annexed, shall be paid by the City of Calhoun. The ordinary shall certify to the clerk of the city the cost of holding the election

Page 3158

in the territory proposed to be annexed, including reasonable compensation to the managers of said election, together with other reasonable expenses usually incident to elections. Sec. 4-11. Illegal voting in annexation referendum . Should any person vote in elections provided for in sections 4-2 and 4-6 above, who is not registered and qualified to vote, or shall vote at more than one polling place, or (in case of those voting in the proposed extension) who has not continuously resided in the territory proposed to be annexed for at least six months next preceding the day of the election, he shall be deemed guilty of illegal voting, and upon conviction thereof, shall be punished as prescribed for violation of this Charter. Sec. 4-12. Tax assessments in annexed territory . Upon the annexation of territory into the city, the governing authority of the City of Calhoun shall make assessments of property located in said territory for the purpose of taxation so that taxation may become effective upon said property actually becoming a part of said city; said governing authority shall also enact such tax ordinance and other ordinances, make such appropriations, and perform such other functions regarding said territory, and its inhabitants as are necessary or expedient to govern properly said territory immediately upon its actual inclusion within the corporate limits of said city. Article V. Elections . Sec. 5-1. Registration of voters; registration books . It shall be the duty of the city clerk to provide suitable permanent books for the permanent registration of the qualified voters of said city for any and all elections held in said city, of every kind and character and for all purposes; within ten days after registration books are provided as herein required, the city clerk shall open the said registration books for the registration of the qualified voters of said city, and shall cause to be published in the first issue of the newspaper in which sheriff's advertisements are published for Gordon County, after the opening of the books, notice

Page 3159

that the books are open for the registration of the qualified voters of said city. The books shall be kept open for the registration of voters at the city hall at all times during office hours, except Sundays and legal holidays, and except as herein otherwise provided. Sec. 5-2. Close of voter registration books . Voter resigistration books shall be closed at 5:00 p.m., twenty days before the election to be held for the election of a mayor and aldermen and/or for aldermen as herein provided, and shall remain closed until after said general election for a period of two full weeks exclusive of the week in which the election is held. During the period the books are required to be closed by this section no person shall be permitted to register. Sec. 5-3. Qualifications of voters . All persons who have been bona fide residents of the city for sixty days before the day of election who, before registering as hereinafter required, have paid all taxes of every description legally imposed and demanded by the authorities of said city, who shall have been duly registered, as hereinafter provided, and who shall be qualified to vote for members of the General Assembly, shall be qualified electors. Sec. 5-4. Duty of clerk to register qualified voter; oath of registrant . It shall be the duty of the clerk, upon application in person, and not by proxy, of any person who is qualified to vote for members of the General Assembly, who has paid all taxes of whatever character legally imposed or demanded by the authority of the city, and who upon the day of election, if then a resident, will have resided in said city for sixty days prior thereto, to register the name of such person, recording on said list, besides the applicant's name, his age, occupation or business and the locality in the city where he resides. Said clerk shall not knowingly permit anyone to register who is not lawfully entitled to do so, nor refuse anyone who is entitled to register, and shall 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

Page 3160

months, in this county for six months, and in this city for sixty days next preceding this registration, or that by the vote of the next city election, if still a resident of this city you will have fulfilled these conditions; that it is your intention to remain a resident of this city until the day of election; that you are eighteen years old; that you have paid all taxes due the City of Calhoun; and that you have made all returns required of you by the ordinances of this city, so help you God. Sec. 5-5. Appeal from denial of right to register to vote; inspection of registration book; purge of voting list . There may be an appeal from the decision of the clerk or registrar as to the right of a person to register, to a committee of three freeholders previously appointed by the mayor and aldermen for that purpose, whose decision shall be final. All appeals shall be made, heard and determined within five days from the time the appeal shall be filed. After all appeals are decided it shall be the duty of the clerk or registrar to make a correct list of the registered voters and furnish the managers of election a certified copy of same. The registration book shall be open to the inspection of the public at all times during office hours. The clerk shall furnish a committee appointed by the mayor and aldermen a list of the registered voters, which they shall proceed to purge in the following manner: They examine the lists and make a separate list of names of all persons thereon who have died or who have removed from said city since registering and all who have paid no taxes or are otherwise disqualified and shall mark the list, List of disqualified registered names. Said list shall be posted in the vestibule of the city hall at least five days before the date set for hearing of those who desire to show cause why their names should not be stricken from the registration books, which said date shall be fixed by said committee and notice thereof set out on said list so posted in the city hall. Sec. 5-6. Vote registration constitutes permanent record . The registration book or books made up as hereinbefore provided shall constitute a permanent record of all persons

Page 3161

who become legally registered, until they become disqualified to vote in the City of Calhoun under the requirements of the Charter of said city. After any person registered as herein provided becomes disqualified, he shall no longer be considered registered, until such person registers again after the disqualification is removed. Sec. 5-7. List of voters to be furnished to election managers . It shall be the duty of the clerk or register to furnish the managers of elections, at or before opening of the polls on the day of election, with a complete list of the registered voters, arranged in alphabetical order, certified to under the hand of the clerk or registrar, and the corporate seal of the city. Sec. 5-8. Management of elections; hours; polling places . Elections shall be conducted under the management of three freeholders, who are residents of said city and not candidates in said election, appointed as managers by the mayor and aldermen. Said managers shall conduct elections as near practicable as elections for members of the General Assembly are conducted. The polls at elections shall be open at 7:00 a.m., and close at 7:00 p.m. The mayor and aldermen may designate two or more voting places, if occasion should require, and may appoint three freeholders as managers of each. Sec. 5-9. Oath of election managers . Election managers shall, before proceeding with an election, take and subscribe the following oath: All and each of us do swear that we are qualified by being freeholders to hold this election; that we will make a just and true return thereof, and not knowingly prohibit any one from voting who is entitled; and that we will not knowingly divulge for whom any vote was cast, unless called upon under the law to do so, so help us God. The city clerk or registrar shall administer the oath. Sec. 5-10. Affidavit of election managers; issuance of certificates of election; disposition of ballots and ballot boxes . The affidavit of oath shall be signed by each election manager in the capacity in which he acts and subscribed

Page 3162

before some officer authorized to administer oaths, if any such be present, and if no such officer be present, said oath shall be made and subscribed by each manager in the presence of the others. The managers of said election shall proceed to count out the ballots, declare the result and issue certificates of election to the mayor-elect and aldermenelect; provided, however, that said certificates of election and the results of said election shall not be issued by the managers until after the expiration of five days from the election. It shall be the duty of the managers at any election held under the provisions hereof after the ballots have been counted and the results have been ascertained, to replace all the ballots in the ballot boxes, together with a list of the voters and tally sheets, and seal the same and deposit the same with the clerk of the Superior Court of the County of Gordon, who shall preserve the same and deliver it only as herein provided. The certificates thus issued as herein provided shall be sufficient authority to the persons so elected to enter upon the discharge of their official duties, after qualification as hereinafter provided. Sec. 5-11. Record of certificates of election of mayor and aldermen; tally sheets . The managers of each election, in addition to their duty to issue to the newly-elected mayor and each of the newly-elected aldermen a certificate of election, shall certify the result of the election to the acting board of aldermen, which last certificate shall be entered upon the records of said mayor and aldermen. Said managers shall also furnish the mayor and aldermen one of the tally sheets of said election, certified to by them as being correct. Sec. 5-12. Contest of election; allowance for clerk's service . In the event anyone desires to contest any election had in said city, said contest shall be conducted under the rules and regulations now prescribed by law, and it shall be the duty of the clerk of the Superior Court to produce ballot box and deliver it to the ordinary of Gordon County, who shall

Page 3163

take evidence in said case. The said clerk shall produce said box and said contents at the time and place fixed for taking testimony in said contest, and whenever he may be required to produce said box and its contents on account of said contested election, he shall be allowed five dollars for such services, to be paid from the treasury of said city. Sec. 5-13. Withholding certificate of election . In the event a contest for any office is instituted, the certificate of election shall not be delivered by the managers of said election until the contest is heard and determined as required by law. It shall be the duty of the officers in commission at the time said election is held to continue to discharge the duties of their offices until said contest is heard and determined. Sec. 5-14. Eligibility to hold city office . No person shall be eligible to hold the office of mayor or alderman in said city unless he be twenty-five years old, a qualified elector of the City of Calhoun, and shall have resided in the city for a period of two years immediately preceding his election. Sec. 5-15. Candidate for mayor or alderman; statement, certificate required; time of election; filing fee . Every person desiring to become a candidate for the office of mayor or for the office of alderman of said City of Calhoun shall file or caused to be filed with the clerk of the City of Calhoun, not later than twenty days before the general election, which election shall be held on the second Wednesday in December, biennially, a statement of his or her candidacy and a certificate sworn to by him that he is qualified to fill the office to which he seeks election, and that he is offering for mayor or as alderman. Each candidate for mayor shall pay a filing fee of ten dollars when filing the statement of candidacy and certificate; each candidate for alderman shall pay a filing fee of five dollars. Article VI. Recorder's Court . Sec. 6-1. Recorder's court created; presiding officer . There is hereby created a recorder's court for the trial of

Page 3164

the offenses and offenders against the laws and ordinances of the City of Calhoun, such court to be called the recorder's court, to be presided over by the Mayor of the City of Calhoun if he deems it to the best interest of the city to do so. However, if the mayor in his sole discretion determines that he does not desire to preside over said court, he shall so advise the board of aldermen at any special or regular meeting of same at which time they shall appoint a city recorder for the ensuing year, and until his successor is appointed and qualified, and when so appointed and qualified as hereinafter provided, he shall have full authority as judge of said court for the administration of its affairs. His salary shall be fixed by the mayor and aldermen, and he shall take such oath as may be prescribed by the mayor and aldermen, and shall be subject to removal, with or without any stated cause, upon a majority vote by the mayor and aldermen. Any vacancy in the office of city recorder, by reason of death, resignation, removal or other reason shall be filled by appointment of the mayor and aldermen. In his disqualification or absence, the mayor or mayor pro tem may hold such said court, and may exercise all the powers conferred by law or this Charter upon the recorder. Sec. 6-2. Penalty for violation of laws, ordinances . The recorder or any authorized presiding officer of the recorder's court may punish for any violation of a city ordinance or law by fine not exceeding five hundred dollars ($500.00); by imprisonment not to exceed ninety (90) days; work in the workgang on the public streets, or on such public works as the authorities may empl[UNK]oy the workgang, not to exceed thirty (30) days; or by any one or more of these punishments in the discretion of the recorder or presiding officer of said court. Sec. 6-3. Authority of recorder as justice of the peace . The recorder shall to all intents and purposes be a justice of the peace, so far as to enable him to issue warrants for offenses committed within the city, which warrants may be executed by any member of the police force of the city, and

Page 3165

to commit the offenders to the county jail of Gordon County, or to admit them to bail, in bailable cases, for their appearance at the next term of the court of competent jurisdiction to be held in and for said county. Sec. 6-4. Sentence for contempt . When sitting as a court as a recorder, the judge or presiding officer thereof, shall have the power to punish for contempt by fine not exceeding one hundred dollars ($100.00), by imprisonment in the manner prescribed aforesaid not exceeding thirty (30) days, or by one or both, or any part thereof, in the discretion of the presiding officer. Sec. 6-5. Warrants; form, scope, execution; recorder's authority to hear evidence, grant bond . The recorder shall be authorized to issue warrants for any offense under any law or ordinance of the City of Calhoun or this State, and when the offense is against state laws and not covered by municipal law or ordinance, may hear evidence and commit to jail or take bond for appearance before the grand jury or a state court having jurisdiction to try the same. If the offense charged in the warrant be one against any law or ordinance of the City of Calhoun, the arresting officer shall carry the same before the recorder's court, where same shall be disposed of as other cases of arrest not under warrant. All warrants issued by the recorder, or anyone authorized to preside in the recorder's court, shall be directed to the Chief of police of the City of Calhoun, any policeman or marshal thereof, and to all and singular the sheriffs, deputy sheriffs, and constables of the State of Georgia, and any one of said officers shall have authority to execute warrants. Sec. 6-6. Rules of practice in recorder's court; competency of officers as witnesses . The rules of practice in the recorder's court, so far as practicable, shall be the same as the rules of practice in the Superior Courts of this State. Sec. 6-7. Witnesses . The recorder, or any authorized presiding officer of the recorder's court shall have power and authority to subpoena witnesses to attend the recorder's

Page 3166

court, under the same rules and regulations that regulate and govern the superior courts of this State, to compel attendance, and to punish any witness who has been duly subpoenaed and fails to attend, under the provisions heretofore provided for contempt. Sec. 6-8. Appearance bonds; posting, forfeiture, execution . Any police officer of the City of Calhoun shall release any person arrested for a violation of any law, regulation or rule of said municipal government upon such person posting a bond payable to the City of Calhoun in an amount and surety approved as directed by the recorder, conditioned for the appearance of such person before the recorder's court at the time and place specified in said bond and from time to time until he or she shall have been tried for the offense for which charged. If any person so released under appearance bond shall fail to appear for trial at the time named therein, such bond shall be forfeited, and a rule nisi shall be issued requiring him or the surety upon such bond to show cause before said court, at a time not less than ten days from the date of such rule, why such bond shall not be absolutely forfeited. Copies of such rule shall be served upon such person or persons to whom it shall be directed at least five days before the return day thereof, provided such person or persons are residents of said city, and such service may be made personally or by mailing a written notice to such person or persons at their last known address. At the time such rule is made returnable and no sufficient cause be shown, the forfeiture of said bond shall be final and absolute, and execution shall issue for the full amount thereof, and all costs, against the principal and sureties thereon or such of them as shall have been served. Such execution shall be signed by the clerk of the City of Calhoun and the recorder, and shall be directed to all police officers of said cituy and to all and singular the sheriffs and constables of this State, and the same when so issued shall be a lien upon all property, real or personal of such parties, and of binding effect upon such property of the defendants

Page 3167

therein as if the same were issued upon judgments in the superior courts, and shall be levied by any officer to whom it shall be directed. However, any police officer of said city, when the emergency of the occasion demands it, may require cash bonds for the appearance of such arrested person or persons, and upon their failure to appear at trial thereof, said cash bond may, in the discretion of the city recorder, be regarded as a fine and so assessed by said recorder. Sec. 6-9. Ministerial officers of recorder's court; attendance, duties . The ministerial officers of the recorder's court shall be the policemen of the City of Calhoun, to whom all mesne and final processes shall be directed. Said officers or a sufficient number shall attend the sessions of the court for the purpose of executing the orders of said court, and shall do and perform such duties connected with said court as may be required of them. Sec. 6-10. Rights of appeal, certiorari; costs; bond required; failure to give bond . Any person convicted before the recorder or other presiding officer of the recorder's court, may enter an appeal from the judgment of said court to the mayor and aldermen; provided, the appeal be entered within two days after the judgment complained of is pronounced; and provided further, that the defendant gives bond to abide the final judgment of the case, which bond must be approved by the clerk. The said mayor and aldermen shall as early as practicable thereafter, hear and determine said case so appealed, and shall investigate the case as fully as if the same had never been tried. They shall have the power, if they find the defendant guilty, to decrease the fine imposed by the recorder's court, or to increase it at their discretion. Any person convicted by the mayor and aldermen on the appeal shall have right to petition the Superior Court of Gordon County for issuance of a writ of certiorari, 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.

Page 3168

Nothing in this section shall prevent the defendant who desires to obtain a writ of certiorari therefor from the superior court from doing so; provided however, that the applicant failing to give bond and security may, in the discretion of the recorder, be placed in the city prison or county jail to await the final judgment of the appeal above-mentioned. Nothing in this section shall be construed to prevent any person convicted in the recorder's court of a violation of any ordinance of said city from petitioning for a writ of certiorari directly to the superior court in accordance with provisions of state law in such cases. Sec. 6-11. Hearing on certiorari; notice; costs; forfeiture of bond . The judge of the Superior Court who grants certiorari may hear the same after giving notice to each party, or his attorney, of the time and place of hearing, the mayor being required to certify and send up to the Superior Court a complete and accurate history of the case, as his answer to the petition for certiorari, and the defendant having the right to traverse said answer as provided by law. The mayor and aldermen shall pass ordinances regulating the costs for appeals and certiorari; and for the forfeiture of all bonds. Article VII. Taxation, Finance and Revenue . Sec. 7-1. Fiscal year . The fiscal year of the city shall be fixed by ordinance or resolution of the mayor and aldermen, duly entered upon the minutes. Sec. 7-2. Budget . No expenditures of money, except disbursements for emergency purposes, shall be expended by the mayor and aldermen during any fiscal year until a budget has been prepared and adopted. The budget shall include in its anticipations for the ensuing fiscal year a sum not to exceed the normal revenue collections of the city anticipated from all sources during the ensuing year. The mayor and aldermen shall appropriate a sum sufficient to pay the annual debt service, including sinking fund and interest on bonded indebtedness, which sum shall not be diverted to any other department or departments by the

Page 3169

mayor and aldermen during the year. Should the revenue of the city be less than the amount anticipated, it shall be the duty of the mayor and aldermen to amend the budget in order to reflect such decreased revenue; in the event the revenue of the city is greater than the amount anticipated, and such increase is definite and reasonably certain, the mayor and aldermen may amend the budget in order to reflect such increase in revenue. Sec. 7-3. Deficits . If at any time during the year exceed revenues and a deficit is created, it shall be the duty of the mayor and aldermen, before appropriating any other sum for any other purpose, to appropriate a sufficient sum to immediately discharge any such deficit which has occurred. Sec. 7-4. Borrowing money authorized . The mayor and aldermen shall have authority to borrow money to meet casual deficiencies in the revenues of the city; provided, however, that loans negotiated for such purpose shall not extend over a period longer than twelve months and shall be repaid from the revenues of the current year, for which provision shall be made by tax levy. Sec. 7-5. Annual audit of finances required; publication . The mayor and aldermen, at the end of each fiscal year, shall have an annual audit conducted, covering all financial transactions entered into by said mayor and aldermen or by any board, commission, agency, department or officer of the city in behalf of the city, for that year. When such audit has been completed, it shall be published by the mayor and aldermen, either in the official newspaper or by posting a copy in the city hall, the method of publication being within the discretion of the mayor and aldermen. Sec. 7-6. Taxes; authority to levy, provide for collection . The mayor and aldermen of said city shall have power and authority to levy and collect an ad valorem tax upon all property, real and personal, within the corporate limits of the city, which is taxable under the laws of this State, and to provide the manner in which the same shall be collected.

Page 3170

Sec. 7-7. School taxAuthority to levy; amount . The mayor and aldermen of the City of Calhoun are hereby authorized to levy a tax annually, on the real and personal property in the City of Calhoun for the purpose of establishing and maintaining a system of public schools in said city; provided, however, that the money so raised shall be used for school purposes. Sec. 7-8. SameLevy, collection, disposition; penalty for non-payment . It shall be the duty of the mayor and aldermen of the City of Calhoun to levy and collect the taxes provided for in section 7-7 and to keep a separate account of the same to the credit of the public school fund, which fund shall be subject to the order of the school board of trustees for the support and maintenance of the public schools; said taxes shall be collected by levy and sale, as provided by this Charter and by the ordinances of the city. Sec. 7-9. Execution for unpaid taxes or licenses . Should any person fail or refuse to pay a tax or license imposed by the city within the time allowed or prescribed by ordinance, the clerk shall issue an execution against such delinquent taxpayer for the amount due by him to the city, which shall be signed by the city clerk in his official capacity and bear test in the name of the mayor and aldermen of the City of Calhoun. Sec. 7-10. Advertisement, conduct of execution sales . All sales of property under execution in favor of said City of Calhoun shall be advertised in the official newspaper in which sheriffs' sales are advertised, and such sales in all respects shall be made and conducted in the same manner as sheriffs' sales under execution are now made in this State. Sec. 7-11. Levy and sale under tax execution; possession . Executions for unpaid taxes or license fees shall bind all the property of a defaulting taxpayer owned in said city on the first day of April in the year for which the same are delinquent. Said executions shall be directed to and enforced by the city clerk, who, after levying the same upon the property of such defaulting taxpayers, shall, if the property be personal

Page 3171

property, advertise the sale by posting notice in three of the most public places of said city ten days before the date of sale; and if the property be real estate, by advertising the same once a week for four weeks in the official organ of said city before selling the same. All sales under such executions shall be made by the city clerk before the door of the council chamber, or at such places as may be prescribed by ordinance, notice of which place and time of sale shall be contained in the advertisement. The property levied upon shall be sold by the city clerk at public outcry, to the highest and best bidder. Where the sale is of personal property, the city clerk shall deliver possession thereof to the purchaser. When real estate is sold the city clerk shall execute a deed to the purchaser, which shall be as effectual in passing title as the deed to the person against whom the execution is issued, and it shall be the duty of the city clerk, upon application of the purchaser or his agent, to put said purchaser, or agent in possession of the real estate sold; provided however, that the city clerk shall not be authorized to turn out any person other than such delinquent taxpayer, his heirs, tenants or assigns as of a time subsequent to the time when the lien of the city taxes attached. Sec. 7-12. Disposition of costs on execution . The city clerk shall be entitled to fifty cents for each writ of fieri facias issued, to the same fees for levies as are hereby allowed bailiffs in this State, and to the same fees for selling as are required by sheriffs for selling property in this State; provided however, that the mayor and aldermen may, by ordinance, provide for all such costs to be paid into the city treasury. Sec. 7-13. Authority to regulate returns, payment of taxes and licenses . The mayor and aldermen of said city shall have power and authority to prescribe the time and manner in which all persons shall return for taxes all property of every kind and nature, and also when all business and occupation tax and licenses shall be paid to the city.

Page 3172

Sec. 7-14. Appointment, duties of tax assessor . The mayor and aldermen shall have power and authority each year, if in their discretion they see proper, to appoint three tax assessors, whose duty it shall be to value the real estate in said city for taxation and to scrutinize carefully each return of property, real and personal, by any taxpayers of the city, and if in their judgment they find the property embraced in a return, or any portion of it, returned below its proper value, they shall assess the value thereof. Sec. 7-15. Arbitration of assessment valuation . Whenever the assessors shall raise the valuation at which a taxpayer has returned his property, they shall give him written notice of their assessment and it shall be the taxpayer's privilege if dissatisfied with the assessment, within ten days after notice, to have the matter arbitrated by three disinterested freeholders, who are residents of the city, one of whom shall be selected by him, one by the assessors and the third by the two selected; and a majority of these arbitrators shall fix the assessment, which shall be final and conclusive. The mayor and aldermen shall have the authority to fix the compensation of the said arbitrators and shall pass such ordinances pertinent thereto as they deem proper. Sec. 7-16. Bond issues, elections for public improvements . The mayor and aldermen of said city shall have power and authority to order elections at various times to determine the issue of bonds, and to issue and/or hypothecate bonds in accordance therewith, for all public improvements as they may deem necessary; that they may issue the same for the purpose of enlarging the waterworks and sewer system of the city; to establish a light plant; to erect a city hall where the public business of the city shall be transacted; to curb and pave the streets; to purchase sites, erect and equip public school buildings; and for any such other public improvements as they may deem proper; and they shall provide how the public debt of the city shall be paid, and may constitute such sinking fund for that purpose, if they may deem it necessary. Sec. 7-17. Tax levy to amortize bonds authorized; interest coupons; establishment of sinking fund . The mayor and

Page 3173

aldermen of said city are hereby authorized and empowered to levy, assess and collect annually a sufficient tax upon and from the taxable property in said city, real and personal, to pay the principal and interest on bonds as they shall become due. This tax shall be separately assessed, levied and collected for the specific purpose herein designated and shall not be used or applied to any other purpose whatever. Said mayor and aldermen are hereby authorized and empowered to issue interest coupons payable annually for the interest on said bonds. Any money received and collected under this Charter and remaining after the payment of maturing interest coupons and bonds each year, shall be held by the mayor and aldermen as a sinking fund for the payment of the bonds and interest maturing the next year. Section 7-18. Execution, registration, sale of bonds . Any bonds issued pursuant to the authority in this Charter shall be signed by the mayor and clerk of said city and registered and sold in such manner and in such sums and at such times as the mayor and board of aldermen may determine for the best interest of said city and the speedy execution of the objects thereof. Article VIII. Miscellaneous . Section 8-1. Terms of present officers . All present officers of said city shall hold their offices until the expiration of their present terms, and until their successors are elected and qualified, except as herein provided. The term of office of the mayor and aldermen shall be two years and until their successors are elected and qualified. Section 8-2. Existing ordinances preserved . This Charter Act shall not abolish any of the ordinances now in effect in said city except where they are in conflict with this Charter, but the same shall be preserved and continued. Section 8-3. Existing Acts preserved . All other Acts heretofore approved by the General Assembly relating to the City of Calhoun except such part or parts thereof as may be in conflict with this Charter and except for the Acts specifically repealed herein, shall be and they are hereby

Page 3174

continued in operation, confirmed and consolidated with and made a part of this Charter. Section 8-4. Severability . If any provision of this Act shall be held to be unconstitutional, such provision only shall be invalid, and all other parts of this Act shall not be affected thereby but shall remain in full force and effect. Section 8-5. Specific Act repealed . An Act to reincorporate the City of Calhoun, in the County of Gordon, and to create a new charter, approved August 20, 1918 (Ga. L. 1918, p. 563), as amended, by an Act approved August 18, 1919 (Ga. L. 1919, p. 863), an Act approved August 15, 1922 (Ga. L. 1922, p. 600), an Act approved August 13, 1925 (Ga. L. 1925, p. 917), an Act approved July 24, 1929 (Ga. L. 1929, p. 904), an Act approved July 24, 1929 (Ga. L. 1929, p. 905), an Act approved March 24, 1933 (Ga. L. 1933, p. 878), an Act approved February 8, 1945 (Ga. L. 1945, p. 561), an Act approved February 26, 1945 (Ga. L. 1945, p. 803), an Act approved February 21, 1951 (Ga. L. 1951, p. 3192), an Act approved February 8, 1955 (Ga. L. 1955, p. 2216), an Act approved February 14, 1958 (Ga. L. 1958, p. 2057), an Act approved February 14, 1958 (Ga. L. 1958, p. 2131), an Act approved March 9, 1959 (Ga. L. 1959, p. 2549), an Act approved March 17, 1960 (Ga. L. 1960, p. 2681), and an Act approved March 4, 1961 (Ga. L. 1961, p. 2369), is hereby repealed in its entirety. Section 8-6. Legal Advertisement . A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing publication of such notice as required by law, are attached hereto and made a part hereof, 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 local legislation have been complied with. Section 8-7. Repeal of conflicting laws . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Jan.-Feb. 1963 session of the General Assembly of Georgia,

Page 3175

a bill, An Act to incorporate the City of Calhoun, Georgia, and to grant a new charter to said City and for other purposes, being an Act to amend and replace an Act of the General Assembly of Georgia approved August 20, 1918, and the Acts amendatory thereof, entitled Charter of City of Calhoun, Georgia. This 26th day of December, 1962. Troy Causby Representative-Elect of Gordon County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Troy Causby, who, on oath, deposes and says that he is Representative from Gordon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times, which is the official organ of said county, on the following dates: Dec. 20 27, 1962 and Jan. 3, 1963. /s/ Troy Causby Representative, Gordon County Sworn to and subscribed before me this 24th day of January, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved April 9, 1963.

Page 3176

COBB COUNTYPLANNING DEPARTMENT. No. 353 (House Bill No. 244). An Act to create the Cobb County Planning Department; to provide for a planning engineer; to provide for the powers, duties, authority and functions thereof; to provide for appointment and compensation; to provide for qualifications; to provide for staff personnel; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created the office of Cobb County Planning Department, whose Chief Executive Officer shall be known as, Director, Cobb County Planning Department;. Created. Section 2. The Director, Cobb County Planning Department shall be appointed by the Governing Authority of Cobb County and shall serve in said capacity at the pleasure of said Governing Authority. Said Director also to be known as Cobb County Planning Engineer, shall be the holder of a Bachelor of Masters degree in City or Regional planning from an accredited planning school of any College or University accredited by the American or Southern Accreditation Association or shall have had five years experience in a supervisory capacity in a municipal or county or regional planning department at the time of his appointment. Director. Section 3. The duties, power and authority of the said Director, Cobb County Planning Department shall be the following: (a) He shall make recommendations, either favorably or adversely, upon every application for change, alteration, modification, or amendment with respect to the existing comprehensive plan for zoning in the unincorporated area of Cobb County, such recommendations to be addressed to the Cobb County Planning Commission as created by the Acts of 1956, Georgia Laws 1956 page 2006, approved

Page 3177

January 25, 1956, and to the Governing Authority of Cobb County; Duties. (b) He shall act as planning consultant to the Governing Authority of Cobb County with respect to any changes in the rules and regulations appertaining to the issuance of use permits, building permits, building, plumbing and electrical codes, as well as changes or modification of zoning hereinabove set forth; (c) He shall recommend to the Governing Authority from time to time concerning the acquisition of, development and locations of parks and playgrounds; the relief of traffic conditions and traffic congestion; the development of housing and subdivisions under sanitary conditions; the establishment of zones and districts therefor; the use, type, area and kind of buildings or structures to be erected in the various sections of said county; he shall prepare and make available statistics concerning the density of population in the various sections and areas of said county; he shall study and propose such regulations as may be advisable for the promotion of the business interests, health, morals, safety, comfort, convenience and welfare of said county; (d) He shall maintain liaison with the Atlanta Metropolitan Planning District as established by the Acts of 1960, Georgia Laws 1960 page 3102, approved March 17, 1960, and shall undertake to utilize the services of said agency for the overall better development of Cobb County and the Atlanta Regional Metropolitan Area. (e) He shall maintain liaison with the Cobb County Board of Education, the State Board of Education and the city of Marietta Board of Education and advise with them respecting the locations and expansion of school facilities in Cobb County, and assist in furnishing such information, statistics, studies and maps as shall be useful and needful in the better planning of such facilities. (f) He shall consult with the Cobb County Water System, the Cobb County-Marietta Water Authority and the various

Page 3178

water systems within the County of Cobb and sewage systems thereof concerning the development of comprehensive long range plans for water and sewage facilities throughout the County. (g) He shall advise and consult with, upon their request, the Governing Authorities of the various municipalities and public agencies within Cobb County respecting the planning and zoning of areas within the territorial limits of such municipalities and the operational functions of such public agencies with a view to implementing and integrating the future planning of Cobb County as a whole. (h) He shall maintain liaison with the State Highway Department of Georgia and other public agencies concerned with the development of roads and arterial highways of every kind with a view to the better planning of overall county-wide roadway needs. (i) He shall maintain liaison with public and private agencies concerned with the future planning of Cobb County. (j) He shall perform such other duties as may be required of him from time to time by the Governing Authority of Cobb County in the general area of county-wide planning and development. Section 4. There shall be assigned to the Cobb County Planning Department under the general supervision of the said Director such other personnel, including draftsmen and clerical workers, as may be required from time to time in the discretion of the Governing Authority of Cobb County for the proper functioning of the said Cobb County Planning Department. Salaries of such personnel shall be fixed and paid from time to time by the Governing Authority from County funds, but the Director, Cobb County Planning Department shall be paid no less than $7,500.00 per annum nor more than $12,000.00 per annum in the discretion of the Governing Authority. Clerical help, etc., salary. Section 5. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed.

Page 3179

Section 6. Be it further enacted that if any part, parts or section of this Act should for any reason be declared unconstitutional, such decision shall not affect the validity of any remaining portion of this Act, which remaining portion shall remain of force as if such Act had been passed with the unconstitutional portion thereof eliminated and it is hereby declared the intention of the General Assembly that it would have adopted the remaining portion of this Act without including therein any part, parts or section of this Act which may hereafter be declared unconstitutional. Severability. Section 7. This Act shall take effect immediately upon its approval by the Governor or if it otherwise becomes law. Georgia, Cobb County. Notice of Intention to Introduce Local Legislation. Pursuant to Article iii, Section VII, Paragraph 15 of the Constitution of Georgia of 1945 as amended and in compliance with section 47-801 of the Georgia Code, notice is hereby given that there will be introduced at the January-February-March, 1963 session of the General Assembly of Georgia a bill to create and establish the office of Cobb County Planning Engineer, to provide for qualifications, duties, staff and salary therefor, and for other purposes. This 7th day of January, 1963. Robert E. Flournoy, Jr. E. W. Teague Joe Mack Wilson Kyle Yancey Ed Kendrick State Legislators. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert E. Flournoy, Jr., who, on oath, deposes and says that he is Representative

Page 3180

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 11, 18, 25, 1963 and February 1, 1963. /s/ Robert E. Flournoy, Jr. Representative, Cobb County. Sworn to and subscribed before me, this 13th day of February, 1963. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission expires Oct. 19, 1964. Approved April 9, 1963. CITY OF COLUMBUSTITLE TO STREET. No. 354 (House Bill No. 258). An Act vesting in the City of Columbus fee simple title to a certain tract of land in said city, said tract of land being all of that part of Fifteenth Street, Columbus, Georgia, that lies between Sixth Avenue on the west and Seventh Avenue on the east; empowering said city to sell and convey at any time or times the fee simple title to any part, parts or all of said tract of land, subject to any existing rights of utilities in and across said land under their franchises; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same; Section 1. That there is hereby vested in the City of Columbus fee simple title to a certain tract of land in said city, said tract of land being all of that part of Fifteenth

Page 3181

Street, Columbus, Georgia, that lies between Sixth Avenue on the west and Seventh Avenue on the east, subject to any existing rights of utilities in and across said land under their franchises and subject to the proviso in section 2 hereof. Title. Section 2. That power and authority is hereby vested in the City of Columbus to sell and convey at any time or times, the fee simple title to any part, parts or all of the above described tract of land, subject to any existing rights of utilities in and across said land under their franchises; that any such sale and conveyance may be made pursuant to a resolution adopted by the commission of the City of Columbus at any regular meeting, which resolution shall be effective immediately upon passage, for such consideration as said commission in its discretion shall deem proper and the mayor and the city clerk of said city are hereby authorized and empowered to execute and deliver for and on behalf and in the name of said city deeds of conveyance to any part, parts or all of the above described tract of land; provided, however, any such sale shall be made subject to the condition that, and any such deed shall contain a covenant that, if any public utility using or occupying any part of said land shall, because of the use or proposed use by the purchaser, or purchaser's heirs, successors and assigns, or of improvements or proposed improvements on said land, deem it necessary or desirable to remove and/or relocate any gas mains, meters, railroad tracks, transmission lines, poles or other equipment used in the operation of such utility, or if such purchaser or purchaser's heirs, successors and assigns shall desire such removal, such purchaser or purchaser's heirs, successors and assigns shall pay to such utility the entire cost of such removal and, if relocation of such gas mains, meters, railroad tracks, transmission lines, poles or other equipment or the substitution of equivalent facilities is necessary to enable such utility to continue to provide equivalent service to others as are provided by the use of such facilities to be removed, shall pay to such utility the entire cost of such relocation or substitution. Powers.

Page 3182

Section 3. That all laws or parts of laws in conflict herewith are hereby repealed. Section 4. That there is hereto attached and made a part hereof a copy of the notice of intention to apply for enactment hereof, with the certificate of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of the bill, providing for this Act, into the General Assembly. Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and county, Maynard R. Ashworth, who on oath certifies and says that he is the publisher of The Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit Dec. 31, 1962, Jan. 7, 1963 and Jan. 14, 1963. /s/ M. R. Ashworth Sworn to and subscribed before me, this the 16 day of January, 1963. /s/ Barbara T. Moss Notary Public, Muscogee County, Georgia. My Commission expires Feb. 20, 1963. (Seal). Notice of Intention to Apply for Local Legislation. City of Columbus, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1963, for the passage of a bill entitled as follows:

Page 3183

An Act vesting in the City of Columbus fee simple title to a certain tract of land in said city, said tract of land being all of that part of Fifteenth Street, Columbus, Georgia, that lies between Sixth Avenue on the west and Seventh Avenue on the east; empowering said city to sell and convey at any time or times the fee simple title to any part, parts or all of said tract of land, subject to any existing rights of utilities in and across said land under their franchises; and for other purposes. This the 28th day of December, 1962. /s/ Lennie F. Davis City Attorney City of Columbus, Georgia Approved April 9, 1963. EVANS COUNTYCOMPENSATION OF ORDINARY. No. 355 (House Bill No. 260). An Act to amend an Act authorizing and directing the proper authorities of the County of Evans, State of Georgia, having charge of the fiscal affairs of said county to pay the ordinary of Evans County a monthly allowance in addition to the fees and compensation now allowed by law, approved February 27, 1947 (Ga. L. 1947, p. 208), as amended by an Act approved February 14, 1958 (Ga. L. 1958, p. 2039), so as to change the amount of the monthly allowance paid to the ordinary in addition to the fees and compensation now allowed by law; 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 authorizing and directing the proper authorities of the County of Evans, State of Georgia, having charge of the fiscal affairs of said county to pay the

Page 3184

ordinary of Evans County a monthly allowance in addition to the fees and compensation now allowed by law, approved February 27, 1947 (Ga. L. 1947, p. 208), as amended by an Act approved February 14, 1958 (Ga. L. 1958, p. 2039), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. In addition to all other fees and compensation now allowed and authorized by law, the proper authorities of the County of Evans, State of Georgia, having charge of the fiscal affairs of said county are hereby authorized, empowered and directed to pay an allowance and supplement in the sum of $125.00 monthly to the ordinary of said county, said sum to be paid from the funds of Evans County. Compensation. Section 2. This Act shall become effective on the first day of the month following its approval by the Governor or its otherwise becoming law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to have introduced at the 1963 session of the General Assembly of Georgia, a bill to increase the supplement of the ordinary of Evans County, Georgia, and for other purposes, this 21st day of January, 1963. Bert Smith, Ordinary, Evans County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. E. Perry, who, on oath, deposes and says that he is Representative from Evans County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Claxton Enterprise, which is the official organ of said

Page 3185

county, on the following dates: Jan. 24, Jan. 31 and Feb. 7, 1963. /s/ G. E. Perry Representative, Evans County. Sworn to and subscribed before me, this 13th day of February, 1963. /s/ Kathryn Rule Notary Public. (Seal). Approved April 9, 1963. CITY OF SYLVESTERCORPORATE LIMITS. No. 359 (House Bill No. 293). An Act to amend an Act entitled An Act to create a new charter of the City of Sylvester, to declare the rights, powers and privileges of said corporation and to consolidate all Acts relating to the rights and powers of said corporation etc., approved August 18, 1919, which charter Act is published in Georgia Laws, 1919, pages 1317-1352, and Acts amendatory thereof; so as to enlarge and to extend the city limits of City of Sylvester; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia that an Act to create a new charter for the City of Sylvester to declare the rights, powers and privileges of said corporation and to consolidate the Acts relating to the rights and powers of said corporation; which charter Act was approved August 18, 1919, and published in Georgia Laws 1919, pages 1317-1352, and Acts

Page 3186

amendatory thereof, be and the same hereby are amended as follows: Section 2. That the corporate limits and boundaries of said City of Sylvester are extended and enlarged to embrace and to include the following described additional territory, to-wit: Tract One :That certain tract of land lying and being in land lot no. 334 in 7th land district of Worth County, Georgia, described as follows: Beginning on original west line of said land lot, at point which is the southwest corner of block no. 186 according to present official map of said city now in use in the city hall thereof (which point is 253.2 feet south 44 minutes west from south boundary line of Welch Street), thence running south 44 minutes west along west lot line 416.6 feet; thence running south 83 degrees east along fence 605.3 feet; thence running along fence north 47 minutes east 486.6 feet to southeast corner of said block no. 186; and thence running along south line of said block no. 186 north 89 degrees 38 minutes west 602.2 feet to northwest corner of said tract one. Tract Two :That certain tract of land lying and being in land lots nos. 334 and 357 in 7th land district of Worth County, Georgia, and further described as follows: Beginning at point which is northeast corner of block no. 185 according to present official map of City of Sylvester now in use in the city hall thereof (which point is 600 feet eastward from west line of land lot no. 334 and is 100 feet from center of Welch Street as presently laid out), thence running south 86 degrees 29 minutes east 1025.8 feet; thence running north 2 degrees 20 minutes east 1401.8 feet; thence running along center of road south 88 degrees 06 minutes east 818.2 feet; thence running along center of another road north 5 degrees 06 minutes east 181.2 feet to the right of way of Atlantic Coast Line Railroad Company; thence running easterly along south boundary line of said right of way 1680 feet to an iron pin; thence running north 36 degrees 11 minutes east 423 feet; thence running north one degree 13 minutes east 301.5 feet; thence running north 81 degrees 52 minutes west 540.2

Page 3187

feet; thence running north 40 degrees 29 minutes east 379.9 feet; thence running north 24 degrees 56 minutes west 261.2 feet; thence running north 2 degrees 12 minutes east 104.6 feet; thence running north 88 degrees 18 minutes west 690 feet to land of Royal; thence running along dividing line between land of Royal and land of King north one degree 42 minutes east 646 feet; thence running south 88 degrees 25 minutes east 44 feet; thence running along dividing line between land of C. M. King and land of East Lake Subdivision north one degree 13 minutes east 1599 feet to a fence; thence running north 88 degrees 06 minutes west 510 feet to present city limit; thence running south one degree 30 minutes west 1578 feet; thence running north 88 degrees 30 minutes west 1647 feet to present city limit; thence running along present city limit southerly and southwesterly 1200 feet to an iron pin; thence running south 350 feet to south boundary line of Pope Street; thence running east along south boundary line of Pope Street 550 feet; thence running south along west boundary line of road 250 feet to right of way of A. C. L. Railway Company; thence running southwesterly along north boundary line of said Railroad right of way 1200 feet to present city limit; thence running south along present city limit 900 feet to a fence; and thence running along said fence on north boundary line of said block no. 185 east 600 feet, to northeast corner of block no. 185, the point of beginning; all according to plat prepared by G. E. Warren, Registered Land Surveyor, dated December 15, 1962, which is made a part of this description by reference. Section 3. That should any portions of this Act be held invalid, then such fact shall not affect or destroy other provisions and clauses of this Act. Section 4. Be it further enacted that all parts of laws in conflict with this Act be, and the same hereby are repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Sylvester intends to apply for the passage of local legislation at the

Page 3188

1963 session of the General Assembly of Georgia, which convenes in January, 1963, to amend the charter of City of Sylvester (Ga. L. 1919, pp. 1317-1352, and Acts amendatory thereof), so as to annex and add new territory to become a part of the City of Sylvester. This notice is given pursuant to section 2-1915 of the present Code of the State of Georgia. This January 21st, 1963. City of Sylvester By: J. D. Hall, Clerk of Council State of Georgia, Worth County. Personally before the undersigned officer authorized by law to administer oaths in said county, appeared Marian A. Sumner, who, being first sworn, says on oath as follows: that she is editor and publisher of The Sylvester Local, the newspaper published in said county in which sheriff's advertisements are published in said county, she being also the manager and the officer in charge of Sylvester Local Corp., which owns and publishes said newspaper; and that the foregoing is a true copy of notice to apply for local legislation affecting said City of Sylvester, and that said notice was published once a week for three weeks in said newspaper, said notice having been so published in said newspaper in the issues thereof dated and published January 24th, 1963. January 31st, 1963, and February 7th, 1963, respectively. /s/ Marian A. Sumner Sworn to and subscribed before me, this 9th day of February, 1963. /s/ P. B. Ford, N. P., Worth County, Ga., for State of Ga. at Large. (Seal). Approved April 9, 1963.

Page 3189

ACTS PROVIDING FOR ZONING BOARDS, ETC. IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 108,000 AND NOT MORE THAN 112,000 REPEALED. No. 360 (House Bill No. 294). An Act providing for counties having a population between 108,000 and 112,000 under the 1950 United States census or any subsequent census, a county planning and zoning commission and a county board of zoning appeals, and providing for their creation, organization, functions and powers, and for the planning and zoning of said counties, approved February 21, 1951 (Ga. L. 1951, p. 481), as amended, by an Act approved December 12, 1953 (Ga. L. 1953, p. 124), an Act approved March 9, 1955 (Ga. L. 1955, p. 3375), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2317), to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for counties having a population between 108,000 and 112,000 under the 1950 United States census or any subsequent census, a County planning and zoning commission and a county board of zoning appeals, and providing for their creation, organization, functions and powers, and for the planning and zoning of said counties, approved February 21, 1951 (Ga. L. 1951 p. 481), as amended, by an Act approved December 12, 1953 (Ga. L. 1953, p. 124), an Act approved March 9, 1955 (Ga. L. 1955, p. 3375), and an Act approved March 17, 1958 (Ga. L. 1958, p. 2317), is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1963.

Page 3190

COMPENSATION OF JUVENILE COURT JUDGES IN COUNTIES HAVING A POPULATION OF 500,000 OR MORE. No. 361 (House Bill No. 358). An Act to amend an Act, entitled, An Act to fix the salary of the judges of the 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 purpose, approved March 6, 1962 (Ga. L. 1962, p. 3080 et seq.), so as to repeal section 3 thereof, 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. Section 3 of that certain Act, approved March 6, 1962 (Ga. L. 1962, p. 3080 et seq.), which reads as follows: The increased compensation provided by this statute, over 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, is hereby repealed in its entirety. Section of 1962 Act repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1963.

Page 3191

TIFT COUNTY DEVELOPMENT AUTHORITY. No. 363 (House Bill No. 366). An Act to further define and prescribe the purposes, powers and duties of the Tift County Development Authority and the exercise thereof; to provide for the selection of officers and agents of the said authority; to provide for the exercise of its powers for the expansion of existing industries; to provide for the issuance of revenue bonds and other obligations by the said authority and the validation thereof; to further prescribe and regulate the control, organization, management and conduct of the said authority; to repeal conflicting laws; and for other purposes. Whereas, the Tift County Development Authority was created by an amendment to the Constitution of the State of Georgia duly proposed and ratified and proclaimed; and Whereas, the General Assembly of Georgia is authorized and empowered by such constitutional amendment to further define and prescribe and enlarge the powers and duties of the authority and the exercise thereof. Now therefore be it enacted by the General Assembly of Georgia as follows: Section 1. As used in this Act, the following words and terms shall have the meanings respectively ascribed to them unless a different meaning clearly appears from the context: (a) The word authority shall mean the Tift County Development Authority created by the amendment to Article VII, Section V, Paragraph I of the Constitution of the State of Georgia approved on March 7, 1960 (Ga. L. 1960, p. 1240 et seq.) and thereafter duly ratified and proclaimed. Definitions. (b) The word project shall be deemed to mean and include the acquisition of lands, properties and improvements

Page 3192

for development, expansion and promotion of industry, commerce, agriculture, trade, commerce, natural resources and vocational training; the consrtuction of buildings and plants for the purpose of selling, leasing or renting such structures to private persons, firms or corporations. (c) The term cost of project shall embrace the cost of construction, the cost of all lands, properties, easements, rights and franchises acquired, the cost of machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, cost of engineering, inspection, fiscal agents, architectural and legal expenses, and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and placing the same in operation. Section 2. The members of the authority shall elect a chairman and vice-chairman, both of whom shall be members, and a secretary-treasurer or secretary and treasurer, both of whom may but neither of whom shall be required to be a member of the authority. Officers. Section 3. The authority shall have powers: (a) To acquire, hold and dispose of personal properties of every description, including the stock of other corporations, for its corporate purposes. (b) To buy, acquire, develop, improve, own, operate, maintain, sell, lease as lessor and lessee, and mortgage land, buildings and property of all kinds within the limits of Tift County, for its corporate purposes. (c) To receive and administer gifts, grants and donations; administer trusts; and enter into trust indentures, for its corporate purposes; (d) To grant, loan and lease any of its funds and property

Page 3193

to private persons and corporations promising to operate any industrial plant or establishment within Tift County which in the judgment of the authority will be of benefit to the people of said county: (e) To borrow money and to issue notes, bonds and revenue certificates therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security therefor; Powers. (f) To contract with Tift County and other political subdivisions and with private persons and corporations and to sue and be sued in its corporate name; (g) To have and exercise usual powers of private corporations except such as are inconsistent with this amendment, including the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the authority, and the power to adopt and amend a corporate seal and by-laws and regulations for the conduct and management of the authority; (h) 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 or dispose of same in any manner the authority deems to its best advantage. If the authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall then be in the County of Tift or the City of Tifton, the governing authorities of Tift County and the City of Tifton are authorized in their discretion to convey title to such lands, including any improvements thereon, to the authority; (i) To make contracts, and to execute all instruments necessary or convenient, including contracts for construction of projects and leases and rentals and sale of projects,

Page 3194

or contracts with respect to the use of projects which it erects or acquires; (j) To construct, erect, acquire, own, repair, remodel maintain, extend, improve, equip, operate and manage projects, self-liquidating or otherwise, located on property owned or leased by the authority, and to pay the cost of any such project from the proceeds of revenue bonds, notes and other obligations of the authority or from any grant from the County of Tift or City of Tifton, 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; (k) To borrow money for any of its corporate purposes and to execute notes, mortgages, revenue bonds, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing; (l) 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; (m) To issue revenue bonds for the purpose of defraying all or any part of the cost of any project of the authority and have the same validated in the Superior Court of Tift County in the same manner as revenue bonds of municipalities and counties are validated under the Revenue Bond Law (Ga. L., 1957, Vol. I, p. 36 et seq.) amending the law formerly known as the Revenue-Certificate Law of 1937 (Ga. L. 1937, p. 761 et seq., as amended), providing for the issuance and validation of revenue-anticipation certificates; (n) To exercise any and all of its powers to expand or enlarge any existing industrial plant or establishment within Tift County which is the judgment of the authority will benefit the people of Tift County; (o) To take over and acquire the assets and activities

Page 3195

and assume and pay all outstanding notes and other obligations of the Tifton Industrial Corporation, an organization heretofore incorporated by the Superior Court of Tift County, Georgia, and operated for purposes similar to the functions for which this authority was created; (p) To encourage and promote the expansion of industry, agriculture, trade and commerce in Tift County, and to make long range plans therefor; (q) 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; (r) To designate officers to sign and act for the authority generally or in any specific matter; (s) To do any and all acts and things necessary or convenient to accomplish the general purposes of the authority and carrying out the powers expressly conferred by this Act and the constitutional amendment by and through which the said authority was created. Section 4. The authority shall not be authorized to create in any manner any debt, liability or obligation against the State of Georgia or Tift County; Debts. Section 5. The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the authority when in performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as the officers agents and employees of the State of Georgia when in performance of their public duties or work of the State. The authority may be sued the same as private corporations on any contractual obligation of the authority; Actions. Section 6. The members of the authority shall receive no compensation for their services to the authority. Compensation.

Page 3196

Section 7. All properties of every kind owned by the authority, all notes, bonds and other obligations issued by the authority and all interest thereon shall be exempt from taxation and shall have the same immunities from taxation as the properties, obligations and interest on obligations of Tift County. Property. Section 8. The County of Tift, the City of Tifton and other political subdivisions of the State of Georgia are expressly authorized to enter into contracts with the authority as a public corporation. Contracts. Section 9. The Commissioners of Roads and Revenues of Tift County are authorized to appropriate to the authority such amount from its funds each year as it shall see fit, and any funds so appropriated when paid to the authority shall become a part of its funds and may be used by the authority in accordance with its powers and purposes as herein stated or as may be hereafter defined by law. Funds. Section 10. The property of the authority shall not be subject to levy and sale under legal process except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the authority, and any such property, funds or income may be sold under legal process or under any power granted by the authority to enforce payment of the obligation. Property. Section 11. All bonds and other obligations issued by the authority shall bear such date or dates; mature at such time or times, not exceeding 30 years from their respective dates; bear interest at such rate or rates, not exceeding six per centum (6%) per annum; be in such denominations; carry such registration privileges; be subject to such redemption privileges; and contain such terms, covenants, assignments and conditions as the resolution or other proceedings authorizing the issuance thereof may provide; all of which shall be binding upon the authority and its successors. Bonds. Section 12. In the event no bill of exceptions, to any

Page 3197

order or judgment of the Superior Court of Tift County validating any issue or issues of bonds issued or to be issued by the authority, is filed within the time prescribed by law, or, if filed, such judgment is affirmed by the appropriate appellate court of this State, the judgment of the Superior Court of Tift County confirming and validating the issuance of such bonds shall be forever conclusive as to the validity of such bonds and the security for the payment thereof and interest thereon against the authority and all parties contracting with the authority. All of such bonds and interest thereon so issued by the authority are hereby declared to be tax exempt for any and all purposes. Same. Section 13. There shall be no limitation upon the amount of debt which the authority may incur, but no debt created by the authority shall be a debt of Tift County. Same. 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. Credits. Section 15. This Act being for the purpose of developing and promoting the public good and the welfare of the County of Tift and the City of Tifton and their inhabitants, shall be liberally constructed 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. All laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Notice of Local Legislation. The undersigned will apply for the introduction and passage of local legislation of the January 1963 session of the General Assembly of Georgia affecting the Tift County Development Authority, created by Consitutional

Page 3198

Amendment (Ga. L., 1960, p. 1240) duly proposed and ratified and proclaimed, by providing for the selection of officers and agents thereof, the exercise of its powers for the expansion of existing industries, the validation of its bonds and other obligations, and further define and prescribe and enlarge its powers and duties and the exercise thereof. John L. Wright, Chairman Tift County Development Authority Affidavit. Georgia, Tift County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oaths, Homer Rankin, who being duly sworn on oath says that he is editor and publisher of The Tifton Gazette, the official organ of the City of Tifton and the newspaper published in the City of Tifton, Tift County, in which the sheriff's sales are advertised and which has a general circulation in Tift County, and that the attached and foregoing notice of proposed local legislation was duly published in said newspaper once a week for three weeks, in the issues of January 17, 24 and 31, 1963. /s/ Homer Rankin /s/ Mrs. L. B. Dover (Seal). Approved April 9, 1963.

Page 3199

CLAYTON COUNTYFIRE PROTECTION DISTRICTS. No. 364 (House Bill No. 375). An Act to amend an Act approved February 16, 1962 (Ga. L. 1962, p. 2257), providing for the establishment of fire protection districts in Clayton County, so as to provide for a tax on the property located in such districts; to further define such fire protection districts; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing fire prevention districts in Clayton County, approved February 26, 1962, (Ga. L. 1962, p. 2257), is hereby amended by striking Section 8 in its entirety and inserting in lieu thereof a new section 8 to read as follows: Section 8. In any fire prevention district which votes for levying such taxes, the governing authorities of Clayton County may levy up to five mills on all real and personal taxable property located within such district. The funds collected under this levy shall be used only for fire prevention purposes and only in the fire prevention district that voted for such levy. Taxes. Section 2. That said Act approved February 26, 1962, be further amended by striking the period at the end of section 1 thereof, inserting a colon and the following: Provided, however, that no property in Clayton County forming a part of the Atlanta Municipal Airport shall be included in any such fire prevention district and nothing contained in this Act shall be construed to require Clayton County or any fire prevention district of Clayton County or any municipality in Clayton County to furnish fire protection to any portion of said Atlanta Municipal Airport or any property located on or forming a part of said Atlanta Municipal Airport, Atlanta Municipal Airport. so that said section 1 as amended shall read as follows:

Page 3200

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: Provided, however, that no property in Clayton County forming a part of the Atlanta Municipal Airport shall be included in any such fire prevention district and nothing contained in this Act shall be construed to require Clayton County or any fire prevention district of Clayton County or any municipality in Clayton County to furnish fire protection to any portion of said Atlanta Municipal Airport or any property located on or forming a part of said Atlanta Municipal Airport. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Clayton County. Notice is hereby given that application will be made at the General Assembly of Georgia, which will convene in January 1963, for the passage and approval of a bill entitled as follows: An Act to amend an Act, Georgia Law, 1962, page 2257 Approved February 26, 1962 and all Acts amendatory thereto entitled Clayton County Fire Prevention Districts, to eliminate section 8 in its entirety, and substituting therefor section 8 to read as follows: In any Fire Prevention District which votes for levying such taxes, the Governing Authorities of Clayton County may levy up to five mills on all real and personal taxable property located within such district. The funds collected under this levy

Page 3201

shall be used only for fire prevention purposes and only in the fire prevention district that voted for such levy. This the 25 day of January, 1963. Edgar Blalock Wm. J. Lee Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. J. Lee, who, on oath, deposes and says that he is Representative from Clayton County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forest Park News, which is the official organ of said county, on the following dates: Jan. 31, Feb. 7 and 14, 1963. /s/ W. J. Lee Representative, Clayton County Sworn to and subscribed before me, this 19th day of February, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved April 9, 1963. CITY OF FOREST PARKCHARTER AMENDED. No. 365 (House Bill No. 377). 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 the payment of group insurance premiums for city employees of the

Page 3202

City of Forest Park; to provide for the furnishing of a conduit to be left open for the city's use each underground installation made in said city by communication system companies; 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 eneacted by authority of the same: Section 1. To provide for the payment of group insurance premiums by the City for city employees 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 City of Forest Park is authroized and empowered to enter into an agreement with insurance companies for group insurance for life, health, accident, hospitalization and annuity insurance for the benefit of said officers and employees of the city and their dependents and to pay part or all of the premium for said insurance out of the general fund. Participation in such group insurance by such officers and employees shall be entirely voluntary on the part of such person at all times and any employee desiring coverage under the group plan shall make his request in writing to the city manager, and at any time he desire to discontinue insurance under the group plan he shall also notify the city manager in writing of his desire and said employee shall cease to be covered under the group insurance plan. Section 2. Communication companies operating within the city doing underground work leave an open conduit for city . Be it further enacted that any and all communication companies, corporations or individuals participating in communications operating in the City of Forest Park shall on and after the passage of this Act when installing underground conduit lines leave one conduit open for the use of the City of Forest Park in each and every installation they make at no expense to the city. Said conduit shall be used by the city for benefit of the health, welfare and protection of the city in accordance with communication regulations and for no other purposes. Section 3. Be it further enacted that all laws and parts

Page 3203

of laws in conflict with this Act be and the same are hereby expressly repealed. Georgia, Clayton County. Personally appeared before me, the undersigned, an officer authorized to administer oaths, 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 the sheriff's advertisements for the locality is effected are published, once a week for three weeks, during the period of sixty (60) days immediately preceding its introduction into the General Assembly, as is required by Article 3, Section 7, Paragraph 15 of the Constitution of the State of Georgia. The following is a printed copy of the published notice. Notice is Hereby Given of Intention to Apply for Local Legislation. Notice is hereby given that the City of Forest Park will apply to the session of the General Assembly of Georgia convening in January, 1963, 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 and Councilman; to provide for the government of said city; to provide for the payment of group insurance premium for city employees and their dependents; to provide for the furnishing of an underground conduit by communication companies operating in the City for city uses; to provide for the repeal of all laws in conflict with these laws and for other purposes. This the 28th day of January, 1963. John R. McCannon for W. Reid Puckett, Mayor City of Forest Park /s/ W. Reid Puckett

Page 3204

Sworn to and subscribed before me, this the 14th day of February, 1963. /s/ B. F. Watson Notary Public, Clayton County, Georgia. My Commission expires Dec. 3, 1963. (Seal). State of Georgia, County of Clayton. Before me, the undersigned, an officer authorized to administer oaths, came J. Herman House, Jr., who, being first duly sworn, according to law, says that he is the publisher of the Forest Park News, 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 January 31, 1963, and once a week thereafter for two weeks as provided by law. Notice is Hereby Given of Intention to Apply for Local Legislation. Notice is hereby given that the City of Forest Park will apply to the session of the General Assembly of Georgia convening in January, 1963, 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 and councilman; to provide for the government of said city; to provide for the payment of group insurance premium for city employees and their dependents; to provide for the furnishing of an underground conduit by communication companies operating in the city for city uses; to provide for the repeal of all laws in conflict with these laws and for other purposes.

Page 3205

This the 28th day of January, 1963. John R. McCannon for W. Reid Puckett, Mayor City of Forest Park /s/ J. Herman House, Jr. Sworn to and subscribed before me, this the 14th day of February, 1963. /s/ Ida B. Holcomb Notary Public, Clayton County, Georgia. My Commission expires Dec. 3, 1963. (Seal). Approved April 9, 1963. LAW LIBRARIES IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 46,000 AND NOT MORE THAN 47,000. No. 367 (House Bill No. 407). An Act to authorize any counties in this State having a population of not less than 46,000 nor more than 47,000 according to the United States official census for 1960, or any future census, to establish and maintain a law library for the use of the judges, solicitors, ordinary, and other officers of the courts of said counties; to provide funds for the establishment and maintenance of said libraries; to provide for the management of said libraries; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this Act, the judge, or senior judge, if more than one, of the superior court of a circuit in which is located any county in this State having a population of not less than 46,000 and not more than 47,000 according to the United States official

Page 3206

census for 1960, or any future census, shall establish and maintain a law library for the use of the judges, solicitors, ordinary and other officers of the courts of said counties. Established. Section 2. For the purpose of providing funds for the establishment and maintenance of such libraries the sum of one ($1.00) dollar in addition to all other legal costs, shall be charged and collected in each suit, action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil and criminal or quasi-criminal nature, filed in the superior, county or any other court of record, in and for said counties and the clerks of each and every such court in counties in which such a law library shall be established shall collect such fees and remit same to the treasurer or other person or fiscal agent having custody of county funds, provided, that the judge or senior judge of said court, shall by order entered upon the minutes of the court, provide for the establishment and maintenance of such law library and shall cause to be furnished to the clerks of such courts with a certified copy of such minutes. Where the costs in criminal cases are not collected, the costs here provided for shall be paid from the fines or forfeitures fund of such court in which the case is filed before any other disbursement or distribution of such fines or forfeitures shall be made. Provided however, that Justice of the Peace Courts and Municipal and/or Recorders Courts are excluded from the provisions of this Act. The sum of one ($1.00) dollar collected as provided for herein shall be collected from the date this Act is approved through December 31, 1964; from January 1, 1965 through December 31, 1966 the sum of fifty ($.50) cents shall be collected for the purpose provided for herein and thereafter the sum of twenty-five ($.25) cents shall be collected for the purpose provided for herein. Costs. Section 3. In each county in which such a law library is established in accordance with this Act, the judge or senior judge, if more than one, of the superior court, shall

Page 3207

appoint a committee which shall be composed of officers of the courts in such counties to advise and make recommendations to the court upon the establishment, administration, and operation of the library, the selection and purchase of books and the appointment of personnel, the salaries to be paid and all other matters pertaining to the successful functioning of such library. Operations, etc. Section 4. All funds collected under this Act and particularly under section 2 hereof shall be separately remitted to the county treasurer or other person having control of county funds and a separate account of receipts and disbursements shall be kept by such officer. Funds. Section 5. Funds so held by the treasurer or other county officials shall be disbursed upon the order of the judge or senior judge of the superior court. Same. Section 6. The judge or senior judge of the superior court shall in his discretion appoint one employee for the physical operation and maintenance of the library which duty shall be in addition to his primary duty. Employees. Section 7. The county governing authority shall furnish necessary space, shelving, furniture, offices, lights, heat and water for the maintenance of such library. Equipment, etc. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1963. CITY OF BOWDONCHARTER AMENDED. No. 368 (House Bill No. 416). An Act to amend an Act creating a charter for the City of Bowdon, Georgia, approved August 12, 1910 (Ga. L. 1910, p. 408), as amended, so as to clearly provide for the number of meetings of the mayor and council to be held in any month; to provide payment of per diem for

Page 3208

the mayor and members of the council attending regular meetings thereof; to provide for the qualifications with the clerk of the mayor and council of all candidates for the office of mayor and councilman; to provide for the time and method of returning on real and personal property for taxation in the City of Bowdon; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a charter for the City of Bowdon, Georgia, approved August 12, 1910 (Ga. L. 1910, p. 408), as amended, is hereby amended by adding at the end of section 4 a subsection which shall be designated as subsection (a) and shall read as follows: (a) The mayor and council shall hold regular meetings twice in each month on the second and fourth Mondays of each month throughout the year. For attendance at each regular meeting the mayor shall receive from the city a per diem of $17.50 and each councilman attending each regular meeting shall receive a per diem of $12.50. The regular meetings of the mayor and council may be recessed from day to day and from time to time as the mayor in such meetings may determine. Less than a majority may recess the meeting to a further date. Meeting of council. so that when so amended section 4 shall read as follows: Section 4. That from and after the passage of this Act, the mayor of the Town of Bowdon shall be elected for a term of two years beginning with the term for which the mayor shall be elected at the election to be held on the second Monday in December, 1951, at which said election a mayor and two councilmen shall be elected each to serve for a term of two years. Biennially thereafter the mayor and two councilmen shall be elected to serve for a term of two years. Beginning with the term for which the election shall be held on the second Monday in December, 1952, two councilmen, but no mayor, shall be elected, and biennially thereafter, two councilmen only shall be elected to serve for a term of two years, so that hereafter the mayor and councilmen shall be elected for a term of two years each;

Page 3209

provided that this Act shall not affect the term of office now held by the mayor of said town. Said election shall be held at the council chamber or at such place in said town as the mayor and councilmen shall designate. Should there fail to be an election held in said town, at the above specified time from any cause whatever, the mayor and council of said town shall order an election held in said town by posting notice at three public places in said town and publishing said notice for two weeks prior to said election in any newspaper that may be published in said town or having a general circulation therein; The polls at all elections in said city shall be opened at 6:00 a.m. and shall close at 4:00 p.m., standard time. The qualification of voters of said election shall be such as are required for electors for the General Assembly of this State and in addition thereto a bona fide resident of said town for thirty days prior to said election and the payment of all legal taxes due and required of them by said corporation. (a) The mayor and council shall hold regular meetings twice in each month on the second and fourth Mondays of each month throughout the year. For attendance at each regular meeting the mayor shall receive from the city a per diem of $17.50 and each councilman attending each regular meeting shall receive a per diem of $12.50. The regular meetings of the mayor and council may be recessed from day to day and from time to time as the mayor in such meetings may determine. Less than a majority may recess the meeting to a further date. Section 2. Said Act is further amended by adding at the end of section 5 the following: Any candidate for mayor or councilman shall, in addition to the foregoing requirement not be eligible as a candidate or to hold office unless he qualifies himself by filing with the clerk of the mayor and council by 12:00 noon at least ten days prior to the date of election a signed certification that he is a candidate for the office he seeks, and paying the clerk $5.00 for qualification fee. Qualifying fees. so that when so amended section 5 shall read as follows:

Page 3210

Section 5. Be it further enacted, that no person shall be eligible to any office under this Act who is not eligible as a voter in the election aforesaid. Any candidate for mayor or councilman shall, in addition to the foregoing requirement not be eligible as a candidate or to hold office unless he qualifies himself by filing with the clerk of the mayor and council by 12:00 noon at least ten days prior to the date of election a signed certification that he is a candidate for the office he seeks, and paying the clerk $5.00 for qualification fee. Section 3. Said Act is further amended by striking section 21 in its entirety and inserting in lieu thereof a new section 21 to read as follows: Section 21. The tax assessors herein provided for shall be paid out of city funds for their services, such sums as the mayor and council may fix, but said sum to be paid each individual so serving shall not exceed $12.50 per day for actual services. Tax assessors. Section 4. Said Act is further amended by striking section 22 in its entirety and inserting in lieu thereof a new section 22 to read as follows: Section 22. The clerk of the council shall take from each person owning or holding real or personal property, either as an individual, agent, guardian, administrator, or other fiduciary, and from all corporations, firms and other entities, a sworn statement listing all such real estate and personal property and its true market value, if located within the corporate limits of the City of Bowdon, the same to be consolidated and reviewed by the tax assessors of the City of Bowdon. Such tax return shall be made not earlier than January 1 of each year, and not later than March 1 of each year. Should any property owner fail to make said returns within said period, the tax assessors shall make and file with the clerk said returns, and if there shall be vacancies in the office of tax assessors so that the tax assessors cannot function within thirty days after March 1 of each year, then the mayor and council shall make said returns for such defaulting taxpayer, and shall

Page 3211

within thirty days thereafter give notice to such defaulting taxpayer of the valuation placed upon the property of such taxpayer. Tax returns, etc. Section 5. Said Act is further amended by striking section 23 in its entirety and inserting in lieu thereof a new section 23 to read as follows: Section 23. From and after the passage of this amendment to the Act creating the City of Bowdon, it shall be the duty of all persons, firms and corporations owning real or personal property, money, or choses in action in the City of Bowdon, subject to taxation under the laws of this State, to make return thereof for city taxation under oath to the clerk of the mayor and council of said city, on forms therefor to be provided by the mayor and council, containing questions that will reach all species of real and personal property, money, and choses in action subject to taxation. The questions shall require separate answers and the oath to said forms shall be administered by the clerk to the party making the return. Same. 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 that the City of Bowdon, Georgia, intends to apply for passage of local legislation at the 1963 session of the General Assembly of Georgia, convening in January, 1963 to amend the charter of the City of Bowdon, the title to such bill or bills to be as follows: An Act to amend an Act incorporating the Town of Bowdon in the County of Carroll, approved August 12, 1910, and the several Acts amendatory thereof so as to provide, among other things for a bi-monthly meeting of the mayor and council; compensation for the mayor and councilmen for attendance upon such meetings; to provide for qualification with the clerk of the city by candidates seeking election to the office of mayor or councilman; to

Page 3212

provide time for making tax returns to the city, and for other purposes. This 9th day of January, 1963. B. A. Martin City Clerk Robert D. Tisinger City Attorney City of Bowdon, Georgia Affidavit. Georgia, Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Carroll County Georgian, legal organ for Carroll County. The following dates, to-wit: January 10, 1963, Jan. 17, Jan. 24, Jan. 31. Sworn to on the 8th day of Feb., 1963. /s/ Stanley Parkman, Publisher Sworn to and subscribed to before me, on the 8th day of Feb. 1963. /s/ Mrs. Martha L. Smith Notary Public (Seal). Approved April 9, 1963.

Page 3213

TOWN OF CUSSETACHARTER AMENDED. No. 373 (House Bill No. 430). An Act to amend an Act reincorporating the Town of Cusseta, in Chattahoochee County, State of Georgia, approved August 16, 1920 (Ga. L. 1920, p. 884), as amended, so as to change the terms of the mayor and councilmen of said town; to change the opening and closing times for the polls on election day; 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 reincorporating the Town of Cusseta, in Chattahoochee County, State of Georgia, approved August 16, 1920 (Ga. L. 1920, p. 884), is hereby amended by striking from section 6 the words one year wherever they appear and substituting in lieu thereof the words two years so that when so amended section 6 shall read as follows: Section 6. Be it further enacted, That on the first Saturday in December, 1920, and annually thereafter on the same day, an election shall be held in said town, in the manner and place hereinafter provided, for the purpose of electing a mayor and council for said Town of Cusseta, whose term of office shall be two years, or until their successors are elected and qualified, and whose terms of office shall begin on the date and at the time of the next regular meeting of said town council after said election. In the event no election is held at the regular time, as provided by this Act, a special election may be called by the mayor and council to be held on same other day, first giving ten days' notice of such election by posting notice thereof at the door of the courthouse of said County of Chattahoochee, and at the postoffice, in said Town of Cusseta. Terms of mayor and council. Section 2. Said Act is further amended by striking from the first sentence of section 8 the words ten o'clock a.m. till three o'clock p.m. and substituting in lieu thereof the

Page 3214

words seven o'clock a.m. till six o'clock p.m. so that when so amended the first sentence of section 8 shall read as follows: Section 8. Be it further enacted, That all elections held in and for said town shall be held at the county courthouse in said town, and that the polls in all such elections shall be open from the hour of seven o'clock till six o'clock p.m., when they shall be closed, and the managers of said election shall immediately proceed to count the ballots and consolidate the returns of said election and certify the same; they shall keep two lists of voters and two tally sheets, referring to said election, and shall make certificates of the result of said election on each of said tally sheets, and shall place one of the said lists of voters and one of said tally sheets, together with the ballots cast in said election, in an envelope, box or other package and carefully seal the same, write their names across the said seal, and deposit the same with the clerk of the superior court of said County of Chattahoochee; the other list of voters and tally sheets shall be likewise sealed, the names of the election managers written across the said seal, and promptly filed by the said managers with the clerk of the said town council for delivery to and inspection by said town council, who shall at the next regular meeting of said town council after the said election is so held, declare the result of the said election. Elections. Section 3. Nothing contained in this Act shall be construed as affecting the terms of the present Mayor and Councilmen of the City of Cusseta, Georgia. Intent. Section 4. The provisions of this Act shall become effective December 1, 1963. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Legislation. Town of Cusseta, Georgia: Notice is hereby given that application will be made at

Page 3215

the session of the General Assembly of Georgia convening in January, 1963, for passage of a bill entitled as follows: An Act to amend an Act entitled An Act to amend, revise, consolidate, and supersede the several Acts incorporating the Town of Cusseta, in Chattahoochee County, State of Georgia, to reincorporate said town or corporation, to create a new charter and municipal government for said town; to declare and consolidate the rights and powers of said corporation, and for other purposes therein enumerated, which said Act sought to be amended was approved August 16, 1920, Acts 1920, pages 884 to 941 inclusive, so as to change the term of office for mayor and councilmen from one year to two years (Section 6) and so as to change the opening and closing time of the polls for elections held in and for said Town from ten o'clock a.m. until three o'clock p.m. to seven o'clock a.m. until six o'clock p.m. (Section 8). This, the 21st day of January, 1963. Coffin Brinkley By: Jack T. Brinkley Attorneys for Town of Cusseta Georgia, Muscogee County. Personally appeared before me, the undersigned attesting witness, a notary public in and for Muscogee County, Georgia, Wallace A. Kitchen, who, on oath deposes and says that he is the classified adv. manager of the Columbus Enquirer, the newspaper in which sheriff's advertisements for Chattahoochee County are published; and that the foregoing and attached notice was duly published in said newspaper once a week for four weeks, to wit: on January 23, 1963; January 30, 1963; February 6, 1963; and February 13, 1963. /s/ Wallace A. Kitchen Deponent

Page 3216

Sworn to and subscribed before me, this 14th day of February, 1963. /s/ Judy R. Medlock Notary Public, Muscogee County, Ga. My Commission expires Aug. 1, 1966. (Seal). Approved April 9, 1963. CITY COURT OF REIDSVILLEJUDGE'S SALARY, FINES AND FORFEITURES. No. 374 (House Bill No. 447). An Act to amend an Act establishing the City Court of Reidsville, approved August 22, 1905 (Ga. L. 1905, p. 335), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 2785), an Act approved February 15, 1952 (Ga. L. 1952, p. 2835), an Act approved March 5, 1957 (Ga. L. 1957, p. 2343), and an Act approved March 10, 1959 (Ga. L. 1959, p. 2846), so as to change the compensation of the judge; to provide for the disposition of all monies arising from fines, forfeitures, forfeited recognizances and convict hire over and above cost in each case; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia Section 1. An Act establishing the City Court of Reidsville, approved August 22, 1905 (Ga. L. 1905, p. 335), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 2785), an Act approved February 15, 1952 (Ga. L. 1952, p. 2835), an Act approved March 5, 1957 (Ga. L. 1957, p. 2343), and an Act approved March 10, 1959 (Ga. L. 1959, p. 2846), is hereby amended by striking from the seventh sentence of section 4 the following: to be fixed by the county commissioners of Tattnall County, which shall be not less than three thousand dollars ($3,000.00) and not greater than five thousand dollars

Page 3217

($5,000.00) per year, and substituting in lieu thereof the following: of four thousand two hundred dollars ($4,200.00), so that when so amended 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 Tattnall, who shall hold his office for the term of four years, and if there should be a vacancy in the office of judge, the Governor shall, by appointment, fill the same until the next general election, when a judge shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections, and shall serve until the election and qualification of his successor. The first election for said judge shall be held at the general election in October, 1910, under the same rules and regulations governing the election of members of the General Assembly; and the judge elected on said date shall go into office on the first day of January, 1911, and hold his office for a period of four years, and until his successor is elected and qualified. His successors shall be elected at the general election for members of the General Assembly every four years thereafter, and go into office on the first day of January after he is elected. Immediately after this Act is approved by the Governor of this State, the said Governor shall appoint a judge of said court to serve from the time of his appointment until the first day of January, 1911. The said appointment shall be with the advice and consent of the Senate; provided, that the Senate is in session, and if it is not in session, there shall be a vacation appointment to hold until the next session of the Senate. The qualification of said judge shall be that he has been a practicing attorney for two years, and a resident of Tattnall county for four years immediately preceding his appointment, or election as judge of said court, and shall, before entering upon the discharge of his duties, take and subscribe the following oath: `I do solemnly swear that I will administer justice without respect of person, and do equal justice alike to rich and poor, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of city court of

Page 3218

Reidsville, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States; so help me, God,' which oath shall be filed with the executive department. The judge of said court shall receive an annual salary of four thousand two hundred dollars ($4,200.00), and which shall be paid monthly by the Treasurer of Tattnall county out of funds in his hands for paying the current expenses of said county. The judge of said court shall receive no other compensation for his services. He shall not be permitted to practice law in his own court, but he may practice in any other court. Compensation of judge. Section 2. Said Act is further amended by striking in its entirety section 43 and substituting in lieu thereof a new section 43 to read as follows: Section 43. Be it enacted by the authority aforesaid, that all monies arising from fines, forfeitures, forfeited recognizances and convict hire arising in said city court, over and above the court costs in each case, shall belong to the county commissioners of Tattnall County. It shall be the duty of the clerk of the city court to keep a record of all such monies collected, and once every three months, at the beginning of a quarter, he shall make settlement with the county commissioners for the portion of such monies in his hands belonging to said county. Fines, forfeitures, etc. 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 at the January, 1963 session of the General Assembly of Georgia, a bill will be introduced to change the compensation of the judge of the City Court of Reidsville and to repeal conflicting laws and for other purposes. This January 15, 1963. H. E. Kirkland, Representative, Clinton P. Oliver, State Senator.

Page 3219

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 of Intention to Introduce Local Legislation was published in the Tattnall Journal, which is the official organ of said county, on the following dates: January 17, 24, and 31st, 1963. /s/ H. E. Kirkland Representative, Tattnall County Sworn to and subscribed before me, this 25th day of February, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved April 9, 1963. WAYNE COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 375 (House Bill No. 461). An Act to amend an Act creating a board of commissioners of roads and revenues of Wayne County approved March 6, 1962 (Ga. L. 1962, p. 3110) so as to change the 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 of Wayne County approved March 6, 1962 (Ga. L. 1962, p. 3110) is hereby amended by striking from section 8 the figures and words $100.00 per month and substituting in lieu thereof the figures and words

Page 3220

$50 per month, so that when so amended, section 8 shall read as follows: Section 8. Compensation : Members of the board herein created shall be paid, as their entire compensation for services, the sum of $50.00 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 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 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit. 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 above newspaper on the following dates: Jan. 31, Feb. 7, 14, 1963. /s/ W. B. Rhoden Editor and/or Publisher Sworn to and subscribed before me, this the 25th day of February, 1963. /s/ Irelle Strange Notary Public, Wayne County, Georgia. My Commission expires October 28, 1966. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1963 session of the General Assembly of Georgia, a bill to reduce the compensation of the members

Page 3221

of the board of roads and revenues of Wayne County from $100.00 per month to $25.00 per month. This 29th day of January, 1963. James E. Warren Representative, Wayne County. A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Wayne County, approved March 6, 1962, (Ga. L. 1962, p. 3110) so as to change the 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 of Wayne County approved March 6, 1962, (Ga. L. 1962, p. 3110) is hereby amended by striking from section 8 the figures and words $100.00 per month and substituting in lieu thereof the figures and words $25.00 per month, so that when so amended section 8 shall read as follows: Section 8. Compensation: Members of the board herein created shall be paid, as their entire compensation for services the sum of $25.00 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 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 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1963.

Page 3222

CITY OF AUSTELLCHARTER AMENDED. No.376 (House Bill No. 474). 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), and an Act approved February 27, 1962 (Ga. L. 1962, p. 2388), so as to change the corporate limits of the City of Austell; to authorize the mayor and council to issue building permits; 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), and an Act approved February 27, 1962 (Ga. L. 1962, p. 2388), is hereby amended by striking the phrase running thence north 89 degrees 59 minutes west for a distance of 1,090.8 feet to a point and corner; , as it appears in parcel 1 of section 3F, and substituting in lieu thereof the following: running thence north 48 degrees 59 minutes west for a distance of 1,090.8 feet to a point and corner; . Corporate limits. Section 2. Said Act is further amended by adding between section 3F and section 4 two new sections to be numbered section 3G and section 3H and to read as follows: Section 3G. 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. 29 and 30 of the 18th district, 2nd section, Cobb County, Georgia, as shown on plat of survey

Page 3223

prepared by J. P. Phillips, Surveyor, dated October 29, 1962, and being more particularly described as follows: Beginning at a point on the westerly side of Maxham Road, 656 feet south of the intersection of the westerly side of Maxham Road and south side of Bankhead Highway (this being the present city limits of the City of Austell); running thence south along the westerly side of Maxham Road for a distance of 188 feet to a point; running thence west across Maxham Road for a distance of 50 feet to the east side of Maxham Road; running thence north along the east side of Maxham Road for a distance of 178 feet to a point; running thence east for a distance of 25 feet to a point; running thence northerly and parallel to the easterly side of Maxham Road for a distance of 93.7 feet to a point; running thence north 88 degrees 48 minutes east for a distance of 2,325 feet to a point; running thence north 2 degrees 10 minutes west for a distance of 200 feet to a point; running thence north 88 degrees 48 minutes east for a distance of 130 feet to a point; running thence north for a distance of 658 feet to a point located on the south side of Bankhead Highway; running thence west along the south side of Bankhead Highway for a distance of 297 feet to a point; running thence south for a distance of 676 feet to an iron pin; running thence north 88 degrees 48 minutes east for a distance of 99 feet to a point; running thence south 2 degrees 10 minutes east for a distance of 150 feet to a point; running thence south 88 degrees 48 minutes west for a distance of 2,262 feet to a point located on the easterly side of Maxham Road; running thence southerly along the easterly side of Maxham Road for a distance of 145.1 feet to a point; running thence westerly across Maxham Road for a distance of 50 feet to a point and corner and the point of beginning. Corporate limits. Parcel 2. All that tract or parcel of land lying and being in Douglas County, Georgia, as shown on plat of the property of Mary Noble Mozley and Wilhemina Mozley Shirey, dated November 18, 1960 and revised December 27, 1960, and being more particularly described as follows: Beginning at a point on the line dividing Cobb County, Georgia and Douglas County, Georgia, said point being where the center line of Line Street intersects the west

Page 3224

line of Austell Avenue; running thence south along the west side of Austell Avenue for a distance of 118 feet to a point and corner; running thence east for a distance of 130 feet to a point and corner located on the northwesterly side of Bankhead Highway; running thence southwesterly along the northwesterly side of Bankhead Highway for a distance of 161 feet to a point; running thence southeasterly, across Bankhead Highway, for a distance of 60.7 feet to a point and corner; running thence southeasterly for a distance of 151.5 feet to a point located on the northwesterly side of Spring Street; running thence southeasterly and crossing Spring Street, for a distance of 47 feet to a point and corner; running thence northeasterly along the southeasterly side of Spring Street for a distance of 467 feet to a point and corner; running thence southeasterly for a distance of 375 feet to an iron pin; running thence north 42 degrees 52 minutes east for a distance of 375.6 feet to an iron pin; running thence north 65 degrees 05 minutes west for a distance of 367 feet to an iron pin located where the southeasterly line of Spring Street intersects the existing city limits line as shown on said plat; running thence south 88 degrees 17 minutes west along the existing city limits line and the dividing line between Cobb County and Douglas County, for a distance of 550 feet to a point and corner and the point of beginning. Section 3H. The mayor and council shall not have the authority to issue any licenses for the sale of beer or alcoholic beverages on the land described in parcel 2 of section 3G above. Alcoholic beverages. Section 3. Said Act is further amended by adding at the end of section 42 the following: The mayor and council shall have the right and power to authorize from time to time the issuance of the building permits herein required by a committee of council, or by the city building inspector, or by any other authorized city official. Building permits. Section 4. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged

Page 3225

invalid or unconsitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February-March 1963 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 7th day of January, 1963. Robert E. Flournoy, Jr. E. W. Teague Joe Mack Wilson Kyle Yancey Ed Kendrick State Legislators Georgia, Cobb County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Mack Wilson, E. W. Teague and Robert E. Flournoy, Jr., who on oath, depose and say that they are the three 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

Page 3226

of said county, on the following dates: January 11, 18 and 25, and February 1, 1963. /s/ Joe Mack Wilson /s/ E. W. Teague /s/ Robert E. Flournoy, Jr. Representatives, Cobb County Sworn to and subscribed before me, this 26th day of February, 1963. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia. My Commission expires Sept. 13, 1964. (Seal). Legal Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1963 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 15th day of January, 1963. Luke G. Garrett, Jr. Mayor, City of Austell. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. A. Fowler, Jr., who, on oath, deposes and says that he is Representative from Douglas County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel, which is the official organ

Page 3227

of said county, on the following dates: January 17, 24 and 31, 1963. /s/ A. A. Fowler, Jr. Representative, Douglas County Sworn to and subscribed before me, this 26th day of February, 1963. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia. My Commission expires Sept. 13, 1964. (Seal). Approved April 9, 1963. CATOOSA COUNTYBOARD OF UTILITIES COMMISSIONERS. No. 382 (House Bill No. 526). An Act to amend an Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), and for other purposes more fully set out in the caption of said Act, so as to provide that all vacancies on said board shall be filled by appointment of the commissioner of roads and revenue of Catoosa County, Georgia, instead of the judge of the Superior Court of Catoosa County, Georgia; 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. An Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499) is hereby amended by striking therefrom paragraph no. 1 of section 2 in its entirety and substituting in lieu thereof a new paragraph no. 1 which shall read as follows:

Page 3228

Section 2. The board shall consist of three residents of Catoosa County, each of whom shall be a qualified voter therein and shall be a freeholder and a consumer under the Catoosa County Water District. The first members of the board shall be David Brown to serve for a term ending December 31, 1957, Paul Bowman to serve for a term ending December 31, 1959, J. F. Shirley to serve for a term ending December 31, 1961, each term of office to commence on the day this Act becomes effective. After the expiration of each of the above prescribed terms of office each member of the board shall serve for a term of six years. Each vacancy in membership, whether occasioned by expiration of office or otherwise, shall be filled by appointment of the commissioner of roads and revenues of Catoosa County, Georgia. Permanent removal of any member from Catoosa County shall vacate his membership. Members shall be eligible for re-election or reappointment, but no person shall serve for more than two full terms, and for purposes of such computation the original terms of the three first members of the board shall not be counted. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passing Local Legislation. Notice is hereby given that there will be introduced at the January 1963 session of the General Assembly of the State of Georgia a Bill to amend the Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), so as to provide that all vacancies on said Board shall be filled by the commissioner of roads and revenue of Catoosa County, Georgia, instead of the Judge of the Superior Court of Catoosa County, Georgia, and for other purposes. This 11th day of January, 1963. Joe T. Clark Joe B. Tucker Representatives, Catoosa County, Georgia

Page 3229

Georgia, Catoosa County. Personally appeared before me, an officer duly authorized to administer oaths, Ned Lee, who, being duly sworn, deposes and states that he is editor of the Catoosa County News a paper of general circulation and the one in which sheriff's advertisements are published in Catoosa County, Georgia, and the above notice of intention to ask for local legislation was published in the Catoosa County News on the following dates: February 14, 1963, February 21, 1963, February 28, 1963. /s/ Ned Lee Sworn to and subscribed before me, this 1st day of March, 1963. /s/ Carolyn L. Cavin Notary Public. (Seal). Approved April 9, 1963. CITY COURT OF HALL COUNTYSALARIES OF JUDGE AND SOLICITOR. No. 383 (House Bill No. 537). An Act to amend an Act providing for the appointment and salary of a judge and solicitor for the City Court of Hall County approved August 14, 1891 (Ga. L. 1890-91, p. 939), as amended, particularly by an Act approved July 29, 1903, (Ga. L. 1903, p. 133) and an Act approved March 3, 1955 (Ga. L. 1955, p. 2586), so as to change the compensation of the judge and solicitor of said City Court of Hall County; to repeal conflicting laws; and for other purposes.

Page 3230

Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the appointment and salary of a judge and solicitor for the City Court of Hall County approved August 14, 1891 (Ga. L. 1890-91, p. 939), as amended, particularly by an Act approved July 29, 1903 (Ga. L. 1903, p. 133) and an Act approved March 3, 1955 (Ga. L. 1955, p. 2586), is hereby amended by striking from section 2 of said Act the figures $4,800.00 wherever they appear and substituting in lieu thereof the words and figures $6,000.00 per annum, payable monthly, so that when so amended, section 2 shall read as follows: Section 2. There shall be a judge of said city court, who shall be elected by the qualified voters of Hall County who shall, after the first term of office hereafter provided for, hold his office for the term of four years, and all vacancies in the office of judge, except as hereinafter provided, shall be filled by appointment of the Governor in the same manner as vacancies are filled for superior court judgeships. The judge of said city court shall receive a salary of $6,000.00 per annum, payable monthly, which shall not be increased nor diminished during his continuance in office except to apply to a subsequent term, and shall be paid monthly out of the treasury of the County of Hall, out of any funds not otherwise specifically appropriated by some general law; and it shall be the duty of the ordinary of Hall County, or other or proper officer of said county, to make provisions annually in levying taxes for this purpose. The said city judge shall receive no other compensation than the salary herein provided. Judge's salary. Section 2. Said Act is further amended by striking from section 4 of said Act the words and figures $4,200.00 per annum and substituting in lieu thereof the words and figures $5,400.00 per annum, payable monthly, so that when so amended said section 4 shall read as follows: Section 4. There shall be a solicitor for said city court who shall have practiced law for two years, who shall be elected by the qualified voters of Hall County, whose term of office after the first term of office hereinafter

Page 3231

provided for shall be for four years, whose salary shall be $5,400.00 per annum, payable monthly; the clerk and sheriff and their deputies of the Superior Court of Hall County shall be ex officio clerk, sheriff and deputies of said city court, and for services rendered in said city court shall be entitled to the same fees as are allowed the solicitors-general and the clerks and sheriffs by law in the superior court, and discharge the same duties and shall be subject to the same obligations and penalties. Solicitor's salary. 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 local legislation will be applied for at the regular session of the 1963 General Assembly of Georgia fixing the salaries of the judge and solicitor of the City Court of Hall County, Georgia. This notice is given for the purpose of complying with sections 2-1915 and 47-801, Georgia Code Annotated. W. M. Williams Howard T. Overby Publisher's Affidavit. State of Georgia, County of Hall. Before me, the undersigned notary public, this day personally came Lou Fockele, who, being first duly sworn according to law, says that he is general manager of The Daily Times, a newspaper published in Gainesville, Hall County, Georgia, which is the newspaper designated for the publication of sheriff's advertisements in said county and having a general circulation in said county, and that the publication of which the annexed is a true copy was published in said newspaper on February 8, 15 and 22, 1963, as provided by law. /s/ Lou Fockele

Page 3232

Sworn to and subscribed before me, this 1st day of March, 1963. /s/ Euline R. Mills Notary Public, Hall County, Georgia. (Seal). Approved April 9, 1963. TOWN OF CLERMONTELECTIONS, VOTER REGISTRATION. No. 384 (House Bill No. 538). An Act to amend the charter of the Town of Clermont, Georgia, as established by Act of the General Assembly of Georgia approved August 11, 1913, Georgia Laws 1913, page 674, by providing that all elections for mayor and councilmen for The Town of Clermont shall be held at the place designated at the town hall of Clermont by the mayor and council of said town, and by providing for the qualification of voters in the Town of Clermont, the establishment of a book of registered voters, and by providing that the clerk elected by the mayor and council of the Town of Clermont shall keep a permanent voter's list of qualified voters of the Town of Clermont; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. Section 4 of the charter of the Town of Clermont, Georgia, as established by Act of the General Assembly of Georgia approved August 11, 1913, Georgia Laws 1913, page 674, is hereby amended by adding thereto the following: All elections for mayor and councilmen for the Town of Clermont, Georgia, shall be held at the place in Clermont, Georgia, designated as the town hall by the mayor and council of the Town of Clermont, Georgia. A

Page 3233

permanent voters list of qualified voters of Clermont, Georgia, shall be prepared from the book of registered voters hereinafter mentioned and kept by the clerk elected by the mayor and council of the Town of Clermont, and the qualifications for said voters shall be the same as those stated in the original charter of the Town of Clermont, except that in any election held on and after December 1, 1963, no person shall be allowed to vote who shall not have attained his or her eighteenth birthday on or before the date of the election or who shall not have registered with the clerk appointed by the mayor and council at least three months prior to such election by signing his or her name in a book of registered voters kept for said purpose by said clerk, and in which book shall be entered, at the time of registration of each voter, the age, occupation and address of each voter. A registration once thus made shall remain valid so long as the voter remains a resident of the town. Said book of registered voters shall be open for registration for thirty days each year, commencing one hundred and twenty days prior to the annual election specified by the original charter of the Town of Clermont. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Publisher's Affidavit. State of Georgia, County of Hall. Before me, the undersigned notary public, this day personally came Lou Fockele, who, being first duly sworn according to law, says that he is general manager of The Daily Times, a newspaper published in Gainesville, Hall County, Georgia, which is the newspaper designated for the publication of sheriff's advertisements in said county and having a general circulation in said county, and that the publication of which the annexed is a true copy was published in said newspaper on February 15 and 22, 1963, and March 1, 1963, as provided by law. /s/ Lou Fockele

Page 3234

Sworn to and subscribed before me, this 1st day of March, 1963. /s/ Euline S. Milis Notary Public, Hall County, Georgia. My Commission expires June 7, 1963. (Seal). Notice of Local Legislation. Notice is hereby given that local legislation will be applied for at the regular session of the 1963 General Assembly of Georgia to amend the charter of the Town of Clermont, Georgia, as established by Act of the General Assembly of Georgia approved August 11, 1913, Georgia Laws, 1913, page 674, by providing that all elections for mayor and councilmen for the Town of Clermont shall be held at the place designated as the town hall of Clermont by the mayor and council of said town, and by providing for the qualification of voters in the Town of Clermont, the establishment of a book by registered voters, and by providing that the clerk elected by the mayor and council of the Town of Clermont shall keep a permanent voter's list of qualified voters of the Town of Clermont; to repeal conflicting laws, and for other purposes. R. L. Turner, Mayor Town of Clermont Approved April 9, 1963. DODGE COUNTYCOMPENSATION OF CLERK OF ORDINARY. No. 385 (House Bill No. 545). An Act to amend an Act placing the ordinary of Dodge County, Georgia, on a salary basis approved March 17, 1960, (Ga. L. 1960, p. 2613), so as to change the allowable compensation of the clerk to the ordinary of Dodge County, Georgia; to change the manner of payment of

Page 3235

such clerk; to provide how and when the same shall be paid; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same as follows: Section 1. An Act entitled Dodge County - Ordinary placed on salary basis, approved March 17, 1960, (Ga. L. 1960, p. 2613), is hereby amended by striking section 6 of said Act in its entirety and inserting in lieu thereof a new section 6 so that when so amended said section 6 shall read as follows: Section 6. The ordinary of Dodge County may employ one clerk for said office if he deems the same to be advisable, and if so employed, said clerk shall be paid an annual salary out of the general funds of Dodge County, Georgia, to be determined from time to time by the commissioner of roads and revenues of Dodge County, Georgia, which annual salary shall be a minimum amount of two thousand dollars ($2,000.00) per year and a maximum amount of two thousand six hundred and forty dollars ($2,640.00) per year, one twelfth (1/12) of such annual salary shall be paid to said clerk at the end of each month's service. The ordinary of Dodge County may employ such other deputies, clerks or other employees as are authorized by law, at his own expense. Section 2. The salary herein provided for shall be payable on the last day of the month following final passage and approval of this Act and thereafter on the last day of each succeeding month. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Dodge County. Notice is hereby given that there will be introduced to the January, 1963 session of the General Assembly of Georgia

Page 3236

a bill to increase the allowable compensation for clerks to the ordinary of Dodge County, Georgia from $200.00 per month to $220.00 per month; to change the manner of payment of such clerks; to provide how and when the same shall be paid; and for other purposes. This the 22nd day of January, 1963. W. S. Stuckey, Representative, Dodge County, Georgia. Georgia, Dodge County. I, E. T. Methvin, do certify that I am publisher of the Times-Journal, the official organ of Dodge County, Georgia, and that the foregoing notice was published in the said Times-Journal in the issues appearing on January 23rd, 30th and February 6th, 1963. This February 28, 1963. /s/ E. T. Methvin Sworn to and subscribed before me, this 28th day of February, 1963. /s/ Wilton D. Harrington Notary Public, Dodge County, Georgia. (Seal). Approved April 9, 1963.

