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. 19640000 English Page 2001 LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1964 19640000 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 1964 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 1229. The proposed amendments to the Constitution were grouped together beginning at page 775 of Volume One and are followed by a complete index beginning at page 1075. 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 1229 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 1964 ALBANY STADIUM AUTHORITY1963 ACT AMENDED. No. 519 (House Bill No. 693). An Act to amend an Act creating the Albany High School Stadium Authority approved April 9, 1963 (Ga. L. 1963, pp. 3286-3302), so as to change the name of said Authority to the Albany Stadium Authority; to provide that revenue bonds issued by said Authority shall be negotiable; to repeal section 4, subsectio f of said Act; to provide that said Authority shall not be authorized to accept loans or grants of money or property of any kind from the United States of America or any agency or instrumentality thereof; to provide a time for the termination of said Authority; to provide for disposition of the property of the Authority on termination thereof; to repeal conflicting laws; and for other purposes. Page 2004 Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the creation of the Albany High School Stadium Authority, approved April 9, 1963 (Ga. L. 1963, pp. 3286-3302), is hereby amended by changing the name of said Authority from Albany High School Stadium Authority to Albany Stadium Authority and by deleting the words Albany High School Stadium Authority wherever same appear in said Act and substituting in lieu thereof the words Albany Stadium Authority. Name changed. Section 2. Said Act is further amended by striking the first sentence of section 8 thereof and by substituting in lieu thereof a new sentence to read as follows: All revenue bonds issued under the provisions of this Act shall be negotiable for all purposes as provided by the laws of this State. Bonds. Section 3. Said Act is further amended by striking therefrom subsection f of section 4 of the Act. Powers. Section 4. Said Act is further amended by adding there-to a new section between section 4 and section 5, to be denominated section 4A and to read as follows: The Authority shall specifically not have the power to accept loans or grants of money or property of any kind from the United States of America or any agency or instrumentality thereof. Powers Section 5. Said Act is further amended by striking the last sentence of section 2 of said Act and substituting in lieu thereof a new sentence to read as follows: Termination. The existence of said Authority shall automatically be terminated twelve months following the date upon which all revenue bonds, or revenue obligations issued by it shall have been fully paid as to principal, interest and premium, if any, or provision having been duly made therefor. Section 6. Upon termination of the Authority as above provided, all property of the Authority, both real and person, Page 2005 shall be automatically vested in the City of Albany and the Dougherty County School System as tenants in common. Same, property. 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 1964 session of the General Assembly of Georgia, a bill to amend the Act creating the Albany High School Stadium Authority (Ga. L. 1963, pp. 3286-3302) so as to change the name of said Authority to Albany Stadium Authority; to provide that revenue bonds issued by said authority shall be negotiable; to repeal section 4, subsection f, of said Act; to provide that said Authority shall not be authorized to accept loans or grants of money or property of any kind from the United States of America or any agency or instrumentality thereof; to provide a time for the termination of said Authority; to provide for disposition of the property of the Authority on termination; 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, DeKalb County. Personally before the undersigned officer duly authorized to administer oaths appeared 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 Page 2006 the Albany Herald, which is the official organ of said county, on December 23 and 30, 1963, and January 6, 1964. /s/ George D. Busbee Representative Dougherty County Sworn to and subscribed before me this 13 day of January, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved January 24, 1964. DOUGHERTY COUNTY SCHOOL SYSTEMCONTRACTS, ETC., WITH ALBANY STADIUM AUTHORITY. No. 520 (House Bill No. 694). 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 12 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 authorize the conveyance of its interest in that certain real estate in the City of Albany, Georgia, bounded by Stadium Drive, Van Buren Drive, Society Avenue and Tift Avenue, together with the improvements thereon, to the Albany Page 2007 Stadium Authority; to authorize said Board of Education to enter into contracts with said Stadium Authority relative to the use of said property, its maintenance and its control for periods of time not exceeding 20 years; to authorize payments or contributions to said Stadium Authority; 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 12 thereof, approved February 5, 1951 (Ga. L. 1951, pp. 2233-2252), is hereby amended by adding to the end of section 12 the following words: The `Dougherty County School System' by and through its Board of Education, its successors or assigns, is hereby specifically authorized to convey all of its interest in that certain real estate located in the City of Albany, Georgia, upon which is located Mills Memorial Stadium and which is bounded by Stadium Drive, Van Buren Drive, Society Avenue and Tift Avenue, together with the improvements thereon, to the Albany Stadium Authority, and, in its discretion, to enter into contracts with said Stadium Authority relative to the use, maintenance and control of said property for periods of time not exceeding 20 years from the date of the approval of this Act. The `Dougherty County School System', by and through its Board of Education, its successors or assigns, is hereby further specifically authorized to make payments or contributions to said Stadium Authority as may be called for by said contracts for the use of the facilities of said Stadium Authority by the school system and to provide funds for the maintenance thereof by the Authority. Page 2008 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 1964 session of the General Assembly of Georgia, a bill to amend the Act creating the Dougherty School System (Ga. L. 1951, pp. 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 authorize the conveyance by the Dougherty County School System of its interest in that certain real estate in the City of Albany, Georgia, upon which is located Mills Memorial Stadium and which is bounded by Stadium Drive, Van Buren Drive, Society Avenue and Tift Avenue, together with improvements thereon, to the Albany Stadium Authority; to authorize said Board of Education to enter into contracts with said Stadium Authority relative to the use of said property, its maintenance and its control for periods of time not exceeding 20 years; to authorize payments or contributions to said Stadium Authority; 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, DeKalb County. Personally appeared before 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 Page 2009 in the Albany Herald, which is the official organ of said county, on December 23 and 30, 1963 and January 6, 1964. /s/ George D. Busbee Representative, Dougherty County, Georgia Sworn to and subscribed before me this 13 day of January, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal.) Approved January 24, 1964. CITY OF ALBANYCONTRACTS, ETC. WITH ALBANY STADIUM AUTHORITY. No. 521 (House Bill No. 695). An Act to amend the Act creating and establishing a new charter for the City of Albany, approved August 18, 1923, as amended, so as to authorize the conveyance by the City of Albany of its interest in that certain real estate in said city upon which is located Mills Memorial Stadium and which is bounded by Stadium Drive, Van Buren Drive, Society Avenue and Tift Avenue, together with the improvements thereon, to the Albany Stadium Authority; to authorize said city to enter into contracts with said Stadium Authority relative to use of said property, its maintenance and its control for periods of time not exceeding 20 years; to authorize payments or contributions to said Stadium Authority; to repeal conflicting laws; and for other purposes. Page 2010 Be it enacted by the General Assembly of Georgia: Section 1. The Act approved August 18, 1923, (Ga. L. 1923, pp. 370-418) as amended, creating and establishing a new charter for the City of Albany, is hereby further amended by adding to section 34 of said charter a new subsection to read as follows: The City of Albany shall have the power to convey all of its interest in that certain real estate located in said city, upon which is located Mills Memorial Stadium and which is bounded by Stadium Drive, Van Buren Drive, Society Avenue and Tift Avenue, together with the improvements thereon, to Albany Stadium Authority, and, in its discretion, to enter into contracts with said Stadium Authority relative to the use, maintenance and control of said property for periods of time not exceeding 20 years from the date of approval of this Act. Said city is further specifically authorized to make payments or contributions to said Stadium Authority as may be called for by said contracts for the use of the facilities of said Stadium Authority by the city and to provide funds for the maintenance thereof by the Authority. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1964 session of the General Assembly of Georgia a bill to amend the charter of the City of Albany so as to authorize the conveyance by the city of its interest in that certain real estate in the City of Albany upon which is located Mills Memorial Stadium and which is bounded by Stadium Drive, Van Buren Drive, Society Avenue and Tift Avenue, together with improvements thereon, to the Albany Stadium Authority; to authorize said city to enter into contracts with said Stadium Authority relative to the use of said property, its maintenance and its control for periods of time not exceeding 20 years; to authorize payments Page 2011 or contributions to said Stadium Authority; 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, DeKalb County. Personally appeared before 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 December 23 and 30, 1963, and January 6, 1964. /s/ George D. Busbee, Representative, Dougherty County, Ga. Sworn to and subscribed before me this 13 day of January, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved January 24, 1964. Page 2012 CITY OF ATHENSLAND CONVEYANCE AUTHORIZED. No. 522 (House Bill No. 739). 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, so as to authorize the mayor and council of the City of Athens to convey or donate a certain tract of land belonging to the City of Athens to the United States of America; 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, is hereby amended by inserting between section 1A and section 2 a new section to be numbered section 1B to read as follows: Section 1B. The mayor and council of the City of Athens is hereby authorized and empowered to donate, give and convey by deed to the United States of America a tract of land located in Clarke County, Georgia, containing 6.47 acres, more particularly described in accordance with a plat of survey entitled, `Survey for U. S. Public Health Service,' prepared by Ben McLeroy, Registered Engineer and Surveyor, dated December 16, 1963, recorded in plat book 9, at page 129, clerk's office, Superior Court of Clarke County, Georgia, reference to which plat is hereby made, and the same is incorporated herein by such reference; said property being bounded on the north by a paved access road, on the south by the Oconee River, on the east by the property of one Neely, and on the west by other property of the mayor and council of the City of Athens, which property shall be used by the United States of America for the purpose of scientific and other activities relating to water pollution control and environmental health. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Page 2013 Notice. The public is hereby notified that the undersigned intends to make application to the General Assembly of Georgia at the January, 1964 Session thereof for the passage of a local bill authorizing and empowering the mayor and council of the City of Athens to donate and give to the United States of America a tract of land located in Clarke County, Georgia, and being bounded on the north by a paved access road, on the south by the Oconee River, west by other property of the mayor and council of the City of Athens, and east by property of Neely, which property is to be used by the United States of America for the purpose of scientific and other activities relating to water pollution control and environmental health. This 19th day of December, 1963. The Mayor and Council of the City of Athens By: Jack R. Wells, Mayor. Georgia, Clarke County. Personally appeared before me, the undersigned testing officer authorized by law to administer oaths, E. B. Braswell who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to apply for local legislation was published in the Athens Banner-Herald on December 20, 1963, December 27, 1963, and January 3, 1964. /s/ E. B. Braswell Certified, sworn to and subscribed before me, this 14th day of January, 1964. /s/ Johnnie H. Paul Notary Public, Clarke County, Georgia. (Seal). Approved January 24, 1964. Page 2014 WALKER COUNTYORDINARY PLACED ON SALARY BASIS, REFERENDUM. No. 524 (House Bill No. 700). An Act to abolish the present mode of compensating the Ordinary of Walker County, known as the fee system; to provide in lieu thereof an annual salary for such officer; to provide that all fees, costs or other emoluments of such officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of deputies, clerks, assistants and all required personnel by such officer; to provide for the compensation for such personnel; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the ordinary of Walker County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Salary basis. Section 2. The ordinary shall receive an annual salary of $12,000 payable in equal monthly installments from the funds of Walker County at the rate of $1,000.00 per month. Salary. Section 3. After the effective date of this Act, said officer shall deligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in his respective office, and shall receive and hold the same in trust for said county as public monies, and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, said officer shall furnish the governing authority of the county a Page 2015 detailed, itemized statement, under oath, of all such funds received during the preceding month by said officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. The above named officer shall have authority to appoint his deputies, clerks, assistants, and other personnel. Said ordinary shall have the authority to set the salary of his deputies, clerks, assistants and other personnel. The combined salaries of said deputies, clerks, assistants or other personnel appointed by said officer shall not exceed the total sum of $6,000.00 per year. Each deputy, clerk, assistant or other personnel shall be paid monthly from the general funds of Walker County, Georgia. Clerks, etc. There shall be set aside by the commissioner of roads and revenue of Walker County, Georgia, an emergency fund, to be no greater than $5,000.00, which will be available to all elected-salaried county officials for the purpose of hiring additional assistants in the event that such assistance is deemed necessary. Each elected-salaried official shall, from time to time, recommend to the grand jury of Walker County, Georgia, the number of additional personnel needed by his office together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the grand jury of Walker County, Georgia, to fix the compensation to be received by each additional employee in said office. It shall be within the sole power and authority of said ordinary during his respective term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties, assignments, and to remove or replace any of such employees at will and within his discretion. Section 5. The necessary operating expense of said office, expressly including the compensation of all personnel and employees, shall be paid from the general funds of the county. All supplies, materials, furnishings, furniture, telephone expense connected with the business of said office, utilities, and equipment, and the repair, replacement and Page 2016 maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from the general funds of the county. The determination of such requirements for said office shall be at the discretion of the individual office holder. Office expenses, etc. Section 6. The official bonds of said officer, and the respective deputies, clerks, assistants and other personnel, as may be required by law, shall be procured by said elected officer, and the premiums and costs thereof shall be paid out of the general funds of Walker County. Bonds. Section 7. The provisions of this Act shall become effective on January 1, 1965, if approved by the referendum provided for hereinafter. Effective date. Section 8. Not less than five (5) nor more than twenty (20) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Walker County to issue the call for an election for the purpose of submitting this Act to the voters of Walker County for approval or rejection. The ordinary shall set the date of such election for a day not less than fifteen (15) 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 Walker County. The ballot shall have written or printed thereon the words: For approval of the Act placing the ordinary on a salary, and for other purposes. Against approval of the Act placing the ordinary on a salary, and for other purposes. 