Page 3237

DODGE COUNTYCOMPENSATION, ETC. OF DEPUTY SHERIFFS AND DEPUTIES OF CLERK OF SUPERIOR COURT. No. 386 (House Bill No. 546). An Act to amend an Act to change from the fee system to the salary system in the County of Dodge, State of Georgia, the sheriff of said county and the clerk of superior court thereof approved March 10, 1959, (Ga. L. 1959, p. 2721), as amended by an Act approved April 5, 1961, (Ga. L. 1961, p. 3128), and as amended by an Act approved April 5, 1961, (Ga. L. 1961, p. 3424), so as to change the total allowable compensation to be paid to the additional deputy sheriff of Dodge County, to the deputy clerk of Dodge Superior Court, and to an assistant or assistants in the office of the clerk of Dodge Superior Court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same as follows: Section 1. An Act entitled Dodge CountyFee system abolished as to sheriff and clerk of superior court, approved March 10, 1959, (Ga. L. 1959, p. 2721), as amended by an Act approved April 5, 1961, (Ga. L. 1961, p. 3128), and further as amended by an Act approved April 5, 1961, (Ga. L. 1961, p. 3424), is hereby amended by striking sections 5 and 6 in their entirety and inserting in lieu thereof new sections 5 and 6 so that when so amended said sections 5 and 6 shall read as follows: Section 5. The sheriff of Dodge County may employ one deputy sheriff to be paid a salary not in excess of four hundred dollars ($400.00) per month as determined by said sheriff out of the general funds of said county by the Commissioner of Roads and Revenues of said county. In addition thereto the sheriff may, with the prior approval of the commissioner of roads and revenues of Dodge County, employ an additional deputy, who shall have the

Page 3238

special duty in addition to the regular duties of a deputy sheriff, to collect and preserve all delinquent state, county and school taxes and special levies, to retire county and school bonds and to levy all tax fi. fas. placed in the hands of the sheriff or his deputy, by a tax commissioner of Dodge County, as well as any tax fi. fas. that may be presently in the sheriff's possession. Said deputy shall by the tenth day of each month pay over to the tax commissioner of Dodge County all taxes collected and shall make a monthly report thereof to the tax commissioner of Dodge County, furnishing a copy of said report to the commissioner of roads and revenues of Dodge County. Nothing herein contained shall keep said deputy sheriff from performing any other duty assigned to him by the sheriff, nor shall the sheriff be relieved of any duty imposed on him by law to levy any tax fi. fas. placed in his hands. Said deputy sheriff shall be subject to removal from office by either the sheriff or the commissioner of roads and revenues of Dodge County. Said deputy sheriff shall be paid an annual salary out of the general funds of said county by the commissioner of roads and revenues of said county, which annual salary shall be a minimum of two thousand dollars ($2,000.00) and a maximum of two thousand six hundred and forty dollars ($2,640.00) as set from time to time by the commissioner of roads and revenues of said county, said salary to be paid monthly. Said deputy sheriff shall enter into a bond in the sum of five thousand dollars ($5,000.00) payable to the sheriff and conditioned upon the faithful performance of his duties as such deputy sheriff and the premium on said bond shall be paid out of the general county funds. Sheriff's deputies. Said sheriff may employ such other deputies as are authorized by law, as his expense. Section 6. The clerk of the Superior Court of Dodge County shall employ a deputy clerk, who shall be paid a monthly salary out of the general funds of Dodge County by the commissioner of roads and revenues of said county, which salary shall be a minimum of two hundred fifty dollars ($250.00) per month and a maximum of three hundred and twenty-five dollars ($325.00) per month as set

Page 3239

from time to time by the commissioner of roads and revenues of said county. In addition thereto said clerk may employ such assistant or assistants as the official work in his office may require; provided however that the total compensation to be paid for such assistant or assistants shall not exceed the sum of three hundred and thirty dollars ($330.00) per month, such compensation to be determined from time to time by the commissioner of roads and revenues of Dodge County. The salaries of such assistant or assistants, not to exceed three hundred and thirty dollars ($330.00) per month for the total of such salaries, shall be paid out of the general funds of said county by the commissioner of roads and revenues of said county. Section 2. The salaries herein provided for shall be payable on the last day of the month following final passage and approval of this Act and thereafter on the last day of each succeeding month. Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Dodge County. Notice is hereby given that there will be introduced at the January, 1963 session of the General Assembly of Georgia a bill to increase the allowance for the total compensation to be paid to the assistants in the office of the clerk of Dodge Superior Court, other than the deputy clerk from $300.00 per month to $330.00 per month; to provide how and when the same shall be paid; and for other purposes. This the 22nd day of January, 1963. W. S. Stuckey, Representative, Dodge County, Georgia

Page 3240

Georgia, Dodge County. I, E. T. Methvin, do certify that I am publisher of the Times-Journal, the official organ of Dodge County, Georgia, and that the foregoing notice was published in the said Times-Journal in the issues appearing on January 23rd, 30th and February 6th, 1963. This February 28, 1963. /s/ E. T. Methvin Sworn to and subscribed before me, this 28th day of February, 1963. /s/ Wilton D. Harrington Notary Public, Dodge County, Georgia. (Seal). Notice of Intention to Introduce Local Legislation. Georgia, Dodge County. Notice is hereby given that there will be introduced at the January, 1963 session of the General Assembly of Georgia a bill to increase the allowable compensation of a special tax deputy to the sheriff of Dodge County, Georgia to $220.00 per month, to provide how and when the same shall be paid; and for other purposes. This the 22nd day of January, 1963. W. S. Stuckey, Representative, Dodge County, Georgia Georgia, Dodge County. I, E. T. Methvin, do certify that I am publisher of the Times-Journal, the official organ of Dodge County, Georgia, and that the foregoing notice was published in the said Times-Journal in the issues appearing on January 30th, February 6th and 13th, 1963. This February 28, 1963. /s/ E. T. Methvin

Page 3241

Sworn to and subscribed before me, this 28th day of February, 1963. /s/ Wilton D. Harrington Notary Public, Dodge County, Georgia. (Seal). Notice of Intention to Introduce Local Legislation. Georgia, Dodge County. Notice is hereby given that there will be introduced at the 1963 session of the General Assembly of Georgia a bill to increase the maximum salary to be paid to the deputy clerk to the clerk of superior court of Dodge County, Georgia, from $300.00 per month to $325.00 per month; to provide how and when the same shall be paid; and for other purposes. This the 5th day of February, 1963. W. S. Stuckey, Representative, Dodge County, Georgia Georgia, Dodge County. I, E. T. Methvin, do certify that I am publisher of the Times-Journal, the official organ of Dodge County, Georgia, and that the foregoing notice was published in the said Times-Journal in the issues appearing on February 6th, 13th and 27th, 1963. This February 28, 1963. /s/ E. T. Methvin Sworn to and subscribed before me, this 28th day of February, 1963. /s/ Wilton D. Harrington Notary Public, Dodge County, Georgia. (Seal). Approved April 9, 1963.

Page 3242

CARROLLTON PAYROLL DEVELOPMENT AUTHORITY. No. 387 (House Bill No. 551). An Act to create the Carrollton Payroll Development Authority; to provide the appointment of members of said Authority; to provide for the purpose, duties, control, organization and powers of said Authority; to provide for the duties and powers of the City of Carrollton with respect to said Authority; to provide for issuing revenue-anticipation certificates and for the validation of such certificates; to provide for the exemptions applicable to said Authority and to evidences of indebtedness issued by said 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 Carrollton Payroll Development Authority. Short title. Section 2. There is hereby created a body corporate and politic to be known as the Carrollton 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 Mayor of the City of Carrollton, the President of the Carrollton Chamber of Commerce or its successor, and three (3) other appointed members who shall be residents of Carroll County within or without the corporate limits of the City of Carrollton. In making the nominations of members of the Authority not more than one (1) member shall be nominated from any one family, partnership, or other business organization. The members shall be selected in the following manner: Immediately after the effective date of this Act the Directors of the Carrollton Chamber of Commerce or its successor shall select and nominate persons for appointment and submit

Page 3243

at least six (6) names to the City Council. From such list of nominees the Council of the City of Carrollton shall appoint three (3) members of the Authority. Appointments, except in case of vacancy, shall be for terms of three (3) years, except that the terms of the first three (3) members appointed may be staggered. In the event a vacancy occurs, the city 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 shall make appointments from not less than two (2) nominations for each member to be appointed, which nominations are to be made by the Carrollton Chamber of Commerce or its successor. The Authority shall elect a Chairman and a Treasurer. The Executive Director or other similarly designated paid executive officers of the Carrollton Chamber of Commerce shall serve as Secretary of the Authority without compensation. The members of the Authority shall be entitled to no compensation. Created, members, etc. 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 Carrollton Payroll Development Authority created by this Act and by and under Article V, Section IX, of the Constitution of the State of Georgia. Definitions. (b) The word project shall be deemed to mean and include the acquisition of lands, properties and improvements for development, expansion and promotion of jobs and payrolls in industry, commerce, agriculture, and natural resources; the construction of buildings and plants or the acquisition of equipment for the purpose of selling, leasing or renting such structures and/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

Page 3244

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 other such 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 Carroll and the City of Carrollton 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, etc. 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 Carroll or the City of Carrollton, the governing authorities of Carroll County

Page 3245

or the City of Carrollton 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 sales of projects, or contracts with respect to the use of projects, which it erects or acquires. (g) To construct, erect, acquire, own, repair, remodel, maintain, extend, improve, sell, equip, expand, add to, operate and manage projects and pay the cost of any such project from the proceeds of revenue-anticipation certificates or bonds or any other income of the Authority, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. (h) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. (i) To exercise any powers 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 bylaws, 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.

Page 3246

(l) To issue revenue-anticipation certificates for the purpose of paying all or any part of the cost of any project of the Authority. Such revenue-anticipation certificates shall be issued and validated under and in accordance with the applicable provisions of the Act of the General Assembly of 1937, (Ga. L. 1937, pp. 761-774), and as subsequently amended, providing for the issuance of revenue-anticipation certificates. Section 7. The Authority is hereby specifically authorized to purchase or otherwise acquire land and to improve and develop same so as to make said land more desirable for industrial purposes. Such land acquisition and development may be undertaken by the Authority at any time whether or not there is at such time a prospective industry considering the purchase or lease of an industrial site in Carroll County. Such land and improvements may be held by the Authority for any length of time it seems desirable, but any sale, lease or other disposition of same when made, shall be subject to the provisions of Section 9 hereof. Property. Section 8. No moneys derived from the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment or other promotional expenses. Gifts, etc. 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. Projects. 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 the City of Carrollton subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at that time. Property. Section 11. All debentures, notes, bonds, and revenue-anticipation certificates issued by the Authority shall be

Page 3247

exempt from State and local taxation. All lands and improvements and personal property, the title to which is vested in the Authority, shall be exempted from State and local taxation, except that the Authority shall have the power in its discretion to make an annual assessment against said property in lieu of State, county and city ad valorem taxes, such assessment to be based on the value of said property; provided, however, that such assessment shall in no instance exceed the amount of State, county and city ad valorem taxes, respectively, which would be due were such exemption not in effect. This assessment in lieu of taxes shall be paid to the political entity which would ordinarily receive the ad valorem taxes, were such exemption not in effect. Bonds. Section 12. The Authority shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Carroll, or the City of Carrollton. Debts. Section 13. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent auditor. The Authority shall furnish copies of said audit to the City of Carrollton, and shall publish same one time in all the newspapers printed in Carroll County. Audits. Section 14. This Act being for the purpose of developing and promoting the public good and the welfare of the County of Carroll and the City of Carrollton and their inhabitants, shall be literally construed to effect the purposes hereof. Intent. 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 upon passage by the Legislature of the State of Georgia. Effective date.

Page 3248

Section 17. All laws and 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, 1963, a local bill to create the Carrollton Payroll Development Authority and to provide for the appointment of members of said Authority; to provide for the purposes, duties, control, organization and powers of the Authority and of the City of Carrollton with respect thereto; to provide for the issuance and validation of revenue-anticipation certificates; to provide and limit the taxes which can be levied for the support of projects of said Authority; and for other related purposes. The Act will be effective upon passage by the General Assembly of Georgia. /s/ Lamar R. Plunkett State Senator, 30th District of Georgia. /s/ J. E. Duncan Representative, Post # 1 Carroll County, Georgia /s/ Hayne Waldrop Representative, Post # 2, Carroll County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. E. Duncan, who, on oath, deposes and says that he is Representative from Carroll County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Carroll County Georgian, which is the official organ of said County, on the following dates: January 10, 17, and 24, 1963. /s/ J. E. Duncan Representative, Carroll County

Page 3249

Sworn to and subscribed before me, this 5th day of March, 1963. /s/ Kathryn Rule Notary Public. My Commission expires Jan. 30, 1965. (Seal). Approved April 9, 1963. CITY OF BRUNSWICKCHARTER AMENDED, REFERENDUM. No. 388 (House Bill No. 566). An Act to amend an Act incorporating the City of Brunswick, approved August 27, 1872 (Ga. L. 1872, p. 151), as amended, so as to provide that the commissioner elected at large shall be designated as mayor; to provide for the powers and duties of the mayor; to provide that the commissioner at large may succeed himself one (1) time, but shall not be eligible for this office until after a three (3) year lapse; to provide that the commissioner at large may be elected as a commissioner from the ward of his residence after serving as a commissioner at large; to provide that the city manager shall be the chief administrative officer of said city with powers to carry out the functions of said office; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Brunswick, approved August 27, 1872 (Ga. L. 1872, p. 151), as amended, is hereby amended by striking section 12 in its entirety of an Act amending the charter of the City of Brunswick, approved November 16, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2394), and inserting in lieu thereof a new section 12 which shall read as follows: Section 12. The commissioner elected from the city at large shall be the chairman of the commission and shall be

Page 3250

designated as mayor, and shall have only such powers as are prescribed by the city charter for the City of Brunswick. The commissioner at large may succeed himself for one term, but shall not be eligible to run for the office of commissioner at large, until there has been a lapse of three (3) years from the end of the second term in office. However, nothing herein shall be construed to keep the said commissioner at large from running for the office of commissioner from the ward in which he is a resident immediately after serving as commissioner at large. Mayor. Section 2. The city manager for the City of Brunswick shall be the chief administrative officer of said city and shall have the power to carry out all the functions in connection with this office. City manager. Section 3. Not less than three (3) months nor more than six (6) months after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the city clerk of Brunswick to issue the call for an election for the purpose of submitting this Act to the voters of the City of Brunswick for approval or rejection. The clerk shall set the date of such election for a day in October. The city clerk shall cause the date and purpose of this election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Brunswick, Georgia. The ballot shall have written or printed thereon the words: For approval of the Act to amend the city charter of Brunswick for the Commissioner at large to be designated Mayor; for the Commissioner at large to succeed himself one time; for the City Manager to be designated as chief administrative officer for the City of Brunswick. Referendum. Against approval of the Act to amend the city charter of Brunswick for the Commissioner at large to be designated Mayor; for the Commissioner at large to succeed himself one time; for the City Manager to be designated as chief administrative officer for the City of Brunswick. All persons desiring to vote in favor of the Act shall vote

Page 3251

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, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Brunswick, Georgia. It shall be the duty of the city 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 city 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 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1963 session of the General Assembly of Georgia, a bill to amend the charter of the City of Brunswick so as to provide that the commissioner-at-large shall be the mayor; to provide that the mayor may succeed himself only one term; to provide the procedure connected therewith; and for other purposes. Joe Isenberg Representative, Glynn County William R. Killian Representative, Glynn County John M. Gayner, III Senator, Fifth District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Isenberg, who, on oath, deposes and says that he is Representative from Glynn County, and that the attached copy of Notice of Intention

Page 3252

to Introduce Local Legislation was published in the Brunswick News, which is the official organ of said county, on the following dates: February 7, 14 21, 1963. /s/ Joe Isenberg Representative, Glynn County Sworn to and subscribed before me this 5th day of March, 1963. /s/ Kathryn Rule Notary Public. Commission expires 1-30-65. (Seal). Approved April 9, 1963. CITY COURT OF RICHMONDJUDGE'S SALARY. No. 389 (House Bill No. 586). An Act to amend an Act entitled An Act to establish the City Court of Richmond; to provide for appointments of a judge and solicitor thereof and to define their powers and duties., approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, particularly by an Act approved March 28, 1961 (Ga. L. 1961, p. 2643), so as to change the compensation of the judge of the City Court of Richmond; 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 establish the City Court of Richmond; to provide for appointments of a judge and solicitor thereof and to define their powers and duties., approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, particularly by an Act approved March 28, 1961 (Ga. L. 1961, p. 2643), is hereby amended by striking from

Page 3253

section 2, wherever they appear, the figures $11,000.00, as applicable to the judges' salary, and substituting in lieu thereof the figures $11,500.00. Section 2. From and after approval of this Act the Judge of the City Court of Richmond County, Georgia, shall be paid a salary of $11,500.00 per annum payable monthly out of the Treasury of Richmond County. Section 3. This Act shall become effective on July 1, 1963. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given of the intention of the undersigned to apply at the current session of the General Assembly of Georgia for the passage of a bill entitled an Act to amend an Act entitled An Act to establish the City Court of Richmond County, to provide for the appointment of a judge and a solicitor thereof, and to define their powers and duties, approved September 22, 1881, and also Acts amendatory thereof, so as to provide an increase in the salary of judge and solicitor of said court, and other purposes. This 30th day of January, 1963. /s/ James M. Hull, Jr. Representative of Richmond County, Georgia. /s/ John C. Bell Representative of Richmond County, Georgia. /s/ William M. Fleming, Jr. Representative of Richmond County, Georgia. /s/ J. B. Fuqua, Senator 22nd Senatorial District. /s/ Milford A. Scott, Senator 23rd Senatorial District.

Page 3254

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Bell, 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: February 1, 8, 15, 1963. /s/ John C. Bell Representative, Richmond County Sworn to and subscribed before me this 4th day of March, 1963. /s/ William M. Fleming, Jr. Notary Public, Richmond County, Georgia. Approved April 9, 1963. CITY COURT OF RICHMOND COUNTYSOLICITOR'S SALARY. No. 391 (House Bill No. 593). An Act to amend an Act entitled an Act to establish the City Court of Richmond County, to provide for appointment of a judge and solicitor thereof and to define their powers and duties, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, particularly by an Act approved February 21, 1958 (Ga. L. 1958, p. 2248), so as to change the compensation of the solicitor of the City Court of

Page 3255

Richmond; 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 to establish the City Court of Richmond County, to provide for appointment of a judge and solicitor thereof and to define their powers and duties, approved September 22, 1881 (Ga. L. 1880-81, p. 574) as amended, particularly by an Act approved February 21, 1958 (Ga. L. 1958, p. 2248), is hereby amended by striking from said amendatory Act the figure $7,245.00, as applicable to the solicitor's salary, and substituting in lieu thereof the figures $7,740.00 wherever the figures $7,245.00 appear in said Act. Section 2. From and after approval of this Act, the solicitor of the City Court of Richmond County shall be paid a salary of $7,740.00 per annum, payable monthly out of the treasury of Richmond County. Section 3. This Act shall become effective on July 1, 1963. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given of the intention of the undersigned to apply at the current session of the General Assembly of Georgia for the passage of a bill entitled an Act to amend an Act entitled An Act to establish the City Court of Richmond County to provide for the appointment of a judge and a solicitor thereof, and to define their powers and duties, approved September 22, 1881, and also Acts amendatory thereof, so as to provide an increase in the salary of judge and solicitor of said court, and other purposes.

Page 3256

This 30th day of January, 1963. /s/ James M. Hull, Jr. Representative of Richmond County, Georgia. John C. Bell Representative of Richmond County, Georgia. /s/ William M. Fleming, Jr. Representative of Richmond County, Georgia. /s/ J. B. Fuqua, Senator 22nd Senatorial District. /s/ Milford A. Scott, Senator 23rd Senatorial District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Bell, 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: February 1, 8 15, 1963. /s/ John C. Bell Representative, Richmond County Sworn to and subscribed before me this 4th day of March, 1963. /s/ William M. Fleming, Jr. Notary Public, Richmond County, Georgia. Approved April 9, 1963.

Page 3257

FULTON COUNTY SCHOOL PENSION SYSTEM ACT AMENDED. No. 392 (House Bill No. 603). An Act to amend an Act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, so as to give credit for prior service rendered as a teacher in any public school system, college or university, outside the State of Georgia; to provide for refund of contributions in certain cases; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia 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, p. 528), as heretofore amended, be further amended as follows: Section 1. Said Act is further amended by adding to section 10 thereof as amended the following sentence: Nothing in this section 10 shall relate to credit for prior service outside the State of Georgia, which is provided for in section 10 (a) of this Act. Section 2. Said Act is further amended by adding a new section to be known as section 10 (a) which shall read as follows: Section 10 (a). (1) Unless a different meaning is plainly required by the context, the following words and phrases when used in this section 10 (a) shall mean: Definitions. (a) Teacher shall mean any person employed as a classroom teacher or in the supervision of the public schools of Fulton County, and shall include administrative officials employed therein.

Page 3258

(b) Member shall mean any teacher as herein defined who is or may be employed in the public school system of Fulton County. (c) Prior service shall mean service rendered as a teacher in a public school system, college or university, outside the State of Georgia, prior to employment by the Board of Education of Fulton County. (2) Any teacher now employed or who may hereafter be employed by the Board of Education of Fulton County shall be entitled to receive credit for prior teaching or administrative service outside the State of Georgia, either or both, upon the terms and conditions hereinafter set forth. Credit for prior service. (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 Fulton County for a period of five years. Such teacher shall establish to the satisfaction of the Pension Board 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 the Board of Education, with a maximum of ten years prior service credit to be allowed. In no event shall more than a total of ten years' prior service credit be allowed under sections 10 and 10 (a). Maximum credit. (4) In order to receive prior service credit, a teacher must pay into the retirement system of the Board of Education of Fulton County an amount equal to the amount the teacher would have been required to pay had he been employed by the Board of Education of Fulton County during the prior service, the payment to be made at such times as the Pension Board 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. Procedure. (5) Teachers now employed in the Fulton County System may receive credit for prior service for each year they have

Page 3259

served in the Fulton County System in excess of five years with a maximum of ten years' credit by making the required payments into the School Pension Fund, such credits to be given and allowed only when the required payments are made. The Pension Board shall formulate rules and regulations as deemed necessary for the payment of such funds and may provide for deferred payments. Same. (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 Board of Commissioners of Fulton County would have paid into the pension fund had such teacher been employed by the Fulton County Board of Education during the prior teaching service for which the teacher claims credit. Applications. (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 3. Said Act as amended, particularly by an Act approved March 3, 1962 (Ga. L. 1962, p. 2948 et seq.) is further amended by adding subparagraph (d) (1), section 1, to read as follows: Section 1. (d) (1). Provided, however that whenever monthly earnings, as defined in this Act as amended particularly by Georgia Laws 1962, page 2948, multiplied by years of creditable service at the time of retirement or death, shall entitle any officer or employee, coming under the provisions of this Act as amended particularly by Georgia Laws 1962, page 2948, to a pension in excess of the maximum pension allowable hereunder, said officer or employee or beneficiary in case of death shall be refunded all contributions made by him on monthly earnings in excess of monthly earnings necessary to arrive at the maximum pension allowable. Refunds. Section 4. Should any section or provision of this Act be

Page 3260

held unconstitutional or invalid, such section or provision shall not affect the validity of this Act as a whole or any part thereof other than the part so held to be unconstitutional. Severability. Section 5. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Section 6. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Publisher's Affidavit. State of Georgia, County of 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 9th day of January, 1963, and on the 22nd day of February, 1963, and on the 1st day of March, 1963. As provided by law. /s/ Frank Kempton Notice of Intention to Apply for Local Legislation. Notice is hereby given in accordance with the Acts of 1946, page 82 that a bill will be introduced at the session of the General Assembly of Georgia which will convene in January 1963, amending An Act to provide in Fulton County a system for pensions and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes (Ga. L. 1945, pp. 528-535). Any matter

Page 3261

germane to this general subject may be included in such legislation or by amendment thereto. G. W. Adams by (Lula A. Carson) Chairman, Fulton County School Pension Board 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 current session of the General Assembly of Georgia which is currently convening in January, 1963, amending An Act to provide in Fulton County a system for pensions and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes (Ga. L. 1945, pp. 528-535). Any matter germane to this general subject may be included in such legislation or by amendment thereto. G. W. Adams, Chairman Fulton County School Pension Board by Lula B. Carson Executive Secretary Subscribed and sworn to before me this 5th day of March, 1963. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My commission expires Oct. 18, 1963. (Seal). Approved April 9, 1963.

Page 3262

CITY OF OMAHANEW CHARTER. No. 393 (House Bill No. 604). An Act to consolidate all of the laws chartering the Town of Omaha in the County of Stewart and to grant a new charter to said Town; to provide that the Town of Omaha shall be known as the City of Omaha; to provide for the general powers of said city; to provide that said city shall be responsible for all debts and contracts of the former Town of Omaha; to preserve all valid ordinances; to provide for the corporate limits of said city; to provide for a mayor and councilmen, their powers, duties and functions; to provide for the general welfare of the city; to provide for the meetings of the city council; the eligibility requirements of the mayor and councilmen; to provide for the compensation of said mayor and councilmen; to provide for elections; to provide for the filling of vacancies in the offices of mayor and councilmen; to provide for the taking of office by said officials and the oath in connection therewith; to provide for tie elections in said city; to provide for qualification and registration of voters in said city; to provide for a police court in said city and the procedure in such court; to provide for ad valorem taxation by said city, and the procedure in connection therewith; to provide for licensing and regulation of trades and occupations; to provide for the maintenance and construction of streets, roads and sidewalks in said city; to provide for the maintenance and establishment of utility systems in said city, and the collection of charges in connection therewith; to provide for the creation and alteration of a fire district in said city; to provide for planning and zoning regulations in said city; to provide for condemnation of private property by said city; to authorize said city to contract debts and issue bonds; to expressly enumerate certain powers of said city; to provide that the powers enumerated in this Act shall not be restrictive; to provide restrictions upon the sale of property by said city; to provide that said city shall operate upon a cash basis, and that all debts for current operating expenses shall be paid in the fiscal year in which incurred; to provide an effective date; to expressly repeal

Page 3263

an Act granting a new charter to the Town of Omaha, approved August 14, 1906 (Ga. L. 1906, p. 946); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Town of Omaha in the County of Stewart is hereby to be known as the City of Omaha, Stewart County and is hereby incorporated under the name and style of the City of Omaha. Said City of Omaha as a municipality shall have perpetual succession and is vested with the right to contract and be contracted with, to plead and be impleaded, to buy, own, enjoy and sell property of all kinds, and to have and use a common seal and do all other things and acts as may be necessary or needful to exercise such rights, powers, functions, privileges and immunities as ordinarily belongs to municipal corporations generally under the law, as well as those hereinafter enumerated. Said corporate body under the name and style of the City of Omaha 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. The mayor and council shall have full power to pass all ordinances, bylaws 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. Said City of Omaha shall be the legal successor to the Town of Omaha in Stewart County existing at the time of the passage of this Act, and shall receive all of the property of said former Town of Omaha, and be responsible for all debts, contracts and obligations for which said former Town is now obligated. Incorporated, etc. Section 2. The City of Omaha is hereby made responsible as a corporate body for all legal debts, contracts and obligations for which the Town of Omaha as incorporated

Page 3264

under an Act approved August 14, 1906 (Ga. L. 1906, p. 946) is now obligated. Present obligations. Section 3. All existing valid ordinances, rules, bylaws, regulations and resolutions of the City of Omaha not inconsistent with this charter shall remain in full force and effect for the City of Omaha until altered, amended or repealed. Present ordinances. Section 4. The corporate limits of the City of Omaha in Stewart County, Georgia, shall commence at a point near the northwest corner of the original survey of said city at the intersection of the north side of the right-of-way of Seaboard Airline Railway and lands of D. B. Fitzgerald, thence running west 600 feet; thence south 2500 feet; thence east 600 feet to the southwest corner of the original survey of said City; thence south to the public road leading to Florence, Georgia, thence along the north side of said road in an easterly direction to a point where the extended north and south line of original survey of said Town on the east side intersects said road; thence north along said original north and south line to the south bank of the Hannahatchee Creek; thence along the south bank of said Hannahatchee Creek, to a point directly opposite the west boundary of said corporate limits so that all the territory lying between the eastern and western boundaries of said corporate limits and north of the right-of-way of the Seaboard Airline Railway and south of Hannahatchee Creek will be the corporate limits of the City of Omaha. Corporate limits. Section 5. The government of the City of Omaha shall be vested in a mayor and five (5) councilmen to be called the city council to be elected as hereinafter provided. (A) The mayor shall be the chief executive officer of the city; have general supervision of the affairs of the city; and shall see that the laws of said city are executed and the officers of said city are faithful in the discharge of their duties. He shall cause the books and records of said city and of its officers to be inspected; and shall have control of the marshal and police force of said city, and may appoint special police officers whenever he deems necessary. He may exercise within the corporate limits of said city, all the

Page 3265

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 only discharge a city employee with the approval of the council. Government. (B) The council of the City of Omaha shall be the legislative body. It may pass all ordinances for the government of the city. Ordinances shall be proposed and read at a regular meeting of the council, and shall not be passed until the next regular meeting. The mayor may veto any ordinance passed by the council, in which event such ordinance shall become null and void unless it shall be repassed by four (4) members of the council. The council shall fix an annual budget for the city and approve all expenditures made by the city. (C) The mayor shall appoint annually, subject to the approval of the council, a city clerk, a city treasurer and a city attorney, who shall serve for a term of one (1) year. He also may appoint such other city employees as may be necessary for the efficient operation of the city, subject to the approval of the council. The treasurer of said city and all other officials and employees of the city who shall sign city checks or handle city money shall be bonded in such amount as may be deemed wise by the city council. Employees. Section 6. The council shall meet in regular session upon the second Monday in each month. Special meetings of the council may be called at any time by the mayor or by a majority of the members of the council. The mayor shall preside over all meetings of the council, but shall have no vote. At the first regular meeting of the council following the regular election of new members thereof, the council shall elect one (1) of its members as a mayor pro tem. who shall, in the event of the disability or disqualification of the mayor, perform all the duties and exercise all the rights and powers and privileges of the office of mayor. Council meetings, etc.

Page 3266

Section 7. To be eligible to be mayor of the City of Omaha, a person shall be at least twenty-five (25) years of age, shall have resided in the City of Omaha a period of at least one (1) year prior to the election and shall be a registered qualified voter of the State of Georgia and of the City of Omaha. 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 Omaha for a period of at least ninety (90) days and a registered qualified voter of the State of Georgia and the City of Omaha. Should the mayor or any councilman during his or their term of office remove his residence from the limits of said city or cease to be a bona fide resident thereof, his or their office shall thereby become vacant. Mayor, council, vacancies. Section 8. The mayor and councilmen's salaries shall be paid monthly and shall be paid out of the public funds of the city, if any, and all other legal and necessary expenses of the government of said city, not otherwise provided for, shall likewise be paid. Provided, however, the mayor's salary shall not exceed one hundred ($100.00) dollars per year and provided that each councilman's salary shall not exceed sixty ($60.00) dollars per year. Salaries. Section 9. The first election for mayor and councilmen of said city held under this Act shall be held forty-five (45) days after the Governor's signature or the Act otherwise becomes law. The ordinary of Stewart County shall call the election and there shall be elected a mayor and five (5) councilmen from the city at large. The mayor and councilmen of this first election shall hold office through May 31, 1964. After the first election to be held in 1963, there shall be an election on the first Saturday in May of every other year for the mayor and the councilmen of the City of Omaha. All persons elected at such election shall take office on June 1, next following their election and serve for a term of two (2) years, or until their successors are elected and qualified. To be eligible to run for the office of mayor and councilmen of said city, a person shall qualify with the ordinary of Stewart County for the first election and in subsequent city elections, a person shall qualify with the city clerk of Omaha, fifteen (15) days prior to the election day,

Page 3267

for the elections to be held in that year. The election polls shall be opened at 7:00 o'clock a.m. on said election day and closed at 7:00 o'clock p.m. on said election day. Elections, etc. Section 10. In the event that the office of mayor or of councilman of the City of Omaha should become vacant by death, resignation, removal or otherwise, said vacancy shall be filled by the city council within thirty (30) days. However, 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. Vacancies. Section 11. The mayor and councilmen first elected under this Act shall take office on the day after the first election. The mayor and councilmen elected at subsequent elections in said city shall take office on June 1 of the year of their election. If any such officers fail to be installed on that day such installation shall take place as soon thereafter as practicable. The mayor and councilmen shall be installed in their office by taking and subscribing the following oath: Oaths, etc. 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 Omaha, 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. Section 12. Should any election held in and for said city under the provisions of this Act result in a tie vote, then in that event, the council of said city shall call a special election within ten (10) days; and said special election shall be held in the same manner as any other election, except that no person shall be a candidate in said special election other than those who received the same number of votes in the prior election; and no person shall be allowed to vote in said special election unless he or she shall have been qualified to vote in the regular election held just prior to said special election. Elections

Page 3268

Section 13. No person shall be allowed to vote in any election held in said city, except he or she be eligible under the provisions of the Constitution and laws of Georgia to vote for members of the General Assembly from the County of Stewart, and unless he shall have bona fide and continuously resided in said City of Omaha, as a citizen thereof, ninety (90) days next preceding said election at which he offers to vote, and shall have registered as a qualified voter in the manner hereinafter provided. Voters. Section 14. There shall be established in the City of Omaha created by this Act, a permanent registration system of the qualified voters of said city: (A) The ordinary of Stewart County, and the city attorney of Omaha shall provide a suitable book or books for the permanent registration of qualified voters of said city fifteen (15) days prior to the first election; and thereafter for subsequent elections the mayor and council of said city shall provide a suitable book or books for the permanent registration of qualified voters of said city. On or near the first page of each of such permanent registration books shall be printed or placed the oath prescribed by subsection (C) of this section. Voter registration. (B) The ordinary of Stewart County in the first election and the city clerk or any deputy clerk employed in the office of said clerk, in subsequent elections, shall have charge of said registration books, and shall open them for registration of voters within ten (10) days after they are provided, and shall cause notice of such facts to be published in one (1) issue of the newspaper in which sheriffs' advertisements for Stewart County are published. Said clerk or deputy clerk shall keep said books open for registration of qualified voters at all times when said clerk's office is open for business, except during the period next preceding the date of any election in said city, when all candidates in such election shall have qualified. (C) Every person, before registering, shall take the following oath, which shall be read by or to the person offering to register, viz:

Page 3269

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 Stewart, and that I have bona fide and continuously resided in the City of Omaha, as a citizen thereof for ninety (90) days (or will have by the time of the next City election). The clerk or deputy clerk shall have authority to administer said oath, and thereafter to permit registration of any such person. All persons registering shall sign their full names at the place indicated on the book by the clerk or deputy clerk, who shall immediately thereafter enter at the places provided the age, sex and race of each person registering. (D) No person registering as herein provided, or who is now registered, shall be required to again register as a qualified voter of said city, so long as he or she remains a resident of said city and does not otherwise become disqualified, it being the purpose of this section to provide a permanent registration of the qualified voters of said city. (E) Whenever any election is to be held in and for said city, the said registration books are to be closed at the time when candidates for such election may no longer qualify and delivered to the mayor of said city, who shall, with the advice and consent of the council, appoint some person or persons, not exceeding three (3) in number, as registrar or registrars. Said registrar or registrars shall be residents of said city, and before entering on their duties shall be sworn to faithfully and impartially perform the duties of their office. It shall be the duty of said registrar or registrars to make from said registration books a list of voters qualified to vote in said election, 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

Page 3270

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 forty-eight (48) hours before the time of such hearing (leaving notice at their last place of abode shall be deemed and held to be sufficient service). Such person shall be allowed to appear and submit evidence as to their qualification. Said registrar or registrars shall have power to subpoena witnesses, to compel their attendance and the production of records and documents, administer oaths, and to determine the qualification or disqualification of all voters. After the completion of any such hearing, said registrar or registrars shall strike from the permanent registration books and from the voters list the names of all persons found to be deceased or disqualified to vote. Thereafter they shall prepare three (3) identical lists of the voters qualified to vote in said election, and certify the same. One (1) copy shall be retained, and two (2) copies shall be filed with the clerk of said city, one (1) of which shall be open to inspection during said clerk's office hours, and the other copy shall be safely kept and delivered to the managers of said election when the polls open. Said registrar or registrars shall complete said lists at least two (2) days before said election. (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 as omitted therefrom by accident or mistake. (G) The City of Omaha shall have full power to define and provide for the punishment of illegal registration and illegal voting, and to provide additional rules and regulations governing the registration of voters. It shall also fix the compensation to be paid by the city to such registrar or registrars, and may designate the clerk of said city to act as a registrar or as one of the registrars provided for under this section if they deem proper. Section 15. There shall be established in the City of Omaha created by this Act a police or mayor's court which

Page 3271

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. If a recorder is appointed he must be an upright and intelligent person. The clerk of the city shall act as clerk of the court, and the chief police officer of the city or other police officers shall attend said court and perform all such duties therein and in the enforcement of its sentences as they may be required by ordinances of said city or by the orders of the judge of said court. Police court. (B) The jurisdictional limits of said court shall include the corporate limits proper of said city; and said court shall have jurisdiction to try offenses against the laws and ordinances of said city, committed within the said jurisdictional limits. (C) The mayor or recorder, when sitting as such court, shall have the power and authority to punish for contempt by fine not exceeding 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. (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 fifty ($50.00) dollars and to imprisonment in the prison of said city or in the common jail of Stewart County, not exceeding fifteen (15) 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 fifteen (15) days, either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced, in addition to, and in the same manner as fines; all of which costs shall be paid into the city treasury.

Page 3272

And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced. (E) All cases made in said court shall be in the name of the City of Omaha; all warrants for offenses against the laws and ordinances of said city shall be signed by the presiding officer of said court, or the mayor of said city, or some officer authorized by law to issue State warrants; and all other processes of said court, including subpoenas, summonses, etc., shall be signed by the clerk, deputy clerk, if one should be elected or employed, or marshal, and shall bear teste in the name of the mayor or the presiding officer of said court. (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 Stewart County for trial, to assess bail for his appearance, and to commit to the jail of Stewart County, in default of bond. (G) Said court shall have the right to compel the attendance of witnesses, either within or out of 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. (H) Said court shall have the power to fix bail, accept bond for the appearance of defendants, and to forfeit and enforce collection of said bonds. Upon failure of a defendant to appear in accordance with the terms of his bond, he shall be solemnly called to come into court and his bail shall be warned to produce the body of his principal; and on the failure to do so, said court shall issue a scire facias directed to the marshal and other police officers of said city and to all and singular the sheriffs, their lawful deputies, and constables of said State, and be served upon said principal as

Page 3273

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 perform the functions of said court and the enforcement of its judgment. Section 16. All persons owning property in said city shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal: Subject to taxation by said city, as of January 1 of each year; and the books for recording same shall be open on January 1 and close on April 1 of each year. Said property shall be returned by the property owner on blanks furnished for that purpose at the fair market value thereof. The city shall have the right to levy a tax on all real and personal property within the corporate limits of said municipality. Taxes. Section 17. The mayor of said city, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting of the city council in January, shall select three (3) upright freeholders residing in said city as a board of tax assessors. The mayor shall fix the per diem compensation of said tax assessors. 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

Page 3274

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 or corporation failing to make such return at double the fair market value thereof. They shall make a return of their work within thirty (30) days after the close of the books for receiving returns, unless additional time is granted by the mayor and council; when their return is made, said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or double taxes assessed against their property five (5) days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five (5) days before said hearing to a nonresident taxpayer, with postage prepaid, to his last known address shall constitute legal notice to him. Tax assessors. (A) Any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right of appeal from the same to the council of said city, provided said appeal be filed in writing with the clerk of said city within five (5) days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which same has been assessed, and the fair market value as contended for by the appellant; said appeal shall be heard by said council at its next regular meeting, unless continued for cause, and its decision shall be final. The council of said city shall have power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is rendered and assessed below its fair market value.

Page 3275

(B) The council shall also have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Section 18. The taxes of said city shall fall due on June 20 of each year, and tax executions shall be issued against all persons who have not paid their taxes by that time. All tax executions shall be signed by the clerk, and bear teste in the name of the mayor of said city. The marshal or other police officers of said city, the sheriffs, deputy sheriffs and constables of this State shall have authority to execute same by levy and sale and the other means provided by Chapters 92-43 and 92-44 of the Code of Georgia, sections 92-4301, etc., and 92-4401. Tax due. Section 19. The City of Omaha, created by this Act, shall have full power and authority to license, regulate, control, or prohibit theatrical exhibitions, merry-go-rounds, circuses, dance halls, skating rinks, shows and exhibitions of all kinds, drays, automobiles, jitneys, trucks, taxis, and public and private vehicles of all kinds; traveling vendors of patent medicines, soaps, notions, and all other articles; also hotels, boarding houses, restaurants, lunch stands, drinking stands, fish stands or markets, meat markets, mercantile establishments, chain stores, laundries, billiard, pool, and other kind of tables, tenpins, shooting galleries, 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

Page 3276

subject to license. And said city shall have the power to require registration of, and to assess and collect a license tax on all such businesses, etc., and all other businesses, trades, professions, occupations, or callings conducted or engaged in within the corporate limits of said city, and such occupation tax or license tax shall constitute a lien upon all the property of the taxpayer or person liable, and shall take rank and be enforceable by execution in the same manner as ad valorem taxes due said city; and said city may require the registration of, and payment of license tax on, all such businesses, etc., as a prerequisite to the right to operate or engage in said business in said city, and shall have power to punish any one conducting or engaging in any such business, etc., without first registering and paying said license taxes. Said city shall have full and complete power to provide by ordinance for classification of all classes and businesses, and all other rules and regulations necessary and proper in the premises. Powers. Section 20. The City of Omaha, 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. Streets, etc. Section 21. The mayor and council shall have the authority to construct waterworks and sewers, paying for them out of the public funds of the city or by charges for the use of such privileges. They shall have the authority to enact reasonable regulations and to enforce the same. Said mayor and council shall also have full power and authority to grant franchises over, under and upon its streets, alleys, lanes, sidewalks, parks, and other public places to any person, firm or corporation for the furnishing of water, telephones, electric light and power, gas and sewerage or any of them to the city and its residents; and to make such contracts with such persons, firms or corporation for the furnishing of water, electric light and power, gas and sewerage or any of them as the mayor and council may deem proper. Utilities. Section 22. Said City of Omaha shall have full power and

Page 3277

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: Utilities. (A) By making said charges for water, electric energy, gas, heat and sewer service a charge upon the property or real estate served, and in case prompt payment is not made for any such service, it may be provided that the water, electric light and power energy, gas, heat or sewer services shall be shut off from the building, place or premises, and shall not be compelled to again supply said building, place or premises, until said arrears, with interest thereon, is fully paid; and further it may be provided for the issuance of an execution for the unpaid charges for water, electric energy, gas, heat, or sewer service against the real estate served and the owner thereof, which shall be a lien on said real estate, and enforceable in the same manner as ad valorem taxes are enforced. Provided, however, that such charges shall not be a charge upon the real estate served where the tenant or other person in possession or having the right to possession and use of such real estate has by contract agreed to pay for such charges. (B) Said city shall have full power to require prompt payment in advance for all water, electric energy, gas, heat, and sewer service furnished by said city; or require of each consumer or person served a reasonable 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 such service at the new place of

Page 3278

residence unless and until all past due accounts are paid in full. (C) Said city shall have power to adopt all necessary ordinances to put either method in force in said city, and to change from one method to the other in their discretion, and to adopt such methods of enforcing said charges as they may deem necessary and proper. (D) The provisions of this section shall be applicable to charges for any public utility-service provided or furnished by said city, including water, electric energy, gas, heat, and sewer service, and the enumeration of particular classes of service shall not be construed as to exclude any other service that may be provided or furnished by said city, from the operation and provisions of this Act. Section 23. Said city is authorized to enact any and all ordinances, rules and regulations, necessary to lay out and prescribe a fire district in said city, and to enlarge, change, or modify its limits from time to time; to prescribe when, how, and of what material buildings in said limits may be erected, repaired, or covered, how thick the walls may be, how the chimneys, stoves, pipes, and flues are to be constructed; to provide for fire escapes in said buildings; and generally to do all such things and to pass such laws and ordinances as the city may deem necessary in order to protect said city as far as possible from fire, and to prevent the spread of fire from one building to another, and for the protection and safety of the people. It shall also have the authority to order any changes in the construction or arrangement of buildings, chimneys, stove pipes, or flues and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the expenses of such changes or removal, which expense may be collected as taxes are collected; and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, the city may order such building removed or altered and if such person, firm or corporation shall not remove or alter such buildings after notice to do so, as may be prescribed, then said mayor and

Page 3279

council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected by execution issued and enforced in the same manner that executions for ad valorem taxes are enforced. Fire district. Section 24. (A) The City of Omaha 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 of dimensions of lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purpose of the zoning regulations. In the determination and establishment of districts and regulations, classification may be based on the nature or character of the trade, industry, or other activity conducted, or to be conducted, upon the premises; the number of persons, families, or other group units to reside in or use buildings; the public, quasi-public, or private nature of the use of premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. Said mayor and council may provide by ordinance for a zoning commission to be composed of not more than three (3) members to be elected by said mayor and council and to prescribe their powers and duties; and are authorized to provide the method of appeal from finding of said zoning commission; and to provide for a board of zoning appeals, to be elected by said mayor and council; to hear such appeals, and to provide their powers and duties; and to provide for the right of certiorari from said board of zoning appeals to the Superior Court of Stewart County. Zoning. (B) In lieu of the above power of planning and zoning,

Page 3280

the City of Omaha is authorized to adopt any Act of the General Assembly conferring planning and zoning powers upon municipalities, counties or municipalities and counties. Section 25. The City of Omaha shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, and playgrounds; for rights of way for any electric light, water supply, gas or sewer line, or sewerage disposal plant; for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the city shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustee, 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 26. The council of said City of Omaha 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 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, etc. Section 27. In addition to the power and authority vested in said City of Omaha, created by this Act, by the general

Page 3281

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: Powers. (A) To protect and advance the morals of said city; to secure peace, good order, and quiet in said city; and to protect the health of said city; to prevent the spread of and to suppress infectious, contagious, or dangerous diseases in said city; (B) To create and elect a board of health in said city and to prescribe its powers and duties, and to maintain said board; to provide for the quarantine in, and treatment of contagious, infectious, or dangerous diseases, either in or outside of said city, and to cooperate in the management and control of any public hospital or clinic for treatment generally of diseases and accidents, and to contribute money to the same; (C) To own and regulate cemeteries and parks, either within or out of said city, to establish, control and govern a municipal market in said city, to own or contribute to the support and maintenance of swimming pools, golf links, parks and playgrounds, either within or without the corporate limits of said city; (D) To regulate and prohibit the keeping of explosives and other dangerous substances in the fire limits and at other places in said city; to regulate or prohibit sale and shooting of fireworks and other explosives in said city; and to regulate the erection and maintenance of steam boilers and electrical apparatus in said city; (E) To regulate the character of buildings to be erected in said city, and to adopt and enforce building requirements and/or permits, and to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same and to regulate plumbing and electric wiring in structures in said city;

Page 3282

(F) To prevent or condemn encroachment or obstruction in, upon, or over any sidewalk, street, or alley, and to require removal of such; (G) To grant franchises, easements, and rights-of-way over, in, under, or along the public streets, sidewalks, alleys, parks, or other property of said city, on such terms and conditions as may be prescribed; and to regulate all public services or utility corporations doing business in said city in any manner not in conflict with State or Federal law; (H) To establish, equip, and maintain a fire department; (I) To define and prohibit nuisances within the corporate limits of said city, and to prescribe the mode of trial for all nuisance cases, and to abate the same; (J) To provide, equip, and maintain a prison and chaingaing, and to regulate the same; and to provide for the working of convicts on the streets of said city, or any public works of said city, both within and without the corporate limits; (K) To prescribe and regulate the use of its streets and to classify said streets, and regulate the use thereof according to such classifications; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle, or conveyance on the public streets, sidewalks, or ways of said city; to limit and regulate the speed of all animals, vehicles, or motor vehicles on said streets and the operation thereof; to prescribe and regulate the fees of drays, hacks, taxis, jitneys, and transfer companies operating in said city; and to regulate the operation thereof; (L) To suppress and prohibit houses where illegal, immoral, or disorderly practices are had; (M) To lay out and open new streets and alleys in said city; and to change the grades thereof; (N) To provide a uniform scale of costs of the clerk and police officers of said city for all service in the arrest and

Page 3283

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 as restrictive; but the City of Omaha 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, and the council may prescribe additional regulations and modes of procedure, not repugnant to the interest and purpose of this Act or the laws of this State. Section 29. No electric light, gas, water, or other public utility plant or system, now or hereafter owned by the City of Omaha, shall ever be sold, leased or otherwise disposed of by the City of Omaha, created by this Act, except in the manner provided by, and in strict compliance with, the Act of the General Assembly of Georgia approved August 25, 1925 (Ga. L. 1925, pp. 177-179) (Sections 91-901 - 91-904 of the Code of Georgia); and the provisions of said Act are hereby incorporated as a part of this section by this reference, and shall be a valid part hereof regardless of any decision invalidating said Act for any reason. Any other property, real or personal, now or hereafter owned by said city (including any property connected with a public utility plant or system owned by said city, which particular property is no longer serviceable or necessary in the continued and efficient operation of such plant or system) may be sold, leased, or otherwise disposed of by said city by resolution of the mayor and council thereof, setting forth and approving the terms of any such sale, lease, or other disposition; the mayor, by direction of said council, making conveyance thereof; provided, however, that no conveyance of

Page 3284

any property worth over one hundred ($100.00) dollars shall be made unless public notice is given of intention to convey in the newspaper of general circulation in the county in which sheriff's advertisements are made at least once a week for three (3) consecutive weeks immediately prior to such sale or encumbrance; provided, further, that nothing in this Section shall vary the laws regarding bond issues. Property. Section 30. The City of Omaha shall operate strictly upon a cash basis. No employee or official of the city shall have authority to bind the city for any debts for current operating expenses to be paid at a time other than in the fiscal year July 1 to June 30 in which such debt is incurred. Cash basis, fiscal year. Section 31. The provisions of this Act shall become effective immediately upon its approval by the Governor, or upon its otherwise becoming law. Effective date Section 32. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 33. An Act to incorporate the Town of Omaha, approved August 14, 1906 (Ga. L. 1906, p. 946), is hereby repealed in its entirety. 1906 Act repealed. Section 34. All laws and parts of laws in conflict with this Act are hereby repealed. To Whom It May Concern: This is to certify that the attached Legal Advertisement, Notice to Introduce Local Legislation, has been published

Page 3285

three consecutive issues in The Stewart-Webster Journal, February 14, 21, 28. /s/ John M. Anglin Publisher Notice of Intention to Introduce Local Legislation. Georgia, Stewart County. Notice is hereby given that there will be introduced in the 1963 term of the General Assembly, a bill to incorporate the Town of Omaha; to provide for the election of a Mayor and City Council, to define their duties and for other purposes. Sam S. Singer, Representative, Stewart County, Georgia. /s/ Dorothy F. McKinnon Notary Public, Georgia, State at Large. My commission expires Jan. 22, 1966. (Seal). Approved April 9, 1963. COMPENSATION OF COUNTY TREASURERS IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 17,600 AND NOT MORE THAN 17,700. No. 394 (House Bill No. 609). An Act to amend an Act providing for the compensation of the county treasurer in certain counties, approved February 26, 1957 (Ga. L. 1957, p. 2212), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3226), so as to change the compensation of the treasurer; to repeal conflicting laws; and for other purposes.

Page 3286

Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the county treasurer in certain counties, approved February 26, 1957 (Ga. L. 1957, p. 2212), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3226), is hereby amended by striking from section 1 the figure 125.00 and inserting in lieu thereof the figure 150.00, so that when so amended section 1 shall read as follows: Section 1. In every county of this State having a population of not less than 17,600 and not more than 17,700, according to the 1960 United States Census or any future such census, the county treasurer shall be compensated in the amount of $150.00 per month which shall be paid from the funds of such county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1963. ALBANY HIGH SCHOOL STADIUM AUTHORITY. No. 395 (House Bill No. 614). An Act to create the Albany High School Stadium Authority and to authorize such Authority to acquire, construct, equip, maintain and operate an athletic stadium and the usual facilities related thereto, parking facilities or parking areas in connection therewith, recreation centers and areas, including but not limited to, athletic fields, parking facilities or parking areas in connection therewith, and related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities; to acquire the necessary property therefor, both real and personal, and to lease, sell or operate any or all of such facilities, including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment

Page 3287

of members of the Authority and their terms of office and compensation; to authorize the Authority to contract with others pertaining to the use of its facilities and to execute leases of such facilities and to convey title to real property in fee simple of the Authority and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the issuance of revenue bonds or obligations of the Authority, in an amount not in excess of one hundred thousand ($100,000.00) dollars, payable from the revenues, tolls, fees, charges and earnings of the Authority, including but not limited to, earnings derived from contracts, leases, concessions and income from conveyances of real and personal property of the Authority, to pay the cost of such undertakings and to authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations and to authorize the execution of resolutions and security instruments to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to make the bonds or obligations of the Authority and the interest thereon exempt from taxation; to authorize the issuance of refunding bonds or obligations; to provide that the properties of the Authority shall be exempt from taxation; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by the Revenue Bond Law (Ga. L. 1937, p. 761 et seq., as amended); to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with the provisions of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. Short Title This may be cited as The Albany High School Stadium Authority Act. Section 2. The Albany High School Stadium Authority There is hereby created a body corporate and political to be known as the Albany High School Stadium Authority, which shall be deemed to be a political subdivision of the

Page 3288

State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of seven (7) members. The original members of this Authority and their initial terms of office shall be as follows: James L. Pierce, for a two (2) year term; L. E. Cannon, for a two (2) year term; Joe S. Rosenberg, for a three (3) year term; R. H. Warren, III, for a three (3) year term; Norman R. Couch, Jr., for a four (4) year term; Clifford S. Campbell, Jr., for a four (4) year term; The seventh member of this Authority shall be named by the above six members, or a majority of them, at the organizational meeting of the Authority in 1963, to hold office until the annual meeting in 1964, and thereafter at each successive annual meeting for a one year term. The initial terms of office for the six members herein appointed shall extend from the organizational meeting of the Authority in 1963 until its annual meetings in 1965, 1966 and 1967, respectively, for the two, three and four year terms of office, all subsequent terms of office shall be for four years. All vacancies in the membership of the Authority, whether caused by expiration of term of office, death, resignation, or otherwise, shall be filled by the governing body of the City of Albany, the Board of Commissioners of Roads and Revenues of Dougherty County and the Board of Education of Dougherty County. Any member of the Authority may be elected to succeed himself. All members duly appointed shall hold office until his or her successors shall be appointed and duly qualified. Any member appointed to fill an unexpired term, shall serve only for the term of the member he or she replaced. The Authority shall elect one of its members as chairman and another member as vice-chairman, both of whom shall be elected for a term of one (1) year, the first chairman and

Page 3289

vice-chairman to serve from the organizational meeting of the Authority in 1963 until the annual meeting in 1964, or until their successors are elected and qualified. Subsequent chairman and vice-chairmen shall be elected at the annual meeting of the Authority for a term of one (1) year. It shall also elect a secretary and treasurer who does not necessarily have to be a member of the Authority and, if not a member, he or she shall have no voting rights and shall be elected to serve for such term as may be determined by the Authority. If a member of the Authority is elected to serve as secretary and treasurer, he or she shall be elected in the same manner and for the same term as the chairman and vice-chairman. No member of the Authority shall hold more than one office except that of secretary and treasurer. Five (5) members of the Authority eligible to vote shall constitute a quorum. A majority of the quorum is empowered to exercise all the rights and perform all the duties of the Authority and no vacancy on the Authority shall impair the right of the quorum to act. The members of the Authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 3. Definitions As used in this Act, the following words and terms shall have the following meanings: (a) The word Authority shall mean the Albany High School Stadium Authority created in section 2 of this Act. (b) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of an athletic stadium and the usual facilities related thereto, parking facilities or parking areas in connection therewith, recreation centers and areas, including but not limited to, athletic fields, parking facilities or parking areas in connection therewith, and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient

Page 3290

and proper development, maintenance and operation of such facilities and areas, deemed by the Authority to be necessary, convenient or desirable. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of preparing the land, including the installation of storm and sanitary sewers, the cost of all machinery, equipment and furnishings related to the operation of any project, financing charges, interest prior to and during construction, and for six (6) months after completion of construction, cost of engineering, architectural, fiscal and legal expenses, administrative expenses and such other expenses as may be necessary or incident to the financing herein authorized, and the cost of placing any project in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Authority, including the proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects. (d) The terms revenue bonds, bonds and obligations as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. L. 1937, p. 761 et seq., as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto; and, in addition, shall also mean obligations of the Authority, the issuance of which are hereinafter authorized in this Act. (e) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

Page 3291

Section 4. Powers The Authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by gift, purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (c) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (d) To make contracts, leases and to execute all instruments necessary or convenient for the performance of any action permitted hereby, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all persons, firms and corporations, all cities, towns and counties, and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; (e) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, furnish, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds made available to the Authority; (f) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality, may impose; (g) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any

Page 3292

agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (h) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (i) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; (j) The Authority and any trustee acting under any trust indenture, are specifically authorized from time to time to sell, lease, grant exchange or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in section 18 hereof; (k) To do all things necessary or convenient to carry out the powers expressly given in this Act. (l) To establish an office and place of business at any place within the City of Albany, Dougherty County, Georgia. Section 5. Revenue Bonds The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost, as herein defined, of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The

Page 3293

bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto, shall be payable semiannually, shall mature at such time or times not exceeding thirty (30) years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1937, p. 761 et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. The maximum amount of revenue certificates which may be issued by this Authority shall be the principal sum of one hundred thousand ($100,000.00) dollars. Section 6. Same; Form; Denominations; Registration; Place of Payment The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 7. Same; Signatures; Seal All such bonds shall bear the manual or facsimile signature of the chairman or vice-chairman of the Authority, which shall be attested to by the secretary and treasurer of the Authority and the official seal of the Authority shall be affixed thereto. Any coupons attached thereto shall bear the facsimile signature of the secretary and treasurer of the Authority. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease

Page 3294

to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Section 8. Same; Negotiability; Exemption from Taxation All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State. Section 9. Same; Sale; Price The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority, but no such sale shall be made at a price which would result in a net interest cost in excess of the limit set forth in section 5 hereof. Section 10. Same; Proceeds of bonds The proceeds of such bonds shall be used solely for the payment of the cost of project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which unless otherwise provided in the resolutions authorizing the issuance of the bonds or in any trust indenture shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into such funds as may be provided in the resolution authorizing the issuance of the bonds or in any trust indenture. Section 11. Same; Interim receipts and certificates or temporary bonds Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with

Page 3295

or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 12. Same; Replacement of lost or mutilated bonds .The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 13. Conditions precedent to issuance; Object of issuance Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of the quorum as in this Act provided. Section 14. Credit not pledged Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of any city or county in the State of Georgia, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate any city or county in said State to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 15. Same; Trust indenture as security In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived

Page 3296

from the sale, from time to time, of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 16. Same; To whom proceeds of bonds shall be paid The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or

Page 3297

trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 17. Same; Sinking fund The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal, of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust indenture may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying principal and interest, and (4) any premium upon bonds retired by call or puchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in any trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in any trust indenture, surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 18. Same; Remedies of bondholders Any holder of revenue bonds issued under the provisions of this Act or

Page 3298

any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by any trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging and collecting of revenes, fees, tolls and other charges for the use of the facilities and services furnished. Section 19. Same; Refunding bonds The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 20. Same; Venue and jurisdiction Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Dougherty County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court, which shall have exclusive, original jurisdiction of such actions. Section 21. Same; Validation Bond of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be used, which has contracted

Page 3299

with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The judgment of validation shall be final and conclusive as to the validity of said bonds and the security therefor, against the authority and against any municipality, county, authority, subdivision or instrumentality of the State of Georgia or the United States Government contracting with the said Albany High School Stadium Authority, if such contracting party be a party to the validation proceedings. Section 22. Same; Interest of Bondholders protected While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority, or of its officers, employees or agents, shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 23. Monies received considered trust funds All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 24. Purpose of the authority Without limiting the generality of any provisions of this Act, the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining and operating an athletic

Page 3300

stadium and athletic field and other related facilities for athletic, sporting, cultural, religious, political, musical, educational and other events, and parking facilities and parking areas in connection therewith; for acquiring, constructing, equipping, maintaining and operating recreational centers and areas, including but not limited to athletic fields, parking facilities or parking areas in connection therewith, and the usual and convenient facilities appertaining to such undertakings; to extension and improvement of such facilities; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient and desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 25. Rates, charges and revenues; Use The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, or contracts for the use of its land and facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and, in anticipation of the collection of the revenues and income of such undertakings or projects, is authorized to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto, thereafter made or the sale of any of its lands and facilities. Section 26. Properties exempt from taxation The properties of the Authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia, and not for purposes of private or corporate benefit and income, and such properties

Page 3301

and the Authority shall be exempt from all taxes and special assessments of any city, county, or the State or any political subdivision thereof. Section 27. Rules and regulations for operation of projects It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act. Section 28. Powers declared supplemental and additional The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 29. Effect or partial invalidity of Act The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 30. Notice of intention to apply for enactment Be it further enacted by the authority aforesaid that the General Assembly finds upon investigation and declares that notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945. A copy of said notice, together with proof of publication, is hereto attached and made a part hereof. Section 31. Repeal 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 ensuing 1963 session of the General Assembly of Georgia a bill to create the Albany High School Stadium Authority; to provide the powers and duties of such Authority; to provide methods of financing authorized undertakings by the

Page 3302

issuance of revenue bonds and otherwise; to authorize the Authority; to own, operate, maintain, sell and lease property and facilities, to contract, to sue and be sued, to borrow money and pledge its assets; to collect and disburse money; to own and operate recreational facilities and to do all things necessary or incident thereto; to have all the rights and privileges of corporations generally and to be a body politic; and for other purposes. This the 11 day of January, 1963. A. W. Holloway, Senator George D. Busbee William S. Lee Colquitt H. Odom, Representatives 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 12, 19 and 26, 1963. /s/ George D. Busbee Representative, Dougherty County Sworn to and subscribed before me this 6th day of March, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My commission expires Mar. 17, 1964. (Seal). Approved April 9, 1963.

Page 3303

DOUGHERTY COUNTY SCHOOL SYSTEMUSE OF FUNDS ETC. FOR EDUCATION BEYOND HIGH SCHOOL LEVEL. No. 396 (House Bill No. 616). An Act to amend an Act providing for the merger of the then existing independent school system of the City of Albany and the then existing school district of the County of Dougherty lying outside the corporate limits of said city, so as to constitute one school district or system co-extensive with the limits of said county pursuant to the amendment of the Constitution of the State of Georgia of 1945, said amendment, designated as Article VIII, Section V, Paragraph I of said Constitution, and Section IV thereof, approved February 5, 1951 (Ga. L. 1951, pp. 2233-2252), so as to more definitely define the right, authority, duties and powers of the Board of Education of the Dougherty County School System; to provide for the acquisition of property and the construction and equipping of existing and new school buildings and facilities in order to afford education beyond the high school level and to convey or otherwise transfer such properties and facilities and to contribute funds to one or more agencies or departments of the State of Georgia for such purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the merger of the then existing independent school system of the City of Albany and the then existing school district of the County of Dougherty lying outside the corporate limits of said city, so as to constitute one school district or system co-extensive with the limits of said county pursuant to the amendment of the Constitution of the State of Georgia of 1945, said amendment, designated as Article VIII, Section V, Paragraph I of said Constitution, and Section IV thereof, approved February 5, 1951 (Ga. L. 1951, pp. 2233-2252), is hereby amended by adding to the end of Section IV the following words: The `Dougherty County School System' by and through

Page 3304

its Board of Education, its successors or assigns, is hereby specifically authorized to acquire real property and to acquire, construct and equip building and facilities and to use and equip existing buildings for education beyond the high school level, and to maintain and operate the same, and further, in its 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 or to such other appropriate state agency, to be applied towards the acquisition of real property and the acquisition, constructing and equipping of buildings and facilities for education beyond the high school level, and for the maintenance and operation of the same and to convey or otherwise transfer property, buildings, facilities and equipment now owned or hereafter acquired to the Board of Regents of the University System of Georgia or to such other appropriate state agency, its successors or assigns, to be operated and maintained under such terms and conditions agreed upon between the said `Dougherty County School System' and the Board of Regents or such other appropriate state agency. 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 1963 session of the General Assembly of Georgia, a bill to amend the Act creating the Dougherty County School System (Ga. L. 1951, p. 2233, et seq.) and all Acts amendatory thereof, so as to more definitely define the right, authority, duties and powers of the Dougherty County Board of Education; to provide for the acquisition of property and construction and equipping of school buildings and facilities in order to afford education beyond the high school level, and to allow the gift and conveyancing of such properties and facilities to one or more agencies or departments of the State of Georgia for such purpose, and to further provide for the contribution of funds by the Dougherty County Board of Education to one or more agencies or departments

Page 3305

of the State of Georgia for such purpose; to repeal conflicting laws, and for other purposes. A. W. Holloway Senator, 12th District William S. Lee Representative, Dougherty County Colquitt H. Odom Representative, Dougherty County George D. Busbee Representative, Dougherty County 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: February 9, 16 and 23, 1963. /s/ George D. Busbee Representative, Dougherty County Sworn to and subscribed before me this 6th day of March, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My commission expires Mar. 17, 1964. (Seal). Approved April 9, 1963.

Page 3306

CIVIL COURT OF FULTON COUNTYOFFICE OF JUDGE EMERITUS CREATED. No. 397 (House Bill No. 624). An Act to amend an Act abolishing all justice courts and the office of justice of the peace in the City of Atlanta, Georgia, and establishing in lieu thereof the Civil Court of Fulton County (formerly Civil Court of Fulton and DeKalb Counties) (formerly Municipal Court of Atlanta), in the City of Atlanta, approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, to create the position of judge emeritus of the Civil Court of Fulton County; to provide for his compensation; 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 described in the caption hereof, as amended, be further amended as follows: Section 1. There is hereby created the position of judge emeritus of the Civil Court of Fulton County. The judge emeritus, when acting as a judge of said court shall have all the powers, duties and responsibilities attached to the position of judge. Created. Section 2. Every judge heretofore retired or who may hereafter retire as a judge of the Civil Court of Fulton County shall automatically become judge emeritus of said court. His designation as judge emeritus shall in no way affect the pension rights of such retired judge. The compensation hereafter provided shall be in addition to any pension or retirement pay which said judge may be receiving or may be entitled to receive. Same. Section 3. It shall be in the discretion of the chief judge of the Civil Court of Fulton County to call upon said judges emeritus to serve as an active judge of said court for such period of time as he may think appropriate and necessary for the handling of the business coming before the court. Duties, etc.

Page 3307

Section 4. For each day of actual service by such judge emeritus, he shall be paid the sum of $35.00 per day which shall be paid from the treasury of the county as active judges are paid. Compensation. Section 5. The acceptance of an assignment by the chief judge to act as judge of the court shall in no way interfere with the right of such retired judge to practice law, except he may not practice law in the Civil Court of Fulton County. Practice of law. Section 6. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Section 7. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 15th and 22nd days of February, 1963, and on the 1st day of March, 1963. As provided by law. /s/ Frank Kempton Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1963 session of the General Assembly of Georgia, a bill to be entitled an Act to amend an Act abolishing all justice courts and the office of justice of the peace in the City of Atlanta, Georgia, and establishing in lieu thereof the

Page 3308

Civil Court of Fulton County (formerly Civil Court of Fulton and DeKalb Counties) (formerly Municipal Court of Atlanta), in the City of Atlanta, approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, so as to provide that the jurisdiction of the Civil Court of Fulton County shall be concurrent with the superior courts in actions for injuries to the person where the sum sued for does not exceed ten thousand ($10,000.00) dollars, exclusive of property damage; to provide that the present jurisdiction of the Civil Court of Fulton County except for such extension, shall remain unchanged; to change the provisions relating to judges pro hac vice; to authorize retired judges of the Civil Court of Fulton County to act as judges pro hac vice; to change the provisions relative to compensation of judges pro hac vice; to repeal conflicting laws; and for other purposes. This 15 day of February, 1963. J. M. Salome Senator, 36th District Subscribed and sworn to before me this 6th day of March, 1963. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My commission expires Oct. 18, 1963. (Seal). Approved April 9, 1963. ELECTIONS IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 7,367 AND NOT MORE THAN 7,377. No. 398 (House Bill No. 625). An Act to authorize counties whose population is determined by the United States Census of 1960 or by any future United States Census, which shall be between 7,367 and 7,377 persons, to nominate and elect county officials and the member of the House of Representatives to the General

Page 3309

Assembly of Georgia by a majority of the popular votes in the county; to provide that the county officials and the member of the House of Representatives to the General Assembly of Georgia to be nominated and elected at the same time; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All counties in the State of Georgia whose population is determined by the United States Census of 1960 or by any future United States Census, which shall be between 7,367 and 7,377 persons, shall nominate and elect all county officials and the member of the House of Representatives to the General Assembly of Georgia by a majority of the popular votes cast in the county. Majority vote. Section 2. All counties in the State of Georgia whose population is determined by the United States Census of 1960 or by any future United States Census, which shall be between 7,367 and 7,377 persons, shall nominate and elect all county officers and the member of the House of Representatives to the General Assembly of Georgia at the same time. Time of elections. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 9, 1963. BRANTLEY COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 399 (House Bill No. 629). An Act to create the office of commissioners of roads and revenues of Brantley County, approved July 19, 1927 (Ga. L. 1927, p. 500), as amended, so as to change the compensation of the commissioners; to provide for an additional sum to be paid to the chairman at the discretion of the

Page 3310

other members; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioners of roads and revenues of Brantley County, approved July 19, 1927 (Ga. L. 1927, p. 500), as amended, is hereby amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8 to read as follows: Section 8. The board of commissioners shall hold their regular session on the first Tuesday in each month at the county site. They shall receive a compensation for their services a salary of fifty ($50.00) dollars each per month. The chairman is hereby authorized to be paid a total salary of one hundred ($100.00) dollars per month, if the other members of the commission vote that he shall receive such sum. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Brantley County. Notice of Proposed Local Legislation. Notice is hereby given that application at the 1963 term of the General Assembly of Georgia, for the passage of the following bill applying only to the County of Brantley. An Act to amend an Act creating the office of commissioners of roads and revenues, of Brantley County, Georgia by increasing the monthly pay of said members to fifty dollars ($50.00) each per month, and with the proviso, that a majority of said members may prescribe a sum not exceeding one hundred dollars ($100.00) for its chairman. To repeal conflicting laws, and for other purposes. This 13th day of Feb. 1963. Hoke S. Wilson Representative, Brantley County, Georgia

Page 3311

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hoke S. Wilson, who, on oath, deposes and says that he is Representative from Brantley County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brantley Enterprise, which is the official organ of said county, on the following dates: February 14, 1963, February 21, 1963 and February 28, 1963. /s/ Hoke S. Wilson Representative, Brantley County Sworn to and subscribed before me this 7 day of March, 1963. /s/ Amelia Smith Notary Public, Georgia, State at Large. My commission expires Oct. 19, 1964. (Seal). Approved April 9, 1963. TOWN OF POOLERJUDGE OF MAYOR'S COURT. No. 400 (House Bill No. 633). An Act to amend an Act incorporating the Town of Pooler, approved January 30, 1946 (Ga. L. 1946, p. 593), as amended, particularly by an Act approved February 23, 1956 (Ga. L. 1956, p. 2479), so as to provide for the appointment and qualifications of the judge of the mayor's court; 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 Pooler, approved January 30, 1946 (Ga. L. 1946, p. 593), as amended, particularly by an Act approved February 23, 1956 (Ga. L.

Page 3312

1956, p. 2479), is hereby amended by striking from section 17 the third sentence, which read as follows: The mayor shall be the judge and in the absence of disqualification of the mayor, in his discretion, any alderman or the town attorney shall be the judge pro tem., and substituting in lieu thereof the following: The mayor shall appoint an attorney who shall be admitted to practice law before the superior courts of the State of Georgia to serve as judge of the mayor's court or as judge pro tem. thereof, who shall serve at the pleasure of the mayor. In the absence or disqualification of the attorney appointed, the mayor shall appoint an alternate attorney to serve as judge of the mayor's court or as judge pro tem. thereof, so that when so amended section 17 shall read as follows: Section 17. Be it further enacted, that there shall be a mayor's court for the trial of all offenders against the laws and ordinances of the Town of Pooler. Such court shall be vested with all authority and jurisdiction now or hereafter conferred on mayor's court of municipalities. The mayor shall appoint an attorney who shall be admitted to practice law before the superior courts of the State of Georgia to serve as judge of the mayor's court or as judge pro tem. thereof, who shall serve at the pleasure of the mayor. In the absence or disqualification of the attorney appointed, the mayor shall appoint an alternate attorney to serve as judge of the mayor's court or as judge pro tem. thereof. The judge or judge pro tem. shall be the presiding officers. As such presiding officer said judge pro tem. shall be vested with all the right, authority and jurisdiction now or hereafter granted to and vested in said judge. Said court shall have the power to preserve order and compel the attendance of witnesses; to punish for contempt by imprisonment, not exceeding fifteen (15) days, or a fine, not exceeding twentyfive ($25.00) dollars, either, or both, in the discretion of the judge or judge pro tem. Said court shall sit at such time and place as may be fixed by ordinance, and shall have full power and authority to sentence offenders upon conviction to such punishment as may be prescribed by law and ordinance, but such punishment for each offense shall not exceed a fine of two hundred ($200.00) dollars or imprisonment not exceeding thirty (30) days in the county jail of

Page 3313

Chatham County or of the Town of Pooler, or put such offender to labor upon the public works of Chatham County not exceeding thirty (30) days. Either of said penalties, or the fine provided and one of the thirty day sentences may be imposed, in the discretion of the judge or judge pro tem. 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 Fisher, 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 To Whom it May Concern. Notice is hereby given that there will be introduced at the 1963 session of the Georgia General Assembly, with the approval of the mayor and council of the City of Pooler, Georgia, an amendment to the corporate charter of the Town of Pooler, with respect to the appointment and qualification of the judge of the recorders court of said town. This 8th day of February, 1963. Allyn M. Wallace 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 February 8, February 15, February 22, 1963. /s/ Sandra Fisher

Page 3314

Sworn to and subscribed before me this 4 day of March, 1963. /s/ Robbie Joe Miller Notary Public, Chatham County, Ga. (Seal). Approved April 9, 1963. CITY OF AUGUSTAADDITIONAL RANKS IN POLICE AND FIRE DEPARTMENTS. No. 401 (House Bill No. 649). 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, pp. 2771-2786) entitled An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta, by an Act approved January 31, 1798 (Ga. L. 1798), as amended by various amendatory Acts thereof, so as to create a Board of Civil Service Commission for the City Council of Augusta, and to prescribe the qualifications, powers, duties, and authority of said board and its members, to fix the compensation of said board, to fix the method of appointment and/or election of the members; to prescribe the method of procedure for removal of said Civil Service Commissioners from office; to prescribe the rules and regulations governing said board; to fix the age limit of all firemen and policemen, including the chiefs and other officers of the police and fire departments and provisions in reference to their retirement; to provide for the election of all officers and employees of the fire and police departments of the City of Augusta; and for other purposes., so as to create certain additional ranks in the police and fire departments; to repeal conflicting laws; and for other purposes.

Page 3315

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 the Act of the General Assembly approved February 15, 1952 (Ga. L. 1952, pp. 2771-2786), is further amended as follows: A. By adding another subparagraph of paragraph (n) of section 7 of said Act of 1952 aforesaid, to be known as subparagraph 1 (a), so as to create certain additional ranks as follows: Lieutenant secretary; sergeant assistant secretary; sergeant detective; and detective. B. By adding another subparagraph of paragraph (r) of Section 7 of said Act of 1952 aforesaid to be known as subparagraph 1 (a), so as to create certain additional ranks as follows: Private secretary; private carpenter; captain inspector; private radio technician; private plumber; private inspector; private mechanic; private painter; private driver; and private operator. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. That there is attached and by reference made a part of this Act evidence that notice of intention to apply for this local legislation has been given as required by law. Affidavit of Publication. State of Georgia, Richmond County. Personally appeared, Marie LeRoy, who being duly sworn says that she is an officer of Southeastern Newspaper, Inc., publishers of The Augusta Herald, a daily newspaper in Augusta, in said State and County, and that the advertisement Notice of Intention to Apply for Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January-February, 1963 session of the General Assembly of Georgia:

Page 3316

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, pp. 2771-2786) entitled An Act to amend the charter of the City of Augusta, incorporated as The City Council of Augusta, by an Act approved January 31, 1798 (Ga. L. 1798), as amended by various amendatory Acts thereof, so as to create a Board of Civil Service Commission for The City Council of Augusta, and to prescribe the qualifications, powers, duties, and authority of said Board and its members, to fix the compensation of said Board, to fix the method of appointment and/or election of the members; to prescribe the method of procedure for removal of said Civil Service Commissioners from office; to prescribe the rules and regulations governing said Board; to fix the age limit of all firemen and policemen, including the chiefs and other officers of the police and fire departments and provisions in reference to their retirement; to provide for the election of all officers and employees of the fire and police departments of the City of Augusta; and for other purposes, so as to create certain additional ranks in the police and fire departments; and for other purposes. E. D. Fulcher, City Attorney, The City Council of Augusta. duly appeared in said newspaper on the following dates to wit: Feb. 9-16-23. /s/ Marie LeRoy Sworn to and subscribed before me this 25th day of February, 1963. /s/ Joseph S. Wright Notary Public, Richmond County, Ga. Approved April 9, 1963.

Page 3317

DOOLY COUNTYSALARY OF TAX COMMISSIONER. No. 403 (House Bill No. 652). An Act to amend an Act entitled An Act to abolish the offices of tax collector and tax receiver in the County of Dooly; to consolidate the offices of tax receiver and tax collector of Dooly County; to create the office of county tax commissioner of Dooly County; to fix his salary; to provide for help and salary of help; to subscribe the rights, liabilities and duties of said officer; to provide that the laws now in force applicable to tax receivers and tax collectors shall be of full force and effect as to the county tax commissioner, so far as the same are applicable; to provide that taxes due and all fi. fas. shall have full force and effect and be collectible as such; to provide the effective date of this Act; to provide for the election of the tax commissioner; to provide that all fees, costs and commissions now accruing to the tax collector and tax receiver shall be collected by the tax commissioner and paid into the county treasury to become county funds; to provide for filling vacancies; to provide for bond and the payment of premium thereon by the county; to provide for the levying of a tax to pay salaries; and for other purposes., approved February 25, 1949 (Ga. L. 1949, p. 1628), so as to change the salary of the tax commissioner of Dooly 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 abolish the offices of tax collector and tax receiver in the County of Dooly; to consolidate the offices of tax receiver and tax collector of Dooly County; to create the office of county tax commissioner of Dooly County; to fix his salary; to provide for help and salary of help; to subscribe the rights, liabilities and duties of said officer; to provide that the laws now in force applicable to tax receiver and tax collectors shall be of full force and effect as to the county tax commissioner, so far as the same are applicable; to provide that taxes due and all fi. fas. shall have full force and effect and be collectible

Page 3318

as such; to provide the effective date of this Act; to provide for the election of the tax commissioner; to provide that all fees, costs and commissions now accruing to the tax collector and tax receiver shall be collected by the tax commissioner and paid into the county treasury to become county funds; to provide for filling vacancies; to provide for bond and the payment of premium thereon by the county; to provide for the levying of a tax to pay salaries; and for other purposes., approved February 25, 1949 (Ga. L. 1949, p. 1628), is hereby amended by striking from section 3 thereof the following language: That the salary of said tax commissioner shall be $4,200.00 per annum, to be paid monthly from funds in the county treasury. and inserting in lieu thereof the following language: The salary of the tax commissioner of Dooly County shall be six thousand ($6,000.00) dollars per annum and shall be paid in equal monthly installments from the funds of Dooly County. so that when so amended section 3 shall read as follows: Section 3. The salary of the tax commissioner of Dooly County shall be six thousand ($6,000.00) dollars per annum and shall be paid in equal monthly installments from the funds of Dooly County. The tax commissioner shall be authorized to employ assistants and clerical help and the salaries of these assistants and clerks shall be fixed by the board of commissioners of roads and revenues of Dooly County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of Georgia, at its session beginning in January, 1963, for the enactment of a local bill to amend

Page 3319

an Act entitled An Act to abolish the offices of tax collector and tax receiver in the County of Dooly and for other purposes, approved February 25, 1949 (Ga. L. 1949, p. 1628), so as to authorize the commissioners of roads and revenues for the County of Dooly to fix the salary of the tax commissioner of Dooly County, and for other purposes. This February 13, 1963. Commissioners of Roads and Revenues for County of Dooly. By, Olen J. Burton, Chairman Attest: L. F. Beddingfield, Clerk. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, T. I. Sangster, who, on oath, deposes and says that he is Representative from Dooly County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Vienna News, which is the official organ of said county, on the following dates: February 14, 21 and 28, 1963. /s/ T. I. Sangster Representative, Dooly County Sworn to and subscribed before me this 7th day of March, 1963. /s/ Frank E. Blankenship Notary Public, Georgia, State at Large. My commission expires July 15, 1966. (Seal). Approved April 9, 1963.

Page 3320

JACKSON COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 404 (House Bill No. 653). 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), and an Act approved March 3, 1962 (Ga. L. 1962, p. 3000), so as to change the method of compensation; 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), and an Act approved March 3, 1962 (Ga. L. 1962, p. 3000), 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, 1963, 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 ten ($10.00) dollars per month for travel and other expenses. 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.

Page 3321

Beginning April 1, 1963, the chairman shall be compensated an additional amount $150.00 per month as salary for full-time service. Provided however before this increase shall be paid in any month the duties provided for in section 2A of this Act as amended shall have been performed. 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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Jackson County: I, Willa Dean White, do certify that I am managing editor of the Jackson Herald, Inc., the official organ of Jackson County, Georgia, and that the attached notice of intention to apply for the passage of a local bill was published in The Jackson Herald, Inc. the issues of: Feb. 13, 20, 27. /s/ Willa Dean White Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1963 session of the General Assembly of Georgia

Page 3322

local legislation pertaining to the expenses of the office of board of commissioners of roads and revenues; and for other purposes. This 11th day of February, 1963. Sworn to and subscribed before me, this the 6th day of March, 1963. /s/ Henry D. Robinson Notary Public. Approved April 9, 1963. JACKSON COUNTYDISTRIBUTION OF SURPLUS COMMODITIES OF U. S. DEPARTMENT OF AGRICULTURE. No. 405 (House Bill No. 656). An Act to amend an Act entitled An Act to create a board of county commissioners for the County of Jackson; to prescribe the mode of their election; to fix their compensation and to define their powers and duties, and for other purposes., approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, so as to provide that it shall be the duty of the board of commissioners of roads and revenues for the County of Jackson, upon recommendation of a Jackson County grand jury; to provide for the distribution of United States Department of Agriculture surplus commodities in Jackson County; to provide that the board of commissioners of roads and revenues of said county shall have power and authority to provide the necessary facilities, assistance and expenses for the purpose of carrying out said duties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create a board of county commissioners for the County of Jackson; to prescribe

Page 3323

the mode of their election; to fix their compensation and to define their powers and duties, and for other purposes., approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, is hereby amended by adding a new section thereto to be known as section 2A to read as follows: 2A. It shall be the duty of the members of the board of commissioners of roads and revenues for the County of Jackson, upon recommendation of a Jackson County grand jury; to provide, furnish facilities and necessary manpower for distribution of United States Department of Agriculture surplus commodities in Jackson County. The said commissioners of roads and revenues are hereby empowered and authorized to, and they shall furnish the necessary facilities, assistance and expenses for distributing the United States Department of Agriculture surplus commodities in Jackson County to those who are eligible. Such manpower that is already within the control of and/or is already employed by the commissioners of roads and revenues may be used for the distribution of the surplus commodities so as not to incur additional and/or unnecessary expense to the county. Such facilities as are under the control of the commissioners of roads and revenues may also be used in the distribution of the surplus commodities so as not to incur additional and/or unnecessary expense to the county. The board of commissioners of roads and revenues may, in its discretion, initiate such program without a recommendation from the grand jury, provided, however, that where such program is initiated by the board, or on the recommendation of the grand jury, the board shall not permanently discontinue such program without a recommendation by the grand jury that such program be terminated. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Jackson County: I, Willa Dean White, do certify that I am managing editor

Page 3324

of The Jackson Herald, Inc., the official organ of Jackson County, Georgia, and that the attached notice of intention to apply for the passage of a local bill was published in The Jackson Herald, Inc., the issues of: Feb. 13, 20, 27. /s/ Willa Dean White Sworn to and subscribed before me, this the 6th day of March, 1963. /s/ Henry D. Robinson Notary Public. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1963 session of the General Assembly of Georgia, a bill to provide for distribution of U. S. Department of Agriculture surplus commodities in Jackson County; and for other purposes. This 11th day of February, 1963. Approved April 9, 1963. DEKALB COUNTYBUSINESS LICENSES. No. 407 (House Bill No. 683). An Act to amend an Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, Georgia, and creating a chairman and board of commissioners of roads and revenues for DeKalb County, Georgia, approved March 8, 1956 (Ga. L. 1956, p. 3237, et. seq.), as amended by an Act approved March 10, 1959 (Ga. L. 1959, p. 2658, et. seq.), so as to delete from said Act, the provision excepting businesses subject to regulation by the State Public Service Commission from the assessment of license fees, charges or taxes on such businesses; to provide that license

Page 3325

fees, charges or taxes on businesses operating buses in the unincorporated areas of DeKalb County upon the DeKalb County maintained public streets may be assessed; 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. That the Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, Georgia, and creating a chairman and board of commissioners of roads and revenues for DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237, et. seq.), as amended by an Act approved March 10, 1959 (Ga. L. 1959, p. 2658, et seq.), is hereby amended by deleting from paragraph (r) of section 12 of said Act, as amended, the following language: .....except businesses which are subject to regulation by the State Public Service Commission, and by adding to said paragraph on the fourth line thereof after the word profession the following language: Or operating buses upon the county maintained public streets, roads and highways, Buses. so that said paragraph, when so amended, shall read as follows: (r) To fix, levy and assess license fees, charges or taxes on all persons, firms and corporations engaging in or offering to engage in any trade, business, calling, avocation or profession, or operating buses upon the county maintained public streets, roads and highways, in the area of DeKalb County, Georgia, outside the incorporated limits of municipalities situated therein, and to classify all such persons, firms and corporations subject to this Act according to the nature, manner and size of business conducted by such persons, firms and corporations and to fix, levy and assess different license fees, charges or taxes against different

Page 3326

classes of trades, businesses, callings, avocations or professions. Such licenses shall be issued, annually or otherwise, and may be revoked, cancelled or suspended after notice and a hearing, in accordance with rules prescribed by said board. Said board shall be further authorized and empowered to adopt ordinances and resolutions to govern and regulate all such trades, businesses, callings, avocations or professions, not contrary to regulations prescribed by general law, for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens of said county, and to prescribe penalties for the violation of any such ordinances and resolutions, including the operation of such businesses without the obtaining of a license or which such license is revoked or suspended. Payment of said license fees, charges or taxes may be enforced by fi. fas. issued by the governing authority of said county and levied by any officer in said county authorized by law to levy fi. fas. for taxes, assessments, fines, costs or forfeitures due said county. Said board shall be authorized, in its discretion, to require any and all persons, firms or corporations licensed under this Act to give a bond payable to DeKalb County and conditioned to pay said county or anyone else, suing in the name of said county and for their use, for injuries or damages received on account of dishonest, fraudulent, immoral or improper conduct in the administration of the business so licensed, such bond to be fixed and approved by said board of commissioners but not to exceed the sum of five thousand dollars. Such license fees, charges or taxes shall be in addition to all other taxes or assessments heretofore or hereafter levied by said county, and all funds received from same shall be paid into the county depository as general funds of said county. Section 2. Should any sentence, clause, phrase or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part thereof other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect. Severability. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3327

Section 4. Notice of intention to apply for the passage of this local bill has been published in the newspaper in which sheriff's advertisements for DeKalb County are published, namely the DeKalb New Era, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly as required by law. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the authors to the effect that said notice has been published as provided by law. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the current 1963 session of the General Assembly of Georgia a bill to amend an Act approved March 8, 1956 (Ga. L. 1956, p. 3237), creating a chairman and a board of commissioners of roads and revenues for DeKalb County, Georgia, as amended, so as to authorize said board of commissioners to license and regulate businesses regularly operating buses upon the county maintained public streets, roads and highways in the unincorporated areas of DeKalb County and to levy on such businesses an annual license franchise, tax, charge or assessment; to provide that sealed bids after advertising must be obtained on all county purchases exceeding one thousand dollars ($1,000.00) instead of five hundred dollars ($500.00) as now provided; to repeal conflicting laws and for other purposes. This 29th day of January, 1963. James A. Mackay Guy W. Rutland, Jr. J. Robin Harris 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

Page 3328

of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention to Apply for Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being January 31, February 7 and February 14, 1963. The DeKalb New Era /s/ W. H. McWhorter, Managing-Editor Sworn to and subscribed before me this 13 day of March, 1963. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My commission expires Mar. 23, 1963. (Seal). Notice of Intent to Introduce Local Legislation. Notice is herbey given that there will be introduced at the current 1963 session of the General Assembly of Georgia a bill to amend an Act approved March 8, 1956 (Ga. L. 1956, p. 3237), creating a chairman and a board of commissioners of roads and revenues for DeKalb County, Georgia, as amended, so as to authorize said board of commissioners to license and regulate businesses regularly operating buses upon the county maintained public streets, roads and highways in the unincorporated areas of DeKalb County and to levy on such businesses an annual license franchise, tax, charge or assessment; to provide that sealed bids after advertising must be obtained on all county purchases exceeding one thousand dollars ($1,000.00) instead of five hundred dollars ($500.00) as now provided; to repeal conflicting laws and for other purposes.

Page 3329

This 29th day of January, 1963. James A. Mackay Guy W. Rutland, Jr. J. Robin Harris 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 January 31, February 7 and February 14, 1963. The DeKalb New Era /s/ W. H. McWhorter, Managing-Editor Sworn to and subscribed before me this 13 day of March, 1963. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My commission expires Mar. 23, 1963. (Seal). Approved April 9, 1963.

Page 3330

CITY OF WARNER ROBINSCITY MANAGER, REFERENDUM. No. 409 (House Bill No. 454). An Act to amend an Act entitled An Act to create and incorporate a new municipality in Houston County, to be known as Warner Robins; to provide a charter for and to declare the rights, powers, and privileges of said municipality, and of its officers; and for other purposes., approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, particularly by an Act approved February 8, 1950 (Ga. L. 1950, p. 2089), and an Act approved February 27, 1956 (Ga. L. 1956, p. 2701), so as to change the compensation of the mayor; to provide for the election of the mayor and councilmen; to provide for the duties and powers of the mayor and councilmen; to provide for a city manager, to provide for his appointment; to provide for his removal; to provide for his duties, powers and responsibilities; 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 entitled An Act to create and incorporate a new municipality in Houston County, to be known as Warner Robins; to provide a charter for and to declare the rights, powers, and privileges of said municipality, and of its officers; and for other purposes., approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, particularly by an Act approved February 8, 1950 (Ga. L. 1950, p. 2089), and an Act approved February 27, 1956 (Ga. L. 1956, p. 2701), is hereby amended by adding to section 3 the following paragraph: If this Act shall be approved in the referendum provided for in section 5 hereof, the salary of the mayor of the City of Warner Robins shall be reduced from $5,200.00 per annum to the sum of $1,200.00 per annum, effective upon the acceptance of employment by the city manager appointed under the terms of this Act. Mayor's salary

Page 3331

Section 2. Said Act is further amended by striking in its entirety section 5 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 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. Government. An election for mayor and six (6) councilmen shall be held on the Tuesday after the first Monday in October, 1964, 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 hereafter elected shall serve in his respective office for a term of four (4) years and until his successor is elected and qualified. The six (6) council posts are to be staggered as follows: At the first

Page 3332

city election after passage of this Act by the General Assembly, that being the year 1964, three (3) councilmen will be elected to Posts 1, 3 and 5, for a four (4) year term, and councilmen elected for Posts 2, 4 and 6, will be elected for a two (2) year term. Elections following the first election after the passage of this Act will then be for four (4) year terms. 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 3. Said act is further amended by striking in its entirety section 10 and inserting in lieu thereof a new section 10 to read as follows: Section 10. The mayor and councilmen shall constitute the legislative department of the city government, and as such shall be vested with full power and authority to condemn property either within or without the corporate limits necessary for any public purpose, in accordance with the method and procedure of the condemnation of property provided by the laws of Georgia; To have full and complete control of the streets and sidewalks, alleys and squares of the city, and shall have full power and authority to condemn property for the purpose of laying out new streets and alleys, and for widening, straightening or grading, or in any way changing the street lines and sidewalks of said city; To lease or sell any public property not used for public purposes; To make and establish by ordinance or resolution, rules and regulations respecting public streets, sidewalks, alleys, and parks, public markets and marketing drainage, fire prevention and control railroads, street railroads and transportation systems, motor-busses and other common carriers for hire, hotels, theatres, any and all places of amusement or to which the public is invited, buildings, motor vehicles and other vehicles, filling stations, garages, public-utility companies, and respecting all other matters and things affecting the good government of said corporation as they shall deem requisite and proper for the security, welfare, health, and convenience of said municipality and for the preservation of the peace and good order of the same. Powers.

Page 3333

This general enumeration of powers is not to be construed as in conflict with any other power or authority conferred by the terms of this Act or general Acts applicable to this corporation, but, on the contrary, shall be construed as in aid of such power. All legislation shall be adopted or rejected by the majority vote of the mayor and councilmen. The mayor, in all cases, being entitled to a vote. Section 4. Said Act is further amended by adding at the end thereof an Article III to read as follows: Article III, City Manager . Section 1. Notwithstanding any other provisions of the charter of the City of Warner Robins, the powers, duties, and responsibilities for the management of the municipal affairs of the City of Warner Robins shall be vested in the officers herein designated and created. Section 2. At the first meeting of the mayor and board of councilmen after this Act becomes law as provided for herein, they shall choose a city manager. They shall also appoint a city attorney, a city recorder and members of the planning board. They shall also choose a board of trustees of the public library, recreation board, a board of tax assessors, a city planning commission, and a board of zoning appeals. They may at any time fill any vacancies that occur in any of the above offices. The officers and employees elected or chosen by the mayor and council shall receive such compensation, take such oath, and, when required, give such bond as may be fixed by the mayor and council. Section 3. The city manager shall be the chief executive officer and the head of the administrative 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. At the time of his appointment, he need not be a

Page 3334

resident of the city or State, but during his tenure of office he shall reside within the City. No person elected to membership on the city council or as mayor shall subsequent to such election, be eligible for appointment as city manager until one year has elapsed following the expiration of the term for which he was elected. The city manager shall be appointed for an indefinite term but may be removed by a majority vote of the mayor and council. At least thirty (30) days before such removal may become effective, the city manager shall be furnished with a formal statement in the form of a resolution passed by a two-thirds ([UNK]) vote of the entire membership of 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 resolution. If so requested by the city manager, the mayor and council shall fix a time for a public hearing upon the question of his removal if he so desires. The final resolution removing the city manager shall not be adopted until such public hearing has been had if so requested. Upon passage of a resolution stating their intention to remove the city manager, the mayor and council may suspend him from duty, his pay shall cease at time of his suspension. The action of the mayor and council in removing the city manager shall be final. In case of the absence or disability of the city manager, the mayor of the city will perform the duties of the city manager during such absence or disability. (a) The city manager shall receive such compensation as may be prescribed by ordinance of the mayor and council. (b) The city manager must devote all of his working time and attention to the affairs of the city and shall be responsible to the mayor and council for the efficient administration of all of the affairs of the city over which he has jurisdiction. (c) The city manager shall have power and it shall be his duty: (1) To see that all laws and ordinances are enforced.

Page 3335

(2) To appoint a marshal, chief of police, city clerk and treasurer, a superintendent of water and light plant and such other department heads which may be necessary, with confirmation of mayor and council. That excepted from this power of appointment are those officer and employees who by this Act are appointed or elected by the mayor and council. (3) To exercise supervision and control of all departments and all divisions created by this charter or that may hereafter be created by the mayor and council, except as otherwise provided for in this Act. (4) To attend all meetings of the mayor and council as advisor with a right to take part in the discussions, but having no vote. The city manager shall be entitled to notice of all special meetings. (5) To recommend to the mayor and council the adoption of such measures as he may deem necessary or expedient. (6) To make and execute all lawful contracts except as otherwise provided for herein, with the approval of mayor and council on behalf of the city as to matters within their jurisdiction, except such as may be otherwise provided by law or by ordinance passed by the mayor and council provided that no contract purchase, or obligation involving over five hundred (500.00) dollars shall be valid and binding until after aproval of the mayor and council, and in cases of purchases until after three competitive bids shall have been submitted in writing to the city manager. (7) To act as budget commissioner with such committee as the mayor and council may appoint to prepare and submit to the mayor and council prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year showing in as much detail as practicable the amount allotted to each department of the city government and the reasons for such estimated expenditures. (8) To keep the mayor and council at all times fully advised as to the financial condition and needs of the city.

Page 3336

(9) To make a full written report to the mayor and council on the first of each month showing the operations and expenditures of each department of the city government for the preceding month. (10) To fix all salaries and compensation of city employees lawfully employed by him. (11) To perform such other duties as may be prescribed by this act, or required by ordinance or resolution of the mayor and council. (12) The city manager shall be responsible for purchasing for the city by whom all the purchases of supplies for departments under his control as herein provided and all contracts for printing shall be made, and he shall approve all vouchers for same, provided that all contracts or agreements made by him requiring the expenditure of money to the amount of five hundred (500.00) dollars, not more often than once each 30 days, unless confirmed by mayor and council, or more shall be approved by the mayor and council after he shall have first secured written competitive bids covering said purchase. In the capacity of purchasing agent, he shall conduct all sales of personal property which the mayor and council may authorize to be sold, and which have become unnecessary or unfit for the cities useall such sales shall conform to such regulations as the mayor and council may from time to time prescribe. In any case of purchase or sale, if an amount in excess of five hundred (500.00) dollars be involved, (within every 30 days, unless confirmed by mayor and council) opportunity for competition shall be given. (13) The city manager, before entering upon the discharge of his duties, shall give bond in the penal sum for at least one hundred thousand ($100,000.00) dollars to be fixed and approved by the mayor and council (the premium of which shall be paid by the city) payable to the city of Warner Robins, and its successors, for the benefit of the city and for the use and benefit of the public, to secure and indemnify the city and any of the public, by reason of his

Page 3337

default, misfeasance, malfeasance, or nonfeasance in the performance of his duties. Section 5. All powers, duties and responsibilities placed upon the city manager in relation to the personnel supervision, management and control of city employees shall be exercised within and subject to any merit system adopted by the city. Section 5. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council to issue the call for an election for the purpose of submitting this Act to the voters of the City of Warner Robins for approval or rejection. The mayor and council shall set the date for such election as provided for by law. The mayor and council shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of the City of Warner Robins. The ballot shall have written or printed thereon the words: For approval of the Act creating a city manager for the City of Warner Robins, providing for the election of the mayor and councilmen and defining their duties, powers and responsibilities. Against approval of the Act creating a city manager for the City of Warner Robins, providing for the election of the mayor and councilmen and defining their duties, powers and responsibilities. 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 became of full force and effect on July 1, 1963. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by the City of Warner Robins. 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

Page 3338

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 6. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Houston County. Personally appeared before me, Cooper Etheridge, who, on oath, says that he is the editor and publisher of The Houston Home Journal, a newspaper published in Houston County, Georgia, being of general circulation and being the legal organ for Houston County, who certifies that the legal notice, a true copy of which is hereto attached, the same being notice of intention to apply for local legislation, was published once a week for three (3) weeks as required by law; said notice having appeared in said newspaper on January 3, 1963, January 10, 1963 and January 17, 1963. /s/ Cooper Etheridge Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of Warner Robins, Georgia intends to introduce legislation at the 1963 session of the General Assembly to amend the charter of the City of Warner Robins, Georgia as follows: 1. To amend the charter of the City of Warner Robins, 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 for the city manager. Said legislation shall provide for a referendum on the question. 2. To expand the corporate limits of the City of Warner Robins, Georgia. 3. To amend the charter of the City of Warner Robins, Georgia to change the terms of office of the mayor and

Page 3339

council of the City of Warner Robins, Georgia and to provide an effective date in connection therewith. 4. To amend the qualifications of the mayor of the City of Warner Robins, Georgia, and to reduce the salary of the mayor in the event the city manager type of government is adopted by a referendum. 5. To change the election of the mayor and council and to provide an effective date of said election date change. This the 27 day of December, 1962. Paul Stalnaker D. C. Peterson Sworn to and subscribed before me this the 8 day of February, 1963. /s/ Lois L. Athon, Notary Public. My commission expires Feb. 11, 1964. (Seal). Approved April 12, 1963. COMPENSATION TO WAINER CONSTRUCTION COMPANY, INC. No. 79 (House Resolution No. 28-47). A Resolution. To compensate Wainer Construction Company, Inc.; and for other purposes. Whereas, the State Highway Department awarded a contract for some concrete pavement in DeKalb County, Georgia, to the Wainer Construction Company, Inc., said contract being Project No. I-401-1 (5) CT2; and

Page 3340

Whereas, due to an oversight on the part of the resident engineer, the cost of the concrete pavement utilized in said project was inadvertently left off the final estimate; and Whereas, the above mentioned omission was not discovered until after the State Highway Department had already settled the contract; and Whereas, the contractor and the State Highway Department have held a thorough discussion of the entire matter and have agreed that the remaining amount involved is $661.15; and Whereas, all parties are in agreement that the amount should be paid, and it is only just and proper that such amount be paid; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Wainer Construction Company, Inc., the sum of $661.15 as compensation as set out above. Said payment shall be in full and final satisfaction for any claim against the State arising out of the aforesaid contract. Said sum shall be paid from the funds appropriated to or available to said department. Approved April 12, 1963. COMPENSATION TO MRS. CHRISTINE P. KING. No. 80 (House Resolution No. 29-47). A Resolution. Compensating Mrs. Christine P. King; and for other purposes. Whereas, on August 23, 1961, a collision occurred between a State Highway motor vehicle and an automobile

Page 3341

owned and operated by Mrs. Christine P. King of Valdosta, Georgia; and Whereas, said collision damaged the automobile of Mrs. King in the amount of $131.88; and Whereas, the collision was caused through no fault of Mrs. King. 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 $131.88 to Mrs. Christine P. King as compensation for damages as set out above. Said payment shall be in full and final satisfaction for any claim against the State arising out of the aforesaid accident. Said sum shall be paid from the funds appropriated to and available for the State Highway Department. Approved April 12, 1963. COMPENSATION TO HENRY C. KENNEDY. No. 81 (House Resolution No. 35-77). A Resolution. Compensating Honorable Henry C. Kennedy; and for other purposes. Whereas, a great number of habeas corpus proceedings are handled in the Superior Court of Tattnall County and the City Court of Reidsville due to the fact that Tattnall State Prison is located in Tattnall County; and Whereas, the clerk of the Superior Court of Tattnall County and City Courts of Reidsville is required to perform all the duties connected with such proceedings in addition to the normal flow of work; and

Page 3342

Whereas, the additional duties required of him by virtue of such habeas corpus proceedings place an undue burden upon said clerk; and Whereas, the great majority of the petitioners in said habeas corpus proceedings due to their poverty are unable to pay costs in such proceedings; and Whereas, there are no provisions of law under which said clerk may be compensated for this great amount of extra, burdensome work; and Whereas, there are sixty-nine habeas corpus cases in the Superior Court of Tattnall County and the City Court of Reidsville for which said clerk has not been paid costs, which costs amount to a total of $1,461.50; and Whereas, Honorable Henry C. Kennedy is the clerk of both the Superior Court of Tattnall County and the City Court of Reidsville; Now, therefore, be it resolved by the House of Representatives that Honorable Henry C. Kennedy, clerk of the Superior Court of Tattnall County and the City Court of Reidsville be compensated in the amount of $1,461.50, which amount is the total of costs due in habeas corpus proceedings in both of said courts, and that the State Board of Corrections is hereby authorized and directed to pay said sum out of the appropriations provided for said board. Approved April 12, 1963.

Page 3343

COMPENSATION TO W. L. WEST, SR. No. 82 (House Resolution No. 39-77). A Resolution. Compensating W. L. West, Sr.; and for other purposes. Whereas, on or about December 16, 1959, W. L. West, Sr., was operating his 1950 Buick automobile on U. S. Highway 29 approximately one and one-half (1) miles south of the city limits of Gainesville, Georgia and Whereas, Sergeant C. L. Taylor, Jr., an employee of the Department of Public Safety, was operating a State patrol motor vehicle in the opposite direction, and Whereas, Sergeant Taylor, in order to avoid colliding with the rear of an unidentified vehicle stopped in his lane of traffic, drove into the lane of traffic occupied by Mr. West's automobile, and Whereas, said automobile collided, and Whereas, Mr. West was required to expend the sum of $73.07 in repairing damages inflicted upon his automobile, 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. W. L. West, Sr. the sum of $73.07. Such sum shall be paid from the funds appropriated to and available to the Department of Public Safety. Said sum shall be in full and complete satisfaction of any and all claims arising out of said collision. Approved April 12, 1963.

Page 3344

COMPENSATION TO EDSEL SCARBORO. No. 83 (House Resolution No. 46-107). A Resolution. To compensate Edsel Scarboro; and for other purposes. Whereas, Edsel Scarboro owned and resided in a trailer located on private property adjoining State Highway No. 12 approximately three (3) miles east of Madison, Georgia; and Whereas, on February 23, 1961, a 1958 Ford dump truck owned by the State Highway Department was being operated by R. L. Pope, an employee of the State Highway Department, along and upon State Highway No. 12; and Whereas, the right front wheel of the truck came off at a point in close proximity of where the trailer owned by Edsel Scarboro was located; and Whereas, after said wheel became detached from the truck it continued to roll or travel off of State Highway No. 12, across the right-of-way of said highway and onto the property where said trailer was located and the wheel collided with the trailer owned by said Edsel Scarboro; and Whereas, said collision damaged the trailer owned by Edsel Scarboro in the sum of one hundred and fifty-seven ($157.00) dollars and said damage and expenses occurred through no fault whatsoever on the part of Edsel Scarboro and it is only just and proper that Mr. Scarboro be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of one hundred and fifty-seven ($157.00) dollars to Edsel Scarboro by virtue of the statement set out above and because of the

Page 3345

damages herein related. Said sum shall be paid from the funds appropriated to or available to the State Highway Department. The payment of said sum shall be in full and final satisfaction for any and all claims against the State arising out of the aforesaid accident. Approved April 12, 1963. COMPENSATION TO MISS SARAH LYNN ROUNTREE. No. 84 (House Resolution No. 94-188). A Resolution. Compensating Miss Sarah Lynn Rountree; and for other purposes. Whereas, on or about March 29, 1961, the 1959 Chevrolet automobile of Miss Sarah Lynn Rountree was legally parked at the curb at 210 College Avenue in the City of Reidsville, Georgia, said Avenue being a paved street and said automobile being then and there unoccupied, when said automobile was hit by a State Highway road grader driven by Roy Proctor, an employee of the State Highway Department; and Whereas, Miss Rountree's automobile was heavily damaged as a result of said collision; and Whereas, Miss Rountree had in force and effect an automobile collision policy which had a $50.00 deductible clause which required Miss Rountree to pay the first $50.00 of any physical damages occurring to her automobile by a collision type loss; and Whereas, it appears that the damage to said automobile was due solely to the negligence of the driver of said highway road grader. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby

Page 3346

authorized and directed to pay to Miss Sarah Lynn Rountree, Reidsville, Georgia, the sum of $50.00 as compensation for damages as set forth herein. Said sum shall be paid from the funds appropriated to and available for the State Highway Department. Said sum shall be in full and complete satisfaction of all claims arising out of the collision as set forth herein. Approved April 12, 1963. LAW BOOKS TO GORDON COUNTY. No. 85 (House Resolution No. 96-194). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the ordinary of Gordon County; and for other purposes. Whereas, certain volumes of the Georgia Laws are missing from the office of the ordinary of Gordon 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 Gordon County one copy of the Georgia Laws, to wit: 1849, 1850, 1857, 1859, 1862, 1863, 1864, 1867, 1871, 1875, 1910, 1920, 1927, 1928, 1930, 1932, 1934, 1936, 1938, 1940, 1942, 1944, 1951 and 1954. Approved April 12, 1963.

Page 3347

COMPENSATION TO MRS. ELIZABETH M. NORTH. No. 86 (House Resolution No. 110-267). A Resolution. Compensating Mrs. Elizabeth M. North; and for other purposes. Whereas, on or about May 15, 1962, Mrs. Elizabeth M. North was operating her 1961 Ford automobile in a northerly direction on Greenville Street in the City of Newnan, Georgia; and Whereas, while attempting to pass Mrs. North's vehicle, a motor vehicle belonging to the State Forestry Commission and operated by an employee thereof, struck and damaged the left rear portion of Mrs. North's automobile; and Whereas, $25.00 was required to repair said damages; and Whereas, said collision was caused by the carelessness of an employee of the State Forestry Commission. Now, therefore, be it resolved by the General Assembly, that the State Forestry Commission is hereby authorized and directed to pay the sum of $25.00 to Mrs. Elizabeth M. North as compensation for the damages as herein set forth. Said sum shall be paid from the funds appropriated to and available for the State Forestry Commission. Said sum shall be in full and complete satisfaction of damages arising out of the occurrence as herein set forth. Approved April 12, 1963.

Page 3348

COMPENSATION TO J. O. JUSTICE. No. 78 (House Resolution No. 122-316). A Resolution. To compensate Mr. J. O. Justice; and for other purposes. Whereas, on August 31, 1962, an employee of the State Highway Department of the State of Georgia, while operating a mowing machine, or grass cutting device about three and one-half miles south of Eastman, Georgia, on Highway No. 341, at or near a small business operated by said J. O. Justice, who was standing on the shoulder of said Highway, near where said machine or device was being operated as aforesaid, when said machine or device picked up a piece of wire hidden in the grass, and with terrific force drove it into said J. O. Justice's left leg just above his knee thereby inflicting serious and painful injury to his leg; and Whereas, said employee negligently caused said serious and painful injury, as aforesaid, causing much loss of blood and confinement in Dodge County Hospital for treatment where he incurred an expense of $66.30 to said hospital; also $28.00 for medical treatment, and $12.36 for medicine, besides twenty-five (25) days loss of time from his business at $10.00 per day, or $250.00; and Whereas, said injury still lingers with pain and suffering for which he feels he should be paid not less than $1,000.00, making a total of $1,356.66 damages to Mr. J. O. Justice; and Whereas, it is only just and proper that the said J. O. Justice be reimbursed for his actual expenses, as above indicated, but, in addition thereto for his pain and suffering in the amount of $1,000.00, or a total of $1,356.66; and Whereas, said damages were sustained through no negligence or fault on the part of Mr. Justice.

Page 3349

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 $106.66 to the said J. O. Justice, in full and final satisfaction of all damages incurred as a result of above accident. Said sum shall be paid from the funds appropriated to or made available to said department. Approved April 12, 1963. COMPENSATION TO LEWIS MOORE. No. 88 (House Resolution No. 125-317). A Resolution. To compensate Lewis Moore; and for other purposes. Whereas, on October 24, 1962 at approximately 2:15 p. m. James Moore, brother of Lewis Moore, was driving an automobile belonging to Lewis Moore; and Whereas, James Moore was traveling north on highway 101 approximately 15 miles north of Rockmart in Floyd County, Georgia; and Whereas, James Moore was following a State Highway truck being driven by Fain Moss, an employee of the State Highway Department; and Whereas, Fain Moss saw a large boulder on the side of the highway which he had been instructed to remove; and Whereas, Fain Moss stopped the State Highway truck he was driving, shifted gears, and without proper lookout backed into the car being driven by James Moore; and Whereas, the aforesaid car of Lewis Moore was damaged

Page 3350

causing a loss to Lewis Moore, $100.00 of which was not covered by insurance; and Whereas, the accident occurred through no fault or negligence whatever on the part of James or Lewis Moore, it is only just and proper that Lewis Moore be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $100.00 to Lewis Moore, as compensation for his damages set out above. Said sum shall be paid from the funds appropriated to or available to the State Highway Department. Said payment shall be in full and final satisfaction for any and all claims against the State arising out of the aforesaid accident. Approved April 12, 1963. COMPENSATION TO MARIETTA TRANSPORT COMPANY, INC. No. 89 (House Resolution No. 156-427). A Resolution. To compensate Marietta Transport Company, Inc.; and for other purposes. Whereas, on January 21, 1963, at approximately 8:00 a. m. an asphalt tank truck belonging to Marietta Transport Company, Inc. was delivering a load of CBAE-3 to the Cartersville plant of the State Highway Department of Georgia; and Whereas, Jim Carson, an employee of the State Highway Department, was preparing to connect the hose from the asphalt tank truck to the State tank; and

Page 3351

Whereas, Jim Carson dipped a rag into kerosene, lit it by a fire and placed the burning rag on the ice of the metal hose to melt it; and Whereas, this caused an explosion that blew the State tank out and set the asphalt tank truck on fire; and Whereas, the fire completely destroyed the asphalt tank truck belonging to Marietta Transport Company, Inc.; and Whereas, the truck had a fair market value of $4,600.00 before the explosion and fire, and only $50.00 thereafter; and Whereas, the tank had a fair market value of $6,650.00 before the explosion and fire and only $150.00 thereafter; and Whereas, Marietta Transport Company, Inc. has sustained an actual loss of $11,050.00 as a result of this accident; and Whereas, this accident was negligently caused by the employee of the State Highway Department in the performance of his duties; 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 of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $10,000.00 to Marietta Transport Company, Inc., as compensation for their damages as set out above. Said sum shall be paid from the funds appropriated to or available to the State Highway Department. Said payment shall be in full and final satisfaction of any and all claims against the State arising out of the aforesaid accident. Such payment is authorized and shall be made only if ownership of both the tank and truck is transferred to the State of Georgia upon payment of such amount. Approved April 12, 1963.

Page 3352

COMPENSATION TO CLAUBUS E. ADAMS. No. 91 (House Resolution No. 169-478). A Resolution. To compensate Claubus E. Adams; and for other purposes. Whereas, on February 15, 1963, at approximately 2:40 p. m. o'clock, Claubus E. Adams was operating his 1959 Pontiac automobile on highway 23, near the Chicopee Bridge, and was stopped in the traffic lane waiting for oncoming traffic to clear in order to make a left turn; and Whereas, a State Highway Department Truck (vehicle's license plate 62, Georgia State Truck 940) did strike Mr. Adams' car in the rear causing damage to the rear of the automobile in the amount of $141.75; and Whereas, there was no fault or negligence whatsoever on the part of Mr. Claubus E. Adams 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 Claubus E. Adams the sum of $141.75 as compensation for full settlement of the above accident. Said sum shall be paid from the funds appropriated to or available to said department. Approved April 12, 1963.

Page 3353

COMPENSATION TO ROBERT L. NORQUIST. No. 93 (House Resolution No. 186-535). A Resolution. To compensate Robert L. Norquist; and for other purposes. Whereas, on August 4, 1961, Robert L. Norquist was operating a 1961 Chevrolet sedan north along Pine Street in Jesup, Wayne County, Georgia; and Whereas, that when said 1961 Chevrolet sedan reached the intersection of said Pine Street and U. S. Highway No. 301, that said R. L. Norquist gave a signal for the left turn and had just started turning said automobile to the left when a 1961 Pontiac coach, operated by a member of the Department of Public Safety, collided into the rear of said Chevrolet sedan, severly damaging same; and Whereas, the owner of said automobile was the General Management Corp. and Mr. Norquist had borrowed said automobile for a trip; and Whereas, said automobile was damaged in the amount of $851.68 and General Management Corp. was reimbursed by insurance in the sum of $601.68 and Mr. Norquist had to reimburse said General Management Corp. in the sum of $250.00 because of said damages; and Whereas, as a result of said accident, R. L. Norquist has suffered the following damages: for reimbursement to General Management Corp. for repair to 1961 Chevrolet automobile, $250.00; luggage destroyed, $64.30; one Polaroid Camera destroyed, $69.95; Department of Public Safety of Georgia for accident report to present with this Resolution, $1.50; a total of $385.75; and Whereas, it would be unjust for Mr. Norquist to suffer any damages as a result of said accident and it is only

Page 3354

just and proper that he be reimbursed for the damages that he has suffered as a result of said accident; and Whereas, said accident occurred through no fault or negligence on the part of Mr. Norquist. 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 Robert L. Norquest the sum of $250.00 as compensation for the losses and damages as herein above ennumerated. Said sum shall be paid from the funds appropriated to and available to said department. The payment of said sum shall be in full and final satisfaction of any and all claims resulting from the facts and conclusions set forth and alleged in this Resolution. Said sum shall be payable from the funds appropriated to or available to the Department of Public Safety. Approved April 12, 1963. COMPENSATION BOWLES TILLINGHAST, INC. No. 94 (House Resolution No. 190-565). A Resolution. To provide compensation for Bowles Tillinghast, Inc., actuaries and employee benefit plan consultants for services rendered for the Interin Legislative Committee to study matters relating to the retirement of employees of the Department of Public Safety created by Resolution at the 1962 session of the General Assembly; and for other purposes. Whereas, pursuant to H. R. No. 683 adopted at the 1962 session of the General Assembly of Georgia, an Interim Legislative Committee was created to study the advisability and need of amending the provisions of the Employees'

Page 3355

Retirement System of Georgia insofar as the same related to the members and employees of the Department of Public Safety; and Whereas, during the course of their study and investigation the Committee engaged the professional services of Bowles Tillinghast, Inc., actuaries and employee benefit plan consultants to assist them in certain phases of said study and investigation; and Whereas, the services of said consultants were necessary to furnish the Committee with professional advice and to prepare designs of plans incorporating the objectives of the Committee as to amount of benefits and retirement age and also to determine liabilities under the plans and contributions necessary on behalf of the participants to support plans studied by the Committee; and Whereas, Bowles Tillinghast, Inc., has submitted a bill to said Committee in the amount of $865.00; and Whereas, it has been determined by the General Assem that said bill is due and unpaid; Now, therefore, be it resolved by the General Assembly of Georgia that Bowles Tillinghast, Inc., actuaries and employee benefit plan consultants located at 615 Peachtree Street, N. E., Atlanta 8, Georgia be compensated in the amount of $865.00 for services rendered to the Interim Legislative Committee created pursuant to the provisions of H. R. No. 683 adopted at the 1962 session of the General Assembly of Georgia created to study matters relating to the retirement of employees of the Department of Public Safety. The sum herein authorized shall be paid from the funds appropriated to or available to the Legislative Branch of Government. Approved April 12, 1963.

Page 3356

ACT PROVIDING PENSIONS FOR MEMBERS OF FIRE DEPARTMENTS IN CITIES HAVING A POPULATION OF MORE THAN 150,000 AMENDED. No. 429 (House Bill No. 32). An Act to amend the Act approved August 13, 1924 (Ga. L. 1924, pp. 167-173) and the several Acts amendatory thereof, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 by the United States Census of 1920, and any subsequent census, so as to provide for definitions; to provide that if any such city shall cease to have a treasurer or does not have a treasurer, the mayor of such city shall appoint annually one member of the aldermanic board of such city as a member of the board of trustees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia that the Act set forth in the caption to this Act be further amended as follows: Section 1. Mayor shall be deemed to include the chief executive officer of any city coming within the provisions of this Act. City Comptroller shall include any officer by whatever title designated who performs the duties in whole or in part of a city comptroller. Aldermanic Board shall include the legislative body of any such city. Board of Education shall include any board or body performing the duties usually assigned to a board of education. Definitions. Section 2. That section 2 of an Act approved December 14, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2305) be and the same is hereby repealed and the following is enacted in lieu thereof: Be it further enacted that there is hereby established to serve without pay a board of trustees whose duty it shall be to manage said fund which shall be kept as a separate fund. The board of trustees shall consist of the mayor, the city comptroller, one member of the aldermanic board, to

Page 3357

be appointed annually by the mayor, and two members of the fire department to be elected annually by the members of said department in active service at the date of their election. Board of trustees. Section 3. That Section 1 of an Act approved December 14, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2305) which is as follows: In the event that any such city shall cease to have a treasurer or does not have one, the president of the aldermanic board or such other officer as may be authorized to preside over the legislative body, shall be a member of said board of trustees and, as such, shall have all the duties, powers and authority as a member of such board as the treasurer., Section of 1953 Act repealed. be and the same is hereby repealed. Section 4. Be it further enacted that the first sentence of section 2 of an Act approved April 5, 1961 (Ga. L. 1961, p. 3373) which said Act is an amendment to the Act set forth in the caption to this Act be and the same is hereby repealed, said first sentence is as follows: In addition to the fund derived from deductions from salaries and wages as required by the terms of this Act, as amended, or as may hereafter be amended, it shall be the duty of the governing authorities of such cities to appropriate and pay into the pension fund established by this Act an amount which shall equal the total amount of deductions from the salaries and wages paid to such members of such fire departments. Said section as amended by this amendment shall read as follows: Should said fund at any time be insufficient to meet and pay the pensions due to such members, such governing authorities shall appropriate from current funds other than funds derived from ad valorem taxation sufficient

Page 3358

amounts to make up the deficiency as it relates to such members. Payment of pensions. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Approved April 12, 1963. JESUP-WAYNE COUNTY AIRPORT AUTHORITY. No. 431 (House Bill No. 90). An Act to create and establish the Jesup-Wayne County Airport Authority and to authorize such Authority to acquire, construct, equip, maintain, operate, own and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertaking, and to acquire the necessary property therefor, both real and personal, and to lease and sell any and all such facilities including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation; to authorize the Authority to contract with others pertaining to airports and landing fields for the use of aircraft and to execute leases of such facilities and to do all things deemed necessary or convenient for the operation of such undertaking; to authorize the issuance of revenue bonds or obligations of the Authority; payable from the revenues, tolls, fees, charges and earnings of the Authority; including but not limited to earnings derived from leases and the use of the facilities, and to pay the costs of such undertakings and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations or to secure the payment thereof and to define the rights of the holders of such bonds; to provide that no debts of the City of Jesup or the County of Wayne shall be incurred in the exercise of any powers granted by this Act;

Page 3359

to make the bonds or obligations of the Authority exempt from taxation; to grant the Authority the right of eminent domain and empower it to condemn property of every kind; to authorize the issuance refunding bonds or obligations; to provide that such bonds or obligations be validated as authorized by the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et seq., as amended); to provide that the City of Jesup shall have jurisdiction over the real property of the Authority; to provide for the separate enactment of each provision of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title This Act may be cited as the Jesup-Wayne County Airport Authority Act. Section 2. Jesup-Wayne County Airport Authority There is hereby created a body corporate and politic to be known as the Jesup-Wayne County Airport Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under the trust indenture herein provided for shall in no event be liable for any torts committed by any of the officers, agents and employees of the Authority. The Authority shall have perpetual existence. Section 3. Membership The Jesup-Wayne County Airport Authority shall be composed of five members who shall be appointed jointly by the Commissioners of Roads and Revenues of Wayne County and the Board of Commissioners for the City of Jesup. Within thirty days after the approval of this Act, it shall be the duty of the Commissioners of Roads and Revenues of Wayne County and the Board of Commissioners for the City of Jesup to appoint the membership of the Authority, three of whom shall be appointed

Page 3360

for a term of four years, ending December 31, 1966, and two of whom shall be appointed for a term of two years, ending December 31, 1964. All subsequent appointments shall be for a term of four years, and until their successors shall have been duly appointed. No person shall be appointed to membership on the Authority unless he or she is a free-holder in Wayne County and has the same qualifications as are required for a person to vote in Wayne County, Georgia. Section 4. Meetings The Authority shall hold their first regular meeting after the approval of this Act, and the first regular meeting of each year thereafter shall be in January. The Authority shall meet at such times as may be necessary to transact the business coming before it, but not less than quarterly. At its first meeting in January of each year thereafter, the Authority shall elect one of its members as its Chairman and another member as Secretary-Treasurer. Only one person shall hold the office of Secretary-Treasurer. These officers shall be elected for a term ending on December 31st of the year in which they were elected or until their successors are elected and qualified. Three members of the Authority shall constitute a quorum for the transaction of all business coming before it. The members of the Authority shall serve without pay except that they shall be reimbursed for actual expenses incurred in the performance of their duties. Section 5. Vacancies in Office In the event of a vacancy on the Authority by reason of death, resignation or otherwise, the vacancy shall be filled by the appointing authority and the person so appointed shall serve for the remainder of the unexpired term. Section 6. Definitions As used in this Act the following words and terms have the following meanings: (a) The word Authority shall mean the Jesup-Wayne County Airport Authority as created by the provisions of this Act. (b) The word project shall be deemed to mean and

Page 3361

include the acquisition, construction, equipping, maintenance, improving and operation of public airports and landing fields for the use of aircraft, and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property, both real and personal, and the lease and sale of any part or all such facilities, including real and personal property so as to assure the efficient and proper development, maintenance and operation of such airports, and landing fields for the use of aircraft deemed by the Authority to be necessary, convenient or desirable. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery, equipment, financing charges, interest prior to and during construction, cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and improving the same, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Authority including the proceeds of any Revenue Bonds issued under the provisions of this Act for any such project or projects. (d) The terms revenue bonds, bonds, and obligations as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. Laws 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et seq., as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition shall also mean obligations of the Authority the issuance of which are hereinafter authorized in this Act. (e) Any project shall be deemed self-liquidating if, in

Page 3362

the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 7. Powers The Authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease, dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power and right of eminent domain, which is hereby granted, by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchise necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contract with respect to the use of or disposition of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceeding to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance; (d) To appoint, select and employ, officers, agents and

Page 3363

employees including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To make contracts, leases and to execute all instruments necessary or convenient including contracts for construction of projects or leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions, or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they may deem advisable; the said Authority is further granted the authority to make contracts, leases and to execute all instruments necessary or convenient with the United States Government or any agency or department thereof concerning the projects of the Authority, subject to the rights and interests of the holder of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in Section 21 of this Act; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (g) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the United States of America or such agency or instrumentality or other source may impose; (h) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from

Page 3364

the State of Georgia or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision or any other source, may impose; (i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; (k) The Authority and the trustee acting under the trust indenture, are specifically authorized subject from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in Section 2 and Section 21 hereof; (l) To do all things necessary or convenient to carry out the powers especially given in this Act. Section 8. Revenue Bonds The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates as may be authorized by the Authority from time to time, shall be payable semi-annually, shall

Page 3365

mature at such time or times not exceeding thirty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1937, p. 36 et seq.) amending the Law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq., as amended), and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereof. Section 9. Same; Form; Denominations; Registration; Place of Payment The Authority shall determine the form of the bonds and the place or places of payment of principal thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 10. Same; Signatures; Seal In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and attested by the Secretary-Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary-Treasurer of the Authority. Any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such

Page 3366

bonds shall be duly authorized or hold the proper office, although at the date of delivery and payment of such bonds such persons may not have been so authorized or shall not have held such office. Section 11. Same; Negotiability; Exemption from Taxation All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instrument law of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds, their transfer, and the income thereof shall be exempt from all taxation within the State. Section 12. Same; Sale; Price The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority, but no such sale shall be made at a price less than par as provided in the Revenue Bond Law, unless said Revenue Bond Law be hereafter amended to permit the sale of such bonds at less than par. Section 13. Same; Proceeds of Bonds The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit for the cost of the project or projects, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purposes. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into a sinking fund or used for additional construction as may be provided in the resolution authorizing the issuance of the bonds or in the trust indenture. Section 14 . Same; Interim Receipts and Certificates or

Page 3367

Temporary BondsPrior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 15. Same; Replacement of Lost or Mutilated Bonds The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 16. Conditions Precedent to Issuance; Object of Issuance Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of the quorum as in this Act provided. Section 17. Credit not Pledged Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Wayne County, or any municipality therein, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not be directly, indirectly or contingently obligate the said county, or any municipality therein, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Section 18. Same; Trust Indenture as Security In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company

Page 3368

within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 19. Same; to Whom Proceeds of Bonds Shall Be Paid The Authority shall, in the resolution providing for

Page 3369

the issuance of revenue bonds or in trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolutions or trust indentures may provide. Section 20. Same; Sinking Fund The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agent or agents for paying interest and principal and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.

Page 3370

Section 21. Same; Remedies of Bondholders Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 22. Same; Refunding Bonds The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 23. Same; Validation Bonds of the Authority shall be confirmed and validated in accordance with the procedure of said Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality, shall be required to show cause, if any, why such contract or contracts and the terms and

Page 3371

conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality of the United States Government, if a party to the validation proceedings, contracting with the said Jesup-Wayne County Airport Authority. Section 24. Same; Venue and Jurisdiction Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Wayne County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 25. Same; Interest of Bondholders Protected While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or Authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 26. Monies Received Considered Trust Funds All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 27. Purpose of the Authority Without limiting

Page 3372

the generality of any provisions of the Act the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining, improving and operating airports and landing field for the use of aircraft, including any related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 28. Rates, Charges and Revenues; Use .The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or sub-leases of its lands or facilities, and in anticipation of the collection of the revenues and income of such undertakings or projects is authorized to issue revenue bonds as herein provided to finance in whole or in part, the cost of such project or projects and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects. Section 29. Rules and Regulations for Operation of Projects It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which airports and landing fields for the use of aircraft shall be furnished. Section 30. Powers Declared Supplemental and Additional The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.

Page 3373

Section 31. Liberal Construction of Act This Act being for the purpose of promoting the health, morals, and general welfare of the citizens of the United States, of the State of Georgia and of Wayne County, shall be liberally construed to effect the purposes hereof. Section 32. Jurisdiction All property, the title to which shall vest in said Authority shall be and become a part of the corporate limits of the City of Jesup and shall be subject to the jurisdiction of the City of Jesup in the same manner and subject to the police powers of the City of Jesup and the same laws, ordinances, rules and regulations as are now or may hereafter be in effect in the City of Jesup. Section 33. Effect of Partial Invalidity of Act The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 34. The effective date of this law shall be upon approval of same by the Governor. Effective date. Section 35. 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, James E. Warren, who, on oath, deposes and says that he is Representative from Wayne County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jesup Sentinel, which is the official organ of said county, on the following dates: December 27, 1962, January 3 and January 10, 1963. /s/ James E. Warren, Representative, Wayne County.

Page 3374

Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the 1963 session of the General Assembly of Georgia, which convenes on January 14, 1963, a bill to create and establish the Jesup-Wayne County Airport Authority; to provide for the membership of said Authority; to prescribe the duties and responsibilities of said Authority; and for other purposes. This 26th day of December, 1962. James E. Warren Representative, Wayne County, Georgia Wm. A. Zorn Senator, Sixth Senatorial District. Sworn to and subscribed before me this 21 day of January, 1963. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved April 12, 1963. CITY OF THOMASVILLECHARTER AMENDED. No. 432 (House Bill No. 111). An Act to amend the charter of the City of Thomasville as established by an Act of the General Assembly of Georgia, approved October 3, 1889, (Ga. L. 1888-89, pp. 854 to 864, inclusive) as amended by several subsequent Acts, so that said charter as amended will provide: that general election shall be held for the election of commissioners on the first Tuesday in December of each odd

Page 3375

calendar year; that henceforth the citizens elected to the board of commissioners shall be chosen to fill one of five distinct and designated posts; that there shall be five consecutively numbered posts to be filled, to-wit: posts numbered one, two, three, four and five; to provide that these posts shall be arbitrary designations and shall have no reference to political or geographical subdivisions of the city; to provide that each candidate shall indicate the post to which he seeks election; that at the general election held in the year 1963 there shall be chosen a candidate to fill each of the posts numbered one and two; that they shall be elected for a term of four years beginning January 1, 1964; and that at that general election there shall also be elected a candidate to fill post number five who shall be elected for a term of two years beginning January 1, 1964; that at the general election to be held in the year 1965 there shall be elected a candidate to fill each of the posts numbered three and four; that they shall be elected for a term of four years beginning January 1, 1966; and that at that general election there shall also be elected a candidate to fill post number five who shall be elected for a term of two years beginning January 1, 1966; to provide for the supervision and control of these elections, for the tabulation of votes, and for runoff elections; to provide the qualifications of voters at these general elections; to provide salaries to be received by the commissioners and the salary to be received by the commissioners and the salary to be received by the one of their number designated as mayor; to provide that the payment of such salaries shall begin on January 1, 1964; to provide that this Act shall in no wise change the existing charter or form of government of the City of Thomasville except as to the manner of election, the terms of office of the members of the board of commissioners to be elected, and the compensation to be received by the board of commissioners and the one designated as mayor; to provide the effective date of this Act; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same as follows:

Page 3376

That on and after the effective date of this Act the charter of the City of Thomasville as established by an Act of the General Assembly of the State of Georgia approved October 3, 1889 (Ga. L. 1888-89, pp. 854 to 864, inclusive), as amended by several subsequent Act, be and the same is hereby amended in the following particulars, to-wit: Section 1. By striking from said charter that portion thereof contained in section 2 of the Acts of 1958 (Ga. L. 1958, pp. 3391-3396) amending section 4 of the Acts of 1943 (Ga. L. 1943, pp. 1604-1605) and inserting in lieu thereof the following: Section 4: Be it further enacted that general elections shall be held for the election of commissioners on the first Tuesday in December of each odd calendar year; henceforth the citizens elected to the board of commissioners shall be chosen to fill one of five distinct and designated posts. There shall be five consecutively numbered posts to be filled, to-wit: post number one, two, three, four and five. These posts shall be arbitrary designations and shall have no reference to political or geographical subdivisions of the city. Each candidate at the time of requesting that his or her name be placed on the ballot shall plainly indicate the post to which he seeks election. At the general election held in the year 1963 there shall be chosen a candidate to fill each of the posts numbered one and two and they shall be elected for a term of four years, to begin on January 1, 1964 and to continue until their successors are elected and qualified, and there shall also be elected at the general election held in 1963 a candidate to fill post number five, who shall be elected for a term of two years beginning January 1, 1964 and to continue until his successor is elected and qualified. At the general election to be held in the year 1965 there shall be elected a candidate to fill each of the posts numbered three and four who shall be elected for a term of four years, to begin on January 1, 1966 and to continue until their successors are elected and qualified, and there shall also be elected at the general election held in 1965 a candidate to fill post number five, who shall be elected for a term of two years beginning January 1, 1966 and to continue until his successor is elected and qualified. Commissioners, terms, elections.

Page 3377

It is the purpose and intent of this Act that there shall always be five (5) commissioners duly elected to serve on said board; their elections, the post in which they serve, and the duration of their terms to be determined by a continuation of the pattern, as set out hereinabove, at each successive general election. Said elections shall be held under the supervision and control of the board of commissioners of said city and under the laws now of force for holding elections for members of the board of commissioners or formerly for mayor and aldermen for said city. The returns for said elections shall be made to said board of commissioners who shall declare the results thereof. Purpose. In the event that at these general elections no candidate shall receive a simple majority of the votes cast for persons seeking election to the same designated post, then and in that event, a new run-off election shall be called by the board of commissioners to be held on the second Tuesday in December immediately following the general election. At this election it shall be determined which of the two candidates receiving the highest number of votes, among those candidates seeking election to the same designated posts shall be elected to serve in such posts. In the event that a run-off election should result in a tie vote, a new election shall be called by the board of commissioners to determine which of these candidates shall be elected. Majority vote. All citizens of the City of Thomasville who have registered and have been qualified as registered voters of said City of Thomasville in accordance with the Act of the General Assembly of the State of Georgia for 1931, page 992 et seq. shall be eligible to vote in such general elections. Provided: that, all such elections shall be held at one voting precinct at the city hall in said city, at which all voters therein shall cast their ballots. Registered voters. Section 2. By striking from said charter that portion contained thereof in section 7 of the Acts of 1943 (Ga. L. 1943, pp. 1605), as amended, and inserting in lieu thereof the following: Section 7. Be it further enacted that up to and until

Page 3378

the 31st day of December, 1963 the said mayor and each of said commissioners shall receive a salary of one hundred dollars ($100) per annum, payable semi-annually out of the treasury of said city; thereafter, each of the said board of commissioners shall receive the sum of one hundred dollars ($100) per month, payable monthly, and the one of their number chosen to act as mayor shall receive the sum of one hundred and twenty-five dollars ($125) per month, payable monthly, out of the treasury of the city. Salaries. Section 3. Be it further enacted that nothing contained in this Act shall affect the term of office of the present board of commissioners of the City of Thomasville or any other officer of the City of Thomasville now serving as such, or any officer of the City of Thomasville elected at the general election of the City of Thomasville held on the third Tuesday in December, 1961. Present commissioners. Section 4. Be it further enacted that it is the intent and purpose of this Act that it shall in no wise change the existing charter or form of government of the City of Thomasville, except as to the manner of election, terms of office of the members of the board of commissioners to be elected after the effective date of this Act, and the compensation to be received by the mayor and commissioners after December 31, 1963. Intent. Section 5. Be it further enacted that this Act shall become effective immediately upon and after its passage. Effective date. Section 6. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 7. Be it further enacted that the following notice of local legislation with the affidavit of publisher as to publication are incorporated herein and made a part hereof: Georgia, Thomas County. Personally appeared before me, the undersigned attesting officer, Lee E. Kelly, who, on oath, deposes and says that he is the general manager of the Times Enterprise Company;

Page 3379

that the Times Enterprise Company is the publisher of the Thomasville Times Enterprise Weekly Edition; and that the Thomasville Times Enterprise Weekly Edition is the newspaper in which sheriff's advertisements for Thomas County, Georgia are published. Further deposing, he says that the Notice of Local Legislation, attached below this certificate, was published in the Thomasville Times Enterprise Weekly Edition on the fourth (4th), eleventh (11th), and eighteenth (18th) days of January, 1963. This the 22nd day of January, 1963. /s/ Lee E. Kelly, General Manager. Sworn to and subscribed before me, this 22nd day of January, 1963. /s/ B. B. Earle, Jr., Notary Public, Thomas County, Georgia. My Commission Expires October 23, 1966. (Seal). Notice of Local Legislation. Notice is hereby given to whom it may concern that after three (3) weeks' publication of this notice, and within sixty (60) days hereof, there will be introduced for passage by the Legislature of Georgia a bill with the title and caption as follows: An Act to amend the charter of the City of Thomasville as established by an Act of the General Assembly of Georgia, approved October 3, 1889, (Ga. L. 1888-89, pp. 854 to 864, inclusive) as amended by several subsequent Acts so that said charter as amended will provide: that general elections shall be held for the election of commissioners on the first Tuesday in December of each odd calendar year; that henceforth the citizens elected to the board of commissioners shall be chosen to fill one of five distinct and designated posts; that there shall be five consecutively numbered posts to be filled, to-wit: posts numbered one,

Page 3380

two, three, four and five; to provide that these posts shall be arbitrary designations and shall have no reference to political or geographical subdivisions of the city; to provide that each candidate shall indicate the post to which he seeks election; that at the general election held in the year 1963 there shall be chosen a candidate to fill each of the posts numbered one and two; that they shall be elected for a term of four years beginning January 1, 1964; and that at that general election there shall also be elected a candidate to fill post number five who shall be elected for a term of two years beginning January 1, 1964; that at the general election to be held in the year 1965 there shall be elected a candidate to fill each of the posts numbered three and four; that they shall be elected for a term of four years beginning January 1, 1966; and that at that general election there shall also be elected a candidate to fill post number five who shall be elected for a term of two years beginning January 1, 1966; to provide for the supervision and control of these elections, for the tabulation of votes, and for run-off elections; to provide the qualifications of voters at these general elections; to provide salaries to be received by the commissioners and the salary to be received by the one of their number designated as mayor; to provide that the payment of such salaries shall begin on January 1, 1964; to provide that this Act shall in no wise change the existing charter or form of government of the City of Thomasville except as to the manner of election, the terms of office of the members of the board of commissioners to be elected, and the compensation to be received by the board of commissioners and the one designated as mayor; to provide the effective date of this Act; and for other purposes. This 2nd day of January, 1963. Board of Commissioners, City of Thomasville. Notice of Local Legislation. Notice is hereby given to whom it may concern that after three (3) weeks' publication of this notice, and within sixty

Page 3381

(60) days hereof, there will be introduced for passage by the Legislature of Georgia a bill with the title and caption as follows: An Act to amend the charter of the City of Thomasville as established by an Act of the General Assembly of Georgia, approved October 3, 1889, (Ga. L. 1888-89, pp. 854 to 864, inclusive) as amended by several subsequent Acts, so that said charter as amended will provide: that general elections shall be held for the election of commissioners on the first Tuesday in December of each odd calendar year; that henceforth the citizens elected to the board of commissioners shall be chosen to fill one of five distinct and designated posts; that there shall be five consecutively numbered posts to be filled, to-wit: posts numbered one, two, three, four and five; to provide that these posts shall be arbitrary designations and shall have no reference to political or geographical subdivisions of the city; to provide that each candidate shall indicate the post to which he seeks election; that at the general election held in the year 1963 there shall be chosen a candidate to fill each of the posts numbered one and two, that they shall be elected for a term of four years beginning January 1, 1964; and that at that general election there shall also be elected a candidate to fill post number five who shall be elected for a term of two years beginning January 1, 1964; that at the general election to be held in the year 1965 there shall be elected a candidate to fill each of the posts numbered three and four; that they shall be elected for a term of four years beginning January 1, 1966; and that at that general election there shall also be elected a candidate to fill post number five who shall be elected for a term of two years beginning January 1, 1966; to provide for the supervision and control of these elections, for the tabulation of votes, an for run-off elections; to provide for the qualifications of voters at these general elections; to provide salaries to be received by the commissioners and the salary to be received by the one of their number designated as mayor; to provide that the payment of such salaries shall begin on January 1, 1964; to provide that this Act shall in no wise change the existing charter or form of government of the City of Thomasville except as to the manner of election,

Page 3382

the terms of office of the members of the board of commissioners to be elected, and the compensation to be received by the board of commissioners and the one designated as mayor; to provide the effective date of this Act; and for other purposes. This 2nd day of January, 1963. Board of Commissioners, City of Thomasville. B. B. Earle, Jr. Atty. for City. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Keyton, who, on oath, deposes and says that he is Representative from Thomas County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomasville Times Enterprise Weekly, which is the official organ of said county, on the following dates: Jan. 4, 11 18, 1963. /s/ James W. Keyton, Representative, Thomas County. Sworn to and subscribed before me this 23rd day of January, 1963. /s/ Frank E. Blankenship, Notary Public, Georgia State at Large My Commission Expires July 15, 1966. (Seal). Approved April 12, 1963.

Page 3383

CITY OF SAVANNAHCORPORATE LIMITS. No. 434 (House Bill No. 143). An Act to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, to extend the corporate limits of the city of Savannah and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that: Section 1. From and after the passage of this Act the municipal corporation designated as The Mayor and Aldermen of the City of Savannah shall be extended to include the following: All of that portion of Bacon Park lying to the south of Intermediate Road so that the corporate limits of The City of Savannah shall include all of Bacon Park. Section 2. If any provision of this law is held invalid, such invalidity shall not affect any other provision of this Act which can be given effect without the invalid provision and, to this extent, the provisions of this law are declared to be severable. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Lloyd G. Eder who on oath deposes and says that he is vice president and general manager 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 he is authorized to execute instruments and

Page 3384

make affidavits on behalf of said Publisher Corporation and to do all such acts for said corporation, that the following has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of January 5, 12, 19. /s/ Lloyd G. Eder Sworn to and subscribed before me, this 21st day of January, 1963. /s/ Robbin Jo Miller Notary Public, Chatham County, Ga. (Seal). Notice of Intention to Apply for Local Legislation. State of Georgia, County of Chatham. Notice is hereby given of the Intention to apply for local legislation to amend the several Acts constituting the Charter of the Mayor and Aldermen of the City of Savannah to change and extend the corporate limits; to provide a method of financing paving and improving the public streets and ways of said city and to authorize the assessment of the cost of such paving and improvement against the abutting real estate; to otherwise amend the laws constituting the Charter of the Mayor and Aldermen of the City of Savannah and for other purposes. Approved April 12, 1963. CITY OF DALTONCORPORATE LIMITS. No. 437 (House Bill No. 185). An Act to amend an Act amending the charter of the City of Dalton approved January 30, 1946, establishing the corporate limits of the City of Dalton and Acts amendatory of said charter by incorporating in said city parts of land lots nos. 179, 222, 241, 313, and 314 in the 12th district and 3rd section of Whitfield County, Georgia.

Page 3385

Be it enacted by the General Assembly of Georgia: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that the Act amending the charter of the City of Dalton approved January 30, 1946, and subsequent to its passage ratified by the voters of The City of Dalton in an election duly called for the purpose of voting on said Act; and amended by an Act of the General Assembly of Georgia approved March 17, 1960, amending the charter of the City of Dalton, and further amended by an Act of the General Assembly of Georgia approved March 8, 1961, amending the charter of the City of Dalton, and said charter be, and the same is hereby amended as follows: Section 1. That from and after the passage of this Act there be annexed to and incorporated in the corporate limits of the City of Dalton all of the land located in land lots nos. 313 and 314 in the 12th district and 3rd section of Whitfield County, Georgia, within the following described boundaries: Beginning at the south west corner of land lot no. 314 at the corporate limits of the City of Dalton and running north 00 degrees 02 minutes west 1094.5 feet to a point; thence west 610.4 feet to a point; thence south 08 degrees 45 minutes west 125.4 feet to a point; thence south 21 degrees 45 minutes west 154.1 feet to a point; thence north 78 degrees 20 minutes west 570.3 feet to a point; thence north 13 degrees 05 minutes east 500.00 feet to a point; thence south 67 degrees 15 minutes east 174.6 feet to a point; thence east 970 feet to a point; thence north 00 degrees 02 minutes west 1299.3 feet to a point; thence south 89 degrees 27 minutes east 908 feet to the corporate limits of the City of Dalton. Section 2. That from and after the passage of this Act there be annexed to and incorporated in the corporate limits of the City of Dalton all of the land located in land lot no. 222 in the 12th district and 3rd section of Whitfield County, Georgia within the following described boundaries: Beginning at a point on the corporate limits of the City

Page 3386

of Dalton 229.8 feet west of the intersection of the present corporate limits and Tibbs Road; thence north 10 degrees 40 minutes west to a point, for 98.8 feet; thence north 57 degrees 55 minutes west a distance of 224 feet to a point; thence 30 feet across a public road to a point; thence following the center line of McLellan Creek a distance of 300 feet, more or less, to a point; thence east 283.6 feet to a point on the west side of Tibbs Road; thence south 01 degrees 30 minutes west a distance of 150 feet to a point; thence south 39 feet across a public road; thence south 10 degrees 30 minutes east a distance of 204 feet to a point; thence south 16 degrees 00 minutes east a distance of 105 feet to the corporate limits of the City of Dalton. Section 3. That from and after the passage of this Act there be annexed to and incorporated in the corporate limits of the City of Dalton all of the land located in land lot no. 170 in the 12th district and 3rd Section of Whitfield County, Georgia, within the following described boundaries. Beginning at a point on the east side of Frazier Drive in land lot no. 179 in the 12th district, 3rd section, Whitfield County, Georgia, where the corporate limits of the City of Dalton intersects with said street, thence northward with a line drawn along the east side of Frazier Drive to the north line of land lot no. 179, thence westward with said land lot line to the corporate limits of the City of Dalton. Section 4. That from and after the passage of this Act there be annexed to and incorporated in the corporate limits of the City of Dalton all of the land located in land lot no. 241 in the 12th district and 3rd section of Whitfield County, Georgia, within the following described boundaries: Beginning at a point on the north side of Bryon Street in land lot no. 241 in the 12th district, 3rd section, Whitfield County, Georgia, where the corporate limits of the City of Dalton intersects with said street, thence eastward with a line drawn along the north side of said streets to a point 150 feet east of the east side of Lester Avenue, thence northward with a line drawn parallel with the east side of

Page 3387

Lester Avenue to the south side of Murray Avenue, thence westward with a line drawn along the south side of Murray Avenue to the present corporate limits of the City of Dalton. Section 5. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Notice of Local Legislation. Notice is hereby given that at the present January, 1963, term of the General Assembly of Georgia, there will be introduced a bill extending the corporate limits of the City of Dalton, so as to include within said city certain parts of land lots nos. 179, 222, 241, 313, and 314 in the 12th district and 3rd section of Whitfield County, Georgia. /s/ Thomas Mitchell Representative, Whitfield County, Georgia Seat No. 1 /s/ Virgil T. Smith Representative, Whitfield County Georgia, Seat No. 2 Georgia, Whitfield County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas Mitchell and Virgil T. Smith, who, on oath, depose and say that they are representatives of Whitfield County, Georgia, in the General Assembly of Georgia, and that the attached copy of notice of intention to introduce local legislation was published in The Dalton Daily News, which is the official organ of said County, on the following dates, January 11, 1963, January 18, 1963, and January 25, 1963. /s/ Virgil T. Smith /s/ Thomas M. Mitchell

Page 3388

Sworn to and subscribed before me, this the 11th day of February, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires March 17, 1963. (Seal). Approved April 12, 1963. CITY OF ATLANTACORPORATE LIMITS. No. 441 (House Bill No. 196). 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 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. That the corporate limits of the city of Atlanta be enlarged and extended so as to include and embrace

Page 3389

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 lot 202 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, said point being located on the north line of land lot 201, 17th district, Fulton County, four hundred twenty (420) feet, more or less, west of the northeast corner of said land lot 201, said point also being located at the southeast corner of the property known as no. 1250 West Garmon Road, according to the house numbering system of Fulton County, Georgia; running thence west along the present limits of the City of Atlanta five hundred eighty six and nine tenths 586.9) feet to a point; thence northeasterly four hundred seventy three and four tenths (473.4) feet and five hundred twenty five and three tenths (525.3) feet, respectively, to the southerly side of West Garmon Road; thence northeasterly and southeasterly along the southerly side of West Garmon Road six hundred (600) feet to a point; thence southwesterly six hundred seventy-eight and six tenths (678.6) feet 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 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 coextensive with the limits as extended by this Act; and all other rights, and powers necessary to carry out and enforce the laws and ordinances governing 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

Page 3390

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, 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 1963 session of the General Assembly of Georgia, which convenes on Monday, January 14, 1963, 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, 1962. J. C. Savage, City Attorney City of Atlanta

Page 3391

This 17 day of January, 1963. /s/ Ralph McClelland Sworn to and subscribed before me, this the 17th day of January, 1963. /s/ Fanny Lee Garrett Notary Public, State at Large. My Commission expires Sept. 24, 1965. (Seal). Approved April 12, 1963. CITY OF ATLANTACORPORATE LIMITS. No. 442 (House Bill No. 198). 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 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, accompained 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.

Page 3392

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 lot 137, 17th district, Fulton County, Georgia, and being more particularly described as follows: Beginning at a point on the present city limits of Atlanta, said point being where the north line of land lot 138 of the 17th district of Fulton County, Georgia intersects the west side of Powers Ferry Road; running thence westerly along the present limits of the City of Atlanta two thousand four hundred eighty-three (2483) feet, more or less, to the southwest corner of lot 4, unit 1, East Conway Hills subdivision; thence northwesterly three hundred forty three and eight tenths (343.8) feet to the northwest corner of lot 3 of said unit 1, East Conway Hills subdivision; thence northeasterly seven hundred twenty-three (723) feet to a point; thence westerly one hundred fifty five (155) feet to a point; thence northerly four hundred ninety (490) feet to a point; thence easterly one hundred (100) feet to a point; thence northerly two hundred seventy eight and five tenths (278.5) feet to a point; thence northwesterly one hundred forty seven and two tenths (147.2) feet to a point; thence southwesterly twenty five (25) feet to a point; thence northwesterly two hundred forty (240) feet and two hundred three and eight tenths (203.8) feet, respectively, to the south side of lot 5, block B, Millbrook subdivision, recorded in plat book 69, page 80, Clerk, Fulton County Superior Court; thence southwesterly one hundred two and three tenths (102.3) feet to a point; thence northerly five hundred fifty five and five tenths (555.5) feet, more or less, to the southerly side of Mt. Paran Road; thence easterly and northeasterly along Mt. Paran Road five hundred (500) feet, more or less, to the northeasterly corner of lot 16, block D, Millbrook subdivision, recorded in plat book 69, page 80, Clerk, Fulton County Superior Court; thence southeasterly fourteen hundred thirty-five (1435) feet, more or less, to the southeast corner of lot 6, block D, of said Millbrook subdivision, page 57, plat book

Page 3393

44; thence easterly one hundred ninety eighty (198) feet, more or less, to the northwest corner of lot 8, East Conway Hills subdivision; thence southerly one hundred forty three and eight tenths (143.8) feet to a point; thence southeasterly along the easterly line of lot 5, East Conway Hills subdivision, plat book 54, page 34, two hundred seventy nine and nine tenths (279.9) feet to the northwesterly side of East Conway Road; thence southeasterly across East Conway Road sixty (60) feet, more or less, to the northwesterly corner of Lot 21 of Eppington Forrest subdivision, recorded in plat book 69, page 74, Clerk, Fulton Superior Court; thence northeasterly along East Conway Road fifteen and six tenths (15.6) feet to a point; thence easterly three hundred (300) feet to a point; thence southerly six hundred fifty five (655) feet, more or less, to the northwest corner of lot 14 of said Eppington Forrest subdivision; thence easterly five hundred sixty-seven and nine tenths (567.9) feet to the west side of Powers Ferry Road; thence south along the west side of Powers Ferry Road four hundred and fifty (450) feet 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 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 coextensive with the limits as extended by this Act; and all other rights, and powers necessary to carry out and enforce the laws and ordinances governing 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

Page 3394

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, 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 1963 session of the General Assembly of Georgia, which convenes on Monday, January 14, 1963, 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, 1962. J. C. Savage, City Attorney City of Atlanta This 17 day of January, 1963. /s/ Ralph McClelland

Page 3395

Sworn to and subscribed before me, this the 17 day of January, 1963. /s/ Fanny Lee Garrett Notary Public, State at Large. My Commission expires Sept. 24, 1965. (Seal). Approved April 12, 1963. SMALL CLAIMS COURTS CREATED IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 16,500 AND NOT MORE THAN 16,700. No. 444 (House Bill No. 228). An Act to establish a Small Claims Court in Counties in this State having a population of not less than 16,500 and not more than 16,700, according to the U. S. Census of 1960 or any such future census; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such court; to prescribe the jurisdiction, practice, pleading and procedure therein; to provide for a clerk and his remuneration; 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 and established in each county in this State having a population of not less than 16,500 and not more than 16,700, according to the U. S. Census of 1960 or any such future census, a court to be 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 $750.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties. Said jurisdiction shall include the power to issue writs of garnishment and attachment, and in addition to the powers herein specifically granted shall include

Page 3396

like powers granted to justices of the peace by the laws of the State of Georgia. Created jurisdiction. Section 2. The Governor shall appoint a citizen of any such county who shall be an attorney at law to be judge of any such court for a four-year term beginning from the time of his appointment. Thereafter all subsequent appointees shall also be attorneys at law. Judge. Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatsoever appertaining to his office, the judge of the superior court of the county, or any judge of a city court located in said county, on application of any party, or the judge of the Small Claims Court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to so act. Substitute judge. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge; although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. Clerk. Section 5. All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Judge's compensation. Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. 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

Page 3397

sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by any official or person authorized by law to serve process in superior courts; or by registered mail with return receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge of the court for that purpose. (b) When notice is to be served by registered mail, the clerk shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant, at his last known address, prepay the postage from the filing fee hereinafter provided for, mail the same forthwith, noting on the record the day and hour of mailing. If such receipt is returned, the clerk shall attach the same to the original statement of claim, and it shall be prima facie evidence of service upon the defendant. (c) When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, the 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 the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Docket.

Page 3398

Section 8. The plaintiff, when he files his claim, shall deposit with the court the sum of five dollars ($5.00), which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay accrued cost, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court cost, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Costs. Section 9. (a) On the day set for the hearing, or such latter time as the judge may provide, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. Pretrial. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. Trial. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Procedure. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Setoff.

Page 3399

Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Judgment. Section 12. The judge of the superior court presiding in any such county may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purpose of this Act and shall have the power to prescribe modify and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes hereof. Rules. Section 13. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such reasonable sum as the judge may fix to secure payment of costs incurred by reason of a jury trial. The judge or clerk shall have the power to subpoena jurymen, and witnesses. Jury trials. Section 14. Judgments of small claims courts shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the superior court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Judgments. Section 15. Appeals may be had from judgments returned in a small claims court, to the superior court, and the same provisions now provided for by law for appeals from courts of ordinary to the superior court, shall be applicable to appeals from the small claims court to the superior court. Appeals.

Page 3400

Section 16. Until otherwise provided by rules of court the statement of claims, verification, and notice shall be in the following equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Pleadings. Small Claims Court Statement of Claim.

Page 3401

Notice.

Page 3402

Section 17. The judge appointed at the time this act becomes effective shall continue to serve until the expiration of his term of appointment and his successors shall be appointed by the then Governor of Georgia for succeeding terms of four years each, and until their successors are appointed and qualified. Process. Terms of judge. Section 18. All forms, docket books, file jackets, filing cabinets and the like, required by this Act shall be furnished by the county commissioners. Supplies. Section 19. The provisions of this Act shall become effective June 30, 1963. Effective date. Section 20. All laws or parts of laws in conflict herewith are hereby repealed. Approved April 12, 1963. CITY OF BOSTONCLERK AND TREASURER, REFERENDUM. No. 445 (House Bill No. 229). An Act to amend an Act creating and establishing a new charter for the City of Boston in the County of Thomas, and to declare the rights, powers and privileges of said City approved August 2, 1921 (Ga. L. 1921, p. 700), as amended by an Act approved August 18, 1923 (Ga. L. 1923, p. 503), so as to provide for a change in the election of the clerk and treasurer from an election by the qualified voters to an election by the mayor and council of the City of Boston; and to provide that said amendment shall be effective only after referendum to the qualified voters of the City of Boston. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a new Charter for the City of Boston in the County of Thomas,

Page 3403

and to declare the rights, powers and privileges of said City approved August 2, 1921 (Ga. L. 1921, p. 700), as amended by an Act approved August 18, 1923 (Ga. L. 1923, p. 503), is hereby amended by striking section 6 in its entirety and by substituting in lieu thereof a new section 6 to read as follows: Section 6. Be it further enacted by authority aforesaid that the City of Boston shall have a clerk and treasurer, which offices shall be consolidated and who shall be a qualified voter and a resident of the city for twelve months prior to his selection and appointment and who shall serve for one year or until his successor is duly selected and who shall give bond in a sum to be prescribed by the mayor and council approved by the mayor of said city. The mayor and council shall select and appoint the clerk and treasurer at its first meeting in any calendar year and said clerk and treasurer shall serve until the first meeting of the succeeding calendar year and until his successor is duly selected. In the event of a vacancy in said office for any reason during any calendar year the mayor and council shall select and appoint a replacement who shall serve until the first meeting of the mayor and council in the next succeeding calendar year and until his successor is duly selected and appointed, as aforesaid. Clerk and treasurer. Section 2. This amendment shall not be effective until the term of office of the presently elected and serving clerk and treasurer has expired on the second Monday in January, 1965. Section 3. After the approval of this Act by the Governor and at a special election to be held in the City of Boston, Georgia, on the 20th day of May, 1963, it shall be the duty of the City of Boston to submit this Act to the voters of the City of Boston for approval or rejection. The mayor and council of the City of Boston, Georgia, shall cause the date and purpose of this election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Thomas County. The ballot shall have printed thereon the words:

Page 3404

For approval of the Act to amend the charter of the City of Boston to provide for a selection of the clerk and treasurer by the mayor and council of the City instead of by election by the voters of the City of Boston. Against approval of the Act to amend the charter of the City of Boston to provide for a selection of the clerk and treasurer by the mayor and council of the city instead of by election by the voters of the City of Boston. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, then it shall be of full force and effect; however, if a majority of votes cast on such question are against, then it shall be void and of no force and effect. Those persons who are eligible to vote in any general election in the City of Boston shall be eligible to cast a ballot in this special election. It shall be the duty of the mayor and council of the City of Boston to canvass the returns and declare and certify the result of the election to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that the undersigned intends to apply for the passage of local legislation at the next 1963 session of the General Assembly of Georgia, the title of such bill to be as follows: `An Act to amend the charter of the City of Boston, Georgia, in the County of Thomas, approved August 2, 1921, to provide for a change in the election of the clerk and treasurer from an election by the qualified voters to an election by the mayor and council of the City of Boston; and to provide that said amendment shall be effective only after referendum to the qualified voters of the City of Boston.'

Page 3405

By authorization of the Mayor and Council of the City of Boston, Georgia. Altman Johnson, City Attorneys. Georgia, Thomas County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lee E. Kelly, who, on oath, deposes and says that he is the general manager of The Times Enterprise Weekly Edition, 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 introduce local legislation was published in said newspaper on the following dates: January 11, 1963, January 18, 1963 and January 25, 1963. /s/ Lee E. Kelly Sworn to and subscribed before me, this the 9th day of February, 1963. /s/ Judith E. Davis (Guill) Notary Public for Georgia, Residing in Thomas County. My Commission expires Nov. 9, 1966. (Seal). Approved April 12, 1963. CITY OF BOSTONELECTION OF MARSHAL, REFERENDUM. No. 446 (House Bill No. 230). An Act to amend an Act creating and establishing a new charter for the City of Boston in the County of Thomas, and to declare the rights, powers and privileges of said city approved August 2, 1921 (Ga. L. 1921, p. 700), as amended by an Act approved August 18, 1923 (Ga.

Page 3406

L. 1923, p. 503), so as to provide for a change in the election of a marshal, who shall also be chief of police, from an election by the qualified voters to an election by the mayor and council of the City of Boston; and to provide that said amendment shall be effective only after referendum to the qualified voters of the City of Boston. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a new charter for the City of Boston in the County of Thomas, and to declare the rights, powers and privileges of said city approved August 2, 1921 (Ga. L. 1921, p. 700), as amended by an Act approved August 18, 1923 (Ga. L. 1923, p. 503), is hereby amended by striking section 7 in its entirety and by inserting in lieu thereof a new section 7 to read as follows: Section 7. Be it further enacted by authority aforesaid that the City of Boston shall have a marshal, who shall also be chief of police, and who shall be a qualified voter and a resident of the city for twelve months prior to his selection and appointment and who shall serve for one year or until his successor is duly selected. The mayor and council shall select and appoint the marshal and chief of police at its first meeting in any calendar year and said marshal and chief of police shall serve until the first meeting of the succeeding calendar year and until his successor is duly selected. In the event of a vacancy in said office for any reason during any calendar year the mayor and council shall select and appoint a replacement who shall serve until the first meeting of the mayor and council in the next succeeding calendar year and until his successor is duly selected and appointed, as aforesaid. Section 2. This amendment shall not be effective until the term of office of the presently elected and serving marshal and chief of police has expired on the second Monday in January, 1965. Section 3. After the approval of this Act by the Governor and at a special election to be held in the City of

Page 3407

Boston, Georgia, on the 20th day of May, 1963, it shall be the duty of the City of Boston to submit this Act to the voters of the City of Boston for approval or rejection. The mayor and council of the City of Boston, Georgia, shall cause the date and purpose of this election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Thomas County. The ballot shall have printed thereon the words: For approval of the Act to amend the charter of the City of Boston to provide for a selection of the marshal, who shall also be chief of police, by the mayor and council of the city instead of by election by the voters of the City of Boston. Against approval of the Act to amend the charter of the City of Boston to provide for a selection of the marshal, who shall also be chief of police, by the mayor and council of the city instead of by election by the voters of the City of Boston. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, then it shall be of full force and effect; however, if a majority of votes cast on such question are against, then it shall be void and of no force and effect. Those persons who are eligible to vote in any general election in the City of Boston shall be eligible to cast a ballot in this special election. It shall be the duty of the mayor and council of the City of Boston to canvass the returns and declare and certify the result of the election to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that the undersigned intends to apply for the passage of local legislation at the next 1963 session of the General Assembly of Georgia, the title of such bill to be as follows:

Page 3408

`An Act to amend the charter of the City of Boston, Georgia in the County of Thomas, approved August 2, 1921, to provide for a change in the election of a marshal, who shall also be chief of police, from an election by the qualified voters to an election by the mayor and council of the City of Boston; and to provide that said amendment shall be effective only after referendum to the qualified voters of the City of Boston.' By authorization of the Mayor and Council of the City of Boston, Georgia. Altman Johnson, City Attorneys. Georgia, Thomas County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lee E. Kelly, who, on oath, deposes and says that he is the general manager of The Times Enterprise Weekly Edition, 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 introduce local legislation was published in said newspaper on the following dates: January 11, 1963, January 18, 1963, and January 25, 1963. /s/ Lee E. Kelly Sworn to and subscribed before me, this the 9th day of February, 1963. /s/ Judith E. Davis (Guill) Notary Public. (Seal). Approved April 12, 1963.

Page 3409

CITY OF BAINBRIDGERETIREMENT SYSTEM FOR EMPLOYEES. No. 447 (House Bill No. 234). An Act to amend an Act incorporating the City of Bainbridge, approved December 16, 1901 (Ga. L. 1901, p. 321), as amended, particularly by an Act approved February 15, 1950 (Ga. L. 1950, p. 2483), and an Act approved March 17, 1960 (Ga. L. 1960, p. 3167), so as to raise the age limit for employees eligible to participate in the retirement system of the City of Bainbridge; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Bainbridge, approved December 16, 1901 (Ga. L. 1901, p. 321), as amended, particularly by an Act approved February 15, 1950 (Ga. L. 1950, p. 2483), and an Act approved March 17, 1960 (Ga. L. 1960, p. 3167), is hereby amended by striking from section 17 of said Act the words and figures forty (40) wherever they appear and substituting in lieu thereof the words and figures forty-five (45), so that when so amended, section 17 shall read as follows: Section 17. Notwithstanding any other provision of this Act, no one employed by said city on or after 1 March 1950, shall be affected by or participate in said retirement system if he or she is over forty-five (45) years of age on the date of employment, except occasional employees, temporary day laborers, and professional employees. 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 1963 session of the General Assembly of Georgia, a bill to raise the age limit for employees eligible to

Page 3410

participate in the retirement system of the City of Bainbridge; and for other purposes. This 30 day of January, 1963. R. A. Griffin J. Willis Conger Representatives, Decatur County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. A. Griffin, who, on oath, deposes and says that he is Representative from Decatur County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Post-Searchlight, which is the official organ of said county, on the following dates: January 24, 31, and February 7. /s/ R. A. Griffin Representative, Decatur County Sworn to and subscribed before me, this 12th day of February, 1965. /s/ Kathryn Rule Notary Public. (Seal). Approved April 12, 1963.

Page 3411

CANDLER COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES, CLERK, AUDITS, ETC. No. 450 (House Bill No. 287). An Act to amend an Act entitled An Act to provide for the creation of a board of road and revenue commissioners in and for the County of Candler; to define the powers and duties of said board; to prescribe the qualifications, method of selection, compensation and terms of office of the members thereof; to provide when this Act shall become effective; and for other purposes., approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, so as to change the compensation of the clerk of the board of county commissioners; to change the time for the audit of county books; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for the creation of a board of road and revenue commissioners in and for the County of Candler; to define the powers and duties of said board; to prescribe the qualifications, method of selection, compensation and terms of office of the members thereof; to provide when this Act shall become effective; and for other purposes., approved March 23, 1933 (Ga. L. 1933 p. 430), as amended, is hereby amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7 which shall read as follows: Section 7. Be it further enacted by the authority aforesaid that said board of commissioners shall be authorized to elect a clerk of said board, whose duty it shall be to keep in permanent form a complete record of the official acts of said board, including the receipt and disbursement of all county funds, to perform generally the duties of a secretary to said board and to perform such other duties as may be required of him by said board. Said clerk shall receive for his services such compensation as may be fixed by said board, but not to be less than $150.00 nor more

Page 3412

than $250.00 per month, and shall give such bond with good security for the faithful performance of his duties as such clerk as may be required by said board. The compensation as set out in this section shall be fixed each year by the members of said board. Clerk. Section 2. Said Act is further amended by striking section 14A in its entirety and inserting in lieu thereof a new section 14A which shall read as follows: Section 14A. The board of road and revenue commissioners in and for the County of Candler shall make an inventory of all county property and equipment and shall have an independent audit made of the financial condition of the county showing receipts and expenditures commencing July 1st and ending June 30th of the following year; said inventory and audit shall be available to the grand jury of such county and available for reasonable inspection by the public in the office of the commissioner. Audits, etc. Section 3. The provisions of this Act shall become effective July 1, 1964, except section 1 which shall become effective upon the approval by the Governor or it otherwise becomes law. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Candler County. Notice is hereby given that a bill will be introduced at the 1963 term of the General Assembly of Georgia providing authority for change in the compensation to be paid to the clerk of the board of road and revenue commissioners of Candler County; and for the audit of the county books to be made for the fiscal year from July 1st to June 30th, each year. J. Carl Daughtry, Chairman, Board of Roads and Revenue Commissioners.

Page 3413

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hines L. Brantley, who, on oath, deposes and says that he is Representative from Candler County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser, which is the official organ of said county, on the following dates: Jan. 17, 24 31, 1963. /s/ Hines L. Brantley Representative, Candler County Sworn to and subscribed before me, this 14th day of February, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved April 12, 1963. BLECKLEY COUNTYCOMPENSATION OF ORDINARY. No. 457 (House Bill No. 334). An Act to amend an Act relating to the salaries of county officers of Bleckley County, approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2196), as amended by an Act approved March 25, 1958 (Ga. L. 1958, p. 3122), so as to change the compensation of the ordinary of Bleckley County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the salaries of county officers of Bleckley County, approved February 10, 1953

Page 3414

(Ga. L. 1953, Jan.-Feb. Sess., p. 2196), as amended by an Act approved March 25, 1958 (Ga. L. 1958, p. 3122), is hereby amended by striking from section 3 the words and figure 250.00 (two hundred-fifty dollars) and inserting in lieu thereof the words and figure three hundred ($300.00) dollars plus a monthly expense allowance in the sum of twenty-five ($25.00) dollars, so that when so amended, section 3 shall read as follows: Section 3. Be it further enacted that the county commissioner of Bleckley County, or other officer who may hereafter have in charge the fiscal affairs of said county, is hereby authorized and required to pay to the ordinary of Bleckley County and his successors in office a monthly salary of three hundred ($300.00) dollars plus a monthly expense allowance in the sum of twenty-five ($25.00) dollars the first payment hereby due and payable on the first of the month following the final passage of this Act and approval thereof, and thereafter on the first of each succeeding month, and the ordinary and his successors in office of Bleckley County shall pay in the county treasury of Bleckley County all fees received by him or his successors in office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. State of Georgia, County of Bleckley ss. Martha S. Wilder, the undersigned, for The Cochran Printing Co., Inc., publishers of The Cochran Journal, a weekly newspaper published each Thursday at Cochran, Bleckley County, Georgia, being first duly sworn, certifies that the attached advertisement appeared in the following issues of said publication on the dates stated: Jan. 24, 1963, Jan. 31, 1963, Feb. 7, 1963. Deponent certifies further that in event copy of advertisement

Page 3415

is not available that same may be found in copies on file at the office of the publisher. /s/ Martha S. Wilder Cochran Printing Co., Inc. (Publisher, The Cochran Journal) Subscribed and sworn to before me, this 11th day of Feb. 1963. /s/ Sidney H. Carter N.P. ex. J.P., 10-30-65. Bill to Introduce Legislation. By recommendation of the Bleckley County Grand Jury that the ordinary receive $50.00 raise in salary plus $25.00 expense per month. J. R. Mullis Representative Bleckley County Bill to Introduce Legislation. By recommendation of the Bleckley County Grand Jury that the ordinary receive $50.00 raise in salary plus $25.00 expense per month. J. R. Mullis Representative Bleckley County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jas R. Mullis, who, on oath, deposes and says that he is Representative from Bleckley County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cochran Journal, which is the official organ of said

Page 3416

county, on the following dates: January 24, 1963, January 31, 1963 and February 7, 1963. /s/ Jas. R. Mullis Representative, Bleckley County Sworn to and subscribed before me, this 14th day of February, 1963. /s/ Frank E. Blankenship Notary Public, Georgia, State at Large. My Commission expires July 15, 1966. (Seal). Approved April 12, 1963. CHARLTON COUNTYCOMMISSIONERS OF ROADS AND REVENUES. No. 460 (House Bill No. 371). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Charlton, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, particularly by an Act approved March 27, 1941 (Ga. L. 1941, p. 810), an Act approved March 27, 1947 (Ga. L. 1947, p. 995), and an Act approved March 9, 1959 (Ga. L. 1959, p. 2405), so as to reduce the number of members of the board of commissioners of roads and revenues of Charlton County from five members to three members; to reapportion the commission districts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Charlton, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, particularly by an Act approved March 27, 1941 (Ga. L. 1941, p. 810), an Act approved March 27, 1947 (Ga. L. 1947, p.

Page 3417

995), and an Act approved March 9, 1959 (Ga. L. 1959, p. 2405), is hereby amended by striking from Section 1 the word and figure five (5) and inserting in lieu thereof the word and figure three (3), so that when so amended, section 1 of the said Act shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that a board of commissioners of roads and revenues for the County of Charlton, in said State, is hereby created to consist of three (3) members who shall be qualified voters of said county. Number of commissioners. Section 2. Said Act is further amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. Be it further enacted by the authority aforesaid, That, for the purpose of this Act the County of Charlton, shall be divided into three road districts as follows: The Uptonville and Winokur Militia Districts shall constitute road district number one (1); the Folkston and Trader's Hill Militia Districts shall constitute road district number two (2); that Saint George and Moniac Militia Districts shall constitute road district number three (3); and one commissioner shall be elected from each road district and shall be a resident of the road district that he represents. The voters of the entire county shall vote for all candidates for commissioners from all road districts in both the primary and general elections. Road districts. Section 3. Said Act is further amended by striking section 3 in its entirety. Section 4. The effective date of this Act shall be January 1, 1965. Provided, however, that the election for the three commissioners whose terms shall commence on January 1, 1965 and for all terms thereafter, shall be elected in the primary and general election in which members of the General Assembly from Charlton County are elected, it being the purpose of this section to provide a four year

Page 3418

term for all members of the board of commissioners after the terms of the present commissioners have expired. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publisher. Georgia, Charlton County. In person came, Doyle Lewis, who on oath says that he is the publisher of the Charlton County Herald, the official organ of Charlton County, Georgia, and the newspaper in which is attached hereto, was published three consecutive times, said notice appearing in the issues published January 24, January 31, and February 7. /s/ Doyle Lewis Publisher Charlton County Herald Sworn to and subscribed before me, this the 9th day of February, 1963. /s/ Hazlelene McQueen Notary Public, Charlton County, Ga. My Commission expires Jan. 31, 1967. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that I intend to introduce local legislation in the 1963 session of the Georgia General Assembly a bill to reduce the number of members of the board of commissioners of roads and revenues of Charlton County, from the present five members, to three members; To reapportion the commission districts; and for other purposes. H. Ben Rodgers, Representative, Charlton County, Georgia Approved April 12, 1963.

Page 3419

CITY OF MACONCLERK OF RECORDERS COURT No. 461 (House Bill No. 389). 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-section of said Act or Acts; to repeal section 48, as heretofore amended, changed or re-enacted, relating to the clerk and other officers of recorder's court; to enact in lieu thereof a new section to be known as section 48 relating to the same subject matter and making specific provisions for the office of clerk or clerks of the recorder's court and their election; to set the amount of the required commercial surety company bond of said clerk or clerks; to define the powers and duties of said clerk or clerks; to provide for the compensation of said clerk or clerks; to provide for regulation and supervision of accounting procedures relative to funds of the recorder's court; to make specific provision for deputy or assistant clerk or clerks of the recorder's court and to define their qualifications, powers and duties; to provide for ministerial officers of said court and to define their powers and duties; to amend section 37 of said Act approved August 3, 1927, as heretofore amended, changed or re-enacted by adding at the end thereof as a new paragraph language directing the treasurer of the City of Macon to supervise the fiscal affairs and monetary accounting

Page 3420

procedures of the clerk's office of recorder's court; 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 to amend an Act 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 and wherever set forth, including any and all Acts, amending, changing or reenacting any section or sub-section of said Act or Acts, be and the same is hereby further amended as follows: (a) By striking therefrom and repealing section 48 relating to the clerk and other officers of the recorder's court and enacting in lieu thereof a new section to be known as section 48, relating to the same subject matter and making specific provisions for the office of clerk or clerks of the recorder's court and their election, to set the amount of the required commercial surety company bond of said clerk or clerks; to define the powers and duties of said clerk or clerks; to provide for the compensation of said clerk or clerks; to provide for regulation and supervision of accounting procedures relative to funds for the recorder's court; to make specific provision for deputy or assistant clerk or clerks of the recorder's court and to define their qualifications, powers and duties, to provide for ministerial officers of said court and to define their powers and duties, which said section shall read as follows: Section 48. Recorder's Court Clerk and other officers . The mayor and council shall elect one or more clerks of

Page 3421

the recorder's court, none of whom shall be a member of the police department or any other city department, and who shall be answerable and responsible for the performance of all duties of the office to the recorder and to the mayor and council, and who shall further be responsible to the Treasurer of the City of Macon for the proper accounting of all funds paid into said office and for all the fiscal affairs and monetary accounting procedures of said office. Said clerk or clerks of the recorder's court shall each give a commercial surety company bond in the sum of twenty-five thousand dollars ($25,000.00) in a company authorized to do business in the State of Georgia for the faithful performance of the duties of the office. The premiums on such bonds shall be paid by the City of Macon. The mayor and council may designate a clerk of said court as the chief clerk of said court and in such event additional clerks appointed by virtue of this law shall also be under the supervision and direction of said chief clerk in the performance of their duties. A clerk shall attend all sessions of the recorder's court. The clerk or clerks shall correctly keep the dockets and all other records of said court and shall have the exclusive custody thereof. A clerk appointed by authority of this law shall devote all of his time to the discharge of the duties of said office and shall be authorized and empowered to issue and sign the processes, summonses, subpoenas, warrants, including search warrants and arrest warrants, and all other writs issuing out of said court and all attachments and executions for fines imposed in said court, all of which shall bear teste in the name of the recorder. For the purpose of issuing search warrants and arrest warrants, said clerk or clerks are hereby clothed with the same powers and authority as are conferred by the Constitution and laws of the State of Georgia upon justices of the peace. Said clerk or clerks shall receive all fines imposed by said court, and all cash bonds and other monies and collateral deposited in said court, and shall be responsible for all cash bonds and collateral forfeited by said court, and all payments made in bond forfeiture cases and shall account

Page 3422

for the same to the treasurer of the City of Macon or as otherwise directed by the mayor and council. There shall also be such deputy or assistant clerks of the recorder's court as the mayor and council may provide who shall not be members of the police department or any other city department. Said deputy or assistant clerks shall be clothed with all of the powers and charged with all the duties and responsibilities of a clerk of said court, and shall also give bond in a sum to be determined by the treasurer of the City of Macon. For the purpose of issuing search warrants and arrest warrants, said deputy or assistant clerks are hereby clothed with the same powers and authority as are conferred by the Constitution and laws of the State of Georgia upon justices of the peace. The mayor and council are empowered and authorized to provide for the compensation to be paid to said clerk or clerks and to said deputy or assistant clerk or clerks for the performance of the duties herein described. The ministerial officers of said court shall be the chief of police, assistant chief, and officers and members of the police force of said city, any of whom may execute the mandates of said court, and to whom, in the alternative, all mesne and final process thereof shall be directed. The chief of police, or an officer of said police force designated by him, shall attend each session of said court for the purposes of executing the necessary orders thereof. (b) By amending section 37 of said Act approved August 3, 1927, as heretofore amended, changed or re-enacted, relating to the duties of the treasurer of the City of Macon by adding at the end of such section as a separate paragraph the following language: The treasurer shall supervise all of the fiscal and monetary accounting procedures of the clerk's office of the recorder's court of the City of Macon and shall be charged with the duty of establishing adequate and necessary accounting procedures for said office.

Page 3423

Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover, Jr., who, on oath, deposes and says that he is Representative from Bibb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Macon News, which is the official organ of said county, on the following dates: January 4, 1963, January 11, 1963, and January 18, 1963. /s/ Denmark Groover Representative, Bibb County Sworn to and subscribed before me, this 19 day of February, 1963. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 6, 1964. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the January, 1963, session of the General Assembly of Georgia for the passage of the following local legislation: To amend the charter of the City of Macon to provide for an additional clerk or clerks of the recorder's court of the City of Macon, to increase the amount of the required commercial surety bond of the clerk or clerks of the recorder's court, to provide for the direct supervision by the treasurer of the City of Macon of said clerk or clerks insofar as the fiscal affairs and monetary accounting procedures of said clerk's office are concerned, to provide that the deputy or assistant clerks of the recorder's court shall not be members of the police department or any other city department.