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 Page 2017 it shall be void and of no force and effect. The expense of such election shall be borne by Walker County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Certification. I hereby certify to publication of Notice Of Intention To Apply For Passage of Local Legislation, to wit: Proposed change to abolish compensation of ordinary of Walker County, Ga. from the fee system to a salary basis, which was published in The Walker County Messenger in its issues of December 25, 1963 and January 1 and January 8, 1964, copy of which is hereby attached. /s/ E. P. Hall, Publisher, Walker County Messenger Sworn to and subscribed before me, this the 8th day of January 1964. /s/ Betty Lou Hall Notary Public. My commission expires July 31, 1964. (Seal). Notice of Intention to Apply for Passage of Local Legislation. Notice is hereby given that there shall be introduced a bill in the 1964 Session of the General Assembly to be entitled an act to abolish the present mode of compensating the Ordinary of Walker County, known as the fee system; to provide in lieu thereof an annual salary for such officer; Page 2018 to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expense of said office; to provide for the employment of deputies, clerks, assistants and all required personnel by such officer; to provide for the compensation for such personnel; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. This 23rd day of December, 1963. Billy Shaw Abney Wayne Snow, Jr. Representatives from Walker County, Georgia Approved January 27, 1964. WALKER COUNTYOFFICE OF TAX COMMISSIONER CREATED, REFERENDUM. No. 525 (House Bill No. 701). An Act to consolidate the offices of tax receiver and tax collector of Walker County into the Office of the tax commissioner of Walker County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to make provisions relative to taxes and tax fi-fas; to provide for a referendum; to repeal conflicting laws; and for other purposes. Page 2019 Be it enacted by the General Assembly of Georgia: Section 1. The offices of tax receiver and tax collector of Walker County are hereby consolidated and combined into the one office of the tax commissioner of Walker County. The rights, duties, and liabilities of the 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 of other county officers for Walker County in 1964. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31, 1968, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall affect the term of office of the present tax collector and tax receiver of Walker County, and their terms of office shall continue through December 31, 1964. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector. Elections. Section 3. The tax commissioner shall receive for his services as such an annual salary of $12,000.00 payable in equal monthly installments from the general funds of the county. Salary. Section 4. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Walker County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided Page 2020 that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by 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, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department and 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. The tax commissioner is expressly required to sell motor vehicle license plates, and all profits from such sale shall be turned over to the fiscal authority of Walker County. In the event that the said tax commissioner should receive compensation from the sale of license plates or other commissions provided by law, then the salary herein provided for said official shall be reduced in the same amount as any fees or compensation collected. Section 5. The above named officer shall have authority to appoint his deputies, clerks, assistants, and other personnel. Said tax commissioner shall have the authority to set the salary of his deputies, clerks, assistants and other personnel. The combined salaries of said deputies, clerks, assistants or other personnel appointed by said official shall not exceed the total sum of $12,500 per year. Each deputy, clerk, assistant or other personnel shall be paid monthly from the general funds of Walker County, Georgia. Clerks, etc. There shall be set aside by the Commissioner of Roads and Revenue of Walker County, Georgia, an emergency fund, to be no greater than $5,000.00, which shall be available to all elected-salaried county officials for the purpose of hiring additional assistants in the event that such assistence is deemed necessary. Each elected-salaried official shall, from time to time, recommend to the grand jury of Walker County, Georgia, the number of additional personnel needed by his office together with the suggested compensation to be paid each employee. However, it shall be Page 2021 within the sole discretion of the grand jury of Walker County, Georgia, to fix the compensation to be received by each additional employee in said office. It shall be within the sole power and authority of the tax commissioner during his respective term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties, assignments, and to remove or replace any of such employees at will and within his discretion. Section 6. The necessary operating expenses of the office of tax commissioner, expressly including the compensation of all personnel and employees, shall be paid from the general funds of the county. All supplies, materials, furnishings, furniture, utilities and equipment, and the repair, replacement and the maintenance thereof, as may be reasonably required in discharging the duties of his office, shall be furnished by the county and shall be paid from the general funds of the county. The determination of such requirements for such office shall be at the discretion of the tax commissioner. Office expenses, etc. Section 7. The official bond of said officer and the respective deputies, clerks, assistants and other personnel, as may be required by law, shall be procured by the elected officer and the premium and cost thereof shall be paid out of the general funds of the county. Bonds. Section 8. All taxes due and payable Walker 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 shall be collectible as issued. Taxes due. Section 9. Not less than five (5) nor more than twenty (20) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Walker County to issue the call for an election for the purpose of submitting this Act to the voters of Walker County for approval or rejection. The ordinary shall set the date of such election for a day not less than fifteen (15) nor more than thirty (30) days after the Page 2022 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 Walker County. The ballot shall have written or printed thereon the words: For approval of the Act to abolish the office of tax collector and tax receiver and to create in lieu thereof the office of tax commissioner; to place said officer on a salary; and for other purposes. Referendum. Against approval of the Act to abolish the office of tax collector and tax receiver and to create in lieu thereof the office of tax commissioner; to place said officer on a salary; 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 Walker County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Certification. I hereby certify to publication of Notice of Intention to Apply for Passage of Local Legislation to wit: Proposed change to combine the offices of tax receiver and tax collector into one office, the compensation etc., which was published in the Walker County Messenger in its issues of Page 2023 December 25, 1963, January 1 and 8, 1964, copy of which is hereby attached. /s/ E. B. Hall Publisher Walker County Messenger Sworn to and subscribed before me, this the 8th day of January, 1964. /s/ Betty Lou Hall, Notary Public, Walker County, Georgia. My commission expires July 31, 1964. (Seal). Notice of Intention to Apply for Passage of Local Legislation. Notice is hereby given that there shall be introduced a bill in the 1964 Session of the General Assembly to be entitled an Act to consolidate the offices of tax receiver and tax collector of Walker County; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to make provisions relative to taxes and tax fi fas; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 23rd day of December, 1963. Billy Shaw Abney, Wayne Snow, Jr., Representatives from Walker County, Georgia. Approved January 27, 1964. Page 2024 WALKER COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS, REFERENDUM. No. 526 (House Bill No. 702). An Act to abolish the present mode of compensating the clerk of the superior court of Walker County, known as the fee system; to provide in lieu thereof an annual salary for such officer; to provide that all fees, costs or other emoluments of such officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of deputies, clerks, assistants and all required personnel by such officer; to provide for the compensation for such personnel; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the clerk of the superior court of Walker County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Salary basis. Section 2. The clerk of the superior court shall receive an annual salary of $12,000 payable in equal monthly installments from the funds of Walker County at the rate of $1,000.00 per month. Salary. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in his respective office, and shall receive and hold the same in trust for said county as public monies, and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly Page 2025 payment into the county treasury, said officer shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by said officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. The above named officer shall have authority to appoint his deputies, clerks, assistants, and other personnel. Said clerk shall have the authority to set the salary of his deputies, clerks, assistants and other personnel. The combined salaries of said deputies, clerks, assistants or other personnel appointed by said officer shall not exceed the total sum of $10,000.00 per year. Each deputy, clerk, assistant or other personnel shall be paid monthly from the general funds of Walker County, Georgia. Clerks, etc. There shall be set aside by the commissioner of roads and revenue of Walker County, Georgia, an emergency fund, to be no greater than $5,000.00, which will be available to all elected, salaried county officials for the purpose of hiring additional assistants in the event that such assistance is deemed necessary. Each elected-salaried official shall, from time to time, recommend to the grand jury of Walker County, Georgia, the number of additional personnel needed by his office together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the grand jury of Walker County, Georgia, to fix the compensation to be received by each additional employee in said office. It shall be within the sole power and authority of said clerk during his respective term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties, assignments, and to remove or replace any of such employees at will and within his discretion. Section 5. The necessary operating expense of said office, expressly including the compensation of all personnel and employees, shall be paid from the general funds of the county. All supplies, materials, furnishings, furniture, Page 2026 telephone expense connected with the business of said office, utilities, and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from the general funds of the county. The determination of such requirements for said office shall be at the discretion of the individual office holder. A photostat machine shall be purchased, rented, or leased for the clerk's office for the recording of county records. The type of said machine to be purchased shall be determined by the clerk. Nothing in this Act shall prohibit the county from purchasing a machine from the incumbent clerk. Office expenses. Section 6. The official bonds of said officer, and the respective deputies, clerks, assistants and other personnel, as may be required by law, shall be procured by said elected officer, and the premiums and costs thereof shall be paid out of the general funds of Walker County. Bonds. Section 7. The provisions of this Act shall become effective on January 1, 1965, if approved by the referendum provided for hereinafter. Effective date. Section 8. Not less than five (5) nor more than twenty (20) days after the day of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Walker County to issue the call for an election for the purpose of submitting this Act to the voters of Walker County for approval or rejection. The ordinary shall set the date of such election for a day not less than fifteen (15) 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 Walker County. The ballot shall have written or printed thereon the words: For approval of the Act placing the clerk of the superior court on a salary, and for other purposes. Referendum. Against approval of the Act placing the clerk of the superior court on a salary, and for other purposes. Page 2027 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 Walker County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Certification. I hereby certify to publication of Notice of Intention to Apply for Passage of Local Legislation, towit: Proposed change to abolish compensation of clerk of the superior court from the fee system to a salary basis, which was published in the Walker County Messenger in the issues of December 25, 1963; January 1 and January 8, 1964, copy of which is hereby attached. /s/ E. P. Hall, Publisher of the Walker County Messenger. Sworn to and subscribed before me, this the 8th day of January, 1964. /s/ Betty Lou Hall, Notary Public, Walker County, Georgia. My Commission expires July 31, 1964. (Seal) Notice of Intention to Apply for Passage of Local Legislation. Notice is hereby given that there shall be introduced a bill in the 1964 session of the General Assembly to be entitled Page 2028 an act to abolish the present mode of compensating the clerk of the superior court of Walker County, known as the fee system; to provide in lieu thereof an annual salary for such officer; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expense of said office; to provide for the employment of deputies, clerks, assistants and all required personnel by such officer; to provide for the compensation for such personnel; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. This 23rd day of December, 1963. Wayne Snow, Jr., Representative from Walker County, Georgia Approved January 27, 1964. HART COUNTYBOARD OF FINANCEREFERENDUM. No. 527 (House Bill No. 724). An Act to amend an Act creating the office of Commissioner of Roads and Bridges for Hart County and a Board of Finance for Hart County, approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, so as to provide that the members of the Board of Finance for Hart County shall be elected by the electors of Hart County; to provide the manner for electing said members; to provide their terms of office; to provide the procedure connected therewith; to provide for the filling of vacancies; to provide for a referendum; to repeal conflicting laws; and for other purposes. Page 2029 Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Roads and Bridges for Hart County and a Board of Finance for Hart County, approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section to read as follows: Section 5. In addition to the Commissioner of Roads and Bridges hereinbefore created, a Board of Finance consisting of three (3) members is hereby created in and for Hart County. The members of the Board shall be elected by the electors of Hart County eligible to vote at elections for members of the General Assembly. The first members of said Board shall be elected on the date the general election is held in 1964, and thereafter said members shall be elected on the date the election of county officers is held in Hart County, Georgia. The members elected at the general election held in 1964 shall take office on January 1 following their election and shall serve for a term ending on January 1, 1969, and until their successors are elected and qualified. Thereafter, members of the Board shall be elected at the election in which county officers are elected beginning in 1968 and each four (4) years thereafter, and the members so elected shall take office on January 1 following their election and shall serve for a term of four (4) years and until their successors are elected and qualified. For the purpose of electing members of the Board of Finance of Hart County, there shall be three (3) positions on the Board to be designated as Position 1, Position 2 and Position 3. In each primary and general election persons qualifying shall designate the position for which they offer to run. All members of the Board shall be elected by the electors of the entire County of Hart and in order to be elected such member must receive a majority of the votes cast in the election in which he is a candidate. If no one candidate shall receive a majority of all votes cast in the election in which he is a candidate, not more than five (5) days after the date of said election, it shall be the duty of the Ordinary of Hart County to issue the call for a run-over election between the two (2) persons receiving Page 2030 the highest number of votes at such election. The Ordinary shall set the date for such run-over election not less than five (5) nor more than fifteen (15) days from the date of such call. Any person eligible to hold a county office in Hart County shall be eligible to be elected as a member of said Board. Vacancies on said Board shall be filled by the remaining members of said Board for the unexpired term of the member holding the position in which the vacancy exists. All members of the Board shall be eligible to succeed themselves. Election. The Board of Finance of Hart County created by the Act approved March 9, 1959 (Ga. L. 1959, p. 2580), as amended, shall continue to function as the governing authority of Hart County until January 1, 1965, and until the time the members of the Board of Finance created pursuant to this section are elected, qualified and assume the duties of their office, at which time the said Board of Finance shall stand abolished and shall cease to exist. Present board. Section 2. Not less than thirty (30) days prior to the second Wednesday in September, 1964, it shall be the duty of the ordinary of Hart County to issue the call for an election for the purpose of submitting this Act to the voters of Hart County for approval or rejection. The ordinary shall set the date of such election on the second Wednesday in September, 1964. The ordinary shall cause the date and purposes of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Hart County. The ballot shall have written or printed thereon the words: For approval of electing the members of the Board of Finance for Hart County by the electors of Hart County and abolishing the present Board of Finance. Referendum. For continuing the election of the members of the Board of Finance of Hart County by the Grand Jury. All persons desiring to vote in favor of the Act shall vote For approval of electing the members of the Board of Finance for Hart County by the electors of Hart County and Page 2031 abolishing the present Board of Finance and those persons desiring to vote for rejection of the Act shall vote For continuing the election of the members of the Board of Finance of Hart County by the Grand Jury. If more than one half of the votes cast on such question are For approval of electing the members of the Board of Finance for Hart County by the electors of Hart County and abolishing the present Board of Finance, said Act shall become of full force and effect, otherwise, it shall be void and of no force and effect. The expenses of such election shall be borne by Hart 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 that there will be introduced at the January, 1964 session of the General Assembly of Georgia, a bill amending the law creating a Board of Finance of Hart County, Georgia, so as to provide for a referendum to decide whether the members of the Board of Finance shall be elected by the people or appointed by the grand jury, and for other purposes. This the 23rd day of December, 1963. 