Page 3424

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 2nd day of January, 1963. Buckner F. Melton City Attorney, City of Macon. Approved April 12, 1963. DEKALB COUNTY BOARD OF EDUCATION. No. 464 (House Bill No. 396). 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 seven (7) members and seven (7) districts to be known as School Board Districts. The boundaries

Page 3425

of each of the said school board districts are hereby defined as follows: District No. 1 . District No 1 shall comprise that part of DeKalb County bounded on the west by the boundary line between Fulton and DeKalb Counties; on the north and east by the boundary lines of DeKalb, Fulton and Gwinnett Counties from the northwest corner of DeKalb County to a point on the east boundary line, which point is where the south land lot line of land lot 280 of the 6th district intersects said boundary line; on the southeast by a straight line drawn from a point where the south land lot line of land lot 280 intersects said boundary line southwesterly to the southwest corner of land lot 106 of the 18th district and on the south by the south land lot line of land lot 107 of the 18th district. Created, districts. District No. 2 . District No. 2 shall comprise that part of DeKalb County bounded on the northwest by a straight line drawn from the southwest corner of land lot 106 of the 18th district of DeKalb County northeasterly to the boundary line between DeKalb and Gwinnett Counties to a point on said boundary line where the south land lot line of land lot 280 of the 6th district intersects said boundary line; on the northeast by the boundary line of DeKalb and Gwinnett Counties; on the southeast by a straight line drawn from a point on the west land lot line of land lot 50 of the 18th district of DeKalb County where the north line of the city limits of the City of Decatur intersects said west land lot line northeasterly through the intersection of land lots nos. 318, 317, 314 and 315 of the 18th district to a point on said boundary line; on the south by the city limits of the cities of Decatur and Atlanta, and on the west partly by the boundary line between Fulton and DeKalb Counties and all together by the city limits of Atlanta. District No. 3 . District No. 3 shall comprise that part of DeKalb County bounded on the northwest by a straight line drawn from a point on the west land lot line of land lot 50 where the same is intersected by the north line of the City of Decatur through the intersections of land lots 318, 317, 314, and 315 of the 18th district to the boundary line between

Page 3426

DeKalb and Gwinnett Counties; on the northeast by the boundary line between DeKalb and Gwinnett Counties; on the southwest by a straight line drawn from a point on the boundary line between DeKalb and Gwinnett Counties where the east land lot line of land lot 179 of the 18th district intersects said boundary line southwesterly to the south line of land lot 49 of the 18th district at a point where the northeast corner of the city limits of the City of Decatur intersects said south line; on the southwest by the boundary line of the City of Decatur. District No. 4 . District No. 4 shall comprise that part of DeKalb County bounded on the northwest by a straight line drawn from a point on the south land lot line of land lot 49 of the 18th district of DeKalb County where same is intersected by the northeast corner of the city limits of Decatur and running northeasterly to a point on the boundary line between DeKalb and Gwinnett Counties, which point is where the east land lot line of land lot 179 of the 18th district of DeKalb County intersects said boundary line; on the northeast by the boundary line between DeKalb and Gwinnett Counties from the last named point to the point where the north line of land lot 258 and the south line of land lot 257 of the 16th district intersects said boundary line; on the southeast by a straight line drawn from the next above named point to the southwest corner of land lot 8 of the 18th district at the city limits of the City of Decatur; on the southwest by the city limits of the City of Decatur. District No. 5 . District No. 5 shall comprise that part of DeKalb County bounded on the northeast by a straight line drawn from the southwest corner of land lot 8 of the 18th district of DeKalb County at the city limits of Decatur to a point on the boundary line between DeKalb and Rockdale Counties where the same is intersected by the south line of land lot 257 and the north line of land lot 258 of the 16th district of DeKalb County; on the southeast by the boundary line between Rockdale and DeKalb Counties from the last named point to a point on said boundary line where the south line of land lot 180 of the 16th district and the east line of land lot 179 of the 16th district intersect said boundary; on the southwest by a straight line drawn from the

Page 3427

last named point to the city limits of Decatur on the west line of land lot 216 of the 15th district; on the west by the city limits of the City of Decatur. District No. 6 . District No. 6 shall comprise that part of DeKalb County bounded on the northeast by a straight line drawn from where the east-west line of the city limits of Decatur intersect the west land lot line of land lot 216 of the 15th district of DeKalb County southeasterly in a straight line to a point on the boundary line between DeKalb and Rockdale Counties where said boundary line is intersected by the south line of land lot 180 and the east line of land lot 179 of the 16th district of DeKalb County; on the southeast by the boundary line between DeKalb and Rockdale Counties; on the southwest and south by the boundary line between DeKalb, Rockdale and Henry Counties from the southeast corner of DeKalb County to a point on the south boundary line between DeKalb and Henry Counties, which is the south line of land lot 3 of the 15th district of DeKalb County where the east line of land lot 253 of the 12th district intersects the south line of land lot 3 of the 15th district of DeKalb County; on the southwest by a straight line drawn from the last named point to the southwest corner of land lot 183 of the 15th district and the city limits of Atlanta; on the west by the city limits of Decatur and Atlanta. District No. 7 . District No. 7 shall comprise that part of DeKalb County bounded on the northeast by a line drawn from the northwest corner of land lot 170 of the 15th district of DeKalb County southeasterly in a straight line to a point where the east line of land lot 253 of the 12th district intersects the south line of land lot 3 of the 15th district; on the south by the south line of the boundary between Henry, Clayton and DeKalb Counties to the Fulton and DeKalb County boundary line; on the west by the Fulton and DeKalb County line to the city limits of Atlanta; on the north by the city limits of Atlanta. The above districts are shown in detail by a map of the DeKalb County School Districts on file in the office of the Ordinary of DeKalb County, Georgia. Map.

Page 3428

Section 2. The terms of the members of said board of education shall begin on January 1st on the year following their election and the term of each shall be for six (6) years and shall extend until their successors have been elected and qualified, except, however, that in order to establish regular staggered terms, the members from each district, after the passage of this Act, shall be determined on the following basis: Terms. District No. 1. The member of said board to succeed the present incumbent, Weldon Shows, shall be elected at the time of the general election held in the year 1964 and will take office January 1, 1965 for a six (6) year term, beginning January 1, 1965 and extend through 1970. In the year 1970, the board member from said district shall be elected for a six (6) year term beginning January 1, 1971. District No. 2. The member of said board to succeed the present incumbent, Joseph L. Morris, and the member elect, Jack May, shall be elected at the time of the general election held in the year 1966 and will take office January 1, 1967 for a six (6) year term extending through 1972. District No. 3. The member of said board to succeed the present incumbent, Conrad Sechler, shall be elected at the time of the general election held in the year 1966 and will take office January 1, 1967 for a six (6) year term extending through 1972. District No. 4. The member offering from said district shall be elected at a special election held not later than 45 days after the approval of this Act by the Governor, to take office immediately and to serve through December 31, 1968. At the time of the general election held in 1968, a school board member from said district shall be elected for a six (6) year term extending through 1974. District No. 5. The member of said board to succeed the present incumbent, F. R. Chapman, shall be elected at the time of the general election held in the year 1966 and will take office January 1, 1967 for a six (6) year term extending through 1972.

Page 3429

District No. 6. The member offering from said district shall be elected at a special election held not later than 45 days after the approval of this Act by the Governor, to take office immediately and to serve through December 31, 1968. At the time of the general election held in 1968, a school board member from said district shall be elected for a six (6) year term extending through 1974. District No. 7. The member of said board to succeed the present incumbent, Burton Hazelrigs, shall be elected at the time of the general election held in the year 1964 and will take office January 1, 1966 for a five (5) year term extending through 1970. In the year 1970, the board member from said district shall be elected for a six (6) year term beginning January 1, 1971. Section 3. Said members shall be elected as set out in section 2. hereinabove at a special board of education election, held under the supervision of the ordinary of DeKalb County, at the same time and in the same polling places as general elections are held, except that voters living within the limits of the Cities of Atlanta and Decatur shall not be eligible to vote for said members of said board. All candidates shall qualify with the ordinary of said county by filing a notice of their candidacy with said ordinary at least 30 days prior to the election date and shall publish a notice thereof in the official gazette of said county at least one time in a period of 30 days prior to said election date. Special election. Section 4. The board of education established herein shall consist of a member from each of said school board districts. Each member of the board of education shall be elected by the qualified voters of DeKalb County, excepting therefrom those voters living within the limits of the Cities of Atlanta and Decatur, Each candidate for membership on the board shall have been a resident for at least one year of the school board district which he offers to represent. No two (2) members shall reside in the same school board district. Any member of the board shall immediately be disqualified to continue serving as a member of the board if he becomes a candidate for any other federal, state or county elective office. A candidate for election to said Board

Page 3430

of Education of DeKalb County shall designate the post for which he offers, and the candidate receiving a majority of the votes cast shall be declared elected to such post. Should a candidate not receive a majority of such votes the Board of Education of DeKalb County shall call a special run-over election to be held within fourteen (14) days after the first election. At said special run-over election, only the names of the two candidates receiving the greatest number of votes in the previous election shall appear on the ballots. Qualifications, etc. Section 5. Should a vacancy occur in the office of any member of said board of education either by death, resignation, removal of residency of a member from the district he represents, or any other reason, 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 the office. Provided, however, that in the event said vacancy shall have occurred more than ninety (90) days before the said general election, the remaining members of the board of education 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, said board of education shall elect one of its members to act as chairman of the board and one to act as vice chairman and they shall serve for the calendar year and until their successors have been elected and qualified. Chairman, etc. 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 and to members of the county board of education shall apply to the county school superintendent and to the

Page 3431

members of the Board of Education of DeKalb County, Georgia. Present laws. Section 9. The chairman and members of said board of education shall be paid $100.00 per month as their entire 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 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. 1231, et. seq.), and all laws amendatory thereof including, but not limited to, the amendatory Act approved February 27, 1962, are hereby specifically

Page 3432

repealed; all other laws and parts of laws in conflict herewith are hereby repealed. Prior Acts repealed. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is the managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention to Apply for Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being January 31, 1963, February 7, 1963 and February 14, 1963. 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, 1963 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.

Page 3433

This 29th day of January, 1963. /s/ Guy W. Rutland, Jr. /s/ James A. Mackay /s/ J. Robin Harris DeKalb County Representatives Sworn to and subscribed before me this 19 day of Feb., 1963. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My commission expires Oct. 6, 1964. (Seal). Approved April 12, 1963. CITY OF LUMPKINCLERK AND TREASURER. No. 466 (House Bill No. 405). An Act to amend an Act creating a new charter for the City of Lumpkin, approved December 18, 1902 (Ga. L. 1902, p. 489), as amended, by an Act approved August 14, 1909 (Ga. L. 1909, p. 1066), an Act approved August 20, 1923 (Ga. L. 1923, p. 729), an Act approved March 7, 1960 (Ga. L. 1960, p. 2311), and an Act approved March 28, 1961 (Ga. L. 1961, p. 2485), so as to change the term and provide the method for filling a vacancy in the office of clerk and treasurer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Lumpkin, approved December 18, 1902 (Ga. L. 1902, p. 489), as amended, by an Act approved August 14, 1909 (Ga. L. 1909, p. 1066), an Act approved August 20, 1923 (Ga. L. 1923, p. 729), an Act approved March 7, 1960 (Ga. L.

Page 3434

1960, p. 2311), and an Act approved March 28, 1961 (Ga. L. 1961, p. 2485), 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. That the board of aldermen shall elect a clerk and treasurer of said city from their own body or any other person as their discretion dictates. Such officer shall be elected at the same time and in the same manner as the mayor pro tem., and his term of office shall be for any period, as the board of aldermen shall decide and until his successor shall have been elected and qualified. He may be removed by the board as the discretion of the board of aldermen dictates. He shall keep the minutes of the board of aldermen in well bound books, and shall preserve them and all other records entrusted to him; he shall receive tax returns; collect all municipal taxes the collection of which is not otherwise herein provided for; issue all licenses and collect all licenses fees and other money due the said city, street tax excepted; shall receive all moneys due said city; shall issue executions against all defaulters for taxes, said executions being directed to the marshal of said city and his deputies; he shall be the custodian of the funds of said city and shall do and perform all such other duties as may be imposed upon him by the board of aldermen. He shall have authority to appoint some fit and proper person as his deputy, to whom he may delegate all the powers conferred upon him, and for whose acts he and his bondsmen shall be liable as though done by himself. Such clerk and treasurer shall, when elected, enter into a bond, with sufficient sureties, to be approved by the mayor, in such penalty as the board of aldermen shall prescribe, payable to the mayor of the City of Lumpkin, conditioned faithfully to collect and pay over and account for all taxes and other income of said city from whatsoever source derived, to perform the duties herein prescribed and such other duties as may be imposed upon him by the board. If at any time the office of the present, qualified and acting clerk and treasurer becomes vacant as a result of resignation or otherwise, the board of aldermen of the City

Page 3435

of Lumpkin are hereby granted authority to fill the unexpired term under, pursuant to and according to the above granted power. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. To Whom It May Concern: This is to certify that the attached Legal Advertisement, Notice of Intention to Introduce Local Legislation has been published four consecutive issues in issues of The Stewart-Webster Journal, January 10, 17, 24 and 31. /s/ John M. Anglin Publisher Notice of Local Legislation. City of Lumpkin. Georgia, Stewart County. Notice is hereby given that the undersigned will introduce in the next General Assembly, a local bill to amend the charter of the City of Lumpkin for the purpose of changing the qualifications and terms of the clerk and treasurer of the said city. Sam S. Singer, Representative, Stewart County, Georgia. /s/ Dorothy F. McKinnon Notary Public, Georgia, State at Large. (Seal). Approved April 12, 1963.

Page 3436

PULASKI COUNTYOFFICE OF TAX COMMISSIONER CREATED, REFERENDUM. No. 474 (House Bill No. 448). An Act to consolidate the offices of tax receiver and tax collector of Pulaski County into the office of tax commissioner of Pulaski County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for the term of office; to provide for the method of filling vacancies; to make provisions relative to taxes and tax fi fas; to provide for compensation; to provide for personnel and their compensation; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The offices of tax receiver and tax collector of Pulaski County are hereby consolidated and combined into the one office of tax commissioner of Pulaski County. The rights, duties and liabilities of said office of tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State. Created. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election for other county officers of Pulaski County is held in 1964, and the person so elected shall take office on January 1, 1965, for a term of four years and until his successor is elected and qualified. All future elections for tax commissioner shall likewise be held at the same time as elections for other county officers, and all future tax commissioners shall likewise have a term of office of four years and until their successors are elected and qualified. Nothing herein shall affect the term of office of the present tax collector and tax receiver of Pulaski County and the terms of such tax collector and tax receiver shall continue through December 31, 1964. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled as vacancies are filled in the office of tax collector. Election, term, etc.

Page 3437

Section 3. All taxes due and payable Pulaski County at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi fas heretofore issued shall have full force and effect and be collectible as issued. Taxes due. Section 4. The tax commissioner shall receive for his services as such an annual salary of $6,600.00, payable monthly from the funds of Pulaski County. Except as hereinafter provided, all fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner of Pulaski County shall be received, collected and held by him as public funds belonging to Pulaski County. Once each month the tax commissioner shall turn over to the fiscal authority of said county said funds with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided for herein for the tax commissioner shall be in lieu of fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, except those commissions received pursuant to an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, to which he shall be entitled. It is hereby specifically provided that the tax commissioner shall not be entitled to the amount provided in an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. Salary, etc. Section 5. The tax commissioner is authorized to appoint a deputy to assist him in the performance of his duties. Such deputy shall be compensated in the amount of three thousand ($3,000) dollars per annum, payable in equal monthly installments from the funds of Pulaski County. Deputy. Section 6. The tax commissioner, before entering upon the duties of his office, shall take the oath prescribed for the tax collector and shall give bond as is provided by law. Oath and bond. Section 7. Not less than thirty (30) days nor more than sixty (60) days after the date of the approval of this Act

Page 3438

by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Pulaski County to issue the call for an election for the purpose of submitting this Act to the voters of Pulaski County for approval or rejection. The ordinary shall set the date of such election for a day not less than thirty (30) nor more than sixty (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 Pulaski County. The ballot shall have written or printed thereon the words: For approval of the Act consolidating the offices of tax collector and tax receiver of Pulaski County into the office of tax commissioner of Pulaski County. Referendum. Against approval of the Act consolidating the offices of tax collector and tax receiver of Pulaski County into the office of tax commissioner of Pulaski 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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Pulaski County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the 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. Notice of Intent to Introduce. Notice is hereby given that a bill shall be introduced in the 1963 session of the Georgia General Assembly to consolidate

Page 3439

the office of tax receiver and tax collector into an office of tax commissioner and for other purposes pertaining thereto. John H. Anderson, Jr. Representative, Pulaski County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John H. Anderson, Jr., who, on oath, deposes and says that he is Representative from Pulaski County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hawkinsville Dispatch News, which is the official organ of said county, on the following dates: Jan. 23, 30, Feb. 6, 1963. /s/ John H. Anderson, Jr. Representative, Pulaski County Sworn to and subscribed before me this 25th day of February, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved April 12, 1963.

Page 3440

USE OF PHOTOGRAPHIC EQUIPMENT BY ORDINARIES IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 42,000 AND NOT MORE THAN 43,000 REQUIRED. No. 475 (House Bill No. 456). An Act to amend an Act authorizing the ordinary or anyone performing the duties of the ordinary to use photostatic or photographic equipment in recording documents, approved February 17, 1950 (Ga. L. 1950, p. 414), so as to require that photographic recording equipment be installed and used in recording records of the ordinary in certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the ordinary or anyone performing the duties of the ordinary to use photostatic or photographic equipment in recording documents, approved February 17, 1950 (Ga. L. 1950, p. 414), is hereby amended by striking the period at the end of the original said section and inserting in lieu thereof a comma and by adding the following: provided, however, in any county of the State having a population of not less than 42,000 nor more than 43,000 by the United States Census of 1960, or any future United States Census, the ordinary, or any other authority performing the functions now required to be performed by the ordinary or by the court of the ordinary, in any county of the State within such population are hereby required to use photostatic equipment or other photographic equipment for the purpose of recording any documents authorized or required to be recorded in the office of said ordinary or of the court of ordinary of said county, or for the purpose of recording and preserving the minutes of said court. Said equipment shall be used by the ordinary or by the court of ordinary of said counties for the same purpose and in lieu of the present commonly used method of printing, typing and handwriting said documents, records and minutes, said

Page 3441

equipment to be provided or made available by the proper county authority. so that said section 1, as amended, shall read as follows: Section 1. From and after the passage of this Act, the ordinary, or any other authority performing the functions now required to be performed by the ordinary or by the court of the ordinary, in any county of the State shall be authorized to install and/or to use photostatic equipment or other photographic equipment for the purpose of recording any documents authorized or required to be recorded in the office of said ordinary or of the court of ordinary of said counties, or for the purpose of recording and preserving the minutes of said court. Said equipment may be installed and/or used by the ordinary or by the court of ordinary of said counties for the same purposes and in lieu of the present commonly used method of printing, typing, and handwriting said documents, records and minutes, said equipment may be provided or the use of equipment permitted by the proper county authorities, provided, however, in any county of the State having a population of not less than 42,000 nor more than 43,000 by the United States Census of 1960, or any future United States census the ordinary, or any other authority performing the functions now required to be performed by the ordinary or by the court of the ordinary, in any county of the State are hereby required to use photostatic equipment or other photographic equipment for the purpose of recording any documents authorized or required to be recorded in the office of said ordinary or of the court of ordinary of said county, or for the purpose of recording and preserving the minutes of said court. Said equipment shall be used by the ordinary or by the court of ordinary of said counties for the same purpose and in lieu of the present commonly used method of printing, typing and handwriting said documents, records and minutes, said equipment to be provided or made available by the proper county authority. Section 2. All laws and parts of law in conflict herewith be and the same are hereby repealed. Approved April 12, 1963.

Page 3442

CHATTAHOOCHEE COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 476 (House Bill No. 465). An Act to amend an Act abolishing the office of tax collector and tax receiver and creating the office of tax commissioner in their stead, approved March 9, 1935 (Ga. L. 1935, p. 601), as amended by an Act approved February 23, 1939 (Ga. L. 1939, p. 538), so as to change the compensation of the tax commissioner of Chattahoochee County; 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 and creating the office of tax commissioner in their stead, approved March 9, 1935 (Ga. L. 1935, p. 601), as amended by an Act approved February 23, 1939 (Ga. L. 1939, p. 538), is hereby amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 which shall read as follows: Section 4. The salary of the tax commissioner of said County of Chattahoochee shall be not less than seventy five ($75.00) dollars per month, nor more than one hundred fifty ($150.00) dollars per month, in the discretion of the board of county commissioners of said county, and said salary to be fixed by said commissioners at their first regular meeting in March of each and every year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. Georgia, Muscogee County. Personally appeared before the undersigned Wallace A. Kitchen who on oath says that he is classified adv. manager of the Columbus Ledger-Enquirer, and that the attached legal advertisement was published in the Columbus Enquirer

Page 3443

on the following dates; January 16, 23, February 2 and 6, 1963. /s/ Wallace A. Kitchens State of Georgia, Chattahoochee County. Joe N. King hereby announces intentions to introduce a local bill in the General Assembly of Georgia to regulate the compensation of the tax commissioner of Chattahoochee County. Sworn to and subscribed before me this 23rd day of February, 1963. /s/ Judy R. Medlock Notary Public, Muscogee County, Georgia. My commission expires Aug. 1, 1966. (Seal). Approved April 12, 1963. CITY OF HAGANVOTER REGISTRATION. No. 477 (House Bill No. 482). An Act to amend an Act entitled An Act to incorporate the City of Hagan, in the County of Evans (formerly Tattnall), State of Georgia; define its limits, to provide for mayor and councilmen and other officers, and the manner of their election; to provide for government for said City of Hagan; to provide for the sale of bonds for public improvements, and especially for the erection of school buildings, and for other purposes., approved August 21, 1906 (Ga. L. 1906, p. 777), as amended, so as to change the requirements and qualifications of voters of the City of Hagan; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the City of Hagan, in the County of Evans (formerly Tattnall),

Page 3444

State of Georgia; define its limits, to provide for mayor and councilmen and other officers, and the manner of their election; to provide for government for said City of Hagan; to provide for the sale of bonds for public improvements, and especially for the erection of school buildings, and for other purposes., approved August 21, 1906 (Ga. L. 1906, p. 777), as amended, is hereby amended by adding in section 54 after the punctuation mark semi-colon (;) and before the words and that you have paid all taxes the words that you are a registered, qualified and eligible voter of the County of Evans;, so that when so amended section 54 shall read as follows: Section 54. Be it enacted by the authority aforesaid, That in case the manager of any election shall have any reasonable doubt as to the qualification of any voter, or should any voter be challenged they shall administer the following oath, to-wit: `You do swear that you are a citizen of the State of Georgia; that you have attained the age of twenty-one years; that you have resided one year in this State, and for the last six months within the City of Hagan; that you are a registered, qualified and eligible voter of the County of Evans; and that you have paid all taxes that have been required of you by said Cit of Hagan; so help me God.' Voter registration. Section 2. Said Act is further amended by striking from section 57 the following language: and it shall be the duty of the clerk or other person in charge, upon application of any person entitled to vote, which application shall be made in person and not by proxy, to register the name of such person, with the street on which he lives, and his occupation; and such person before subscribing his name shall in each case subscribe before the clerk the following oath: `You do swear that you are twenty-one years of age, or will be before the next city election; that you are a citizen of the United States; that you have resided in this State twelve months last past, and in this city for the past six months, and that you have paid all legal taxes and assessments required of you by the authorities of said city; so help you God.' And Same.

Page 3445

and inserting in lieu thereof the following language: and it shall be the duty of the clerk or other person in charge, upon application of any person entitled to vote, which application shall be made in person and not by proxy, to administer to such person the following oath: `You do swear that you are eighteen years of age, or will be before the next city election; that you are a citizen of the United States; that you have resided in this State for the last twelve months, and in the City of Hagan for the past six months; that you are a registered, qualified and eligible voter of the County of Evans; and that you have paid all legal taxes and assessments required of you by the authorities of said city; so help me God. After the within oath has been administered, the clerk or other person in charge shall cause such person to subscribe to said oath before such clerk or other person in charge. After such person has taken and subscribed to the oath herein provided, it shall be the duty of the clerk or other person in charge to register the name of such person, with the street on which he lives, and his occupation unless the clerk or other person in charge has positive evidence that the facts sworn to by such person in the oath herein prescribed are false. so that when so amended said section shall read as follows: Section 57. Be it enacted by the authority aforesaid, That the city clerk, or if the clerk of the council shall be sick or absent, then some person appointed by the city council, shall open in the clerk's office or council chamber, or at such other places as may be designated by the city council for that purpose, on the first Monday in October in each year, a list for the registration of voters for said city, which list shall be kept open every day except Sunday during business hours, from that day until the tenth day before the regular election day, inclusive, when said lists shall be finally closed; and it shall be the duty of the clerk of other person in charge, upon application of any person entitled to vote, which application shall be made in person and not by proxy, to administer to such person the following oath: `You do swear that you are eighteen years of age, or will be before

Page 3446

the next city election; that you are a citizen of the United States; that you have resided in this State for the last twelve months, and in the City of Hagan for the past six months; that you are a registered, qualified and eligible voter of the County of Evans; and that you have paid all legal taxes and assessments required of you by the authorities of said city; so help me God.' After the within oath has been administered, the clerk or other person in charge shall cause such person to subscribe to said oath before such clerk or other person in charge. After such person has taken and subscribed to the oath herein provided, it shall be the duty of the clerk or other person in charge to register the name of such person, with the street on which he lives, and his occupation unless the clerk or other person in charge has positive evidence that the facts sworn to by such person in the oath herein prescribed are false. The said city clerk or other person in charge, shall furnish the managers of said election with a copy of said lists, made out in alphabetical order, as soon as the polls are opened, and failing to comply with any of the provisions of this Act, he shall be punished as the council may prescribe. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Evans County. Personally appeared before the undersigned, a officer duly authorized by law to administer oaths, J. Fred Eden, who first being duly sworn, deposes and says on oath that he is editor and publisher of the Claxton Enterprise, a newspaper of general circulation of Evans County, Georgia, also the legal gazette for sheriff's advertisements, that the following notice appeared in the Claxton Enterprise on February 7, 1963, February 14, 1963, and February 21, 1963. /s/ J. Fred Eden Notice of Intention to Apply for Local Legislation. Notice is hereby given that the mayor and council of the City of Hagan intend to apply to the General Assembly at

Page 3447

the 1963 regular session, for the enactment of a bill amending the charter of the City of Hagan to require registration as a voter in Evans County as a prerequisite to voting in the municipal elections of the City of Hagan. This 5th day of Feb., 1963. Aden G. Massey, Mayor. Sworn to and subscribed before me this 22nd day of February, 1963. /s/ C. E. DeLoach, Sr. Notary Public, Georgia, State at Large. (Seal). Approved April 12, 1963. WILKES COUNTYCOMPENSATION OF TAX COMMISSIONER, REFERENDUM. No. 478 (House Bill No. 484). An Act to amend an Act abolishing the offices of the tax collector and the tax receiver of Wilkes County and creating in lieu thereof the office of tax commissioner of Wilkes County, approved July 22, 1929 (Ga. L. 1929, p. 777), as amended by an Act approved December 3, 1937 (Ga. L. 1937-38, Ex. Sess., p. 912), so as to change the present mode of compensating the tax commissioner of Wilkes County from the fee system to an annual salary; to fix the commissioner's salary; to provide for clerical assistance; to provide for certain fees and commissions to be received by the commissioner; to provide for certain accounting procedures; to provide for severability; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the offices of the tax collector and the tax receiver of Wilkes County and creating

Page 3448

in lieu thereof the office of tax commissioner of Wilkes County, approved July 22, 1929 (Ga. L. 1929, p. 777), as amended by an Act approved December 3, 1937 (Ga. L. 1937-38, Ex. Sess., p. 912), is hereby amended by striking sections 4,5,6, and 7 in their entirety and inserting in lieu thereof the following numbered sections: Section 4. Be it further enacted by the authority aforesaid, that the tax commissioner of Wilkes County shall, in addition to the fees and commissions hereinafter specifically enumerated, receive an annual salary from Wilkes County of $4,000.00, payable from county funds in twelve equal monthly installments on the last business day of each month. The Commissioner shall be authorized to compensate a clerical assistant to assist him in the discharge of his duties at the rate of $10.00 per day, not to exceed 90 days during any one calendar year. Said compensation shall be payable from the funds of Wilkes County. Salary, assistant. Section 5. Be it further enacted by the authority aforesaid, that in addition to the annual salary provided for herein, it is specifically provided that the tax commissioner of Wilkes County shall be entitled to those commissions for collection of taxes in excess of a certain specified percentage of taxes due according to the Tax Net Digest, as is provided by an Act approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended, and to those fees and commissions allowed for the sale of motor vehicle license plates as is provided for in an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, and to those fees and commissions as are allowed by the Motor Vehicle Certificate of Title Act, approved March 3, 1961 (Ga. L. 1961, p. 69), as amended, as long as the services as are called for therein are performed by the tax commissioner of Wilkes County. Fees. Section 6. Be it further enacted by the authority aforesaid, that all other fees, commissions, costs, fines, emoluments, and perquisites of whatever kind received and collected by the tax commissioner of Wilkes County, except those fees and commissions specifically enumerated in section 5 hereof, shall be received, collected, and held by the tax commissioner as public funds belonging to Wilkes County

Page 3449

for the sole use and benefit of said county. All such funds received and collected by the tax commissioner and belonging to Wilkes County shall be turned over to the fiscal authority of Wilkes County by 5 p.m. on each Saturday. Same. Section 7. Be it further enacted by the authority aforesaid, that the tax commissioner of Wilkes County shall file with the board of commissioners of Wilkes County by the first day of February of each year a sworn and duly attested, complete and comprehensive statement of all fees, commissions, salary, and emoluments earned by the tax commissioner during the previous calendar year. Should the term of office of any tax commissioner be ended for any cause other than by death, the said commissioner shall file said statement within 30 days after turning the office over to his successor, and said commissioner shall not be released from bond until said statement is filed. Annual statement. Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 3. Not less than 30 nor more than 60 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Wilkes County to issue the call for an election for the purpose of submitting this Act to the voters of Wilkes County for approval or rejection. The ordinary shall set the date of such election for a day not less than 10 nor more than 15 days after the date of the issuance of the call. Such election date shall coincide with the election to be held by the ordinary for the purpose of approving or rejecting an Act placing the sheriff, clerk of the superior court, and

Page 3450

ordinary of Wilkes County on an annual salary. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Wilkes County. The ballot shall have written or printed thereon the words: For approval of the Act placing the tax commissioner of Wilkes County on an annual salary in lieu of certain fees and commissions previously received by him. Referendum. Against approval of the Act placing the tax commissioner of Wilkes County on an annual salary in lieu of certain fees and commissions previously received by him. 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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Wilkes County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4. The provisions of this Act, if approved as provided for above, shall become effective January 1, 1964. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1963 session of the General Assembly of Georgia, a bill to amend the Act creating the office of tax commissioner of Wilkes County, approved July 22, 1929 (Ga. L. 1929, p. 777) as amended, so as to place the tax commissioner of

Page 3451

Wilkes County on a salary basis in lieu of a fee basis; to provide for a referendum; to provide for the procedure connected therewith; and for other purposes. This 19th day of January, 1963. William R. Lindsey Representative, Wilkes County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William R. Lindsey, 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 24, January 31, and February 7, 1963. /s/ William R. Lindsey Representative, Wilkes County Sworn to and subscribed before me this 25 day of February, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved April 12, 1963.

Page 3452

OFFICE OF COUNTY TREASURER ABOLISHED IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 25,250 AND NOT MORE THAN 28,250. No. 480 (House Bill No. 514). An Act to abolish the office of county treasurer in certain counties; to provide for the assumption of the powers, duties and functions of the treasurer; to provide for a depository; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The office of county treasurer in all counties of this State having a population of not less than 25,250 and not greater than 28,250, according to the U. S. Census of 1960 or any such future Census, is hereby abolished. All duties, powers, and functions heretofore performed by the county treasurer shall be possessed and discharged by the Clerk of the Board of Commissioners of Roads and Revenue of such counties. Section 2. The governing authority of such counties shall designate a depository for county funds. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1963. BURKE COUNTYCOMPENSATION OF CORONER. No. 482 (House Bill No. 531). An Act to amend an Act entitled An Act to provide a maximum salary for the coroner of Burke County; to repeal conflicting laws; and for other purposes., approved March 5, 1962 (Ga. L. 1962, p. 2882), so as to change the compensation of the coroner; to repeal conflicting laws; and for other purposes.

Page 3453

Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide a maximum salary for the coroner of Burke County; to repeal conflicting laws; and for other purposes., approved March 5, 1962 (Ga. L. 1962, p. 2882), is hereby amended by striking from section 1 of said Act the words and figures one thousand seven hundred and fifty ($1,750.00) dollars and inserting in lieu thereof the words and figures two thousand ($2,000.00) dollars, so that when so amended section 1 shall read as follows: Section 1. The maximum salary of the coroner of Burke County shall be two thousand ($2,000.00) dollars. 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 three weeks in the regular issues of February 13, 20 and 27th, 1963. This is the legal organ of Burke County. /s/ Roy F. Chalker Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1963 session of the General Assembly of Georgia, a bill to provide a change in the compensation of the Coroner of Burke County; and for other purposes. This 11th day of February, 1963. M. King Tucker, Representative, Burke County

Page 3454

Sworn to and subscribed before me this 1 day of March, 1963. /s/ Reba L. Parker Notary Public, Burke County, Ga. My commission expires: 12/1/64. (Seal). Approved April 12, 1963. DODGE COUNTYCLERICAL HELP IN OFFICE OF TAX COMMISSIONER. No. 483 (House Bill No. 543). An Act to amend an Act creating the office of tax commissioner of Dodge County, approved March 24, 1933 (Ga. L. 1933, p. 506), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3030), so as to change the allowable compensation of the clerk of the tax commissioner of Dodge County; to provide for additional employees in the tax commissioner's office of Dodge County and salaries therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Dodge County, Georgia, approved March 24, 1933 (Ga. L. 1933, p. 506), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3030), is hereby amended by striking from section 5A as amended, the words and figures Said clerk shall be paid a salary of twenty-four hundred dollars ($2,400.00) per annum by Dodge County, and inserting in lieu thereof the words and figures Said clerk shall be paid an annual salary by Dodge County, the minimum of which shall be two thousand dollars ($2,000.00) and the maximum of which shall be twenty-six hundred and forty dollars ($2,640.00) as set from time to time by the commissioner of roads and revenues of Dodge County, one twelfth (1/12) of said annual salary to be paid at

Page 3455

the end of each month's service, so that when so amended, section 5A shall read as follows: Section 5A. Be it further enacted by the authority aforesaid that there is hereby created in the office of tax commissioner of Dodge County, Georgia, the office of the clerk of the tax commissioner, which said clerk shall be appointed by the tax commissioner of Dodge County, Georgia, to hold office at his pleasure. Said clerk shall be paid an annual salary by Dodge County, the minimum of which shall be two thousand dollars ($2,000.00) and the maximum of which shall be twenty-six hundred and forty dollars ($2,640.00) as set from time to time by the commissioner of roads and revenues of Dodge County, one twelfth (1/12) of said annual salary to be paid at the end of each month's service, and such compensation shall be in addition to all other salaries, fees, costs and remunerations now or hereafter allowable to the tax commissioner of Dodge County, Georgia. The tax commissioner may, or may not, require such clerk to give bond, in such amount he deems proper, for the faithful performance of his duties. The clerk shall assist the tax commissioner in the performance of the duties of his office and such other duties as the tax commissioner may direct. The tax commissioner shall be responsible for all acts of his clerk. Clerk. Section 2. Said Act creating the office of tax commissioner of Dodge County, Georgia, approved March 24, 1933 (Ga. L. 1933, p. 506), is further amended by adding a new section to be known as section 5B as follows: Section 5B. The tax commissioner of Dodge County, Georgia is hereby authorized to employ one additional employee for his office, other than the clerk to the tax commissioner, for and during five months of each calendar year, and such additional employee shall be paid a monthly salary, the minimum of which shall be one hundred and fifty dollars ($150.00) per month and the maximum of which shall be two hundred dollars ($200.00) per month as set from time to time by the commissioner of roads and revenues of Dodge County, Georgia, said salary to be paid at the end of each month's service out of the general funds

Page 3456

of Dodge County. The tax commissioner may, or may not, require such additional employee to give bond, in such amount he deems proper, for the faithful performance of his duties. Said additional employee shall assist the tax commissioner and the clerk to the tax commissioner in the performance of the duties of the tax commissioner's office and such other duties as the tax commissioner may direct. The tax commissioner shall be responsible for all acts of such employee. Other clerical help. Section 3. The salaries herein provided for shall be payable on the last day of the month following final passage and approval of this Act and thereafter on the last day of each succeeding month. Section 4. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Dodge County. Notice is hereby given that there will be introduced to the January, 1963 session of the General Assembly of Georgia a bill to increase the allowable compensation of the clerk of the tax commissioner of Dodge County, Georgia to $2,640.00 annually, to provide how and when the same shall be paid; to provide for additional employees in the tax commissioner's office of Dodge County and salaries therefor; and for other purposes. This January 22, 1963. W. S. Stuckey, Representative, Dodge County, Georgia Georgia, Dodge County. I, E. T. Methvin, do certify that I am publisher of the Times-Journal, the official organ of Dodge County, Georgia, and that the foregoing notice was published in the said

Page 3457

Times-Journal in the issues appearing on January 23rd, February 13th and 20th, 1963. This February 28, 1963. /s/ E. T. Methvin Sworn to and subscribed before me, this 28th day of February, 1963. /s/ Wilton D. Harrington Notary Public, Dodge County, Georgia. (Seal). Approved April 12, 1963. CITY OF NORTH ATLANTACHARTERED, REFERENDUM. No. 484 (House Bill No. 550). An Act to provide for the grant of a legislative charter to the City of North Atlanta in the County of DeKalb under the name and style of the City of North Atlanta; to provide that the municipality shall have perpetual succession and be vested with the right to contract, to plead and be impleaded, to buy, own and sell property of all kinds, to have and use a common seal and to do all other things necessary or needful to enjoy such rights, powers, functions, privileges and immunities as ordinarily belong to municipal corporations under the law; also to provide that the municipality have the power to purchase or otherwise receive, possess and enjoy any interest in real or personal property within or without the limits of the city, for corporate purposes; also to adopt such ordinances, rules and resolutions for the proper government of the city, consistent with the laws and Constitutions of the State of Georgia and of the United States; to provide that the municipality shall be the legal successor to the Village of North Atlanta and shall receive all

Page 3458

property of said former municipality and be responsible for all its debts and obligations; to provide that all existing valid ordinances and resolutions of the Village of North Atlanta, not in conflict with this charter, shall remain in effect, including the current Zoning Ordinance of North Atlanta and all proceedings had thereunder; to provide that the City of North Atlanta shall be made responsible for all legal debts and obligations of the Village of North Atlanta; to set out and describe the limits of the City of North Atlanta, the same being those with which the Village of North Atlanta was incorporated; to provide for a city government consisting of a Mayor, a Recorder, and five (5) Councilmen; to provide that the present Mayor, Councilmen and Recorder of the Village of North Atlanta shall continue in office until the expiration of the terms for which they have been elected; to provide that the Mayor and Council shall elect a Treasurer and a Marshal, whose offices shall continue during the pleasure of the governing body, and also a City Attorney and such additional personnel as they may find necessary; to provide for an annual general election on the second Thursday in January, notices of which shall be posted at least five (5) days immediately preceding the date for election in three (3) public places in the city, and published once a week for two (2) weeks in the official organs of the city and of DeKalb County; to provide that special elections may be called by the Mayor and by a majority of the members of Council under the same provisions for notices of such election as for the annual general elections; to provide that a candidate for Mayor or for City Council must be at least twenty-five (25) years of age and a resident of the municipality for at least one (1) years immediately prior to the election; to provide that any resident of the city who has resided therein for at least six (6) months preceding the date set for the election and is entitled to vote in the general elections of DeKalb County shall be qualified to vote in the city elections; to provide for terms of office for all elected officials of the city, and for the filling of vacancies by election by the City Council or by special election; to set forth the powers of the Mayor of the Municipality

Page 3459

and of the Mayor pro tempore; to provide for veto by the Mayor of ordinances and resolutions and for overriding such veto; to provide for impeachment of officials and procedure thereunder; to provide authority to the Mayor and Council to grant and fix salaries for officers, appointees and other employees of the city; to provide for recall of any elected officer or member of the governing body and procedure thereunder; to provide for the establishment of a Mayor's Court and the procedure in such court; to provide for the granting of franchises to public utilities and other enterprises; to provide for the affirmance and ratification of the current Zoning Ordinance and for further ordinances amending said ordinance; to provide for authority to regulate the establishment of trailer parks and other places of public parking in the city limits; to provide for authority to permit the establishment of airports and to regulate the operation of the same and to regulate the speed and altitude of aircraft flying over the city; to provide for authority for the levying of taxes whenever requested by petition of thirty (30%) percent or more of the qualified voters of the municipality; to provide for a tax ordinance for the regulation of the assessing and collection of ad valorem taxes when authorized by the governing body; to provide for authority for the issuance of municipal bonds and revenue anticipation certificates when necessary for the purpose of financing any public improvement, and subject to the provisions of the Revenue Bond Law of Georgia; to provide for authority for the taxation of all businesses, trades, occupations and professions carried on within the limits of the city; to provide for the registration of all persons, firms or corporations engaged in any trade, business or profession within the corporate limits; to provide for continuing cooperation with DeKalb County in all enterprises and agreements in which the city and county are jointly interested; to provide for the establishment of a police department; to provide for the assumption of control, whenever found necessary, over the streets and sidewalks of the city; to provide for the grant of the power of eminent domain; to provide for authority for the establishment and maintenance of a

Page 3460

system of sewers and drains and the creation and maintenance of a sanitary department; to provide for authority to prevent livestock from running at large in the city and to regulate the keeping of the same; to provide for authority to create a Bird and Wildlife Sanctuary; to provide for the authority to condemn private property for public purposes; to provide for the control and regulation of the operation of bicycles, automobiles, railroad trains and any and all other kinds of vehicles in the city limits; to provide for the authority to establish fire limits for the city and to change the same; to provide for definition and regulation and abatement of nuisances; to provide for codification of the charter, by-laws and ordinances of the city; also to provide for the grant of certain additional powers, including the organization of a board of health, the regulation of cemeteries, parks and markets, of the keeping of explosives and the granting of franchises, easements and rights of way in the public streets, sidewalks, alleys and parks and to equip and maintain a fire department, a city system of water works, and a city prison, and to regulate the operation of television and radio stations and sirens, sound trucks and other noise producing devices; also to provide for a referendum election in connection with this charter; and for other purposes. Be it enacted by the General Assembly of Georgia: Article I . Section 1. Incorporation, Powers, and Corporate Name . The City of North Atlanta in the County of DeKalb is hereby incorporated under the name and style of the City of North Atlanta. Said city, as a municipality, shall have perpetual succession and is vested with the right to contract and be contracted with, to plead and be implealed, to buy, own, enjoy and sell property of all kinds, and to have and use a common seal, and to do all other things and acts that 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

Page 3461

body, under the name and style of the City of North Atlanta, shall have the right, power and privilege 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 the law, any interest in any real or personal property of whatsoever kind or description, within or without the limits of said city, for corporate purposes, subject to the restrictions contained in this charter. Said city shall have the right to adopt such ordinances, rules, regulations and resolutions for the welfare and proper government of the city, and for the transaction of the business thereof, as may be deemed good and proper, consistent with the laws and constitutions of the State of Georgia and of the United States. Said municipality shall be the legal successor to the Village of North Atlanta in DeKalb County, which was incorporated by order of the Superior Court of said County in 1924. It shall receive all of the property of said former municipality and be responsible for all debts, contracts and obligations for which said Village of North Atlanta is now obligated. Section 2. Existing Ordinances . All existing, valid ordinances, resolutions, rules, by-laws and regulations of the Village of North Atlanta not in conflict with the provisions of this charter shall remain in effect until altered, amended, or repealed by the City of North Atlanta. This shall include the Zoning Ordinance last enacted by the Village of North Atlanta and all proceedings had thereunder, not in conflict with the provisions of this Charter. Section 3. Prior Debts . The City of North Atlanta is hereby made responsible as a corporate body for all legal debts, contracts and obligations for which the Village of North Atlanta, as incorporated in the Superior Court of DeKalb County as aforesaid, is now obligated. Section 4. Corporate Limits . The corporate limits of the City of North Atlanta shall be the same as those with which the Village of North Atlanta was incorporated in DeKalb Superior Court, and as set forth in the map of the municipality

Page 3462

of North Atlanta prepared for and adopted by the North Atlanta-DeKalb County Planning Commission, said limits being described as follows: All that tract and boundary of land situated in the 18th District of DeKalb County, Georgia, including all of Land Lots 240, 242, 272, 273, 274, 275, 276, 277, 301, 302, 303, 304, 305, 306, 326, 327, 328, 329, 330 and 331, together with parts of Land Lots 239, 240, and 241 of said District, and being more particularly established and described as follows: Beginning at the intersection of the county line between the counties of Fulton and DeKalb with the center line of the right-of-way of the Southern Railway, and running thence north with said county line to the northwest corner of Land Lot 329 of said 18th District of DeKalb County; thence running east, along the northern boundary of said Land Lots 329, 330 and 331 of said District, to the northeast corner of said Land Lot 331; thence running south along the east boundary lines of said Land Lots 331, 326, 306, 301, 277, 272 and 242 to the southeast corner of said Land Lot 242; thence running west along the southern boundary of said Land Lot 242 to the southwest corner of the property formerly owned by W. T. Ashford in Land Lot 241; thence running northward to the southeast corner of the property formerly owned by John Kelly; thence running westward along the southern boundary of said Kelly property, and in a straight line to and across the right-of-way of the Southern Railway, to the center of Peachtree Road; thence running in a southwesterly direction along the center of Peachtree Road to the intersection of Peachtree Road with North Druid Hills Road; thence running in a southerly direction along the center of North Druid Hills Road to the intersection of the center of North Druid Hills Road with the center of the right-of-way of the Southern Railway; thence running in a southwesterly direction along the center of the right-of-way of the Southern Railway to its intersection with the county line between Fulton and DeKalb counties, the point of beginning.

Page 3463

Article II . Section 1. Form of Government . (a). The municipal government of the City of North Atlanta shall consist of a Mayor, a Recorder, and five (5) Councilmen who together shall form a common council. The Recorder shall be ex officio a member of Council and shall serve as such. The present Mayor and Councilmen and Recorder of the Village of North Atlanta shall continue in office until the expiration of the term for which they have been elected, and until their successors are duly elected and qualified, as hereinafter provided, and they shall have and exercise all the rights, powers and duties hereby conferred on the Mayor and Councilmen and Recorder of the City of North Atlanta. (b). The Mayor, Recorder and Councilmen of the municipality, and their successors in office, shall be a body politic and corporate by the name of the City of North Atlanta. All the corporate powers of such corporation shall be exercised by the Mayor and Council or under their authority, except when otherwise provided herein. (c). The Mayor and Council shall elect a Treasurer and a Marshal, each of whom, when elected, shall enter into a bond with sufficient surety as approved by the Mayor, in such penal sum as the Mayor and Council shall prescribe, payable to the corporation, conditioned faithfully to collect and pay over all taxes, fines, forfeitures, and all other monies due said corporation. Such officers shall continue in office during the pleasure of the governing body and shall perform the duties herein prescribed, as well as such other duties as may be required by it. (d). The Mayor and Council shall also elect a City Attorney and such additional personnel as they may find necessary, and it shall be optional with the Council as to whether such additional personnel shall be required to give bonds. Section 2. General Election . The municipality shall hold a general election once each year for the election of officers and for other business that may legally be included.

Page 3464

The time of said general election shall be the second Thursday in January, unless officially changed by proper ordinance or resolution of the governing body. Notices of the election shall be posted at least five (5) days immediately preceding the date set for the election, in three (3) public places in the City, and published once a week for two (2) weeks immediately preceding the date set for the election in the official organs of the city and of DeKalb County. The arrangements for the election shall be prescribed by proper ordinance or resolution of the governing body. Section 3. Special Elections . A special election may be called by the Mayor and by a majority of the members of Council for any legal purpose, at such time as may be selected by the authority under which it is called. Notice of such special election shall be posted at least five (5) days immediately preceding the date set for the election in three (3) public places in the city, and published once a week for two (2) weeks immediately preceding the date set for the election in the official organs of the city and of DeKalb County. The arrangements for the election shall be carried out as in the case of general elections. Section 4. Qualifications of Officers . A candidate for Mayor or Recorder or for City Council must be at least twenty-five (25) years of age, and must have resided in the municipality for at least one (1) years immediately prior to the election and shall have been registered as a qualified voter for at least six (6) months prior to the election. Should the Mayor or Recorder or any Councilman, during his term of office, remove his residence from the city, or otherwise cease to be a bona fide resident thereof, his office shall thereby become vacant. Section 5. Qualifications of Voters . Any resident of the City who has resided therein for at least six (6) months preceding the date set for an election, and who is entitled to vote in the general elections of DeKalb County, shall be entitled and qualified to vote in the elections of North Atlanta. Section 6. Term of Office . The officers elected for the City of North Atlanta under this charter shall hold their

Page 3465

offices until their successors are elected and qualified. The terms of office of the Mayor and of the Recorder shall be for two (2) years. At the first election the Mayor and three (3) councilmen shall be elected for two (2) year terms, these councilmen being those three candidates who have received the highest numbers of votes. At this election the Recorder, and two candidates for councilmen shall be elected for one (1) year terms, these councilmen being those receiving the next highest numbers of votes after the three Councilmen elected for the two year term. Thereafter, at all elections, the candidates shall be elected for two (2) year terms. Section 7. Vacancies . When not more than two (2) vacancies have occurred in the City Council during an interval between regular monthly meetings, such vacancies may be filled by election by the remaining Councilmen; but when more than two vacancies in Council have occurred during said interval, whether in the offices of Mayor, Recorder or Councilmen, such vacancies shall be filled by a special election. Section 8. Powers of the Mayor . The Mayor shall be the chief executive officer of the municipality, and shall see that all ordinances, rules and regulations of the City are properly executed. He shall approve all bills against the City before they are paid by the Treasurer. He shall have general jurisdiction of the affairs of the city not in conflict with the jurisdiction of the Mayor and Council as a body corporate. He, in conjunction with the Police Committee, if one should be appointed, shall have control of the Marshal and other police officers of the city, and, with the approval of the City Council, may appoint special police whenever, in his or their judgment, it is necessary. The Mayor shall be ex officio chairman of all general committees appointed by the Mayor and Council. He shall have the powers of a Justice of the Peace to issue warrants for offenses against state laws committed in the city, and to hold courts of inquiry and bind over offenders against such laws, and shall receive the same fees as are allowed Justices of the Peace for similar work under the laws of the State

Page 3466

of Georgia. He shall have the right to commit to jail any person for violation of any state law, without the issuing of a warrant, when such person shall have been brought before him, and there is probable cause to suspect that such person has violated a state law. He shall have no jurisdiction of a Justice of the Peace in civil cases. Section 9. Mayor Pro Tempore . At the first Council meeting in each year, the Council shall elect one of its members as Mayor pro tempore, whose term of office shall be one (1) year, beginning at the time of his election, and who shall hold office until his successor is elected and qualified. As a member of the Council, the Mayor pro tempore shall be allowed a vote on all questions, whether there be a tie or not, and, in the absence or disqualification of the Mayor, the Mayor pro tempore shall exercise all of the functions and duties of the office of Mayor. Section 10. Veto . The Mayor shall have authority to veto any measure passed by the Council. Such veto must be exercised within ten (10) days from the enactment of the measure, or before the next regular meeting of Council, whichever is the shorter period of time, and notice of veto must be given to Council before the next regular meeting and not later than five (5) days after the date of the veto. The Council may override the veto by a two-thirds ([UNK]) vote of the full Council. Section 11. Impeachment . The Mayor and Council of the municipality shall have the sole right to try impeachments of all officials of the City. When sitting for that purpose they shall be under oath or affirmation to be administered by the City Clerk or by any other officer authorized by law to administer oaths. When the Mayor is to be tried, the Council shall select one of their number to preside. No person shall be convicted without the concurrence of all members present. Section 12. Salaries of Officers . The governing authority of the municipality is authorized and empowered to grant and fix salaries, annual or otherwise, for its officers and

Page 3467

appointees, and to pay fees for services by personnel employed by it; provided, however, that the salary of the Mayor shall not exceed $360.00 per year and the salaries of the Councilmen and Recorder shall not exceed $240.00 per year each. Section 13. Recall . Any officer or member of the governing body of the City who is elected by vote of the people shall be subject to removal during their respective terms of office in a proceeding which shall comply with the provisions set out in the Act of 1951 of the Legislature of Georgia, and as now codified in section 69-1011 of the Code of Georgia of 1933. Article III . Section 1. Mayor's Court . There is hereby established a court to be known as the Mayor's Court of the City of North Atlanta. Said Court shall be presided over by the Mayor of the City, and, in the absence or disqualification of the Mayor, the Recorder shall preside, and shall exercise the same powers and duties as the Mayor when so acting. Should both the Mayor and the Recorder become disqualified, then the Mayor pro tempore shall preside and shall exercise the same powers and duties as the Mayor when so acting. At any hearing they may all preside jointly, if they agree that it is desirable or necessary, and they may, in all cases, request and allow the City Council of North Atlanta as a body to sit with them at the trial. Section 2. Sessions . The Court shall convene at such time as may be selected by the Mayor, and, unless otherwise directed, on the same day of each month at which the regular meetings of the City Council are held. Section 3. Clerk . The City Clerk of the municipality shall be ex officio clerk of the Mayor's Court, and shall have such authority, powers and duties as customarily pertain to such office, or may be required of him by the Court. Section 4. Jurisdiction . All offenders against the ordinances and laws of the city shall be tried by the Mayor's

Page 3468

Court, and said Court may impose such punishment as is provided by the laws and ordinances of the city, for offenses of which the accused may be found guilty. Section 5. Summons . It shall be the duty of the Clerk of the Mayor's Court, in all cases where complaint is made or information obtained of any violation of any law or ordinance of the city, to issue a summons bearing teste in the name of the Mayor and Council of the City and directed to the accused, requiring him to appear before the Mayor's Court to answer said charge, which summons shall designate the time and place of trial. It shall be signed by the Mayor and a copy thereof shall be served upon the accused personally. Section 6. Failure to Appear . Any person summoned as aforesaid, who shall neglect or refuse to appear, or to make a satisfactory showing for such failure or neglect, may be fined in a sum not exceeding one hundred ($100.00) dollars. The cause may be continued until such time as the court may direct, and the court shall issue an order requiring the Marshal to arrest the offender and bring him before the Court to answer the charge of contempt of court. Section 7. Rights of Defendant . Any person charged with an offense against the ordinances of the city shall have compulsory process for obtaining witnesses in his behalf, and shall have a speedy trial before the court. He shall be confronted with the witnesses against him, and have the privilege of cross examination, as in the Superior Courts of the State, and shall have the privilege of defending himself by counsel or by himself, as to him shall seem proper. Section 8. Subpoenas . The court shall have authority to issue subpoenas directed to any witness and to compel his attendance at trials to testify as provided by law. Subpoenas shall be issued by the Clerk and signed by the Mayor. If any person subpoenaed as a witness shall fail or refuse

Page 3469

to attend trial, or to render a sufficient excuse for his failure to appear, he may be fined by the Court as a defaulting witness in the sum of not to exceed fifty ($50.00) dollars. Section 9. Judgment . Unless otherwise specifically provided, any person convicted of violating any provisions of any ordinance of the city may be punished by a fine not to exceed one hundred ($100.00) dollars and costs, or sentenced to serve not more than thirty (30) days in the DeKalb County or city jail, either or both, at the discretion of the Mayor. In each case of conviction the costs accessable shall be two ($2.00) dollars. Section 10. Arrests and Bonds . When any arrest is made by the Marshal or any policeman of the City of North Atlanta, he may take bond for the appearance of any such person arrested before the Mayor's Court for trial, and all such bonds may be forfeited as provided in this charter. The Marshal and any policeman of the City shall have power and authority to arrest without warrant any person or persons within the corporate limits of the City, who, at the time of said arrest, is violating any ordinance of the City. When any violator or offender is endeavoring to escape, the Marshal or any policeman of the City shall have the authority to arrest and to hold such person until a hearing of the matter before the proper officer can be had, and, to this end, said arresting officer is authorized to imprison and confine any person arrested by him in the jail of the City or the jail of DeKalb County, for a reasonable length of time. The Marshal and policeman of the City are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands, charging any person with violating the criminal laws of the State of Georgia. The Marshal or policemen of the City, if deputized, are also authorized to make arrests anywhere within the limits of DeKalb County, Georgia, of any person charged with violating any of the ordinances of the City of North Atlanta. In all cases where persons arrested are permitted bail, the amount of the penalty of the bond shall be named by the Mayor, or, in his absence, by the Clerk of the Court. Section 11. Procedure . All reasonable rules and regulations

Page 3470

relative to procedure and to the operation of said Mayor's Court may be enacted by the Mayor and Council, provided that such rules and regulations shall be consistent with the provisions set forth in this Charter, and in conformance with the Constitution of the United States and of Georgia, and all laws of general application thereunder. Section 12. Procedure . In addition to the powers and authority hereinbefore prescribed for the Mayor's Court, it shall have all further authority, privileges and powers as are vested in the courts of similar jurisdictions provided for by the general laws of the State of Georgia. Section 13. Certiorari . Certiorari to the Mayor's Court shall lie in the same manner and under the same procedure as is prescribed by law for certiorari to the various justice courts of the State. Article IV . Section 1. Franchises . The municipality shall have, within the limitations fixed by the Constitution of Georgia or general law or other provisions of this charter, all the power necessary, requisite or proper to grant franchises to or make contracts with railroads, street railways or urban or inter-urban transportation companies, electric light and power companies, gas companies, steam heat companies, telephone and telegraph companies, water companies, and other public utilities containing provisions for the use and occupancy of the streets of the city for the purpose of rendering utility services, upon such conditions and for such time as the governing authority of the municipality may deem wise. The Mayor and Council shall determined the duration, provisions, and terms of such franchises and whether the same shall be exclusive or non-exclusive, and the consideration therefor. Provided, however, that no franchise shall be granted for a period in excess of fifty (50) years. The Mayor and Council may provide by ordinance for the registration within a reasonable time of all franchises previously granted by the municipality, and for registration of future franchises.

Page 3471

Section 2. Zoning . The enactment by the Village of North Atlanta of the Zoning Ordinance adopted on January 13, 1959, and now in effect, is hereby affirmed and ratified, and all the provisions of said Ordinance as now amended are hereby affirmed and established in full force and effect, including the provisions for the establishment of a joint North Atlanta-DeKalb County Planning Commission. The municipality shall have full authority for the enactment of further ordinances amending said Zoning Ordinance or repealing the same, in whole or in part. Provided, however, any ordinance repealing said Zoning Ordinance shall first be submitted to the qualified voters of the municipality in a special election, after the same shall be requested by the petition of thirty (30%) per cent of such voters or after the same shall be called by resolution adopted by a two-thirds ([UNK]) vote of the entire council. Section 3. Trailer Parks . The governing authority of the city shall have the power and authority to regulate and/or prevent the establishment of trailer parks or other places of public parking of automobiles or trailers in the city limits. Section 4. Airports and Airplanes . The City shall have authority to permit the establishment of airports in the city, and is given full authority to regulate the operation thereof and/or to discontinue the operation when found necessary or desirable. Article V . Section 1. Taxation . It shall be the purpose of the City of North Atlanta to continue in effect the policy and practice of the Village of North Atlanta of operating the municipal government without the levying or assessment of any ad valorem tax on property in the municipality. This purpose and policy shall be changed only when the City shall find that its increase in population and the growing demands for additional functions of City government arising from such increase in population, or other causes, have brought about a condition which renders necessary the raising of revenue additional to that provided by the present

Page 3472

sources of income of the City. The Mayor and City Council may thereupon adopt a resolution authorizing the circulation of a petition or petitions by any citizen or number of citizens of the municipality calling for an election in which there shall be submitted to the qualified voters of the City the choice of voting for or against the levying and assessment of an annual ad valorem tax on all property, real, personal or mixed, lying and being in the City limits, except such as is exempt from taxation by law. If such petition or petitions shall be signed by thirty (30%) per cent of the qualified voters of the city, according to the last available registration list, and presented to the Mayor, such election shall be called within ninety (90) days from receipt of the petitions and held under the rules and regulations governing the annual general elections of the City. The result of the election shall be declared by the Mayor and published in the official organ of the city. If a majority of the votes cast are in favor of the levy of an ad valorem tax, a tax ordinance shall be enacted by the Mayor and Council as early as practicalbe. Section 2. Rate and Assessments . Said tax ordinance shall provide for a levy of an ad valorem tax of not exceeding ten (10) mills on each One ($1.00) Dollar valuation of taxable property in the municipality. It may adopt the assessments made on this property by DeKalb County, or it may provide for the appointment of a local board of assessors and may provide that one or more members may be non-residents of the city or of the county. The ordinance may adopt the laws and regulations observed by DeKalb County in the requirement of its tax returns and in the collection of the tax, or it may set up its own rules and regulations for returns and collections. It may provide for the equalization of assessments and valuations by a local board or may accept the figures of the DeKalb County board. The ordinance shall provide for executions for unpaid

Page 3473

taxes, which shall draw interest at seven (7%) per cent per year, and for the sale of property for the satisfaction of such executions. It shall provide for redemption of the same at any time within seven (7) years from the date of the sale. Any person dissatisfied with the assessment made on his property may appeal therefrom to the Mayor and Council under such regulations as they may prescribe, and may appeal from their decision to the Superior Court by certiorari, as provided by general law. Section 3. Municipal Bonds . Under and in accordance with the limitations and procedure provided for in the Constitution of the State of Georgia and the general laws of the state applicable to municipalities, the City of North Atlanta shall have the right, power and authority to issue bonds of the municipality and, with the funds arising from the sale of such bonds, may refund any existing debt, or may establish and maintain a system of water works, or of sewerage, or of garbage collection and disposal, or may erect public buildings, or lay out or improve streets, sidewalks and other public ways, or make other public improvements for the use of the citizens of the municipality. And the governing authority of the city shall also have the power and authority to issue revenue anticipation certificates or bonds, when necessary for the purpose of financing any public improvement, system or utility mentioned in this section, all subject to the provisions of the legislative Act known as the Revenue Bond Law of 1937, as now or hereafter amended. Article VI . Section 1. Business Licenses . The power is hereby granted to the City to provide by ordinance for the registration and licensing of any trade, business, occupation, vocation or professional, and any and every other undertaking pursued for the purpose of personal gain or profit of whatever nature, engaged in or carried on within the limits of the City, and including any business enterprise or occupation for which state licenses are required in the

Page 3474

State of Georgia, and regardless of whether or not the subject has an office or establishment within the City. The Mayor and Council are authorized to fix the amount, terms and manner of issuing and revoking licenses, provided that this authority is subject to the constitutions and laws of the United States and of the State of Georgia. This power is conferred for the purpose of regulation under the police power of the City, and for the purpose of raising revenue for the operation of the city government through the imposition of a tax or fee for the privilege of operating within the city. This authority extends over individuals, partnerships, associations and corporations, and their agents. Section 2. Registration of Business . The Mayor and Council shall have authority to require any person, firm or corporation, whether resident or non-resident of the City, engaged in or carrying on any trade, business, calling, vocation or profession, within the corporate limits of the City, by themselves or agents, to register their names and business, callings, vocations or professions, annually, and to require them to pay a license tax for the privilege of carrying on in the city such business, calling, vocation, or profession, in such amount as the governing body may by ordinance prescribe. Article VII . Section 1. Cooperation with DeKalb County . It shall be the policy of the City of North Atlanta to continue as far as practicable the close cooperation with DeKalb County that has heretofore been the policy of the Village of North Atlanta. All existing agreements between the municipality and the county are hereby ratified and confirmed as agreements between the city and the county, and need not be re-drafted or renewed. The City of North Atlanta, however, shall have full power and authority, which it may exercise at any time, to recover from the county any right, privilege, power or authority now exercised by the county over the territory and inhabitants of the city, or its governmental operations,

Page 3475

which ordinarily are prerogatives of a municipal corporation. On the other hand, the city is authorized and empowered to surrender and relinquish to DeKalb County other and additional rights and functions which the city may find it to be to its best interest to have such county discharge, but reserving to the city the right to re-assume such rights and functions whenever it may find it desirable. Section 2. Police Department . The municipality of North Atlanta is authorized at any time to provide by proper ordinance or resolution for the establishment and operation of a Police Department for the city, and to provide for the employment and payment of as many peace officers to serve in this department as they may deem necessary. It is also authorized and empowered to cooperate with DeKalb County in the joint employment of such other policemen, deputy sheriffs, bailiffs, and other peace officers as the city and county may agree upon. Article VIII . Section 1. Street Improvements . The mayor and council are hereby vested with the power to lay out, open, widen, change, straighten, alter, improve, vacate, abandon, and otherwise exercise complete control over the streets, alleys, squares and sidewalks of the city. Section 2. Eminent Domain . In order to carry out the powers granted, the power of eminent domain is conferred upon the mayor and council. The power of eminent domain shall be exercised in accordance with the Georgia Code of 1933, Chapters 36-2 through 36-6 and all laws amendatory thereof or supplemental thereto. Section 3. Sewers and Drains . The power is hereby granted to the mayor and council to provide for the establishments, extension and maintenance of a system of sewers and drains, together with a sewerage disposal system. For these purposes the city is granted the power of eminent domain. Power of eminent domain shall be exercised in

Page 3476

accordance with Chapters 36-2 through 36-6, Georgia Code of 1933, subject to such amendments and supplements as shall be enacted thereto. Section 4. Sanitary Department . The City of North Atlanta is authorized and empowered to create and maintain a Sanitary Department, and to elect or appoint officers and employees for such department, and to prescribe their duties, and fix their salaries. The city may also, by proper ordinance, prescribe sanitary regulations for the city, and collect charges for the same against such persons, firms or corporations for which the department may render service. Section 5. Live Stock Regulations . The governing authority of the city is authorized and empowered to prevent livestock from running at large in the municipality, and to regulate or prevent the keeping of hogs, goats, poultry and poultry houses and other domestic animals within its limits. It may impound animals when found upon the streets of the City, and charge such fees for keeping the same as may be by ordinance provided, and when the owner of such livestock fails or refuses to pay the impounding fee and the keep of such livestock, may provide for its sale at public outcry, and the application of the proceeds to the payment of the impounding fee and cost of keeping the animal. Section 6. Bird Sanctuary . The governing authority of the city shall have the power and authority to create a Bird and Wild Life Sanctuary within the limits of the municipality. The Mayor and Council may, by ordinance, prohibit the killing of any bird or other wild life creature within the city limits. Article IX . Section 1. Condemnation . The City of North Atlanta shall have authority to condemn private property within the limits, except the property of any existing public utility, for any public purpose, such as establishing public streets, sidewalks, parks, public schools and playgrounds; for rights-of-way for any water supply, gas, or sewer line, or sewerage disposal plant; for sites for building or enlarging any

Page 3477

public building, reservoir, or structure necessary for the operation of its fire department, water plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of the 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 may be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, or an 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 the Georgia Code of 1933, Section 36-601 et seq. Section 2. Regulation of Traffic . The Mayor and council of the City of North Atlanta shall have full authority to control and regulate the running and operation of bicycles, automobiles, motorcycles, railroad trains, and any and all other kinds of vehicles, whether operated or propelled by hand, foot, steam, electricity, atomic power or energy, or other motive power, or otherwise, and to prescribe the rate of speed at which any of the same may be run or operated; and said Mayor and council shall have authority to provide for the registration and licensing of any of said vehicles which may be owned by residents of said city, and to do and provide all other things they may consider necessary or to the best interest and safety of the public in connection therewith. The Mayor and council shall have authority to enact and enforce ordinances that may be necessary to effectuate the provisions and purposes of this section, and to provide penalties for violations thereof. Section 3. Fire Limits . The mayor and council shall have the right and power to establish fire limits for the City of North Atlanta, and to change the same from time to time, and to regulate the material and manner of building houses, buildings and other structures therein, and to establish a system of building inspection, and to regulate or condemn all buildings and structures that are dangerous to the safety of the public generally or to any citizen, and to have

Page 3478

the same made safe or removed at the expense of the owner; and upon the failure of the owner to make them safe or remove them, the mayor and council may have the same done and collect the expenses of the same from the owner or owners thereof by execution. The mayor and council are authorized to enact ordinances to carry out the provisions of this section. Section 4. Nuisances . The mayor and council of the City of North Atlanta shall have the right, power and authority to abate any nuisance in the City of North Atlanta, and anything in the nature of a nuisance likely to endanger the health, best interest or well being of the City of North Atlanta or of any inhabitant thereof, and may abate any such thing or nuisance in a summary manner; and the mayor and council of the city shall have the power and authority to define, prohibit, abate, suppress and prevent within the city all nuisances and causes thereof detrimental to the health, morals, safety, convenience and welfare of the inhabitants of the city; and the mayor and council shall have full power and authority to enact and enforce such ordinances as may be necessary to make fully effective the provisions of this section. Section 5. Codification . The ordinances of the city, its by-laws and charter may at any time be codified into one book to be known as the Code of the City of North Atlanta, and the same shall be adopted by the council. When said Code is adopted it shall be admissable in evidence in any court of law upon the certificate of the clerk in the name of the mayor stating that the same is the official code of the City of North Atlanta. Article X . Section 1. Additional Powers . In addition to the powers and authority vested in the City of North Atlanta by the general laws of this State, and to those hereinbefore granted by this charter, the mayor and council of said miunicipality 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

Page 3479

the United States or of this State, to provide for any or all of the following purposes: (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 the city. (b). To create and organize a board of health in said city and to prescribe its powers and duties and to maintain such board; to provide for quarantine in the treatment of contagious, infectious or dangerous diseases, in said city, and to own or 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 city; to own or contribute to the support and maintenance of swimming pools, golf links, tennis courts and playgrounds, either within or without the corporate limits of said city. (d). To regulate and prohibit the keeping of explosives and other dangerous substances in the fire limits and at other places in said city; to regulate or prohibit the sale and shooting of fireworks and other explosives in the city; and to regulate the erection and maintenance of steam boilers in the city. (e). To regulate the character of buildings to be erected in said city and to adopt and enforce building requirements and/or permits, and to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same, and to regulate plumbing and electric wiring in structures in the city. (f). To prevent or condemn encroachments or obstructions in, upon or over any sidewalk, street or alley, and to require removal of such.

Page 3480

(g). To grant franchises, easements and right-of-way, in, under or along the public streets, sidewalks, alleys, parks, or other property of said city, on such terms and conditions as may be prescribed by its governing authority; and to regulate in any manner not in conflict with State or Federal law all public service or utility corporations doing business in the city. (h). To establish, equip and maintain a fire department. (i). To establish, equip and maintain a city water system and department. (j). To provide, equip and maintain a prison and to regulate the same; and to provide for the working of convicts on the streets of said city or any public of the city, both within and without its corporate limits. (k). To prescribe and regulate the use of the streets of the city and to clarify said streets and regulate the use thereof according to such classifications; to prohibit the sale or barter of any merchandise or other product from any stand, vehicle, or conveyance on the public streets, sidewalks or ways of the city; to limit and regulate the speed of all trains, engines (diesel or steam), vehicles or motor vehicles on said streets, and the operation thereof. (l). To prescribe and regulate the fees of drays, hacks, taxicabs, jitneys, trucks and transfer companies operating in said city and to regulate the operation thereof. (m). To suppress and prohibit houses where illegal, immoral or disorderly practices are carried on. (n). To lay out and open new streets and alleys in said city and to change the grades thereof. (o). 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 the issuance and collection of tax and other executions.

Page 3481

(p). To require connection with water and/or sewerage by property owners whose property abuts on streets having water and/or sewer mains therein. (q). To enact ordinances for the control and regulation of vehicular traffic in and around any airport located in the municipality. (r). To regulate the equipment and operation of television and radio stations in the boundaries of the municipality. (s). To control, regulate or prohibit the use of sirens, loud-speakers, sound-trucks or other noise-producing devices for purposes other than in connection with the operation of fire and police department equipment, hospital ambulances, Civil Air Defense sirens and other public warning systems. Article XI . Section 1. Regular Meetings . There shall be a regular meeting each month of the City Council to be held on the night of the second Tuesday, unless changed by a duly enacted Ordinance. Section 2. Special Meetings . The Mayor may call a special meeting of the City Council upon not less than 48 hours' notice by letter, telephone or other appropriate form of notice to each member of the Council. Such notice shall state the purpose of the meeting and the time and place. Upon the attendance of three or more members of Council, the meeting shall be called to order by the Mayor, if present, or by the Mayor pro tempore, or, in his absence, by any member of the Council. Section 3. Same . Three or more members of the City Council may jointly call a Special Meeting of the Council when the Mayor is incapacitated or is not available, or, for any other reason, fails or refuses on demand of a Council member to call such meeting. The provisions of the preceding section hereof as to notice and purpose and time and

Page 3482

place of the meeting shall be observed. The Mayor shall preside, if present, or the Mayor pro tempore in the absence of the Mayor. In the absence of both, any member of Council may preside. The minutes shall show the proper compliance with these provisions. Any member of Council present may record the minutes. Section 4. Quorum . At all meetings of the City Council, a majority of the members of Council shall constitute a quorum. No business, other than to adjourn the meeting, can be transacted by less than a quorum. Section 5. Rules of Order . All meetings of the City Council shall be held, as far as practicable, in accordance with the parliamentary rules of Roberts Rules of Order. Article XII. Section 1. Referendum . Not less than thirty (30) nor more than forty-five (45) days after the approval of this Act by the Governor, or it otherwise becomes law, it shall be the duty of the present Mayor and Council of the City of North Atlanta to issue a call for an election for the purpose of submitting three alternatives to the voters of the City of North Atlanta. The date of the election shall be set for a day not less than thirty (30) nor more than forty-five (45) days after the issuance of the call. The City Clerk shall cause the date and purpose of the election to be published once a week for two (2) weeks immediately preceding the date thereof in the official organ of DeKalb County and of the City. The ballot shall have written or printed thereon the words: 1. For approval of the Act granting a legislative charter to the City of North Atlanta. 2. Against approval of the Act granting a legislative charter to the City of North Atlanta and for the retention of the present charter of the Village of North Atlanta. 3. Against approval of the Act granting a legislative charter to the City of North Atlanta and for the surrender of the present charter of the Village of North Atlanta.

Page 3483

If a majority of the votes cast on such questions are for approval of the Act, it shall become of full force and effect as hereinafter provided. If a majority of the votes cast on such questions are against approval of the Act and for retention of the present charter of the Village of North Atlanta, then this Act shall be void and of no force and effect. If a majority of the votes cast on such questions are against approval of the Act and for surrender of the present charter of the Village of North Atlanta, then the General Assembly of Georgia shall at its regular 1964 session abolish the Village of North Atlanta and cause its territory to return to the unincorporated area of DeKalb County. If neither of the three alternatives receives a majority of the votes cast on such questions then a second referendum shall be held on the fourteenth (14th) day following the first referendum at which time there shall be presented to the qualified voters a ballot containing the two alternatives receiving the highest number of votes at the first referendum in the form as specified above. The City Clerk shall cause the date and purpose of the election to be published one time during the week immediately preceding said election in the official organ of the City and of DeKalb County. The alternative receiving the highest number of votes at the second referendum shall become effective in the manner set forth hereinabove. The expense of such elections shall be borne by the municipality. It shall be the duty of the Mayor and Council of said City to hold and conduct such elections. They shall hold them under the same rules and regulations as govern general elections in the city, 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 elections. It shall be their further duty to certify the results thereof to the Secretary of State of Georgia. Section 2. Effective Date . If this Act shall be approved at the referendum provided for in Section 1 hereof, it shall become of full force and effect immediately. Provided, however, that the present Mayor and Council and all other elective and appointed officials and employees of the City shall remain in office until their successors in office are

Page 3484

duly elected and qualified. In the discharge of their duties they shall be governed by the provisions of this charter from its effective date. Section 3. Severability . 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 ruling shall not have the effect of destroying or impairing the validity of the remaining part, unless expressly so held. 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 February 14, 21 28, 1963. The DeKalb New Era /s/ W. H. McWhorter, Managing-Editor Notice of Proposed Local Legislation. Notice is hereby given that application will be made at the January, 1963, session of the General Assembly of Georgia for the passage of an act to create a legislative charter for the City of North Atlanta in DeKalb County as successor to the Village of North Atlanta, to vest in it all the powers, privileges and immunities ordinarily granted to municipal corporations, including the power to acquire and hold real and personal property for corporate purposes, to be responsible for the debts and obligations of the Village of North Atlanta and to receive all property belonging to it, to retain in effect all existing valid ordinances not in conflict with this charter, to establish the city limits of the

Page 3485

municipality as the same as the boundaries of the Village of North Atlanta, to provide for a city government, for qualifications of candidates for office and for an annual election of officers, to provide for a mayor's court, to provide for granting franchises to public utilities, for the establishment of airports and regulating the same, to authorize the governing body to levy and assess ad valorem taxes when requested by petition of 30% or more of the qualified voters, to provide authority for issuing municipal bonds when necessary for financing public improvements and subject to Revenue Bond Law of Georgia, to provide for registration of all businesses, and occupations in the city, to provide for continuing cooperation with DeKalb County in all enterprises and agreements in which the City and County are jointly interested, to provide for establishment of a police department, a sanitary department, a system of sewers and drains, fire limits, and a fire department, if and when found necessary. Also, to provide for a referendum election for the approval of this charter, for relinquishment of the existing charter or for retention of existing charter, and for other purposes. This Feb. 14, 1963. J. Robin Harris James A. Mackay Guy Rutland, Jr. Representatives H. M. Conway, Jr. Ben F. Johnson W. H. McWhorter Senators Sworn to and subscribed before me this 28 day of February, 1963. /s/ Carol E. Wheeler, Notary Public, Georgia, State at Large. My Commission Expires Mar. 23, 1963. Approved April 12, 1963.

Page 3486

TOWN OF FORT OGLETHORPEWARDS. No. 486 (House Bill No. 569). An Act to amend an Act approved February 17, 1949, and published in Georgia Laws 1949, pages 703-738 creating and incorporating the Town of Fort Oglethorpe, Georgia in the counties of Walker and Catoosa, state of Georgia, as amended by Act of the General Assembly of Georgia approved February 11, 1952, and published in Georgia Laws 1952, pages 2279 to 2283, by striking therefrom section 5A and reinserting a section to be known as section 5A to provide for the division of the town into wards for the purpose of election of aldermen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the present section 5A of the charter of the Town of Fort Oglethorpe, Georgia be stricken in its entirety, and the following, to be known and designated as section 5A be inserted in lieu thereof, so that said section shall read as follows: Section 5A. A Division into wards; elections; notice of candidacy; ballots . The Town of Fort Oglethorpe is hereby divided into wards for the purpose of election of aldermen in the following manner. Ward 1. All the land now incorporated or as may be in the future incorporated within the corporate limits of the City of Fort Oglethorpe, Georgia, lying west of the center line of new Highway No. 27. Ward 2. Bounded on the south by the corporated limits of Fort Oglethorpe, Georgia as now incorporated, or may in the future be incorporated; bounded on the west by the center line of new U. S. Highway No. 27; bounded on the north, northeast and east by the center line of Forrest Road; the north, and east boundary lines of said Ward 2 following the center line of said Forrest Road as it runs from new U. S. Highway 27 to the south boundary line of

Page 3487

the corporate limits of the Town of Fort Oglethorpe, Georgia. Ward 3. Bounded on the west by the center line of the new U. S. Highway 27; bounded on the north by the corporate limits of the Town of Fort Oglethorpe, Georgia, as they now exist or may in the future exist; bounded on the east by the west line of original land lot no. 86, 9th district and 4th section, bounded on the south as follows: beginning at a point on the southeast corner of lot no. 52, Fairlawn Acres No. 2, subdivision, said point being on the west line of said original land lot no. 86, running thence along a straight line in a generally southwest direction to a point in the center line of Van Cleave Street, said point being directly west of the northwest corner of lot no. 40, block E, Fairlawn Acres, No. 1, thence in a southerly direction down the center line of Van Cleave Street to a point where the center line of said Van Cleave Street intersects the center line of Forrest Road; thence west down the center line of Forrest Road to a point where the center line of Forrest Road intersects with center line of the new U. S. Highway No. 27, same being point of beginning. Ward 4. Beginning at a point in the center line of Van Cleave Street, where said Van Cleave Street intersects with the center line of Forrest Road; thence with and along the center line of Forrest Road in a generally southeast direction to the point where the center line of Forrest Road intersects with the center line of Pegram Circle; thence along and with the said center line of said Pegram Circle to a point where said center line intersects with the center line of Eaton Circle; thence in a northeast direction with and along the center line of Eaton Circle to a point where said center line intersects with the center line of Stovall Street; thence in a generally southeast direction with and along the center line of Stovall Street to the point where the center line of said Stovall Street intersects with the center line of Elaine Circle; thence south with and along the center line of Elaine Circle to a point where the said center line intersects with the center line of East Elaine; thence east with and along the center line of East Elaine to the southwest corner of lot no. 80, Fort Acres subdivision,

Page 3488

thence east with and along the south line of lot no. 80 to the northeast corner of lot 103, Fort Acres subdivision; thence with and along the northeast line of said lot no. 103 as extended to a point in the center line of Delores Drive; thence east with and along the center line of Delores Drive to a point in the center line of Elaine Circle; thence along the center line of said Elaine Circle in a southerly direction to a point directly west of the southwest corner of lot no. 21, said Fort Acres subdivision; thence east with and along the south line of said lot no. 21 to the extreme southeast corner of lot no. 21; thence east in a straight line to the east boundary line of the Town of Fort Oglethorpe, Georgia, as the same does now or may in the future exist; thence with and along the said eastern boundary in a northerly direction to the southeast corner of original land lot no. 86, 9th district and 4th section; thence in a westerly direction, with and along the south boundary line of said original land lot no. 86 to a point on the southeast corner of original land lot no. 86; thence in a northerly direction with and along the west boundary line of land lot no. 86 to a point on the southeast corner of original land lot no. 86; thence in a northerly direction with and along the west boundary line of land lot no. 86 to a point on the southeast corner of lot no. 52, Fairlawn Acres subdivision No. 2, said point being the southeast boundary line of Ward No. 3; thence in a southwest direction with and along the southeast boundary line of Ward No. 3 to a point of beginning. Ward 5. All land lying within the present or future corporate limits of the town of Fort Oglethorpe, Georgia, lying east of the center of Forrest Road and Ward No. 2, and lying south of Ward No. 4 shall compose and comprise Ward No. 5. As above referred to all descriptions are according to a map or plat of the Town of Fort Oglethorpe, Georgia, prepared by C. C. Newman, Georgia Registration No. 775, as of August, 1960, said map or plat being of record in the office of the clerk of the superior court of Catoosa County, Georgia. Each ward shall be represented by one and only one

Page 3489

alderman. The candidate from each ward receiving the highest number of votes of any candidate from that ward shall be declared elected alderman from that ward. The alderman from each ward shall be elected by the vote of the town as a whole. Each candidate for alderman shall be a candidate from the ward in which he resides, and shall include in the notice of his candidacy a written statement of the ward in which he resides. No person who fails to state this information in said notice shall be eligible to have his name placed on the ballot. Ballots shall specify the ward from which each person is a candidate and shall list the names of the candidates from each ward together on the ballot separately from the candidates from any other ward, and shall list the wards in numerical order on the ballot and the candidates from each ward in alphabetical order immediately under the number of the ward. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January, 1963 session of the General Assembly of the State of Georgia, a bill amending Georgia Laws 1949, page 703-138, as amended by Georgia Laws 1952 page 2279-2283, so as to provide for a division of the Town of Fort Oglethorpe, Georgia, into Wards for the purpose of election of alderman; and for other purposes. This 4th day of February, 1963. Joe B. Tucker Representative of Catoosa County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe B. Tucker, who, on oath, deposes and says that he is Representative from Catoosa County, and that the attached copy of Notice

Page 3490

of Intention to Introduce Local Legislation was published in the Catoosa County News, which is the official organ of said county, on the following dates: February 7, 14 and 21. /s/ Joe B. Tucker Representative, Catoosa County. Sworn to and subscribed before me this 4th day of March, 1963. /s/ Amelia Smith, Notary Public. (Seal). Approved April 12, 1963. MORGAN COUNTY DEVELOPMENT AUTHORITY. No. 487 (House Bill No. 571). An Act to create the Morgan County Development Authority; to provide the powers, authority, funds, purposes, organization and procedures connected therewith; to provide for the appointment of members of said Authority; to provide for the duties and powers of the County of Morgan with respect to said Authority; to provide for issuing of revenue bonds and the validation of such bonds; to provide for the exemptions applicable to said Authority; to provide that this Act shall be known as and may be cited as the Morgan County Development Authority Act; to provide definitions; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known as and may be cited as the Morgan County Development Authority Act. Short title.

Page 3491

Section 2. As used herein, the following words and terms shall have the following meaning unless a different meaning clearly appears from the context: (1) The word Authority shall mean the Morgan County Development Authority, created hereby. Definitions. (2) The word Governing Authority of Morgan County shall mean the Board of Commissioners of Roads and Revenue of Morgan County, their successors or such other Authority that may be hereafter provided for the administering of the affairs of Morgan County. (3) The words undertaking, project, undertaking or project or undertaking and project shall be deemed to mean and include property, real and/or personal, acquired or held by the Authority for the assistance, promotion, establishment or development of a new industry or industries, or the assistance, promotion or expansion of existing industry, trade or commerce in Morgan County, or any combination thereof; the acquisition of any such property for any such purpose or purposes; the improvement of any such property or properties; and/or the construction, installation and/or expansion of one or more buildings, plants, and/or articles of equipment for the purpose of using, selling, donating, leasing and/or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations, and/or associations for such purposes. (4) The term cost of project shall embrace: the cost of lands, buildings, improvements, machinery, equipment, properties, easements, rights, franchises, materials, labor and services acquired and/or contracted for; the cost of financing charges and/or of interest prior to and during construction; architectural, accounting, engineering, inspection, fiscal and/or legal expenses; cost of plans and/or specifications; and/or any other expenses necessary or incident to construction and/or improvements, and/or to determine the feasibility and/or practicability of the project, administrative expenses and/or the acquisition, construction,

Page 3492

equipping and/or operating any project or any part thereof. Section 3. Pursuant to Article VII, Section V, Paragraph I of the Constitution of the State of Georgia and is hereby created a body corporate and politic to be known as the Morgan County Development Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by the County of Morgan. Created. Section 4. The Authority shall consist of five (5) members appointed by the Governing Authority of Morgan County. Initially, the five (5) members of the Authority shall be appointed with the following terms: one member for one year, one member for two years, one member for three years, one member for four years and one member for five years, and until their successors are appointed and qualified. Thereafter upon the expiration of the terms of such members, their successors shall be appointed for terms of five (5) years each and until their successors are appointed and qualified. Members, etc. All members who have served on said Authority shall be eligible for reappointment to succeed themselves if they are reappointed by said governing Authority designated by this Act to appoint them. Members of the Authority shall be citizens of the United States who have attained the age of twenty-one (21) years, and who shall have been citizens of this State for two (2) years, and for one year a resident of Morgan County immediately preceding his appointment as a member of the Authority. Should any member resign, be unable to serve or move beyond the territorial limits of Morgan County as it is now situated or may be hereafter situated, or should there be a vacancy for any reason, the successor shall be appointed to serve the remaining term of such member by the Governing Authority of Morgan County.

Page 3493

Prior to taking office the members shall subscribe to the following oath, to wit: I do solemnly swear that I will fully and fairly perform the duties as a member of the Morgan County Development Authority, So Help Me God. The members of said Authority shall be entitled to no compensation. Any three 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 three affirmative votes. No vacancy shall impair the power of Authority to act. Section 5. The Authority created by this Act is for the purposes of developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for the coordination of such development, promotion and expansion within its territorial limits. Purpose. Section 6. In addition to the purposes for which revenue anticipation obligations may be issued by counties, municipal corporations and political subdivisions as provided in said Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia, Morgan County Development Authority, herein created, be and is hereby authorized to issue revenue obligations to provide funds to be used by said Authority in developing, promoting and expanding for the public good and general welfare, industry, agriculture, commerce, natural resources, and vocational training and for the making of long range plans for the coordination of such development, promotion and expansion within the territorial limits of Morgan County, as herein provided. Said purposes are hereby found, determined and declared to be for the benefit of the citizens and residents of said County and to be an essential governmental function in providing vocational education, relieving unemployment, improving the economy, limiting poor relief assistance, developing natural

Page 3494

resources and otherwise promoting the general welfare. Bonds. Section 7. The Authority shall not be operated for profit, is an institution of purely public charity, and is an industrial development agency qualified to receive loans and other assistance from the Industrial Development Commission of the State of Georgia, or other governmental agencies. Purpose. Section 8. In carrying out the foregoing objectives, the Authority shall be deemed to be engaging in such functions of government, activities and transactions as the County of Morgan is by law authorized to undertake. Same. Section 9. Morgan County, by and through its Governing Authority, shall be and is hereby authorized and empowered to contract with the Authority as a public corporation as provided by the Constitution and laws of the State of Georgia. Contracts. Section 10. Morgan County by and through its Governing Authority is authorized and empowered to levy a tax on all taxable property therein not to exceed one (1) mill for the purpose of securing a fund to be set aside, transferred to and used by said Authority for the general purposes of the Authority as herein prescribed. Support. Section 11. The powers of the Authority herein created shall include, but are not limited to, the power, for its corporate purposes: (1) To have a corporate seal and alter the same at pleasure. Powers. (2) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity, to contract with the State of Georgia and any instrumentality thereof, any county or municipality thereof, and any other political subdivisions, and with private persons, firms, corporations, and associations. (3) To receive and administer gifts, grants and donations and to administer trust.

Page 3495

(4) To buy, acquire, receive as gifts, own, improve, expand, develop, operate, maintain, sell, donate, lease as lessor or lessee, mortgage, pledge, convey to secure debt, and/or otherwise encumber and/or dispose of land, buildings, equipment, furnishings, and/or property of all kinds, real and/or personal, within Morgan County, Georgia, and to make a contract or contracts and/or to execute any instrument or document for the accomplishment thereof, or other purposes. (5) To make contracts, and to execute any and all instruments necessary or convenient to, or in aid of, the accomplishment of any of the purposes of said Authority, and/or the exercise of any power or powers of said Authority. (6) To enter into any contract or contracts for any period of time not exceeding thirty (30) years. (7) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and to fix their compensation. (8) To construct, erect, buy, receive as a gift, acquire, own, repair, remodel, maintain, equip, furnish, extend, expand, develop, improve, donate, sell, lease as lessor or lessee, equip, add to, operate and manage projects and to pay the costs of any such project from any income of the Authority, from the proceeds of revenue bonds issued and sold by the Authority or others, from any taxes levied for the purpose by the State of Georgia, Morgan County, or any of the municipalities therein, or from any contributions or loans by political subdivisions or instrumentalities, persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. (9) To elect its own officers from the membership of the Authority; to elect and employ an executive director who is not required to be a member of the Authority; and to authorize and empower such officers to act for the Authority generally or in any specific matter.

Page 3496

(10) To borrow money and to execute debentures, bonds, notes, mortgages, deeds or bills of sale to secure debt, trust deeds and/or other such instruments as may be necessary or convenient to evidence and secure such borrowing. (11) To issue and sell revenue bonds for the purpose of raiisng funds for the payment, in whole or in part, of the cost of any project of the Authority; to secure the payment of the obligations of such bonds by, but not limited to, selling, conveying, mortgaging, pledging and/or assigning any or all of its funds, income and/or property; and to exercise all the rights, powers and privileges, and to be subject to all the duties and liabilities, which a municipality may exercise and/or be subject to under the provisions of the Revenue Bond Law (Ga. L. 1937, p. 761; Chapter 87-8 of the Code of Georgia), as the same is now, or may hereafter be amended. The rights, powers and privileges of the Authority are not limited to those of such a municipality, however. (12) To receive and use public funds made available to it, the rents, profits and proceeds from the projects erected, leased or sold, and other funds and income of the Authority, to provide for the operation and maintenance of such projects or other projects, to discharge the principal, interest and expenses of bonds, revenue bonds, and notes issued by the Authority, to pay other debts of the Authority, and to further and promote the objectives of the Authority. (13) To exercise any power granted by the laws of the State of Georgia to public corporations or authorities performing similar functions. (14) 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. (15) To adopt, alter, amend and/or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the powers granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business.

Page 3497

(16) To do all things necessary and convenient to carry out the powers expressly conferred by this Act upon the Authority. Section 12. The acquisition, construction, improvement, betterment, expansion or extension of any undertaking or project of the Authority, and the issuance in anticipation of the collection of revenues of such undertaking or project, of bonds to provide funds to pay the whole or a part of the costs thereof, may be authorized by resolution or resolutions of the Authority which may be adopted at a regular or special meeting by a majority of the members of the Authority. Unless otherwise provided therein, such resolution or resolutions shall take effect immediately and need not be laid over or published or posted. The Authority in determining the cost of any undertaking or project for which revenue bonds are to be issued may include all costs as hereinbefore defined. Such bonds shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates not exceeding seven per cent per annum, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. Except as herein provided to the contrary, such bonds shall be issued and validated in the Superior Court of Morgan County, Georgia, in the same manner as revenue bonds of municipalities are issued and validated under the Revenue Bond Law (Ga. L. 1937, p. 761; Chapter 87-8 of the Code of Georgia), as the same is now or may hereafter be amended. In the proceedings to validate such bonds, the County of Morgan and the Morgan County Development Authority shall be named as party defendant. In event no bill of exceptions is filed within the time prescribed by law, or if filed, the judgment validating the bonds shall be affirmed by the Supreme Court of Georgia, such judgment shall be forever conclusive as to the validity of said bons and the security therefor against said Authority. Powers. Section 13. All property, real and personal, the title of which is vested in the Authority, and all debentures, notes,

Page 3498

bonds and revenue bonds and certificates issued by the Authority, and interest thereon and income therefrom, shall be exempt from state, county, city and other local taxation for any purpose. All such property shall be exempt from any and all federal taxation, if and when so provided by the Constitution, laws, rules, regulations and mandates of the United States or any of its various bureaus, agencies or other entity by whatever name called. The exemption from taxation herein provided shall not extend to tenants or lessees of the Authority. Property. Section 14. It shall be the duty of the Authority to have all persons handling funds of the Authority fully and adequately bonded for their faithful accounting for such bonds. Employees. Section 15. The Authority shall not be authorized to create in any manner any debt, liability or obligations, against the State of Georgia, Morgan County, or any municipality therein. No debt, liability or obligation of the Authority shall be considered a pledge or loan of the credit of the State of Georgia, or any county, city or other subdivision thereof. Debts. Section 16. If the Authority shall deem it expedient to construct any project or use any project already constructed on lands, the title to which shall be in the County of Morgan and/or any incorporated city or town in said county, the Governing Authorities of the County of Morgan and of said municipalities, respectively, are authorized in their discretion to convey title to such lands, including any improvements thereon, without cost, to the Authority. Said county and/or said municipalities may donate to said Authority, real estate, personal property and services for any such project. Any such land, improvements, or personal property so conveyed or donated to the Authority may be mortgaged, conveyed, or pledged to secure obligations of the Authority. Gifts. Section 17. The Authority is created for non-profit purposes and all property acquired by the Authority and any funds realized by the Authority shall be used continually

Page 3499

and exclusively for the purposes for which the Authority is created, unless the Authority for any reason is dissolved. Then in that event, the funds and property of the Authority shall be conveyed as hereinafter provided. Property. Section 18. 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 be conveyed to Morgan County subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property. No private interest shall exist in the property of the Authority. The Authority shall hold title only for the benefit of the public. Same. Section 19. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a competent independent auditor; and the minutes and records of the same shall be filed with the clerk of the board of commissioners of roads and revenues of said county, and shall be available for public inspection. Audits. Section 20. The Authority shall exist and have all of said powers, and the right to exercise the same for its corporate purposes, regardless of whether or not it shall issue revenue anticipation obligations hereunder. Intent. Section 21. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability.

Page 3500

Section 22. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. R. Lambert, who, on oath, deposes and says that he is Representative from Morgan County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Madisonian, which is the official organ of said county, on the following dates: Feb. 14, 21, 28, 1963. /s/ E. R. Lambert Representative, Morgan County Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1963 Session of the General Assembly of Georgia, a bill to create a body corporate and politic to be known as the Morgan County Development Authority pursuant to Article VII, Section V, Paragraph I of the Constitution, which shall be deemed to be an instrumentality of the State of Georgia and a public corporation; to define its scope and jurisdiction; to provide for the election of appointment of the members of the Authority; to define the duties, powers and authority of such members; to provide that Morgan County may contract with the Authority as a public corporation; to authorize the governing authority of Morgan County to levy a tax for the purpose of securing a fund to be set aside and used by the Authority; to provide that property owned by the Authority shall be exempt from local and State taxation; to provide the method of expenditure of the funds of the Authority; and for other purposes. This 11th day of February, 1963. E. R. Lambert Representative, Morgan Co.

Page 3501

Sworn to and subscribed before me this 5th day of March, 1963. /s/ Kathryn Rule, Notary Public. Commission expires 1-30-65. (Seal). Approved April 12, 1963. SMALL CLAIMS COURTS CREATED IN COUNTIES HAVING POPULATIONS OF NOT LESS THAN 23,500 AND NOT MORE THAN 24,100. No. 488 (House Bill No. 574). An Act creating and establishing a Small Claims Court in each county in this State having a population of not less than 23,500 and not more than 24,100 according to the last United States Census of 1960 or any future such census; to prescribe the jurisdiction of said courts; to prescribe the pleading and practice in said courts; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of the office of the judges of such Small Claims Courts; to provide that the judges of said courts shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in the county wherein such judge presides; to provide for clerks of and for said courts and for their duties and compensation; to provide for one or more bailiffs of and for said courts and for their duties and compensation; to provide for a jury and the number of jurors; to provide for the services of processes of said courts; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to prescribe the costs of court; to provide for the furnishing of certain law books to said

Page 3502

courts; to provide for contempts of said courts and the penalty therefor; to provide for the validating of the acts of said courts and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established in each county in this State having a population of not less than 23,500 and not more than 24,100 according to the United States 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 $1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia. Created. Section 2. Any person appointed as a judge of any Small Claims Court created pursuant to the provisions of this Act must be a resident of the county in which such court is created, must be at least twenty-two (22) years of age and must be an attorney-at-law who has actually engaged in the practice of law for a period of at least one year. Judge, etc. All other officers appointed to or employed by said courts now or hereafter provided must be at least twenty-one (21) years of age and must be residents of the county in which such court is located. Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the superior court of the county or any judge of a city court located in said county, on application of said judge of the Small Claims Court who is unable to

Page 3503

act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Same. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. Clerk. Section 5. All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Fees. Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff 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 the Superior Court or by a duly qualified bailiff of a Small Claims Court; or by registered mail or certified with receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge of said court for that purpose. (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from 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,

Page 3504

or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to sender by U. S. postal authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a U. S. Post Office employee or U. S. Mail Carrier to whom refusal was made, then 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. (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 demanded same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof 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 thirty days from the date of the service of said notice; provided, however, that where service is made by registered mail the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Docket. Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of five dollars ($5.00), which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay accrued cost, the judge shall have

Page 3505

power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court cost, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Cost. (b) 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 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 illegally 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 trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summonsing 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 cost in said proceeding. Section 9. (a) On the day set for the hearing, or such latter time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. Pre trial. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. Rules.

Page 3506

(c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Procedure. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Set off. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Judgments. Section 12. The judge of 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. Same. Section 13. The judge of the superior court presiding in any such county may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes hereof. Procedure.

Page 3507

Section 14. The judge of such court shall have the 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. Baliffs. Section 15. 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 such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each. The judge or clerk shall have the power to subpoena jurymen and witnesses. Jury trials. Section 16. Judgments of Small Claims Courts shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the superior court for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Judgments. Section 17. Appeals may be had from judgments returned in a Small Claims Court, to the superior court, and the same provisions now provided for by law for appeals from courts of ordinary to the superior court, shall be

Page 3508

applicable to appeals from the small claims court to the superior court. Appeals. Section 18. Until otherwise provided by rules of court the statement of claims, verification, and notice shall be in the following equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Small Claims Court. Statement of Claim.

Page 3509

Notice.

Page 3510

Section 19. All Acts performed by the judge or clerk and all proceedings had before the Small Claims Court in counties of this State having a population of not less than 23,500 and not more than 24,100 according to the United States Census of 1960 or any future such census, are hereby validated. Pleadings. Intent. Section 20. Immediately after this Act is approved by the Governor or its otherwise becoming law, the judge of the superior court of the Judicial Circuit in which a county authorized by this Act to have a Small Claims Court is located, shall appoint a duly qualified person to be judge of any such Small Claims Court to serve from the date of such appointment to the first Monday in September, 1963. Thereafter the grand jury in session immediately prior to the first Monday in September in any such county wherein a Small Claims Court has been established and created shall appoint a duly qualified person as judge of said Small Claims Court to serve for a period of four (4) years ending on the first Monday in September, 1967, and until his successor is appointed and qualified. Successors to such judges shall be appointed for a like term of four (4) years ending on the first Monday in September and until their successors are appointed and qualified by the grand jurors of such county in session immediately prior to the expiration of said term. Each judge appointed to any Small Claims Court created and established pursuant to the provisions of this Act shall be exempt from jury duty in the superior court or any other court existing or that may be created or established in the county where any such Small Claims Court is located. Judge. Section 21. All forms, docket books, file jackets, filing cabinets and the like, required by this Act shall be furnished by the county commissioners. Supplies. Section 22. 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

Page 3511

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. Books from State. Section 23. Such Small Claims Courts having no designated terms at stated periods, 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 immediately 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. Procedure. Section 24. 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 by the judge of the Small Claims Court; or it may be served by registered or certified mail, provided such service 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; provided further, it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by U. S. Postal Authorities marked refused, giving the date of refusal and be signed or initialed by a U. S. Post Office employee or U. S. Mail Carrier to whom refusal was made. 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

Page 3512

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. Service of process. Section 25. The judge of a Small Claims Court shall have the power to impose fines of not more than ten dollars or imprison for not longer than twenty-four hours any person guilty of contempt of court, such fines to be paid into the county treasury or depository for county purposes. Contempt. Section 26. The fee of bailiff for the execution of a fi fa shall be four dollars, plus a reasonable amount for drayage to be determined by the Small Claims Court judge. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five per cent (5%) on all sums over that amount, with a minimum of three ($3.00) dollars. Fi fas, etc. Section 27. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 28. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1963.

Page 3513

WEBSTER COUNTYCOMPENSATION OF SHERIFF AND COMMISSIONER OF ROADS AND REVENUES. No. 489 (House Bill No. 575). An Act to amend an Act creating the office of commissioner of roads and revenues for the County of Webster, approved August 27, 1931 (Ga. L. 1931, p. 597), as amended, so as to change the compensation and traveling expenses for the sheriff; to provide for an expense account for said commissioner; to repeal certain specific laws; 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 Webster, approved August 27, 1931 (Ga. L. 1931, p. 597), as amended, is hereby amended by adding a new section thereto to be known as section 9A which shall read as follows: Section 9A. The commissioner of roads and revenues of Webster County shall receive the sum of sixty ($60.00) dollars per month as an expense allowance which shall be in addition to all other compensation and allowances now authorized by law. Said sum shall be paid each month from the funds of Webster County. Commissioner. Section 2. Said Act is further amended by adding thereto a new section to be known as section 9B which shall read as follows: Section 9B. The sheriff of Webster County shall receive the sum of one hundred dollars ($100.00) per month as supplemental salary in addition to any fees or salary which he now receives. Such supplemental salary shall be paid from the general funds of Webster County. Sheriff. Section 3. An Act entitled An Act to provide the sheriff of certain counties with a supplemental salary; to repeal conflicting laws; and for other purposes, approved March 13, 1957 (Ga. L. 1957, p. 2914), is hereby repealed in its entirety. 1957 Act repealed.

Page 3514

Section 4. An Act entitled An Act to provide for an expense allowance for the commissioner of roads and revenue in certain counties; to repeal conflicting laws; and for other purposes, approved March 21, 1958 (Ga. L. 1958, p. 2706), is hereby repealed in its entirety. 1958 Act repealed. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Webster County. To Whom It May Concern. This is to certify that the attached legal advertisement Notice of Intention to Introduce Local Legislation has been published in four consecutive issues of The Stewart-Webster Journal, a newspaper published at Richland, Georgia, Stewart County, which is the official organ of Webster County, in issues of January 24, 31 and February 7 and 14. /s/ John N. Anglin Publisher /s/ Dorothy F. McKinnon Notary Public Georgia, State at Large. My Commission expires Jan. 22, 1966. (Seal). Notice of Intention to Introduce Local Legislation. Georgia, Webster County. Notice is hereby given that the undersigned introduce in the next General Assembly, a local bill which will bring up to date the compensation bills that have been introduced as a general bill with local application on a population basis. J. Lucius Black, Representative, Webster County

Page 3515

Georgia, Webster County. To Whom It May Concern: This is to certify that the attached legal advertisement, Notice of Intention to Introduce Local Legislation has been published in four consecutive issues of The Stewart-Webster Journal, a newspaper published at Richland, Georgia, Stewart County, which is the official organ of Webster County in four issues January 31, February 7, 14, 21. /s/ John N. Anglin Publisher /s/ Dorothy F. McKinnon Notary Public Georgia, State at Large. My Commission expires January 22, 1963. (Seal). Notice of Intention to Introduce Local Legislation. Georgia, Webster County. Notice is hereby given that I will introduce a bill in the next session of the General Assembly, providing for an increase in the salary of the sheriff of Webster County in the amount of $50.00 per month for traveling expense and for other purposes. The bill will be introduced incidental to a recommendation of The Webster County grand jury in January session, 1963. J. Lucius Black, Representative, Webster County, Ga. Approved April 12, 1963.

Page 3516

ACT PLACING OFFICERS OF COUNTIES HAVING A POPULATION OF NOT LESS THAN 135,000 AND NOT MORE THAN 140,000 ON SALARY BASIS AMENDED. No. 491 (House Bill No. 584). An Act to amend an Act entitled An Act to change from the fee to the salary system in certain counties in Georgia having a population of not less than 135,000 inhabitants nor more than 140,000 inhabitants under the 1960 United States census or any subsequent census, the clerk of the superior court, (whether he be clerk of the superior court or ex officio clerk of another court or courts); the sheriff, the ordinary, the tax collector, the tax receiver, the treasurer; to make provisions regulating the carrying out of such charges; to regulate the collection and disposition of costs; to provide for deputies, clerks, and assistants to such officers; to provide for the payment of salaries and compensation and the county attorneys in such counties; to provide for the furnishing the sheriffs in such counties with automobiles necessary for carrying on the work of his office and for the operation, upkeep and repair of the same; to provide for the necessary office expense of such officers and employees; to provide that no county official, deputy, assistant or member of the board of commissioners of roads and revenues, nor any chairman thereof, shall be paid any extra compensation not provided by existing law except as to legitimate expenses duly authorized by such board; to authorize the transfer of any deputy, clerk, assistant or stenographer from one county office to another from time to time when the exigencies of the case may require same; to provide for emergency help; to provide for the payment of county officers, deputies, clerks, assistants and the county treasurer and the county attorney by the treasurer of such county; and for the disbursement thereof by the sheriff, clerk, ordinary, tax collector and tax receiver as to the respective offices; to abolish county police in such counties, except as shall be done through the sheriff's office in such counties; to fix the compensation of the members of the board of roads and revenues of such counties; to fix the salary

Page 3517

of the county attorney of such counties and to denominate the county attorney as an employee of such counties within the provisions of any laws dealing with employees; to repeal conflicting laws or parts of laws; and for other purposes., approved March 28, 1961 (Ga. L. 1961, p. 2688-2698), so as to change the compensation of the clerk, sheriff, ordinary, tax commissioner and county treasurer of certain counties; to provide for and fix the compensation of a clerk of the board of commissioners of roads and revenues; to change the maximum compensation to be paid certain other employees in those counties; to change the maximum compensation of the superior court's deputies and assistants of certain counties; to change the maximum compensation of the ordinary's deputies and assistants in such counties; to change the maximum compensation of the tax commissioner deputies and assistants in such counties; to change the compensation of the county attorney in all such counties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to change from the fee to the salary system in certain counties in Georgia having a population of not less than 135,000 inhabitants nor more than 140,000 inhabitants under the 1960 United States census or any subsequent census, the clerk of the superior court, (whether he be clerk of the superior court or ex officio clerk of another court or courts); the sheriff, the ordinary, the tax collector, the tax receiver, the treasurer; to make provisions regulating the carrying out of such charges; to regulate the collection and dispositions of costs; to provide for deputies, clerks, and assistants to such officers; to provide for the payment of salaries and compensation and the county attorneys in such counties; to provide for the furnishing the sheriffs in such counties with automobiles necessary for carrying on the work of his office and for the operation, upkeep and repair of the same; to provide for the necessary office expense of such officers and employees; to provide that no county official, deputy, assistant or member of the board of commissioners

Page 3518

of roads and revenues, nor any chairman thereof, shall be paid any extra compensation not provided by existing law except as to legitimate expenses duly authorized by such board; to authorize the transfer of any deputy, clerk, assistant or stenographer from one county office to another from time to time when the exigencies of the case may require same; to provide for emergency help; to provide for the payment of county officers, deputies, clerks, assistants and the county treasurer and the county attorney by the treasurer of such county; and for the disbursement thereof by the sheriff, clerk, ordinary, tax collector and tax receiver as to the respective officers; to abolish county police in such counties, except as shall be done through the sheriff's office in such counties; to fix the compensation of the members of the board of roads and revenues of such counties; to fix the salary of the county attorney of such counties and to denominate the county attorney as an employee of such counties within the provisions of any laws dealing with employees; to repeal conflicting laws or parts of laws; and for other purposes., is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. Be it further enacted by the authority aforesaid that in all such counties the salaries of the following officials shall be as follows: (a) Clerk of the superior court, whether ex officio clerk of another court or not, an annual salary of $9,500.00, per annum, payable in equal monthly installments. (b) The sheriff, an annual salary of $12,000.00, per annum, payable in equal monthly installments. Salaries. (c) The ordinary, an annual salary of $10,000.00, per annum, payable in equal monthly installments. (d) The tax commissioner, an annual salary of $9,250.00, per annum, payable in equal monthly installments. (e) The county treasurer, an annual salary of $8,400.00, per annum, payable in equal monthly installments.

Page 3519

Provided, nevertheless, said salaries shall be in full payment of fees or other emoluments that shall accrue to any and all such officers that would otherwise accrue to them except for this Act, and all fees or other emoluments collected by them or either of them from the State or any public agency by virtue of their respective offices, shall be paid by them into the treasurer of the county where such officer or officers hold office. Section 2. Be it further enacted that the salary of the clerk of the board of commissioners of roads and revenues shall be $650.00 per month. Clerk of commissioners. 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. Be it further enacted by the authority aforesaid, that from and after the approval of this Act the sheriffs deputies and assistants in all such counties shall consist of the following: all of whom shall be named from time to time by the sheriff and all and each of whom shall serve as such at the will of the sheriff and be discharged by such sheriff without any claim to any unearned salary or salaries; and the salaries of such deputies and assistants shall be fixed by the sheriff from time to time, at an amount not to exceed the following: Sheriff's deputies, etc. 1 Chief Deputy Sheriff $595.00 per month 1 Deputy Sheriff Patrol Capt. 430.00 per month 3 Deputy Sheriffs Patrol Lts. 408.00 per month 12 Deputy Sheriffs Patrol Drivers 380.00 per month 12 Deputy Sheriffs Patrol Riders 370.00 per month 1 Deputy Sheriff Chief Criminal Inv. 430.00 per month 3 Deputy Sheriffs Investigators 420.00 per month 4 Deputy Sheriffs Asst. Investigators 408.00 per month 1 Deputy Sheriff Civil Deputy Drivers 420.00 per month 1 Deputy Sheriff Civil Deputy Rider 408.00 per month 1 Deputy Sheriff Safety Officer Capt. 430.00 per month 1 Deputy SheriffSecretary 355.00 per month 1 Deputy SheriffBookkeeper 345.00 per month 1 Deputy SheriffClerk Typist 295.00 per month 1 Deputy Sheriff Jailer 420.00 per month 1 Deputy Sheriff Asst. Jailer 367.00 per month 7 Deputy Sheriffs Deputy Jailers 324.00 per month 4 Deputy SheriffsRadio Dispatchers 324.00 per month 1 Deputy SheriffMechanic 359.00 per month 3 Deputy SheriffsMatrons 238.00 per month 1 Deputy InvestigatorDriver 420.00 per month 1 Deputy Sheriff InvestigatorRider 408.00 per month Section 4. 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. Be it further enacted by the authority aforesaid, from and after the approval of this Act, the clerk of superior court's deputies and assistants, whether he be ex officio clerk of another court or not, in all such counties, shall be as follows, and their salaries shall be fixed by the clerk of the superior court from time to time, at an amount not to exceed the following: Employees of clerk of superior court. 1 Chief Deputy $425.00 per month 3 Deputies 350.00 per month 3 Senior Clerks 300.00 per month 1 Photo Copy Clerk 275.00 per month 3 Clerks 265.00 per month 5 Junior Clerks 250.00 per month 1 Collector 175.00 per month All of whom shall be named from time to time by the clerk of the superior court and all and each of them shall serve at the will of the clerk of such court and be discharged by such clerk, without any claim for any unearned salary or salaries.

Page 3521

Section 5. 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. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the ordinary's deputies and assistants in such counties will be as follows and their salaries shall be fixed by the ordinary from time to time, at an amount not to exceed the following: Employees of ordinary. 1 Clerk of Court of Ordinary, Bookkeeper $400.00 per month 1 Clerk of Court of Ordinary 330.00 per month 2 ClerkStenographers 302.50 per month 2 Typists 275.00 per month All of whom shall be named from time to time by the ordinary of such county and all and each of them shall serve at the will of the ordinary and be discharged by such ordinary, without any claim from any unearned salary or salaries. Section 7. Said Act is further amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10 to read as follows: Section 10. Be it further enacted by the authority aforesaid, that on and after July 1, 1963, the county attorney in all such counties shall be paid a salary of $508.00 per month; and such county attorney shall be construed as an employee of said county in reference to any and all laws governing employees in such counties and deductions from his pay for any county pension law now or hereafter enacted shall be deducted from his salary monthly. County attorney. Section 8. This Act shall become effective on July 1, 1963. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1963.

Page 3522

MUNICIPAL COURT, CITY OF AUGUSTA. No. 492 (House Bill No. 585). An Act to amend an Act entitled An Act to abolish justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta, Georgia; to establish and create in lieu thereof a Municipal Court in and for the City of Augusta; to define its jurisdiction and powers; to provide for the election of a judge, and the appointment of the other officers and personnel thereof; to define their powers and duties, and to fix their compensation; to provide for rules of procedure and new trials in said court and writs of error therefrom; and for other purposes., approved August 28, 1931 (Ga. L. 1931, p. 270), as amended, by an Act approved March 24, 1933 (Ga. L. 1933, p. 299-307), an Act approved March 21, 1935 (Ga. L. 1935, p. 505-508), an Act approved December 29, 1937 (Ga. L. 1937-38, Ex. Sess., p. 675-686), an Act approved March 6, 1945 (Ga. L. 1945, p. 982-984), an Act approved March 9, 1945 (Ga. L. 1945, p. 1158-1159), an Act approved February 25, 1949 (Ga. L. 1948, Ex. Sess., p. 2070-2073), an Act approved February 17, 1950 (Ga. L. 1949-1950, p. 2642-2646), an Act approved February 21, 1951 (Ga. L. 1951, p. 3345-3368), an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2823-2824), an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2627-2632), an Act approved March 7, 1955 (Ga. L. 1955, p 3209-3213), an Act approved March 13, 1957 (Ga. L. 1957, p. 3057-3084), an Act approved March 7, 1958 (Ga. L. 1958, p. 2555-2560), and an Act approved March 28, 1961 (Ga. L. 1961, p. 2732-2757), so as to revise, consolidate and clarify all the laws establishing, concerning and relating to the Municipal Court, City of Augusta, Georgia, in and for the County of Richmond; to provide for the election of a judge thereof and the appointment of all other officers; to increase the jurisdiction of said court; to establish and revise the rules of procedure; to provide for trial by jury of six members; to repeal conflicting laws; and for other purposes.

Page 3523

Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to abolish justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta, Georgia; to establish and create in lieu thereof a Municipal Court in and for the City of Augusta; to define its jurisdiction and powers; to provide for the election of a judge, and the appointment of the other officers and personnel thereof; to define their powers and duties, and to fix their compensation; to provide for rules of procedure and new trials in said court and writs of error therefrom; and for other purposes., approved August 28, 1931 (Ga. L. 1931, p. 270), as amended, by an Act approved March 24, 1933 (Ga. L. 1933, p. 299-307), an Act approved March 21, 1935 (Ga. L. 1935, p. 505-508), an Act approved December 29, 1937 (Ga. L. 1937-38, Ex. Sess., p. 675-686), an Act approved March 6, 1945 (Ga. L. 1945, p. 982-984), an Act approved March 9, 1945 (Ga. L. 1945, p. 1158-1159), an Act approved February 25, 1949 (Ga. L. 1948, Ex. Sess., p. 2070-2073), an Act approved February 17, 1950 (Ga. L. 1949, 1950, p. 2642-2646), an Act approved February 21, 1951 (Ga. L. 1951, p. 3345-3368), an Act approved December 18, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2823-2824), an Act approved February 25, 1953 (Ga. L. 1953 Jan.-Feb. Sess., p. 2627-2632), an Act approved March 7, 1955 (Ga. L. 1955, p. 3209-3213), an Act approved March 13, 1957 (Ga. L. 1957, p. 3057-3084), an Act approved March 7, 1958 (Ga. L. 1958, p. 2555-2560), and an Act approved March 28, 1961 (Ga. L. 1961, p. 2732-2757), is hereby amended by striking in their entirety sections 1 through 41 and substituting in lieu thereof the following sections: Section 1. That a Municipal Court of the City of Augusta is hereby established and created, and that from and after January 1, 1933, and the election and qualification of the officers of said Municipal Court, no justice court, or justice of the peace or notary public ex officio justice of the peace or constable shall have or exercise any jurisdiction, civil or criminal, within the limits of the City

Page 3524

of Augusta, Georgia, as they now or may be hereafter defined. Created. Section 2. Be it further enacted by the authority aforesaid, that said Municipal Court, City of Augusta, shall have concurrent jurisdiction within the County of Richmond, with the Superior Court and other courts of said County, to try and dispose of all civil cases or proceedings of whatever nature, whether arising ex contractu or ex delicto, under the common law, or by statute in which the principal sum sworn to or claimed to be due, or the value of the property in dispute does not exceed five thousand ($5,000.00) dollars, and of which jurisdiction is not vested by the Constitution and laws of Georgia exclusively in another or other courts. The criminal jurisdiction of the said Municipal Court shall not exceed the jurisdiction now or hereafter vested by law in the justice courts of this State, but such jurisdiction shall extend over the entire County of Richmond. Whenever the words principal amount sworn to or claimed to be due are used in this Act, it shall be held to mean the principal amount sued for, or the value of the property sued for or claimed, or the alleged amount of liens sought to be enforced by the plaintiff, or the alleged amount sought to be enforced by the defendant, set-off, or counter-claim, exclusively of and not computing interest, hire, attorney's fees and cost. Provided, however, should the amount of a counter-claim or set-off asserted by defendant exceed the jurisdictional limit of this court, the clerk shall, within five days from date of filing said counterclaim or set-off, transfer all pleadings in the subject suit to the clerk of the Superior Court of Richmond County, Georgia, who shall docket same and thereafter the litigation shall be subject to existing Superior Court rules. Jurisdiction. Section 3. Be it further enacted by the authority aforesaid, that the Municipal Court of the City of Augusta shall have jurisdiction to try and determine all distress warrants and dispossessory warrants, and proceedings to evict intruders and to dispossess and remove tenants holding over. The plaintiff in such proceedings shall have the right to direct the return of the same as to the issues to be tried thereon to either the Municipal Court of the City of Augusta

Page 3525

or to the Superior Court of Richmond County, provided such election is stated in the warrant or affidavit at the time the same is issued, and if no such election is so stated said warrant or affidavit shall be returnable to the Municipal Court of the City of Augusta. And in the event that said warrant should be contested and triable in the Municipal Court of the City of Augusta, all issues of law and fact formed thereon by counter-affidavit or otherwise shall be tried by the judge of said court without the intervention of jury, unless a demand for jury trial is filed at the time of filing said warrant, affidavit, counter-affidavit or pleadings thereon, either by the plaintiff or defendant. Failure to file such a demand for trial by jury shall be deemed said jury trial to have been waived. Same. Section 4. Be it further enacted by the authority aforesaid, that there shall be a judge of said Municipal Court, whose term of office shall be four years and who shall be elected by the qualified voters of the County of Richmond quadrennially at the regular State election for the election of members of the General Assembly and in the same year in which presidential elections are held; Provided that the judge of said court first elected under the terms of this Act shall be elected on the third Wednesday in December, 1932, at the election to be held for that purpose; provided further that all qualified voters of the county resident in and/or outside of the City of Augusta shall be permitted to vote in the voting precinct in which they live in the same manner as they vote for other candidates for other State and/or county officers. Judge. Section 5. Be it further enacted by the authority aforesaid, that the judge of said Municipal Court shall be commissioned by the Governor, and before entering upon the duties of his office shall take the same oath required by law of Superior Court Judges; that any person who shall be elected judge, or appointed clerk or sheriff of said Municipal Court must at the time of his election, or appointment, be a qualified voter of Richmond County, the judge of said court shall be a practicing attorney at law at least five (5) years immediately preceding his election; Provided further that the judge of said court shall be subject to the

Page 3526

same restrictions as imposed by law upon the Superior Court judges prohibiting practicing law. Same. Section 6. Be it further enacted by the authority aforesaid, that every vacancy in the office of judge of said Municipal Court, occasioned by death, resignation, or other cause shall be filled by appointment of the Governor for the unexpired term thereof. Vacancies. Section 7. Be it further enacted by the authority aforesaid, that the judge of said Municipal Court is hereby clothed with the same powers and authority as is conferred by the Constitution and laws of this State upon a justice of the peace, and with such additional rights, powers, and jurisdiction as is provided by the terms of this Act; that said judge of said Municipal Court shall have the power and authority, under the limitations set out in this Act, to hear, determine, and dispose of all cases and actions, civil, criminal, of which said court has jurisdiction, and to give judgment and execution therein; to hold court from day to day continuously, if necessary to the dispatch of the business of said court. The judge of said court shall have the same power to preserve order, to compel obedience to his orders, to inflict summary punishment for contempt, to enforce the judgment of his court, as is given by law to the judges of the Superior Courts of this State; provided, however, that said judge shall have no power to impose punishment for contempt exceeding a fine of one hundred ($100.00) dollars and/or thirty (30) days in the county jail. The Judge of said Municipal Court shall have, in addition to the powers enumerated in this Section, all the powers, prerogatives, and authority, in matters wherein the subject matter and the amount involved are not beyond the jurisdiction of said court, that are conferred upon the judges of the Superior Court, shall apply to the judge of said Municipal Court so far as the same may be applicable, unless inconsistent with the provision of this Act. Judge's powers. Section 8. Be it further enacted by the authority aforesaid, that in the event the judge of said Municipal Court is, from absence or any cause, or for any reason disqualified

Page 3527

to act and/or unable to discharge the duties of his office, or from any causes disqualified from presiding, the judge of Municipal Court shall have the power to appoint some competent attorney resident in Richmond County, Georgia, said appointment to be concurrent with the term of office for which said judge making such appointment is elected, to preside in said court in his stead, and the attorney when so appointed, when the appointment is entered upon the minutes of the said Municipal Court, shall exercise all the functions of the judge thereof. The compensation of said attorney for actual service as presiding judge shall be thirty ($30.00) dollars per diem, to be paid as the other officers of said court are paid. Judge pro hac. Section 9. Be it further enacted by the authority aforesaid, that the salary of the judge of Municipal Court shall be ten thousand ($10,000.00) dollars per annum; the salary of the clerk of said court shall be six thousand ($6,000.00) dollars per annum and the clerk of said court shall have the power, by and with the consent of said judge of said court, to appoint a chief deputy clerk and the salary of the chief deputy clerk shall be $4,020.00 per annum, and the clerk of said court shall have the power by and with the consent of the judge of said court to appoint two (2) deputy clerks at $3,600.00 salary per annum; and the clerk of said court shall have the power, by and with the consent of the judge of said court, to appoint one (1) deputy clerk, as the business of said court may demand, at a salary not to exceed eleven ($11.00) dollars per diem. The salary of the sheriff of said court shall be $6,000.00 per annum, and the sheriff of said court shall have power by and with the consent of the judge of said court to appoint a chief deputy sheriff at $4,200.00 per annum, and six (6) deputy sheriffs at $4,020.00 per annum. And with the consent of the judge of said court two (2) deputy sheriffs, as the business of said court may demand, at a salary not to exceed twelve ($12.00) dollars per diem. Provided, nevertheless, that said deputy sheriff, clerk or deputy clerks or deputy sheriffs shall serve only during such time as both the judge, the clerk and/or the sheriff may deem their services necessary of the best interest of the court. Any such deputy clerk or deputy sheriff may be discharged by the judge, and/or

Page 3528

clerk or sheriff at any time, and any such vacancy or vacancies thus created shall be filled in the same manner as such officers were originally appointed under this Act as amended. The compensation of all officers of said Municipal Court shall be paid monthly out of the treasury of Richmond County, Georgia, upon the warrants of the judge of said court by the officer or officers charged by law with paying out the money of said County and charged as part of the expenses of the said court. Salaries, clerk, sheriff, etc. Section 10. Be it further enacted by the authority aforesaid, that the sheriff and the clerk of the Municipal Court, City of Augusta, shall be appointed by the judge of said court for a term of office to run concurrently with his own. The sheriff and the clerk of said court shall have authority, with the approval of the judge of said court, to name their deputies who shall hold said office at the pleasure of the said sheriff or clerk as the case may be, subject to approval of the judge of said court. It is hereby further provided that the judge and all of the other officers of Municipal Court, City of Augusta, now serving their present term of office are hereby confirmed as the judge and other officers of said court. Sheriff and clerk. Section 11. Be it further enacted by the authority aforesaid, that all of the requirements and duties, powers and authority imposed by law upon and conferred upon the clerk of Richmond Superior Court and the sheriff of Richmond County shall be obligatory upon and shall be vested in the clerk and sheriff of said Municipal Court, and the several deputies, respectively and shall be concurrent and co-existent with said clerk of Superior Court and sheriff of Richmond County, except where inconsistent with or limited by the provisions of this Act defining the jurisdiction of said court; provided, however, that the amount of the bond of the clerk of said Municipal Court shall be ten thousand ($10,000.00) dollars, and the amount of the bond of the sheriff of said Municipal Court shall be ten thousand ($10,000.00) dollars, and the amount of the bond of deputy clerks of said Municipal Court shall be five thousand ($5,000.00) dollars; and the amount of the bond of deputy sheriffs of said Municipal Court shall be five

Page 3529

thousand ($5,000.00) dollars; all such bonds to have as surety thereon a surety company doing business in this State and having an office and authorized to do business in Georgia, the premium of such bonds to be paid out of the county treasury of Richmond County, Georgia. Same, duties, bonds, etc. Section 12. Be it further enacted by the authority aforesaid, that the clerk and deputy clerks of said Municipal Court shall have complete power and authority, co-existent and coordinate with the power of the judge of said court, under the provisions of this Act, to issue any and all warrants, civil or criminal, suits, and garnishments, writs of attachments, distress warrants, dispossessory warrants, warrants against intruders, warrants against tenant holding over, possessory warrants, bail trover, and summary processes and writs which are issuable as a matter of right, to accept and approve bonds, and to discharge any and all other functions, which under the laws of this State are performable by a justice of the peace. And all deputy clerks, if and when so appointed under the terms of this Act, shall exercise all the functions and be subject to all the responsibilities and requirements of the clerk of said court. Warrants, etc. Section 13. Be it further enacted by the authority aforesaid, that said Municipal Court shall be a court of record, and shall have a seal, and the minutes, records, and other books and files, that are required by law that are to be kept by the Superior Court shall in the same manner, so far as the jurisdiction of said Municipal Court may render necessary, be kept in and for said Municipal Court; provided, that the clerk of said Municipal Court shall preserve in suitable files all original papers in each case, which shall not be removed from said clerk's office without the permission of the judge of said court, and proper receipt being given to said clerk or deputy clerk of said court. Court of record, etc. Section 14. Be it further enacted by the authority aforesaid, that with the exception of the judges of Richmond Superior Court and the judge of the City Court of Richmond County, the said Municipal Court shall have jurisdiction to sit as a court of inquiry to examine into

Page 3530

accusations against persons arrested on warrants for offenses committed within the limits of said County of Richmond. Court of inquiry. Section 15. Be it further enacted by the authority aforesaid, that all warrants, summary processes, writs, processes, garnishments, attachments, and suits issuing out of said Municipal Court, in which the principal sum claimed to be due or the value of the property in dispute does not exceed five thousand ($5,000.00) dollars, shall be returnable to said Municipal Court in the same manner and under the same rules as such writs are required to be returned to the Superior Court or the justice courts of this State, as the case may be, save and except as provided by the terms of this Act, and not inconsistent with this Act. Procedure. Section 16. Be it further enacted by the authority aforesaid, that the general laws of this State in regard to commencement of actions in the Superior Courts, and defenses thereto, of whatever nature, the pleadings, the method of procedure and practice therein and in regard to the examination of the parties to suits or witnesses, by interrogatories or under subpoena, witnesses and their attendance, continuances, charge of the court, granting of new trials, and other matters of a judicial nature within the jurisdiction of said Municipal Court, shall be applicable to said Municipal Court, except as may be otherwise provided in this Act, provided, however, that all declarations in attachments in said court shall be filed before the call of the appearance docket at the term of said court to which such attachment is made returnable. Same. Section 17. Be it further enacted by the authority aforesaid, that suits and garnishments in said Municipal Court shall in all respect be conformable to the mode of procedure in the Superior Courts, save as in this Act excepted; process to suit shall be annexed by the clerk of said court; bear teste in the name of the judge thereof, and be directed to and served by the sheriff of said court or his lawful deputies: All executions, warrants, writs and summary processes of any kind issuing from said Municipal Court shall be issued by the judge thereof; or in his name

Page 3531

by the clerk or deputy clerks, and be directed to the sheriff and his lawful deputies of said Municipal Court and to all and singular the sheriffs and deputy sheriffs, and lawful constables of this State, and shall be executed by the sheriff of his deputies of said Municipal Court, or by any sheriff, deputy sheriff, or lawful constable or other peace officer, as now provided by law for such proceedings from the Superior Courts, or justice of the peace courts of this state. Garnishment. Section 18. Be it further enacted by the authority aforesaid, (A) That the terms of said Municipal Court shall be held monthly, on the fourth Monday in each month; that suits, garnishments and attachments shall be filed in the clerk's office of said court at least fifteen (15) days before the first day of the term to which they are returnable, and shall be served at least ten days before the first day of said term. The terms of said court shall end at twelve o'clock noon, on the fourth Monday in each month for the preceding term. The judge of said court shall call the appearance docket on the first day of each return term at twelve o'clock, Eastern Standard Time; and in all cases in which no answer has been filed before said docket is called by said judge, the judge on the call of the appearance docket shall mark the same In default, and no judgment shall be rendered in any such case until after the expiration of five days from the marking of said case in default. The right of opening such default shall be governed by the same rules of law now in force as to opening defaults in the Superior Courts of this State, whether judgment has been rendered in said case or not. Save and except that the defendant shall have the right to open such default as a matter of right upon the filing of his petition to open said default and payment of all accrued cost within the five day period aforestated. Terms. Section 19. That in all cases in said court in which the principal sum claimed or the value of the property in controversy does not exceed fifty ($50.00) dollars, the rules of pleading as provided for in sections 15, 16 and

Page 3532

17 hereof shall not be required of parties prosecuting or defending any such action therein, and it shall not be necessary to paragraph either petition or answer; but no suit or proceeding, or answer thereto, shall be accepted or filed by the clerk of said court unless a substantial statement of the cause of action, or matters of defense, of whatsoever character, be first reduced to writing. No demurrer or special plea shall be required, but every defense in point of law or of fact may be taken advantage of in the answer; provided, that if the plaintiff shall verify his claim, or if a suit is brought on an unconditional contract in writing, the defendant shall be required to verify his answer. In the furtherance of justice the judge of said court shall permit any claim, suit, process, pleading, or record to be amended in form or in substance, or material supplemental matter to be set forth in an amended written pleading, and shall disregard any error or defect which does not affect the substantial rights of the parties; but no amendment presenting a new and distinct cause of action or new party or parties shall be allowed. Procedure in cases of less than $50.00. Section 20. Be it further enacted by the authority aforesaid, that on the call of the appearance docket as hereinbefore provided, all cases may be assigned for trial by the judge of said court on a day within the term to which they are brought, unless continued for good cause shown, and in conformance with such rules and regulations of procedure now promulgated and of force, or which hereafter may be adopted in said court. If a case so placed on the trial calendar is not disposed of within ninety days from the first day of the term to which it is brought, it may dismissed by the judge in the exercise of a sound discretion, without prejudice to a new one, and costs taxed against the delinquent party. Calendar etc. Section 21. Be it further enacted by the authority aforesaid, that every case in said Municipal Court shall be tried by the judge thereof without a jury, unless a written demand for a trial by jury is filed in said court by the plaintiff, or his attorney, or by any other party seeking affirmative relief at the time such action or proceeding is instituted, or by the defendant, or his attorney on or before

Page 3533

the day and time which he is required to appear in court in response to the proceedings against him. Upon the failure of a party to demand a trial by jury, he shall be held to have waived such right. Trials. Section 22. Be it further enacted by the authority aforesaid, that all laws with reference to the drawing, selecting and summoning of traverse jurors in the Superior Court shall apply to said Municipal Court, under the limitation provided by the terms of this Act. Juries. Section 23. Be it further enacted by the authority aforesaid, that all laws with reference to the qualification, relationship, impaneling, challenging, and compensation of jurors, now or hereafter in force, applicable to the Superior Courts of Richmond County, Georgia, shall apply to and be observed in said Municipal Court except as where in conflict with the terms of this Act. Jurors. Section 24. Be it further enacted by the authority aforesaid, that all jury trials in said court shall be by a jury of six. From said panel of traverse jurors drawn and summoned in accordance with the provisions of this Act, the judge of said Municipal Court shall cause to be made up at least one panel of jurors containing twelve jurors, and as many other jurors as may be in his discretion be necessary, and all cases and issued to be tried by jury at such term of said Municipal Court shall be tried by a jury stricken from a panel of jurors thus drawn, plaintiff and defendant each being entitled to three preemptory challenges. In the event that said jurors should be reduced below twelve for any cause, or when upon challenge or from any other cause there shall not be a sufficient number of persons in attendance to complete the panel of jurors, the judge shall draw the tales jurors from the jury box as now provided by law, and order the sheriff to summon the jurors so drawn; and when the sheriff or his deputy shall be disqualified to summon talesmen, they may be summoned by the sheriff of Richmond County or his deputies, or such other person as the judge may appoint. Juries. Section 25. Be it further enacted by the authority

Page 3534

aforesaid, that all sales of personal property levied upon in the County of Richmond, under process of Municipal Court, or any other process, summary processes, or any other execution, executed by said Municipal Court officers, shall take place at the courthouse door during the legal hours of sale, at public outcry, on the Monday next following ten days advertisement by notice posted before the courthouse door, describing the property to be sold, the place and hour of sale, the name and residence of the owner of the property, and the style of the case in which the execution issued. Such sales to be conducted by the sheriff of said court or his deputy; provided, that sales of perishable property and sales on the premises may be made as provided by law, and provided, further, that in all cases where real estate is levied upon under a process from said court, the subsequent proceedings shall conform to the laws governing the sale of real estate, save and except that all advertisement and sale of said real estate shall be conducted by the sheriff of said court, or his deputy. Public sales, etc. Section 26. Be it further enacted by the authority aforesaid, that the judge of the Municipal Court of the City of Augusta, shall have the same authority as the judge of the Superior Court to order a case reported, and he may direct the case reported when either party or counsel request it, or when in the discretion of the judge the ends of justice require that the case may be reported. Whenever a case is reported in said court, either by agreement of parties or counsel, or by discretion of the court under the rule, the costs of such reporting shall be taxed equally against the parties to the case and shall be assessed as costs in the case under the same rules as prevail in the Superior Court, save that the charge for such reporting shall be 10 per hundred words for writing it out. If either party or his counsel object to the reporting of the case, the party so objecting shall not be charged with any expense of reporting the case unless the judge on preliminary investigation shall determine that the case is one that should be reported and shall direct it reported under the rule. Reporting cases. Section 27. Be it further enacted by the authority aforesaid, that:

Page 3535

(A) In all cases in said court wherein the principal sum claimed or the value of property in controversy does not exceed fifty ($50.00) dollars, whether tried by jury or tried by the judge without a jury, the judgment of said court shall be conclusive, and no new trial shall be granted, provided, nevertheless, said case may be carried to the Superior Court by certiorari as provided by the general laws in reference to the writ of certiorari. New trials, review, etc. (B) In all cases in said court tried by the judge thereof without a jury or tried by jury, in which the principal sum claimed or the value of the property in controversy exceeds fifty ($50.00) dollars, upon announcement of the judgment by the court, or upon rendition of the verdict by the jury, any party or his counsel may make a written motion for a new trial within thirty (30) days after judgment is entered in said case. Unless said motion for new trial is made as herein provided, the parties shall be held to have waived their right to move for a new trial, except upon the grounds on which extraordinary motions for new trial may be made. Said motion may be heard at such time not exceeding sixty (60) days after the making of said motion as the court in its discretion may set for a hearing; provided, nevertheless, that upon the disposition of a motion for new trial by said Municipal Court, any party, plaintiff or defendant or claimant therein, may certiorari said case to the Superior Court of Richmond County under the general law of the writ of certiorari. Provided, however, that in the event the case is tried before a jury, then in this event the right of certiorari will not lie and the appeal shall be to the court of Appeals or Supreme Court pursuant to jurisdictional requirements. (C) Be it further enacted by the authority aforesaid, and it is enacted by the authority of the same, to-wit: From any final judgment of the said Municipal Court a writ of error shall lie to the Court of Appeals of Georgia, under the same rules that apply to writs of error from the Superior Courts of this State: Provided, nevertheless, all bills of exceptions shall be presented to the judge of said Municipal Court not later than thirty (30) days from the rendition of the final judgment therein, and served and

Page 3536

filed within fifteen (15) days from the date of the certificate of said judge. Section 28. Be it further enacted by the authority aforesaid, that all judgments obtained in said court shall be liens upon property belonging to the defendant or defendants, to the same extent and upon the same conditions as judgments of the Superior Courts of this State. Judgments. Section 29. Be it further enacted by the authority aforesaid, that from and after the passage of this Act it shall be necessary for the plaintiff, before or at the time of instituting any civil proceeding in said court, to deposit with the clerk of said court the sum of three ($3.00) dollars upon the costs that will accrue therein; Provided, nevertheless, if any plaintiff who may desire to institute any action in said court is unable from poverty to make the said costs deposit, he may make an affidavit to that effect and file the same with the proceeding sought to be sued out or instituted; whereupon it shall be the duty of the officers of said court to proceed with said matter as though said deposit had been paid. Provided, nevertheless, that the clerk of said court shall not be required to file any proceeding in which the plaintiff is a non-resident, and the amount involved, or the property in controversy, does not exceed one hundred ($100.00) dollars, until five ($5.00) dollars shall have been deposited with the clerk, or the amount involved, or the property in controversy, exceeds one hundred ($100.00) dollars, until ten ($10.00) dollars, shall have been deposited with the clerk, on account of costs. The court at any stage of such cause on motion of the clerk, shall require such additional deposit as the case may require. If the case be withdrawn or dismissed, or if, upon final judgment, the deposit exceeds that amount of the cost taxable by law, the clerk shall refund to the depositor the excess. Costs, etc. Section 30. Be it further enacted by the authority aforesaid, that it shall be the duty of the judge of said court to see to it that the officers of his court are diligent in the collection of costs, and shall adopt such other measures and rules as will insure the payment of costs by the party or parties therefor. Same.

Page 3537

Section 31. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that on and after the passage of this Act, no officer of any justice court whose district lies in whole or in part within the limits of the City of Augusta, Georgia, shall have authority to issue or serve any civil, quasi-criminal paper, process, or writ of any character, against any person, firm, or corporation residing within the corporate limits of the City of Augusta, Georgia, without regard to the location of the court from which said paper or process issued, nor shall any justice of the peace issue any criminal warrant for any misdemeanor or crime committed within the limits of the City of Augusta, Georgia. Justice courts. Section 32A. Be it further enacted by the authority aforesaid, that in the event any justice of the peace whose district adjoins the City of Augusta is disqualified from presiding in a particular case or refuses to serve in such case, or if such justice of the peace is sued and there is no other justice in his district who is qualified to act, said Municipal Court of Augusta shall have jurisdiction of such case concurrent with justice courts in other adjoining districts. Same. Section 32B. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the justice courts, whether presided over by justice of peace or notary public ex officio justice of peace, whose districts lie partly within and partly without the corporate limits of the City of Augusta, and who have heretofore exercised jurisdiction throughout the City of Augusta, as well as those justice courts whose district lies within the corporate limits of the City of Augusta, shall have no jurisdiction over any person, firm, or corporation residing in the City of Augusta, and none of said courts shall have any jurisdiction to try any civil or criminal cause therein pending against any resident of the City of Augusta, except in the case of joint liability or joint tortfeasors or actions, or in the case of principal and surety where one of the parties is a resident of the district wherein the proceeding is instituted. All of said justice courts shall be without jurisdiction to try any civil or criminal

Page 3538

case pending therein from and after the passage of this Act, against any resident of the City of Augusta, except in the case of joint maskers, joint tort feasors or principal and surety, and only then if such court has jurisdiction over one of the parties sued who is a non-resident of the City of Augusta. Same. Section 33. Be it further enacted by the authority aforesaid: (A) That all cases, civil or criminal, pending and undisposed of, from and after the passage of this Act, in justice courts lying wholly within the City of Augusta, Georgia, shall be and they are hereby transferred to said Municipal Court for trial and disposition therein. All final and other processes in the hands of officers of said justice courts shall be by them returned to said Municipal Court, and the judge and other officers of said Municipal Court shall have power and authority to issue and enforce in the name of said Municipal Court any and all processes in any case from said justice courts necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of said justice courts. All fi. fas, and final processes not satisfied in the hands of the officers of said justice courts, from and after the passage of the Act shall be levied by the officers of said Municipal Court. All records, books, and papers in cases disposed of and of file in said justice courts shall be filed and deposited with the Clerk of said Municipal Court, and all property of parties to actions in said justice courts in the legal custody of the said court shall be delivered to the sheriff of said Municipal Court. It is hereby made the duty of said justices of the peace and/or constables to which this Act is applicable to comply with the provisions of this Section; and any justice of the peace and/or constable who shall fail to transmit such suits, papers and documents, or to return such final or other processes, or to deliver the books and records or property in the custody of the courts, within three days after written demand for such transmission or delivery has been made by the clerk of said Municipal Court or any party at interest, shall be held in contempt of said Municipal Court, and be punished

Page 3539

as provided in cases of contempt in the Superior Courts of the State of Georgia. The officers of said justice courts in this section referred to shall be entitled to all uncollected costs which have accrued in the cases in their respective courts so transferred up to the passage of this Act, upon the collection of the same by the officers of said Municipal Court. Same. (B) Be it further enacted by the authority aforesaid, that the provisions of preceding paragraph shall apply to the justices of the peace and justice courts whose districts are within and partly without the corporate limits of the City of Augusta, Georgia, in all cases, civil or criminal, jurisdiction of which will devolve upon said Municipal Court pending and undisposed of from and after the passage of this Act, and none other. Section 34. Be it further enacted by the authority aforesaid, that the board of commissioners of roads and revenue of Richmond County, Georgia shall provide a suitable and convenient place for the holding of said Municipal Court of Augusta; and shall provide all necessary books, stationery, and filing cases for keeping the dockets, files and records of said court. Office space, supplies, etc. Section 35. Be it further enacted by the authority aforesaid, that a complete set of the published reports of the Supreme Court and the Court of Appeals of Georgia, and the Acts of the General Assembly of Georgia commencing with Acts of 1910 and the Code of 1933, shall be furnished by the State Librarian to the Clerk of said court for the use of said court. Law books. Section 36. The scale of costs to be collected by the officers of the Municipal Court, City of Augusta, shall be graduated and divided according to classifications, depending upon the amount involved in each case or the nature of the case as follows: (A) In all cases involving up to $100.00 principal under above method of computing not including interest, hire and costs, the costs to be charged and collected by the

Page 3540

officers of said court shall be as set out in the following schedule: Costs. (Cases not over $100.00). Each original summons $.75 Each copy of summons .75 Filing papers in any case .50 Seal .25 Affidavit and bond to obtain attachment and issuing and filing same 3.00 Entering judgment in each case .75 Trial of each case when same is litigated 1.25 Docketing each case .50 Each witness sworn .35 Issuing each execution .75 Making out interrogatories and certifying same 2.00 Making out recognizances and returning same to court 1.00 Each Subpoena for witness .25 Issuing each distress warrant and filing same 3.00 Each affidavit when a case is pending .75 Answering every writ of certiorari to Superior Court 4.00 Presiding at trial of forcible entry and detainer 3.00 Presiding at trial of right of way case 3.00 Issuing rule to establish lost papers 2.00 Trying the same 1.00 Presiding at trial of nuisance case 2.00 Witnessing any paper .75 Affidavit and bond to obtain garnishment and filing 2.25 Issuing summons of garnishment .75 Each additional copy of summons .75 Settling case before judgment .75 Claim affidavit and bond 1.00 Trying same 1.00 Certifying transcript 1.50 Issuing order to sell perishable property 1.50 Each Lien foreclosure and docketing same 2.75 Each order issued by the court 1.50 Each case tried by jury 1.00 Issuing commission to take interrogatories 4.00 Backing fieri facias .75 Rule nisi against officer 1.00 Trying the same .75 Judgment on the same .75 Each criminal warrant issued 2.00 Serving Summons of attachment 1.00 Each return of officer 1.00 Serving each copy of summons 1.00 Summoning each witness .50 Attending court, for each judgment rendered Sheriff's Cost 1.00 Levying fieri facias 1.00 Settling fieri facias when property not sold 1.50 Returning nulla bona 1.00 Collecting executions issued by coroners 1.50 Collecting executions issued by tax collector 1.50 Keeping or Storage of any motor vehicle, not to exceed per day .50 Keeping each dog, per day .50 Keeping horse, mule, ox or ass, per day 1.00 Keeping each head of meat cattle, per day .50 Keeping each head of sheep, goats or hogs .50 Keeping or storage of household furniture or appliances, not to exceed per day 1.00 All sales made by sheriff, amount on sales commission 6 per cent Serving rule to establish lost paper 1.00 Every additional copy .75 Serving court order 1.00 Each additional copy .75 Following property out of county, going and returning per mile .10 Levying each distress warrant 2.00 Each advertisement 1.00 Taking bond in civil cases 1.00 Taking bond in criminal cases 2.00 Serving summons of garnishment 1.00 each additional summons 1.00 For hauling or drayage in handling of any property seized by virtue of process from court, not to exceed $4.00 per hour for use of any vehicle used in hauling or drayage, and $1,25 per hour for labor. For towing or wrecker service for motor vehicle seized under legal process, not to exceed $1.00 per mile, minimum charge for any vehicle seized within corporate limits, City of Augusta not to exceed 3.00 (B) In all cases in said court where the principal amount involved, not including interest, hire and costs, exceed $100.00, and in all cases where the value of the property involved exceeds $100.00 or where the cross-action or counter-claim of the defendant exclusive of interest, hire or costs exceeds $100.00, the costs to be charged and collected by the officers of said court shall be the same as the costs in the Superior Court, taxable for the clerk and the sheriff respectively. (C) The costs to be taxed in said court in possessory warrant cases, criminal warrants, peace warrants and search warrants shall be the same as those fixed by law. (D) In dispossessory warrant cases and proceedings to eject intruders, the costs shall be $2.50 for the clerk for issuing and $2.50 for the sheriff for serving the warrant, and other costs shall be the same as justice of the peace courts costs. Said $5.00 shall be deposited with the clerk at time of filing and issuing of said warrant. (E) In trover and bail-trover suits where the principal amount involved exclusive of interest, hire and costs, or the alleged value of the property, exclusive of hire and cost, does not exceed $100.00, the costs taxable by the clerk shall be the same as justice of the peace court costs. If the principal amount involved, exclusive of interest, hire and costs or the alleged value of the property involved, exclusive of hire and costs, exceeds $100.00, Superior Court costs shall be taxed by the clerk against the party cast therein.

Page 3543

(F) In all other cases not herein specifically provided for the costs to be taxed by the clerk shall be the same as justice of the peace court costs in all cases where the principal amount involved exclusive of interest, hire and costs does not exceed $100.00 and shall be the same as Superior Court costs where such principal so computed does exceed $100.00. In cases where such principal so computed does exceed $100.00, the sheriff's costs for advertising personal property shall be $2.00. (G) All costs collected in said court by the officers thereof shall be paid into the treasury of Richmond County monthly on the first, or within ten days thereof, of each month by the clerk to be applied to the expenses of operating said court. (H) Should the amount claimed by the plaintiff place the suit in one classification as to costs and the amount claimed by the defendant in his cross-action of counterclaim place the suit in another classification, the costs to be charged on the cross-action shall be determined by the judgment or verdict in the case. Section 37. In addition to the personnel which the judge may appoint as hereinbefore described, said judge shall have the power to appoint, and at pleasure to remove a secretary to serve the judge of said court. Such secretary shall take all stenographic notes, transcribe the same, required by the judge of said court, and do and perform such other duties as the judge of said courts may require at chambers, or in court. And said secretary, if and when so appointed under the terms of this Act, shall have the same powers and authority and exercise all the functions and be subject to all responsibilities and requirements of the clerk of said court. The salary of the secretary of said court shall be three thousand ($3,000.00) dollars per annum; and shall be paid monthly out of the treasury of Richmond County, Georgia, upon the warrants of the judge of said court by the officer or officers charged by law with paying out the money of county and charged as a part of the court expenses of the said court. Secretary.

Page 3544

Section 38. Be it further enacted by the authority aforesaid, that hereto attached is a copy of the advertisement of the intention to apply for this Act, that ran in the legal gazette for Richmond County, Georgia, in which the sheriff's advertisement ran, which is by reference incorporated herein and made a part of this Act. Section 39. Be it further enacted by the authority aforesaid, that if any Section or provision of this Act shall be held unconstitutional, or invalid, by any court of competent jurisdiction, the corresponding original Acts hereby sought to be changed shall ipso facto and pro tanto stand reenacted and restored, and it shall not affect the validity and constitutionality of the remainder of this Act. Severability. Section 40. 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. Effective date. Section 2. This Act shall become effective on July 1, 1963. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. 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 Notice of Intention to Introduce Local Legislation, duly appeared in said newspaper on the following dates to wit: February 1-8-15, 1963. /s/ Marie LeRoy, Secty.

Page 3545

Sworn to and subscribed before me, this 16 day of February, 1963. /s/ Katie Broadwater Notary Public, Richmond County, Ga. My Commission expires Jan. 13, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given to the public that the undersigned will introduce at the 1963 Session of the General Assembly of Georgia a local Bill for Richmond County, which will amend an Act of the General Assembly of Georgia, Acts of 1961 pages 2732-2757, and the amendatory Acts thereof, which is an Act to create for the City of Augusta a Municipal Court. The local legislation which is to be introduced will be as follows: An Act entitled An Act to abolish Justice Courts and the office of Justice of the Peace and Notary Public ex-officio Justice of the Peace, and the office of Constable in the City of Augusta, Richmond County, Georgia; to establish and create in lieu thereof a Municipal Court in and for the City of Augusta; to define its jurisdiction and powers; to provide for the election of a judge and clerk and sheriff, and the appointment of other officers thereof; to define their powers and duties, and to fix their compensation; to provide for rules of procedure and new trials in said court and writs of error therefrom; and for other purposes; together with all the amendatory Acts thereof; to revise, consolidate and clarify all the laws establishing, concerning and relating to the Municipal Court, City of Augusta, in and for the County of Richmond; to provide for the election of judge thereof and the appointment of all other officers; to establish and revise the rules of procedure; to provide for trial by jury of six members; to

Page 3546

repeal all conflicting and unnecessary laws; and for other purposes. This 30th day of January, 1963. /s/ James M. Hull, Jr. Representative of Richmond County, Georgia /s/ John C. Bell Representative of Richmond County, Georgia /s/ William M. Fleming, Jr. Representative of Richmond County, Georgia /s/ J. B. Fuqua, Senator 22nd Senatorial District /s/ Milford A. Scott, Senator 23rd Senatorial District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. Bell, 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: February 1, 8, 15, 1963. /s/ John C. Bell Representative, Richmond County Sworn to and subscribed before me, this 27 day of February, 1963. /s/ Knox Bynum Notary Public, Rabun County, Ga. My Commission expires May 31, 1966. (Seal). Approved April 12, 1963.

Page 3547

ASSISTANT SOLICITORS-GENERAL, ETC. IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 135,000 AND NOT MORE THAN 140,000. No. 493 (House Bill No. 587). An Act to provide for the appointment of an assistant solicitor-general, an investigator and three stenographer-clerks in the office of the solicitor-general in all counties of this State having a population of not less than 135,000 and not more than 140,000 according to the United States census of 1960 or any future United States census; to provide for their duties, compensation, authority, term of office, and removal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of not less than 135,000 and not more than 140,000 according to the United States census of 1960 or any future United States census, the solicitor-general may appoint for his office an assistant solicitor-general, an investigator, and three stenographer clerks. Appointments. Section 2. The assistant-solicitor general, the investigator, and the three stenographer-clerks shall be subject to removal by the solicitor-general for misconduct in office or other sufficient cause, or when their services are no longer required. Removal. Section 3. The assistant solicitor-general after receiving his appointment, but before assuming the duties of office, shall take the same oath of office as is prescribed for the solicitor-general of the various circuits of this State. The assistant solicitor-general shall have such authority as may be delegated to him by the solicitor-general under whom he holds his appointment, and when acting on behalf of the solicitor-general, he shall have all the authority and power, as well as the duties of the solicitor-general in the courts of the county of his appointment. Duties of assistant solicitor-general.

Page 3548

Section 4. The assistant solicitor-general shall receive as compensation for his services a salary of $470.00 per month to be paid monthly out of the county treasury of the county of said assistant solicitor's-general appointment and he shall be entitled to be paid monthly out of the county treasury of such county the sum of $50.00 per month for car allowance so long as he uses his car in connection with his office. Section 5. No person shall be eligible to appointment to the office of assistant solicitor-general who has not been a resident citizen of this State for three years, and of the county for at least one year, just preceding such appointment, and who does not permanently reside in the circuit at the time of such appointment, and who has not attained the age of twenty-five years and who has not been duly admitted and licensed to practice law in the superior courts of Georgia for at least three years. Qualifications. Section 6. The duties of the investigator shall be to assist in the investigation, preparation and trial of all criminal cases and he shall have the authority to make arrests, serve warrants, subpoenas and the same authority that any other peace officer of the State of Georgia now has or may hereafter be authorized. Investigator. Section 7. The investigator shall receive as compensation for his services a salary of $300.00 per month to be paid monthly out of the county treasury of the county of said investigator's appointment and he shall be entitled to be paid monthly out of the county treasury of such county the sum of $25.00 per month for car allowance so long as he uses his car in connection with his office. Salary. Section 8. The duties of the three stenographer-clerks shall be to assist in the investigation, preparation and trial of all criminal cases, to do clerical work in the office of the solicitor-general and perform such other duties in connection with the criminal and other business in said office as may be directed by the solicitor-general. Stenographer-clerks. Section 9. The said three clerks, one of whom shall be designated as chief clerk, shall be paid from the treasury of

Page 3549

said counties as part of the court expenses of said counties, a monthly salary for said chief clerk not to exceed $325.00 per month; a monthly salary for the second clerk not to exceed $300.00 per month; and a monthly salary for the third clerk not to exceed $300.00 per month. Salaries. Section 10. This Act shall become effective on July 1, 1963. Effective date. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1963. ASSISTANT SOLICITORS OF CITY COURTS IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 135,000 AND NOT MORE THAN 140,000. No. 494 (House Bill No. 588). An Act to provide for the appointment of an assistant solicitor of the city court of all counties of this State having a population of not less than 135,000 and not more than 140,000 according to the United States census of 1960 or any future United States census; to provide for his duties, compensation, authority and term of office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (1) In all counties of this State having a population of not less than 135,000 and not more than 140,000 according to the United States census of 1960 or any future census of the United States, the solicitor of the city court of said county shall have the right and authority to appoint an assistant solicitor, with the approval of the judge of said court, to serve at the pleasure of the solicitor and judge of said court. Appointment.

Page 3550

(2) The assistant solicitor of the city court herein provided for, before assuming office, shall take the same oath of office as is prescribed for the solicitor of the city court in which he is appointed. The said assistant solicitor of the city court shall have such authority as may be delegated to him by the solicitor of the court in which he is appointed, and when acting on behalf of or for the solicitor of said court in which he is appointed, shall have all the authority and power vested in the solicitor of the city court in the county in which he is appointed. Duties. (3) The salary of the assistant solicitor of the city or county court shall be $390.00 per month to be paid monthly out of the county treasury of the county of such assistant's appointment, and he shall be entitled to and be paid monthly out of the county treasury of such county the sum of $50.00 per month for car allowance so long as he uses his car in connection with his office. Salary. (4) Said assistant solicitor shall have been a resident of the county of his appointment for a period of not less than one year prior to his appointment, he shall be at least 21 years of age at the time of assuming office and shall have been admitted to the bar of Georgia and qualified to practice law. Qualifications. Section 2. This Act shall become effective on July 1, 1963. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1963.

Page 3551

CLERK FOR OFFICE OF SOLICITOR OF CITY COURTS IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 135,000 AND NOT MORE THAN 140,000. No. 495 (House Bill No. 592). An Act to provide for the appointment of a clerk for the office of the solicitor of the city court of all counties of this State having a population of not less than 135,000 and not more than 140,000 according to the United States Census of 1960 or any future United States Census; to provide for such clerk's authority, duties and compensation; 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. (a) In all counties of this State having a population of not less than 135,000 and not more than 140,000 according to the United States Census of 1960 or any future Census of the United States, the solicitor of the city court of said county shall have the right and authority to appoint a clerk for the office of the solicitor of said city court, to serve at the pleasure of the solicitor. Appointment, salary. (b) The said clerk shall have such authority and perform such duties as may be delegated or required by the appointing solicitor. (c) The salary of such clerk shall be $350.00 per month to be paid monthly out of the county treasury of the county of such clerk's appointment. Section 2. This Act shall become effective on July 1, 1963. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 12, 1963.

Page 3552

HALL COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES, REFERENDUM. No. 497 (House Bill No. 607). An Act amending Act No. 210, Ga. Laws 1935, which created the board of commissioners of roads and revenues in the County of Hall, and Acts amendatory thereof, by prescribing the number of persons composing the board and their terms of office; and by providing for a referendum in Hall County for approval of this Act before it becomes effective. Be it enacted by the General Assembly of Georgia: Section 1. Sections 2, 3, and 4 of Act No. 210, Ga. Laws 1935 and all Acts amendatory of said sections are herewith repealed. Section 2. Effective Jan. 1, 1965, the board of commissioners of roads and revenues in the County of Hall shall be composed of five members who shall be elected in the General Election in 1964 and shall take office on Jan. 1, 1965. Five members. Section 3. The terms of said members shall be for four years, except the initial terms of said members shall be as hereinafter provided. Terms. Section 4. Said members shall be designated as follows: CommissionerPost 1 CommissionerPost 2 CommissionerPost 3 CommissionerPost 4 CommissionerPost 5 Posts. And every candidate seeking nomination or election as a commissioner shall designate the post to which he is seeking nomination or election.

Page 3553

Section 5. The initial terms to which said members shall be elected shall be as follows: CommissionerPost 1 for two years. CommissionerPost 2 for two years. CommissionerPost 3 for four years. CommissionerPost 4 for four years. CommissionerPost 5 for four years. Terms. And in the year in which terms expire, an election shall be held to fill the expiring terms in the General Election. After the initial terms for posts 1 and 2, all succeeding terms for all members shall be for four years. Section 6. After passage of this Act and approval by the Governor, it shall not become effective unless approved by a majority of the voters of Hall County voting in a referendum as follows: On the first Tuesday in September 1963, having given 10 days prior notice thereof in the official County organ, the ordinary of Hall County shall hold at County expense a referendum in which the voters of Hall County may express their approval or disapproval of this Act. The referendum ballot shall have printed thereon: FOR Approval of five County Commissioner Act. AGAINST Approval of five County Commissioner Act. Referendum. (Check your choice) Said referendum shall be held in accordance with the laws of this State governing general elections, and the ordinary shall certify the results thereof to the Secretary of State of Georgia. Section 7. If a majority of those voting vote for approval of the Act, then it shall become effective law. If a majority of those voting vote against approval of the Act, then it shall not become effective law.

Page 3554

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice of hereby given that there will be introduced at the January 1963 session of the General Assembly of Georgia, a bill to amend the Act creating the county commissioners of roads and revenues of Hall County, so as to provide for staggered terms; to provide for a referendum; and for other purposes. This 13 day of February, 1963. W. M. Williams Representative, Hall County Howard T. Overby Representative, Hall County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. M. (Bill) Williams, who, on oath, deposes and says that he is Representative from Hall County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gainesville Daily Times, which is the official organ of said county, on the following dates: February 15 22, 1963 and March 1, 1963. /s/ W. M. Williams Representative, Hall County Sworn to and subscribed before me this 6th day of March, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My commission expires Mar. 17, 1964. (Seal). Approved April 12, 1963.

Page 3555

CITY OF ALMANEW CHARTER. No. 499 (House Bill No. 631). An Act to create a new city charter for the City of Alma; to define certain words; to provide for corporate limits; to provide for corporate powers; to provide for ordinances; to provide for a city council and election of councilmen; to place restrictions on candidates and their supporters; to provide for the powers, duties and compensation of councilmen; to provide for a mayor and a vice-mayor and the duties thereof; to provide for the filling of vacancies; to place further restrictions on councilmen; to provide for a city manager; to provide for an official city newspaper; to provide for city legislation; to provide for codification of ordinances; to provide for rules and regulations of said city; to provide for the organization of a city government; to provide that the city manager shall be the administrative head of the city government; to provide for a city attorney; to provide for a city clerk; to provide for a city judge and city court clerk; to provide for other officers and employees; to provide for the appointment, suspension and removal of employees; to provide for their oaths of office; to provide for bonds for city officials; to prohibit political activities by city officers and employees; to provide that officers and employees shall not profit from connections with the city; to provide a fiscal year for said city; to provide for the city manager to submit proposed budget; to provide for public hearings on the budget; to provide for action by the council on the budget; to provide for expenditures by allotment; to provide for a purchasing policy; to provide for centralized purchasing; to provide for sale of city property; to provide for an annual audit; to provide for property tax; to provide for a tax levy; to provide for tax due dates and tax bills; to provide for the collection of delinquent taxes; to provide for special assessments; to provide for disbursements by checks; to provide for an official city depository; to provide for annual reports by city officers; to provide for tax requirements; to provide when councilmen are incompetent to hold any other city office; to prohibit binding a subsequent council; to provide that equity will not interfere

Page 3556

with the discretion of council; to prohibit voting when personally intersted; to provide for the forfeiture of bonds of offenders; to provide for personal liability of officers; to provide for liabilities of the city; to provide for liability for discretionary acts; to provide for liability for injuries arising from defects in streets; to prohibit obstructions in streets; to provide for street improvements; to provide for the creation of the Alma Park, Tree and Recreation Commission; to provide for terms of office, vacancies, oaths of office, compensation and authority of members; to provide for meetings; to provide for a chairman; to provide for a quorum; to provide for employees; to provide for a budget, appropriations, taxes and disbursements; to provide for reports; to provide for recommendations by the Mayor; to provide for inspection of records; to provide for planning and zoning; to provide for urban redevelopment; to prohibit tax over 1% upon property in the city; to define ordinary expenses; to provide for special accounts; to provide that an officer diverting money to other purposes shall be guilty of malpractice; to provide for raising an additional fund; to provide for separate accounts; to provide for the issuance of executions for paving, sales and redemption; to provide who may sign petitions for property abutting on streets; to provide for circumstances under which funds raised by the city may be transferred to reserve; to provide for deposit or investment of reserve fund; to provide for transfers from general to reserve fund; to provide for holding and expending of reserve fund; to provide that tax levies and rates shall not be affected by reserve fund; to provide for rapid expenditure of reserve fund; to provide for a system of records; to provide that a list of disbursements may be published at any time upon recommendation of the Grand Jury; to provide for a quarterly publishing of balance sheet and operating statement; to provide for a tax levy for industrial purposes; to provide for annual inventory of city property; to provide for city contracts; to provide for payments for rights of way; to prohibit certain purchases; to provide that contracts be in writing and entered on minutes; to provide a mode of contracting in certain cases; to provide what notice shall

Page 3557

be given; to require contractors to give bond; to require bonds for public contractors; to provide for fees and licenses; to provide for erection and furnishing of buildings; to provide for protection of records; to provide for the controlling of public property; to authorize temporary loans and the conditions thereof; to provide for a review of legislation by the city judge or city attorney; to restrict actions for damages against city; to provide that general laws may be used; to provide for penalties; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Article I. Charter, definitions, city limits and corporate limits . Section 1.01. This Act is a charter . This Act shall constitute the whole charter of the City of Alma, Georgia, repealing and replacing the charter provided by an Act approved August 21, 1906 (Ga. L. 1906, p. 496), and all amendatory Acts thereof. The City of Alma, Georgia, in the County of Bacon, and the inhabitants thereof, are hereby constituted and declared a body politic and corporate by the name and style of Alma, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Section 1.02. Definitions . The following words and terms, as used in this Act, shall have the following meanings: (a) City shall mean the City of Alma, Georgia. (b) Councilman shall mean a person elected to the city council as provided in this Act. Member of the council shall mean the mayor and each councilman. (c) Non-partisan shall mean without any designation of candidates as members or candidates of any state or national political party or organization.

Page 3558

(d) At large shall mean the entire city, as distinguished from representation by wards or other districts. (e) Public way shall mean any land used by the public as a passage way, including but not limited to streets, roads, highways, expressways, freeways, boulevards, avenues, parkways, alleys, lanes, sidewalks, walks, bridges, viaducts, subways, underpasses, tunnels, and other thoroughfares, and including the rights of way of such public ways. (f) Code shall mean any publication or compilation of rules, regulations, specifications, standards, limitations, or requirements relating to any aspect of municipal affairs, prepared or recommended by an agency of the Federal or state government, or by a municipality, or by a trade association or other organization generally recognized as an authority in its field of activity. (g) Agency shall mean any office, court, utility, board, commission, institution, or other organization in charge of or administering any public function or municipal affair of the City of Alma, Georgia. (h) Officer shall mean and include the mayor, councilmen, city judge, members of board and commission, and any other persons classified as public officers by the laws or judicial decisions of this state. An officer as herein defined shall fill and office, and an employee shall fill a position of employment. (i) Elector shall mean a person residing within the city who is qualified to vote therein. (j) The masculine shall include the feminine, and the singular shall include the plural and vice versa. (k) The word shall is mandatory; may is permissive. Section 1.03. Corporate limits . The corporate limits of the City of Alma shall include and embrace all of the following territory:

Page 3559

As a starting point for describing the territorial limits of the City of Alma as provided in this Act, start at a point in the center of U. S. Highway 1 at a point where said highway crosses the south lot line of land lots 270 and 283 in the fifth land district of Bacon County, Georgia, and thence east along said land line 300 yards to a point, thence northward parallel with U. S. Highway 1 to a point on the property line of T. J. Townsend and Joe Lee properties, thence northeastward along said property line in a straight line to a point at the run of Boggy Branch, thence southeastward along the run of Boggy Branch to a point on the east bank of the east run of Big Hurricane Creek, thence northwestward along the east bank of the run of Big Hurricane Creek to a point 300 yards south of the Alma-Patterson highway, thence eastward along a line parallel with the said Alma-Patterson Highway to a point opposite the intersection of the Bennett Still road with said Alma-Patterson road, thence northeastward along the east side of the Bennett Still road 300 yards to a point on the east side of said Bennett Still road, thence westward along a line parallel with the Alma-Patterson highway to a point on the east bank of the east run of Big Hurricane Creek, thence northwestward along the east bank of the east run of Big Hurricane Creek to a point at the mouth of Bear Branch, thence westward along the north bank of the run of Bear Branch to a point 300 yards eastward of U. S. Highway 1 measured at right angles from said highway, thence northward along a line parallel with U. S. Highway 1, and 300 yards from said highway, measured at right angles, to a point where said line intersects the run of Big Hurricane Creek, thence northwestward up the run of Big Hurricane Creek to a point in the center of U. S. Highway 1, thence northwestward at right angles with said highway to a point 300 yards from the center of said highway, thence southward along a line parallel with U. S. Highway 1, and 300 yards from said highway, measured at right angles, to a point on the north side of a public road which is located along the north line of land lot 281, thence west along the north side of said public road to a point where said road crosses a little branch, thence southward along said branch to a point on the north bank of the run of Bear Branch, thence westward along the

Page 3560

north bank of Bear Branch to a point where said branch crosses the west lot line of land lot 281, thence south along said west lot line of land lot 281 to a point on said lot line 300 yards north of the Alma-Douglas highway, thence westward along a line located 300 yards north from said highway and parallel to said highway to a point on the west side of a road leading southward to the Alma-Douglas Highway, just west of the Mrs. N. E. Harrell residence; thence southward along the west side of said road in a straight line across the Alma-Douglas Highway to a point 300 yards south of the Alma-Douglas Highway; thence eastward along a line 300 yards from said Alma-Douglas highway and parallel with said highway to a point on the west line of land lot 282, thence south along said land lot line to the southwest original corner of land lot 282, thence eastward along the original south lot line of land lot 282 to a point 300 yards west of Highway 64, thence south 300 yards to a point, thence east to a point 300 yards west of the west side of the right-of-way of U. S. Highway 1, thence southward along a line parallel with U. S. Highway 1, and 300 yards west of said highway to a point on the south lot line of land lot 283, thence east along said south lot line to the point of beginning. In addition to the territory heretofore described as the corporate limits of the City of Alma, the following described property shall likewise be, and is hereby included as a part of the corporate limits of the City of Alma: Tract I. All that tract or parcel of land lying and being in land lot 318 in the fifth (5th) land district of Bacon County, Georgia, and being more particularly described as follows: lots number one (1), two (2), three (3), four (4), five (5), six (6), seven (7), eight (8), nine (9), ten (10), eleven (11), twelve (12), thirteen (13), fourteen (14), fifteen (15), and sixteen (16) and a certain unnumbered lot that lies west of lot fifteen (15) and north of lot sixteen (16) in what is known as Lake Lure subdivision, Alma, Georgia, Albert R. Douglas, Owner, drawn by Marcus C. Long, Registered Professional Engineer #943, being dated September 4, 1958, a copy of said plat of survey of said subdivision being of record in plat book 3, page 66, of the

Page 3561

records in the office of the Clerk of Superior Court of Bacon County, Georgia. Also, the small tract of land which lies immediately south of lot number one (1) aforesaid, the south line of lot number one (1) being the north line of said small tract; said small tract extending southward to include the certain county road as shown on said plat, the southern boundary of said road being the southern boundary of said small tract; the eastern small tract being the western boundary of the certain county road running north and south; the western boundary being a continuation of the western boundary of lot number one (1), that is, continuing from the southwest corner of lot number one (1) running south 2 degrees east to the southern boundary of said county road. Also, the certain road running from east to west which begins along lot number four (4) and extends westward along the aforementioned lots to an agreed line between Albert R. Douglas and Raymond Douglas. Also, all of the land as shown on the aforementioned plat of survey which lies north of said road which runs along the north side of said lots hereinbefore mentioned, said lands extending northward to within two (2) feet, of the shoreline of Lake Lure and within two (2) feet of said Lake Lure dam and extending upward on the east side of said dam to the run of said branch. Also, the certain road running north and south which lies immediately west of lot number sixteen (16) and said unnumbered lot as aforesaid, said road being the dividing line between the lands of Albert R. Douglas and Raymond Douglas. Said plat of survey hereinbefore mentioned is made a part hereof by reference thereto. Tract II. All that tract or parcel of land lying in land lot 318 in the fifth (5th) land district of Bacon County, Georgia and being more particularly described as follows: lots number one (1), two (2), three (3), four (4), five (5), six (6), seven (7), eight (8), nine (9), ten (10), and eleven (11) and a certain unnumbered lot which lies immediately east of lot number one (1) and immediately north and across the street from lot number eleven (11) as aforesaid, located in the certain subdivision of the property of Raymond Douglas, dated March 27, 1959 and prepared by Carlos D. Greenway, Jr., Registered Landscape Architect #65, same being of record in plat book 3, page 72, of the records in the office

Page 3562

of the Clerk of Superior Court of Bacon County, Georgia, same being made a part hereof by reference thereto. Also, the certain street which meanders around and through said subdivision as shown on said survey, including the said street lying immediately west of lot number eleven (11) and the unnumbered lot, said street dividing lands of Raymond Douglas and Albert R. Douglas. Also, a certain rectangular tract of land running north and south being thirty-three (33) feet wide and which runs partly through said streets and partly through lots number seven (7) and eight (8) and lots number four (4) and five (5) extending northward to within two (2) feet of the shoreline of Lake Lure. Also, all of the land which lies immediately north of the certain street which runs east and west along the north side of the unnumbered lot, lots number (1), two (2), three (3), four (4), and five (5) and extending northward to within two (2) feet of the shoreline of Lake Lure. Said Survey Plat as aforementioned being made a part hereof by reference thereto. Tract III. All that tract or parcel of land lying and being in land lot 318 in the fifth (5th) land district of Bacon County, Georgia, containing five (5) acres, more or less, and more particularly described as follows: Beginning at the southeast original land lot corner of land lot 318 and running thence north one (1) degree west along the east original land lot line 1,150 feet to a point where the public road runs northwest; running thence north 73.1 degrees west along said road 206 feet; running thence south one (1) degree east 1324 feet to a point on the south original land lot line; running thence north 89 degrees east 196 feet to point of beginning. Section 1.04. Corporate powers . The corporate powers of the city, to be exercised by the city council, shall include the following: (a) To levy and to provide for the assessment and collection of taxes on all property subject to taxation. (b) To levy and to provide for the collection of license taxes on privileges, occupations, trades, and professions. A

Page 3563

collection fee of one dollar ($1.00) may be added to each such license tax. (c) To levy and to provide for the collection of registration fees on automobiles and trucks owned by residents of the city, and also on automobiles and trucks owned by nonresidents and operated within the city with any regularity. Such registration fees on trucks or automobiles may be graduated according to their tonnage capacities, weight or horsepower. (d) To appropriate and borrow money to provide for payment of the debts of the city, and to authorize the expenditure of money for any municipal purpose or matter of national or state interest. (e) To acquire, dispose of, and hold in trust or otherwise any real, personal or mixed property, inside or outside the city. (f) To condemn property, inside or outside the city, for present or future use, under sections 36-202 of the Code of Georgia, 1933, or under other applicable public acts. (g) To acquire, construct, operate, maintain and dispose of public utilities, subject to the provisions of applicable general laws. (h) To grant franchises or make contracts for public utilities and public services, not to exceed a period of twenty years. The council may prescribe the rates, fares, charges, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor. (i) To regulate the rates and services of public utilities in so far as not in conflict with such regulation by the State Railroad and Public Utilities Commission or other similar state or Federal agency having jurisdiction in such matters. (j) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public

Page 3564

grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, water mains, wells, drains, sewage treatment, plants, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements, inside or outside the city, and to regulate the use thereof, and for such purposes property may be taken under section 36-202 of the Code of Georgia or other applicable public acts. (k) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands. A real estate owner shall be liable for any injury or damage sustained by reason of a defective sidewalk adjoining his lot or land and the city shall not be liable for any such injury or damage, if a city officer or employee, authorized to do so by the city council, at least ten days prior to occurrence of the injury or damage served him with personal notice or sent a notice by ordinary mail to the owner of record that the sidewalk should be repaired and placed in a safe condition. (l) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (m) To provide for the collection and disposal of garbage, rubbish and refuse. Charges may be imposed to cover the costs of such services which, if unpaid, shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. (n) To define, regulate and prohibit any act, practice, conduct, or use of property, detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city. (o) To establish minimum standards for and to regulate building construction and repair, electrical wiring and

Page 3565

equipment, gas installations and equipment, plumbing and housing, for the health, sanitation, cleanliness and safety of inhabitants of the city, and to provide for the enforcement of such standards. (p) To regulate and license weights and measurer. (q) To provide that persons given jail sentences in the city court shall work out such sentences on the streets or any public works of the city or in a city workhouse established for this purpose, as provided by ordinance; or the council may provide for the commitment of city prisoners to the county workhouse or jail by agreement with the appropriate county officers. (r) To regulate and license or prohibit the keeping or running at large of animals and fowls, and to provide for the impoundment of same in violation of any ordinance or lawful order and for their disposition, by sale, gift, or humane killing, when not redeemed as provided by ordinance. (s) To order any railroad operating within the city to construct viaducts or underpasses to eliminate grade crossings or to pave and maintain grade crossings in a smooth and safe condition. The city shall pay the costs of constructing approaches to the railroad's right of way line. Each day's failure of the railroad to comply with such an order after a reasonable time has elapsed shall be a misdemeanor and a separate offense, and shall be punished by a fine not to exceed fifty dollars ($50.00) in the city court for each offense. If the railroad refuses to do such work the city may have the work done and may collect the cost thereof from the railroad by the use of all legal and equitable remedies available under the law. (t) To regulate and license vehicles operated for hire in the city, to limit the number of such vehicles, to require the operators thereof to be licensed, to require public liability insurance on such vehicles in amounts prescribed by ordinance, and to regulate and rent parking spaces in public ways for the use of such vehicles.

Page 3566

(u) To levy and provide for the collection of special assessments for public improvements. (v) To provide that the violation of any ordinance, rule, regulation or order shall be punishable as a misdemeanor. (w) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the city and its inhabitants and all implied powers necessary to carry into execution all powers granted in this Act as fully and completely as such powers were fully enumerated herein. No enumeration of particular powers in this Act shall be held to be exclusive of others nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to cities under the constitution or applicable public acts of the state. Section 1.05. Ordinances . All ordinances, by-laws, rules and regulations now in force in said town, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by said mayor and councilmen of said city. Article II. City Council . Section 2.01. Election of councilmen . On the 2nd Wednesday in December, a non-partisan election shall be conducted by the city election managers, at the same hours and places for holding general elections and under the general election laws of the state, to elect three councilmen from the city at large. Members of the council shall be citizens of this State who have attained the age of 25 years, and have been legal residents of the City of Alma for not less than 2 years preceding the date of their election, are freeholders in the City of Alma and qualified and registered to vote in the City of Alma and for members of the General Assembly. No member of the council shall be eligible to hold any other office of the municipality, county or of the State of Georgia during his term of office on the council. An elector may

Page 3567

qualify as a candidate by submitting to the Mayor or other chief executive order of the municipality, at least fifteen days in advance of the regular election, a petition nominating him. Each elector shall be entitled to vote for three candidates for councilman in the first election, and for two candidates for councilman, then one candidate for councilman in subsequent alternate biennial elections. In the first election the councilman receiving the highest number of votes shall be elected for a term of four years and the two candidates for councilman receiving the next highest number of votes shall be elected for terms of two years. Thereafter biennial elections shall be held on the second Wednesday in December in each even numbered year to elect in the same manner the prescribed number of councilmen for four year terms. The terms of office of the councilmen shall begin at 12:01 A.M. on the first Monday in January next following their election, and they shall serve until their successors have been elected and qualified. The terms of office of all present councilmen of the city shall terminate and end at 12:01 A.M. on the first Monday in January. No informality shall invalidate such an election, provided it is conducted fairly and in substantial conformity with the requirements of this Act and the general election laws of the state. Section 2.02. Restrictions on candidates and their supporters . If a candidate or any person in his behalf directly or indirectly gives or promises to any person or persons any office, employment, money, benefit, or anything of value in connection with his candidacy, upon conviction thereof he shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment for not to exceed one year, or by both such fine and imprisonment, and shall thereafter be ineligible to hold any office or position of employment in the city government for a period of five years. Section 2.03. Powers and Duties and Compensation of Councilmen . The councilmen shall compose the city council, in which is vested all corporate legislative and other powers of the city, except as otherwise provided in this Act. The council shall be the final judge of the election and qualifications of its members. Members of the council shall be paid, as their entire compensation for services, the sum

Page 3568

of $35.00 per month, plus 8 per mile to and from their homes to the City Hall to attend regular and special meetings of the council, payable monthly, out of the treasury of the City. In addition thereto, each councilman shall be entitled to recover from the City the actual expenses expended by him while engaged in City business, which said claim for expenses shall be accompanied by an affidavit executed by such councilman swearing that the same is true and correct and was expended by him in pursuance of City Business. The council shall hold regular public meetings at a stated time, and place, as provided by ordinance. The council shall meet in special session on written call of any councilman and served on the other members personally or left at their residences at least twelve hours in advance of the meeting but such notice of a special meeting shall not be required if all councilmen are present when the special meeting is called. Only the business stated in the written call may be transacted at a special meeting, except by unanimous consent of all members of the council. Any councilman who fails to attend a monthly meeting without a legal excuse, forfeits his monthly salary for the month in which the meeting was missed. The majority of said councilmen shall decide on the validity of an excuse. The council shall exercise its powers only in public meetings. Two members of the council shall constitute a quorum for the transaction of all business which may come before them. The council may by ordinance adopt rules and by-laws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. The council may subpoena and examine witnesses, to order the production of books and papers, and to have the same powers as a circuit court to punish for refusal to obey such an order or subpoena or for disorderly or contemptuous behavior in the presence of the council. Section 2.04. Mayor and vice-mayor . At their first regular meeting in January, 1965 and at the first regular meeting in each year thereafter, the council shall by majority vote elect one of their number as mayor and also one of their number as vice-mayor. The mayor and vice-mayor shall serve at the pleasure of a majority of the members of

Page 3569

the council and may be removed at any time without notice, cause or hearing. The mayor shall be paid as his entire compensation for services, the sum of fifty ($50.00) dollars per month plus 8 per mile to and from his home to city hall to attend regular and special meetings of the council, payable monthly, out of the Treasury of the City. In addition thereto, the Mayor shall be entitled to recover from the City the actual expenses expended by him while engaging in city business which said claim for expenses shall be accompanied by an affidavit executed by the Mayor saying that the same is true and correct and was expended by him in pursuance of city business. It shall be the duty of the Mayor to act as presiding officer at all meetings of the council; he shall be recognized as the ceremonial head of the city government; shall sign ordinances and resolutions on their final passage, shall sign deeds, bonds, and contracts when authorized by the council to do so, shall be the officer to accept process against the city, and shall perform other duties imposed by this Act and ordinances not inconsistent with this Act. In the event of the absence, disqualification or disability of the mayor, the vice-mayor shall assume the duties of mayor. It shall be the duty of the mayor to preserve order and decorum at all meetings of the council, to state every question coming before the council to announce the decision of the council on all subjects and decide all questions of order, subject, however, to an appeal to the council; in which event a majority vote of the council shall govern and conclusively determine such question of order. The mayor shall have the right to vote on all matters coming before the council and shall have the right to move for the adoption of any resolutions or other matter coming before the council. Section 2.05. Vacancy in office of mayor or councilman . A vacancy shall exist if the mayor or a councilman resigns, dies, moves his residence from the city, has been continuously disabled for a period of six months so as to prevent him from discharging the duties of his office, accepts any Federal, state, county, or other municipal office or position of employment, except as a notary public or member of the National Guard or other reserve component of the U. S.