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 2032 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 The Hartwell Sun, which is the official organ of said County, on the following dates: December 26, 1963, January 2 and 9, 1964. /s/ M. Parks Brown Representative, Hart County Sworn to and subscribed before me this 13th day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large My Commission Expires Dec. 31, 1967. (Seal). Approved January 27, 1964. CIVIL AND CRIMINAL COURT OF CLAYTON COUNTY. No. 529 (House Bill No. 760). 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 Page 2033 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 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 specific 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 Page 2034 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 ofsuits and proceedings that now or may hereafter 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 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 by the qualified voters of Clayton County in the same manner and at the same time and places when other county officers are elected, and the said judge shall hold office for the term of four years and until his successor is elected and qualified. 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 Page 2035 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 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 by the qualified voters of Clayton County in the same manner and at the same time and places when other county officers are elected, and the said solicitor shall hold office for the term of four years and until his successor is elected and qualified. 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 fund 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 upon the Page 2036 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 of 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 approve the bond given by the sheriff. The bond shall be in the same form 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 second Monday of each and every month in the year and Page 2037 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 five (5). In a civil case, the parties shall be entitled to a panel of nine (9) jurors and the plaintiff shall have two (2) pre-emptory strikes and the defendant shall have two (2) pre-emptory strikes. In a criminal case, the parties shall be entitled to a panel of twelve (12) jurors and the defendant shall be entitled to four (4) pre-emptory strikes and the State or county shall be entitled to three (3) 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, as used for the superior court by the judge of said Page 2038 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 executions 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 or under subpoenaes, witnesses and the attendance Page 2039 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 aid accused is discharged by said committing magistrate. Section 23. Suits Against Joint Defendants . All suits against joint obligors, joint promisors, co-partners or joint defendants in which any one or more reside in the County Page 2040 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. Section 28. Court Reporter . There shall be a court reporter of the said Civil and Criminal Court of Clayton County Page 2041 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 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. Page 2042 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 laws. 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 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 Page 2043 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 Superoir 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 bonds 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 such, shall be eligible to make such contributions and to receive such benefits as are described in the Act establishing Page 2044 the Employees' Retirement System for the State of Georgia, as amended. Section 39. Vacancies . All vacancies which may occur in the office of judge and solicitor of the Civil and Criminal Court of Clayton County by death, resignation or otherwise shall be filled by an appointment by the Governor and shall be for the unexpired 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 other 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 1964 session of the Georgia General Assembly legislation establishing a Civil and Criminal Court of Clayton County, to define the jurisdiction and power of said court, to provide for the election, qualification, duties, powers Page 2045 and compensation of the judge, solicitor and other officers thereof, to provide for pleadings, rules and procedure therein, to repeal conflicting laws; and for other purposes. This 17th day of December, 1963. Edgar Blalock Wm. J. Lee Representatives, Clayton County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edgar Blalock and Wm. J. Lee, who, on oath, deposes and says that they are Representatives from Clayton County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forest Park Free Press Clayton County News Farmer, which is the official organ of said County, on the following dates: December 31, 1963, January 7, 1964; January 14, 1964. /s/ Edgar Blalock /s/ Wm. J. Lee Representatives, Clayton County Sworn to and subscribed before me, this 16th day of January, 1964. /s/ Charles E. Tidwell Notary Public (Seal) Approved January 28, 1964 Page 2046 CITY OF ROMEEMPLOYEES' RETIREMENT. No. 530 (House Bill No. 761) An Act to amend the charter of the City of Rome approved August 19, 1918, as amended by various Acts and especially by an Act approved February 16, 1943 (Ga. L. 1943, pp. 1560-71) and by an Act approved December 12, 1953 Ga. L. 1953, pp. 2361-65) so as to provide additional retirement benefits for an employee who becomes totally and permanently disabled to discharge his duties as such employee as a direct result of accidental traumatic bodily injuries, sustained while such employee was actually engaged in the discharge of the duties regularly assigned to such employee; to give the City of Rome authority to appropriate from the general funds of the City of Rome each month additional retirement benefits; and to repeal all Acts and parts of Acts in conflict herewith. Be it enacted by the General Assembly of Georgia and the same is hereby enacted by authority of the same, that an Act entitled, An Act to create a new charter and municipal government for the City of Rome, to define the right and powers of the municipality, to define the corporate limits thereof and to repeal all former charters and laws in conflict therewith, approved August 19, 1918, and the several Acts amendatory thereof, and especially the amendments made by an Act approved February 16, 1943 (Ga. L. 1943, pp. 1560-71) and an amendment made by an Act approved December 12, 1953 (Ga. L. 1953, pp. 2361-65) be and the same are hereby amended as follows: Section 1. Section 3 of an Act approved February 16, 1943 (Ga. L. 1943, pp. 1560-71) amending an Act entitled An Act to create a new charter for the City of Rome, and for other purposes, approved August 19, 1918, and as amended by an Act approved December 12, 1953 (Ga. L. 1953, pp. 2361-65) be and the same is hereby amended by adding following the third sentence thereof the following: In addition to the contribution set out above, the City of Rome shall appropriate each month respectively from the general funds of the City of Rome, whenever an employee Page 2047 is retired under section 12(b) (1) hereof, the difference, if any, between the amount due such employee had he retired under section 12(b) and the amount actually paid such employee under section 12(b) (1)., so that said section 3, as amended, shall read as follows: Contributions by city. Section 2. Section 3. From and after January 1st, 1954, the City of Rome, by and through its city commission, shall levy upon the monthly salary of each and every employee of said city whose salary is paid by the month, an assessment of an amount of five (5) percentum of such monthly salaries which assessment shall be deducted each month from the salary of each employee and paid to the secretary of the board of trustees created by this Act, and which respective assessment shall represent the amounts paid into said retirement fund by each employee respectively. Provided, however, the portion of any salary in excess of $250.00 per month shall be exempt from such levy; and provided further, that such assessment in no case shall be assessed against the salary of any employee for a longer period of time than twenty-five (25) years. In like manner the City of Rome shall appropriate each month respectively from the general funds of the City of Rome a sum of money equal to seven (7) percentum of the assessed monthly salaries of the employees affected by this Act and pay the same to the secretary of said board of trustees. In addition to the contribution set out above, the City of Rome shall appropriate each month respectively from the general funds of the City of Rome, whenever an employee is retired under section 12(b) (1) hereof, the difference, if any, between the amount due such employee had he retired under section 12(b), and the amount actually paid such employee under section 12(b) (1). All payments of money to the secretary of said board of trustees made under the provisions of this Act shall constitute a retirement fund, and the same shall be disbursed as said board of trustees may direct according to the terms and provisions of this Act. Employees making payments as provided to said retirement fund shall never have any greater interest in, or right to payment from, said retirement fund than expressly provided for in this Act. Section 3. Section 12(b) of an Act approved February Page 2048 16, 1943 (Ga. L. 1943, pp. 1560-71) amending an Act entitled An Act to create a new charter for the City of Rome, and for other purposes, approved August 19, 1918, be and the same is hereby amended by adding a new sub-section thereof to be known as section 12(b) (1), and which will read as follows: Section 12(b) (1). Any employee of the City of Rome, who is retired under the provisions of Section 12(b) of the Act of 1943, approved February 16, 1943 (Ga. L. 1943, pp. 1560-71), and who became totally and permanently disabled to discharge his duties as such employee as a direct result of accidental traumatic bodily injuries, sustained while such employee was actually engaged in the discharge of the duties regularly assigned to such employee, shall be paid monthly for and during such disability, and from said retirement fund, an additional amount, so that he shall be paid monthly from said retirement fund the total amount of $100.00 inclusive of that paid under section 12(b). Retirement allowances. Section 4. All laws and parts of laws in conflict herewith are hereby expressly repealed. Section 5. The notice and affidavit attached hereto are specifically made a part of this bill and reference is made thereto. Georgia, Floyd County. Personally appeared before the undersigned officer authorized to administer oaths, came J. Battle Hall, Sidney Lowrey, and J. E. Jordan, who, on oath, say that they are members of the General Assembly from Floyd County, Georgia, and are the authors of the local bill to which this affidavit is attached; and that a notice of the intention to apply for the legislation outlined in said bill has been published in the Rome News Tribune, a newspaper in which the sheriff's advertisements for the locality affected by said bill was published, once a week for three weeks during the period of sixty days immediately preceding its introduction into the General Assembly; and that the copy of said notice as published in said paper is hereto attached and made a Page 2049 part of this bill; and that said notice was published as provided by law. This 20th day of January, 1964. /s/ Sidney Lowrey /s/ J. E. Jordan /s/ J. Battle Hall Sworn to and subscribed before me, this 20th day of January, 1964. /s/ Amelia Smith, Notary Public, Georgia State at Large. My Commission Expires Oct. 10, 1964. (Seal). Notice of Local Legislation. To the People of Rome and Floyd County, Georgia: In the General Assembly of Georgia for the year 1964, a bill will be introduced to amend the charter of the City of Rome, Georgia, so as to provide that any person employed by the City of Rome and a member of the retirement system of said city (Ga. L. 1943, Act. No. 85, as amended), who is totally and permanently disabled in the line of duty by traumatic injury shall be paid by the City of Rome the difference between the retirement benefits said disabled person might be entitled to, as provided in said retirement Act of said city, and the sum of one hundred ($100.00) dollars per month. In no event shall said disabled employee receive more than $100.00 per month if the city participates in said payments. The benefits to be paid by the city shall be paid from the general fund of the City of Rome, Georgia. This 30th day of December, 1963. J. Battle Hall, Senator Sidney Lowrey, Representative J. E. Jordan, Representative Dec. 31, 1963; January 2 and 9, 1964. Approved January 29, 1964. Page 2050 CITY OF MONROEAUTHORITY TO CLOSE STREET. No. 531 (House Bill No. 733). An Act to amend an Act entitled An Act to incorporate the City of Monroe, in the County of Walton, and define its limits; to provide for a mayor and council and other officers of said city and prescribe their powers and duties; to provide for all matters of municipal concern and cognizance, and for other purposes., approved December 3, 1896 (Ga. L. 1896, p. 212), as amended, so as to authorize and empower the mayor and council of the City of Monroe to close that portion of West Church Street which lies between the easterly right of way of Giles Street (formerly Jackson Street) and the westerly right of way of South Wayne Street; to authorize the conveyance of that portion of West Church Street so closed; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the City of Monroe, in the County of Walton, and define its limits; to provide for a mayor and council and other officers of said city and prescribe their powers and duties; to provide for all matters of municipal concern and cognizance, and for other purposes., approved December 3, 1896 (Ga. L. 1896, p. 212), as amended, is hereby amended by adding a new section thereto to be known as Section 20A to read as follows: Section 20A. Be it further enacted by the authority aforesaid, the City of Monroe through its mayor and council, is hereby authorized and empowered to close all that portion or area of West Church Street which is more particularly described as follows: All that tract or parcel of land lying and being in the County of Walton, State of Georgia and in the City of Monroe, being that area of West Church Street which lies between the easterly right of way of Giles Street (formerly Jackson Street) and the westerly right of way of South Page 2051 Wayne Street, containing 0.2 acres and being bounded on the north by lands of Ezra Chick and lands of First Baptist Church; easterly by right of way of South Wayne Street; southerly by lands of First Baptist Church and westerly by right of way of Giles Street. West Church Street. After said portion or area of West Church Street is officially closed by the mayor and council as herein authorized, said mayor and council shall be authorized and empowered to convey said tract or parcel of land for the use of the City of Monroe, provided the City of Monroe owns said property. Section 2. All laws and parts of laws in conflict with this Act is hereby repealed. Approved January 30, 1964. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1964, session of the General Assembly of Georgia, a bill to amend the city charter of Monroe, Georgia, so as to provide that said city may close that portion and area of West Church Street, which lies between the easterly right of way of Giles Street (formerly Jackson Street) and the westerly right of way of South Wayne Street, containing 0.2 acres, and that after closing said area may be sold by the city; and for other purposes. This the 23rd day of December, 1963. City of Monroe By: G. P. Hammond, Mayor Georgia, Walton County. Personally appeared before the undersigned attesting officer, an officer duly qualified to administer an oath, Sanders Camp, publisher of The Walton Tribune, who being duly sworn on oath says that the above and foregoing notice of intention to introduce local legislation was published in The Walton Tribune, the newspaper in which the sheriff's Page 2052 advertisements for Walton County are published, once a week for three weeks in said paper on December 25, 1963; January 1, 1964 and January 8, 1964. /s/ Sanders Camp. Sworn to and subscribed before me, this 13th day of January, 1964. /s/ Hazel M. Prather, Notary Public, Walton Co., Ga. (Seal). Approved January 30, 1964. CITY OF MONROEMAYOR'S SALARY. No. 532 (House Bill No. 734). An Act to amend an Act entitled An Act to incorporate the City of Monroe, in the County of Walton, and define its limits; to provide for a mayor and council and other officers of said city and and prescribe their powers and duties; to provide for all matters of municipal concern and cognizance, and for other purposes., approved December 3, 1896 (Ga. L. 1896, p. 212), as amended, particularly by an Act approved July 28, 1911 (Ga. L. 1811, p. 1407), an Act approved March 26, 1947 (Ga. L. 1947, p. 818), an Act approved February 11, 1960 (Ga. L. 1960, p. 2060), and an Act approved March 28, 1961 (Ga. L. 1961, p. 2653), so as to change the salary of the mayor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the City of Monroe, in the County of Walton, and define its limits; to provide for a mayor and council and other officers of said city and prescribe their powers and duties; to provide for all matters of municipal concern and cognizance, and for other purposes., approved December 3, 1896 (Ga. L. 1896, p. 212), as amended particularly by an Act approved July 28, 1911 (Ga. L. 1911, p. 1407), an Act approved Page 2053 March 26, 1947 (Ga. L. 1947, p. 818), an Act approved February 11, 1960 (Ga. L. 1960, p. 2060), and an Act approved March 28, 1961 (Ga. L. 1961, p. 2563), is hereby amended by striking from section 15 the following language: exceed the sum of $1,200.00, and inserting in lieu thereof the following language: be less than one thousand eight hundred ($1,800.00) dollars nor exceed the sum of three thousand six hundred ($3,600.00) dollars, so that when amended, section 15 shall read as follows: Mayor's salary. Section 15. The mayor and council of the City of Monroe are authorized to create a board of police commissioners. Said governing authority is further empowered to abolish said board at any time they shall determine that it is in the best interest of the City of Monroe to do so. And, once having abolished said board, they may at any time thereafter exercise the authority herein granted to establish the board of police commissioners. The mayor and council shall have the power to determine the number of commissioners, to fix their term of office, their compensation, their duties, their powers, their qualifications and to do all other acts, deemed by said mayor and council to be necessary in the creation and operation of a police commission for said City of Monroe subject, however, to the provisions of this Act. The individuals selected to serve as commissioners shall be qualified voters of said city. The terms of office of the commissioners shall be for three years and until their successors are elected and qualified. At the expiration of the terms of any of the commissioners the mayor and council shall elect a commissioner for a term of three (3) years; provided, however, that vacancies caused by death, resignation, or removal shall be filled by said mayor and council for the unexpired term. The commissioners so appointed shall have the power and authority to appoint a marshal and policeman for said city and to designate a chief of police and assistants; to determine the number of policemen; to fix their compensation; to terminate their services, with or without cause. Said board of police commissioners shall, in general, have charge of the police department of said city. The funds necessary for the operation of said commission shall be paid to said board by the mayor and council. Said Page 2054 board shall make a quarterly report to the mayor and council of all receipts and disbursements and of such other matters as they deem proper, or said mayor and council may require. Said commissioners shall be amenable to said mayor and council and subject to removal from office by them for neglect of their duty or malfeasance in office. In the event the mayor and council elect to exercise the powers conferred herein the marshal of said city shall be appointed by said board of police commissioners. All the duties of the marshal as set forth in said charter of the City of Monroe, as amended, shall be discharged by the marshal so appointed by said board. The marshal in discretion of said board may be designated as chief of police. In the event the mayor and council elect not to exercise the authority to appoint a board of police commissioners as herein conferred, the mayor and council shall appoint a chief of police and such other members of the police force as they deem necessary for the good order and protection of the City of Monroe and shall have the authority to discharge any policeman with or without cause. In the event that there is no marshal appointed by the city governing authorities, all of the rights, powers, duties, and responsibilities conferred by this charter upon the marshal shall be vested in the chief of police, or in such other member of the police force as the mayor and council shall designate. The mayor shall have control over the police force so elected by the governing authority of said city. In the event of any vacancy occurring on the police force, the mayor shall have the authority to make a temporary appointment to fill the vacancy until such time as the mayor and council shall meet in order to act on said vacancy. The mayor shall have the authority to appoint special policemen when in his judgment a need arises therefor, who shall serve in any emergency until their services are terminated by the mayor or the mayor and council. The salaries of the mayor and councilmen of the City of Monroe shall be fixed by them at their first meeting after their election and shall be entered on their minutes not to be changed during their term of office; provided, the salary of the mayor shall in no year be less than one thousand eight Page 2055 hundred ($1,800.00) dollars nor exceed the sum of three thousand six hundred ($3,600.00) dollars. They shall also elect a clerk and treasurer and appoint all other officers necessary for carrying out the provisions of this charter, and fix their compensation as soon as practicable. The clerk and treasurer may be elected from among the councilmen, or any other citizen of the city may be elected, and the same person shall be eligible to hold at the same time the offices of clerk, treasurer, tax-receiver and tax-collector. The mayor and council may provide for taking bond and security from each of said officers, and prescribe an oath of office to be administered to them respectively. 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, 1964 session of the General Assembly of Georgia, a bill to amend the city charter of Monroe, Georgia, so as to provide an annual minimum and maximum salary of the mayor of said city; and for other purposes. This the 23rd day of December, 1963. City of Monroe, By: G. P. Hammond, Mayor. Georgia, Walton County. Personally appeared before the undersigned attesting officer, an officer duly qualified to administer an oath, Sanders Camp, publisher of The Walton Tribune, who being duly sworn on oath says that the above and foregoing notice of intention to introduce local legislation was published in The Walton Tribune, the newspaper in which the sheriff's advertisements for Walton County are published, once a week for three weeks in said paper on December 25, 1963; January 1, 1964; and January 8, 1964. /s/ Sanders Camp. Page 2056 Sworn to and subscribed before me, this 13th day of January, 1964. /s/ Hazel M. Prather, Notary Public, Walton Co., Ga. (Seal). Approved January 30, 1964. CITY OF MONROEELECTION OF COUNCILMEN. No. 533 (House Bill No. 735). An Act to amend an Act entitled An Act to incorporate the City of Monroe, in the County of Walton, and define its limits; to provide for a mayor and council and other officers of said city and prescribe their powers and duties; to provide for all matters of municipal concern and cognizance, and for other purposes., approved December 3, 1896 (Ga. L. 1896, p. 212), as amended, particularly by an Act approved August 7, 1916 (Ga. L. 1916, p. 834), an Act approved August 24, 1931 (Ga. L. 1931, p. 903), and an Act approved April 5, 1961 (Ga. L. 1961, p. 2873), so as to provide that the councilmen of said city shall be elected by the qualified voters of the entire city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the City of Monroe, in the County of Walton, and define its limits; to provide for a mayor and council and other officers of said city and prescribe their powers and duties; to provide for all matters of municipal concern and cognizance, and for other purposes., approved December 3, 1896 (Ga. L. 1896, p. 212), as amended particularly by an Act approved August 7, 1916 (Ga. L. 1916, p. 834), an Act approved August 24, 1931 (Ga. L. 1931, p. 903), and an Act approved April 5, 1961 (Ga. L. 1961, p. 2873), is hereby amended by striking from section 3 the following language: `One councilman from each of the four wards shall be elected by the Page 2057 qualified voters of each respective ward. The mayor and two councilmen at large shall be elected by the voters of the entire city.' , and inserting in lieu thereof the following language: `The mayor, one councilman from each of the four (4) wards and two (2) councilmen from the city at large shall be elected by the qualified voters of the entire city.' , so that when so amended, section 3 shall read as follows: Election of councilmen. `Section 3. On the first Thursday in December, 1961, and annually thereafter, there shall be an election for the purpose of electing the mayor and filling such vacancies in the council as shall exist due to the expiration of the term for which such councilmen were elected. The elected officers shall take office on January 1 of the year following their election. The term of office of the councilmen shall be for two years, except that in the election held in 1961, one of the councilmen elected from the city at large shall be elected for a term of three years. Thereafter his successors shall be elected to and shall serve for a two-year term. The mayor and councilmen shall serve until the election and qualification of their successors, except that when a vacancy occurs on said board either by death, resignation or otherwise a special election may be called by the remaining members of the board by giving thirty (30) days notice to be posted at three or more public places, after which time said election shall be held under the same rules and regulations as for a regular election for mayor and councilmen. `For the purpose of electing members of the council, the City of Monroe is divided into four wards to be composed as follows: `All that territory embraced in said City of Monroe, lying south of Washington St., and east of Midland Ave., shall be known as Ward No. 1; all the territory south of Washington St., and west of Midland Ave., as Ward No. 2; all the territory north of Washington St., and west of Broad St., as Ward No. 3; all the territory east of Broad St., and north of Washington St., as Ward No. 4. `The mayor, one councilman from each of the four (4) Page 2058 wards and two (2) councilmen from the city at large shall be elected by the qualified voters of the entire city. `Candidates offering for the office of mayor and councilmen shall be qualified voters of said city and shall qualify by notifying the city clerk in writing of their intention to seek such vacancies as shall exist in the offices of mayor and councilmen. Each candidate shall specifically designate which vacancy he is seeking to fill. Said notice shall be filed in the office of the clerk twenty-five (25) days prior to the general election for the City of Monroe. Said notices may be received at any time prior to noon of the twenty-fifth (25th) day, and if such qualifying date falls on a Sunday or legal holiday the notice may be received until noon of the following day. Before qualifying with said clerk, an entrance fee shall be paid to the clerk. The entrance fee for the office of mayor shall be $50.00. The entrance fee for councilmen shall be $25.00. Said clerk shall collect all fees and pay them into the treasury of the City of Monroe. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1964, session of the General Assembly of Georgia, a bill to amend the city charter of Monroe, Georgia, so as to provide that all councilmen shall be elected by the voters of the entire city; and for other purposes. This the 23rd day of December, 1963. City of Monroe, By: G. P. Hammond, Mayor Georgia, Walton County. Personally appeared before the undersigned attesting officer, an officer duly qualified to administer an oath, Sanders Camp, publisher of The Walton Tribune, who being duly sworn on oath says that the above and foregoing notice Page 2059 of intention to introduce local legislation was published in The Walton Tribune, the newspaper in which the sheriff's advertisements for Walton County are published, once a week for three weeks in said paper on December 25, 1963; January 1, 1964; and January 8, 1964. /s/ Sanders Camp. Sworn to and subscribed before me, this 13th day of January, 1964. /s/ Hazel M. Prather, Notary Public, Walton Co., Ga. (Seal) Approved January 30, 1964. CITY OF UNADILLAAUTHORITY TO ABANDON ALLEY. No. 539 (House Bill No. 710). An Act to amend an act found in Georgia Laws 1920, at pages 1705 to 1750, inclusively, creating a charter for City of Unadilla, so as to empower governing authorities of mayor and city council of Unadilla to close, abandon, vacate and declare surplus property the platted passageway or alley of and in block 16 delineated in official map of said city appearing on record in clerk's office, Dooly Superior Court, in its plat book No. 1, at pages 108 and 109, and to disclaim unto W. J. Head, Jr., without requirement of consideration rectangular area being the northerly 150 ft. of said platted alley, and for other purposes thereinmentioned. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act of the General Assembly approved 10 August 1920, found in Georgia Laws 1920, published by authority, at pages 1705 to 1750, inclusively, creating a Page 2060 new charter for the City of Unadilla, as heretofore amended, be, and the same hereby is, amended as follows: Section 1. The mayor and aldermen, being the governing authorities, of the municipality, mayor and city council of Unadilla, are hereby empowered by the adoption of ordinance or resolution to close, abandon, vacate and declare surplus property the platted passageway or alley of and in block 16 delineated in the official map of the said city appearing of record in the clerk's office, Dooly Superior Court, in its plat book No. 1, at pages 108 and 109, and to disclaim by the adoption of ordinance or resolution without requirement of consideration to W. J. Head, Jr., rectangular area being the northerly 150 ft. of the said platted alley, and to disclaim by the adoption of ordinance or resolution without requirement of consideration the remaining portion of the said platted alley. Section 2. All laws in conflict with this enactment are hereby repealed to the extent of the conflict. Section 3. Attached hereto as an annexure and made a part of this enactment is copy of the notice to apply for the local legislation herein, certified by the publisher of the newspaper in which the sheriff's advertisements for the locality affected are published, in terms of Article III., Section VII., Paragraph XV., of the Constitution of the State of Georgia. Notice of Proposed Legislation. Notice is, as provided by Constitution of State of Georgia, hereby given this, 9 December 1963, of intention to apply at approaching session of General Assembly for passage of bill to be entitled An Act to amend an Act found in Georgia Laws 1920, at pages 1705 to 1750, inclusively, creating a charter for City of Unadilla, so as to empower governing authorities of mayor and city council of Unadilla to close, abandon, vacate and declare surplus property the platted passageway or alley of and in block 16 delineated in official map of said city appearing on record in clerk's office, Dooly Superior Court, in its plat book no. 1, at pages 108 and 109, Page 2061 and to disclaim unto W. J. Head, Jr. without requirement of consideration rectangular area being the northerly 150 ft. of said platted alley, and for other purposes thereinmentioned. Rooney L. Bowen, Jr., Representative, Dooly County. Affiant herein, namely: Mrs. Madge H. Methvin, personally and voluntarily appeared before the undersigned authority empowered to administer oaths and being first duly sworn on oath says on oath that she, the affiant, is the editor and publisher of Vienna News, a weekly newspaper published in, and being official organ of, Dooly County, Georgia, that at the request of Rooney L. Bowen, Jr., being representative in General Assembly from Dooly County the notice relative to local legislation (whereof a full, true, exact and perfect copy is herewith shown) was duly and in terms of law published in the issues of the withinnamed Vienna News dated respectively 12 December 1963, 19 December 1963 and 25 December 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, 1 January 1964: as witness my signature officially. /s/ Roy B. Friedin, Commercial Notary Public. Dooly County, Georgia. (Seal). Approved January 31, 1964. Page 2062 UPSON COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 540 (House Bill No. 816). An Act to consolidate the offices of tax receiver and tax collector of Upson County into the office of tax commissioner of Upson County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide the term of office; to provide the method of filling vacancies; to make provisions relative to taxes and tax fi fas.; to provide for compensation of said office; to provide for clerical help and the expenses of said office; to provide that all fees, commissions, costs or other perquisites provided by law to be paid to the tax receivers and tax collectors of this State shall be collected by the tax commissioner for the use of Upson County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The offices of tax receiver and tax collector of Upson County are hereby consolidated and combined into the one office of tax commissioner of Upson 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 of the office of tax commissioner created herein shall be held at the same time as the election for other county officers of Upson 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 until their successors are elected and qualified. Nothing herein shall affect the term of office of the present tax collector and tax receiver of Upson County and the terms of such tax collector Page 2063 and tax receiver and the rights, duties and liabilities shall continue through December 31, 1964. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled as is now provided by law for the filling of vacancies in the office of tax collector. First election, etc. Section 3. All taxes due and payable Upson County at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi fas. therefore issued shall have full force and effect and be collectible as issued. Taxes due. Section 4. The tax commissioner shall receive an annual salary of ten thousand and no/100 dollars ($10,000.00), payable in equal monthly installments from the funds of Upson County. Salary. Section 5. After the effective date of this Act, the tax commissioner shall diligently and faithfully undertake to collect all of the fees, commissions, costs and any other perquisites for receiving and collecting taxes which are provided by law to be paid to tax receivers and tax collectors of this state and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the tax commissioner shall furnish the board of commissioners of roads and revenue of such county a detailed itemized statement under oath, of all such funds received during the preceding month by him and paid into the county treasury. Duties. Section 6. It is specifically provided that the salary provided for herein for the tax commissioner shall be in lieu of all fees, commissions, costs and perquisites of whatever kind which are provided by law to be paid to the tax receivers and tax collectors of this state. Fees. Section 7. All expenses incurred by the tax commissioner in operating and discharging the official duties of his office, including, but not limited to, office equipment, materials, supplies, furniture, furnishings, fixtures, utility expenses, Page 2064 costs of repairs and maintenance and employees of his office shall be paid by the county from county funds. The tax commissioner is authorized to employ such personnel to assist him in discharging the official duties of his office as he shall deem proper and to prescribe their duties and assignments and to remove or replace any of such employees at will and within his sole discretion. However, the total expenses incurred by the tax commissioner, including the compensation for all such personnel so employed by him, shall not exceed the budget submitted by the tax commissioner as finally approved in accordance with the provisions set forth hereinafter in this section. Clerical expense, etc. The tax commissioner shall submit a budget to the board of commissioners of roads and revenue of Upson County in such form as may be required by said board on or before November 15 of each year for the operation of his office for the ensuing calendar year. In the event the tax commissioner fails to submit a budget as required herein, the board of commissioners of roads and revenue shall adopt an adequate budget for the operation of his office. In the absence of objections by said board of commissioners of roads and revenue within fifteen (15) days after November 15 of each year (Sundays excepted) the budget submitted by the tax commissioner shall stand approved and said budget shall become an obligation on the funds of Upson County. Budget. In the event the board of commissioners of roads and revenue of Upson County shall object to or disagree with said budget they shall, within fifteen (15) days after the same is submitted to them (Sundays excepted), notify the tax commissioner of their objections of said budget. Said notice shall be in writing and personally delivered to the tax commissioner if he be in the county, otherwise, said notice shall be mailed by registered mail to his residence. Said notice shall set a date for the tax commissioner to appear before the board of commissioners of roads and revenue, which date shall be not less than five (5) days nor more than fifteen (15) days from the date of the notice as herein above required. At said date, the board of commissioners of roads and revenue shall afford the tax commissioner Page 2065 an opportunity to submit to them evidence relating to his proposed budget and after hearing from him, the said board of commissioners of roads and revenue shall prepare and adopt a budget for said tax commissioner and the budget so prepared by them shall be final and conclusive. The final budget so prepared and adopted shall become an obligation on the funds of Upson County. Same. Section 8. The official bond required by law shall be procured by the tax commissioner and the premium and cost thereof shall be paid out of county funds by Upson County. Bond. Section 9. The tax commissioner, before entering upon his duties of his office, shall take the oath prescribed for the tax collector by law and shall give bond as is provided by law. Oath. Section 10. All laws and parts of laws in conflict with this Act 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, 1964, session of the General Assembly of Georgia a Bill to consolidate the offices of the tax receiver of Upson County and the tax collector of Upson County and combine the functions of said offices under the tax commissioner of Upson County; to provide for his compensation; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. This 21st day of December, 1963. /s/ Johnnie L. Caldwell, Representative, Upson County, Georgia. /s/ Talmage B. Echols, Representative, Upson County, Georgia. Page 2066 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 26, 1963, January 2, 1964, and January 9, 1964. Thomaston Publishing Company By: Leon Smith Sworn to and subscribed before me, this 18th day of January, 1964. /s/ Dickson Adams, Notary Public, Upson County, Georgia. My commission expires April 10, 1966. (Seal). Approved February 4, 1964. PICKENS COUNTYOFFICE OF COMMISSIONER OF ROADS AND REVENUES, REFERENDUM. No. 541 (Senate Bill No. 207). An Act to amend an Act creating the office of commissioner of roads and revenues in and for the County of Pickens, approved August 16, 1920 (Ga. L. 1920, p. 598), as amended, so as to abolish said office; to create the office of commissioner of roads and revenues for Pickens County; to provide for election, terms, duties, powers and Page 2067 authority; to provide for filling vacancies; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of commissioner of roads and revenues in and for the County of Pickens, approved August 16, 1920 (Ga. L. 1920, p. 598), as amended, 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. Effective as hereinafter provided, the office of commissioner of roads and revenues in and for the County of Pickens is hereby abolished and in lieu thereof, and as successor thereto, there is hereby created, effective as hereinafter provided, the office of commissioner of roads and revenues for Pickens County. In the event this Act is approved in the referendum election provided for hereinafter, it shall be the duty of the ordinary of Pickens County to issue the call for an election for the purpose of electing a person as commissioner of roads and revenues for Pickens County to serve through December 31, 1964. The ordinary shall issue the call for such election not later than five (5) days after the date of the referendum election provided for hereinafter. He shall set the date for such election for a day not less than fifteen (15) nor more than twenty (20) days after the date of the issuance of the call therefor. Candidates shall be allowed to qualify with the ordinary up until eight (8) days prior to the date of the election. The ordinary shall hold such election under the same laws and rules and regulations as govern general elections except as otherwise provided for herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. The expense of such election shall be borne by Pickens County. The person elected in such election shall take office on the first day of the month immediately following the month in which such election is held and shall serve through December 31, 1964. Until the date such person takes office, the person serving as commissioner of roads and revenues in and for the County of Pickens shall continue to serve. New office, etc. Page 2068 At the general election in 1964, a commissioner of roads and revenues for Pickens County shall be elected to take office January 1, 1965 for a term of four (4) years and until his successor is elected and qualified. At the general election each four years thereafter a commissioner shall be elected to take office on the first day of January immediately following his election for a term of four (4) years and until his successor is elected and qualified. Section 2. Said Act is further amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. All persons eligible to hold other county offices shall be eligible to hold the office of commissioner of roads and revenues for Pickens County. Should a vacancy occur in said office by death, resignation, or any other reason other than expiration of term of office, the ordinary shall act as commissioner until a person to serve the unexpired term is elected as hereinafter provided. In the event of such vacancy, it shall be the duty of the ordinary to issue the call for an election to fill the unexpired term. Such call shall be issued not more than ten (10) days after the date of such vacancy. The ordinary shall set the date for such election for a day not less than fifteen (15) nor more than twenty (20) days after the date of the issuance of the call therefor. Candidates shall be allowed to qualify with the ordinary up until eight (8) days prior to the date of the election. The ordinary shall hold such election under the same laws and rules and regulations as govern general elections except as otherwise provided for herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. The expense of such election shall be borne by Pickens County. The person elected in such election shall take office on the first day of the month immediately following the month in which such election is held and shall serve for the remainder of the unexpired term and until his successor is elected and qualified. In the event such vacancy occurs not more than three (3) months prior to the date of the expiration of a term, no such election shall be held but in lieu thereof the ordinary shall serve for the remainder of the unexpired term. Vacancies, etc. Page 2069 Section 3. Said Act is further amended by adding a new section to be known as section 2A to read as follows: Section 2A. The remaining provisions of the aforesaid Act of 1920, as amended, shall remain in force and effect and shall be applicable to the office of commissioner of roads and revenues for Pickens County in the same manner as they were applicable to the office of commissioner of roads and revenues in and for the County of Pickens prior to the abolishment of said office. Intent. Section 4. Not less than ten (10) nor more than fifteen (15) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Pickens County to issue the call for an election for the purpose of submitting this Act to the voters of Pickens County for approval or rejection. The ordinary shall set the date of such election for a day not less than fifteen (15) nor more than twenty (20) days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Pickens County. The ballot shall have written or printed thereon the words: For approval of the Act abolishing the present office of Commissioner of Roads and Revenues in and for the County of Pickens and creating the new office of the Commissioner of Roads and Revenues for Pickens County. Referendum. Against approval of the Act abolishing the present office of Commissioner of Roads and Revenues in and for the County of Pickens and creating the new office of the Commissioner of Roads and Revenues for Pickens 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 more than one-half 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 Pickens County. Page 2070 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. See Enrolled Act for affidavit and advertisement. Approved February 6, 1964. CITY OF PELHAMTAX RATE. No. 543 (House Bill No. 721). An Act to amend an Act entitled An Act to amend the charter of the City of Pelham so as to empower said city to levy an ad valorem tax not to exceed twelve mills on all the property, real and personal within the corporate limits of said city which is taxable under the laws of the State for the purpose of supporting and maintaining the schools of said City of Pelham; to extend the corporate limits of the said City of Pelham; and for other purposes. approved January 30, 1946 (Ga. L. 1946, p. 592), so as to increase the maximum millage levy for educational purposes in the City of Pelham; 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 City of Pelham so as to empower said city to levy an ad valorem tax not to exceed twelve mills on all the property, real and personal within the corporate limits of said city which is taxable under the laws of the State for the purpose of supporting and maintaining the schools of said City of Pelham; to extend the corporate limits of the Page 2071 said City of Pelham, and for other purposes., approved January 30, 1946 (Ga. L. 1946, p. 592), is hereby amended by striking from section 1 the word twelve and inserting in lieu thereof the word eighteen, so that when so amended, section 1 shall read as follows: Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that from and after the passage of this act, that the City of Pelham, in the County of Mitchell, State of Georgia, shall have the right to levy an ad valorem tax not to exceed eighteen mills on all the property, real and personal, within the corporate limits of said City of Pelham which is taxable under the laws of the State of Georgia, for the purpose of supporting and maintaining the schools of said City of Pelham. Section 2. All laws and parts of laws in conflict with this act are hereby repealed. Notice of Local Legislation. Georgia, Mitchell County. Notice is hereby given that there will be introduced at the 1964 session of the General Assembly of Georgia convening on January 13, 1964, a bill to amend an act entitled An Act to amend the charter of the City of Pelham so as to empower said city to levy an ad valorem tax not to exceed twelve mills on all the property, real and personal within the corporate limits of said city which is taxable under the laws of the State for the purpose of supporting and maintaining the schools of said City of Pelham; to extend the corporate limits of the said City of Pelham; and for other purposes., approved January 30, 1946 (Ga. L. 1946, p. 592), so as to increase the maximum millage levy for educational purposes in the City of Pelham to eighteen mills; to repeal conflicting laws; and for other purposes. Page 2072 This the 16th day of December, 1963. Frank S. Twitty, Representative, Mitchell County, Georgia. Georgia, Mitchell County. Personally appeared before me, the undersigned officer, duly authorized to administer oaths, Frank S. Twitty, who, on oath, deposes and says that he is Representative from Mitchell County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise, which is the official newspaper organ of said county, on the following dates, December 19 and 26, 1963, and January 2, 1964. /s/ Franck S. Twitty, Representative, Mitchell County, Georgia. Sworn to and subscribed before me, this 10th day of January, 1964. /s/ Irene W. Wallace, Notary Public, Mitchell County, Georgia. My Commission Expires Dec. 9, 1965. (Seal). Approved February 6, 1964. CITY OF PELHAMSCHOOL BOARD. No. 544 (House Bill No. 788). An Act to amend an Act entitled An Act to amend the charter of Pelham, so as to provide for a system of public schools; provide for the owning of real and personal property; for the improvement, leasing and renting of same; to provide sanitary regulations and suitable penalties for enforcing the ordinances of said town; to provide suitable revenues for said town, and for other purposes., Page 2073 approved December 12, 1901 (Ga. L. 1901, p. 611), so as to provide for a board of education for the public school system of the City of Pelham; to provide for its composition, election and terms of office; to authorize the board to borrow funds for school purposes; to declare the legislative intent of this Act; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend the charter of Pelham, so as to provide for a system of public shcools; provide for the owning of real and personal property; for the improvement, leasing and renting of same; to provide sanitary regulations and suitable penalties for enforcing the ordinances of said town; to provide suitable revenues for said town, and for other purposes., approved December 12, 1901 (Ga. L. 1901, p. 611), is hereby amended by striking in its entirety section 1 and substituting in lieu thereof a new section 1 to read as follows: Section 1. There is hereby created in lieu of the present board of education for the City of Pelham provided for by municipal ordinance a board of education to be composed of seven members to be elected as hereinafter provided, and the mayor of the City of Pelham as an ex officio member who shall be entitled and empowered to exercise all of the incidents of membership on the board. The present members of the board of education for the City of Pelham shall constitute the new board of education created by this Act, and each member shall serve out the unexpired portion of his respective term of office. On the second Tuesday of November, 1964, there shall be held an election to fill those vacancies occurring on the board in 1965. Those candidates elected to the board therein shall serve for a term of office of three years and until their successors are duly elected and qualified. On the second Tuesday in November, 1965, there shall be held an election to fill vacancies which occur on the board in 1966. Those candidates elected to the board therein shall serve for a term of office of four years and until their successors are duly elected and qualified. Thereafter those members elected Page 2074 to the board in all subsequent elections shall serve for a term of office of four years and until their successors are duly elected and qualified. School board. The board of education of the City of Pelham is authorized to incur temporary indebtedness not to exceed seventy-five percent of the total, gross revenue collected by the city for the board for the immediate preceding fiscal year from taxes collected for educational purposes. The new board of education of the City of Pelham created herein shall succeed to all property rights, choses in action, rights, duties, obligations and liabilities, and exercise all the powers formerly possessed by the board of education of the City of Pelham. Section 2. It is the purpose and intent of this Act to provide for the existing independent school system of the City of Pelham a statutorily sanctioned board of education in lieu of the previous board of education created by municipal ordinance, and it is not the intent of the General Assembly to create a new nor abolish the present existing independent school system of the City of Pelham. Intent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Mitchell County. Notice is hereby given that there will be introduced at the January 1964 session of the General Assembly, a