Page 3570

Armed Forces, or is convicted of malfeasance or misfeasance in office, a felony, a violation of this Act, or a violation of the election laws of the state. The council shall appoint a qualified person to fill such a vacancy for the remainder of the unexpired term. If a tie vote by the council to fill a vacancy is unbroken for fifteen days, the mayor or vice-mayor in case of vacancy in the office of mayor, shall appoint a qualified person to fill the vacancy. At no time shall there be more than two members so appointed holding office, and if a vacancy occurs with two members so appointed on the council, a special election shall be held by the city election managers on the eighth Wednesday following occurrence of the vacancy, at which election a councilman shall be elected to serve the remainder of the unexpired term of the vacant office; provided that no such election shall be held if a regular biennial election will occur within six months. Candidates in such a special election shall be nominated as provided in Section 2.01 of this Act. Section 2.06. Restrictions on councilmen . The council shall act in all matters as a body, and no member shall seek individually to influence the official acts of the mayor or any other officer or employee of the city, or to direct or request the appointment of any person to, or his removal from, any office or position of employment, or to interfere in any way with the performance of duties by the mayor or any other officer of employee. The council shall deal with the various agencies, officers and employees of the city, except boards or commissions authorized by this Act, solely through the mayor, and shall not give orders to any subordinates of the mayor, either publicly or privately. Nothing herein contained shall prevent the council from conducting such inquiries into the operation of the city government and the conduct of the city's affairs as it may deem necessary. The office of any councilman violating any provision of this section shall immediately become vacant upon his conviction in a court of competent jurisdiction. Section 2.07. City Manager . The mayor and council shall appoint a city manager, who shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping a

Page 3571

journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the title of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinances; and performing such other duties as may be required of a city manager as hereinafter provided. Section 2.08. Official city newspaper . The council by resolution shall designate a newspaper of general circulation in the city as the official city newspaper. Section 2.09. City legislation . Any action of the council having a regulatory or penal effect, relating to revenue or the expenditure of money, or required to be done by ordinance under this Act, shall be done only by ordinance. Other actions may be accomplished by resolutions or motions. Each motion, resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least two members of the council shall be required to pass any motion, resolution or ordinance, including two readings in the case of an ordinance. Each ordinance, before being adopted, shall be read at two meetings not less than one week apart, and shall take effect ten days after its adoption, except that, where an emergency exists and the public safety and welfare require it, an ordinance containing a full statement of the facts and reasons for the emergency may be made effective upon its adoption if approved by at least three members of the council on two readings on successive days. No ordinance relating to a franchise, exclusive contract, or other special privilege shall be passed as an emergency ordinance. Amendments of ordinances and resolutions or parts thereof shall be accomplished only by setting forth the complete section, sections, sub-sections in their amended form. A code may be adopted by an ordinance which contains only a reference to its title, date and issuing organization, and the city manager shall file a copy of the code in his office. The city shall furnish a copy of any such code to any person for a reasonable fee. After adoption of a code of ordinances, as provided in Section 2.09 of this article, the

Page 3572

city manager shall number ordinances consecutively in the order of their final adoption and shall copy them into a permanent record book used solely for this purpose, and the city manager shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions and motions shall be filed and preserved by the city manager. An abstract of the essential provisions of each ordinance shall be published once in the official city newspaper within ten days after its adoption, except that only the title shall be so published of a code adopted by reference as provided in this section. Section 2.10. Codification of ordinances . Within three years after this Act becomes effective there shall be prepared, under the diretcion of the mayor and with the advice of the city attorney, a codification of all ordinances and resolutions having a regulatory effect or of general application which are to be continued in force. Existing ordinances and resolutions may be revised, amended, and consolidated in making the codification, which shall then be adopted as a single ordinance to be known and cited as the Official Code of City of Alma, Georgia; and thereupon all ordinances and resolutions in conflict therewith shall be repealed. The ordinance containing the code need not be published in a newspaper, either in full or in abstract form, but a notice of its adoption shall be published once in the official city newspaper. The code shall be reproduced in loose-leaf form and shall be made available to any person desiring a copy, for which a reasonable fee may be charged. An additional annual fee may be charged for furnishing revisions currently. After adoption of the code each ordinance shall be adopted as a numbered section or sections of the code, as amending existing sections or adding new sections. Such new ordinances shall be integrated into the code, and at least once a month new pages shall be reproduced to replace existing pages (with instructions to destroy existing pages) or to be added to the code, and shall be distributed to city officers and employees having copies of the code and to other persons who have paid the annual fee for current revisions. Notes shall be inserted at the end of

Page 3573

amended or new sections, referring to the dates and numbers of ordinances making the amendments or adding the new sections, and such references shall be cumulative if a section is amended more than once in order that the current copy of the code will contain references to all ordinances passed since the adoption of the original code. Section 2.11. Rules and regulations . The council may by ordinance authorize officers and agencies of the city to promulgate formal rules and regulations within their respective jurisdictions, subject to such restrictions and standards of guidance as the council may prescribe. No such formal rule or regulation shall take effect until it is filed with the city manager who shall file and preserve the original copy in his office. Such rules and regulations shall be included as a separate section of the Official Code and shall be reproduced and distributed in loose-leaf form as required by section 2.09. Amendments of such rules and regulations shall be accomplished only by setting forth complete sections or subsections in their amended form. Article III. Organization and Personnel. Section 3.01. Organization . The city government shall be organized into a department of general government, Department of Parks and Recreation, police department, fire department, and department of public works, unless and until otherwise provided by ordinance, but no such ordinance shall be adopted until after the council has received and considered the written recommendations of the mayor and city manager. The council by such ordinances may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city, may provide that the same person shall fill any number of offices and positions of employment, and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city, subject to the following exceptions: (a) the number of members and authority of the council, as provided in this Act, shall not be changed, (b) all officers and employees of the city, except as otherwise specifically provided in this Act, shall be appointed and removed by and shall be under the direction

Page 3574

and control of the city manager (c) the office of mayor shall not be abolished, (d) the city judge shall not hold any other city office or position of employment, and (e) no person shall hold at the same time the office of councilman and any other governmental office or position, whether such other office or position be in the Federal, state, county, or city government, but this prohibition shall not apply to the office of notary public or an appointment in the National Guard or other reserve component of the U. S. Armed Forces. Section 3.02. City manager, shall be administrative head of city government . The city manager shall be the administrative head of the city government, responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the city, and the city attorney shall take such legal actions as the city manager may direct for such purposes. He shall have authority to appoint, promote, demote, transfer, suspend, and remove all officers and employees and to direct and control their work, except as otherwise provided in this Act. He shall submit to the council annual budgets, reports, and such other information as he may deem necessary or the council may require. He shall have authority to make allotments of funds within the limits of appropriations and no expenditures shall be made without his approval. If no other employee is designated as purchasing agent, he shall act as purchasing agent for the city. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such other powers and duties as may be provided by ordinances not inconsistent with this Act. Provided, however, no employee of the city shall be related to the Mayor or councilmen as close as a first cousin, or closer. Section 3.03. City attorney . The mayor shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party, shall be the prosecuting officer in the city court, shall attend all meetings of the council, shall advise the council, mayor and other officers

Page 3575

and employees of the city concerning legal aspects of the city's affairs, shall approve as to form and legality all contracts, deeds, bonds, ordinances, resolutions, motions, and other official documents, and shall perform such other duties as may be prescribed by the council or mayor. Section 3.04. City court . A city court, presided over by a city judge on a full or part time basis as may be prescribed by ordinance, is hereby established, which shall have jurisdiction over violation of this Act and ordinances of the city. The city court shall also have concurrent jurisdiction with that of a justice of the peace over offenses against the criminal laws of the state committed within the city. The city judge shall have authority to impose fines, costs, forfeitures, and imprisonment in a jail or workhouse, as provided in this Act and by ordinance, and except as provided in this Act his authority and powers and the procedure in the city court shall be the same as provided by state law for a justice of the peace. Appeals from the city court shall be to the circuit court. Warrants, subpoenas and other processes of the city court shall be executed by police officers of the city, who for such purposes shall have the same powers and authority of a sheriff in executing process of a circuit court. The city attorney, or assistant city attorney, shall be the prosecuting officer of the court. Section 3.05. City judge and city court clerk . The council shall appoint and fix the salary of the city judge for terms of two years, and such salary shall not be changed during a term of office. The council may impeach and remove the city judge for neglect or refusal to enforce the laws of the state and ordinances of the city, or for other misconduct in office or neglect of duty, but any person so removed may appeal to the superior court and thence to the supreme court of the state. The council shall fill a vacancy in this office by appointment for the unexpired term. The city judge shall excuse himself from a case in which (a) he is interested, (b) he is related to the defendant by blood or marriage within the third degree, or (c) for any reason he believes that he will be prejudiced, and such a case, as well as cases during the absence or disability of the city judge, shall be heard and decided by an acting city

Page 3576

judge appointed by the mayor. The mayor may remove the acting city judge at any time without cause. The compensation of an acting city judge shall be fixed by ordinance. The council may authorize a city court clerk and other personnel, to assist and to be appointed and removed by the city judge and to perform such duties as may be prescribed by ordinance or by the city judge. Section 3.06. Other officers and employees . The council by ordinance, after receiving the written recommendations of the city manager, may establish offices and positions of employment and may abolish, combine or modify them in accordance with such recommendations. The powers and duties of such offices and positions of employment may be defined by ordinance, and if not defined by ordinance shall be defined in formal rules and regulations issued by the mayor as provided in section 2.11 of this Act, but in any event the mayor may require officers and employees of the city, except those appointed by and accountable to the council, to perform such additional duties as may be considered necessary by him for the proper and efficient conduct of the city's affairs. Public utilities owned or operated by the city may be under the supervision of the mayor and employees appointed by him or may be under boards or commissions appointed by and answerable to the council, as provided by ordinance. The salaries of all employees of the city shall be fixed by ordinance under a pay plan applying uniformly to all employees having similar responsibilities and doing like work. Section 3.07. Appointment, suspension and removal of employees . All employees of the city, except as otherwise provided in this Act, shall be appointed, promoted, demoted, transferred, suspended and removed by the city manager. During a suspension an employee's salary may be reduced or eliminated, as determined by the city manager. Before suspending for more than thirty days or removing an employee, the city manager shall serve the employee with a written notice of intention to suspend or remove him, containing a clear statement of the grounds for such proposed action and notification that the employee may appeal to the personnel board by filing, within ten days, with the city

Page 3577

manager written notice of his intention to do so. The personnel board shall be composed of three members appointed by the council for three year terms, except that of the first appointees, one shall be for a term of one year and one for two years. The personnel board shall elect a chairman from its membership and shall adopt rules governing conduct of its business. The decisions of the personnel board in cases of such appeals by employees shall be final. Section 3.08. Oath of office . Before a person takes any office in the city government, he shall take, subscribe to, and file with the city manager the following oath or affirmation: I solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Georgia, that I will, in all respects, observe the provisions of the charter and ordinances of the City of Alma, and that I will faithfully discharge the duties of the office of. Section 3.09. Official bond . The mayor, city manager, and every officer, agent, and employee of the city having duties embracing the receipt, disbursement, custody, or handling of money, and other officers and employees as may be required by ordinance, shall give a fidelity bond or faithful performance bond, as provided by ordinance, with some surety company authorized to do business in the State of Georgia as surety, in such amount as shall be prescribed by ordinance. All such bonds and sureties thereto shall be subject to approval by the council. The cost of such bonds shall be paid by the city. All such bonds shall be kept in the custody of the city manager, except that the city manager's bond shall be in the custody of the mayor. Section 3.10. Political activity prohibited . No officer or employee of the city, other than the mayor and councilmen, shall continue in the employment of the city after becoming a candidate for nomination or election to any public office. No person shall directly or indirectly give, render, or pay any money, service or other valuable consideration

Page 3578

to any person for or on account of or in connection with any test, appointment, proposed appointment, promotion, or proposed promotion to any office or position of the city government. No person shall orally, by letter, or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or political purpose from any officer or employee of the city. An officer or employee of the city, other than the mayor and councilmen, shall not make any contribution to the campaign funds of any candidate, in any city election, and shall not take any part in the management, affairs or political campaign of any city election, other than in the exercise of his rights as a citizen to express his opinions and to cast his vote. Any person who by himself or with others willfully or corruptly violates any provision of this section shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not more than fifty dollars ($50.00), or by imprisonment for not more than one year, or by both such fine and imprisonment. Any person who is convicted under this section shall be ineligible to hold any office or position of employment in the city government for a period of five years, thereafter, and if he be an officer or employee at the time of conviction shall immediately forfeit and vacate the office or position he holds. Section 3.11. Officers and employees not to profit from connections with city . No officer or employee of the city shall profit personally, directly or indirectly, from any contract, purchase, sale, or service, between the city government and any person or company, nor shall any officer or employee accept any free or preferred service, benefits or concession from any person or company, except that free transportation may be provided to policemen and firemen on official duty. The Mayor and Council and other officers of the City of Alma shall be prohibited from doing any subcontracting whatsoever with the city except by a unanimous vote of the Mayor and Council. Article IV. Fiscal Administration . Section 4.01. Fiscal year . The fiscal year of the city government shall begin on the first day of July and shall

Page 3579

end on the thirtieth day of June of the succeeding year, but another fiscal year may be fixed by ordinance for the entire city government or for any utility. Section 4.02. City Manager . To submit proposed budget. On or before a date fixed by the council but not later than forty-five days prior to the beginning of each fiscal year, the city manager shall submit to the council a proposed budget for the next fiscal year, showing separately for the general fund, each utility, and each other fund the following: (a) revenue and expenditures during the preceding fiscal year. (b) appropriations and estimated revenue and expenditures for the current fiscal year. (c) estimated revenue and recommended expenditures for the next fiscal year. (d) a comparative statement of the assets, liabilities, reserves, and surplus at the end of the preceding year and estimated assets, liabilities, reserves and surplus at the end of the current fiscal year, and (e) such other information and data, such as work programs and unit costs, in justification of recommended expenditures, as may be considered necessary by the city manager or requested by the council. The city manager may recommend and estimate additional revenue measures, providing such estimates are separated clearly from normal revenue estimates. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. A sufficient number of copies of the city manager's message shall be reproduced to furnish a copy to any person desiring one, and a copy of the budget in full shall be filed with the council and furnished to each councilman. Section 4.03. Public hearing . After receiving the budget from the city manager, the council shall fix a time and place for a public hearing thereon and shall cause a public notice thereof to be published once in the official city newspaper at least ten days in advance of the date of the hearing. The public hearing shall be held before the council at the stated

Page 3580

time and place, and all persons present shall be given an opportunity to be heard. Section 4.04. Action by council on budget . After the public hearing and before the beginning of the ensuing fiscal year the council shall adopt an appropriation ordinance, based on the city manager's budget with such modifications as the council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department and agency. The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property or lives of the inhabitants of the city; providing the council unanimously agrees there is such an emergency. If emergency conditions prevent the adoption of an appropriation ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as provided in this section. Amendments may be made to the original appropriation ordinance at any time during a current fiscal year after a public hearing before the council on five days notice published once in the official city newspaper, provided that increased appropriations may be made only after the city manager has certified in writing that a sufficient amount of unappropriated revenue will be available, except for emergency appropriations as provided above. Any portion of an annual appropriation remaining unexpended and unencumbered at the close of a fiscal year shall lapse and be credited to the general fund, except that any balance remaining in any other fund at the end of a fiscal year may remain to the credit of that fund and be subject to further appropriation. That at the end of each month the mayor shall submit a detailed budget report to the council, showing estimated and actual receipts and expenditures or encumbrances for that month and the fiscal year to the end of that month, as well as the amount encumbered or expended in excess of any of the itemized estimates of expenditures supporting the appropriations. Section 4.05. Expenditures by Allotment . The city manager shall have authority to make periodic allotments of

Page 3581

appropriated funds, and no contracts or purchases, except those made by the council, may be made in excess of the amount allotted by the city manager for any allotment period. In no event may contracts or purchases be made in excess of appropriations. Any expenditures except for salaries and wages may be reduced or eliminated through such allotment control. Section 4.06. Purchasing Policy . A purchasing policy shall be adopted by the Mayor and council of the City of Alma and same shall be in writing and submitted to the first grand jury after said Mayor and Council takes office under the provisions of this Act, for approval by a majority vote of said grand jury. If said grand jury disapproved said purchasing policy, said grand jury shall be required to revise and prepare a purchasing policy that said Mayor and Council must use. Until such time as the first grand jury shall meet in said county, said Mayor and Council may adopt whatever purchasing policy they deem advisable by a majority vote of said Mayor and Council. Section 4.07. Centralized purchasing . All contracts and purchases, except those that may be reserved to the council by ordinance, shall be made by the city purchasing agent, who shall be the city manager or an employee appointed by him. Any expenditure or contract for more than one hundred dollars ($100.00) shall be made only after publication, advertisement and competition by sealed bids, as prescribed by ordinance and an award shall be made to the lowest and best bidder; provided that bids need not be required for professional services or for services for which the rate or prices are regulated by public authority. Competition by bids shall not be required for the purchase of equipment, materials or supplies from any other governmental agency. Section 4.08. (a) Sale of city property . The mayor may sell any city property which is obsolete, surplus or unusable, if the proceeds do not exceed five hundred dollars ($500.00), without taking bids, but sealed bids shall be taken or a public auction shall be held for any sale producing more than five hundred dollars ($500.00); provided that any sale

Page 3582

for more than one thousand dollars ($1,000.00) or any sale of real estate shall be subject to approval by the council. (b) Unserviceable property sold : When any city property shall become unserviceable, it may be sold or otherwise disposed of, by order of the Mayor and Council of the City of Alma and an entry of the same shall be made in the inventory book, and the money received therefrom shall be paid to the city depository. (c) Public sale of real property; publication of notice : Prior to the sale or disposition of any real property belonging to the City of Alma, notice of the contemplated sale or disposition of such property shall be published in the official organ of Bacon County once a week for four weeks. After such publication said property shall be sold at public outcry to the highest bidder for cash in front of the city hall on the first Tuesday of the month following such publication in the same manner in which sheriff's sales are held. The provisions of this Section shall not apply to redemption of the property held by said city under a tax deed, a granting of easements, rights-of-way, the sale, conveyance or transfer or road rights-of-way and the sale, transfer or conveyance to any other body politic. Section 4.09. Audits . The Mayor and Council shall, on or before January 31st annually, employ a certified public accountant for making an annual continuous audit of city finances and financial records of each and every department of the city. The accountant so employed shall be paid out of city funds, and shall perform a complete audit of the financial records of the city for the ensuing year, and shall report any irregularities found to exist. Each city officer shall exhibit his records to the auditor appointed by the Mayor and Council in default of which the Mayor and Council 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 city sources during such default. A copy of each annual audit shall be delivered by the city manager to the spring session of the Bacon County grand jury and a copy filed in the

Page 3583

office of the clerk of the superior court for public inspection. The auditor shall prepare a summary of the annual audit which shall be published once in the official city newspaper. Section 4.10. Property taxes . All property subject to taxation for state or county purposes, including the capital stock of merchants and public service companies, assessed as of January 1 in each year, shall be subject to the property tax levied by the city. The council by ordinance may elect to use the county assessment or may provide for an independent city assessment as provided by Georgia Law. If an independent city assessment is made, a board of equalization, consisting of three persons appointed by the council, with compensation fixed by ordinance, shall hear appeals of taxpayers taken within ten days after the city assessor has sent a notice by ordinary mail of a new or increased assessment; provided that such notice shall not be required nor may appeals to be taken in the case of initial city assessments that are the same as county assessments. Except as otherwise provided in this section, appeals involving city property assessments may be taken as provided by general law. The board of equalization may increase or decrease the assessment of all property of the same class by a uniform percentage, in which case individual notices shall not be mailed but a notice of such action shall be published once in the official city newspaper; such a blanket increase or decrease shall not be subject to appeal. The authority duties of such city assessing personnel shall be the same as those provided by general law for county assessing personnel. The city assessor shall meet with and assist the board of equalization. The board of equalization, upon completion of its work, shall submit a written report to the council, including total increases and decreases made by it and the final total assessment of each class of property. Section 4.11. Tax levy . The council shall make a tax levy, expressed as a fixed rate per one hundred dollars ($100.00), of assessed valuation, and if no tax levy is made within ninety days prior to the tax due date, or within ninety days prior to the due date of a second installment if two installments are authorized by ordinance, the property

Page 3584

tax rate in effect the last fiscal year shall continue in effect as the tax rate for the new fiscal year. Section 4.12. Tax due dates and tax bills . The due dates of property taxes shall be fixed by ordinance and provision may be made for equal semi-annual installments. The city shall send tax bills to taxpayers, showing the assessed valuations, amounts of taxes due, tax due dates, and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become delinquent thirty days after a due date, at which time a penalty of five per cent (5%) shall be added and thereafter such taxes shall be subject to interest at the rate of one-half of one per cent ( of 1%) for each month or fraction thereof until paid. On and after the date when such taxes become delinquent the tax records of the city shall have the force and effect of a judgment of a court of record. Section 4.13. Collection of delinquent taxes . The council may provide by ordinance for the collection of delinquent taxes by distress warrants issued by the mayor for the sale of goods and chattels to be executed by any police officer of the city under the laws governing execution of such process from a justice of the peace, or by the county trustee as provided by general law, or by the city attorney acting in accordance with general laws providing for the collection of delinquent and county taxes, or by any two or more of the foregoing methods, and by the use of any available legal processes and remedies. A lien shall exist against all property on which city property taxes are levied, as of the assessment date of January 1 of each year, which shall be superior to all other liens except that it shall have equal dignity with those for Federal, state or county taxes. Section 4.14. Special assessments . The city may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates (after the due

Page 3585

date of each installment if paid on an installment basis) shall thereupon be subject to a penalty of five per cent (5%) and shall thereafter be subject to interest at the rate of one-half of one per cent ( of 1%) for each month or fraction thereof until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedure and under the same remedies as provided in this article for city property taxes. Section 4.15. Disbursements by checks . All disbursements shall be made by checks signed by the city manager and countersigned by the mayor. Section 4.16. City depository . The Mayor and Council shall designate the bank or banks in which the general funds of the City shall be deposited in the name of the City and after such designation has been made, the City Manager shall deposit such funds in the bank or banks so designated until a different bank, or different banks, shall be designated by said Mayor and Council. Section 4.17. Annual reports of City Officers . All City officers of the various departments of the City of Alma shall make a return, under oath, to the grand jury on the first day of each term of the Superior Court, setting forth a just and true statement of the amount of money received by them belonging to said City and the sources from which the same was received; also, the expenditures, accompanied with proper vouchers. Section 4.18. Tax Requirements . It shall be the duty of the Mayor and council of the City of Alma to have prepared by the City manager, under their supervision, by the time of the occasion of the grand jury at the first or spring term, a statement of the financial condition of the City, and the amount of tax required for City purposes for the year, which shall be presented to the foreman of the grand jury on the first day of the term, for inspection by that body.

Page 3586

Article V. Council and Councilmen . Section 5.01. Councilmen incompetent to hold other municipal office, when . A councilman of the City of Alma shall be ineligible to hold any other city office during the term of office for which such councilman was chosen, unless first resigning as councilman before entering such other office, this section shall apply to all elected officials to the City of Alma. Any such councilman may if otherwise qualified resign such present position and run for any other city office for which he is qualified. Section 5.02. Binding subsequent council . One council may not by an ordinance bind itself or its successors so as to prevent free legislation in matters of city government. Section 5.03. Equity will not interfere with discretion of council . The Mayor and council of the city of Alma has a discretion in the management and disposition of its property, and where it is exercised in good faith, equity will not interfere therewith. Section 5.04. Voting when personally interested . It is improper and illegal for a member of the city council to vote upon any question, brought before the council, in which he is personally interested. Section 5.05. Forfeiture of bonds of offenders, authority to provide for . The City of Alma shall have full power and authority to provide, by ordinance, for the forfeiture of bonds given by offenders for their appearance before the city court, and to provide for the collection of the same from the principal and sureties to such bonds by judgment, execution, and sale. Section 5.06. Personal liability of officers . The Mayor and council and other officers of the City of Alma shall be personally liable to one who sustains special damages as the result of any official act of such officers, if done oppressively, maliciously, corruptly, or without authority of law. Section 5.07. City of Alma, liable for what . The City

Page 3587

of Alma shall not be liable for failure to perform, or for errors in performing their legislative or judicial powers. For neglect to perform, or for improper or unskilled performance of their ministerial duties, they shall be liable. Section 5.08. Liability for discretionary acts . Where the City of Alma is not required by statute to perform an act, it may not be held liable for exercising its discretion in failing to perform the same. Section 5.09. Liability for injuries resulting from defects in streets . If the City of Alma has not been negligent in constructing or repairing the same, it is not liable for injuries resulting from defects in its streets when it has no actual notice thereof, or such defect has existed for a sufficient length of time for notice to be inferred. Section 5.10. Obstructions in street, grant of right to erect . Without express legislative authority, the city of Alma may not grant to any person the right to erect or maintain a structure or obstruction in a public street. Secion 5.11. Street improvement . The Mayor and Council of Alma shall have full power and authority in their discretion, and as hereafter prescribed, to grade, pave, macadamize or otherwise improve the travel and drainage of the sidewalks, streets, squares, public alleys, and lanes of said city, now or that may hereafter be opened, laid out or constructed, and to lay curbings along any of the sidewalks, streets, squares, or public alleys, in order to make more effective the power or authority above given and to provide funds therefor. Said City Council shall have full power and authority to assess the actual cost of paving said sidewalks, and placing curbings by the same, against the real estate abutting on the street, but only on the side of the street on which the sidewalk is improved, if on one side only. Said City Council shall have full power to assess one-third of the cost of grading, paving, macadamizing, or otherwise improving any roadway or street property on the real estate abutting on one side of the street improved, and one-third of the cost on the real estate abutting on the other side of the street so improved. The real estate abutting on

Page 3588

both sides of the street shall not together be assessed more than two-thirds of the entire cost in the discretion of the City Council, and any railroad company having a track or tracks running along or across the streets of said city shall be required to pay the cost in full of paving, macadamizing or otherwise improving such street between their said tracks and for two feet on each side thereof, and in case there are two or more tracks on the same street, to require said railway company to pay the cost of paving or macadamizing the space between each track. The balance of the cost of paving and macadamizing such street, including street intersections, headers, and intakes, shall be divided one-third each to the respective abutting property owners, leaving one-third to be paid by the City. In cases where the streets paved or macadamized are not occupied by track or tracks of any railroad company, the respective abutting property owners shall each be assessed one-third the cost and the City shall pay the other third of such paving or macadamizing. The Mayor and Council may, in their discretion, provide by ordinance for all such improvements, and the amount of the assessment made against such railway company or property owners, shall become a lien on such property from the date of the passage of the ordinance providing for the work and making assessment, and shall have power and authority to enforce the collection of any amount so assessed for such improvements or work done, either upon the sidewalks or streets, by execution to be issued by the City Manager against the real estate so assessed as against the owner thereof, at the date of the ordinance making the assessment, which execution may be levied by the Chief of Police of said City, on such real estate, and after advertising and other proceedings as in the case of the sale of realty for City taxes, the same may be sold at public outcry to the highest bidder, and such sale shall vest absolute title in the purchaser, provided, that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due, and stating what he admits to be due, if any, which amount so admitted to be due shall be paid before the affidavit shall be received,

Page 3589

which affidavit when received shall be returned to the Superior Court of Bacon County, and there be tried and issued determined as in cases of illegality, subject to all the penalties provided by law in cases of illegality for delay. The lien for assessment on abutting property and on railway companies, for streets or sidewalks, paving, curbing, macadamizing, grading, or drainage, shall have rank and priority of payment next in point of dignity to a lien for taxes. Such lien to date from the passage of the ordinance authorizing the execution of the work in each case. Article VI. Alma Park, Tree and Recreation Commission . Section 6.01. Park, Tree and Recreation Commission Created, Members, Terms of Office, and Vacancies . A Park, Tree and Recreation Commission is hereby created and established in and for the City of Alma, the Commission to be composed of three members. Two of the members shall be appointed by the Mayor from among the City Councilmen, such members to hold their office during their respective time of office as Councilmen. On the expiration of the term of office of any member of the Commission as Councilman, his term of office as a member of the Park, Tree and Recreation Commission shall automatically expire, and the Mayor shall be authorized to make an appointment to fill such vacancy from among the Councilmen then serving. The third member of the Commission shall be selected by the Mayor and Councilmen from among the residents of the City of Alma, to serve a term of one year. Should a vacancy occur in said Commission at any time, by reason of death, resignation, removal from the City, or from other cause, the vacancy shall be filled for the unexpired term in the same manner as the original appointment was made. Section 6.02. Oath of Office . Each person appointed as a member of the Park, Tree and Recreation Commission shall, before taking office as such Commissioner, subscribe the following oath of office in a book to be kept for the purpose, before some officer authorized to administer the same, to-wit: I swear that I will faithfully and impartially discharge all the duties devolving upon me as a member of the Park, Tree and Recreation Commission of the City of

Page 3590

Alma, during my continuance in office; and I will neither be concerned nor interested pecuniarily, directly or indirectly, in any contract for work done or material furnished for or on behalf of any work or improvement or preservation of the parks, squares, grass plats, trees, flowers or cemeteries of said City, while a member of said Commission. Section 6.03. Compensation of Members . The Mayor and Councilmen of the City of Alma are hereby authorized to set a reasonable compensation for the members of the Park and Tree Commission, but the compensation paid shall not exceed the sum of $50.00 per year. Section 6.04. Authority of Commissioners . Said Park Tree and Recretion Commission shall have exclusive management and control of all matters and things relating to the care, preservation, improvement, adornment, good order and regulation generally of the parks, squares, grass plots, trees, flowers and shrubs of said City and of the cemeteries in or controlled by said City, as well as the planting arrangement, pruning, trimming, and care of trees, shrubs, flowers and grass in the parks, squares and cemeteries aforesaid, and also in and along the streets of said City; it shall determine what trees may be removed from said parks, squares, streets and cemeteries aforesaid, and what trees may be planted therein, and when such removal or planting shall take place, and it shall superintendent and take charge of such planting and removal. It shall have authority to purchase sites, equipment, tree plants, shrubbery and other necessary items. It shall have authority to receive and use gifts of monies, lands, equipment or other items, to confirm and dedicate memorials and the like in the official name of the City government. It shall have authority to make rules and regulations concerning the planting of trees and shrubbery and the placing of signboards and other objects along the streets and sidewalks of said City, or other regulations with reference to the projects within its control which the Commission may deem proper. Such rules and regulations shall be submitted to the Mayor and Councilmen of the City, and when approved by them shall become binding and effective, and after being so approved, provision shall be made by the City Council for any penalties necessary for the due observance

Page 3591

of said rules and regulations. Said Park, Tree and Recreation Commission shall have the right, power and authority to establish a public recreational program including but not limited to youth recreational programs, adult recreational programs, constructing and operating playgrounds, athletic fields, ball parks, summer camps, recreation and civic center, swimming pool, play areas in parks, tennis courts, volley ball courts, and other suitable places or public lands, owned, controlled, or operated by the City of Alma. Said commission may coordinate the general recreational program with the existing Alma-Bacon County Recreation Board, in the total recreation program and in disbursing monies for the cost of said program. Section 6.05. Meetings, Chairman, Majority May Act and Employees . The members of the Park, Tree and Recreation Commission shall hold such meetings as they may deem necessary, and shall keep a record of their proceedigns. They shall choose one of their number as Chairman, but such Chairman may vote in any proceedings. The agreement of a majority of the members of the Commission only shall be necessary to authorize any action by the Commission. The Commission shall have the power to employ such help as may be necessary to assist them in discharging the duties placed on them by this Act, such employment to be at the will of the Commission, and shall set such reasonable amounts as compensation for the services of the persons employed by them as they may deem proper, but such compensation shall not exceed the sum of $400.00 per month for any one person. Section 6.06. Budget of Commission, Appropriation, Tax and Disbursements . Said Commission at the beginning of each fiscal year shall make up a detailed budget of the expenditures necessary to be made by it in accomplishing the purposes of the Commission as set forth in this Act, and the amount of money needed by it for such purposes, and it shall then be the duty of the Mayor and Councilmen of the City to make the necessary appropriation for the year to meet such expenditures, or as much thereof as the condition of the City Treasury and the demands of the City will allow; and the City Council shall have authority to levy a tax to

Page 3592

cover the amount of appropriation which the needs of the Commission will require. The funds for the use of said Commission shall be held in a separate fund by the City Treasurer, and shall be disbursed upon approval of the Commission, over the joint signatures of the Chairman of the Commission and the City Treasurer. Section 6.07. Reports, Recommendations of Mayor, Records Subject to Inspection . Said Commission shall keep accurate accounts of their expenditures, and shall make regular reports to the City Council. The Commission shall submit, on or before the 1st day of January of each year, to the City Council, its reports for the preceding year, showing all its actings and doings, its receipts and expenditures of money, with such recommendations as it may see fit to make relating to this department. The Mayor of the City shall have the right to make such recommendations in writing to said Commission from time to time as he may deem proper, as well as the right of free access at all times to the records, proceedings, books and papers of said Commission, and the other members of the City Council, not members of the Commission, shall have a similar right of access to and inspection of the proceedigns, books and papers of said Commission. Article VII. Planning and Zoning . Section 7.01 . The City of Alma is hereby empowered and authorized to proceed under an Act approved March 7, 1955 (Ga. Laws 1955, p. 3027) with their planning and zoning in accordance with the general laws contained in the provisions of Chapters 59-8 and 69-12 of the Code of Georgia. Article VIII. Urban Redevelopment . Section 8.01 . The City of Alma is hereby empowered and authorized to proceed with urban redevelopment in accordance with the provisions contained in Chapter 69-11 of the Code of Georgia.

Page 3593

Article IX. Limitation on Right of Taxation . Section 9.01. Tax over one-half of one per cent prohibited . The City of Alma shall not levy or collect for the ordinary current expenses of the City of Alma, except as hereinafter provided, and ad valorem tax upon the property within the City of Alma exceeding one-half of one per cent upon the value of said property, any charter provision of the City of Alma to the contrary notwithstanding. Section 9.02. Ordinary expenses defined; separate accounts . 1. The term ordinary current expenses shall be construed to include all current expenses, excepting only expenditures for education, for paving or macadamizing streets, and for payment of the principal and interest of the public debt, which shall be known as extraordinary expenses. 2. In all cases where it shall be necessary to levy an additional tax above said one-half of one per cent for any one or more of said extraordinary expenses, the levy and assessment of the same for each said extraordinary expense shall be separately made and collected. 3. The Mayor and Council shall cause separate accounts to be kept, on account of all amounts collected and disbursed on account of each of said extraordinary expenses; and all amounts so collected shall be applied exclusively to the extraordinary expenses for which said tax was levied and collected. Section 9.03. Officer diverting money to other purposes guilty of malpractice . Any officer of the City of Alma who shall apply any portion of any fund collected by taxation for either of said extraordinary expenses, to any other ordinary or extraordinary expenses, shall be guilty of malpractice in office. Section 9.04. Additional fund, how raised; separate accounts . If an additional fund is required by the City of Alma for internal improvements, not herein provided for, or if the amount realized by the levy of one-half of one per

Page 3594

cent shall be insufficient to defray the ordinary current expenses of said city, an additional tax may be levied for this purpose when the same shall be authorized by a vote of two-thirds of the legal voters of said city who shall vote at an election to be held for that purpose, and separate accounts of all amounts so collected and disbursed shall be kept as is provided in section 9.02. Article X. Assessments for Improvements . Section 10.01. Issuance of executions for paving, etc.; sales; redemption . The City of Alma may enforce the collection of any amount due or to become due for paving streets or alleys, laying sewers and drains, or cleaning or repairing privy vaults, by execution to be issued by the treasurer against the persons or corporations by whom such debts may be due, which may be levied by the marshal on the real estate of the owners, and after proceedings as in cases of sales for city taxes, the same may be sold at public outcry. All sales made by the City of Alma under execution shall be subject to purchase by said corporation, and the right of redemption by the owner after sale. Section 10.02. Public property abutting on street; who may sign petitions for improvements . Whenever the owners of land abutting on any street or sidewalk petition to have the same improved and where the State or any of its political subdivisions is the owner of property on said street, the frontage so owned shall be counted as if owned by an individual, and shall be likewise treated for the purposes of assessment, and where the State is the owner of the property, the Governor may sign the application for and in behalf of the State; and where the county is the owner, the ordinary or the chairman of the board of county commissioners, as the case may be, may sign in behalf of the county. Article XI. Authority of the City of Alma to create and expend reserve fund . Section 11.01. Circumstances under which funds raised by the City of Alma may be transferred to reserve; deposit

Page 3595

or investment of reserve fund . Whenever the Mayor and Council of the City of Alma shall determine that because of unusual conditions, it is impractical to expend the funds raised by taxation for the purposes for which they were levied and that it is for the best interest of the city and its citizens and taxpayers that the public work be postponed until more advantageous conditions prevail, it shall be lawful for the Mayor and Council to order so much of such funds as it deems proper transferred to a fund to be known as the reserve fund of the City of Alma. Such fund may be deposited in the manner now provided by law or may be invested in obligations of the United States of America. Section 11.02. Transfers from general fund to reserve fund . It shall further be within the power and discretion of the Mayor and Council to transfer to such reserve fund any accumulated overage in their general fund from time to time. Section 11.03. Holding and expending of reserve fund . Such reserve fund shall be held until the Mayor and Council shall determine that it is practical and advantageous to undertake public work needed in the City of Alma, and thereupon it may order funds transferred from such reserve fund to any of the several funds or to the general fund of the City of Alma: Provided nevertheless that before any such transfer from the reserve fund shall be made the Mayor and Council shall give notice of their intention to make such transfer and the purpose for which the transferred fund is to be expended by publication in its official organ in one issue not less than ten (10) days prior to the meeting of the Mayor and Council at which the transfer is to be made. Section 11.04. Tax levies and rates not affected . Such reserve fund shall not prevent tax levies being made by the Mayor and Council for the several purposes authorized by law in such rates as are necessary for the current or anticipated needs of the City of Alma to the same extent that they could lawfully do if no such fund was in existence. Section 11.05. Rapid expenditure of reserve fund . When

Page 3596

any such reserve fund is established it shall be the duty of the Mayor and Council of the City of Alma to expend the same for needed public work and improvements as rapidly as they deem practical. Article XII. Miscellaneous . Section 12.01. Annual inventory of city property : An annual inventory shall be made by the city manager of all property belonging to the City of Alma, both real and personal, and kept in an inventory book for public inspection. Section 12.02. City contracts . No city contracts may be entered into by the Mayor and Council of the City of Alma except by a two-thirds vote of said Mayor and Council. Section 12.03. Payments for rights-of-way . Payments made in securing the right-of-way for roads shall be made through condemnation. Provided, however, the Mayor and Council of the City of Alma may make a voluntary payment or negotiate payment to a land owner by unanimous vote of said Mayor and Council. Section 12.04. Certain purchases prohibited . The Mayor and Council and other officers of the City of Alma shall not purchase any goods or property from any business in which they are employees, or in which they are directly or indirectly interested, or from any person or partnership of which they are a member, or by whom they are employed, unless by sanction of the majority of the Mayor and Council, or unless it be made clearly to appear that the said individual, partnership or owner of the business offers and will sell the goods or property as cheap or cheaper than it can be bought elsewhere. Section 12.05. Contracts to be in writing and entered on minutes . All contracts entered into by the Mayor and Council of the City of Alma and other persons on behalf of said city shall be in writing and entered on the minutes of said Mayor and Council. Section 12.06. Mode of contracting in certain cases . Whenever it becomes necessary to build or repair the city

Page 3597

hall, jail, bridge, causeway, or other public works in the City of Alma, the Mayor and Council of the City of Alma shall cause the same to be built or repaired by letting out the contract therefor to the lowest bidder, at public outcry before the city hall door, after being advertised for letting of said contracts as provided for in Section 12.07 of this Act. Provided, that said Mayor and Council shall have authority to reject any and all bids at such public letting and if in their discretion the public interest and economy require it, said Mayor and Council may build or repair any public buildings, bridges, causeways, or other public property in said city, by contract or sealed proposals. Section 12.07. What notice shall be given . The Mayor and Council of the City of Alma shall give notice of the contract to be let in the official organ of said city, once a week for four (4) weeks, and by posting a written notice at the city hall door for a like time, which notice and advertisement shall embrace such details and specifications as will enable the public to know the extent and character of the work to be done, and the terms and time of payment. The city manager shall make out, and post conspicuously in the rotunda of city hall, complete minute specifications of the proposed public work, which shall be open to the inspection of the public. Section 12.08. Contractors to give bond . Contractors who are awarded contracts shall be required to give bond in double the amount of the bid, with two good and solvent securities, for the faithful performance of the contract, and to indemnify the city for any damages occasioned by a failure to perform the same within the prescribed time. It shall be unlawful to let out any contract for building and repairing any public building, bridge, or other public work, unless the provisions of the three preceding Sections of this Act are complied with; and any contractor doing, or having done, any work of the kind in any other manner shall not be entitled to receive any pay therefor: Provided, that the requirements of these Sections shall not apply to the building or repairing of any public bridge, building, or other work when the same can be done at less cost than $300, but the Mayor and Council of the City of Alma may have such work

Page 3598

of building or repairing done by hiring hands and furnishing materials. Where such material is purchased and such work done as aforesaid, the Mayor and Council of the City of Alma may use the funds of said city arising from taxes levied for such purposes in purchasing said material and paying such labor while said work is being done. Section 12.09. Bonds for public contractors . No contract with the Mayor and Council of the City of Alma for the doing of any public work shall be valid for any purpose, unless the contractor shall give: (A) A performance bond with good and sufficient surety or sureties payable to in favor of and for the protection of the Mayor and Council of the City of Alma for whom the work is to be done. The performance bonds shall be in the amount of at least the total amount payable by the terms of the contract. This bond shall not be required when a bond is required under preceding section of this Act. (B) A payment bond with good and sufficient surety or sureties, payable to the Mayor and Council of the City of Alma for the use and protection of all contracts and all persons supplying labor, materials, machinery and equipment and the prosecution of the work provided for in said contract. (C) Provided, however, that this Section shall not apply where the contract price does not exceed $1,000.00. Section 12.10. Fees and licenses . The Mayor and Council also have authority to set fees and licenses for all persons conducting business in the City of Alma. Section 12.11. Erection and furnishing of buildings; protection of records . It is the duty of the Mayor and Council of the City of Alma to erect or repair, when necessary, the city hall and jail, and all other necessary public buildings, to furnish each with all the furniture necessary for the different rooms, offices, or cells, and to procure a fire-proof safe or safes sufficient to hold at least all the minute books containing records, all judgments, officers

Page 3599

bonds, all recognizances, and of appraisements and sales, unless the city hall has a fire-proof vault. Such books and papers, and all others that can be so cared for, shall be placed in such safes or vaults at night or when, the various city officers are absent from their offices. Section 12.12. How property controlled . The Mayor and Council of the City of Alma shall have the control of all property belonging to said city, and may by order to be entered on their minutes direct the disposal of any real property which may lawfully be disposed of, and make and execute good and sufficient title thereon on behalf of the city. Section 12.13. Temporary loans authorized, conditions . In addition to obligations otherwise allowed, Mayor and Council of the City of Alma is hereby given the authority to make temporary loans between January 1st and December 31st in each year to pay expenses for such year, upon the following conditions: The aggregate amount of all such loans of said city outstanding at any one time shall not exceed seventy-five (75%) per cent of the total gross income of said city from taxes collected by said city in the last preceding year. Such loans shall be payable on or before December 31st of the calendar year in which the loan is made. No loan may be made in any year under the provisions of this Section when there is a loan then unpaid which was made in a prior year under the provisions of this Section. If such loan shall be first authorized by resolution fixing the terms of such loan adopted by a majority vote of the Mayor and Council of the City of Alma, at a meeting legally held, and such resolution shall appear upon the minutes of such meeting, the City of Alma shall not incur in any one calendar year an aggregate of such temporary loans and other contracts or obligations for current expenses, in excess of the total anticipated revenue of said city for such calendar year, or issue in one calendar year, notes, warrants or other evidence of such indebtedness in a total amount in excess of such anticipated revenue for such year. Section 12.14. Review of legislation by judge or city attorney . The judge of the superior court of Bacon County,

Page 3600

Georgia, on the first day of the commencement of court during a May term of the superior court which is held immediately after the Mayor or a Councilman is elected shall read and review all the provisions of this legislation and all amendments thereto to all city officers, or shall instruct the city attorney to immediately review in detail the city charter and all ordinances of the city, to and with the Mayor, all councilmen, the city manager, the city court judge, and other city department and commission heads. Section 12.15. Restrictions on actions for damages against city . No action shall be maintained against the city for damages unless a written statement by the claimant or by his agent, attorney or representative, setting forth the basis for his claim, shall have been filed with the Mayor within sixty days after such cause of action shall have occurred, except that when the claimant is an infant or non compos mentis , or an injured person dies within sixty days, the time limit for filing a claim shall be one hundred and twenty days. No officer or employee of the city may waive this requirement. Section 12.16. General laws may be used . The council in its discretion may elect to use the provisions of any general laws of the State in addition to or instead of the provisions of this Act. Section 12.17. Penalties . The violation of any provision of this Act, for which a penalty is not specifically provided herein, is hereby declared to be a misdemeanor and shall be punished by a fine of not more than fifty dollars ($50.00) or by imprisonment not to exceed one year, or by both such fine and imprisonment. Section 12.18 . The city of Alma may continue to levy up to 1 mill tax for industrial purposes and to proceed under an Act which was a constitutional amendment in Georgia Laws 1953, page 566. Taxes. Section 12.19. Records, open to the inspection of the Public . All records in the City Hall are public records and are open to the inspection of the public during reasonable

Page 3601

hours. The city shall publish in the official city organ quarterly: (a) a quarterly balance sheet, (b) a quarterly operating statement. Monthly, a typewritten list of all expenditures in detail, giving name and amounts, shall be listed, on the bulletin board at the city hall for public inspection. The list shall be published in the official organ of the city, monthly, upon the recommendation of [UNK]rd's of a grand jury. Section 12.20. Severability . In the event any article, 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 articles, sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the article, 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. Section 12.21. Specific laws repealed . An Act approved August 21, 1906 (Ga. L. 1906, p. 496), as amended by an Act approved August 6, 1915 (Ga. L. 1915, p. 461), an Act approved August 7, 1918 (Ga. L. 1918, p. 526), an Act approved August 1, 1924 (Ga. L. 1924, p. 424), an Act approved April 15, 1927 (Ga. L. 1927, p. 767), an Act approved February 22, 1943 (Ga. L. 1943, p. 1161), an Act approved February 26, 1945 (Ga. L. 1945, p. 799), an Act approved February 17, 1950 (Ga. L. 1950, p. 2634), an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2900), an Act approved March 13, 1957 (Ga. L. 1957, p. 3326), an Act approved March 17, 1958 (Ga. L. 1958, p. 2401), an Act approved March 25, 1958 (Ga. L. 1958, p. 3378), and an Act approved March 17, 1960 (Ga. L. 1960, p. 3201) is hereby expressly repealed. Section 12.22. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3602

Notice of Intention to Apply for Local Legislation. Notice is hereby given that legislation will be sought at the General Assembly of Georgia convening in January, 1963 to establish a new charter for the City of Alma, Georgia. Such legislation will seek to abolish all Acts heretofore passed relating to the City of Alma and such legislation may contain any provision within the power of the Legislature to enact. H. Dorsey Deen, Representative, Bacon County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Dorsey Deen, who, on oath, deposes and says that he is Representative from Bacon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Alma Times, which is the official organ of said county, on the following dates: January 17, 24, and 31, 1963. /s/ H. Dorsey Deen Representative, Bacon County Sworn to and subscribed before me this 7th day of March, 1963. /s/ Kathryn Rule Notary Public. My commission expires 1-30-65. (Seal). Approved April 12, 1963.

Page 3603

HABERSHAM COUNTYCOMPENSATION OF CLERK OF TAX COMMISSIONER. No. 501 (House Bill No. 644). An Act to amend an Act consolidating the offices of tax receiver and tax collector into the office of tax commissioner of Habersham County, approved February 5, 1952 (Ga. L. 1952, p. 2045), as amended by an Act approved February 26, 1959 (Ga. L. 1959, p. 2074), so as to change the compensation of the clerk of the tax commissioner; to provide for a method for determining future salary increases for said clerk; 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 into the office of tax commissioner of Habersham County, approved February 5, 1952 (Ga. L. 1952, p. 2045), as amended by an Act approved February 26, 1959 (Ga. L. 1959, p. 2074), is hereby amended by striking from section 3 therein the figure $2,400.00 and inserting in lieu thereof the figure $2,800.00. And by adding to said section 3 the words All salary increases of said clerk shall be granted upon a recommendation being made by the tax commissioner and such recommendation being approved by the then presiding grand jury of Habersham County., so that when so amended, section 3 of said Act shall read as follows: Section 3. The salary of said tax commissioner shall be $5,000.00 per annum to be paid monthly from funds in the county treasury. The tax commissioner shall be authorized to employ one clerk, whose salary shall be $2,800.00 per annum, to be paid monthly from the funds in the county treasury. All salary increases of said clerk shall be granted upon a recommendation being made by the tax commissioner and such recommendation being approved by the then presiding grand jury of Habersham County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3604

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1963 session of the General Assembly of Georgia, a bill to change the salary of the employees of the office of tax commissioner of Habersham County; to provide a method for future salary increases; and for other purposes. This 13th day of February, 1963. Richard Russell Smith, Representative, Habersham County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Russell Smith, who, on oath, deposes and says that he is Representative from Habersham County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser, which is the official organ of said county, on the following dates: Feb. 14, 21, 28, 1963. /s/ Richard Russell Smith Representative, Habersham County Sworn to and subscribed before me this 7th day of March, 1963. /s/ Patricia Anne Bowen Notary Public. (Seal). Approved April 12, 1963.

Page 3605

CITY OF VALDOSTAELECTION OF MEMBERS OF BOARD OF EDUCATION. No. 503 (House Bill No. 678). An Act to amend an Act establishing a system of public schools in the City of Valdosta, approved December 20, 1893 (Ga. L. 1893, p. 453), as amended, so as to provide for the designation of posts on the board of education for the City of Valdosta; to provide that candidates must run for particular posts on the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a system of public schools in the City of Valdosta, approved December 20, 1893 (Ga. L. 1893, p. 453), as amended, is hereby amended by adding between sections 3 and 4 a new section to be numbered section 3A and to read as follows: Section 3A. Those positions on the board of education which expire during the year, 1964, shall be designated as posts 1, 2, and 3; those positions which expire during the year, 1966, shall be designated as posts 4, 5, and 6; and those positions which expire during the year, 1968, shall be designated as posts 7, 8, and 9. In all future elections for members of the board of education for the City of Valdosta, the candidates offering for election shall designate and qualify for a particular post on the board. Those candidates receiving the majority number of votes cast for each respective post shall be elected to the board. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the board of education of the City of Valdosta intends to apply for the passage of local legislation at the 1963 session of the General Assembly of Georgia, to amend the Act which establishes a system of

Page 3606

public schools in the City of Valdosta and all Acts amendatory thereto, so as to provide for the election of the several members of the board of education of the City of Valdosta by post, and for other purposes. This the 21st day of February, 1963. Board of Education of the City of Valdosta By: Reuben H. Yancey. Publisher's Affidavit. State of Georgia, Lowndes County. Before me, the undersigned, a notary public, this date personally came Mann Turner, who, being first duly sworn, according to law, says that he is the publisher of the Valdosta Daily Times, the official newspaper of Lowndes County, Georgia, and that the above notice of intention to apply for local legislation was published in the Valdosta Daily Times on February 23, March 1, and March 8, 1963, as provided by law. /s/ Mann Turner Sworn to and subscribed before me this 8th day of March, 1963. /s/ Hazel Pollard Notary Public, Lowndes County, Ga. My commission expires March 14, 1967. (Seal). Approved April 12, 1963.

Page 3607

CITY OF MACONCORPORATE LIMITS. No. 509 (House Bill No. 339). 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 and an Act approved March 3, 1962, said described Act appearing on pages 2824 through 2829, both inclusive, of the published Acts of the General Assembly of 1962, by adding at the end of said section 2 as amended by said Act of 1961, and said Act of 1962, 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

Page 3608

changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing or re-enacting any section or sub-section of said Act or Acts, and particularly the Acts of the General Assembly 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, and an Act approved March 3, 1962, said described Act appearing on pages 2824 through 2829, both inclusive, of the published Acts of the General Assembly of Georgia of 1962, 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 and said Act of 1962, 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 situate, lying and being in land lot 54 of the 7th or Roberts District of Jones County, Georgia, containing 196 acres, more or less, and being more fully described as follows: Beginning at the intersection of the land lot lines forming junction of land lots 54, 55, 77 of Jones County, Georgia, and land lot 76 of Bibb County, Georgia; running thence in a northwesterly direction along the land lot line dividing lots 54 and 77, 2578 feet to the property of Charles E. Baker; thence at right angles 630 feet along the line of said Charles E. Baker; thence right angle left 420 feet along the line of

Page 3609

said Charles E. Baker to the land lot line dividing land lots 53 and 54; running thence in a northeasterly direction along the line dividing lots 53 and 54 a distance of 2340 feet, more or less, to the point of intersection of the land lot lines forming junction of land lots 53, 54, 51 and 52; thence angle right and running in a southeasterly direction along the land lot line dividing land lots 51 and 54 a distance of 3000 feet, more or less, to the point of intersection of the land lot lines forming junction of land lots 54, 55, 50 and 51; thence at right angles running along the line dividing land lots 54 and 55 in a southwesterly direction a distance of 740 feet, more or less, to the property of Jack Butt; thence angle right 210 feet; thence right angle left along the property of said Jack Butt 630 feet; thence right angle left 210 feet to the land lot line dividing land lot 54 and land lot 55; thence continuing in a southwesterly direction along said land lot line 1600 feet to the point of beginning. Also, all that portion of the right-of-way of Joycliff Road commencing at its intersection with Georgia State Highway 49 (Old Miller Field Road) and running along said Joycliff Road right-of-way in a northwesterly direction to a point 420 feet southeast of the land lot line dividing land lot 53 and land lot 54, seventh District, Jones County, Georgia. (b) All that tract or parcel of land lying and being in Bibb County, Georgia, and being a portion of the right-of-way of Rocky Creek Road, the same being more particularly described as follows: Commencing at a point on the south right-of-way line of Rocky Creek Road where the east boundary line of Fairview Acres sub-division intersects the same; thence running in an easterly direction along the south right-of-way line of Rocky Creek Road to the point on said south right-of-way line where the center line of Rocky Creek intersects the same; thence angling left and running along the present corporate limits line of the City of Macon to the point of beginning. The above description includes all of the right-of-way of

Page 3610

Rocky Creek Road which presently is without the corporate limits of the City of Macon. 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 application will be made to the January, 1963 session of the General Assembly of Georgia for the passage of the following local legislation: (a) To amend the charter of the City of Macon, as heretofore amended, relating to the corporate limits of the City of Macon by adding new territory to become a part of the City of Macon. Any matter germane to this general subject may be included in such legislation or amendment thereto. This notice is given in accordance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the Constitution of Georgia of 1945. This 2nd day of January, 1963. Buckner F. Melton, City Attorney, City of Macon. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William E. Laite, Jr., who, on oath, deposes and says that he is Representative from Bibb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Macon News, which is the official organ of said county, on the following dates: Jan. 4, 11 18, 1963. /s/ William E. Laite, Jr. Representative, Bibb County

Page 3611

Sworn to and subscribed before me this 18th day of February, 1963. /s/ Particia Anne Bowen Notary Public. (Seal). Approved April 17, 1963. APPLING COUNTY BOARD OF EDUCATION. No. 510 (House Bill No. 434). An Act to establish the number of votes necessary for the Board of Education of Appling County to take official action: to provide for the hiring and dismissing of educational personnel in said county; to require that said board members be bonded; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. A quorum of the Board of Education of Appling County shall consist of a majority of the members of said board. Such quorum must be present before any official action may be taken. Quorum, etc. Before the Board of Education of Appling County can take official action on any matter, there must be an affirmative vote for such official action of a majority of the members present and participating in an official meeting of said board. Section 2. That the Board of Education of Appling County shall have the sole power, authority, and duty of hiring all personnel who are to be employed in the educational system of Appling County. Said board shall also have the sole power, authority, and duty of dismissing and accepting resignations of said personnel. Personnel.

Page 3612

Section 3. That each member of the Board of Education of Appling County shall post a bond of ten thousand dollars ($10,000.00) while serving his term on said Board. Said bond shall be paid for out of the funds of Appling County. Bond. 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 1963 session of the General Assembly of Georgia, a bill to determine powers of the Appling County Board of Education, to determine salaries of personnel and to determine power of employing and firing of personnel. This 29th day of January, 1963. Curtis C. Herndon Representative Appling County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Curtis C. Herndon, who, on oath, deposes and says that he is Representative from Appling County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News-Banner, which is the official organ of said county, on the following dates: January 31, February 7 and February 14, 1963. /s/ Curtis C. Herndon Representative, Appling County. Sworn to and subscribed before me this 25 day of Feb., 1963. /s/ Amelia Smith Notary Public, Georgia, State at Large. My commission expires Oct. 19, 1964. (Seal). Approved April 17, 1963.

Page 3613

CIVIL AND CRIMINAL COURT OF DEKALB COUNTYSALARIES. No. 514 (House Bill No. 549). An Act to amend an Act approved February 14, 1951, creating and establishing the Civil and Criminal Court of DeKalb County and all Acts amendatory thereto so as to provide for the salaries of the judges; to provide for the salaries of the solicitor, clerk and marshal; 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. It is hereby enacted by authority of the same that an Act approved March 16, 1961 (p. 2461) amending said original Act creating the Civil and Criminal Court of DeKalb County be and the same is hereby amended as follows: By striking section 1 of said Act of 1961 in its entirety and inserting in lieu thereof a new section to read as follows: On and after January 1, 1963 the said judges of said court shall be paid a salary in the sum of $16,000.00 per annum; be it further provided that the senior judge shall be paid an additional sum of $1,000.00 per annum, said sums to be paid monthly out of the county treasury. Judges. Section 2. Said Act is further amended by striking section 7 of the Acts of 1960 (p. 2166) in its entirety and inserting in lieu thereof a new section to read as follows: Be it further enacted by authority aforesaid that from and after January 1, 1963, the clerk of the Civil and Criminal Court of DeKalb County shall be paid a salary of not less than $10,000.00 per annum. Clerk. Be it further provided that from and after January 1,

Page 3614

1963, the marshal of said court shall be paid a salary of not less than $10,000.00 per annum. Marshal. Said salaries to be paid out of the treasury of the DeKalb County as an expense of the court. Section 3. Be it further enacted by authority aforesaid that section 2 of the Acts of 1961 (p. 2461) be amended by striking said section in its entirety and substituting in lieu thereof a new section to read as follows: There shall be a solicitor for the Civil and Criminal Court of DeKalb County whose duty it shall be to represent the State in all prosecutions pending therein and all matters in which it is the duty of the solicitor general of the superior courts of said State to represent the State. Said solicitor shall be that person who has previously been elected or appointed to the position of solicitor of the Civil and Criminal Court of DeKalb County and who on said date is qualified and serving as such, and his successor in office thereafter. Said solicitor shall continue in office as such until the expiration of the term to which he has been elected or appointed prior to the effective date of this Act. The solicitor of the Civil and Criminal Court of DeKalb County shall be elected by the people of DeKalb County in the general election held in and for said county next preceding the expiration of the term of said solicitor. The term of office of said solicitor shall be four years, or until his successor is elected and qualified. The commission shall issue from the Governor upon a certificate from the ordinary of DeKalb County as to his having been elected as solicitor of said county. On and after January 1, 1963, the salary of the solicitor of the Civil and Criminal Court of DeKalb County shall be $13,000.00 per annum, payable monthly out of the county treasury as an expense of the Court. Solicitor. Said salary shall be in lieu of any and all fees of said solicitor as provided by law. The solicitor of the Civil and Criminal Court of DeKalb County shall have been a resident and elector of DeKalb County, Georgia, for at least one year immediately preceding his election or appointment,

Page 3615

and shall have been engaged in the practice of law at least three years next preceding his election or appointment hereunder and shall be at least twenty-five years of age. Section 4. 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 5. All laws or parts of laws in conflict with this Act are hereby repealed. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the city of Decatur, being of general circulation and being the legal organ for the county of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention To Apply For Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being January 3, 10 and 17, 1963. The DeKalb New Era /s/ W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 26 day of February, 1963. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission expires Mar. 23, 1963. (Seal). Notice to Apply for Local Legislation. An Act to amend an Act approved February 14, 1951, (Ga. L. 1951, p. 2401), creating the Civil Court of DeKalb County, and Acts amendatory thereto, to provide for the

Page 3616

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. Approved April 17, 1963. CIVIL AND CRIMINAL COURT OF CLAYTON COUNTY. No. 515 (House Bill No. 580). An Act to create a court to be known as the Civil and Criminal Court of Clayton County; to define its jurisdiction and powers; to provide for election, qualifications, oath, duties, powers, terms and compensation of the judge and solicitor thereof; to provide for a clerk and sheriff of said court; to provide for terms of court; to provide for pleadings and practice and rules of procedure; to provide for application of laws governing superior courts; to provide for trial without jury; to provide for drawing of jurors; to provide for lien of judgments; to provide for jurisdiction of claim cases; to provide for transmitting claim cases involving real property to the superior court; to provide for applicability of general laws; to provide powers of the judge of said court; to provide for seals and records; to define the duties of the clerk and sheriff; to provide for pay of jurors; to provide for binding persons over by justices of the peace; to provide for suits against joint defendants; to prescribe rules of the court; to provide for fines and forfeitures; to provide for costs in civil cases; to provide for records; to provide for clerical and investigative staff and compensation therefor; to provide for a court reporter; to provide for accusations; to provide for transfer of indictments; to provide for transfer of certain civil cases to the Civil and Criminal Court; to provide for transfer of certain civil and criminal cases

Page 3617

to the superior court; to provide for new trials; to provide for motion for new trial in certain cases; to provide time for filing motion for new trial in certain cases; to provide for bail bonds and cash bonds; to provide for filing small claims; to provide for retirement; to provide for filling vacancies; to provide for operating funds of said court; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Civil and Criminal Court of Clayton County created . A city court for the County of Clayton, in the City of Jonesboro, to be known as the Civil and Criminal Court of Clayton County is hereby established and created with civil and criminal jurisdiction of the whole County of Clayton concurrent with the superior court, to be held in the Clayton County courthouse, to try and dispose of all civil cases of whatever nature wherein the principal sum sworn to, sued for or claimed to be due, exclusive of interest, penalties, and attorney's fees does not exceed $10,000.00, except those cases involving personal injury and those cases which the laws and Constitution of this State has given the superior court exclusive jurisdiction; and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in Clayton County, Georgia. When a counter-complaint or cross-action is filed, the Civil and Criminal Court of Clayton County shall retain jurisdiction regardless of the amount sued for provided no personal injury is involved. If a cross-action is filed, involving a personal injury, the cross-action and the main suit shall be automatically transferred to the Superior Court of Clayton County and an order shall be entered by the clerk of the Civil and Criminal Court of Clayton County to that effect. The Court shall have power and authority to issue warrants of all types, dispose of issues arising therefrom, hold commitments and bind over to the proper court as the case or cases may warrant. That the jurisdiction conferred herein shall include not only the ordinary suits by petition and process, but also the other kinds of suits and proceedings that now or may hereafter

Page 3618

be in use in any inferior court or in the superior court, either under the common law or statutes. The judge of the Civil and Criminal Court of Clayton County shall have the power to issue writs of habeas corpus and to hear and dispose of the same in the same way and with the same powers as the judge of the superior court. Section 2. Election of Judge . There shall be a judge of the Civil and Criminal Court of Clayton County who shall be elected for a term of four (4) years. The first election for said judge of the Civil and Criminal Court of Clayton County shall be in the next county election in which the county officers of Clayton County are elected, to be held in 1964, and the term of said officer so elected shall begin on January 1, 1965. Thereafter, the judge of said court shall be elected at the same time as county officers of Clayton County are elected for a term of four (4) years. Section 3. Judge's Salary . The judge of the Civil and Criminal Court of Clayton County shall receive a salary of $12,500.00 per annum and shall be paid monthly by the commissioners of roads and revenues of Clayton County, Georgia. The judge of said court shall as such receive no other compensation, and shall not practice law in any other court in Clayton County, Georgia, and may hold no other public office. If for any reason the judge shall be absent or disqualified to act in any case, the judge of the Superior Court of Clayton County Judicial Circuit shall appoint a judge pro hac vice whose compensation shall be fixed by the judge of the superior court and who shall be paid by the commissioners of roads and revenues of Clayton County, Georgia. The salary of the judge shall be paid out of the general fund of Clayton County, Georgia. Section 4. Qualifications and Oath . No one shall be eligible for the office of said judgeship unless he shall be at the time of qualification at least twenty-eight (28) years of age, a resident of Clayton County, Georgia, for three (3) years immediately preceding his election and must have actively practiced law for at least five (5) years immediately before his qualification. He shall immediately before

Page 3619

entering the duties of his office take and subscribe the following oath before the ordinary of Clayton County, Georgia: I solemnly swear that I will administer justice without respect to person, and do equal rights to rich and poor, and I will faithfully and impartially discharge all duties which may be required of me as judge of the Civil and Criminal Court of Clayton County according to the best of my ability and understanding agreeable to the laws and Constitution of the United States and of the State of Georgia, So Help Me God., which oath shall be filed with the clerk of the Civil and Criminal Court of Clayton County, Georgia. Section 5. Election of Solicitor . There shall be a solicitor of the Civil and Criminal Court of Clayton County who shall be elected for a term of four (4) years. The first election for said solicitor of the Civil and Criminal Court of Clayton County shall be in the next county election in which the county officers of Clayton County are elected, to be held in 1964, and the term of said officer so elected shall begin on January 1, 1965. Thereafter, the solicitor of said court shall be elected at the same time as county officers of Clayton County are elected for a term of four (4) years. Section 6. Salary of Solicitor . The salary of the solicitor of said court shall be $8,500.00 per annum, and shall be paid monthly by the commissioners of roads and revenues of Clayton County, Georgia, out of the general funds of Clayton County. The solicitor of said court shall, as such, receive no other compensation, and shall not practice criminal law in any court or courts in Clayton County, Georgia. Section 7. Solicitor's Qualifications and Oath . No person shall be eligible for the office of solicitor of the Civil and Criminal Court of Clayton County unless at the time of his qualification he shall be at least twenty-five (25) years of age and shall have been a resident of Clayton County, Georgia, for at least three (3) years immediately preceding his qualification and shall have been actively engaged in the practice of law for three (3) years immediately before his qualification. Said solicitor before entering

Page 3620

upon the duties of his office shall take and subscribe the following oath before the ordinary of Clayton County, Georgia: I do solemnly swear that I will faithfully and impartially, and without favor or affection, discharge my duties as solicitor of the Civil and Criminal Court of Clayton, County, So Help Me God. If for any reason the solicitor shall be absent or disqualified to act in any case, the court shall appoint a solicitor pro tempore whose compensation shall be fixed by the judge of said court and who shall be paid by the commissioners of roads and revenues. Section 8. Clerk of the Superior Court to be Clerk of The Civil and Criminal Court of Clayton County . The clerk of the Superior Court of Clayton County shall be the clerk of the Civil and Criminal Court of Clayton County and before entering upon the duties of office shall take and subscribe an oath before the ordinary of Clayton County to faithfully and impartially discharge the duties thereof, which oath shall be filed in the office of the clerk of the Civil and Criminal Court of Clayton County. Any deputy or deputies the clerk may have or may hereafter have shall also be deputy clerks of said court. Section 9. Sheriff . The sheriff of Clayton County shall be the sheriff of the Civil and Criminal Court and before entering upon the discharge of his duties of the office of sheriff of the Civil and Criminal Court of Clayton County said sheriff shall execute a bond with good security for the sum of three thousand ($3,000.00) dollars payable to the ordinary of Clayton County for the faithful discharge of his office. He shall have power to appoint a deputy or deputies of said court. It shall be the duty of the judge of said court to approved the bond given by the sheriff. The bond shall be in the same from as the usual bond given by the sheriff, and shall be filed with the ordinary of said county. Any deputy or deputies that said sheriff may have or may hereafter have shall also be deputy sheriffs of said court. Section 10. Terms of Court . The terms of the Civil and Criminal Court of Clayton County shall be held on the

Page 3621

second Monday of each and every month in the year and regular jury trials for civil and criminal cases shall be held on the second Monday in January, April, July and October of each year, except that the judge of said court shall have the power to provide for additional trials by juries in any month that he deems necessary, and shall have the same power as to holding adjourned and special terms of his court as the judge of the superior court has. Section 11. Procedure . Suits in said Civil and Criminal Court of Clayton County shall in all respects be conformable to the mode of procedure and practice as is now or hereafter used in the superior courts of this State, but process to writs shall be annexed of said Civil and Criminal Court of Clayton County, be attested in the name of the judge thereof and be directed and served by the sheriff of the Civil and Criminal Court of Clayton County or his deputies thereof. Section 12. Laws as to Superior Court Applied . In all matters pertaining to service, pleadings, practice and evidence the laws governing the superior courts shall be applicable to said Civil and Criminal Court of Clayton County. Section 13. Trial Without Jury . All cases, both civil and criminal, over which the court has jurisdiction shall be tried by the judge without a jury unless one party to the case shall, in writing, demand a trial by a jury as to civil cases at the time of filing the suit or when defensive pleadings are filed, and in criminal cases at the time of pleading to the accusation, and in that case a trial shall be had by a jury of six, and the parties to either a civil or criminal case shall be entitled to a panel of twelve (12) jurors and in a civil case the plaintiff shall have three pre-emptory strikes and the defendant shall have three pre-emptory strikes. In a criminal case, the defendant shall be entitled to four pre-emptory strikes and the State of Georgia to two pre-emptory strikes. Section 14. Drawing of Jurors . Jurors to serve in the Civil and Criminal Court of Clayton County shall be drawn from the same traverse jury box of Clayton County, Georgia,

Page 3622

as used for the superior court by the judge of said court in the same manner as juries are drawn by the judge of the superior courts of the State of Georgia, and the duties of the clerk of the Civil and Criminal Court of Clayton County with respect to the drawing of jurors shall be the same as those prescribed for the clerk of the superior courts of said State. The judge of said court may in his discretion provide for a separate jury box. Section 15. Lien of Judgments . All judgments obtained in said court shall be a lien on all property of the defendant or defendants throughout the State in the same manner as are judgments in the superior court; all executions issuing from said court shall be attested in the name of the judge and directed to the sheriff or his deputies of the Civil and Criminal Court of Clayton County and to all and singular the sheriffs and their deputies of the State of Georgia and all processes of all kinds issued from said court shall be directed in the same manner as executions. Section 16. Claim Cases . The Civil and Criminal Court of Clayton County shall have jurisdiction of all claims where personal property is levied upon under executions or other process from said court, and such claims shall be tried in the same manner as claims are tried in the superior court. Section 17. Claim Cases Involving Real Property . Claims to real property levied upon under execution or other process from said Civil and Criminal Court shall be returned to the superior court where said real property is situated and shall then proceed as other claims in the superior court and the clerk of the Civil and Criminal Court of Clayton County is directed to transmit all of the papers in connection with claim cases to real property to the Superior Court of Clayton County, Georgia. Section 18. General Laws Applicable . The general laws of the State of Georgia with regard to the commencement of the suits in the superior court, defenses, set-offs, affidavits of illegality, rules of evidences, arbitration, examination of parties to suits or witnesses by deposition or interrogatories

Page 3623

or under subpoenaes, witnesses and the attendance of witnesses or other matters of judicial nature within the jurisdiction of said Civil and Criminal Court shall be applicable. Section 19. Judge's Powers, Contempt of Court . The judge of the Civil and Criminal Court of Clayton County shall have the power to enforce the orders, to preserve order, to punish for contempt and to enforce all of his judgments as is vested by laws in the judges of superior courts of this State. Section 20. Seals and Records, Duties of Clerk and Sheriff . The Civil and Criminal Court of Clayton County shall be a court of record and shall have a seal, and such records and files as are required by law to be kept for the superior court shall be kept in and for said Civil and Criminal Court in the same manner except that the clerk is authorized to use photostating and copying machines of every kind and character, or microfilm for keeping said records. The clerk shall enter all executions issued from the court on the general execution docket for the County of Clayton and all laws applicable to the duties of the clerk and sheriff of the superior court shall apply to them in said Civil and Criminal Court. Section 21. Pay of Jurors . The pay for jurors in the Civil and Criminal Court of Clayton County shall be the same as that provided for by jurors serving in the Superior Court of Clayton County. Section 22. Duty of Justices of Peace as to Binding Over . It shall be the duty of the justices of the peace or other committing magistrates to bind over to said Civil and Criminal Court of Clayton County all persons charged with offenses committed within the limits of Clayton County over which said court has jurisdiction there to answer said offense unless said accused is discharged by said committing magistrate. Section 23. Suits Against Joint Defendants . All suits against joint obligors, joint promisors, co-partners or joint

Page 3624

defendants in which any one or more reside in the County of Clayton may be brought in said court, whether its jurisdiction is already stated, under the same rules and regulations covering said cases in the superior court, including copies, second copies, returns or other matters connected with the suits. Section 24. Rules of Court . All rules of the superior court relating to continuances, motions, pleas and practice shall be applicable to said court, except as modified by the judge of this court, or conflict with the provisions of this Act. Section 25. Fines and Forfeitures . All fines, forfeitures and monies arising from cases in said Civil and Criminal Court of Clayton County shall be collected by the sheriff of said court and be turned over to the treasurer of said county or be deposited in the name of the county in the county depository on or before the 10th of the following month and when the sheriff of said county turns over the money as aforesaid the said sheriff shall make and deliver to the clerk of the county commissioners an itemized statement of the sources of said monies and the duplicate deposit slips. Section 26. Costs in Civil Cases . The costs in all civil cases shall be the same as the costs are in the Superior Court of Clayton County and the clerk of the court shall collect all costs due and be authorized to issue execution for said costs, except as modified by this Act. Section 27. Records . The commissioners of roads and revenues of said county shall provide for the necessary books for the keeping of the dockets, minutes and records of said court and to provide for all supplies and equipment of every kind and character necessary in the operation of said court, and to provide a suitable place in Clayton County courthouse for the holding of said court. They shall also provide the necessary clerical help and investigative staff for the officers of this court. They shall also set and pay the salaries of such clerical and investigative staff out of the general fund of Clayton County.

Page 3625

Section 28. Court Reporter . There shall be a court reporter of the said Civil and Criminal Court of Clayton County appointed by the judge thereof and who shall be subject to removal at any time by said judge, and all civil cases in said court shall be reported at the request of either plaintiff or defendant, and the takedown and transcribing fees for the reporting of such cases and shall be fixed by the judge of this court, to be paid by plaintiff and defendant equally except that the reporter's charge for transcribing said testimony shall be paid for by the party ordering such transcription; and said court reporter shall have the right to enforce the collection of his or her fees as do court reporters in the superior court of this State, provided however, such reporters when required to attend criminal sessions of said court shall be entitled to receive for his or her services, fees as fixed by the judge of this court. The reporting fees in criminal cases for taking down the testimony shall be borne by the party requesting such takedown. The fee for transcribing the testimony and charge of the court shall be paid by the party ordering the same. Section 29. Accusation . The defendant in criminal cases in said Civil and Criminal Court of Clayton County shall be tried on a written accusation setting forth plainly the offense charged, founded upon the affidavit by the prosecutor and signed by the solicitor or solicitor pro tem, of said county, provided that the solicitor of said Civil and Criminal Court, if it comes to his knowledge that a misdemeanor has been committed in the County of Clayton and no person comes forth or forward to prosecute same, said solicitor shall sign up an accusation charging the offender with such misdemeanor and trial thereon shall be the same as on an accusation sworn out by a person who is a prosecutor; and such solicitor is hereby given the authority and power, and it is hereby made his duty, to have summoned witnesses against such offender, and in all respects said trial shall be as on an accusation sworn out by a person who is a prosecutor. Upon such accusation being made and filed in the clerk's office, or such preferred accusation made by the solicitor of said court, as herein provided in this section, it shall be the duty of the judge of said court to issue a warrant for the apprehension and

Page 3626

arrest of the defendant, directed to the sheriff of Clayton County, Georgia or his deputies, and to all and singular the sheriffs of this State. In all criminal cases within the jurisdiction of said Civil and Criminal Court of Clayton County the defendant, or defendants, shall not have the right to demand an indictment by the grand jury of Clayton County, except as expressly provided by law. Section 30. Transfer of Indictment . The judge of the Superior Court of Clayton County may, in his discretion, send down from the Superior Court of Clayton County to said Civil and Criminal Court of Clayton County, for trial and final disposition, all presentments and indictments for misdemeanors by entering an order to that effect. Section 31. Transfer of Civil Cases . The judge of the Superior Court of Clayton County is hereby authorized to transfer eligible civil cases to the Civil and Criminal Court of Clayton County when consented to by both parties. Section 32. Transfer of Civil and Criminal Cases to the Superior Court . Either party may have his case transferred to the superior court when consented to by the opposing side, and the judges of the Civil and Criminal Court of Clayton County and the Superior Court of Clayton County. Section 33. New Trials . The judge of said Civil and Criminal Court shall have the power to grant a new trial in any case, civil or criminal, in his court upon the same terms and conditions and under the same laws, regulations and motions in every respect covering the granting of new trials in the superior court. Section 34. Motion for New Trial In Certain Cases . In all cases where the amount involved is less than $300.00, exclusive of interest, attorney's fees, and costs, either party being dissatisfied with the judgment therein, may make an oral or written motion for a new trial then and there, which may be heard by the judge presiding instanter, or at a subsequent date to be fixed by the judge, and no brief of evidence shall be necessary to hear and determine said motion. Should the court grant said motion upon any

Page 3627

ground, there shall be no appeal from the first grant of a new trial, and the case shall stand for new trial de novo. Should the judge decline to grant a new trial on said motion, he shall prepare an order to that effect; then the movant or complaining party may apply to the Superior Court of Clayton County for writ of certiorari, and said judgment may be reviewed. Section 35. Time For Filing Motion For New Trial In Certain Cases . In all cases where the amount involved is $300.00 or more, either party to said cause or his counsel shall make and file a written motion for new trial within 30 days from the date of the ruling complained of, which written motion shall follow the same practice and procedure as that in use by the superior courts of this State, except this section shall not be interpreted so as to deny any complaining party the right of certiorari to the Superior Court of Clayton County, this provision being cumulative and in addition to the writ of certiorari to the Superior Court of Clayton County. Section 36. Bail Bonds and Cash Bonds . Cash bonds may be given by defendants in criminal cases in lieu of bail bond in such amounts as may be fixed by the judge by written order of said court and said judge is authorized to forfeit said cash bonds and bail bonds. Section 37. Small Claims . All civil suits where the principal amount involved is $100.00 or less, such cases may be commenced by the filing of an affidavit sworn to by the plaintiff setting forth briefly a claim or demand, or a sworn itemized statement of account sworn to by the plaintiff and, likewise, the defendant may file an affidavit setting forth his defense. The costs in all cases involving an amount of $100.00 or less shall be $5.00, payable when suit is filed and taxed as a part of the judgment in said cause. Section 38. Retirement . All judges, solicitors and employees of the Civil and Criminal Court of Clayton County are hereby declared to be ex officio judges, solicitors and employees of a city court of said State and county and as

Page 3628

such, shall be eligible to make such contributions and to receive such benefits as are described in the Act establishing the Employees' Retirement System for the State of Georgia as amended. Section 39. Vacancy . Any vacancy which may occur in the judgeship of the Civil and Criminal Court of Clayton County by death, resignation or otherwise shall be filled by appointment by the Governor for the unexpired portion of said term. Section 40. All Funds to Operate Said Court Shall be Paid Out of the General Funds of Clayton County . All funds including salary of the judge, salary of the solicitor, salary of the clerk, salary of the court reporter when authorized by the judge of said court, supplies, materials, furniture and furnishings, jurors' pay, bailiff's salary or salaries and any and all expenditures necessary for carrying into effect and maintaining this court, shall be paid by the commissioners of roads and revenues of Clayton County, Georgia, out of the general funds of Clayton County. Section 41. Effective Date . All provisions of this Act shall become effective January 1, 1965, except the provisions relating to the election of the judge and solicitor of the Civil and Criminal Court of Clayton County which shall become effective January 1, 1964. Section 42. Severability . In the event any provision of this Act shall be held illegal, void or unconstitutional the same shall not vitiate the remaining provisions of said Act, but all such provisions not held illegal, void or unconstitutional shall remain in full force and effect. Section 43. Repealer . 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 1963 session of the Georgia General Assembly legislation establishing a Civil and Criminal Court of Clayton

Page 3629

County, to define the jurisdiction and power of said court, to provide for the election, qualification, duties, powers and compensation of the judge, solicitor and other officers thereof, to provide for pleadings, rules and procedures therein, to repeal conflicting laws; and for other purposes. This 20th day of December 1962. Edgar Blalock Wm. J. Lee Representatives, Clayton Co. Affidavit. Georgia, Clayton County: This is to certify that the attached Notice of Intention To Introduce Local Legislation was published in the Forest Park News, Forest Park, Georgia, which is the official organ of Clayton County, on the following dates, December 20th and 27th, 1962 and January 3rd, 10th and 17th, 1963. /s/ J. Herman House, Jr. Owner Publisher The Forest Park News Forest Park, Georgia Sworn to and subscribed before me, this 31 day of January, 1963. /s/ Alice M. Jackson Notary Public, Clayton County, Georgia. My Commission expires Feb. 22, 1963. (Seal). Approved April 17, 1963.

Page 3630

CITY OF ALBANYWARDS ABOLISHED, REFERENDUM. No. 516 (House Bill No. 620). An Act to amend an Act creating and establishing a new charter for the City of Albany, Georgia, approved August 18, 1923 (Ga. L. 1923, pp. 370-418), as particularly amended in an Act approved March 17, 1960 (Ga. L. 1960, p. 2827), so as to strike from said Act all of the reference therein to the various wards of said city; to abolish said wards; 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 and establishing a new charter for the City of Albany, Georgia, approved August 18, 1923, (Ga. L. 1923, pp. 370-418), as particularly amended in an Act approved March 17, 1960 (Ga. L. 1960, p. 2827), is hereby amended by striking from section 2 any reference therein to the division of the said City of Albany into five (5) separate wards, the purpose and intention of this Act being specifically to abolish all of the five (5) wards in said City of Albany. Wards abolished. Section 2. Be it further enacted by the General Assembly that upon the passage of this Act, all of the commissioners of said city shall thereafter be elected from the city at large; a mayor, a mayor pro-tem., and five (5) other commissioners to be designated as commission posts number one (1), number two (2), number three (3), number four (4), and number five (5). Elections. Section 3. Not less than 10 nor more than 60 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the clerk of the City of Albany to issue the call for an election for the purpose of submitting this Act to the voters of the City of Albany for approval or rejection. The clerk shall set the date of such election for a day not less than 15 nor more than 90 days after the date of the issuance of the

Page 3631

call. The clerk shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of the City of Albany. The ballot shall have written or printed thereon the words: For approval of the Act abolishing the five wards in the City of Albany. Against approval of the Act abolishing the five wards in the City of Albany. 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 one-half or more of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Albany. It shall be the duty of the 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 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Let the public take notice that there will be introduced for passage at the ensuing 1963 Session of the General Assembly of Georgia, a local bill having for its purpose and effect the abolition of the five city wards and to provide that all of the commissioner's be elected from the City of Albany at large, instead of from the respective five separate wards. This bill to become effective only if approved by the voters in a referendum.

Page 3632

Dated this 4th day of January, 1963. A. W. Holloway, Senator George D. Busbee William S. Lee Colquitt H. Odom Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Colquitt Hurst Odom, 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 5th, 12th, and 19th, 1963. /s/ Colquitt H. Odom Representative, Dougherty County Sworn to and subscribed before me, this 22nd day of January, 1963. /s/ Patricia Anne Bowen Notary Public, Georgia, State at Large. My Commission expires Mar. 17, 1964. (Seal). Approved April 17, 1963.

Page 3633

NAME OF STREET IN CHATHAM COUNTY DESIGNATED. No. 95 (Senate Resolution No. 41). A Resolution. Relating to 52nd Street Extended in Chatham County; and for other purposes. Whereas, a street known as 52nd Street Extended in Chatham County, Georgia, was designated as Mills B. Lane Avenue by the County Commissioners of Chatham County in 1953; and Whereas, the Chatham County Commissioners at a later date rescinded such action due to the fact that it was felt that this was not a sufficient recognition of Mills B. Lane; and Whereas, the citizens of Chatham County are deeply grateful to Mills B. Lane, Jr., one of the county's leading citizens and the leader in the drive to improve Armstrong College and to provide a beautiful campus site for said college, and it is felt that the memorial intended in the naming of said street is inadequate for the purposes intended; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby instructed to correct its records so that the aforesaid Street will no longer be known as or designated as Mills B. Lane Avenue, but that the street will henceforth be designated on all records and in every other manner as 52nd Street Extended and by no other name. Be it further resolved that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to the Director of the State Highway Department. Approved April 17, 1963.

Page 3634

COMPENSATION TO DAN W. FORSYTH. No. 97 (House Resolution No. 196-583). A Resolution. Compensating Dan W. Forsyth; and for other purposes. Whereas, Dan W. Forsyth, an employee of the Georgia Forestry Commission, while acting in his capacity as such an employee did on April 12, 1960 incur severe injury to his left hip and abdominal wall by being crushed between two trucks; and Whereas, extensive hospitalization and medical treatment has been required in an attempt to repair these injuries sufficiently for this employee to return to work; and Whereas, such hospitalization and medical services amounted to a total of $4,808.00; and Whereas, The Georgia Forestry Commission, acting as self-insurer under the Georgia Workmen's Compensation Act paid the maximum statutory amount ($1500.00) for such medical attention; and Whereas, a balance of $3308.00 for such medical attention was not compensated for by said payment. Now, therefore, be it resolved by the General Assembly of Georgia, that the Georgia Forestry Commission pay the said Dan W. Forsyth the total amount of $3308.00 out of the funds available to the Georgia Forestry Commission. Approved April 17, 1963.

Page 3635

COMPENSATION TO GABRIEL STRICKLAND. No. 98 (House Resolution No. 218-635). A Resolution. Compensating Mr. Gabriel Strickland; and for other purposes. Whereas, Mr. Gabriel Strickland, while in the employment of the State Highway Department, was seriously injured through no negligence on his part; and Whereas, the total medical bill amounted to one thousand six hundred thirty-six dollars and twenty cents ($1,636.20) of which Mr. Strickland was reimbursed the sum of one thousand five hundred dollars ($1,500) by the State, thereby leaving a deficit to him of one hundred thirty-six dollars and twenty cents ($136.20); and Whereas, Mr. Strickland was unable to work for some months after this injury thereby causing a severe financial loss to him; and Whereas, Mr. Strickland is presently disfigured and an operation to correct this would necessitate an expenditure of funds of approximately one thousand dollars ($1,000); and Whereas, said damage and expenses occurred through no fault whatsoever on the part of Mr. Strickland, and it is only just and proper that he be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of one thousand one hundred thirty-six dollars and twenty cents ($1,136.20) for damages as set out above. Said sum shall be paid in full and final satisfaction of all claims against the State by Mr. Strickland. Said sum shall be paid out of the funds appropriated to and available to said Department. Approved April 17, 1963.

Page 3637

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 BARRETT KINGSBURY HAWKS Law Assistant JAMES LEE PERRY Law Assistant THOMAS M. CLYBURN, JR. Law Assistant MRS. JOLINE B. WILLIAMS Law Assistant HENRY H. COBB Clerk MRS. EVA F. TOWNSEND Deputy Clerk MRS. FLORENCE B. COBB Deputy Clerk GEORGE H. RICHTER, JR. Reporter GUY M. MASSEY Asst. 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 MISS JOAN LARSEN Law Assistant BEN ESTES Law Assistant MISS SARA BRENNAN Law Assistant H. GRADY ALMAND 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 MISS EDNA EARL BENNETT Deputy Clerk GEORGE H. RICHTER, JR. Reporter GUY M. MASSEY Asst. Reporter CHARLES W. BALDWIN Sheriff

Page 3638

SUPERIOR COURT CALENDAR FOR 1963 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 O'NEAL, Solicitor-General, Bainbridge. BakerThird Mondays in January and July. CalhounLast Mondays in May and November. 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, Chief Judge, 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. WILLIAM T. BOYD, Solicitor-General, Atlanta. FultonFirst Mondays in January, March, May, July, September, and November.

Page 3639

ATLANTIC CIRCUIT. HON. HENRY H. DURRENCE, Judge, Claxton. PAUL E. CASWELL, Solicitor-General, Hinesville. 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. C. WESLEY KILLEBREW, Augusta; 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.

Page 3640

BRUNSWICK CIRCUIT. HON. WINEBERT DAN FLEXER, Judge, Brunswick. 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. 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. JERE F. WHITE, Solicitor-General, Cartersville. BartowFirst Mondays in February and August; fourth Mondays in April and October. GordonFirst Mondays in March and September; fourth Mondays in May and November.

Page 3641

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. HONS. 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. CONASAUGA CIRCUIT. HON. J. THOMAS POPE, Judge, Dalton. ROBERT VINING, Solicitor-General, Dalton. MurraySecond Mondays in February and November; fourth Mondays in May and July. WhitfieldSecond Mondays in January, July and September; first Mondays in March, May 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.

Page 3642

DUBLIN CIRCUIT. HON. HAROLD E. WARD, Judge, 402 Roberson St., Dublin. W. W. LARSEN, JR., Solicitor-General, 111 County 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 JOE 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; 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; second and third Mondays in September. PikeThird and fourth Mondays in February and November, fourth Monday in July; first Monday in August. SpaldingFirst and second Mondays in February and October; third and fourth Mondays in June. UpsonThird and fourth Mondays in March and August; first and second Mondays in November.

Page 3643

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; second Mondays in May and November. ChattoogaSecond Mondays in January, April, July and October. DadeThird Mondays in March, June and September; second Monday in December. WalkerThird Mondays in February and August; first Mondays in May and November. MACON CIRCUIT. HONS. OSCAR L. LONG, Macon; W. D. AULTMAN, Byron; HAL BELL, Macon, Judges. JACK J. GAUTIER, 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; third and fourth Mondays in November. MIDDLE CIRCUIT. HON. DARIUS N. BROWN, Judge, Swainsboro. WALTER C. McMILLAN, JR., Solicitor-General, 1st Avenue, Sandersville. CandlerFirst and second Mondays in February and August. EmanuelSecond Mondays in January, April, July and October. JeffersonSecond Mondays in May and November. ToombsFourth Mondays in February, May, August, and November. WashingtonFirst Mondays in March, June, September and December.

Page 3644

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; first Monday in December. StephensSecond Mondays in January, April, July and October. TownsFourth Mondays in March and September. UnionFirst Mondays in April and October. Non-Jury: First Mondays in January and July. NORTHEASTERN CIRCUIT. HON. SIDNEY O. SMITH, JR., Judge, Gainesville. JEFF WAYNE, Solicitor-General, Gainesville. DawsonFirst Mondays in March and August. HallThird Mondays in January and July; first Mondays in May and November. LumpkinThird Mondays in March and September. WhiteSecond Mondays in April and October. NORTHERN CIRCUIT. HON. CAREY SKELTON, Judge, Hartwell. CLETE D. JOHNSON, Solicitor-General, Royston. ElbertFirst Monday in March; second Monday in September. FranklinThird Mondays in January and October; fourth Monday in March; first Monday in August. HartFirst Mondays in February and October; fourth Monday in May. MadisonThird Mondays in February and May; fourth Monday in August; second Monday in December. OglethorpeThird Monday in March; fourth Monday in September.

Page 3645

OCMULGEE CIRCUIT. HON. GEORGE S. CARPENTER, Judge, Milledgeville. GEORGE D. LAWRENCE, Solicitor-General, Eatonton. BalwinSecond 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. J. K. 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; second Mondays in June and December. TelfairFourth Mondays in February and June; third and fourth Mondays in October. WheelerSecond Mondays in February and October; third Monday in June. OGEECHEE CIRCUIT. HON. WALTON USHER, Judge, 3 Preston Drive, Guyton. COHEN ANDERSON, Solicitor-General, Statesboro. BullochFourth Mondays in January, April, July, and October. EffinghamThird Mondays in April and October. JenkinsSecond Mondays in May and November. ScrevenSecond Mondays in January, April and July; third Monday in November.

Page 3646

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; first Monday in October. BarrowThird and fourth Mondays in February and August; first Mondays in May and November. JacksonFirst Mondays in February and August. ROME CIRCUIT. HON. ROBERT L. SCOGGIN, Judge, Rome. CHASTINE PARKER, Solicitor-General, Rome. FloydSecond Mondays in January, March, July, and September; first Mondays in May and November. SOUTHERN CIRCUIT. HON. GEORGE R. LILLY, Judge, Quitman. BOB HUMPHREYS, Solicitor-General, Moultrie. BrooksFirst Mondays in May and November. ColquittFirst Mondays in April and October. EcholsSecond Mondays in March and September. LowndesThird Mondays in May and November. ThomasThird Mondays in January, April, July, and October.

Page 3647

SOUTHWESTERN CIRCUIT. HON. T. O. MARSHALL, Judge, Macon Rd., Americus. STEPHEN PACE, JR., Solicitor-General, 131 W. 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. H. FRANK 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; third Mondays in March, July, and September. RockdaleThird Monday in January; 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.

Page 3648

TIFTON CIRCUIT. HON. J. BOWIE GRAY, Judge, Tifton. W. J. FOREHAND, Solicitor-General, Sylvester. IrwinThird and fourth Mondays in February and November; first Monday in July. TiftFirst Mondays in March and September; first and second Mondays in June and December. TurnerSecond and third Mondays in January and July; 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, Langham Road, 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. WarrenThird Monday in January; 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 Monday in March; first Monday in October. CoffeeSecond and third Mondays in March and October; second Monday in June; first Tuesday after the first Monday in January. PierceSecond Monday in January; first Mondays in May and December; third Monday in August. WareFourth Mondays in January, April, July, and October.

Page 3649

WESTERN CIRCUIT. HON. JAMES BARROW, 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 3651

INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION. Burke County Board of Education 689 Clayton County; civil service system 681 Clayton County; licensing, etc. of businesses 679 Clayton County; ordinances, etc. for policing county 683 Cobb County; civil service system 685 Consolidation and division of counties 667 Continuity of State government 703 Fulton County; recreation, business licenses, landfills and traffic ordinances 691 Fulton County; streets, sidewalks, etc. 693 Hart County Industrial Development Authority 697 Jeff Davis County; tax exemptions 674 Motor vehicles, etc., treated separately for ad valorem tax purposes 663 Oconee County; fire protection system 686 Rockmart Development Authority 676 Scholarships to dental students 695 State Highway Board 665 Telfair County; county officers 705 White County Board of Education 670 CODE SECTIONS. 5-105Amended Commissioner of Agriculture 586 6-805AEnacted Practice and procedure 258 9-103, 9-103.1Amended Attorneys 458 10-501Amended Auditors' fees 620 10-503Enacted Fees of auditors, court reporters 349 13-201.1Amended Banks and Banking 602 13-203.1Amended Banks and Banking 602 13-308Amended Superintendent of Banks 369 13-908, 13-909Amended Banks and Banking 511 13-1002Amended Bank charter amendments 550 13-2024Amended Banks and Banking 512 13-2051Amended Bank stock 549 13-2053Enacted Bank locations 549 15-302Amended Property ceded to United States 555 21-105Amended Coroner's compensation 167 , 348 , 481 24-2501Amended Conasauga Judicial Circuit 182 24-2720Amended Superior court clerks' fees 367 24-2729Amended Costs for preparing transcripts 368 26-1005Amended Punishment for murder 122 26-1604, 26-1605Repealed Children and youth 81 26-2603Amended Punishment for larceny of motor vehicles 295 26-6301Amended Obscene matter 78 26-6303Amended Obscene language 455

Page 3652

27-2302Amended Punishment in capital cases 122 29-4801Amended Bonds of tax collectors and commissioners 253 30-102Amended Divorce 288 32-502Amended State Superintendent of Schools 510 32-904Amended County boards of education 279 32-933Amended Education 617 32-1004Amended County school superintendents 356 Chapter 35-5Repealed Children and youth 81 Chapter 35-6Repealed Children and youth 81 35-227Enacted Milledgeville State Hospital 528 38-2115Enacted Depositions and discovery 287 40-403Amended Budget Act 427 40-406Amended Budget Act 427 40-1404Amended Comptroller General 575 49-604Amended Commitment Milledgeville State Hospital 526 53-102Amended Marriage 485 56-407AEnacted Uninsured motorist coverage 588 56-2702Repealed Group insurance 451 60-512Repealed Transfers of property 524 66-103Amended Wages due deceased employees 434 67-117Amended Cancellation of mortgages 276 68-213Amended Motor vehicle registration 529 68-502Amended Motor carriers 30 68-502Amended Motor carrier defined 365 68-510Amended Motor carrier rates 374 68-514Amended Motor carriers 378 68-525Amended Motor carriers 378 68-618Amended Motor Common Carrier Act 376 Chapter 77-6Repealed Children and youth 81 Chapter 77-7Repealed Children and youth 81 81-207.1Amended Service by publication 384 81-1003Amended Uncontested civil cases 453 84-203Amended Architects 383 Chapter 84-4Amended Barbers 56 84-709Amended Dental Examiners 273 84-713Amended Dental Examiners 273 84-725Amended Dental Examiners 273 84-902, 84-903Amended Medical Examiners 285 84-1110A, 84-1110BEnacted Optometry Act amended 214 84-9904Amended Barbers 56 84-9969, 84-9970Enacted Barbers 56 88-107Amended Contracts of State Board of Health 474 88-306, 88-307Amended Boards of Health 162 92-1403Amended Motor Fuel Tax Law 138 92-2908Amended Motor vehicle license tags 606 92-2910Amended Motor vehicle license tags 606 92-3002Amended Credit for use tax 16 92-3111Amended Credit for use tax 16 92-3119, 92-3120Amended Income tax 610 92-3122Enacted Income tax 628

Page 3653

92-3301 (b) (c)Repealed Income tax 18 92-3702Amended County property valuation programs 419 92-3706Amended County property valuation programs 419 92-4101Amended City of Brunswick 169 92-4101Amended City of Rossville 350 93-206, 93-208Amended Public Service Commissioners 651 95-1503Amended State Highway Board 3 Chapter 99-1Repealed Children and youth 81 Chapter 99-2Repealed Children and youth 81 99-9901, 99-9902Repealed Children and youth 81 Title 109AAmended Uniform Commercial Code 188 Title 114Amended Workmen's Compensation Act 141 COURTS. SUPREME COURT. Briefs of evidence 258 State Bar of Georgia 70 Time of holding Bar Examinations 293 COURT OF APPEALS. Appeals from Workmen's Compensation Board 141 Briefs of evidence 258 SUPERIOR COURTS. Alapaha Circuit; compensation of solicitor-general 627 Assistant solicitors-general, etc. in certain counties (135,000-140,000) 3547 Atlanta Circuit; assistant solicitors-general 179 Atlanta Circuit; chief judge 646 Auditors' fees 620 Banks; terms 437 Brunswick Circuit; judge's secretary 140 Calhoun; terms 139 Charlton; terms 296 Cherokee Circuit; Conasauga Circuit created 182 Clayton Circuit; court reporter 173 Clayton Circuit; office space, personnel, etc. 170 Clerks' fees, etc., Uniform Commercial Code 188 Clerks' recording fees 367 Cobb Circuit; court reporter's compensation 297 Conasauga Circuit; created 182 Costs for preparing transcripts before appeals 368 Court reporters in certain counties (135,000-140,000) 302 Investigators for solicitors'-general in certain counties (250,000 and over) 484 Lookout Mountain Circuit; clerical help for solicitor-general 80 Northern Circuit court reporter 267

Page 3654

Rome Circuit; judge's supplement 168 Solicitors-General compensation in certain counties (135,000-140,000) 299 Solicitors-General; health insurance 277 Southern Circuit; compensation of judge 346 Travel expense of judges 415 CITY COURTS. Assistant solicitors in certain counties (135,000-140,000) 3549 Brunswick; salaries 2694 Clerks for solicitors' offices in certain counties (135,000-140,000) 3551 Hall; salaries of judge and solicitor 3229 Ludowici; judge and solicitor 2220 Miller; judge's salary 2299 Oglethorpe; judge's salary 2697 Reidsville; judge's salary, fines and forfeitures 3216 Richmond; judge's salary 3252 Richmond; solicitor's salary 3254 Savannah; new trials 2319 Waynesboro; court stenographer 2753 CIVIL AND CRIMINAL COURTS. Baldwin; created, referendum 3035 Clayton; created 3616 DeKalb; salaries 3613 Troup; appearance bonds 2401 Troup; salaries of judge and solicitor 2309 CIVIL COURTS. Bibb; judges emeritus 2593 , 2992 Fulton; judges emeritus 3306 Fulton; judges' salary 2577 Fulton; judges' retirement 3015 CRIMINAL COURTS. Fulton; clerk's salary 2177 Fulton; retirement of judges and solicitor 3015 Fulton; salaries, etc. of judges and solicitor 2910 JUVENILE COURTS. Fulton; judges' retirement 3015 Judges salaries in certain counties (500,000 or more) 3190 Procedure to terminate in counties of 50,000 or less 621

Page 3655

COUNTIES AND COUNTY MATTERS. Appling; board of education 3611 Appling; commissioners of roads and revenues 2234 Appling; secretary for judge of superior court 140 Atkinson; compensation of solicitor-general 627 Bacon; board of commissioners of roads and revenues 2665 Banks; terms of superior court 437 Bartow; automobiles, etc. for sheriff, referendum 2086 Bartow; clerical expense of commissioner of roads and revenues, referendum 2078 Bartow; clerical help for ordinary, referendum 2074 Bartow; judge, solicitor-general, etc. of Cherokee Judicial Circuit 182 Bartow; salaries in tax commissioner's office, referendum 2082 Bartow; salaries of sheriff, deputies, etc., referendum 2066 Bartow; salary of deputy clerk of superior court, referendum 2070 Ben Hill; Fitzgerald and Ben Hill County Development Authority 2003 Berrien; compensation of solicitor-general 627 Bleckley; compensation of commissioner of roads and revenues Bleckley; compensation of ordinary 3413 Bleckley; tax commissioner, referendum 2382 Brantley; compensation of commissioners of roads and revenues 3309 Brooks; compensation of clerk of board of commissioners 2585 Brooks; compensation of superior court judge 346 Burke; board of education, proposed amendment to the Constitution 689 Burke; coroner's compensation 3452 Burke; development authority 2369 Calhoun; terms of superior court 139 Camden; secretary for judge of superior court 140 Candler; board of commissioners of roads and revenues, clerk, audits, etc. 3411 Catoosa; board of utilities commissioners 3227 Catoosa; clerical help for sheriff act repealed 2913 Catoosa; clerical help for solicitor-general 80 Charlton; commissioners of roads and revenues 3416 Charlton; employees' compensation 2415 Charlton; terms of superior court 296 Chatham; name of 52nd Street Extended designated 3633 Chattahoochee; tax commissioner's compensation 3442 Chattooga; clerical help for solicitor-general 80 Cherokee; land conveyance 318 Cherokee; salaries 2710 Cherokee; salary of clerk of commissioners of roads and revenues 2380 Clayton; civil service system 2747 Clayton; civil service system, proposed amendment to the Constitution 681 Clayton; commissioners of roads and revenues 2148

Page 3656

Clayton; compensation of ordinary 2158 Clayton; compensation of tax commissioner 2153 Clayton; fire protection districts 3199 Clayton; licensing, etc. of businesses, proposed amendment to the Constitution 679 Clayton; office space, etc. for superior court 170 Clayton; ordinances, proposed amendment to the Constitution 683 Clayton; sheriff and clerk of superior court, salaries 2156 Clayton; superior court court reporter 173 Clayton; water authority members 2967 Clinch; board of commissioners clerk's salary 2350 Clinch; compensation of solicitor-general 627 Cobb; civil service system, proposed amendment to the Constitution 685 Cobb; Cobb County-Marietta Water Authority bonds 3052 Cobb; commissioners of roads and revenues, referendum 2781 Cobb; planning department 3176 Cobb; superior court court reporter 297 Colquitt; compensation of superior court judge 346 Cook; compensation of solicitor-general 627 Coweta; clerical allowance for ordinary 2026 Coweta; sheriff's deputies and jailers 2024 Crawford; clerk of superior court placed on salary 2223 Dade; clerical help for solicitor-general 80 Dawson; compensation of commissioner of roads and revenues and clerk 2445 Dawson; compensation of tax commissioner 2800 Decatur; law books 2860 DeKalb; board of education 3424 DeKalb; business licenses 3324 DeKalb; commission to study administration of justice 2874 DeKalb; commission to study public safety 2876 Dodge; compensation, etc. of deputy sheriffs and deputies of clerk of superior court 3237 Dodge; compensation of clerk of commissioner of roads and revenues 2439 Dodge; tax commissioner's clerical help 3454 Dodge; compensation of clerk of ordinary 3234 Dooly; salary of tax commissioner 3317 Dougherty; funds to school system 2976 Dougherty; joint acquisition of property with City of Albany 2972 Dougherty; use of funds, etc. for education beyond high school level 3303 Douglas; study commission 2390 Echols; compensation of superior court judge 346 Elbert; court reporter's compensation 267 Evans; compensation of clerk of superior court 2914 Evans; compensation of ordinary 3183 Franklin; court reporter's compensation 267 Floyd; clothing allowance for sheriff and deputies 2394

Page 3657

Floyd; deputy sheriffs and jailers 2397 Floyd; supplement of judge of superior court 168 Fulton; assistant solicitors-general 179 Fulton; chief judge of superior court 646 Fulton; election study commission 3056 Fulton; employees' pensions 2462 Fulton; employees' pensions 2230 Fulton; Fulton County-City of Atlanta Study Commission 2869 Fulton; location of fire stations 2579 Fulton; pensions of board of education employees 2377 Fulton; recreation, business licenses, etc., proposed amendment to the Constitution 691 Fulton; retirement of judges and solicitors of certain courts 3015 Fulton; sanitary land fill areas 3024 Fulton; school pension system amended 3257 Fulton; streets, sidewalks, etc., proposed amendment to the Constitution 693 Gilmer; annual audits 2201 Glynn; Brunswick and Glynn County Development Authority 2826 Glynn; coroner's compensation 2699 Glynn; magistrate's court 2969 Glynn; secretary for judge of superior court 140 Gordon; judge, solicitor-general, etc. of Cherokee Judicial Circuit 182 Gordon; land conveyance authorized 339 Gordon; law books 3346 Greene; development authority 3005 Habersham; compensation, duties, etc. of commissioners of roads and revenues 2619 Habersham; compensation of tax commissioner's clerk 3603 Hall; board of commissioners of roads and revenues, referendum 3552 Hall; sanitary sewers 2565 Hall; streets, sidewalks, etc. 2985 Hall; traffic ordinances 2983 Haralson; land conveyance to board of education 409 Hart; court reporter's compensation 267 Hart; development authority, proposed amendment to the Constitution 697 Hart; tax commissioner's compensation 2315 Henry; commissioners of roads and revenues, referendum 2609 Houston; compensation and meetings of commissioners 2169 Irwin; tax commissioner, referendum 2602 Jackson; compensation of commissioners of roads and revenues 3320 Jackson; surplus commodities of U. S. Dept. of Agriculture 3322 Jeff Davis; secretary for judge of superior court 140 Jeff Davis; tax exemptions for new industries, proposed amendment to the Constitution 674 Lanier; compensation of solicitor-general 627 Laurens; City of Dublin and County of Laurens Development Authority 2206 Liberty; compensation of commissioners of roads and revenues 2144

Page 3658

Liberty; ordinary's compensation 2142 Long; compensation of commissioners of roads and revenues 2216 Long; sheriff placed on salary basis 2021 Lowndes; commissioners of roads and revenues 2337 Lowndes; compensation of superior court judge 346 Lowndes; salaries of board of education 2385 Lumpkin; board of education 2229 Lumpkin; salary of tax commissioner 2422 McDuffie; clerical help for clerk of superior court 2236 McIntosh; compensation of ordinary 2842 Madison; court reporter's compensation 267 Morgan; coroner placed on salary 2306 Morgan; development authority 3490 Murray; placed in Conasauga Judicial Circuit 182 Newton; board of commissioners of roads and revenues, referendum 3017 Newton; office of tax commissioner 2707 Newton; sheriff placed on salary basis 2704 Oconee; fire protection system, proposed amendment to the Constitution 686 Oglethorpe; court reporter's compensation 267 Pierce; law books 3060 Pulaski; office of tax commissioner created, referendum 3436 Rabun; clerical help for tax commissioner 2327 Screven; industrial development authority 2322 Stewart; compensation of clerk of commissioner of roads and revenues 2945 Sumter; coroner's compensation 2798 Talbot; board of commissioners of roads and revenues, referendum 2185 Telfair; county officers, proposed amendment to the Constitution 705 Thomas; compensation of superior court judge 346 Tift; development authority 3191 Turner; commissioner of roads and revenues, referendum 2471 Turner; development authority 2960 Walker; clerical help for solicitor-general 80 Walton; tax equalization, referendum 2600 Ware; board of commissioners of roads and revenues, referendum 2237 Warren; clerk of superior court placed on salary 2164 Warren; ordinary placed on salary 2166 Warren; sheriff placed on salary 2160 Wayne; commissioners of roads and revenues 2301 Wayne; compensation of commissioners of roads and revenues 3219 Wayne; Jesup-Wayne County Airport Authority 3358 Wayne; secretary for judge of superior court 140 Wayne; sheriff's compensation 2455 Webster; compensation of sheriff and commissioner of roads and revenues 3513

Page 3659

White; board of education, proposed amendment to the Constitution 670 Whitfield; placed in Conasauga Judicial Circuit 182 Wilkes; compensation of sheriff, ordinary and clerk of superior court, referendum 2803 Wilkes; tax commissioner's compensation, referendum 3447 COUNTIES AND COUNTY MATTERSBY POPULATION. Population Bracket 4,540-4,550 Compensation of tax receivers and collectors, referendum 2928 7,367-7,377 Elections 3308 11,775-12,100 Small Claims Courts created 2933 15,230-15,825 Small Claims Courts created 2896 16,500-16,700 Small Claims Courts created 3395 17,600-17,700 Treasurers' compensation 3285 17,650-17,800 Coroners' compensation 167 18,000-18,100 Act creating Small Claims Courts amended 2588 19,500-19,700 Small Claims Court Act amended 2270 23,500-24,100 Small Claims Courts created 3501 24,000-24,500 Coroners' compensation 348 25,250-28,250 Office of treasurer abolished 3452 33,300-34,056 Small Claims Court Act amended 2227 34,225-34,500 Small Claims Courts Act amended 2715 42,000-43,000 Use of photographic equipment 3440 46,000-47,000 Law libraries 3205 47,500-49,500 Office of tax commissioner created 3064 49,200-49,300 Voter registration 2720 50,000 or less Juvenile Courts 621 100,000 or more Voter registration 75 108,000-112,000 Zoning Board Act repealed 3189 135,000-140,000 Assistant solicitors of city courts 3549 135,000-140,000 Assistant solicitors-general, etc. 3547 135,000-140,000 Clerks for offices of solicitors of city courts 3551 135,000-140,000 Compensation of coroners 481 135,000-140,000 Compensation of solicitors-general 299 135,000-140,000 Compensation, etc. of court reporters 302 135,000-140,000 Salaries 3516 175,000-225,000 Expenses of Boards of Health 162 250,000 or over Investigators for solicitors'-general 484 250,000-500,000 Examinations of electricians 2930 250,000-500,000 Urban redevelopment 2597 500,000 or more Compensation of court bailiffs 2802 500,000 or more Compensation of ordinaries 2468 500,000 or more County treasury as depositories for trust funds 2180 500,000 or more Juvenile Court judges' compensation 3190 500,000 or more Pensions of policemen and firemen 2268 500,000 or more Sheriffs' compensation 2944 500,000 or more Teachers' pensions 2469

Page 3660

MUNICIPAL CORPORATIONSNAMED CITIES. Albany; bonds of marshal and police 2981 Albany; corporate limits 2656 Albany; draining, paving, etc. alley areas 2979 Albany; funds to Dougherty County school system 2976 Albany; high school stadium authority 3286 Albany; joint acquisition of property with Dougherty County 2972 Albany; wards abolished, referendum 3630 Alma; new charter 3555 Athens; charter amended 2560 Athens; quorum of council 2360 Atlanta; annual reports 2457 Atlanta; business licenses 2296 Atlanta; corporate limits 2311 , 2408 , 3388 , 3391 Atlanta; election law study commission 3055 Atlanta; Fulton County-City of Atlanta Study Commission 2869 Atlanta; life insurance for employees 2447 Atlanta; personal property removed from streets 2291 Atlanta; sewers 2460 Atlanta; water mains to City of East Point 2293 Augusta; ranks in police and fire departments 3314 Austell; charter amended 3222 Avera; mayor and councilmen 2904 Bainbridge; retirement system for employees 3409 Boston; clerk and treasurer, referendum 3402 Boston; election of marshal, referendum 3405 Bowdon; charter amended 3207 Brunswick; Brunswick and Glynn County Development Authority 2826 Brunswick; charter amended, referendum 3249 Brunswick; tax rate 169 Calhoun; new charter 3120 Camilla; board of aldermen 2346 Canton; corporate limits 2013 Canton; corporate limits, referendum 2016 Carrollton; payroll development authority 3242 Carrollton; tax rate for school purposes 2925 Cedartown; development authority 2878 Centerville; salaries of mayor and aldermen 2413 Chamblee; sanitary tax 2701 Clermont; elections, voter registration 3232 Cochran; Zoning 2652 College Park; city court 2338 College Park; fiscal year, budget 2340 College Park; salaries of mayor and councilmen 2684 Colquitt; candidates for office of mayor 2449 Columbus; charter amended, referendum 2731 Columbus; employees' pensions 2363 , 2367 Columbus; medical center board of directors 2916 Columbus; title to street 3180

Page 3661

Commerce; charter amended 2575 Cusseta; charter amended 3213 Cuthbert; new charter 3065 Dalton; corporate limits 3384 Decatur; corporate limits 3025 Donalsonville; compensation of mayor and aldermen 2182 Dublin; City of Dublin and County of Laurens Development Authority 2206 Dudley; corporate limits 2442 East Point; corporate limits, referendum 2887 East Point; employees and city attorney 3029 East Point; repairs where drainage of surface water interferred with 3031 East Point; voter registration and elections 3032 East Point; water mains, etc. from City of Atlanta 2293 Enigma; new charter, referendum 2627 Fairburn; councilmen 3027 Fitzgerald; charter amended 2567 Fitzgerald; Fitzgerald and Ben Hill County Development Authority 2003 Flowery Branch; name changed from Town of, elections 3118 Fort Oglethorpe; mayor and aldermen 2721 Fort Oglethorpe; wards 3486 Forest Park; charter amended 3201 Forest Park; corporate limits 2174 Gainesville; easement 76 Hagan; voter registration 3443 Hazlehurst; corporate limits 2811 Hawkinsville; elections 2957 Hoschton; corporate limits 2580 Jeffersonville; corporate limits 2183 Jesup; Jesup-Wayne County Airport Authority 3358 Kingsland; charter amended 2189 LaFayette; eminent domain, parks 2713 Lake City; corporate limits 2172 Leesburg; corporate limits 2349 Lenox; authority to lease described property 2218 Louisville; corporate limits 2358 Lovejoy; new charter, referendum 2723 Lumpkin; clerk and treasurer 3433 Lyons; charter amended 2352 Lyons; corporate limits 2356 McDonough; corporate limits 2615 McDonough; voter registration 2622 McRae; new charter, referendum 2482 Macon; clerk of recorder's court 3419 Macon; corporate limits 3607 Macon; recorder's court 2743 Macon; vacating part of old city cemetery 2996 Madison; compensation of mayor and aldermen 2308

Page 3662

Manchester; charter amended 2779 Marietta; charter amended 2947 Marietta; Cobb County-Marietta Water Authority bonds 3052 Menlo; name changed to City of Menlo 2825 Montezuma; new charter 2274 Moultrie; tax rate, referendum 2203 Mount Zion; development authority 2844 Morrow; charter amended 2416 Newnan; salaries of mayor, etc. 2028 Nicholls; terms of mayor and aldermen 2344 North Atlanta; chartered, referendum 3457 Oconee; new charter 2755 Omaha; new charter 3262 Pinehurst; new charter 2089 Pooler; judge of mayor's court 3311 Riverdale; charter amended, referendum 2815 Riverside; charter amended 2225 Rochelle; salaries of mayor and aldermen 2651 Rockmart; development authority, proposed amendment to the Constitution 676 Rossville; tax rate 350 , 2988 St. Marys; charter amended 2193 Sale City; elections 2823 Savannah; corporate limits 3383 Shellman; ad valorem tax rate 2833 Smyrna; charter amended 2424 Statesboro; charter amended 2808 Swainsboro; corporate limits, referendum 2583 Sylvania; city manager, referendum 2835 Sylvania; new charter 2030 Sylvester; corporate limits 2907 , 3185 Sylvester; salaries of mayor and councilmen 2607 Thomaston; corporate limits 2690 Thomaston; mayor and councilmen 2686 Thomasville; charter amended 3374 Union Point; clerk and treasurer 2330 Valdosta; election of board of education 3605 Valdosta; elections 3001 Vienna; ad valorem tax 2411 Warm Springs; tax rate, referendum 2332 Warner Robins; city manager, referendum 3330 Waycross; corporate limits 2246 West Point; voter registration 2402 Woodstock; sale of water, etc. 2010 MUNICIPAL CORPORATIONSBY POPULATION. Population Bracket 115,000-125,000 Appointment of housing authority commissioners 2923 116,500-119,500 Self insurance 2366

Page 3663

150,000 or more Firemens' pension Act amended 2563 , 3356 150,000 or more Pension Act for employees amended 2889 , 2903 , 3061 150,000 or more Policemens' Pension Act amended 2564 , 2891 , 2893 RESOLUTIONS AUTHORIZING COMPENSATION. Compensation to Claubus E. Adams 3352 Compensation to J. T. Bailey 2871 Compensation to Mrs. Richard L. Bell 2855 Compensation to Bowles Tillinghast, Inc. 3354 Compensation to Ralph R. Callenback, Jr. 3058 Compensation to Luther Callihan 2861 Compensation to Mrs. L. R. Collins 2857 Compensation to Allen J. Faulkner 2868 Compensation to Dan W. Forsyth 3634 Compensation to Emory E. Griffin 2862 Compensation to George Rufus Hanna 2873 Compensation to Mrs. John Howard 2852 Compensation to Tex Jones 2853 Compensation to J. O. Justice 3348 Compensation to Henry C. Kennedy 3341 Compensation to Mrs. Christine P. King 3340 Compensation to Mrs. Mollie B. Lane 2854 Compensation to George W. Lott 2851 Compensation to Marietta Transport Company, Inc. 3350 Compensation to Lewis Moore 3349 Compensation to W. H. Nicholson 2850 Compensation to Robert L. Norquist 3353 Compensation to Mrs. Elizabeth M. North 3347 Compensation to Homer C. Patterson 2870 Compensation to Miss Sarah Lynn Rountree 3345 Compensation to William F. Sanders Post No. 4742 of V.F.W. 2865 Compensation to Edsel Scarboro 3344 Compensation to Homer Smith 2856 Compensation to Gabriel Strickland 3635 Compensation to W. A. Suggs 2858 Compensation to Mrs. H. S. Swint 2872 Compensation to Wainer Construction Company, Inc. 3339 Compensation to W. L. West, Sr. 3343 RESOLUTIONS AUTHORIZING LAND CONVEYANCES. Easements to Colonial Pipeline Company 412 Easement in Hall County 76 Exchange of lands with Georgia Railroad and Banking Company 399 Land conveyance to Cherokee County 318 Land conveyance to Committee of 100, Inc. authorized 306 Land conveyance to Gordon County 339 Land conveyance to Haralson County Board of Education 409 Land conveyance to Oostanoula (or Popes) Church 417 Land conveyance to J. R. Thompson 397

Page 3664

MISCELLANEOUS RESOLUTIONS. Building of cabins at State Parks 311 City of Atlanta Election Law Study Commission 3055 Construction of bridge across Okefenokee Swamp urged 321 Completion of Flint River Complex urged 308 Constitution Revision Commission 402 DeKalb County Commission to Study Administration of Justice 2874 DeKalb County Commission to Study Public Safety 2876 Development of New Echota urged 310 Clarke W. Duncan Highway designated 40 Election Laws Study Committee 492 Elimination of two-price system of cotton cost 312 Forward Georgia Commission 496 Fulton County-City of Atlanta Study Commission 2869 Fulton County Election Study Commission 3056 Funds for restoration of Elijah Clark's grave 330 Governor's Commission for Scientific Research and Development 657 Governor's Commission to Improve Education 394 Troy Hartley relieved as security on bond 2863 Health Department's uncollectible accounts 411 S. A. Hodge, Senior, Bridge designated 319 Alva J. Hopkins, Jr. Bridge designated 494 Law books to Decatur County 2860 Law books to Gordon County 3346 Law books to Pierce County 3060 Name of street in Chatham County designated 3633 Opposing requirement to tag tobacco treated with maleic hydrazide (MH-30) 331 Senate Committee on Economy, Reorganization and Efficiency in State Government 486 State Leased Property Study Committee 407 Suspension of certain income taxes ratified 314 Ryder Cup Golf Matches Week 325 Suspension of income taxes on subsistence allowances ratified 316 Suspension of sales tax on Bibles, etc. ratified 303 Suspension of sales tax on purchases by colleges, etc. ratified 304 Governor M. E. Thompson honored for purchase of Jekyll Island 324 Travel expenses of superior court judges 415 World's Fair in Atlanta Committee 327

Page 3665

INDEX A ADAM, E. CLAUBUS Compensation to Claubus E. Adams 3352 ADMINISTRATORS Investment in real estate loans 479 ADVERTISING False advertising 507 AGRICULTURE Fertilizer Act of 1960 amended 614 Georgia Liming Materials Act of 1963 499 Grading, etc. of citrus fruit 125 Livestock dealers' records 541 Operators of moisture testing equipment 457 Purchases exempt from sales and use tax 132 Resolution opposing tagging of tobacco treated with MH-30- 331 AID TO DEPENDENT CHILDREN Act amended 291 AID TO DISABLED ACT Cost of medical care 579 ALAPAHA JUDICIAL CIRCUIT Compensation of solicitor-general 627 ALBANY, CITY OF Bonds of marshal and police 2981 Corporate limits 2656 Draining, grading and paving of alley areas 2979 Funds to Dougherty County school system 2976 Joint acquisition of property with Dougherty County 2972 Wards abolished, referendum 3630 ALBANY HIGH SCHOOL STADIUM AUTHORITY Created 3286 ALMA, CITY OF New charter 3555

Page 3666

ALTAMAHA SOUND Closed for taking of shrimp and crab 454 AMERICAN HISTORY MONTH Designated 386 ANDREW COLLEGE Charter amended 2146 APARTMENT OWNERSHIP ACT Enacted 561 APPLING COUNTY Board of education 3611 Commissioners of roads and revenues 2234 Secretary for judge of superior court 140 APPROPRIATIONS Department of Labor 583 General Appropriations Act 224 ARCHITECTS, STATE BOARD Applicants credit for military service 383 ATHENS, CITY OF Charter amended 2560 Quorum of council 2360 ATKINSON COUNTY Compensation of solicitor-general 627 ATLANTA, CITY OF Annual reports 2457 Business licenses 2296 Corporate limits 2311 , 2408 , 3388 , 3391 Election Law Study Commission, time of making report 3055 Fulton County-City of Atlanta Study Commission, time for report 2869 Life insurance for employees 2447 Personal property removed from streets 2291 Sewers 2460 Water mains, etc. to City of East Point 2293

Page 3667

ATLANTA JUDICIAL CIRCUIT Assistant solicitors-general 179 Chief judge 646 ATTORNEYS-AT-LAW Qualifications and residency requirements of applicants 458 State Bar of Georgia 70 Time of holding Bar Examinations 293 AUDITORS Fees fixed by trial judge 620 Fees of court reporters 349 AUGUSTA, CITY OF Ranks in police and fire departments 3314 AUGUSTA, MUNICIPAL COURT OF Act creating revised 3522 AUSTELL, CITY OF Charter amended 3222 AVERA, TOWN OF Mayor and councilmen 2904 B BACON COUNTY Board of commissioners of roads and revenues 2665 BAILEY, J. T. Compensation to J. T. Bailey 2871 BAILIFFS, COURT Compensation in certain counties (500,00 or more) 2802 BAINBRIDGE, CITY OF Retirement system for employees 3409 BALDWIN COUNTY, CIVIL AND CRIMINAL COURT OF Created, referendum 3035

Page 3668

BANKS AND BANKING Banks in unincorporated areas 602 Charter amendments 550 Location of banks 549 New banks, requirements 511 Office of superintendent 369 Real estate owned by banks 512 Receipts for certificates 549 BANKS SUPERIOR COURT Terms 437 BAR EXAMINATIONS Qualifications and residency requirements of applicants 458 Time of holding 293 BARBERS, STATE BOARD OF Act amended 56 BARTOW COUNTY Automobiles, etc. for sheriff, referendum 2086 Clerical expense of commissioner of roads and revenues, referendum 2078 Clerical help for ordinary, referendum 2074 Judge, solicitor-general, etc. of Cherokee Judicial Circuit 182 Salaries in tax commissioner's office, referendum 2082 Salary of deputy clerk of superior court, referendum 2070 Salaries of sheriff, deputies, etc., referendum 2066 BATTEY STATE HOSPITAL Easement to Colonial Pipeline Company 412 BEAUTY SALONS, ETC. State Board of Cosmetology, etc. 45 BELL, MRS. RICHARD C. Compensation to Mrs. Richard C. Bell 2855 BEN HILL COUNTY Fitzgerald and Ben Hill County Development Authority 2003 BERRIEN COUNTY Compensation of solicitor-general 627

Page 3669

BIBB COUNTY, CIVIL COURT OF Judges emeritus 2593 , 2992 BIBLES Suspension of sales tax ratified 303 BLECKLEY COUNTY Compensation of commissioner of roads and revenues 2387 Compensation of ordinary 3413 Office of tax commissioner created, referendum 2382 BLIND, FACTORY FOR Observance of holidays by workers 137 BOATS Georgia Motorboat Numbering Act amended 301 Motor Fuel Tax Law 138 BONDS Blanket bonds by political subdivisions 480 Tax collectors and commissioners 253 BOSTON, CITY OF Clerk and treasurer, referendum 3402 Election of marshal, referendum 3405 BOWDON, CITY OF Charter amended 3207 BOWLES TILLINGHAST, INC. Compensation to Bowles Tillinghast, Inc. 3354 BRANTLEY COUNTY Compensation of commissioners of roads and revenues 3309 BROOKS COUNTY Compensation of clerk of board of commissioners 2585 Compensation of superior court judge 347 BRUNSWICK AND GLYNN COUNTY DEVELOPMENT AUTHORITY Enabling Act 2826

Page 3670

BRUNSWICK, CITY COURT OF Salaries 2694 BRUNSWICK, CITY OF Charter amended, referendum 3249 Tax rate 169 BRUNSWICK JUDICIAL CIRCUIT Secretary for judge 140 BUDGET ACT Amended 427 BUDGET BUREAU Teachers' retirement 656 BURIAL PLACES Punishment for desecrating 390 BURKE COUNTY Board of education, proposed amendment to the Constitution 689 Coroner's compensation 3452 BURKE COUNTY DEVELOPMENT AUTHORITY Created 2369 BUS DRIVERS, SCHOOL Chauffeur's license 498 BUSSES, SCHOOL Loading, etc. students and teachers 382 C CALHOUN, CITY OF New charter 3120 CALHOUN SUPERIOR COURT Terms 139

Page 3671

CALLENBACK, RALPH R., JR. Compensation to Ralph R. Callenback, Jr. 3058 CALLIHAN, LUTHER Compensation to Luther Callihan 2861 CAMDEN COUNTY Secretary for judge of superior court 140 CAMILLA, CITY OF Board of aldermen 2346 CANCELLATION OF MORTGAGES Code 67-117 amended 276 CANDLER COUNTY Board of commissioners of roads and revenues, clerk, audits, etc. 3411 CANTON, CITY OF Corporate limits 2013 Corporate limits, referendum 2016 CAPITAL CASES Punishment 122 CARROLLTON, CITY OF Tax rate for school purposes 2925 CARROLLTON PAYROLL DEVELOPMENT AUTHORITY Created 3242 CATOOSA COUNTY Board of utilities commissioners 3227 Clerical help for sheriff Act repealed 2913 Clerical help for solicitor-general 80 CEDARTOWN DEVELOPMENT AUTHORITY Created 2878 CENSUS, FEDERAL Effective dates as to population Acts 608

Page 3672

CENTERVILLE, CITY OF Salaries of mayor and aldermen 2413 CERTIFICATE OF TITLE ACT Amended 32 CHAMBLEE, CITY OF Sanitary tax 2701 CHARITABLE ORGANIZATION Professional Fund Raising Act amended 482 CHARLTON COUNTY Commissioners of roads and revenues 3416 Employees' compensation 2415 Terms of superior court 296 CHARLTON SUPERIOR COURT Terms 296 CHATHAM COUNTY Name of 52nd Street Extended designated 3633 CHATTAHOOCHEE COUNTY Tax commissioner's compensation 3442 CHATTOOGA COUNTY Clerical help for solicitor-general 80 CHAUFFEURS' LICENSES School bus drivers 498 CHEROKEE COUNTY Conveyance of land 318 Salaries 2710 Salary of clerk of commissioner of roads and revenues 2380 CHEROKEE JUDICIAL CIRCUIT Conasauga Circuit created 182 CHILDREN Aid to Dependent Children Act amended 291

Page 3673

CHILDREN AND YOUTH ACT Enacted 81 CITRUS FRUIT Grading, etc. 125 CITY COURTS See also name of City Court . Assistant solicitors in certain counties (135,000-140,000) 3549 Clerks for solicitors' offices in certain counties (135,000-140,000) 3551 CITY COURT OF BRUNSWICK Salaries 2694 CITY COURT OF HALL COUNTY Salaries of judge and solicitor 3229 CITY COURT OF LUDOWICI Judge and solicitor 2220 CITY COURT OF MILLER COUNTY Judge's salary 2299 CITY COURT OF OGLETHORPE Judge's salary 2697 CITY COURT OF REIDSVILLE Judge's salary, fines and forfeitures 3216 CITY COURT OF RICHMOND COUNTY Judge's salary 3252 Solicitor's salary 3254 CITY COURT OF SAVANNAH New trials 2319 CITY COURT OF WAYNESBORO Compensation of court stenographer 2753 CIVIL AND CRIMINAL COURT OF BALDWIN COUNTY Created, referendum 3035

Page 3674

CIVIL AND CRIMINAL COURT OF CLAYTON COUNTY Created 3616 CIVIL AND CRIMINAL COURT OF DEKALB COUNTY Salaries 3613 CIVIL AND CRIMINAL COURT OF TROUP COUNTY Appearance bonds 2401 Salaries of judge and solicitor 2309 CIVIL COURT OF BIBB COUNTY Judges emeritus 2593 , 2992 CIVIL COURT OF FULTON COUNTY Judges emeritus 3306 Judges' retirement 3015 Judges' salaries 2577 CIVIL DEFENSE Continuity of State government, proposed amendment to the Constitution 703 Mergers of local organizations 473 CLAIMS ADVISORY BOARD Created 624 CLARK, ELIJAH Funds for restoration of grave 330 CLAYTON COUNTY Civil service system 2747 Civil service system, proposed amendment to the Constitution 681 Commissioners of roads and revenues 2148 Compensation of ordinary 2158 Fire protection districts 3199 Licensing, etc. of businesses, proposed amendment to the Constitution 679 Compensation of tax commissioner 2153 Office space, etc. for superior court 170 Ordinances for policing county, proposed amendment to the Constitution 683 Sheriff and clerk of superior court, salaries 2156 Superior court court reporter 173

Page 3675

CLAYTON COUNTY, CIVIL AND CRIMINAL COURT OF Created 3616 CLAYTON COUNTY WATER AUTHORITY Members 2967 CLAYTON JUDICIAL CIRCUIT Court reporter 173 Offices space, supplies, personnel, etc. 170 CLERMONT, TOWN OF Elections, voter registration 3232 CLINCH COUNTY Compensation of solicitor-general 627 Salary of clerk of commissioners of roads and revenues 2350 COBB COUNTY Civil service system, proposed amendment to the Constitution 685 Commissioners of roads and revenues, referendum 2781 Planning department 3176 Superior court court reporter 297 COBB COUNTY-MARIETTA WATER AUTHORITY Bonds 3052 COBB JUDICIAL CIRCUIT Court reporter's compensation 297 COCHRAN, CITY OF Zoning 2652 COLLEGE PARK, CITY OF City court 2338 Fiscal year, budget 2340 Salaries of mayor and councilmen 2684 COLLEGES Sales tax exemption 613 Suspension of sales tax ratified 304

Page 3676

COLLINS, MRS. L. R. Compensation to Mrs. L. R. Collins 2857 COLONIAL PIPELINE COMPANY Easements authorized 412 COLQUITT, CITY OF Candidates for office of mayor 2449 COLQUITT COUNTY Compensation of superior court judge 347 COLUMBUS, CITY OF Charter amended, referendum 2731 Employees' pensions 2363 , 2367 Medical Center Board of Commissioners 2916 Title to street 3180 COMMERCE, CITY OF Charter amended 2575 COMMERCIAL CODE, UNIFORM Amended 188 COMMISSIONER OF AGRICULTURE See also Agriculture . Compensation 586 COMMISSIONER OF REVENUE See also Revenue . Deputy commissioners 133 COMMITTEE OF 100, INC. Land conveyance authorized 306 COMPENSATION RESOLUTIONS Claims Advisory Board 624 COMPTROLLER GENERAL Compensation 575 Fire marshal 509

Page 3677

CONASAUGA JUDICIAL CIRCUIT Created 182 CONSOLIDATION, ETC. OF COUNTIES Procedure, proposed amendment to the Constitution 667 CONSOLIDATION OF STATE AGENCIES AND SERVICES Governor's authority 29 CONSTITUTION REVISION COMMISSION Created 402 CONSTRUCTION CONTRACTS Use of Georgia forest products 552 CONTINUITY OF STATE GOVERNMENT Proposed amendment to the Constitution 703 CONTRACTS Hospital authorities 300 COOK COUNTY Compensation of solicitor-general 627 CORONERS Compensation in certain counties (17,650-17,800) 167 Compensation in certain counties (24,000-24,500) 348 Compensation in certain counties (135,000-140,000) 481 CORPORATE STOCK Receipts for bank stock 549 CORPORATIONS Mergers 524 COSMETOLOGY, STATE BOARD OF Created 45 COTTON Congress memorialized to eliminate two-price system of cotton cost 312

Page 3678

COUNTIES 1I2See also named counties and Tabular Index Counties and County Mattersby Population. Aid for property valuation programs, etc. 419 Aid where services merged 354 Authority to borrow money 450 Blanket bonds 480 Consolidation and division, proposed amendment to the Constitution 667 Grants where 20,000 acres tax exempt 166 Merger of civil defense organizations 473 Wages due deceased employees 434 COUNTY ATTORNEYS Compensation in certain counties (135,000-140,000) 3516 COUNTY BOARDS OF EDUCATION Compensation, etc. of members 279 COUNTY BOARDS OF HEALTH Expenses in certain counties (175,000-225,000) 162 COUNTY REGISTRARS Civil service status 530 COUNTY TREASURERS Compensation in certain counties (17,600-17,700) 3285 Office abolished in certain counties (25,250-28,250) 3452 Salaries in certain counties (135,000-140,000) 3516 Depositories for trust funds in certain counties (500,000 or more) 2180 COURT BAILIFFS Compensation in certain counties (500,000 or more) 2802 COURT OF APPEALS Appeals from Workmen's Compensation Board 141 Briefs of evidence 258 COURT REPORTERS Compensation, etc. in certain counties (135,000-140,000) 302 Fees in cases referred to auditors 349

Page 3679

COWETA COUNTY Clerical allowance for ordinary 2026 Sheriff's deputies and jailers 2024 CRAWFORD COUNTY Clerk of superior court placed on salary 2223 CRIMES Elections 649 Illegal night hunting 215 Sale, etc. of obscene matter 78 Sale of used motor vehicle parts 436 Taking of certain birds 476 Use of abusive or obscene language 455 CRIMINAL COURT OF FULTON COUNTY Clerk's salary 2177 Judges' and solicitor's retirement 3015 Salaries and pensions of judges and solicitor 2910 CRIMINAL PROCEDURE Punishment for desecrating burial place of human body 390 Punishment for larceny of motor vehicles 295 Punishment in murder and other capital cases 122 CURRENT INCOME TAX PAYMENT ACT OF 1960 Amended, corporations 18 CUSSETA, TOWN OF Charter amended 3213 CUTHBERT, CITY OF New charter 3065 D DADE COUNTY Clerical help for solicitor-general 80 DALTON, CITY OF Corporate limits 3384

Page 3680

DAWSON COUNTY Compensation of commissioner of roads and revenues and clerk 2445 Compensation of tax commissioner 2800 DAY CARE CENTERS Standards, etc. 259 DECATUR, CITY OF Corporate limits 3025 DECATUR COUNTY Law books 2860 DECEASED EMPLOYEES Wages due 434 DEKALB COUNTY Board of education 3424 Business Incenses 3324 DEKALB COUNTY, CIVIL AND CRIMINAL COURT OF Salaries 3613 DEKALB COUNTY COMMISSION TO STUDY ADMINISTRATION OF JUSTICE Created 2874 DEKALB COUNTY COMMISSION TO STUDY PUBLIC SAFETY Created 2876 DENTAL EXAMINERS Act amended 273 DENTAL HYGIENISTS Examination and registration 438 DENTAL STUDENTS Scholarships, proposed amendment to the Constitution 695

Page 3681

DEPARTMENT OF FAMILY AND CHILDREN SERVICES Children and Youth Act 81 County boards, etc. 222 Names, etc. 218 DEPARTMENT OF HEALTH See Health . DEPARTMENT OF LABOR Appropriation of funds 583 DEPARTMENT OF PARKS Construction of cabins at State parks 311 Leases 630 Salary of Director 477 DEPARTMENT OF PUBLIC SAFETY Driver Responsibility Law amended 593 Enforcement of laws within municipalities 461 Firearm dealers 652 Motor vehicle inspection 333 DEPARTMENT OF PUBLIC WELFARE Acts administered amended 581 Aid to disabled 579 Costs of medical care programs 576 County Boards of Family Service 222 Names of departments, etc. 218 Observance of holidays by workers at factory for blind 137 Retention of benefits in certain cases by qualified individuals 616 DEPENDENT CHILDREN Act providing for aid amended 291 DEPOSITIONS Service, etc. 287 DESECRATING BURIAL PLACES Punishment 390 DEVELOPMENT AUTHORITIES Industrial Development Authorities Laws 531

Page 3682

DISCOVERY Service, etc. 287 DIVORCE Incurable insanity as ground 288 DOBOY SOUND Closed for taking of shrimp and crab, exceptions 454 DODGE COUNTY Compensation, etc. of deputy sheriffs and deputies of clerk of superior court 3237 Compensation of clerk of commissioner of roads and revenues 2439 Compensation of clerk of ordinary 3234 Tax commissioner's clerical help 3454 DONALSONVILLE, CITY OF Compensation of mayor and alderman 2182 DOOLY COUNTY Salary of tax commissioner 3317 DOUGHERTY COUNTY Funds to school system 2976 Joint acquisition of property with City of Albany 2972 Use of funds, etc. for education beyond high school level 3303 DOUGLAS COUNTY Study commission 2390 DRIVER RESPONSIBILITY LAW Amended 593 DUBLIN, CITY OF City of Dublin and County of Laurens Development Authority 2206 DUDLEY, CITY OF Corporate limits 2442 DUNCAN, CLARKE W. Clarke W. Duncan Highway designated 40

Page 3683

E EAST POINT, CITY OF Corporate limits, referendum 2887 Employees and city attorney 3029 Repairs where drainage of surface water interferred with 3031 Voter registration and elections 3032 Water mains, etc. from City of Atlanta 2293 ECHOLS COUNTY Compensation of superior court judge 347 EDUCATION See also name of municipality or county and Tabular IndexCounties and County MattersBy Population . Authority of county boards to borrow money 450 Blanket bonds by local boards of education 480 Compensation of county boards 279 County school superintendents, qualifications 356 Employees of area boards of education 641 Excused absences from school for pages serving General Assembly 254 Facilities for education beyond twelfth grade 617 Financial ability of local units 429 Governor's Commission to Improve Education 394 Grants for Education Act amended 514 State Superintendent of Schools, qualifications 510 Teachers pensions in certain counties (500,000 or more) 2469 Television stations owned, etc. by State board 431 EFFICIENCY IN GOVERNMENT Governor's Commission created 176 ELBERT COUNTY Superior Court court reporter's compensation 267 ELECTION LAW STUDY COMMITTEE Created 492 ELECTIONS Managers 649 Poll workers to wear badges 506 Procedure in certain counties (7,367-7,377) 3308 Qualifying fees for special elections 172 Registration in certain counties (100,000 or more) 75 Residency in area annexed to municipalities 426 Voter registration, etc. 73 Voter registration in certain counties (49,200-49,300) 2720

Page 3684

ELECTRICIANS Examinations in certain counties (250,000-500,000) 2930 EMINENT DOMAIN Order of necessity under 1961 Act 124 EMPLOYEES Wages due deceased employees 434 EMPLOYEES' RETIREMENT SYSTEM Act amended 547 County Tax Commissioners, etc. 41 Investment agents 546 Involuntary separation 42 Life insurance 520 ENGINEERS AND SURVEYORS Per diem of State Board members 425 ENIGMA, TOWN OF New charter, referendum 2627 EVANS COUNTY Compensation of clerk of superior court 2914 Compensation of ordinary 3183 EVIDENCE Briefs of evidence in appellate courts 258 Workmen's Compensation Act amended 141 EXAMINING BOARDS Architects 383 Dental hygienists, examination and registration 438 Dentist 273 Engineers and surveyors, per diem of members 425 Medical Examiners 285 Optometry Act amended 214 State Board of Barbers 56 State Board of Cosmetology 45 EXECUTORS Investments in real estate loans 479

Page 3685

EX-OFFICIO OFFICERS Compensation of State ex-officio officers 586 F FACTORY FOR THE BLIND Observance of holidays by workers 137 FAIRBURN, CITY OF Six councilmen from city at large 3027 FALSE ADVERTISING 1958 Act amended 507 FAMILY AND CHILDREN SERVICES, DEPARTMENT OF Children and Youth Act 81 FAMILY SERVICE AGENCIES County boards, etc. 222 Names, etc. 218 FAULKNER, ALLEN J. Compensation to Allen J. Faulkner 2868 FERTILIZER ACT OF 1960 Amended 614 FIDUCIARIES Investments in real estate loans 479 FIRE MARSHAL Authority of deputies, etc. 509 FIREARMS Licensing of dealers, etc. 652 FIREMEN'S PENSION ACTS Amended as to certain cities (150,000 or more) 2563 , 3356 FIREMEN'S PENSION FUND Investments, etc. 266

Page 3686

FITZGERALD, CITY OF Charter amended 2567 Fitzgerald and Ben Hill County Development Authority 2003 FLINT RIVER COMPLEX Completion urged 308 FLOWERY BRANCH, CITY OF Name changed from Town of, elections 3118 FLOYD COUNTY Clothing allowance for sheriff and deputies 2394 Deputy sheriffs and jailers 2397 Supplement of judge of superior court 168 FORESTRY COMMISSION Improvement of real estate 615 FORESTRY DEPARTMENT Grants to counties where 20,000 acres tax exempt 166 FOREST PARK, CITY OF Charter amended 3201 Corporate limits 2174 FORSYTH, DAN W. Compensation to Dan W. Forsyth 3634 FORT OGLETHORPE, TOWN OF Mayor and aldermen 2721 Wards 3486 FORT YARGO STATE PARK Easement to Colonial Pipeline Company 412 FORWARD GEORGIA COMMISSION Created 496 FRANKLIN COUNTY Superior Court court reporter's compensation 267

Page 3687

FULTON COUNTY Assistant solicitor's general 179 Chief judge of superior court 646 Election Study Commission 3056 Employees' pensions 2230 , 2462 Location of fire stations 2579 Recreation, business licenses, etc., proposed amendment to the Constitution 691 Sanitary land fill areas 3024 School pension system Act amended 2377 , 3257 Streets, sidewalks, etc., proposed amendment to the Constitution 693 FULTON COUNTY-CITY OF ATLANTA STUDY COMMISSION Time for making report 2869 FULTON COUNTY, CIVIL COURT OF Judges emeritus 3306 Judges' retirement 3015 Judges' salaries 2577 FULTON COUNTY, CRIMINAL COURT OF Clerk's salary 2177 Judges' and solicitor's retirement 3015 Salaries and pensions of judges and solicitor 2910 FULTON COUNTY, JUVENILE COURT OF Judge's retirement 3015 FUND RAISING Professional Fund Raising Act amended 482 G GAINESVILLE, CITY OF Easement from State 76 GAME AND FISH Doboy and Altamaha Sounds 454 Illegal night hunting 215 Taking of certain birds prohibited 476 GENERAL APPROPRIATIONS ACT Enacted 224

Page 3688

GENERAL ASSEMBLY Excused absences from school for pages 254 Seals 17 GEORGIA CIVIL DEFENSE ACT Mergers of local organizations 473 GEORGIA FERTILIZER ACT OF 1960 Amended 614 GEORGIA FIREMEN'S PENSION FUND Investments, etc. 266 GEORGIA FOREST PRODUCTS Construction contracts 552 GEORGIA FORESTRY COMMISSION Improvement of real estate 615 Payments to certain counties 166 GEORGIA INDUSTRIAL LOAN ACT Amended 370 GEORGIA INSURANCE CODE OF 1960 Group insurance 451 GEORGIA LIMING MATERIALS ACT OF 1963 Enacted 499 GEORGIA MILITARY FORCES REORGANIZATION ACT Amended 10 GEORGIA MOTORBOAT NUMBERING ACT Amended, agreements with other states 301 GEORGIA PORTS AUTHORITY Projects, etc. defined, bonds 342 GEORGIA RAILROAD AND BANKING COMPANY Exchange of land authorized 399

Page 3689

GEORGIA REAL ESTATE INVESTMENT BOARD Created 34 GEORGIA RECREATION COMMISSION Created 445 GEORGIA RURAL ROADS AUTHORITY Members 281 GEORGIA SECURITIES ACT Amended 557 GILMER COUNTY Annual audits 2201 GLYNN COUNTY Brunswick and Glynn County Development Authority 2826 Coroner's compensation 2699 Magistrates' court 2969 Secretary for judge of superior court 140 GORDON COUNTY Judge, solicitor-general, etc. of Cherokee Judicial Circuit 182 Land conveyance 339 Law books 3346 GOVERNOR Consolidation of agencies and services 29 Delegation of authority to State Budget Officer 427 Enforcement of traffic laws within municipalities 461 GOVERNOR'S COMMISSION FOR EFFICIENCY AND IMPROVEMENT IN GOVERNMENT Created 176 GOVERNOR'S COMMISSION FOR SCIENTIFIC RESEARCH AND DEVELOPMENT Created 657 GOVERNOR'S COMMISSION TO IMPROVE EDUCATION Created 394

Page 3690

GOVERNOR'S STAFF Georgia Military Forces Reorganization Act amended 10 GRANTS FOR EDUCATION 1961 Act amended 514 GRANTS TO COUNTIES Where over 20,000 acres tax exempt 166 GREENE COUNTY DEVELOPMENT AUTHORITY Created 3005 GRIFFIN, EMORY E. Compensation to Emory E. Griffin 2862 GROUP INSURANCE Amount 451 GUARDIANS Investments in real estate loans 479 H HABERSHAM COUNTY Compensation, duties, etc. of commissioners of roads and revenues 2619 Compensation of tax commissioner's clerk 3603 HAGAN, CITY OF Voter registration 3443 HALL COUNTY Board of commissioners of roads and revenues, referendum 3552 Sanitary sewers 2565 Street, sidewalks, etc. 2985 Traffic ordinances 2983 HALL COUNTY, CITY COURT OF Salaries of judge and solicitor 3229 HANNA, GEORGE RUFUS Compensation to George Rufus Hanna 2873

Page 3691

HARALSON COUNTY Land conveyance to board of education 409 HART COUNTY Superior Court court reporter's compensation 267 Tax commissioner's compensation 2315 HART COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 697 HARTLEY, TROY Relieved as security on bond 2863 HAWKINSVILLE, CITY OF Elections 2957 HAZLEHURST, CITY OF Corporate limits 2811 HEALTH, COUNTY BOARDS Expenses in certain counties (175,000-225,000) 162 HEALTH, DEPARTMENT OF PUBLIC Contracts 474 Day care centers 259 Uncollectible accounts 411 HENRY COUNTY Election, etc. of commissioners of roads and revenues, referendum 2609 HIGHWAY AUTHORITY Members 284 HIGHWAYS Eminent domain 124 Expenditure of funds by State Highway Board 423 Funds to municipalities to construct and maintain streets 441 Members State Highway Board 282 Speed restrictions 26 State Aid roads and highways defined 280 State Highway Board Reorganization Act 3

Page 3692

HISTORICAL COMMISSION Urged to develop New Echota 310 HISTORY American History Month designated 386 HODGE, S. A., SENIOR S. A. Hodge, Senior, Bridge designated 318 HOPKINS, ALVA J., JR. Alva J. Hopkins, Jr., Bridge designated 494 HOSCHTON, CITY OF Corporate limits 2580 HOSPITAL AUTHORITY ACT Amended, contracts 300 HOUSE OF REPRESENTATIVES Seal 17 HOUSING AUTHORITIES Appointment of commissioners in certain cities (115,000-125,000) 2923 HOUSTON COUNTY Compensation and meetings of board of commissioners 2169 HOWARD, MRS. JOHN Compensation to Mrs. John Howard 2852 HUSBAND AND WIFE Transfers of real property 524 I IMPROVEMENT IN GOVERNMENT Governor's Commission created 176

Page 3693

INCOME TAX Corporate stock 610 Current payments by corporations 18 Distributions under certain trusts 628 Suspension of certain income taxes ratified 314 Suspension of tax on subsistence allowances ratified 316 INDUSTRIAL DEVELOPMENT AUTHORITIES LAW Enacted 531 INDUSTRIAL LOAN ACT Amended 370 INDUSTRIAL LOAN BUSINESS Study Commission created 608 INSPECTION OF MOTOR VEHICLES Act requiring 333 INSURANCE Certain municipalities permitted to become self insures (116,500-119,500) 2366 Settlement of claims by liability insurers 643 Uninsured motorist coverage 588 INSURANCE CODE OF 1960 Group insurance 451 INVESTMENT AGENTS Employees' Retirement System 546 Firemen's Pension Fund 266 Ordinaries' Retirement Fund 265 Peace Officers' Annuity and Benefit Fund 262 Superior Court Clerks' Retirement Fund 263 Teachers' Retirement Act 433 IRWIN COUNTY Tax Commissioner, referendum 2602 J JACKSON COUNTY Compensation of commissioners of roads and revenues 3320 Surplus commodities of U. S. Dept. of Agriculture 3322

Page 3694

JEFF DAVIS COUNTY Secretary for judge of superior court 140 Tax exemptions for new industries, proposed amendment to the Constitution 674 JEFFERSONVILLE, CITY OF Corporate limits 2183 JEKYLL ISLANDSTATE PARK AUTHORITY Amended, name, etc. 391 Plaque to honor Governor M. E. Thompson 324 JESUP-WAYNE COUNTY AIRPORT AUTHORITY Created 3358 JONES, TEX Compensation to Tex Jones 2853 JURISDICTION OVER PROPERTY CEDED TO UNITED STATES Civil and criminal cases 555 JUSTICE, J. O. Compensation to J. O. Justice 3348 JUVENILE COURT OF FULTON COUNTY Judge's retirement 3015 JUVENILE COURTS Judges' salaries in certain counties (500,000 or more) 3190 Procedure to terminate in certain counties (50,000 or less) 621 K KENNEDY, HENRY C. Compensation to Henry C. Kennedy 3341 KING, MRS. CHRISTINE P. Compensation to Mrs. Christine P. King 3340 KINGSLAND, CITY OF Charter amended 2189

Page 3695

L LABOR, DEPARTMENT OF Appropriation of funds 583 LAFAYETTE, CITY OF Eminent domain, parks 2713 LAKE CITY, CITY OF Corporate limits 2172 LANE, MRS, MOLLIE B. Compensation to Mrs. Mollie B. Lane 2854 LANIER COUNTY Compensation of solicitor-general 627 LAURENS COUNTY City of Dublin and County of Laurens Development Authority 2206 LAW LIBRARIES Created in certain counties (46,000-47,000) 3205 LEESBURG, CITY OF Corporate limits 2349 LENOX, TOWN OF Authority to lease described property 2218 LIABILITY INSURERS Settlements 643 LIBERTY COUNTY Compensation of commissioners of roads and revenues 2144 Ordinary's compensation 2142 LIMING MATERIALS ACT OF 1963 Enacted 499 LIMITED ACCESS HIGHWAYS Defined, etc. 254

Page 3696

LIQUOR LAWS Authority of agents enforcing liquor laws 135 LIVESTOCK DEALERS Records 541 LONG COUNTY Compensation of commissioners of roads and revenues 2216 Sheriff placed on salary basis 2021 LOOKOUT MOUNTAIN JUDICIAL CIRCUIT Clerical help for solicitor-general 80 LOTT, GEORGE W. Compensation to George W. Lott 2851 LOUISVILLE, CITY OF Corporate limits 2358 LOVEJOY, CITY OF New charter, referendum 2723 LOWNDES COUNTY Commissioners of roads and revenues 2337 Compensation of superior court judge 347 LOWNDES COUNTY BOARD OF EDUCATION Salaries 2335 LUDOWICI, CITY COURT OF Judge and solicitor 2220 LUMPKIN, CITY OF Clerk and treasurer 3433 LUMPKIN COUNTY Board of education 2229 Salary of tax commissioner 2422 LYONS, CITY OF Charter amended 2352 Corporate limits 2356

Page 3697

Mc McDONOUGH, CITY OF Corporate limits 2615 Voter registration 2622 McDUFFIE COUNTY Clerical help for clerk of superior court 2236 McINTOSH COUNTY Compensation of ordinary 2842 McRAE, CITY OF New charter, referendum 2482 M MACON, CITY OF Clerk of recorder's court 3419 Corporate limits 3607 Recorder's court 2743 Vacating, etc. of part of old city cemetery 2996 MADISON, CITY OF Compensation of mayor and aldermen 2308 MADISON COUNTY Superior Court court reporter's compensation 267 MANCHESTER, CITY OF Charter amended 2779 MARIETTA, CITY OF Charter amended 2947 Cobb County-Marietta Water Authority bonds 3052 MARIETTA TRANSPORT COMPANY INC. Compensation to Marietta Transport Company Inc. 3350 MARRIAGE AND DIVORCE Incurable insanity as ground of divorce 288 Persons able to contract marriage 485

Page 3698

MEDICAL CARE PROGRAMS Cost 576 MEDICAL EXAMINERS Code 84-902, 84-903 amended 285 MEMORIALS TO CONGRESS Elimination of two-price system of cotton cost 312 Flint River Complex 308 MENLO, CITY OF Name changed from Town of Menlo 2825 MENTALLY ILL PERSONS Hospitalization 527 , 528 Persons subject to commitment to Milledgeville State Hospital 526 MERGER OF STATE AGENCIES AND SERVICES Governor's authority 29 MIDDLE GEORGIA COLISEUM AUTHORITY Created 2250 MILITARY FORCES REORGANIZATION ACT Amended 10 MILLEDGEVILLE STATE HOSPITAL Persons subject to being committed 526 Persons to be received 527 , 528 MILLER COUNTY, CITY COURT OF Judge's salary 2299 MINIMUM FOUNDATION PROGRAM OF EDUCATION Financial ability of local units 429 MINIMUM STANDARDS FOR NEW MUNICIPALITIES Provided 251

Page 3699

MOISTURE TESTING EQUIPMENT Permits for operators 457 MONTEZUMA, CITY OF New charter 2274 MOORE, LEWIS Compensation to Lewis Moore 3349 MORGAN COUNTY Coroner placed on salary 2306 MORGAN COUNTY DEVELOPMENT AUTHORITY Created 3490 MORROW, CITY OF Charter amended 2416 MORTGAGES Cancellation 276 MOTOR CARRIER ACT Agents for services, etc. 378 Motor carrier defined 365 Rates 374 MOTOR COMMON CARRIER ACT Agents for service, etc. 376 MOTOR CONTRACT CARRIERS Exempt vehicles 30 MOTOR FUEL TAX LAW Watercraft 138 MOTOR VEHICLE REGISTRATION Dealers and manufacturers 529 MOTOR VEHICLES Ad valorem taxes, proposed amendment to the Constitution 663 Certificate of Title Act amended 32

Page 3700

Driver Responsibility Law amended 593 Enforcement of laws within municipalities 461 Inspection law 333 License tags 606 Loading, etc. of school buses 382 Punishment for larceny 295 Sale of used parts 436 Seat belts 366 Speed restrictions 26 MOULTRIE, CITY OF Tax rate, referendum 2203 MOUNT ZION, TURKEY CREEK AND FLINT CORNER DEVELOPMENT AUTHORITY Created 2844 MUNICIPAL COURT OF AUGUST Act creating revised 3522 MUNICIPAL COURT OF SAVANNAH Civil jurisdiction 2317 MUNICIPALITIES See also name of municipality and Tabular Index Municipal CorporationsBy Population., Aid where services merged 354 Authority to borrow money 450 Blanket bonds 480 Compensation of law enforcement officers 479 Enforcement of traffic laws 461 Funds to construct and maintain streets 441 Merger of civil defense organizations 473 Minimum standards for new municipalities 251 Residency in areas annexed 426 Wages due deceased employees 434 MURDER Punishment 122 MURRAY COUNTY Placed in Conasauga Judicial Circuit 182 N NEW ECHOTA Development urged 310

Page 3701

NEWNAN, CITY OF Salaries of mayor, etc. 2028 NEWTON COUNTY Board of commissioners of roads and revenues, referendum 3017 Office of tax commissioner created 2707 Sheriff placed on salary basis 2704 NICHOLLS, CITY OF Terms of mayor and aldermen 2344 NICHOLSON, W. H. Compensation to W. H. Nicholson 2850 NORQUIST, ROBERT L. Compensation to Robert L. Norquist 3353 NORTH ATLANTA, CITY OF Chartered, referendum 3457 NORTH, MRS. ELIZABETH M. Compensation to Mrs. Elizabeth M. North 3347 NORTH GEORGIA MOUNTAIN COMMISSION Created 357 NORTHERN JUDICIAL CIRCUIT Court reporter's compensation 267 O OBSCENE MATTER Sale, etc. a crime 78 OCONEE, CITY OF New charter 2755 OCONEE COUNTY Fire protection system, proposed amendment to the Constitution 686

Page 3702

OFFICE BUILDING AUTHORITY Bonds 422 OKEFENOKEE SWAMP Construction of bridge urged 321 OGLETHORPE, CITY COURT OF Judge's salary 2697 OGLETHORPE COUNTY Superior Court court reporter's compensation 267 OMAHA, CITY OF New charter 3262 OOSTANOULA CHURCH Land conveyance authorized 417 OPTOMETRY ACT Rules, etc. 214 ORDINARIES See also named counties . Compensation in certain counties (500,000 or more) 2468 Salaries of ordinaries and employees in certain counties (135,000-140,000) 3516 Use of photographic equipment in certain counties (42,000-43,000) 3440 ORDINARIES' RETIREMENT FUND Investments, etc. 265 P PAGES Excused absences from school when serving General Assembly 254 PARKS, DEPARTMENT OF Construction of cabins 311 Leases of State parks 630 Salary of Director 477

Page 3703

PATTERSON, HOMER C. Compensation to Homer C. Patterson 2870 PEACE OFFICERS Compensation by municipalities 479 PEACE OFFICERS' ANNUITY AND BENEFIT FUND Disability benefits, etc. 386 Investments, etc. 262 PIERCE COUNTY Law books 3060 PINEHURST, CITY OF New charter 2088 POLITICAL SUBDIVISIONS Aid where services merged 354 Authority to borrow money 450 Blanket bonds 480 Construction contracts 552 Wages due deceased employees 434 POLL WORKERS Badges 506 Crimes 649 POOLER, TOWN OF Judge of mayor's court 3311 POPES CHURCH Land conveyance authorized 417 POPULATION ACTS Effective date of Federal Census 608 PORTS AUTHORITY Projects, etc. defined, bonds 342 PRACTICE AND PROCEDURE Auditors' fees 620 Costs for preparing transcripts for appeals 368

Page 3704

Depositions and discovery 287 Divorce, incurable insanity 288 Fees of auditors' court reporters 349 Review in appellate courts 258 Service by publication 384 Superior court clerks' fees 367 Uncontested civil cases 453 Uniform Commercial Code amended 188 Workmen's Compensation Act amended 141 PROFESSIONAL FUND RAISING 1962 Act amended 482 PROPERTY VALUATION PROGRAMS Aid to counties, etc. 419 PSYCHIATRIC HOSPITALS Persons to be received by State operated hospitals 527 , 528 PUBLIC ASSISTANCE PROGRAMS Cost of medical care program 576 PUBLIC SAFETY, DEPARTMENT OF See Department of Public Safety . PUBLIC SALES Hours 366 PUBLIC SERVICE COMMISSION Motor carrier defined 365 Motor carrier rates 374 Motor carriers, agents for service, etc. 378 Motor common carriers, agents for service, etc. 376 Motor contract carriers 30 Salaries of commissioners 651 PUBLIC WELFARE, DEPARTMENT OF Acts administered amended 581 Aid to disabled 579 Medical care programs 576 Retention of benefits in certain cases by qualified individuals 616 PUBLICATION, SERVICE BY Procedure, etc. 384

Page 3705

PULASKI COUNTY Office of tax commissioner created, referendum 3436 PURCHASES, SUPERVISOR OF Salary 477 Q QUALIFYING FEES Special elections 172 R RABUN COUNTY Clerical help for tax commissioner 2327 REAL ESTATE INVESTMENT BOARD Created 34 REAL PROPERTY Apartment Ownership Act 561 Transfers between husband and wife 524 RECIPROCAL AGREEMENTS Motorboat numbering Act amended 301 RECORDING FEES Clerks' fees 367 RECORDS FOR APPEALS Costs in advance 368 RECREATION Georgia Recreation Commission created 445 RECREATIONAL SYSTEMS Referendums 553 REGENTS OF UNIVERSITY SYSTEM Contracts with local boards of education 617

Page 3706

REGISTRATION OF VOTERS Procedure, etc. 73 Procedure in certain counties (49,200-49,300) 2720 Procedure in certain counties (100,000 or more) 75 REIDSVILLE, CITY COURT OF Judge's salary, fines and forfeitures 3216 RETAILERS' AND CONSUMERS SALES AND USE TAX Exempt sales 13 , 132 Suspension of sales tax on purchases of certain colleges, etc. 304 Suspension of tax on Bibles, etc. ratified 303 Sales to universities 613 RETIREMENT See also name of system, and Tabular Index MunicipalitiesBy Population . Pension Act for employees of certain cities amended (150,000 or more) 2889 , 2903 , 3061 Pension Act for firemen of certain cities amended (150,000 or more) 2563 , 3356 Pension Act for policemen of certain cities amended (150,000 or more) 2564 , 2891 , 2893 Pensions of policemen and firemen of certain counties (500,000 or more) 2268 Real Estate Investment Board 34 Teachers, etc. pensions in certain counties (500,000 or more) 2469 REVENUE See also Retailers' and Consumers' Sales and Use Tax Act . Corporate income tax payments 18 Income tax 628 Income tax, corporate stock 610 Income tax, credit for use tax 16 Motor Fuel Tax Law amended 138 Motor vehicles for ad valorem taxes, proposed amendment to the Constitution 663 Motor vehicle certificate of title Act amended 32 Motor vehicle license tags 606 Motor vehicle registration by dealers, etc. 529 Sales and Use Tax, exempt sales 13 , 132 Suspension of certain income taxes ratified 314 Suspension of income tax on subsistence allowances ratified 316 Suspension of sales tax on Bibles, etc. ratified 303 Suspension of sales tax on purchases by certain colleges, etc. ratified 304

Page 3707

REVENUE DEPARTMENT Authority of agents 135 Deputy commissioners 133 RICHMOND COUNTY, CITY COURT OF Judge's salary 3252 Solicitor's salary 3254 RIVERDALE, CITY OF Charter amended, referendum 2815 RIVERSIDE, TOWN OF Charter amended 2225 ROCHELLE, CITY OF Salaries of mayor and aldermen 2651 ROCKMART DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 676 ROME JUDICIAL CIRCUIT Supplement of judge 168 ROSSVILLE, CITY OF Tax rate 350 , 2988 ROUNTREE, MISS SARAH LYNN Compensation to Miss Sarah Lynn Rountree 3345 RURAL ROADS AUTHORITY Members 281 RYDER CUP GOLF MATCHES WEEK Resolution 325 S SAFETY FIRE COMMISSIONER Authority of marshal, etc. 509 ST. MARYS, CITY OF Charter amended 2193

Page 3708

SALE CITY, CITY OF Elections 2823 SALES AND USE TAX See Retailers' and Consumers' Sales and Use Tax . SALES, PUBLIC Hours 366 SAVANNAH Steamship Savannah Commission 2136 SAVANNAH, CITY OF Corporate limits 3383 SAVANNAH, CITY COURT OF New trials 2319 SAVANNAH, MUNICIPAL COURT OF Civil jurisdiction 2317 SCARBORO, EDSEL Compensation to Edsel Scarboro 3344 SCHOLARSHIPS TO DENTAL STUDENTS Authorized, proposed amendment to the Constitution 695 SCHOOL BUS DRIVERS Chauffeur's license 498 SCHOOL BUSSES Loading, etc. students and teachers 382 SCREVEN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created 2323 SEALS Seals for General Assembly 17 SEAT BELTS New automobiles 366

Page 3709

SECRETARY OF STATE Claims Advisory Board 624 Registration of trade-marks and service marks 463 SECURITIES ACT Amended 557 SELF INSURERS Certain municipalities permitted to become self insurers (116,500-119,500) 2366 SENATE Seal 17 SENATE COMMITTEE ON ECONOMY, REORGANIZATION AND EFFICIENCY IN STATE GOVERNMENT Created 486 SERVICE MARKS AND TRADE-MARKS Registration 463 SHELLMAN, TOWN OF Ad valorem tax rate 2833 SHERIFFS See also named county . Salaries of sheriffs and deputies, etc. in certain counties (135,000-140,000) 3516 Compensation in certain counties (500,000 or more) 2944 SHERIFF'S RETIREMENT FUND OF GEORGIA Created 630 SLUM CLEARANCE Urban Redevelopment Law amended 644 SMALL CLAIMS COURTS Created in certain counties (11,775-12,100) 2933 Created in certain counties (15,230-15,825) 2896 Created in certain counties (16,500-16,700) 3395 Act creating small claims courts in certain counties amended (18,000-18,100) 2588 Act creating in certain counties amended (19,500-19,700) 2270

Page 3710

Created in certain counties (23,500-24,100) 3501 Act creating in certain counties amended (33,300-34,056) 2227 Act creating in certain counties amended (34,225-34,500) 2715 SMITH, HOMER Compensation to Homer Smith 2856 SMYRNA, CITY OF Charter amended 2424 SOCIAL SECURITY Area boards of education 641 SOLICITORS-GENERAL See also named superior court . Compensation in certain counties (135,000-140,000) 299 Health insurance 277 Investigators in certain counties (250,000 or more) 484 SOUTHERN JUDICIAL CIRCUIT Compensation of judge 346 SPEED RESTRICTIONS 1953 Act amended 26 STATE AGENCIES AND SERVICES Consolidation authorized 29 STATE AID ROADS AND HIGHWAYS Defined 280 STATE BAR OF GEORGIA Authority to create, etc. 70 STATE BOARD OF BARBERS Act amended 56 STATE BOARD OF COSMETOLOGY Created 45 STATE BOARD OF EDUCATION See also Education . Television stations, etc. 431

Page 3711

STATE BOARD OF HEALTH See also Health, Department of . Contracts 474 STATE EMPLOYEES See also Employees' Retirement System . Wages due deceased employees 434 STATE EMPLOYEES' ASSURANCE DEPARTMENT Created 521 STATE EMPLOYEES' HEALTH INSURANCE ACT Coverage for solicitors-general 277 STATE EX-OFFICIO OFFICERS Compensation 586 STATE GOVERNMENT Continuity in event of enemy attack, proposed amendment to the Constitution 703 STATE HIGHWAY AUTHORITY Members 284 STATE HIGHWAY BOARD Created, proposed amendment to the Constitution 665 Eminent domain 124 Expenditure of funds 423 Members 282 Reorganization Act 3 Easement to City of Gainesville 76 Funds to municipalities to construct and maintain streets 441 STATE LEASED PROPERTIES STUDY COMMITTEE Created 407 STATE OFFICE BUILDING AUTHORITY Bonds 422 STATE PARKS Cabins 311 Leases to public authorities 630

Page 3712

STATE SEALS Seals for General Assembly 17 STATE SUPERINTENDENT OF SCHOOLS Qualifications 510 STATE TOLL BRIDGE AUTHORITY Members 283 STATESBORO, CITY OF Charter amended 2808 STEAMSHIP SAVANNAH COMMISSION Created 2136 STEWART COUNTY Compensation of clerk of commissioner of roads and revenues 2945 STONE MOUNTAIN MEMORIAL ASSOCIATION Security officers 649 STRICKLAND, GABRIEL Compensation to Gabriel Strickland 3635 STUDY COMMISSION ON INDUSTRIAL LOAN BUSINESS Created 608 SUGGS, W. A. Compensation to W. A. Suggs 2858 SUMTER COUNTY Compensation of coroner 2798 SUPERINTENDENT OF SCHOOLS, STATE Qualifications 510 SUPERIOR COURTS See also Tabular IndexSuperior Courts . Assistant solicitors-general, etc. in certain counties (135,000-140,000) 3547 Clerks fees, etc. Uniform Commercial Code amended 188

Page 3713

Clerks' recording fees 367 Costs for preparing transcripts for appeals 368 Fixing of auditors' fees 620 Salaries of clerks and deputies in certain counties (135,000-140,000) 3516 Travel expenses of judges 415 SUPERIOR COURT CLERKS' RETIREMENT FUND Investments, etc. 263 SUPERINTENDENT OF BANKS See also Banks and Banking . Office hours, etc. 369 SUPERVISOR OF PURCHASES Salary 477 SUPREME COURT Briefs of evidence 258 State Bar of Georgia 70 To fix time of holding Bar Examinations 293 SWAINSBORO, CITY OF Corporate limits, referendum 2583 SWINT, MRS. H. S. Compensation to Mrs. H. S. Swint 2872 SYLVANIA, CITY OF City manager, referendum 2835 New charter 2030 SYLVESTER, CITY OF Corporate limits 2907 , 3185 Salaries of mayor and councilmen 2607 T TALBOT COUNTY Board of commissioners of roads and revenues, referendum 2185 TAX COLLECTORS See also named county . Bonds 253 Compensation in certain counties (4,540-4,550), referendum 2928

Page 3714

TAX COMMISSIONERS See also named county . Bonds 253 Office created in certain counties (47,500-49,500) 3064 Retirement system amended 41 Salaries in certain counties (135,000-140,000) 3516 TAX RECEIVERS See also named county . Compensation in certain counties (4,540-4,550), referendum 2928 TEACHERS' RETIREMENT SYSTEM ACT Amended 542 Investment agents, etc. 433 Payments by Budget Bureau 656 TELEVISION State Board of Education 431 TELFAIR COUNTY County officers, proposed amendment to the Constitution 705 TELEPHONE DIRECTORIES Notice as to use of obscene language 455 TERRITORY CEDED TO UNITED STATES Jurisdiction over 555 THOMAS COUNTY Compensation of superior court judge 347 THOMASTON, CITY OF Corporate limits 2690 Mayor and councilmen 2686 THOMASVILLE, CITY OF Charter amended 3374 THOMPSON, J. R. Land conveyance authorized 397 THOMPSON, GOVERNOR M. E. Honored for purchase of Jekyll Island 324

Page 3715

TIFT COUNTY DEVELOPMENT AUTHORITY Powers, etc. 3191 TOBACCO Opposing requirement that tobacco treated with maleic hydrazide be tagged 331 TOLL BRIDGE AUTHORITY Members 283 TRADE-MARKS AND SERVICE MARKS Registration 463 TROUP COUNTY, CIVIL AND CRIMINAL COURT OF Appearance bonds 2401 Salaries of judges and solicitor 2309 TRUST FUNDS County treasury as depository in certain counties (500,000 or more) 2180 TRUSTEES Investments in real estate loans 479 TURNER COUNTY Commissioner of roads and revenues, referendum 2471 TURNER COUNTY DEVELOPMENT AUTHORITY Amended 2960 U UNCONTESTED CIVIL CASES Trial 453 UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Enforcement of laws within municipalities 461 Inspection law 333 Limited access highways 254 School busses, etc. 382 Speed restrictions 26

Page 3716

UNIFORM COMMERCIAL CODE Amended 188 UNINSURED MOTORISTS Insurance coverage 588 UNION POINT, CITY OF Clerk and treasurer 2330 UNITED STATES Jurisdiction over persons and citizens of ceded territory 555 UNIVERSITIES AND COLLEGES Sales tax exemptions 613 Suspension of sales tax ratified 304 UNIVERSITY SYSTEM, REGENTS Contracts with local boards of education 617 URBAN REDEVELOPMENT LAW Act amended as to certain counties (250,000-500,000) 2597 Amended 644 USED MOTOR VEHICLE PARTS Sale, etc. 436 V VALDOSTA, CITY OF Election of board of education 3605 Elections 3001 VETERANS OF FOREIGN WARS POST NO. 4742 Compensation to William L. Sanders Post No. 4742 of V.F.W. 2865 VIENNA, CITY OF Ad valorem tax 2411 VOTER REGISTRATION See also named municipality . Civil service status of registrars 530 Procedure, etc. 73 Procedure in certain counties (49,200-49,300) 2720 Procedure in certain counties (100,000 or more) 75

Page 3717

W WAINER CONSTRUCTION COMPANY, INC. Compensation to Wainer Construction Company, Inc. 3339 WALKER COUNTY Clerical help for solicitor-general 80 WALTON COUNTY Tax equalization, referendum 2600 WARE COUNTY Board of commissioners of roads and revenues, referendum 2237 WARM SPRINGS, CITY OF Tax rate, referendum 2332 WARNER ROBINS, CITY OF City manager, referendum 3330 WARREN COUNTY Clerk of superior court placed on salary 2164 Ordinary placed on salary 2166 Sheriff placed on salary 2160 WATERCRAFT Georgia Motorboat Numbering Act amended 301 Motor Fuel Tax Law 138 WAYCROSS, CITY OF Corporate limits 2246 WAYCROSS JUDICIAL CIRCUIT Terms of Charlton Superior Court 296 WAYNE COUNTY Commissioners of roads and revenues 2301 Compensation of commissioners of roads and revenues 3219 Jesup-Wayne County Airport Authority 3358 Secretary for judge of superior court 140 Sheriff's compensation 2455

Page 3718

WAYNESBORO, CITY COURT OF Compensation of court stenographer 2753 WEBSTER COUNTY Compensation of sheriff and commissioner of roads and revenues 3513 WEIGHTS AND MEASURES Operators of moisture testing equipment 457 WELFARE, DEPARTMENT OF See Department of Public Welfare . WEST, W. L., SR. Compensation to W. L. West, Sr. 3343 WEST POINT, CITY OF Voter registration 2402 WHITE COUNTY Board of education, proposed amendment to the Constitution 670 WHITFIELD COUNTY Placed in Conasauga Judicial Circuit 182 WILKES COUNTY Compensation of sheriff, ordinary and clerk of superior court, referendum 2803 WILKES COUNTY Tax commissioner's compensation, referendum 3447 WILLS AND ADMINISTRATION OF ESTATES Investments in real estate loans 479 WOODSTOCK, CITY OF Sale of water, electricity and gas 2010 WORKMEN'S COMPENSATION ACT Amended 141

Page 3719

WORLD'S FAIR IN ATLANTA Committee, etc. 327 Z ZONING BOARDS Act authorizing zoning boards in certain counties repealed (108,000-112,000) 3189

Page 3720

POPULATION OF GEORGIA COUNTIES County 1960 1950 1940 1930 1920 Appling 13,246 14,003 14,497 13,314 10,594 Atkinson 6,188 7,362 7,093 6,894 7,656 Bacon 8,359 8,940 8,096 7,055 6,460 Baker 4,543 5,952 7,344 7,818 8,298 Baldwin 34,064 29,706 24,190 22,878 19,791 Banks 6,497 6,935 8,733 9,703 11,814 Barrow 14,485 13,115 13,064 12,401 13,188 Bartow 28,267 27,370 25,283 25,364 24,527 Ben Hill 13,633 14,879 14,523 13,047 14,599 Berrien 12,038 13,966 15,370 14,646 15,573 Bibb 141,249 114,079 83,783 77,042 71,304 Bleckley 9,642 9,218 9,655 9,133 10,532 Brantley 5,891 6,387 6,871 6,895 Brooks 15,292 18,169 20,497 21,330 24,538 Bryan 6,226 5,965 6,288 5,952 6,343 Bulloch 24,263 24,740 26,010 26,509 26,133 Burke 20,596 23,458 26,520 29,224 30,836 Butts 8,976 9,079 9,182 9,345 12,327 Calhoun 7,341 8,578 10,438 10,576 10,225 Camden 9,975 7,322 5,910 6,338 6,969 Campbell 9,903 11,709 Candler 6,672 8,063 9,103 8,991 9,228 Carroll 36,451 34,112 34,156 34,272 34,752 Catoosa 21,101 15,146 12,199 9,421 6,677 Charlton 5,313 4,821 5,256 4,381 4,536 Chatham 188,299 151,481 117,970 105,431 100,032 Chattahoochee 13,011 12,149 15,138 8,894 5,266 Chattooga 19,954 21,197 18,532 15,407 14,312 Cherokee 23,001 20,750 20,126 20,003 18,569 Clarke 45,363 36,550 28,398 25,613 26,111 Clay 4,551 5,844 7,064 6,943 5,557 Clayton 46,365 22,872 11,655 10,260 11,159 Clinch 6,545 6,007 6,437 7,015 7,984 Cobb 114,174 61,830 38,272 35,408 30,437 Coffee 21,953 23,961 21,541 19,739 18,653 Colquitt 34,048 33,999 33,012 30,622 29,332 Columbia 13,423 9,525 9,433 8,793 11,718 Cook 11,822 12,201 11,919 11,311 11,180 Coweta 28,893 27,786 26,972 25,127 29,047 Crawford 5,816 6,080 7,128 7,020 8,893 Crisp 17,768 17,663 17,540 17,343 18,914 Dade 8,666 7,364 5,894 4,146 3,918 Dawson 3,590 3,712 4,479 3,502 4,204 Decatur 25,203 23,620 22,234 23,622 31,785 DeKalb 256,782 136,395 86,942 70,278 44,051 Dodge 16,483 17,865 21,022 21,599 22,540 Dooly 11,474 14,159 16,886 18,025 20,522 Dougherty 75,680 43,617 28,565 22,306 20,063 Douglas 16,741 12,173 10,053 9,461 10,477 Early 13,151 17,413 18,679 18,273 18,983 Echols 1,876 2,494 2,964 2,744 3,313 Effingham 10,144 9,133 9,646 10,164 9,985 Elbert 17,835 18,585 19,618 18,485 23,905 Emanuel 17,815 19,789 23,517 24,101 25,862 Evans 6,952 6,653 7,401 7,102 6,594 Fannin 13,620 15,192 14,752 12,969 12,103 Fayette 8,199 7,978 8,170 8,665 11,396 Floyd 69,130 62,899 56,141 48,677 39,841 Forsyth 12,170 11,005 11,322 10,624 11,755 Franklin 13,274 14,446 15,612 15,902 19,957 Fulton 556,326 473,572 392,886 318,587 232,606 Gilmer 8,922 9,963 9,001 7,344 8,406 Glascock 2,672 3,579 4,547 4,388 4,192 Glynn 41,954 29,046 21,920 19,400 19,370 Gordon 19,228 18,922 18,445 16,846 17,736 Grady 18,015 18,928 19,654 19,200 20,306 Greene 11,193 12,843 13,709 12,616 18,972 Gwinnett 43,541 32,320 29,087 27,853 30,327 Habersham 18,116 16,553 14,771 12,748 10,730 Hall 49,739 40,113 34,822 30,313 26,822 Hancock 9,979 11,052 12,764 13,070 18,357 Haralson 14,543 14,663 14,377 13,263 14,440 Harris 11,167 11,265 11,428 11,140 15,775 Hart 15,229 14,495 15,512 15,174 17,944 Heard 5,333 6,975 8,610 9,102 11,126 Henry 17,619 15,857 15,119 15,924 20,420 Houston 39,154 20,964 11,303 11,280 21,964 Irwin 9,211 11,973 12,936 12,199 12,670 Jackson 18,499 18,997 20,089 21,609 24,654 Jasper 6,135 7,473 8,772 8,594 16,362 Jeff Davis 8,914 9,299 8,841 8,118 7,322 Jefferson 17,468 18,855 20,040 20,727 22,602 Jenkins 9,148 10,264 11,843 12,908 14,328 Johnson 8,048 9,893 12,953 12,681 13,546 Jones 8,468 7,538 8,331 8,992 13,269 Lamar 10,240 10,242 10,091 9,745 Lanier 5,097 5,151 5,632 5,190 Laurens 32,313 33,123 33,606 32,693 39,605 Lee 6,204 6,674 7,837 8,328 10,904 Liberty 14,487 8,444 8,595 8,153 12,707 Lincoln 5,906 6,462 7,042 7,847 9,739 Long 3,874 3,598 4,086 4,180 Lowndes 49,270 35,211 31,860 29,994 26,521 Lumpkin 7,241 6,574 6,223 4,927 5,240 McDuffie 16,627 11,443 10,878 9,014 11,509 McIntosh 6,364 6,008 5,292 5,763 5,119 Macon 13,170 14,213 15,947 16,643 17,667 Madison 11,246 12,238 13,431 14,921 18,803 Marion 5,477 6,521 6,954 6,968 7,604 Meriwether 19,756 21,055 22,055 22,437 26,168 Miller 6,908 9,023 9,998 9,076 9,565 Milton 6,730 6,885 Mitchell 19,652 22,528 23,261 23,620 25,588 Monroe 10,495 10,523 10,749 11,606 20,138 Montgomery 6,284 7,901 9,668 10,020 9,167 Morgan 10,280 11,899 12,713 12,488 20,143 Murray 10,447 10,676 11,137 9,215 9,490 Muscogee 158,623 118,028 75,494 57,558 44,195 Newton 20,999 20,185 18,576 17,290 21,680 Oconee 6,304 7,009 7,576 8,082 11,067 Oglethorpe 7,926 9,958 12,430 12,927 20,287 Paulding 13,101 11,752 12,832 12,327 14,025 Peach 13,846 11,705 10,378 10,268 Pickens 8,903 8,855 9,136 9,687 8,222 Pierce 9,678 11,112 11,800 12,522 11,934 Pike 7,138 8,459 10,375 10,853 21,212 Polk 28,015 30,976 28,467 25,141 20,357 Pulaski 8,204 8,808 9,829 9,005 11,587 Putnam 7,798 7,731 8,514 8,367 15,151 Quitman 2,432 3,015 3,435 3,820 3,417 Rabun 7,456 7,424 7,821 6,331 5,746 Randolph 11,078 13,804 16,609 17,174 16,721 Richmond 135,601 108,876 81,863 72,990 63,692 Rockdale 10,572 8,464 7,724 7,247 9,521 Schley 3,256 4,036 5,033 5,347 5,243 Screven 14,919 18,000 20,353 20,503 23,552 Seminole 6,802 7,904 8,492 7,389 Spalding 25,404 31,045 28,427 23,495 21,908 Stephens 18,391 16,647 12,972 11,740 11,215 Stewart 7,371 9,194 10,603 11,114 12,089 Sumter 24,652 24,208 24,502 26,800 29,640 Talbot 9,127 7,687 8,141 8,458 11,158 Taliaferro 3,370 4,515 6,278 6,172 8,841 Tattnall 15,839 15,939 16,243 15,411 14,502 Taylor 8,311 9,113 10,768 10,617 11,473 Telfair 11,715 13,221 15,145 14,997 15,291 Terrell 12,742 14,314 16,675 18,290 19,601 Thomas 34,319 33,932 31,289 32,612 33,044 Tift 23,587 22,645 18,599 16,068 14,493 Toombs 16,837 17,382 16,952 17,165 13,897 Towns 4,538 4,803 4,925 4,346 3,937 Treutlen 5,874 6,522 7,632 7,488 7,664 Troup 47,189 49,841 43,879 36,752 36,097 Turner 8,439 10,479 10,846 11,196 12,466 Twiggs 7,935 8,308 9,117 8,372 10,407 Union 6,510 7,318 7,680 6,340 6,455 Upson 23,800 25,078 25,064 19,509 14,786 Walker 45,264 38,198 31,024 26,206 23,370 Walton 20,481 20,230 20,777 21,118 24,216 Ware 34,219 30,289 27,929 26,558 28,361 Warren 7,360 8,779 10,236 11,181 11,828 Washington 18,903 21,012 24,230 25,030 28,147 Wayne 17,921 14,248 13,122 12,647 14,381 Webster 3,247 4,081 4,726 5,032 5,342 Wheeler 5,342 6,712 8,535 9,149 9,817 White 6,935 5,951 6,417 6,056 6,105 Whitfield 42,109 34,432 26,105 20,808 16,897 Wilcox 7,905 10,167 12,755 13,439 15,511 Wilkes 10,961 12,388 15,084 15,944 24,210 Wilkinson 9,250 9,781 11,025 10,844 11,376 Worth 16,682 19,357 21,374 21,094 23,863 POPULATION NUMERICALLY LISTED ACCORDING TO 1960 CENSUS Counties Population Echols 1,876 Quitman 2,423 Glascock 2,672 Webster 3,247 Schley 3,256 Taliaferro 3,370 Dawson 3,590 Long 3,874 Towns 4,538 Baker 4,543 Clay 4,551 Lanier 5,097 Charlton 5,313 Heard 5,333 Wheeler 5,342 Marion 5,477 Crawford 5,816 Treutlen 5,874 Brantley 5,891 Lincoln 5,906 Jasper 6,135 Atkinson 6,188 Lee 6,204 Bryan 6,226 Montgomery 6,284 Oconee 6,304 McIntosh 6,364 Banks 6,497 Union 6,510 Clinch 6,545 Candler 6,672 Seminole 6,802 Miller 6,908 White 6,935 Evans 6,952 Talbot 7,127 Pike 7,138 Lumpkin 7,241 Calhoun 7,341 Warren 7,360 Stewart 7,371 Rabun 7,456 Putnam 7,798 Wilcox 7,905 Oglethorpe 7,926 Twiggs 7,935 Johnson 8,048 Fayette 8,199 Pulaski 8,204 Taylor 8,311 Bacon 8,359 Turner 8,439 Jones 8,468 Dade 8,666 Pickens 8,903 Jeff Davis 8,914 Gilmer 8,922 Butts 8,976 Jenkins 9,148 Irwin 9,211 Wilkinson 9,250 Bleckley 9,642 Pierce 9,678 Camden 9,975 Hancock 9,979 Effingham 10,144 Lamar 10,240 Morgan 10,280 Murray 10,447 Monroe 10,495 Rockdale 10,572 Wilkes 10,961 Randolph 11,078 Harris 11,167 Greene 11,193 Madison 11,246 Dooly 11,474 Telfair 11,715 Cook 11,822 Berrien 12,038 Forsyth 12,170 McDuffie 12,627 Terrell 12,742 Chattahoochee 13,011 Paulding 13,101 Early 13,151 Macon 13,170 Appling 13,246 Franklin 13,274 Columbia 13,423 Fannin 13,620 Ben Hill 13,633 Peach 13,846 Barrow 14,485 Liberty 14,487 Haralson 14,543 Screven 14,919 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 Baldwin 34,064 Ware 34,219 Thomas 34,319 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