bill to amend an Act amending the charter of Pelham relating to a system of public shcools for Pelham, approved December 12, 1901 (Ga. L. 1901, p. 611), so as to create a board of education for the public school system of Pelham; to provide for terms; to authorize the board to borrow funds for school purposes; and for other purposes. This 31st day of December, 1963. Frank S. Twitty, Representative, Mitchell County, Georgia. Page 2075 Georgia, Mitchell County. Personally appeared before me, the undersigned officer, duly authorized to administer oaths, Frank S. Twitty, who on oath, deposes and says that he is Representative from Mitchell County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise, which is the official newspaper organ of said county, on the following dates, January 2, 9, and 16, 1964. /s/ Frank S. Twitty, Representative, Mitchell County, Georgia. Sworn to and subscribed before me, this 18th day of January, 1964. /s/ Irene W. Wallace, Notary Public, Mitchell County, Georgia. My Commission Expires Dec. 9, 1965. (Seal). Approved February 6, 1964. CITY COURT OF LEESBURGABOLISHED. No. 545 (House Bill No. 847). An Act to repeal an Act entitled: An Act to establish the City Court of Leesburg, in and for the County of Lee, to define its jurisdiction and powers, to provide for the appointment of a judge, solicitor-general, and other officers thereof, and to define their powers and duties, to provide for leading and practice and new trials therein, writs of error therefrom, and for other purposes., approved August 21, 1905, (Ga. L. 1905, p. 266), as amended; to provide for the disposition of all suits, cases, papers, processes, books, indices, and other matters of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 2076 Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled: An Act to establish the City Court of Leesburg, in and for the County of Lee, to define its jurisdiction and powers, to provide for the appointment of a judge, solicitor-general, and other officers thereof, and to define their powers and duties, to provide for pleading and practice and new trials therein, writs of error therefrom, and for other purposes, approved August 21, 1905 (Ga. L. 1905, p. 266), as amended, is hereby repealed in its entirety, and the City Court of Leesburg, in and for the County of Lee, as provided for therein is hereby abolished. Abolished. Section 2. All mesne and final processes for the City Court of Leesburg which have not been executed at the time that this Act takes effect shall be returned to the Superior Court of Lee County, Georgia. All civil and criminal cases pending in the said City Court of Leesburg on the effective date of this Act are hereby transferred to the Superior Court of Lee County. All books and papers attaching to such civil actions or such criminal actions shall be transferred to the proper officers of the Superior Court of Lee County, and in all other respects the Superior Court of Lee County shall, on and after the effective date of this Act, stand substituted for the said City Court of Leesburg in civil and criminal matters of every kind and nature and all subsequent processings shall be the same as though such cases had been originally filed in the Superior Court of Lee County. All books, indices and property of any nature whatsoever, after the effective date of this Act, shall be and become the property of the Superior Court of Lee County. Transfer of cases, etc. Section 3. This Act shall become effective at 12:01 a.m. on the first day of January, 1965. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Georgia, Lee County: Notice is hereby given by the undersigned that a Bill to Page 2077 abolish the City Court of Leesburg will be offered at the January session of the General Assembly of the State of Georgia. H. G. Hall, Representative, Lee County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Goodwin Hall, who, on oath, deposes and says that he is Representative from Lee County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Albany Herald, which is the official organ of said county, on the following dates: December 27, 1963; January 3, 10, 1964. /s/ H. Goodwin Hall, Representative, Lee County. Sworn to and subscribed before me, this 20th day of January, 1964. /s/ Patty Sue Hurst, Notary Public. (Seal). Approved February 11, 1964. Page 2078 CITY OF JASPERCHARTER AMENDEDREFERENDUM. No. 548 (House Bill No. 935). An Act to amend an Act incorporating and creating a new charter for the City of Jasper, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3120), as amended, so as to change the corporate limits of said city; to authorize the mayor and council of the City of Jasper for the benefit of its officers, agents and employees from time to time to contract with a private insurance company or companies for group liability insurance, group accident insurance, group health insurance, group hospital insurance or group medical insurance or any combination of such insurance and any other type or kind of group insurance; to provide that the cost of such insurance for the officers, agents and employees may be borne exclusively by the City of Jasper or may be borne exclusively by the officers, agents and employees of the City of Jasper, or may be partly borne by the City of Jasper and partly by its officers, agents and employees; to provide for deduction from the payroll for such officers, agents and employees to pay such costs as is to be borne by them; to authorize the mayor and council of the City of Jasper to increase, enlarge, decrease or terminate any and all such insurance; to provide that no officer, agent or employee shall have any right, vested or otherwise, in the continuance of any such insurance once placed in force; to provide for severability; 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 and creating a new charter for the City of Jasper, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3120), as amended, is hereby amended by adding at the end of section 51 a subsection to be designated as A and to read as follows: A. The corporate limits of the City of Jasper shall include the following described property: Page 2079 Beginning at a point on the west right of way of the L. N. Railroad at the present north city limits, thence northwesterly along said right of way a distance of 3960 feet to a point, 667 feet north of L. N. Railroad mile post 430, thence N. 88 30[UNK] east a distance of 5040 feet to a point at a marble marker, thence S. 59 00[UNK] east a distance of 8400 feet to a point at a marble marker, thence S. 1 30[UNK] east a distance of 2640 feet to a point, at a marble marker, thence S. 88 30[UNK] west a distance of 2640 feet to a point on the Center of L. N. Railroad and the south city limits of the City of Jasper, this point being 490 feet south of the railroad crossing and the Rubber Plant Road, containing 438 acres, more or less. Corporate limits. Section 2. Said Act is further amended by adding at the end of section 3 a subsection to be designated A and to read as follows: A. The mayor and council of the City of Jasper shall have authority, for any or all of its officers, agents and employees, from time to time, to contract with a private insurance company, or companies for group life insurance, group accident insurance, group health insurance, group hospitalization insurance and group medical insurance, or any combination of such insurance, and any other type or kind of group insurance. Provided, however, that no officer, agent or employee of the City of Jasper shall be included in any such contract without his consent. Insurance. 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. No officer, agent or employee shall have any right, vested or otherwise, in the continuance of any insurance Page 2080 once placed in force. The said mayor and council shall have the uncontrolled right and authority, from time to time, to decrease or terminate any or all of such insurance, and may, with the consent of the affected officers, agents, or employees of said city, increase such insurance and add additional forms of insurance. The mayor and council shall have the right and authority, with the consent of the affected officers, agents or employees of said city, to increase the amount of the contribution of any officer, agent, or employee of said city to the cost of such insurance, provided, however, that if any such officer, agent or employee shall not consent to such increased contribution, then the mayor and council shall have the right to terminate such insurance for such officer, agent or employee. The cost of any such insurance borne by the city shall come from its operating revenue, and the treasurer of the City of Jasper shall have authority to make payroll deductions for the cost to be borne by said officers, agents and employees. Section 3. If any section or portion of any section of this Act shall be held invalid, the remainder of such section and Act shall remain in full force and effect. Severability. Section 4. Not less than fifteen nor more than thirty days after approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Pickens County, as to the area in Pickens County outside the existing corporate limits of the City of Jasper proposed to be annexed, and it shall be the duty of the mayor of the City of Jasper, as to the City of Jasper, to issue the call for an election for the purpose of submitting section 1 of this Act to the voters of the area of Pickens County outside the existing corporate limits of the City of Jasper proposed to be annexed and to the voters of the City of Jasper for approval or rejection in both areas. The ordinary and the mayor shall set the date of such election not less than fifteen nor more than thirty days after the call for election has been issued. The ordinary and the mayor shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official Page 2081 organ of Pickens County and the official gazette of the City of Jasper, respectively. The ballot shall have printed thereon the words: For approval of Section 1 of the Act extending the corporate limits of the City of Jasper. Referendum. Against approval of Section 1 of the Act extending the corporate limits of the City of Jasper. All persons desiring to vote in favor of section 1 of the Act shall vote for approval and those persons desiring to vote for rejection of the Act shall vote against approval. If the majority of the votes cast on such question in both the City of Jasper and in the area of Pickens County outside the existing corporate limits of the City of Jasper proposed to be annexed are for approval of section 1 of the Act, then it shall become of full force and effect. If less than the majority of the votes cast in either the City of Jasper or in the area of Pickens County outside the corporate limits of the City of Jasper proposed to be annexed are for approval of section 1 of the Act, then it shall be void and of no force and effect. The expense of such election in the proposed area outside the corporate limits proposed to be annexed shall be borne by Pickens County. The expense of such election in the City of Jasper shall be borne by the City of Jasper. It shall be the duty of the ordinary and the mayor to hold and conduct such election in their respective areas. It shall be the duty of the ordinary and the mayor to canvass the returns and declare and certify the results of the respective elections. It shall be the further duty of the ordinary of Pickens County to certify the results of the elections to the Secretary of State. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1964 session of the General Assembly of Georgia Page 2082 a Bill to amend the city charter of Jasper, Georgia and all amendments thereto to increase the city limits of Jasper, Georgia and to authorize the governing body of the City of Jasper, Georgia to provide group or other insurance for the benefit of its employees. /s/ Will Poole, Representative, Pickens Co. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Will Poole, who, on oath, deposes and says that he is Representative from Pickens County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pickens County Progress, which is the official organ of said county, on the following dates: December 19, and 26, 1963; January 16, 1964. /s/ Will Poole, Representative, Pickens Co. Sworn to and subscribed before me, this 29th day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved February 14, 1964. DOUGLAS COUNTYOFFICERS PLACED ON SALARY BASIS. No. 553 (House Bill No. 1027). An Act to abolish the present mode of compensating the clerk of the superior court, the sheriff, the ordinary, and the tax commissioner of Douglas County, known as the fee system, or fee system supplemented by a salary; to provide in lieu thereof annual salaries for such officers; Page 2083 to provide that all fees, costs or other emoluments of each of said officers shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said offices; to provide for the employment of deputies, clerks, assistants and all required personnel by such officers; to provide for the compensation for such personnel; 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 present mode of compensating the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Douglas County, known as the fee system, or fee system supplemented by a salary, is hereby abolished, and in lieu thereof, annual salaries for such officers are prescribed as hereinafter provided. Placed on salary basis. Section 2. The clerk of the superior court shall receive an annual salary of $9,500.00, payable in equal monthly installments from the funds of Douglas County. Clerk of superior court. Section 3. The sheriff shall receive an annual salary of $9,500.00, payable in equal monthly installments from the funds of Douglas County. Sheriff. Section 4. The ordinary shall receive an annual salary of $8,500.00, payable in equal monthly installments from the funds of Douglas County. Ordinary. Section 5. The tax commissioner shall receive an annual salary of $9,500.00, payable in equal monthly installments from the funds of Douglas County. Tax commissioner. Section 6. After the effective date of this Act, said officers shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies, and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in their respective offices, and shall receive and Page 2084 hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, each of said officers shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 7. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by 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, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and 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. Tax commissioner. Section 8. (a) The clerk of the superior court is authorized to appoint a chief deputy clerk to assist him in discharging the official duties of his office. The clerk shall fix the compensation of such chief deputy between $3,600.00 and $4,800.00 per annum. The clerk is further authorized to employ a typist, whose compensation shall be fixed by the clerk between $3,000.00 and $3,600.00 per annum. Clerical help, etc. (b) The sheriff is authorized to appoint two deputy sheriffs who shall receive as compensation for their services as such, $6,500.00 per annum, respectively. (c) The ordinary is authorized to appoint a clerk whose compensation shall be fixed by the ordinary between $3,000.00 and $3,600.00, per annum. (d) The compensation provided for above shall be paid in Page 2085 equal monthly installments from the funds of Douglas County. (e) In addition to the personnel provided for above, each of said officers is authorized to employ such additional personnel as shall be needed to efficiently and effectively discharge the official duties of their respective offices. It shall be within the sole discretion of the governing authority of Douglas County to approve and fix the number and compensation to be received by each of such additional personnel and employees. (f) It shall be within the sole power and authority of each of said officers, during his respective term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Section 9. The necessary operating expenses of each of said offices, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles, and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of each office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements for each office shall be at the sole discretion of the governing authority of Douglas County. Operating expenses. Section 10. The official bonds of each of said officers, and the respective deputies, clerks, assistants and other personnel, as may be required by law, shall be procured by each elected officer, and the premiums and costs thereof shall be paid out of any county funds available for that purpose. Bonds. Section 11. The provisions of this Act shall become effective on January 1, 1965. Effective date. Page 2086 Section 12. 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, 1964 Session of the General Assembly of Georgia, a bill to place all elected officials of Douglas County on the salary system, instead of the fee system; and for other purposes. /s/ A. A. Fowler, Jr., Representative, Douglas County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. A. Fowler, Jr., who, on oath, deposes and says that he is Representative from Douglas County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel, which is the official organ of said county, on the following dates: January 16, 23 and 30, 1964. /s/ A. A. Fowler, Jr., Representative, Douglas County, Georgia. Sworn to and subscribed before me, this 5th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved February 17, 1964. Page 2087 HANCOCK COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 554 (House Bill No. 794). An Act to amend an Act incorporating the offices of tax receiver and tax collector of Hancock County into the office of tax commissioner of Hancock County, approved February 9, 1956 (Ga. L. 1956, p. 2037), 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 incorporating the offices of tax receiver and tax collector of Hancock County into the office of tax commissioner of Hancock County, approved February 9, 1956 (Ga. L. 1956, p. 2037), is hereby amended by striking from section 4 the figure $5,000.00 and inserting in lieu thereof the figure $6,000.00, so that when so amended section 4 shall read as follows: Section 4. The tax commissioner shall be compensated in the amount of $6,000.00 per annum, to be paid in equal monthly installments from the funds of Hancock County. All fees, commissions, costs or any other perquisites collected by the tax commissioner shall be the property of Hancock County, and shall be turned over to the fiscal authority of said county with a detailed, itemized statement of the services for which such fees were collected. 