Page 3725

MEMBERS OF THE GENERAL ASSEMBLY MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1963-1964 Senators District Post Office Brewer, Oby T., Sr. 39th 199 Robin Hood Rd., N.E., Atlanta Broun, Paul C. 46th 520 W. Cloverhurst, Athens Brown, Charlie 34th P.O. Box 30, Atlanta 1 Byrd, Garland T. 17th Reynolds Carlton, Milton A. 21st 534 Kite Rd., Swainsboro Carter, Jimmy 14th Plains Coggin, Frank E. 35th 639 Trust Co. of Ga. Bldg., Atlanta 3 Conway, H. (Mac) McKinley, Jr. 41st Conway Publications, Inc., 2592 Apple Valley Rd., North Atlanta 19 Downing, Frank O. 1st 411 Morel Bldg., Savannah Ellis, S. Tom 44th McDonough Fincher, Jack 51st 60 Muriel St., Canton Fuqua, J. B. 22nd 1001 Reynolds St., Augusta Gayner, John M., III 5th Sunset Blvd., Country Club Park, Brunswick Gillis, Hugh M. 20th Soperton Gordy, A. Perry 15th 1112 - 3rd Ave., Columbus Hall, J. Battle 52nd P.O. Box 1267, Rome Harrison, Harold 48th Bethlehem Heard, R. Shaefer 29th P.O. Box 246, West Point Holloway, A. W. (Al) 12th 1131 Valley Rd., Albany Hunt, William J. 26th 668 Poplar St., Macon Jackson, Harry C. 16th 1718 - 3rd Ave., Columbus Johnson, Ben F. 42nd Emory University Law School, Atlanta 22 Johnson, LeRoy R. 38th 960 Hunter St., S.W., Suite 207, Atlanta 14 Kendrick, Edward S. 32nd Rt. 1, Bells Ferry Rd., Marietta Kidd, Culver 25th Milledgeville Knox, W. A. (Wyck) 24th Thomson Lee, Robert E., Jr. 47th P.O. Box 762, Elberton Loggins, Joseph E. 53rd Summerville MacIntyre, Dan I., III 40th 919 W. Peachtree St., N.E., Atlanta 9 Miller, Zell 50th Young Harris Moore, Albert F. 31st 306 S. College St., Cedartown McKinnon, Talmadge 7th RFD 1, Willacoochee McWhorter, W. Hugh 43rd 1788 Ponce de Leon Ave., N.E., Atlanta Noble, Roy 19th RFD 3, Vienna Oliver, Clinton 4th P.O. Box 237, Glennville Owens, Erwin 49th Dahlonega Pannell, Charles A. 54th Chatsworth Pelham, Glenn 10th 100 - 3rd Ave., S.W., Cairo Pennington, Brooks, Jr. 45th Crawford St., Madison Phillips, J. Taylor 27th 173 First St., Macon Plunkett, Lamar R. 30th 50 Morris St., Bowdon Rowan, Robert A. (Bobby) 8th Enigma Salome, J. M. (Joe) 36th 344 Kendrick Ave., S.E., Atlanta Scott, Milford A. 23rd 2550 Richmond Hill Rd., Augusta Searcey, William A. 2nd 1919 New Mexico St., Savannah Smalley, Robert H., Jr. 28th P.O. Box 116, Griffin Smith, Stanley E., Jr. 18th P.O. Drawer F, 810 Forest Hill Dr., Perry Spinks, Ford B. 9th Rt. 1, Tifton Tribble, Joseph J. 3rd 402 Arlington Rd., Savannah Webb, Julian 11th P.O. Box 277, Donalsonville Wesberry, James P., Jr. 37th 2989 N. Fulton Dr., N.E., Atlanta 5 Yancey, Kyle 33rd Rt. 2, Austell Young, Martin 13th Rt. 2, Rebecca Zorn, William A. 6th P.O. Box 128, 292 E. Cherry St., Jesup

Page 3727

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND POST OFFICES FOR THE TERM 1963-1964 District Name Address 1. Frank O. Downing 411 Morel Bldg., Savannah 2. William A. Searcey 1919 New Mexico St., Savannah 3. Joseph J. Tribble 402 Arlington Rd., Savannah 4. Clinton Oliver P. O. Box 237, Glennville 5. John M. Gayner III Sunset Blvd., Country Club Park, Brunswick 6. William A. Zorn P. O. Box 128, 292 E. Cherry St., Jesup 7. Talmadge McKinnon RFD 1, Willacoochee 8. Robert A. (Bobby) Rowan Enigma 9. Ford B. Spinks Rt. 1, Tifton 10. Glenn Pelham 100-3rd Ave., S.W., Cairo 11. Julian Webb P. O. Box 277, Donalsonville 12. A. W. (Al) Holloway 1131 Valley Rd., Albany 13. Martin Young Rt. 2, Rebecca 14. Jimmy Carter Plains 15. A. Perry Gordy 1112-3rd Ave., Columbus 16. Harry C. Jackson 1718-3rd Ave., Columbus 17. Garland T. Byrd Reynolds 18. Stanley E. Smith, Jr. P. O. Drawer F, 810 Forest Hill Dr., Perry 19. Roy Noble RFD 3, Vienna 20. Hugh M. Gillis Soperton 21. Milton A. Carlton 534 Kite Rd., Swainsboro 22. J. B. Fuqua 1001 Reynolds St., Augusta 23. Milford A. Scott 2550 Richmond Hill Rd., Augusta 24. W. A. (Wyck) Knox Thomson 25. Culver Kidd Milledgeville 26. William J. Hunt 668 Poplar St., Macon 27. J. Taylor Phillips 173 First St., Macon 28. Robert H. Smalley, Jr. P. O. Box 116, Griffin 29. R. Shaefer Heard P. O. Box 246, West Point 30. Lamar R. Plunkett 50 Morris St., Bowdon 31. Albert F. Moore 306 S. College St., Cedartown 32. Edward S. Kendrick Rt. 1, Bells Ferry Rd., Marietta 33. Kyle Yancey Rt. 2, Austell 34. Charlie Brown P. O. Box 30, Atlanta 1 35. Frank E. Coggin 639 Trust Co. of Ga. Bldg., Atlanta 3 36. J. M. (Joe) Salome 344 Kendrick Ave., S.E., Atlanta 37. James P. Wesberry, Jr. 2989 N. Fulton Dr., N.E., Atlanta 5 38. LeRoy R. Johnson 960 Hunter St., S.W., Suite 207, Atlanta 14 39. Oby T. Brewer, Sr. 199 Robin Hood Road, N.E., Atlanta 40. Dan I. MacIntyre, III 919 W. Peachtree St., N.E., Atlanta 9 41. H. (Mac) McKinley Conway, Jr. 2592 Apple Valley Rd., North Atlanta 19 42. Ben F. Johnson Emory University Law School, Atlanta 22 43. W. Hugh McWhorter 1788 Ponce de Leon Ave., N.E., Atlanta 44. S. Tom Ellis McDonough 45. Brooks Pennington, Jr. Crawford St., Madison 46. Paul C. Broun 520 W. Cloverhurst, Athens 47. Robert E. Lee, Jr. P. O. Box 762, Elberton 48. Harold Harrison Bethlehem 49. Erwin Owens Dahlonega 50. Zell Miller Young Harris 51. Jack Fincher 60 Muriel St., Canton 52. J. Battle Hall P. O. Box 1267, Rome 53. Joseph E. Loggins Summerville 54. Charles A. Pannell Chatsworth

Page 3729

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH COUNTIES AND POST OFFICES, FOR THE TERM 1963-1964 Representative County Post Office Abney, Billy Shaw Walker P.O. Box 607, LaFayette Acree, Dr. John W. Towns Box 225, Hiawassee Allen, Henry Banks Tift 414 W. 14th St., Tifton Anderson, John H., Jr. Pulaski Anderson Rd., Hawkinsville Andrews, J. A. (Jim) Stephens 108 E. Doyle St., Toccoa Arnsdorff, B. Frank Effingham Springfield Bagby, George Talmadge Paulding RFD #2, Dallas Ballard, W. D. (Donald) (Post #1) Newton Oxford Barber, Mac Jackson Commerce Baughman, Leon Hodges Early Cedar Springs Bedgood, W. Randall, Jr. Clarke 375 W. View Dr., Athens Bell, John C. Richmond 3407 Kamel Cr., Augusta Black, J. Lucius Webster Preston Blair, William E. Sumter 22 Lauding Ln., Americus Blalock, D. B. Coweta 40 Nimmons St., Newnan Blalock, Edgar Clayton Jonesboro Bolton, Arthur K. Spalding Box 602, Griffin Bowen, A'Delbert (Dell) Randolph 512 Court St., Cuthbert Bowen, Ralph W. Dawson Dawsonville Bowen, Ross P. Toombs Rt. 1, Lyons Brackin, J. O. Seminole Rt. 1, Iron City Branch, Warren 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 Box 37, Hartwell Busbee, George D. Dougherty 204 N. Monroe St., Albany Bynum, Knox Rabun Clayton Byrd, J. T. Walton Rt. 3, Loganville Caldwell, Johnnie L. Upson Thomaston Carr, Tom C. Washington Smith St., Sandersville Causby, Troy Gordon Box 610, Calhoun Chance, Homer L. Twiggs Danville Chandler, Philip M. (Post #2) Baldwin P.O. Box 806, 500 N. Tattnall St. Milledgeville Clark, Joe T. (Seat #1) Catoosa Ringgold Clarke, Harold G. Monroe Forsyth Coker, Grady Newton, M.D. (Post #1) Cherokee Canton Coker, Roy N. Turner Box 184, Sycamore Conger, J. Willis Decatur 940 Pine St., Bainbridge Conner, James L. (Jimmy) Jeff Davis Hazlehurst Crummey, Cecil D., Dec'd 2-20-63 Wilcox Rochelle Cullens, J. R. Bartow P.O. Box 326, 18 S. Erwin St., Cartersville Davis, Truitt Heard Box 153, Franklin Dean, Nathan D. Polk 4009-3rd Ave., Rockmart Deen, H. Dorsey Bacon Rt. 4, Alma DeVane, Marvin E. Schley Ellaville Dicus, Harry Muscogee Columbus Bank and Trust Co. Bldg., Columbus Dixon, Harry D. (Post #2) Ware 1303 Coral Rd., Waycross Dorminy, A. Brad C., Jr. Ben Hill 701 W. Central Ave., Fitzgerald Duncan, A. C. Fannin Box 356, McCaysville Duncan, J. Ebb Carroll W. Club Dr., Carrollton Echols, Talmage B. Upson P.O. Box 349, Thomaston Etheridge, Jack Fulton 1026 Fulton Federal Bldg., Atlanta Fleming, William M., Jr. Richmond #3 Johnson Bldg., Augusta Flournoy, Robert E., Jr. (Bracket #3) Cobb Blair Bldg., Marietta Floyd, James H. Chattooga 11 Sunset Ln., Trion Flynt, Wales T. Taliaferro Crawfordville Fowler, Alpha A., Jr. Douglas Douglasville Fowler, J. Wyman Treutlen Box 203, Soperton Fulford, Ed Terrell Cinderella Ln., Dawson Funk, Arthur J. Chatham 7 Grimball River Rd., Savannah Gibbons, W. J. Lowndes 1206 Westwood Dr., Valdosta Greene, William B. Bartow 113 Luckie St., Cartersville Griffin, R. A. Cheney Decatur 1001 College St., Bainbridge Groover, Denmark, Jr. Bibb P.O. Box 1353, Macon Hale, Maddox J. Dade Trenton Hall, H. Goodwin Lee Rt. 2, Leesburg Harrell, A. Hewlette Fayette P.O. Box 314, Fayetteville Harrington, J. Floyd (Post #1) Baldwin Milledgeville Harris, J. Robin DeKalb 250 E. Ponce de Leon Ave., Decatur Henderson, Waldo Atkinson RFD 2, Lakeland Herndon, Curtis C. Appling Box 61, Surrency Hill, Render Meriwether Greenville Horton, N. Dudley, Jr. Putnam Eatonton House, Mitchel P., Jr. Bibb 305 Persons Bldg., Macon Houston, Francis Pierce Blackshear Hull, James M., Jr. Richmond Southern Finance Bldg., Augusta Hurst, Joe J. Quitman Georgetown Isenberg, Joe Glynn 4226-9th St., St. Simon Island Johnson, Dr. A. S., Sr. Elbert 302 Heard St., Elberton Johnson, Bobby W. Warren P.O. Box 122, Warrenton Jones, Charles M. Liberty 206 E. Court St., Hinesville Jones, David Campbell Worth P.O. Box 90, Sylvester Jones, Fred C., Jr. Lumpkin Dahlonega Jones, Milton Muscogee 3438 Sue Mack Dr., Columbus Jordan, J. E. (Red) (Post #2) Floyd #1 Forest Lane, Rome Jordan, W. Harvey Calhoun Leary Keadle, Haygood Lamar 414 Spencer St., Barnesville Kelly, Roy R. Jasper Monticello Keyton, James W. Thomas 137 Woodland Dr., Thomasville Killian, William R. Glynn 1221 Pine Ave., Brunswick King, Joe N. Chattahoochee P.O. Box 186, Cusseta Kirkland, H. E. Tattnall Rt. 1, Box 2, Glennville Knight, D. W. (Bill), Jr. Laurens Dexter Knight, W. D. (Jack) Berrien P.O. Box 647, Nashville Laite, William E., Jr. Bibb 2948 Crestline Dr., Macon Lambert, E. Roy Morgan 104 Washington St., Madison Lane, W. Jones Bulloch Statesboro Lee, Grover B. Clinch DuPont Lee, Wm. J. (Bill) Clayton RFD #1, Forest Park Lee, William S. (Billy) Dougherty 1215 Baker Ave., Albany Leonard, Gerald H. Murray Box 291, Chatsworth Lewis, E. Brooks Wilkinson P.O. Box 296, Gordon Lindsey, William R. Wilkes P. O. Box 337, Washington Logan, B. C., Sr. Gilmer Ellijay Lokey, Leonard N. McDuffie P.O. Box 167, 902 Church St., Thomson Lowrey, Sidney (Post #1) Floyd Rt. 7, Rome Mackay, James A. DeKalb 608-10 Decatur Federal Bldg., Decatur Matthews, Chappelle Clarke 116 Shackelford Bldg., Athens Matthews, Dorsey R. Colquitt Moultrie McClelland, Ralph Fulton 1303 1st Nat. Bank Bldg., Atlanta McCracken, J. Roy Jefferson Avera McDonald, Thomas James, Jr. White P.O. Box 204, Cleveland McGarity, Edward E. Henry P.O. Box 249, McDonough McKemie, Henry G. Clay Coleman Meeks, William T. Union P.O. Box 96, Blairsville Melton, Quimby, Jr. Spalding Rt. 3, Box 411, Griffin Milford, C. Patrick Franklin Carnesville Milhollin, Henry R. (Post #2) Coffee Rt. 2, Douglas Mitchell, Thomas M. (Seat #1) Whitfield 1500 Underwood St., Dalton Mixon, Harry Irwin 1st State Bank Bldg., Ocilla Moate, Marvin E. Hancock 608 Rabun, Sparta Moore, John Harvey Polk 503 N. Cave Spring St., Cedartown Morgan, Handsel Gwinnett Buford Morgan, Jack H. (Post #2) Newton Rt. 4, Covington Mullis, J. R. (Jim) Bleckley 204 Cherry St., Cochran Murphy, Thomas B. Haralson 114 Sharp St., Bremen Nessmith, Paul E., Sr. Bulloch Rt. 4, Statesboro Newton, A. Sid Jenkins RFD #4, Millen Newton, David L. Colquitt Rt. 2, Norman Park Odom, Colquitt H. Dougherty 706-3rd Ave., Albany Overby, Howard T. (Seat #2) Hall 1173 Riverside Dr., Gainesville Pafford, Robert C. Lanier Box 413, Lakeland Paris, James W. Barrow 306 W. Wright St., Winder Parker, H. Walstein Screven Sylvania Partridge, Henry F. Lincoln Rt. 2, Box 20, Lincolnton Payton, Henry N. Coweta P.O. Box 554, Newnan Perry, Eldridge W. Marion Buena Vista Perry, G. Ed, Dec'd 4-1-63 Evans Claxton Peterson, David C. Houston Kathleen Phillips, G. S. Columbia Harlem Pickard, Mac Muscogee Box 1657, 1701 Crest Drive, Columbus Ponsell, W. K. (Post #1) Ware Rt. 1, Waycross Poole, Will Pickens Jasper Pope, Marion T., Jr. (Post #2) Cherokee P.O. Box 589, Canton Poss, Edwin C. Madison Rt. 1, Hull Rainey, Howard Crisp 201-8th St., S. Cordele Raulerson, Louis T. Echols Haylow Reaves, Henry L. Brooks Rt. 2, Quitman Rhodes, J. R. (Jimmy), Jr. Baker Newton Richardson, Willis J. (Dick), Jr. Chatham P.O. Box 2194, 31 W. Congress St., Savannah Roberts, Corbin Carlton Jones Gray Rodgers, H. Ben Charlton Folkston Roper, Allen P. Greene Greensboro Rowland, Emory L. Johnson Wrightsville Russell, Henry P., Jr. Thomas Rt. 1, Boston Rutland, Guy W., Jr. DeKalb P.O. Box 187, Decatur Sangster, Thomas I., Res. 4-1-63 Dooly Vienna Scarborough, John C., Jr. Crawford Roberta Sewell, J. W. Sumter Plains Shaw, J. Tyron, Res. 3-18-63 Long Ludowici Shea, Bart E. Chatham 920 Realty Bldg., Savannah Shuman, Jack W. Bryan Box 158, Pembroke Simmons, J. Grover Banks Rt. 1, Baldwin Simpson, Mackie Wheeler Glenwood Sinclair, J. Paul Macon Montezuma Singer, Sam S. Stewart Lumpkin Smith, A. C. Forsyth Rt. 3, Cumming Smith, E. B., Jr. Telfair McRae Smith, Geo. L., II Emanuel Swainsboro Smith, George T. Grady P.O. Box 156, Cairo Smith, Richard Russell Habersham P.O. Box 33, Clarkesville Smith, Virgil T. (Seat #2) Whitfield Cochran Dr., Dalton Snow, Wayne, Jr. Walker Rt. 2, Chickamauga Spikes, Harry R. Troup 110 College Ave., LaGrange Stalnaker, Paul Houston 112 Pattie Dr., Warner Robins Steis, William Burton Harris Hamilton Story, Earl P. Gwinnett Lawrenceville Stuckey, W. S. Dodge Box 301, Eastman Tabb, Buck Miller 122 Main St., Colquitt Teague, E. W. (Bill) (Bracket #1) Cobb 1000 Bouldercrest Dr., Marietta Todd, W. G. Glascock Gibson Towson, William Malcolm Laurens P.O. Box 685, Morris Office Bldg., Dublin Tucker, Joe B. (Seat #2) Catoosa Ringgold Tucker, Memory King Burke Box 54, Waynesboro Twitty, Frank S. Mitchell Camilla Underwood, Joe C. Montgomery Mt. Vernon Underwood, Ralph R. Taylor P.O. Box 279, Butler Vaughn, Clarence R., Jr. Rockdale Conyers Waldrop, Hayne, Res. 3-16-63 Carroll P.O. Box 253, Villa Rica Walker, Fred H. Lowndes 2117 Jerry Jones Drive, Valdosta Ware, J. Crawford Troup 2 S. Highway, Hogansville Warren, James E. Wayne Rt. 3, Box 296, Jesup Watson, Caleb Powers Pike P.O. Box 485, Molena Watts, Jesse C. Talbot Talbotton Wells, D. Warner Peach Fort Valley Wells, Hubert H. Oconee Watkinsville Wells, J. Nolan, Dec'd 3-31-63 Camden Kingsland White, Daniel H. McIntosh P.O. Box 475, Darien Wilkes, Wilson B. Cook 105 Bearcreek Rd., Adel Williams, George J. (Post #1) Coffee Box 134, Axson Williams, W. M. (Bill) (Seat #1) Hall 630 Brenau Ln., Gainesville Wilson, Hoke S. Brantley Nahunta Wilson, Joe Mack (Bracket #2) Cobb 306 Northcutt St., Marietta Woodward, Bailey Butts Box 11, Jackson

Page 3738

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES BY COUNTIES AND POST OFFICES FOR THE TERM 1963 - 1964 County Representative Post Office Appling Curtis C. Herndon Box 61, Surrency Atkinson Waldo Henderson RFD 2, Lakeland Bacon H. Dorsey Deen Rt. 4, Alma Baker J. R. (Jimmy) Rhodes, Jr. Newton Baldwin J. Floyd Harrington (Post #1) Milledgeville Philip M. Chandler (Post #2) P.O. Box 806, 500 N. Tattnall St., Milledgeville Banks J. Grover Simmons Rt. 1, Baldwin Barrow James W. Paris 306 W. Wright St., Winder Bartow J. R. Cullens P.O. Box 326, 18 S. Erwin St., Cartersville William B. Greene 113 Luckie St., Cartersville Ben Hill A. Brad C. Dorminy, Jr. 701 W. Central Ave., Fitzgerald Berrien W. D. (Jack) Knight P.O. Box 647, Nashville Bibb Denmark Groover, Jr. P.O. Box 1353, Macon Mitchel P. House, Jr. Suite 305, Persons Bldg., Macon William E. Laite, Jr. 2948 Crestline Dr., Macon Bleckley J. R. (Jim) Mullis 204 Cherry St., Cochran Brantley Hoke S. Wilson Nahunta Brooks Henry L. Reaves Rt. 2, Quitman Bryan Jack W. Shuman Box 158, Pembroke Bulloch W. Jones Lane Statesboro Paul E. Nessmith, Sr. Rt. 4, Statesboro Burke Memory King Tucker Box 54, Waynesboro Butts Bailey Woodward Box 11, Jackson Calhoun W. Harvey Jordan Leary Camden J. Nolan Wells Deceased 3-31-63 Kingsland Candler Hines L. Brantley Metter Carroll J. Ebb Duncan W. Club Dr., Carrollton Hayne Waldrop, Res. 3-16-63 P.O. Box 253, Villa Rica Catoosa Joe T. Clark (Seat #1) Ringgold Joe B. Tucker (Seat #2) Ringgold Charlton H. Ben Rodgers Folkston Chatham Arthur J. Funk 7 Grimball River Rd., Savannah Willis J. (Dick) Richardson, Jr. P.O. Box 2194, 31 W. Congress St., Savannah Bart E. Shea 920 Realty Bldg., Savannah Chattahoochee Joe N. King P.O. Box 186, Cusseta Chattooga James H. Floyd 11 Sunset Ln., Trion Cherokee Grady Newton Coker, M.D. (Post #1) Canton Marion T. Pope, Jr. (Post #2) P.O. Box 589, Canton Clarke W. Randall Bedgood, Jr. 375 W. View Dr., Athens Chappelle Matthews 116 Shackelford Bldg., Athens Clay Henry G. McKemie Coleman Clayton Edgar Blalock Jonesboro Wm. J. (Bill) Lee RFD #1, Forest Park Clinch Grover B. Lee DuPont Cobb E. W. (Bill) Teague (Bracket #1) 1000 Bouldercrest Dr., Marietta Joe Mack Wilson (Bracket #2) 306 Northcutt St., Marietta Robert E. Flournoy (Bracket #3) Blair Bldg., Marietta Coffee George J. Williams (Post #1) Box 134, Axson Henry R. Milhollin (Post #2) Rt. 2, Douglas Colquitt Dorsey R. Matthews Moultrie David L. Newton Rt. 2, Norman Park Columbia G. S. Phillips Harlem Cook Wilson B. Wilkes 105 Bearcreek Rd., Adel Coweta Henry N. Payton P.O. Box 554, Newnan D. B. Blalock Newnan Crawford John C. Scarborough, Jr. Roberta Crisp Howard Rainey 201-8th St., South, Cordele Dade Maddox J. Hale Trenton Dawson Ralph W. Bowen Dawsonville Decatur J. Willis Conger 940 Pine St., Bainbridge R. A. Cheney Griffin 1001 College St., Bainbridge DeKalb James A. Mackay 608-10 Decatur Fed. Bldg., Decatur Guy W. Rutland, Jr. P.O. Box 187, Decatur J. Robin Harris 250 Ponce de Leon Ave., Decatur Dodge W. S. Stuckey Box 301, Eastman Dooly Thomas I. Sangster, Res. 4-1-63 Vienna Dougherty George D. Busbee 204 N. Monroe St., Albany Colquitt H. Odom 706 - 3rd Ave., Albany William S. (Billy) Lee 1215 Baker Ave., Albany Douglas Alpha A. Fowler, Jr. Douglasville Early Leon Hodges Baughman Cedar Springs Echols Louis T. Raulerson Haylow Effingham B. Frank Arnsdorff Springfield Elbert Dr. A. S. Johnson, Sr. 302 Heard St., Elberton Emanuel Geo. L. Smith II Swainsboro Evans G. Ed Perry, Dec'd 4-1-63 Claxton Fannin A. C. Duncan Box 356, McCaysville Fayette A. Hewlette Harrell P.O. Box 314, Fayetteville Floyd Sidney Lowrey (Post #1) Rt. 7, Rome J. E. (Red) Jordan (Post #2) #1 Forest Ln., Rome Forsyth A. C. Smith Rt. 3, Cumming Franklin C. Patrick Milford Carnesville Fulton Wilson Brooks 413 Grant Bldg., Atlanta Jack Etheridge 1026 Fulton Federal Bldg., Atlanta Ralph McClelland 1303 1st Nat. Bank Bldg., Atlanta Gilmer B. C. Logan, Sr. Ellijay Glascock W. G. Todd Gibson Glynn William R. Killian 1221 Pine Ave., Brunswick Joe Isenberg 4226 - 9th St., St. Simon Island Gordon Troy Causby Box 610, Calhoun Grady George T. Smith P.O. Box 156, Cairo Greene Allen P. Roper Greensboro Gwinnett Handsel Morgan Buford Earl P. Story Lawrenceville Habersham Richard Russell Smith P.O. Box 33, Clarkesville Hall W. M. (Bill) Williams (Seat #1) 630 Brenau Ln., Gainesville Howard T. Overby (Seat #2) 1173 Riverside Dr., Gainesville Hancock Marvin E. Moate 608 Rabun, Sparta Haralson Thomas B. Murphy 114 Sharp St., Bremen Harris William Burton Steis Hamilton Hart M. Parks Brown Box 307, Hartwell Heard Truitt Davis Box 153, Franklin Henry Edward E. McGarity P.O. Box 249, McDonough Houston David C. Peterson Kathleen Paul Stalnaker 112 Pattie Dr., Warner Robins Irwin Harry Mixon 1st State Bank Bldg., Ocilla Jackson Mac Barber Commerce Jasper Roy R. Kelly Monticello Jeff Davis James L. (Jimmy) Conner Hazlehurst Jefferson J. Roy McCracken Avera Jenkins A. Sid Newton RFD #4, Millen Johnson Emory L. Rowland Wrightsville Jones Corbin Carlton Roberts Gray Lamar Haygood Keadle 414 Spencer St., Barnesville Lanier Robert C. Pafford Box 413, Lakeland Laurens D. W. (Bill) Knight, Jr. Dexter William Malcolm Towson P.O. Box 685, Dublin Lee H. Goodwin Hall Rt. 2, Leesburg Liberty Charles M. Jones 206 E. Court St., Hinesville Lincoln Henry F. Partridge Rt. 2, Box 20, Lincolnton Long J. Tyron Shaw, Res.3-18-63 Ludowici Lowndes W. J. Gibbons 1206 Westwood Dr., Valdosta Fred H. Walker 2117 Jerry Jones Dr., Valdosta Lumpkin Fred C. Jones, Jr. Dahlonega Macon J. Paul Sinclair Montezuma Madison Edwin C. Poss Rt. 1, Hull Marion Eldridge W. Perry Buena Vista McDuffie Leonard N. Lokey P.O. Box 167, 902 Church St., Thomson McIntosh Daniel H. White P.O. Box 475, Darien Meriwether Render Hill Greenville Miller Buck Tabb 122 Main St., Colquitt Mitchell Frank S. Twitty Camilla Monroe Harold G. Clarke Forsyth Montgomery Joe C. Underwood Mt. Vernon Morgan E. Roy Lambert 104 Washington St., Madison Murray Gerald H. Leonard Box 291, Chatsworth Muscogee Harry Dicus Columbus Bank Tr. Co. Bldg., Columbus Milton Jones 3438 Sue Mack Dr., Columbus Mac Pickard Box 1657, 1701 Crest Dr., Columbus Newton W. D. (Donald) Ballard (Post #1) Oxford Jack H. Morgan (Post #2) Rt. 4, Covington Oconee Hubert H. Wells Watkinsville Oglethorpe George B. Brooks Crawford Paulding George Talmadge Bagby RFD #2, Dallas Peach D. Warner Wells Fort Valley Pickens Will Poole Jasper Pierce Francis Houston Blackshear Pike Caleb Powers Watson Box 485, Molena Polk Nathan D. Dean 4009 - 3rd Ave., Rockmart John Harvey Moore 503 N. Cave Spring St., Cedartown Pulaski John H. Anderson, Jr. Anderson Rd., Hawkinsville Putnam N. Dudley Horton, Jr. Eatonton Quitman Joe J. Hurst Georgetown Rabun Knox Bynum Clayton Randolph A'Delbert (Dell) Bowen 512 Court St., Cuthbert Richmond William M. Fleming, Jr. #3 Johnson Bldg., Augusta James M. Hull, Jr. Southern Finance Bldg., Augusta John C. Bell 3407 Kamel Cir., Augusta Rockdale Clarence R. Vaughn, Jr. Conyers Schley Marvin E. DeVane Ellaville Screven H. Walstein Parker Sylvania Seminole J. O. Brackin Rt. 1, Iron City Spalding Arthur K. Bolton Box 602, Griffin Quimby Melton, Jr. Rt. 3, Box 411, Griffin Stephens J. A. (Jim) Andrews 108 E. Doyle St., Toccoa Stewart Sam S. Singer Lumpkin Sumter William E. Blair 22 Laudig Lane, Americus J. W. Sewell Plains Talbot Jesse C. Watts Talbotton Taliaferro Wales T. Flynt Crawfordville Tattnall H. E. Kirkland Rt. 1, Box 2, Glennville Taylor Ralph R. Underwood P.O. Box 279, Butler Telfair E. B. Smith, Jr. McRae Terrell Ed Fulford Cinderella Lane, Dawson Thomas James W. Keyton 137 Woodland Dr., Thomasville Henry P. Russell, Jr. Rt. 1, Boston Tift Henry Banks Allen 414 W. 14th St., Tifton Warren Frank Branch Box 287, Tifton Toombs Ross P. Bowen Rt. 1, Lyons Towns Dr. John W. Acree Box 225, Hiawassee Treutlen J. Wyman Fowler Box 203, Soperton Troup Harry R. Spikes 110 College Ave., LaGrange J. Crawford Ware 2 S. Highway Hogansville Turner Roy N. Coker Box 184, Sycamore Twiggs Homer L. Chance Danville Union William T. Meeks P.O. Box 96, Blairsville Upson Johnnie L. Caldwell Thomaston Talmage B. Echols P.O. Box 349, Thomaston Walker Billy Shaw Abney P.O. Box 607, LaFayette Wayne Snow, Jr. Rt. 2, Chickamauga Walton J. T. Byrd Rt. 3, Loganville Ware W. K. Ponsell (Post #1) Rt. 1, Waycross Harry D. Dixon (Post #2) 1303 Coral Rd., Waycross Warren Bobby W. Johnson P.O. Box 122, Warrenton Washington Tom C. Carr Smith St., Sandersville Wayne James E. Warren Rt. 3, Box 296, Jesup Webster J. Lucius Black Preston Wheeler Mackie Simpson Glenwood White Thomas James McDonald, Jr. P.O. Box 204, Cleveland Whitfield Thomas M. Mitchell (Seat #1) 1500 Underwood St., Dalton Virgil T. Smith (Seat #2) Cochran Dr., Dalton Wilcox Cecil D. Crummey, Dec'd 2-20-63 Rochelle Wilkes William R. Lindsey P.O. Box 337, Washington Wilkinson E. Brooks Lewis P.O. Box 296, Gordon Worth David Campbell Jones P.O. Box 90, Sylvester

Page 3747

RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR YEARS 1953-1962 AS OF MAY, 1963 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 7 1 39 1961 27 1 26 1962 38 3 1 34 TOTAL 308 23 11 274

Page 3748

REFERENDUM ELECTIONS1953-1960 The Act, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. sess., page 523), provides that the results of all referendum elections which are provided for by any local or special law enacted by the General Assembly of Georgia shall immediately be certified, by the authority holding such election, to the Secretary of State. In addition thereto, the citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. Georgia Laws 1953, January-February session : County Page No. SUBJECT Date of Election Result Carroll 3012 Town Mt. Zion 3-21-53 For55 Agn30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11-2-54 For1152 Agn565 Gilmer 3103 City of Ellijay 6-1-53 For69 Agn151 Gilmer 588 City of Ellijay 6-1-53 For69 Agn151 Gwinnett 3187 City of Lawrenceville 6-27-53 For55 Agn61 Irwin 2495 Tax Commissioner 11-2-54 For568 Agn694 Mitchell 2577 City Treasurer of Camilla Not held Murray 2458 Town of Spring Place 5-19-53 For36 Agn48 Murray 2340 City of Chatsworth Status unknown Murray 2444 Tax Commissioner 4-21-53 For553 Agn261 Troup 2276 City of West Point 4-1-53 For250 Agn112 Whitfield 2128 City Court of Dalton 3-26-53 For210 Agn2613

Page 3749

Georgia Laws 1953, November-December session : County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 Agn648 Cherokee 2668 Certain county officers on salary basis 11-2-54 For913 Agn674 Clayton 2855 City of Forest Park Status unknown Clayton 2029 City of Lake Tara 12-9-53 For64 Agn229 Clayton 2064 City of Lake Tara Status unknown Coweta 2040 City of Newnan 2-6-54 For1406 Agn603 Crisp 2407 City of Cordele 10-5-54 City vote : For202; Agn132 County vote : For23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For200 Agn527 DeKalb 2578 City of Decatur 10-21-54 For466 Agn827 Early 2282 City of Blakely 4-19-54 For45 Agn82 Elbert 2987 City of Elberton 3-23-54 For958 Agn248 Forsyth 2674 County indebtedness for building purposes Status unknown Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn164 McDuffie 2584 City of Thomson 3-12-64 For253 Agn290 Miller 2814 City Court of Miller County 9-8-54 Status unknown Richmond 2610 City of Augusta Status unknown Richmond 2476 City of Augusta 11-17-54 For259 Agn189 Sumter 2972 Tax Millage 1-12-54 For382 Agn431 Troup 2858 City of West Point 1-27-54 City vote : For140; Agn6 Outside city vote : For64; Agn53 Twiggs 2570 County Commissioners 11-2-54 For161 Agn626 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1955 : County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55* For1079 *Special election held May 31, 1955 and 2 additional members elected. Agn716 Clarke 3057 Merger city and county school systems 5-4-55 For1124 Agn564 Clayton 2781 City of Morrow 4-16-55 For75 Agn30 Clayton and Fulton 2884 City of College Park 5-14-55 For46 Agn13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. For750 Multiple Com. For5013 (2) Co. Exec . For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3-7-56 For4471 Agn522 Fulton 2650 City of Hapeville Status unknown Gwinnett 3163 City of Lawrenceville 3-19-55 For25 Agn89 Hall 3040 Tax Commissioner 11-28-55 For2163 Agn775 Hall 2627 Certain county officers on salary basis 11-28-55 For2144 Agn826 Houston 2093 City of Warner Robins 4-5-55 For234 Agn547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For337 Agn109 Rockdale 2428 Certain county officers on salary basis 4-16-55 For610 Agn877 Tift 2344 City of Tifton 4-27-55 For764 Agn270 Wayne 2858 City of Jesup 4-27-55 For383 Agn206 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 3752

Georgia Laws, 1956 : County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4-3-56 For1394 Agn1385 Baldwin (1 of 2) 2865 City of Milledgeville 7-18-56 For107 Agn58 Baldwin (1 of 2) 2865 City of Milledgeville 10-15-56 For463 Agn243 Baldwin 3003 City of Milledgeville 7-18-56 For12 Agn51 Banks 2056 Supplemental salary for Sheriff 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5-4-56 For13 Agn103 Carroll 2797 Judge, City Court of Carrollton 11-6-56 For1305 Agn2344 Carroll 2877 Police court of Whitesburg Status unknown Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton (1 of 2) 2040 City Manager, City of Forest Park Status unknown Clayton (1 of 2) 2040 City of Forest Park Status unknown Clayton 2518 City of Mountain View 3-24-56 For341 Agn44 Clayton 2744 City of College Park 4-28-56 For28 Agn22 Colquitt 2399 Certain county officers on salary basis 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10-1-56 * * West Moultrie Area: For1986; Agn169 [UNK] City vote : Colonial Heights Area: For2002; Agn159 Crestwood Gardens Area: For2005; Agn167 East Moultrie Area: For2004; Agn165 Tifton Highway Area: For1989; Agn173 Sylvester Drive Area: For1976; Agn175 Area 1West Moultrie Area: For99; Agn57 [UNK] Area vote : Area 2Colonial Heights Area: For145; Agn83 Area 3Crestwood Gardens Area: For27; Agn87 Area 4East Moultrie Area: For41; Agn147 Area 5Tifton Highway Area: For29; Agn107 Area 6Sylvester Drive Area: For78; Agn144 DeKalb 2932 City Court of Decatur 5-16-56 For12,520 Agn5,846 DeKalb (1 of 2) 3237 Multiple commission form of government 5-16-56 For18,393 Agn2,001 DeKalb (1 of 2) 3237 Commission Chairman 5-16-56 For: (a)4,743 For: (b)15,300 Fayette 2022 Tax Commissioner 2-25-56 For292 Agn37 Glascock 3507 Traveling expenses for Sheriff 3-14-56 For498 Agn227 Gwinnett 2502 Tax Commissioner 11-6-56 For3,383 Agn1,641 Hall 3166 City of Lula 3-27-56 Belton vote : For64; Agn2 Lula vote : For35; Agn3 Houston 2510 City of Warner Robins 5-8-56 For215 Agn30 Jackson 2887 City Court of Jefferson 9-12-56 For972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For231 Agn580 Murray 3476 Chatsworth 8-25-56 For77 Agn109 Muscogee 2386 City of Columbus 9-12-56 City vote : For6179; Agn2356 Outside city vote : For516; Agn2070 Newton 2507 City of Covington 5-1-56 For109 Agn90 Richmond 2406 Sale of Allen ParkCity of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote : For948; Agn595 Affected area For365; Agn400 Thomas 3159 Certain county officers on salary basis 4-24-56 For902 Agn939 Thomas 3510 Tax Commissioner 4-24-56 For876 Agn957 Troup 2827 City of Hogansville 7-18-56 City vote : For216; Agn117 Outside city vote : For41; Agn159 Troup 3078 City of Hogansville 7-18-56 For257 Agn276 Troup 3423 City of North West Point 4-25-56 For34 Agn111 Walker 2995 Town of Linwood Status unknown Whitfield 2093 City of Dalton 3-15-56 For985 Agn1831 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1957 : County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For1010 Agn314 Bulloch 2877 City of Statesboro 7-26-57 Area 1 : For312; Agn14 Area 2 : For312; Agn14 Area 3 : For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For422 Agn128 Clarke 2033 City of AthensMayor and City Council 2-27-57 For617 Agn2112 Clarke 2036 RecorderCity of Athens 2-27-57 For714 Agn2047 Cobb 3020 City of Acworth 5-4-57 For73 Agn181 Coffee 2833 City Commissioners of City of Douglas 5-29-57 For485 Agn99 Colquitt 2205 City of Moultrie 3-11-57 For25 Agn53 Cook 3253 County Commissioners 5-8-57 For227 Agn364 Dougherty 2595 City of Albany 5-20-57 For325 Agn720 Douglas 2358 City of Douglasville 5-3-57 City vote : For50; Agn53 Affected area : For2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote : For: Area 1 and 2 Outside city vote : For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For27 Agn4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4-6-57 For784 Agn924 Miller 2194 County Commissioners 4-2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote : For78; Agn12 Outside city vote : For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For75 Agn10 Polk 2185 City of Cedartown 5-8-57 For656 Agn934 Pulaski 3353 City of Hawkinsville 4-30-57 For115 Agn266 Spalding 2809 City of Griffin 4-30-57 For552 Agn317 Twiggs 3002 County Commissioners 5-22-57 For156 Agn174 Walker 2419 Town of Linwood 4-27-57 For71 Agn29 Wilkinson 2383 Town of McIntyre 5-25-57 For49 Agn18 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1958 : County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7-2-58 For206 Agn197 Baldwin 3302 County Commissioner 11-4-58 For932 Agn717 Barrow 2338 City of Winder 6-4-58 For131 Agn229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County officers on salary basis 9-10-58 For3462 Agn1356 Brooks 2859 City Commission of Quitman 5-27-58 For173 Agn74 Chatham 2617 Town of Thunderbolt 1-20-59 For291 Agn115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Compensation of Sheriff 11-4-58 For55 Agn30 Cherokee 2437 City of Canton 5-7-58 For119 Agn483 Cherokee 2661 City of Canton 5-7-58 For223 Agn37 Clayton 3022 City of Mountain View In litigation Clayton 3397 City of Forest Park Status unknown Clayton and Fulton 2309 City of College Park 5-19-58 For2 Agn0 Clayton and Fulton 2363 City of College Park 5-14-58 For10 Agn0 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For53; Agn1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote : For41; Agn1 Affected area : For91; Agn41 Dodge 2207 County Commissioners 3-18-58 For571 Agn2997 Early 2829 City of Blakely 8-12-58 For59 Agn96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1- City vote : For227; Agn15 Outside city : For143; Agn54 Parcel #2- City vote : For229; Agn15 Outside city : For39; Agn40 Parcel #3- City vote : For230; Agn14 Outside city : For24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For162 Agn282 Franklin 2644 City of Carnesville 4-22-58 For33 Agn21 Fulton 2721 City of College Park 6-3-58 For738 Agn340 Fulton and Clayton 2453 City of College Park 5-19-58 For2 Agn0 Fulton and Clayton 2854 City of College Park 5-14-58 For0 Agn0 Fulton and Clayton 3212 City of East Point 7-16-58 For63 Agn28 Gordon 2131 City of Calhoun 3-26-58 City vote : For234; Agn75 County vote : For203; Agn256 Hall 2279 Gainesville City Commission 4-1-58 For925 Agn169 Haralson 2820 Millage for education purposes. Not held as of 4-18-60 Henry 3127 Certain county officers on salary basis 5-21-58 For346 Agn206 Henry 3132 City of Stockbridge 4-30-58 City vote : For61; Agn75 Outside City : For16; Agn116 Henry 3200 City of Hampton 4-30-58 City vote : For92; Agn3 Outside City : For37; Agn9 Henry 3367 City of McDonough Status unknown Jasper 2922 City of Monticello 6-3-58 City vote : For147; Agn107 Outside City : For15; Agn50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn901 Lowndes 2624 City of Valdosta 4-14-58 For907 Agn243 Newton 2269 City of Covington 7-9-58 For151 Agn460 Polk 2468 Town of Van Wert 9-10-58 For7 Agn57 Pulaski 2826 Tax Commissioner 11-4-58 For222 Agn235 Putnam 2980 City of Eatonton 6-11-58 For42 Agn257 Tift 2697 City of Tifton 5-7-58 For669 Agn43 Tift 2696 City of Tifton 4-30-58 For333 Agn286 Tift 2930 City of Tifton Commissioners 5-28-58 For338 Agn338 Ware 2763 City of Manor 5-17-58 For19 Agn100 Wilkes 2091 County Commissioners 11-4-58 For749 Agn98 White 3224 County Commissioners Not held This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1959 : County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For79 Agn154 Bartow 2793 City of Cartersville 4-29-59 For3 Agn21 Bartow 2797 City of Adairsville 5-12-59 For77 Agn120 Bartow 2907 City of White (Sec. 2) 5-16-59 For7 Agn36 Bartow 2907 City of White 5-16-59 For27 Agn45 Bartow 2920 City of Kinston 5-16-59 For49 Agn2 Catoosa 2161 County Commissioners 3-28-59 For718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For160 Agn462 Cherokee 2494 Certain County officers on salary basis 4-4-59 For1522 Agn509 Clayton and Fulton 2499 City of College Park 5-18-59 For14 Agn38 Clayton and Fulton 2508 City of College Park 5-18-59 For0 Agn0 Clayton and Fulton 2516 City of College Park 5-18-59 For5 Agn0 Clayton and Fulton 2521 City of College Park 5-18-59 For3 Agn0 Cobb 3142 City of AustellParcel #2 8-18-59 For7 Agn8 Cobb 3142 City of AustellParcel #3 8-4-59 For2 Agn11 Cobb 3142 City of AustellParcel #1 8-25-59 For5 Agn49 Colquitt 2397 TaxationCity of Norman Park 5-25-59 For50 Agn81 Dougherty 2091 County Commissioners 4-12-60 For755 Agn417 Dougherty 3064 City of Albany 6-8-59 For1413 Agn710 Douglas 2871 City of Lithia Springs 4-8-59 For241 Agn569 Douglas 3142 City of AustellParcel #4 * * See Cobb County1 of 4 elections held. 8-11-59 ** ** Certified copy of Order of Ordinary on file in this office, under date of January 5, 1960, declaring the election held August 11, 1959 to be null and void. For14 Agn15 Elbert 2627 County Commissioners 4-8-59 For804 Agn436 Elbert 2621 Tax Commissioner 4-8-59 For1041 Agn203 Elbert 2624 Certain County officers on salary basis 4-8-59 For1014 Agn228 Emanuel 2592 City of Twin City 5-4-59 For200 Agn162 Gwinnett 3161 City of Dacula 5-9-59 For82 Agn45 Habersham 2178 City of Cornelia 4-13-59 For102 Agn91 McDuffie 2568 County officials on salary system 6-30-59 For502 Agn75 Meriwether and Talbot 2534 City of Manchester 4-1-59 For109 Agn30 Newton 2780 City of Oxford 5-1-59 For30 Agn36 Polk 2171 City of Cedartown 5-19-59 City vote : For387; Agn75 County vote : For86; Agn291 Polk 2732 Certain County officers on a salary basis 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4-8-59 For1510 Agn827 Turner 2575 County Commissioners Not held * * Act declared unconstitutional by Turner Superior Court and no election held. Union 2053 County Commissioners 3-17-59 For810 Agn1629 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1960 : County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn767 Berrien 3301 City of Nashville 11-8-60 For466; Agn418 Bibb 3223 Macon Bibb County incorporated 6-1-60 City vote : For4598; Agn4288 Outside City vote : For1902; Agn7368 Payne City vote : For37; Agn55 Chatham 2273 Town of Thunderbolt 1-17-61 For151 Agn283 Chattooga 2715 Town of Trion 5-5-60 For53 Agn25 Clarke 2234 City of Athens 4-13-60 For276 Agn522 Cobb 2127 City of Smyrna Status unknown Coweta 3020 City of Newnan 4-30-60 For320; Agn146 Douglas and Cobb 2118 City of Austell 3-26-60 For27 Agn38 Dodge 2608 Town of Rhine 4-27-60 For146 Agn4 DeKalb 3158 City of Decatur 12-7-60 Status unknown Emanuel 2360 County Commissioners 11-8-60 For877 Agn2080 Evans 2251 City of Claxton 5-5-60 Proposed Area : For32; Agn62 Within City vote : For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3-9-60 For2296 Agn1038 Fulton and Clayton 2849 City of College Park 5-14-60 For6 Agn0 Fulton and Clayton 2854 City of College Park 5-16-60 For21 Agn15 Greene 3089 Tax Commissioner 4-28-60 For801 Agn823 Greene 3093 Certain County officers on salary basis 4-28-60 For822 Agn835 Henry 3297 City of McDonough 5-18-60 Inside City vote : For61; Agn35 Outside City vote : For41; Agn83 Houston 2605 Tax Commissioner 11-8-60 For4057 Agn959 Jefferson 2913 Town of Avera 9-15-60 Status unknown Lamar 2294 Certain County officers on salary basis 5-11-60 For131 Agn193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn573 Lowndes 3125 City of Valdosta 4-15-60 For87 Agn656 McIntosh 2888 Clerk Superior Court 5-28-60 Status unknown McIntosh 2893 Sheriff 5-28-60 Status unknown McIntosh 2899 Tax Commissioner 5-28-60 Status unknown McIntosh 2904 Ordinary 5-28-60 Status unknown Mitchell 2301 City of Camilla 4-27-60 City of Camilla For45; Agn15 Mitchell County For8; Agn1 Morgan 2518 Certain County officers on salary basis 3-15-60 For1894 Agn332 Murray 3180 City of Spring Place Not held as of 9-8-60 Polk 2111 City of Cedartown 3-22-60 For74 Agn50 Pulaski 2991 Clerk Superior Court 9-14-60 For798 Agn962 Pulaski 2995 Tax Collector 9-14-60 For803 Agn952 Pulaski 2998 Ordinary 9-14-60 For805 Agn949 Pulaski 3001 Sheriff 9-14-60 For810 Agn953 Pulaski 3009 Tax Receiver 9-14-60 For777 Agn952 Rabun 2417 City of Clayton 5-25-60 For46 Agn160 Rockdale 2028 City of Conyers 3-2-60 For134 Agn283 Stewart 2051 County Commissioner and creation of Advisory Board 3-16-60 For418 Agn297 Walton 2056 Certain County officers on salary basis 3-9-60 For3092 Agn918 Walton 2063 County Commissioners 3-9-60 For2748 Agn1117 Walton 2067 Tax Commissioner 3-9-60 For3181 Agn900 Wayne 2202 County Commissioners 3-4-60 For458 Agn1672 Whitfield 2003 County Commissioner 3-2-60 For955 Agn1042 Whitfield 2007 Certain County officers on salary basis 3-2-60 For1272 Agn746 Whitfield 2019 Tax Commissioner 3-2-60 For1227 Agn806 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 3768

Georgia Laws, 1961 : County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For514 Agn292 Bartow 2782 City of Cartersville 6-10-61 For6 Agn44 Void1 Bartow 3382 City of Cartersville 6-10-61 For29 Agn20 Void3 Bartow 3469 City of Cartersville 6-10-61 For205 Agn159 Void2 Bibb 2441 City of Macon 5-24-61 City vote : For1560; Agn445 Outside City vote : For12269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For267 Agn764 Void7 Chatham 2969 City of Savannah 5-10-61 City of Savannah : For9176; Agn1679 Zone No. 1 : For886; Agn759 Zone No. 2 : For123; Agn277 Chatham 3072 Civil Service System 4-20-61 For137 Agn144 Chattooga 2658 City of Summerville 5-27-61 For338 Agn241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For61 Agn56 Void3 Early 2260 City of BlakelySouth City Limits 6-14-61 For35 Agn56 Void1 Forsyth 2252 City of Cumming 4-1-61 City vote : For108; Agn26 Outside City vote : For41; Agn142 Gwinnett 2583 City of Norcross 5-20-61 City vote : For45; Agn25 Outside City vote : For21; Agn43 Gwinnett 3156 City of Suwanee 4-29-61 For56 Agn15 Laurens 2598 City of Dublin 8-2-61 For1077 Agn463 Meriwether 2760 City of Manchester 5-3-61 For614 Agn322 Meriwether 3058 Creates Board County Commissioners 5-31-61 For860 Agn320 Meriwether 3223 Abolish office Treasurer 5-31-61 For680 Agn493 Meriwether 3416 Tax Commissioner compensation 5-31-61 For940 Agn243 Meriwether 3456 Certain County officers compensation 5-31-61 For938 Agn254 Monroe 2994 City of Forsyth 10-4-61 For668 Agn245 Murray 3403 City of Spring Place 6-24-61 For24 Agn19 Pike 2704 City of Zebulon 5-6-61 For52 Agn1 Polk 2931 City of Rockmart 12-2-61 See below * * Result: City of Rockmart For: 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 For331 Agn954 Void6 Troup 2650 City of West Point 4-26-61 For143 Agn224 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.

Page 3771

Georgia Laws 1962 : Coutny Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4-4-62 For153 Agn119 Chatham 2707 Town of Pooler 4-26-62 For110 Agn114 Clarke 2677 City of Athens 5-23-62 For643 Agn521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5-5-62 For32 Agn37 Clayton Fulton 2599 City of College Park 6-1-62 For214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For4 Agn160 Columbia 2713 City of Martinez 9-12-62 For85 Agn573 Emanuel 2359 Board of County Commissioners 11-6-62 For450 Agn484 Fulton 2473 City of East Point 5-9-62 For1 Agn3 Fulton 2854 City of East Point 5-9-62 For1 Agn6 Fulton 2861 City of East Point 5-9-62 For6 Agn31 Fulton 3130 City of East Point 5-9-62 For25 Agn22 Gwinnett 2364 Unlawful to own and operate pinball machines, etc. 11-6-62 For1737 Agn638 Henry 2403 Town of Locust Grove 4-25-62 For20 Agn27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12-5-62 Inside City For385; Agn108 Outside City For58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For29 Agn4 Laurens 3052 Office of County Treasurer abolished Status Unknown Meriwether 2244 City of Manchester 3-28-62 For234 Agn66 Meriwether 2396 City of Manchester 3-28-62 For251 Agn47 Meriwether 2422 City of Manchester 3-28-62 For224 Agn67 Meriwether 2603 City of Manchester 3-28-62 For231 Agn76 Meriwether 2613 City of Manchester 3-28-62 For227 Agn57 Mitchell 2158 City of Camilla 4-24-62 For15 Agn0 Murray 2576 City of Chatsworth 6-23-62 For143 Agn183 Muscogee 2164 Columbus-Muscogee Board of Commissionerscreation of 4-11-62 Muscogee County For6612; Agn9103 City of Columbus For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For550 Agn167 Oglethorpe 3202 City Court of Lexingtonabolish 11-6-62 For392 Agn180 Putnam 2440 Certain county officers, compensation 11-6-62 For626 Agn129 Putnam 3048 Office of Tax Commissionercreated 11-6-62 For548 Agn184 Terrell 2537 City of Dawson Status Unknown Terrell 3186 City of Dawson Status Unknown Upson 2074 City of Thomaston 4-3-62 For577 Agn543 Warren 2981 Clerk Superior Court attend Court of Ordinary, when 11-6-62 For281 Agn313 Washington 3038 City of Tennille 5-2-62 In proposed areas For13; Agn44 In City Tennille For139; Agn58 Wayne 3110 Board of County Commissionerscreation of 11-6-62 For664 Agn449 Wilkinson 2847 Town of McIntyre 4-7-62 For70 Agn21

Page 3774

RESULTS OF CONSTITUTIONAL AMENDMENTS OF 1962 A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions contained in the proposed Amendments to the Constitution of the State of Georgia, an Executive Proclamation was issued and published as provided in said Acts and as required by the Constitution of this State, submitting the following proposed Amendments for ratification or rejection by the qualified voters of the State at the General Election held Tuesday, November 6, 1962, and the following are the votes received: FOR AGAINST 1 . (Ga. Laws, 1961, p. 595) Amendment to the Constitution so as to preserve inviolate freedom from compulsory association at all levels of public education and to require the General Assembly to provide funds for an adequate education for the citizens of Georgia. 125,684 82,250 1A . (Ga. Laws, Sept./Oct. 1962, Ex. Session, p. 51) Amendment to the Constitution so as to provide for the composition of the State Senate, the manner of election of State Senators, the ratification of the apportionment of the Senate and the election of Senators. 119,502 75,598 2 . (Ga. Laws, 1962, p. 1078) Amendment to the Constitution so as to authorize the General Assembly to provide for the payment of grants to counties under certain conditions. 106,878 84,371 3 . (Ga. Laws, 1962, p. 752) Amendment to the Constitution so as to provide for improved appropriations control and to promote economy and efficiency in budget matters. 131,825 59,765 4 . (Ga. Laws, 1962, p. 1192) Amendment to the Constitution so as to create the Department of Industry and Trade and to provide for a Board of Commissioners for said Department. 116,644 75,700 5 . (Ga. Laws, 1961, p. 614) Amendment to the Constitution so as to provide that certain compensation of peace officers shall be deemed to be a subsistence allowance. 71,788 125,035 6 . (Ga. Laws, 1962, p. 750) Amendment to the Constitution so as to furnish the people's elected representatives in the General Assembly sufficient time to study matters relating to the expenditure of public funds. 129,558 61,982 7 . (Ga. Laws, 1962, p. 801) Amendment to the Constitution so as to allow any county or municipality in this State to borrow the necessary funds to defray the cost of property valuation and equalization programs for ad valorem tax purposes. 108,418 82,084 8 . (Ga. Laws, 1962, p. 1039) Amendment to the Constitution so as to provide for repayment of medical loans and scholarships by service at any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections. 118,005 72,502 9 . (Ga. Laws, 1962, p. 1114) Amendment to the Constitution of the State of Georgia, authorizing the General Assembly to delegate to counties the right to levy taxes for public transportation, and declaring the same to be an essential governmental function. 86,809 106,294 10 . (Ga. Laws, 1962, p. 1013) Amendment to the Constitution so as to disqualify write-in candidates unless they have given notice of candidacy ten (10) days prior to election, and to authorize the General Assembly to enact other regulations. 81,935 113,763 11 . (Ga. Laws, 1962, p. 1009) Amendment to the Constitution so as to increase and change the provisions relating to the payment authorized for bringing in the first commercial oil well. 87,777 98,796 12 . (Ga. Laws, 1962, p. 1005) Amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia, as amended, authorizing any county, municipal corporation or political subdivision of the State to issue and sell revenue bonds and to refund any such bonds to provide funds for the purpose of carrying out slum clearance and redevelopment work and to pledge certain taxes for that purpose. 92,124 99,138 13 . (Ga. Laws, 1962, p. 978) Amendment to the Constitution so as to extend the power of taxation over the whole State exercised by the General Assembly to include a tax for school lunch purposes. 93,756 103,813 14 . (Ga. Laws, 1962, p. 806) Amendment to the Constitution so as to allow counties to undertake and carry out a slum clearance and redevelopment program. 123,923 68,866 15 . (Ga. Laws, 1962, p. 790) Amendment to the Constitution so as to provide for the General Assembly enacting legislation over the Governor's veto. 119,084 71,405 THEREFORE: I, S. Ernest Vandiver, Governor of the State of Georgia, do hereby proclaim that general Amendments Nos. 1, 1A, 2, 3, 4, 6, 7, 8, 14, 15, having been ratified according to the Constitution of this State according to the results of the General Election, certified to me by the Secretary of State, are hereby declared to be a part of the Constitution of the State of Georgia, effective this date. Amendments Nos. 5, 9, 10, 11, 12, 13, not having been ratified are hereby declared not to be a part of the Constitution of Georgia, effective this date. Given under my hand and the Great Seal of the State of Georgia, in the City of Atlanta, this the 16th day of November, 1962, and of the Independence of the United States of America, the One Hundred and Eighty-Seventh. S. ERNEST VANDIVER Governor

Page 3777

BY THE GOVERNOR: CHARLES T. WHITE Secretary, Executive Department BEN W. FORTSON, JR. Secretary of State

Page 3778

A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions contained in the proposed Amendments to the Constitution of the State of Georgia, an Executive Proclamation was issued and published as provided in said Acts and as required by the Constitution of this State, submitting the following proposed local amendments for ratification or rejection by the qualified voters of the State at the General Election held Tuesday, November 6, 1962, and the following are the votes received by each such Constitutional Amendment in the particular County or Counties affected by each such local Amendment to-wit: FOR AGAINST BACON COUNTY 96 33 16 . (Ga. Laws, 1962, p. 849) Amendment to the Constitution so as to create the Bacon Industrial Building Authority. BAKER COUNTY 256 181 17 . (Ga. Laws, 1961, p. 618) Amendment to the Constitution so as to provide that the members of the Board of Education of Baker County shall be elected from districts, but by the voters of the entire county. BANKS COUNTY 235 54 18 . (Ga. Laws, 1962, p. 939) Amendment to the Constitution so as to create the Banks County Industrial Building Authority. BARROW COUNTY 414 210 19 . (Ga. Laws, 1962, p. 1027) Amendment to the Constitution so as to create the Barrow County Industrial Building Authority. BARTOW COUNTY 952 252 20 . (Ga. Laws, 1962, p. 1021) Amendment to the Constitution so as to create the Cartersville Development Authority. BEN HILL COUNTY 21 . (Ga. Laws, 1962, p. 1011) Amendment to the Constitution so as to create the Fitzgerald and Ben Hill County Development Authority. City of Fitzgerald For: 690 Against: 129 Ben Hill County For: 73 Against: 14 BERRIEN COUNTY 383 122 22 . (Ga. Laws, 1962, p. 819) Amendment to the Constitution so as to create the Berrien County Industrial Building Authority. BIBB COUNTY 5,114 2,715 23 . (Ga. Laws, 1961, p. 611) Amendment to the Constitution so as to authorize the governing authority of Bibb County to levy and collect business license taxes and fees and prescribe and enforce regulations, within that area of Bibb County lying outside the corporate limits of any municipality. BIBB COUNTY 24 . (Ga. Laws, 1962, p. 885) Amendment to the Constitution so as to permit the governing authorities of the County of Bibb and of the City of Macon to appropriate, with limitations, properties, moneys and services, directly or through the Macon-Bibb County Industrial Authority so as to encourage, induce, assist, and promote the location and expansion of industrial and commercial facilities throughout the territorial limits of the County of Bibb; to permit said governing authorities to contract services from said Industrial Authority and to ratify the Act creating the Macon-Bibb County Industrial Authority. City of Macon Upper City : For: 354 Against: 101 Lower City : For: 102 Against: 45 East Macon #1 Fort Hawkins : For: 436 Against: 176 Burdell : For: 42 Against: 11 East Macon #2 Alex III : For: 404 Against: 101 Hunt : For: 32 Against: 7 Vineville #1 Clisby : For: 985 Against: 215 Williams : For: 108 Against: 16 Vineville #2 Lanier, Jr. For: 681 Against: 314 Pio Nona : For: 25 Against: 7 Godfrey #1 Burke : For: 133 Against: 76 Tindell Heights : For: 45 Against: 6 Godfrey #2 Bruce : For: 539 Against: 354 Rocky Creek Fire For: 1 Against: 1 Godfrey #3 Willingham : For: 448 Against: 301 Ballard Hudson : For: 10 Against: Bibb County Howard For: 804 Against: 278 Hazzard : For: 64 Against: 57 Warrior : For: 53 Against: 81 Rutland : For: 137 Against: 148 BIBB COUNTY 25 . (Ga. Laws, 1962, p. 1112) Amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Bibb County with the authority to provide for the construction and maintenance of streets, roads, bridges, sidewalks, curbings, gutters, and related installations, both within and without the corporate limits of any municipality in said County. City of Macon Upper City : For: 373 Against: 88 Lower City : For: 104 Against: 43 East Macon #1 For Hawkins : For: 435 Against: 168 East Macon #1 Budell : For: 46 Against: 11 East Macon #2 Alex III : For: 422 Against: 87 Hunt : For: 23 Against: 10 Vineville #1 Clisby : For: 1,035 Against: 162 Williams : For: 103 Against 14 Vineville #2 Lanier, Jr. : For: 722 Against: 272 Pio Nona For: 22 Against: 9 Godfrey #1 Burke : For: 147 Against: 55 Tindelll Heights For: 35 Against: 5 Godfrey #2 Bruce : For: 582 Against: 306 Rocky Creek Fire : For: 8 Against: 2 City of Macon Godfrey #3 Willingham : For: 522 Against: 234 Ballard Hudson For: 93 Against: 14 Bibb County Howard : For: 839 Against: 226 Bibb County Hazzard : For: 69 Against: 50 Warrior : For: 50 Against: 91 Rutland : For: 119 Against: 167 BLECKLEY COUNTY 26 . (Ga. Laws, 1962, p. 1170) Amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia providing for the merger of the independent school system of Cochran and the existing school system of the County of Bleckley. Inside City Vote For 161 Against 273 Outside City Vote For 163 Against 451 BROOKS COUNTY 27 . (Ga. Laws, 1962, p. 827) Amendment to the Constitution so as to provide for the merging of the existing independent school system of the City of Quitman and the existing school district of Brooks County lying outside the corporate limits of said City into one school system coextensive with the limits of said County. City of Quitman : For: 623 Against: 74 Brooks County Morven : For: 96 Against: 135 Barney : For: 40 Against: 125 Dry Lake : For: 86 Against: 28 Williams : For: 14 Against: 85 Tallokas : For: 19 Against: 24 Dixie : For: 61 Against: 76 Nankin : For: 31 Against: 10 Hickory Head : For: 32 Against: 4 Grooverville : For: 18 Against: 14 Empress : For: 11 Against: 1 Griggs : For: 9 Against: 18 Quitman (Outside City) For: 197 Against: 53 BROOKS COUNTY 777 1,167 28 . (Ga. Laws, 1962, p. 1138) Amendment to the Constitution so as to create the Brooks County Development Authority. BURKE COUNTY 743 92 29 . (Ga. Laws, 1962, p. 910) Amendment to the Constitution so as to create the Burke County Development Authority. CALHOUN COUNTY 187 247 30 . (Ga. Laws, 1961, p. 616) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Calhoun County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. CAMDEN COUNTY 1,008 247 31 . (Ga. Laws, 1961, p. 597) Amendment to the Constitution so as to provide for the election of members of the Board of Education of Camden County by the people. CAMDEN COUNTY 178 44 32 . (Ga. Laws, 1962, p. 813) Amendment to Constitution so as to create the Kingsland Development Authority and to provide for powers, authority, funds, purposes and procedure connected therewith. CANDLER COUNTY 141 16 33 . (Ga. Laws, 1962, p. 922) Amendment to the Constitution so as to create the Candler County Industrial Authority. CARROLL COUNTY 348 374 34 . (Ga. Laws, 1962, p. 1088) Amendment to the Constitution so as to authorize the City of Carrollton to issue and sell revenue bonds. CARROLL COUNTY 66 15 35 . (Ga. Laws, 1962, p. 1126) Amendment to the Constitution so as to create the Mt. Zion, Turkey Creek and Flint Corner Development Authority. CARROLL COUNTY 408 286 36 . (Ga. Laws, 1962, p. 1135) Amendment to the Article V of the Constitution of Georgia creating the Carrollton Payroll Development Authority. CATOOSA COUNTY 603 388 37 . (Ga. Laws, 1962, p. 892) Amendment to the Constitution so as to authorize the creation of sewage districts in Catoosa County, and the levying of taxes and the issuance of bonds related thereto. CHATHAM COUNTY 2,832 13,628 38 . (Ga. Laws, 1961, p. 603) Amendment to Article 7, Section 1, Paragraph IV of the Constitution of Georgia authorizing the governing bodies in Chatham County to create tax exemptions for promotion of growth and expansion. CHATHAM COUNTY 3,954 13,662 39 . (Ga. Laws, 1962, p. 915) Amendment to the Constitution so as to create additional industrial areas in the County of Chatham. CHATHAM COUNTY 6,183 6,946 40 . (Ga. Laws, 1962, p. 1129) Amendment to the Constitution so as to authorize the General Assembly to grant the governing authority of Chatham County the right to district areas in said county outside municipalities for the purpose of providing systems of water works, sewerage, sanitation and fire protection and to authorize said county to levy a tax only upon the taxable property in such districts for the purpose of constructing and maintaining such improvements. The total levy provided for herein shall be levied without allowance of any exemptions heretofore set forth in the Constitution and Laws of this State. The provision of this amendment after adoption shall not become effective in any district wherein private water and sewerage systems now exist or are established until and unless a majority of the voters voting in an election called for said purpose in said district first approved by a vote the establishment of a district for said purposes. CHATHAM COUNTY 3,397 7,842 41 . (Ga. Laws, 1962, p. 1163) Amendment to Article VII, Section 1, Paragraph 3 of the Constitution of Georgia, providing for tax equalization in Chatham County and in the political subdivisions located therein. CHATTAHOOCHEE COUNTY 117 29 42 . (Ga. Laws, 1962, p. 1090) Amendment to the Constitution so as to provide for the appointment of the County School Superintendent of Chattahoochee County by the Board of Education of Chattahoochee County. COBB COUNTY 4,469 2,642 43 . (Ga. Laws, 1962, p. 971) Amendment to the Constitution so as to provide for the election of the members of the Board of Education of Cobb County and to provide for the election of the Cobb County School Superintendent by the Board. COBB COUNTY 951 426 44 . (Ga. Laws, 1962, p. 976) Amendment to Article VII, Section I, Paragraph IV of the Constitution of Georgia of 1945, to provide that the General Assembly may exempt from taxation in the City of Smyrna, except for school purposes and to pay interest on and retire bonded indebtedness, the homestead, not to exceed $2,000.00, of each owner actually occupying said property as a residence and homestead provided said owner is at least sixtyfive (65) years of age and has been a resident of the City of Smyrna for a period of not less than ten (10) years at the time of application by said owner for such exemption. COFFEE COUNTY 654 793 45 . (Ga. Laws, 1962, p. 883) Amendment to the Constitution creating the Coffee County Recreational Authority. COFFEE COUNTY 768 948 46 . (Ga. Laws, 1962, p. 1052) Amendment to the Constitution so as to provide for the election of the Board of Education of Coffee County by the people. CRISP COUNTY 514 303 47 . (Ga. Laws, 1961, p. 606) Amendment to Article VII, Section VII, Paragraph V, of the Constitution authorizing Crisp County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. CRISP COUNTY 519 309 48 . (Ga. Laws, 1961, p. 609) Amendment to the Constitution so as to authorize the City of Cordele to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. DAWSON COUNTY 410 26 49 . (Ga. Laws, 1962, p. 1143) Amendment to the Constitution so as to create the Dawson County Industrial Building Authority. DEKALB COUNTY 14,128 4,913 50 . (Ga. Laws, 1962, p. 982) Amendment to the Constitution so as to provide for the establishing, financing and operating a Junior College in DeKalb County and to provide the procedure connected therewith. DEKALB COUNTY 14,280 3,844 51 . (Ga. Laws, 1962, p. 998) Amendment clarifying the election of the members of the School Board of DeKalb County. DEKALB COUNTY 15,326 6,386 52 . (Ga. Laws, 1962, p. 1133) Amendment to the Constitution of the State of Georgia authorizing DeKalb County to regulate businesses operating buses on its public streets, roads and highways. DODGE COUNTY 278 1,243 53 . (Ga. Laws, 1962, p. 1151) Amendment to the Constitution so as to authorize Dodge County to levy an annual ad valorem tax for the promotion of industries, expansion of agriculture trade and commerce and in furtherance of such purpose to create the Dodge County Development Authority and to authorize the Authority to issue its Revenue Bonds and to provide the method and manner of such issuance and validation and the effect thereof. DOOLY COUNTY 453 131 54 . (Ga. Laws, 1962, p. 803) Amendment to the Constitution so as to authorize Dooly County to issue revenue bonds for the purchase, construction, lease, and sale of facilities useful to industry or commerce. DOUGHERTY COUNTY 2,108 767 55 . (Ga. Laws, 1962, p. 1122) Amendment to authorize the establishment of fire protection districts in Dougherty County outside municipalities by the Governing Authority of Dougherty County; to provide that the Governing Authority of said County may adopt and enforce fire safety regulations for said fire protection districts and for the entire area outside municipalities; to authorize the Governing Authority of Dougherty County to provide fire protection for said fire protection districts by contract or otherwise; to provide for the levy of a tax to defray the cost of fire protection for the fire districts, to repeal prior constitutional amendments and status; and for other purposes. DOUGLAS COUNTY 570 259 56 . (Ga. Laws, 1962, p. 969) Amendment to the Constitution so as to authorize the governing authority of Douglas County to license, police and regulate businesses, to adopt and enact ordinances, rules and regulations for the policing and governing of said County and to provide penalties. EARLY COUNTY 825 163 57 . (Ga. Laws, 1962, p. 808) Amendment to the Constitution so as to exempt from Early County and any incorporated city or town or school district therein ad valorem taxation for five (5) years a new manufacturing or processing plant, including the machinery and equipment therein, or any enlargement or addition thereto. ECHOLS COUNTY 51 20 58 . (Ga. Laws, 1962, p. 793) Amendment to the Constitution so as to provide for the appointment of a five member Board of Education from the county at large. ELBERT COUNTY 661 1,308 59 . (Ga. Laws, 1962, p. 963) Amendment to the Constitution to provide that the Board of Education of Elbert County shall elect a County School Superintendent. ELBERT COUNTY 1,324 536 60 . (Ga. Laws, 1962, p. 965) Amendment to the Constitution so as to provide for the election of members of the Board of Education of Elbert County and to provide staggered terms therefor. EMANUEL COUNTY 477 227 61 . (Ga. Laws, 1962, p. 758) Amendment to the Constitution so as to create the Emanuel County Development Authority. FAYETTE COUNTY 654 420 62 . (Ga. Laws, 1962, p. 795) Amendment to the Constitution so as to provide for the election of the members of the Board of Education of Fayette County by the people. FAYETTE COUNTY 516 434 63 . (Ga. Laws, 1962, p. 957) Amendment to the Constitution so as to create the Fayette County Industrial Building Authority. FAYETTE COUNTY 28 21 64 . (Ga. Laws, 1962, p. 1033) Amendment to the Constitution so as to create the Peachtree City Industrial Building Authority. FLOYD COUNTY 4,614 1,975 65 . (Ga. Laws, 1962, p. 1067) Amendment to Constitution so as to create the Rome-Floyd County Development Authority to promote industry, agriculture and commerce, to authorize the Authority to issue revenue anticipation obligations and provide the method and manner of such issuance and validation thereof, and to provide for powers, authorities, funds purposes and procedures connected with said Authority. FRANKLIN COUNTY 1,628 191 66 . (Ga. Laws, 1962, p. 1103) Amendment to the Constitution so as to create the Franklin Industrial Building Authority. FULTON COUNTY 67 . (Ga. Laws, 1962, p. 1002) Amendment of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia of 1945, so as to authorize the issuance of revenue anticipation certificates. City of Atlanta Fulton County For: 16,036 Against: 14,668 City of Atlanta DeKalb County For: 974 Against: 1,232 GILMER COUNTY 411 1,891 68 . (Ga. Laws, 1962, p. 1056) Amendment to the Constitution so as to create the Gilmer County Development Authority, and to provide for powers, authority, funds, purposes and procedures connected therewith. GLASCOCK COUNTY 62 40 69 . (Ga. Laws, 1962, p. 1065) Amendment to the Constitution so as to authorize Glascock County to issue revenue bonds for the purposes therein stated. GLYNN COUNTY 70 . (Ga. Laws, 1962, p. 810) Amendment to the Constitution so as to create the Brunswick and Glynn County Development Authority. City of Brunswick For: 1,534 Against: 555 Glynn County For: 481 Against: 152 GORDON COUNTY 223 702 71 . (Ga. Laws, 1962, p. 988) Amendment to the Article VII, Section VII, Paragraph V, of the Constitution authorizing Gordon County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. GORDON COUNTY 163 797 72 . (Ga. Laws, 1962, p. 990) Amendment to the Constitution so as to authorize Gordon County to levy a tax not to exceed one mill for the purpose of creating a fund to be used in assisting, promoting and encouraging the location of industries in Gordon County. GRADY COUNTY 657 87 73 . (Ga. Laws, 1962, p. 1200) Amendment to the Constitution so as to create the City of Cairo Development Authority as a body corporate and politic and a public instrumentality; to provide for its scope, territorial jurisdiction powers including that of eminent domain, authority including the issuance of revenue bonds, funds, purposes, duties, control, organization and procedures; to provide that the exercise by said Authority of rights and powers vested in it shall be considered lawful municipal purposes of and for said City to the extent stated; to authorize the Mayor and Council of the City of Cairo to levy an annual ad valorem tax not exceeding two mills in support of the general purposes for which said Authority is created. GREENE COUNTY 573 310 74 . (Ga. Laws, 1962, p. 985) Amendment to the Constitution so as to create the Greene County Development Authority. GWINNETT COUNTY 1,449 832 75 . (Ga. Laws, 1962, p. 927) Amendment to the Constitution so as to create the Gwinnett Industrial Building Authority. HABERSHAM COUNTY 1,113 1,408 76 . (Ga. Laws, 1962, p. 747) Amendment to the Constitution so as to provide for the election of the members of the Board of Education of Habersham County by the people. HABERSHAM COUNTY 1,315 429 77 . (Ga. Laws, 1962, p. 898) Amendment to the Constitution so as to create the Clarkesville Industrial Building Authority. HABERSHAM COUNTY 1,411 430 78 . (Ga. Laws, 1962, p. 1149) Amendment to the Constitution so as to authorize the governing authority of the City of Clarkesville to issue revenue bonds for the purpose of providing nonprofit housing for elderly persons. HALL COUNTY 79 . (Ga. Laws, 1961, p. 600) Amendment to Article VII, Section V, Paragraph I of the Constitution of Georgia, creating the Gainesville and Hall County Development Authority. City of Gainesville For: 1,376 Against: 246 Hall County For: 962 Against: 730 HALL COUNTY 1,855 1,386 80 . (Ga. Laws, 1962, p. 980) Amendment to the Constitution authorizing the governing authority of Hall County, Georgia, to construct, grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any approved subdivision whose plat is on record in the clerk's office of the superior court. HALL COUNTY 1,812 1,366 81 . (Ga. Laws, 1962, p. 1042) Amendment to the Constitution authorizing the governing authority of Hall County, Georgia. HALL COUNTY 2,102 1,126 82 . (Ga. Laws, 1962, p. 1044) Amendment to the Constitution to provide for the adoption of ordinances for policing of Hall County and enforcement of County ordinances. HALL COUNTY 2,015 1,220 83 . (Ga. Laws, 1962, p. 1063) Amendment to the Constitution so as to provide for the establishment, maintenance and operation of storm sewer, and garbage collection districts within Hall County. HARRIS COUNTY 276 211 84 . (Ga. Laws, 1962, p. 1190) Amendment to the Constitution so as to authorize the Board of Education and the Board of Health of Harris County to use funds for a program of tax equalization and reappraisal. HOUSTON COUNTY 1,839 1,141 85 . (Ga. Laws, 1962, p. 1082) Amendment to the Constitution so as to create the City of Perry Industrial Building Authority. JEFFERSON COUNTY 148 84 86 . (Ga. Laws, 1962, p. 856) Amendment to the Constitution so as to authorize the City of Louisville to levy an annual ad valorem tax for the promotion of industries, expansion of agriculture, trade and commerce and in the furtherance of such purpose to authorize the governing body of said City to issue its revenue bonds or obligations and to pledge revenues including special tax funds to the payment thereof and interest thereon and to provide the method and manner of such issuance and the validation of said bonds and the effect thereof. JENKINS COUNTY 920 119 87 . (Ga. Laws, 1962, p. 1109) Amendment to the Constitution so as to create the Jenkins County Development Authority. JOHNSON COUNTY 230 274 88 . (Ga. Laws, 1962, p. 780) Amendment to the Constitution so as to authorize Johnson County to levy an annual ad valorem tax for the promotion of industries, expansion of agriculture, trade and commerce and in furtherance of such purpose to create the Johnson County Development Authority and to authorize the Authority to issue its Revenue Bonds and to provide the method and manner of such issuance and validation and the effect thereof. LAURENS COUNTY 652 497 89 . (Ga. Laws, 1962, p. 1160) Amendment to the Constitution so as to create the City of Dublin and County of Laurens Development Authority. LAURENS COUNTY 423 529 90 . (Ga. Laws, 1962, p. 1166) Amendment to the Constitution providing for the election of Superintendent of Schools of Laurens County by the Board of Education of Laurens County; providing that said Board shall fix the qualifications and compensation of said School Superintendent. LAURENS COUNTY 681 288 91 . (Ga. Laws, 1962, p. 1168) Amendment to the Constitution providing for the election of members of the Board of Education of Laurens County by the people. LAURENS COUNTY 447 838 92 . (Ga. Laws, 1962, p. 1185) Amendment to the Constitution so as to authorize the General Assembly to abolish Justice Courts and the offices of Justices of the Peace and Notary Public ex-officio Justices of the Peace in Laurens County, and to establish a new Court in lieu thereof. LUMPKIN COUNTY 319 52 93 . (Ga. Laws, 1962, p. 1095) Amendment to the Constitution so as to create the Lumpkin County Industrial Building Authority. MACON COUNTY 669 215 94 . (Ga. Laws, 1962, p. 770) Amendment to the Constitution so as to create the Macon County Industrial Building Authority. MACON COUNTY 564 323 95 . (Ga. Laws, 1962, p. 1194) Amendment to the Constitution so as to provide for the election of the members of the Board of Education of Macon County by the people, and for the election of the County School Superintendent by the Board of Education. MADISON COUNTY 368 60 96 . (Ga. Laws, 1962, p. 951) Amendment to the Constitution so as to create the Madison County Industrial Development Authority. McDUFFIE COUNTY 97 . (Ga. Laws, 1962, p. 755) Amendment to the Constitution so as to create the Thomson-McDuffie County Industrial Development Authority. City of Thomson For: 441 Against: 673 McDuffie County Dearing : For: 81 Against: 93 Mt. Auburn : For: 3 Against: 31 Republican : For: 0 Against: 14 McINTOSH COUNTY 31 120 98 . (Ga. Laws, 1962, p. 891) Amendment to the Constitution so as to grant the governing authority of the City of Darien the authority to close streets, roads, alleys and sidewalks in said City. MITCHELL COUNTY 596 130 99 . (Ga. Laws, 1962, p. 761) Amendment to the Constitution so as to create the Mitchell County Development Authority, and to provide for powers, authority, funds, purposes and procedures connected therewith. MORGAN COUNTY 446 101 100 . (Ga. Laws, 1962, p. 1182) Amendment to the Constitution so as to create the Morgan County Development Authority. MUSCOGEE COUNTY 4,895 2,224 101 . (Ga. Laws, 1962, p. 840) Amendment to the Constitution so as to authorize Muscogee County to make appropriations to promote the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Muscogee County and environs. MUSCOGEE COUNTY 4,839 2,311 102 . (Ga. Laws, 1962, p. 999) Amendment to Article VII, Section VII, Paragraph V of the Constitution authorizing Muscogee County to issue revenue bonds for the purchase, construction, lease and sale of facilities useful to industry or commerce. OCONEE COUNTY 419 38 103 . (Ga. Laws, 1962, p. 871) Amendment to the Constitution so as to create the Oconee County Industrial Development Authority. OGLETHORPE COUNTY 332 56 104 . (Ga. Laws, 1962, p. 1188) Amendment to the Constitution so as to create the Oglethorpe Development Authority. PAULDING COUNTY 429 121 105 . (Ga. Laws, 1962, p. 1176) Amendment to the Constitution so as to create the Paulding County Industrial Building Authority. PEACH COUNTY 511 183 106 . (Ga. Laws, 1962, p. 825) Amendment to the Constitution so as to authorize the County Board of Education of Peach County to borrow funds and pledge certain building funds to the payment thereof. POLK COUNTY 1,033 290 107 . (Ga. Laws, 1962, p. 888) Amendment to the Constitution so as to create the Cedartown Development Authority. PUTNAM COUNTY 415 312 108 . (Ga. Laws, 1962, p. 776) Amendment to the Constitution so as to provide for the election of members of the Board of Education of Putnam County by the people. PUTNAM COUNTY 550 134 109 . (Ga. Laws, 1962, p. 1101) Amendment to the Constitution so as to set, by local law, the compensation of the Putnam County Tax Collector, Tax Receiver, or Tax Commissioner. RABUN COUNTY 630 84 110 . (Ga. Laws, 1962, p. 865) Amendment to the Constitution so as to create the Rabun County Industrial Building Authority. RANDOLPH COUNTY 301 80 111 . (Ga. Laws, 1962, p. 834) Amendment to the Constitution so as to create the Randolph County Development Authority. RICHMOND COUNTY 4,369 2,312 112 . (Ga. Laws, 1962, p. 778) Amendment to the Constitution so as to empower Richmond County with the authority to participate in a group hospitalization insurance policy covering its employes. ROCKDALE COUNTY 720 240 113 . (Ga. Laws, 1961, p. 622) Amendment to the Constitution so as to provide for the adoption of ordinances for policing of Rockdale County and enforcement of County ordinances. ROCKDALE COUNTY 673 289 114 . (Ga. Laws, 1962, p. 768) Amendment to the Constitution so as to authorize the General Assembly to create the Rockdale County-Conyers Water Authority. ROCKDALE COUNTY 514 437 115 . (Ga. Laws, 1962, p. 992) Amendment to the Constitution so as to create the Rockdale Industrial Building Authority. SCHLEY COUNTY 150 44 116 . (Ga. Laws, 1962, p. 787) Amendment to the Constitution so as to create the Schley County Development Authority. SCREVEN COUNTY 487 62 117 . (Ga. Laws, 1962, p. 1079) Amendment to the Constitution so as to create the Screven County Development Authority. SEMINOLE COUNTY 118 . (Ga. Laws, 1962, p. 1015) Amendment to the Constitution so as to create the Donalsonville and Seminole County Industrial Building Authority. City of Donalsonville For: 175 Against: 8 Seminole County Iron City : For: 27 Against: 6 Rock Pond : For: 35 Against: 2 Spring Creek : For: 42 Against: 0 Steam Mill : For: 33 Against: 0 SPALDING COUNTY 1,777 641 119 . (Ga. Laws, 1962, p. 945) Amendment to the Constitution so as to create the Griffin Industrial Building Authority. STEPHENS COUNTY 1,035 150 120 . (Ga. Laws, 1962, p. 877) Amendment to the Constitution so as to create the Stephens County Development Authority. STEWART COUNTY 270 158 121 . (Ga. Laws, 1962, p. 864) Amendment to the Constitution so as to authorize Stewart County to build and maintain a natural gas system. SUMTER COUNTY 122 . (Ga. Laws, 1962, p. 933) Amendment to the Constitution so as to create the Americus-Sumter Payroll Development Authority and to provide for powers, authority, funds, purposes and procedures connected therewith. City of Americus For: 814 Against: 307 Sumter County For: 187 Against: 176 TOOMBS COUNTY 261 139 123 . (Ga. Laws, 1962, p. 1131) Amendment to the Constitution so as to change the millage rate for the support of the Vidalia Development Authority. TURNER COUNTY 391 67 124 . (Ga. Laws, 1961, p. 624) Amendment to the Constitution so as to create the Turner County Development Authority. WALKER COUNTY 373 118 125 . (Ga. Laws, 1962, p. 912) Amendment to the Constitution so as to create the Walker County Development Authority. WALTON COUNTY 777 199 126 . (Ga. Laws, 1962, p. 904) Amendment to the Constitution so as to create the Walton Industrial Building Authority. WARE COUNTY 2,569 477 127 . (Ga. Laws, 1962, p. 1158) Amendment to the Constitution so as to provide that the City of Waycross may use the funds raised from the industrial levy in assisting, promoting and encouraging the location of industries in Ware County. WASHINGTON COUNTY 858 307 128 . (Ga. Laws, 1962, p. 842) Amendment to the Constitution so as to provide that the Board of Education of Washington County shall appoint a successor to serve for the unexpired term when a School Superintendent of Washington County dies or otherwise vacates the office prior to the expiration of the term. WAYNE COUNTY 719 449 129 . (Ga. Laws, 1962, p. 895) Amendment to the Constitution so as to provide for the recall of county officers of Wayne County. WAYNE COUNTY 695 493 130 . (Ga. Laws, 1962, p. 1117) Amendment to the Constitution so as to relieve the sheriff of Wayne County from law enforcement duties and duties as jailer in the event a county police force of Wayne County is created. WAYNE COUNTY 671 492 131 . (Ga. Laws, 1962, p. 1118) Amendment to the Constitution so as to provide for a County Administrator of Wayne County. WHEELER COUNTY 465 827 132 . (Ga. Laws, 1962, p. 844) Amendment to the Constitution providing that the County Board of Education of Wheeler County shall have the authority to elect the County School Superintendent of Wheeler County. WHITE COUNTY 740 119 133 . (Ga. Laws, 1962, p. 1046) Amendment to the Constitution so as to create the White County Industrial Building Authority. WILCOX COUNTY 462 33 134 . (Ga. Laws, 1962, p. 1092) Amendment to the Constitution so as to provide that the members of the Board of Education of Wilcox County shall take office on Januuary 1st after the date of their election. WILKES COUNTY 135 . (Ga. Laws, 1962, p. 798) Amendment to the Constitution to grant authority to Commissioners of Roads and Revenues of Wilkes County to district areas for fire prevention and protection purposes and to levy a tax to defray the cost of fire prevention and protection. City of Washington For: 317 Against: 140 Town of Tignall For: 38 Against: 56 Wilkes County For: 129 Against: 179 WILKES COUNTY 509 301 136 . (Ga. Laws, 1962, p. 847) Amendment to the Constitution so as to create the Washington Wilkes Payroll Development Authority. THEREFORE: I, S. Ernest Vandiver, Governor of the State of Georgia, do hereby proclaim that local Amendments Nos. 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 29, 31, 32, 33, 35, 36, 37, 42, 43, 44, 47, 48, 49, 50, 51, 52, 54, 55, 56, 57, 58, 60, 61, 62, 63, 64, 65, 66, 67, 69, 70, 73, 74, 75, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 89, 91, 93, 94, 95, 96, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 133, 134, 136 having been ratified according to the Constitution of this State according to the results of the General Election, certified to me by the Secretary of State, are hereby declared to be a part of the Constitution of the State of Georgia, effective this date. Amendments Nos. 26, 28, 30, 34, 38, 39, 40, 41, 45, 46, 53, 59, 68, 71, 72, 76, 88, 90, 92, 97, 98, 132, 135 not having been ratified are hereby declared not to be a part of the Constitution of the State of Georgia, effective this date.

Page 3803

Given under my hand and the Great Seal of the State of Georgia, in the City of Atlanta, this the 16th day of November, 1962, and of the Independence of the United States of America, the One Hundred and Eighty-Seventh. S. ERNEST VANDIVER Governor BY THE GOVERNOR: CHARLES T. WHITE Secretary, Executive Department BEN W. FORTSON, JR. Secretary of State

Page 3805

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