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 1964 Session of the General Assembly of Georgia, a bill to amend an Act creating the office of tax commissioner of Hancock County, approved February 9, 1956 (Ga. L. 1956, p. 2037), so as to change the compensation of the tax commissioner; and for other purposes. Page 2088 This 21st day of December, 1963. Marvin E. Moate, Representative, Hancock County. Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin E. Moate, who, on oath, deposes and says that he is Representative from Hancock County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sparta Ishmaelite, which is the official organ of said county, on the following dates: December 26, 1963, January 2, 1964, January 9, 1964. /s/ Marvin E. Moate, Representative, Hancock County. Sworn to and subscribed before me, this 20th day of January, 1964. /s/ Frank E. Blankenship, Notary Public. (Seal). Approved February 18, 1964. HANCOCK COUNTYOFFICERS PLACED ON SALARY BASISREFERENDUM. No. 555 (House Bill No. 833). An Act to place the sheriff, ordinary, and the clerk of the superior court of Hancock County on an annual salary in lieu of the fee system of compensation; to provide for compensation to the sheriff for a deputy; to provide for compensation to the sheriff for an automobile; to provide for the office expenses of said officers; to provide for the disposition of all fines, costs, fees, and commissions collected by such officers; to provide for severability; to Page 2089 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 Hancock County, the ordinary, and the clerk of the superior court of Hancock 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, 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 Hancock County shall receive an annual salary of $6,000.00 per annum, to be paid in twelve monthly installments on the last business day of each calendar month from the funds of Hancock County. The sheriff is hereby authorized to appoint a deputy and the sheriff shall be compensated for a deputy, whether appointed or not, in the amount of $500.00 per annum, to be paid in twelve equal monthly installments on the last business day of each calendar month from the funds of Hancock County. Sheriff. The sheriff shall be personally responsible for furnishing an automobile to be used by him in the performance of his duties and the sheriff shall be compensated for said automobile in the amount of $3,000.00 per annum, to be paid in twelve equal monthly installments on the last business day of each calendar month from the funds of Hancock County. The governing authority of Hancock County, in its discretion, is hereby authorized to increase the compensation paid to the sheriff for an automobile in the amount of $1,000.00 per annum if, in its opinion, the sheriff is conscientiously, diligently, fairly, and impartially performing the duties of his office. Section 3. The ordinary of Hancock County shall receive an annual salary of $5,000.00 per annum, payable in twelve Page 2090 equal monthly installments on the last business day of each calendar month from the funds of Hancock County. Ordinary. Section 4. The clerk of the superior court of Hancock County shall receive an annual salary of $6,000.00 per annum, payable in twelve equal monthly installments on the last business day of each calendar month from the funds of Hancock County. Clerk of Superior Court. Section 5. It shall be the duty of the governing authority of Hancock County to provide or cause to be provided to the sheriff, ordinary, and the clerk of the superior court, sufficient office supplies and equipment, including appropriate personal law equipment for the sheriff, as may be reasonably necessary to permit such officers to properly carry out the duties of their offices. Office supplies, etc. Section 6. 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 Hancock 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 7. 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 of adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the Page 2091 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 8. Not less than 30 nor more than 90 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Hancock County to issue the call for an election for the purpose of submitting this Act to the voters of Hancock 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 Hancock 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 Hancock 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 Hancock 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 more than one-half 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 Hancock County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 9. The provisions of this Act, if approved as provided for above, shall become effective January 1, 1965. Effective date. Page 2092 Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1964 Session of the General Assembly of Georgia, a bill to place the sheriff, the clerk of the superior court and the ordinary of Hancock County on a salary basis in lieu of a fee basis; to provide for matters relative thereto; to provide for a referendum; and for other purposes. This 21 day of December, 1963. Marvin E. Moate, Representative, Hancock County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin E. Moate, who, on oath, deposes and says that he is Representative from Hancock County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Sparta Ishmaelite, which is the official organ of said county, on the following dates: December 26, 1963; January 1, 8, 1964. /s/ Marvin E. Moate, Representative, Hancock County. Sworn to and subscribed before me, this 21st day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved February 18, 1964. Page 2093 COOK COUNTYELECTION OF COMMISSIONERS OF ROADS AND REVENUESREFERENDUM. No. 556 (House Bill No. 1090). An Act to amend an Act creating a board of commissioners of roads and revenues for Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved February 21, 1947 (Ga. L. 1947, p. 7), so as to change the manner of electing members to the board; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved February 21, 1947 (Ga. L. 1947, p. 7), is hereby amended by striking the last two paragraphs of section 2A and substituting in lieu thereof the following: There shall be elected to the board one member from each of the three districts named above. To be eligible to represent a district on the board, a candidate therefor must reside within the respective district for which he seeks election. That candidate receiving the highest number of votes cast for each vacancy on the board by the voters of the entire county shall be elected to the board. Districts. Section 2. It shall be the duty of the ordinary of Cook County to issue the call for an election for the purpose of submitting this Act to the voters of Cook County for approval or rejection. The ordinary shall set the date of such election for March 4, 1964. 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 Cook County. The ballot shall have written or printed thereon the words: For approval of the Act so as to provide for the election of County Commissioners by the voters of the entire county. Referendum. Page 2094 Against approval of the Act so as to provide for the election of County Commissioners by the voters of the entire 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 more than one-half 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 Cook 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 that there will be introduced at the January 1964 session of the General Assembly of Georgia a Bill to amend an Act creating a board of commissioners of roads and revenues for Cook County, so as to change the method and manner of electing commissioners; to provide for a Referendum; to repeal conflicting laws; and for other purposes. This the 21st day of January 1964. Wilson B. Wilkes, Representative, Cook County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wilson B. Wilkes, who, on oath, deposes and says that he is Representative Page 2095 from Cook County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Adel News, which is the official organ of said county, on the following dates: January 22, 29, and February 5, 1964. /s/ Wilson B. Wilkes, Representative, Cook County. Sworn to and subscribed before me, this 10th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved February 18, 1964. McDUFFIE COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUESREFERENDUM. No. 565 (Senate Bill No. 230). An Act to create a board of commissioners of roads and revenues of McDuffie County, Georgia; to provide for the composition of the board; to prescribe the manner of election, term of office, qualifications, compensation, powers, duties and responsibilities of the chairman and members of the board; to provide the procedure for calling regular meetings of the board, as well as any special meeting; to provide for the date of meetings of the board; to provide that the press shall not be excluded from any meetings of the board, other than executive sessions; to provide for making public the minutes of executive sessions of the board; to provide that the board shall meet at certain times to determine the policies of the board; to provide that after the adoption of such policies as aforesaid the same may not be changed or altered except in a regular meeting; to provide for the dismissal of Page 2096 county employees under certain circumstances; to provide that the chairman of the board be placed under bond payable to the board; to provide for the employment of a clerk of the board of commissioners of roads and revenues; to provide for his duties and responsibilities; to provide a bond for the clerk of the board; to provide for filling the position of chairman in the event of his absence or incapacity; to provide for the method of declaring the office of chairman of the board to be vacant; to provide that the chairman shall devote his full time to the duties of his office; to provide that with unanimous consent of the board the chairman may engage in any other business he shall desire; to provide for forfeiture of office of chairman under certain circumstances; to prohibit the chairman and members of the board from in any way engaging in business transactions, on behalf of the board, with any business in which said chairman or members has an interest; to provide that any such prohibited transaction shall be void; to provide for certain penalties and procedures connected with such transaction; to provide for a purchasing policy; to prohibit certain purchases; to provide for an annual audit of the books and records of the board; to provide for publication of such audit; to repeal specific laws; to repeal conflicting laws; to provide for a referendum; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a board of commissioners of roads and revenues of McDuffie County, Georgia, to be composed of four members and a chairman. Created. Section 2. One member of the board shall be elected from and by the qualified voters of the Dearing (133rd) Militia District. The candidates for this office shall be residents of said militia district, and the candidate receiving the highest number of votes in an election for said position shall be elected thereto. Districts. The remaining three members of the board shall be elected from and by the qualified voters of the remaining Page 2097 militia districts of the county. The three candidates for these three offices receiving the highest number of votes shall be elected. The chairman of the board shall qualify to run solely for that position and shall be elected by the qualified voters of the county at large. In the event a majority vote is not obtained by any candidate for the position of chairman of the board, in the regular or primary election, then no less than five days nor more than ten days after such election the ordinary shall issue a call for a run-off special election between the two top candidates. Any such run-off special election shall be held within fifteen days after the regular or primary election. Chairman. Section 3. The term of office for the members and chairman of the board shall be for a period of four years, beginning on the first Monday in January, 1965. The present commissioners of roads and revenues of McDuffie County shall continue in such capacity until the new members and chairman are duly qualified. Terms. Section 4. The members and chairman of the board of commissioners of roads and revenues of McDuffie County shall be citizens of this State who have attained the age of twenty-one years, who have been legal residents of McDuffie County for not less than two years immediately preceding the date of their election, who are freeholders in McDuffie County, who have paid their taxes to date, and who are qualified and registered in McDuffie County to vote for members of the General Assembly. No chairman or members of the board shall be eligible to hold any other county, municipal, State or Federal office during his term of office on the board. Qualifications. Section 5. The board shall meet at least once a month, on a day to be set by a majority vote of the board, it being required that public notice be given of the time, place and date of each such meeting. The board may hold special meetings at any time on the call of the chairman or on the call of the majority of the members of the board: Provided, however, no such special or called meeting shall be Page 2098 held for any purpose unless notice thereof has been given in writing to all members of the board at least 48 hours prior to the time set for said meeting. Said notice may be waived by the members of the board, provided the waivers are in writing and signed by all members of the board and made a part of the record. Proceedings of any meetings not held in conformity and in compliance with the foregoing shall be null, void and of no effect. Meetings. Section 6. The board shall hold no executive or secret meetings unless consented to by the unanimous consent of the members and chairman of the board, said consent to be in writing and to be made a part of the record. The absence of one or more members or of the chairman will operate to prevent the holding of an executive or secret session. The press and other news media shall not be excluded from any meetings of the board, other than executive sessions, and the complete minutes of such executive sessions shall be made available to the public within 24 hours after any such meeting. Same. Section 7. A majority vote of the entire board will control the determination of all policies of the board. All members of the board shall be required to vote on all questions coming before the board unless he or they or any of them shall be disqualified to vote thereon because of conflict of interest or other legal reason. The chairman shall be the executive administrator of all policies of the board and shall be required to vote on all questions coming before the board, just as other members are so required, unless he shall be disqualified to vote thereon because of conflict of interest or other legal reason. The chairman shall have authority, with the concurrence and approval of a majority of the members of the board, to employ all personnel and county employees and such clerical help as is necessary, in their judgment, to conduct the affairs of the office properly, and at such salaries as they may deem proper. Powers, etc. Section 8. The chairman shall act as county treasurer and shall have all the duties imposed by law upon the treasurer except such duties as may be in conflict with the Page 2099 duties specifically imposed herein, but no additional salary shall be allowed for such position as treasurer. Treasurer. Section 9. The total salary of the chairman shall be eight thousand dollars ($8,000.00) per annum, payable in equal installments at the end of each month. All other members of the board shall receive three hundred dollars ($300.00) per annum each, payable on the first day of each year. Salaries. Section 10. In addition to the salaries set forth above, the chairman and other members of the board shall be allowed and paid reasonable travel expenses while travelling outside the county on county business: Provided, however, no single item of travel expense in excess of twenty-five dollars ($25.00) shall be incurred without prior approval of a majority of the board. Expenses. Section 11. At the first meeting in January of each year the board shall hold, in addition to its regular meeting, a meeting to determine the policies of the board as to its employees, their salaries and duties, and what disciplinary measures shall be taken against employees who have been or are derelict in their duties. In addition to the policies relating to the employees, the board shall also determine its policies as to the building or construction of roads and bridges, not including State or Federal highways, and policies as to the repair and upkeep of said roads and bridges. After the adoption of said policies as hereinbefore stated, the same may not be changed or altered in any respect except at a regular meeting of the board at which at least four members are present. The chairman shall deliver all orders and instructions to all employees of the county in accordance with the aforesaid policies, and said orders and instructions may not be countermanded by any other member or members of the board except at a regular meeting as aforesaid. Willful disobedience of an order of the chairman shall be grounds for dismissal of any employee of the county, and the board shall not have the authority to reinstate said employee except with the consent and approval of the chairman. Powers, etc. Page 2100 Section 12. The board shall be charged with the entire fiscal responsibility of the county, and shall have the general duty to see that all fines, bond forfeitures, cash bonds, tax collections and other fees, and all other county income and county funds are properly and promptly remitted to the county treasurer. The board shall be obligated to pay all salaries or other lawful claims against the county from the funds of the county. Duties. Section 13. The board shall have exclusive jurisdiction and control over the following matters, to wit: In managing and controlling all property of the county as they may deem it for the best interest of the county according to law; in levying general taxes for general purposes and special taxes for special purposes, according to law; in establishing, maintaining or abolishing all roads, bridges, and ferries, according to law; in having an accounting with all county officers charged with receipt and disbursement of county funds, and bringing them to a settlement; in establishing or abolishing or changing election precincts or militia districts; in providing for the paupers of the county; the promotion of the health of the county, in accordance with law; in examining the tax digests of the county and the correction of errors therein; in regulating and fixing license fees as may be provided by law; in supplying by appointment all vacancies in county offices and ordering elections to fill the same; in examining, settling and allowing all claims against the county; in electing and appointing all officers and employees of said county, whose election is not provided for by law, and in fixing their duties and compensation and in making all rules and regulations covering the scope and duty of such officers and employees; and to have and exercise all the powers heretofore vested by law in the ordinaries of the counties of Georgia when sitting for county purposes, and to exercise all other such powers as are granted by law, or as may be indispensable to their jurisdiction over county matters or county finances, including the power to administer oaths, subpoena witnesses and punish for contempt. The enumeration of powers and duties hereinbefore made shall not be construed as a limitation of the powers of the board to such powers expressly enumerated. The board is hereby expressly given complete Page 2101 power, authority, and control relative to county matters of McDuffie County. Same. Section 14. The chairman shall be placed under a bond of fifty thousand dollars ($50,000.00) payable to the board of commissioners of roads and revenues of McDuffie County, conditioned upon his performance of his duties in accordance with law, the premium for such bond to be paid by the county. Chairman's bond. Section 15. The board shall have authority to employ a clerk of the board of commissioners of roads and revenues of McDuffie County, whose duties shall be to record the minutes of all meetings, to countersign all county warrants, and perform such other duties as may be required by the chairman. The clerk shall come within the provisions heretofore set out relating to the policies of the board as to county employees, and as relates to removal from employment for willful disobedience of an order of the chairman. The clerk shall be placed under a bond of fifty thousand dollars ($50,000.00) payable to the board of commissioners of roads and revenues of McDuffie County, the premium to be paid by the county. Clerk. Section 16. The board shall have the authority to appoint one of its members as vice-chairman of the board. In the absence of the chairman or in the event of his incapacity, or in the event of his failure to perform his duties for any cause, then the vice-chairman shall act as chairman of the board and shall have all the duties, powers and responsibility of the chairman. The absence of the chairman from his office for a continuous period of two calendar months will authorize the board, in its discretion, to declare the office of the chairman to be vacant, and they shall proceed to fill said vacancy, by appointment, until such time as the ordinary can proceed to call and conduct an election to fill the vacancy. Vice-chairman. Section 17. The chairman shall devote his full time to the duties of his office and shall not be permitted to engage in any other business which would require any of his time except by unanimous consent of the board. If the chairman Page 2102 shall continue in an outside business without obtaining the unanimous consent of the board, such action shall automatically forfeit his office, and upon notice of such fact being brought to the attention of the ordinary, said ordinary shall forthwith proceed to call an election to fill the vacancy caused by such forfeiture. Chairman. Section 18. Neither the chairman, nor any member of the board shall be allowed to negotiate, buy, sell, trade, or engage in any business transaction with the county where such member is personally involved in a pecuniary manner. Such transaction shall be void on its face, and any taxpayer shall have the right to sue for the recovery of any amount paid out by the county under such circumstances, and the county shall not be obligated to restore to any said board member any of the benefits or services or goods delivered by said board member. Conflict of interests. Section 19. No purchases or purchase contracts of any nature in excess of one hundred dollars ($100.00) shall be made, except for repairs of machinery, roads, bridges and emergency repairs to other county property, without the prior approval of the board; provided, however, that where such purchases or purchase contract has been permitted or called for under the general policy of the board previously established, said approval of the board shall not be necessary. No contract or purchases or any other indebtedness shall be made to extend beyond the expiration of the term of office of the members of the board making the contract or indebtedness. Contracts. Anything to the contrary notwithstanding the limitation on purchases or purchase contracts set forth above shall not apply to repairs of machinery, roads, bridges or other such property of the county; nor shall it apply to repairs of said property or any other property of the county when the repairs are made necessary by virtue of an emergency or emergencies. Section 20. An independent auditor shall make an annual audit of the books and records of the board as of December 31st in each year. The ordinary of the county Page 2103 shall appoint said independent auditor on or before December 1st of each year. The report of said independent auditor shall be published in the official gazette of McDuffie County as soon as said report has been completed. Audits. Section 21. The Act of the General Assembly establishing and creating a board of commissioners of roads and revenues of the County of McDuffie, approved February 16, 1955 (Ga. L. 1955, p. 2331), is hereby repealed in its entirety. 1955 Act repealed. Section 22. Not less than ten (10) nor more than twenty (20) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of McDuffie County to issue the call for an election for the purpose of submitting this Act to the voters of McDuffie 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 forty (40) 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 McDuffie County. The ballot shall have written or printed thereon the words: For approval of the Act establishing a five member Board of Commissioners of Roads and Revenues of McDuffie County. Referendum. Against approval of the Act establishing a five member Board of Commissioners of Roads and Revenues of McDuffie 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 more than one-half of the votes cast on such question are for approval of the Act, it shall be come 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 McDuffie County. It shall be the duty of the ordinary to hold and conduct Page 2104 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 23. The provisions of this Act relating to a referendum shall become effective immediately upon passage and approval by the Governor. The Remaining provisions of this Act shall not become effective until January 1, 1965. Effective dates. Section 24. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved February 18, 1964. McDUFFIE COUNTYOFFICE OF TAX COMMISSIONER CREATEDREFERENDUM. No. 566 (Senate Bill No. 229). An Act to consolidate the offices of tax receiver and tax collector of McDuffie County into the office of tax commissioner of McDuffie County; to provide for the rights, duties, and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to make provisions relative to taxes and tax fi fas; 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 McDuffie County are hereby consolidated and combined into the one office of the tax commissioner of McDuffie Page 2105 County. The rights, duties and liabilities of the 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 of other county officers for McDuffie County in 1964. The person so elected shall take office on the first Monday of January, 1965, and he shall serve until December 31, 1968, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first Monday of January following their election, and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall affect the terms of office of the present tax collector and tax receiver of McDuffie County, and their terms of office shall continue through December 31, 1964. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector. Elections, terms, etc. Section 3. The tax commissioner shall receive for his services an annual salary of five thousand dollars ($5,000.00) payable in equal monthly installments from the funds of McDuffie County. Salary. Section 4. Except as hereinafter provided, all fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to McDuffie County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the Tax Commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, except those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, Page 2106 relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, which commissions the tax commissioner shall be entitled to receive and retain in addition to the salary provided for herein. It is specifically provided herein that the tax commissioner of McDuffie County shall in no way receive any commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest, as set forth in an Act approved January 17, 1938 (Ga. L. 1937-38, Ex.-Sess., p. 297) as amended. Fees, etc. Section 5. All taxes due and payable to McDuffie 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 shall be collectible as issued. Taxes due. Section 6. That Act changing the compensation of the tax receiver and tax collector and other officers of McDuffie County from the fee system to the salary system approved March 9, 1959 (Ga. L. 1959, p. 2568) is hereby repealed only insofar as it relates to the offices of tax receiver or tax collector of McDuffie County, and all references to said offices contained therein shall be of no force and effect, however, all remaining provisions of said Act shall be unaffected. 1959 Act amended. Section 7. Not less than ten (10) nor more than twenty (20) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of McDuffie County to issue the call for an election for the purpose of submitting this Act to the voters of McDuffie 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 forty (40) 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 McDuffie County. The ballot shall have written or printed thereon the words: Page 2107 For approval of the Act consolidating the offices of Tax Receiver and Tax Collector into the office of Tax Commissioner. Referendum. Against approval of the Act consolidating the offices of Tax Receiver and Tax Collector into the office of Tax Commissioner. 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 more than one-half 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 McDuffie County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved February 18, 1964. McDUFFIE COUNTYCOMPENSATION, ETC. OF SHERIFFREFERENDUM. No. 567 (Senate Bill No. 231). An Act to amend an Act changing the compensation of the sheriff and other officers of McDuffie County from the fee system to the salary system, approved March 9, 1959 (Ga. L. 1959, p. 2568), so as to provide that no transportation or other expenses shall be paid to the sheriff except Page 2108 upon approval by the board of commissioners; to provide that all expense vouchers of any nature whatsoever shall be verified under oath by the sheriff before presentation to the board of commissioners; to provide that no deputy sheriffs may be employed at county expense except by approval of the board of commissioners of roads and revenues of McDuffie County; to provide that the sheriff shall continue to receive the regular fees for boarding prisoners and turnkey fees; 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 changing the compensation of the Sheriff and other officers of McDuffie County from the fee system to the salary system, approved March 9, 1959 (Ga. L. 1959, p. 2568) 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. The sheriff of McDuffie County shall receive a salary of seven thousand five hundred dollars ($7,500.00) per annum, payable in twelve (12) equal monthly installments. All expenses of the sheriff's office, or of the sheriff, shall be submitted to the board of commissioners of roads and revenues of McDuffie County, the same to be submitted on vouchers duly verified under oath by the sheriff. None of said expenses shall be paid to or disbursed on behalf of the sheriff or the sheriff's office until said expenses have been approved by a majority of the board of commissioners of roads and revenues of McDuffie County. The sheriff shall have no power to employ any deputy sheriffs at county expense except and until the board of commissioners of roads and revenues of McDuffie County approves the employment of any such deputies by a majority vote of the board. Nothing herein contained shall be construed so as to deprive the sheriff of the regular fees for boarding prisoners and the regular turnkey fees to which he is now or will hereafter be entitled. Page 2109 Section 2. Not less than ten (10) days nor more than twenty (20) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of McDuffie County to issue the call for an election for the purpose of submitting this Act to the voters of McDuffie 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 forty (40) 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 McDuffie County. The ballot shall have written or printed thereon the words: For approval of the Act providing the method for approval and payment of expenses of the office of Sheriff of McDuffie County. Referendum. Against approval of the Act providing the method for approval and payment of expenses of the office of Sheriff of McDuffie 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 more than one-half 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 McDuffie County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Page 2110 Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved February 18, 1964. LIBERTY COUNTY INDUSTRIAL AUTHORITYMEMBERS, ETC. No. 568 (House Bill No. 779). An Act to provide for the appointment and terms of office of members of the Liberty County Industrial Authority, as authorized by an amendment to the Constitution of the State of Georgia, ratified November 4, 1958, (Ga. L. 1958, p. 472); 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. Be it enacted by the General Assembly of Georgia: Section 1. The membership of the Liberty County Industrial Authority shall consist of a minimum of three (3) and a maximum of five (5) citizens of Liberty County who shall be appointed by the governing authority of Liberty County, and the Representative of Liberty County in the General Assembly, and such membership shall include the Representative of Liberty County in the General Assembly. Members. Section 2. The members of such Authority shall serve a term of office which shall coincide with the term of the governing authority which shall appoint them: Provided, however, that the Representative who serves as a member of such Authority shall serve a term which shall coincide with his term in the General Assembly, and said Representative shall serve from term to term so long as he continues in this capacity as Representative in the General Assembly. Terms. Page 2111 Section 3. 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. 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 office which is vacated shall fill such vacancy by appointment for the unexpired term. Provided, however, that in the event the vacancy is caused by the death, resignation or otherwise of the Representative of Liberty County, then his successor shall fill the vacancy created thereby. Oath, vacancies, etc. Section 4. The initial members of the Authority shall be appointed by the governing authority of Liberty County no later than sixty (60) days after this Act becomes effective. Initial members. Section 5. 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 Liberty County Industrial Authority. 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 plans 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 Page 2112 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 6. The County of Liberty is expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. Section 7. A majority of members of the Authority 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 shall be approved by not less than a majority vote of the total membership of the Authority. Quorum. Section 8. 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. Powers. (c) To enter into contracts with the County of Liberty. (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 Liberty, the governing authorities of Liberty County 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. Page 2113 (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, 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 Liberty, 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. The Authority shall further have the power to borrow money from any agency, department, commission, bureau or institution of the State of Georgia or of the United States, and in particular to borrow money from the Area Redevelopment Administration. (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 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 2114 (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. (m) Through the use and power of eminent domain the Authority shall have the right, power, privilege and authority to condemn real property, rights-of-way or easements for the purpose of developing and promoting for the public good and welfare industry within Liberty County, any such condemnation to be conducted in accordance with the laws of the State of Georgia. Section 9. 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 therefrom by the holders of said evidences of indebtedness, shall be exempt from State and local taxation. Taxation of property, etc. Section 10. The board of commissioners of roads and revenues is hereby directed to levy and collect an annual ad valorem tax of two (2) mills for developing and promoting industry and is directed to pay to the Authority all funds derived from such levy to be used for the purposes herein set forth. Taxes. Section 11. 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 Liberty. Debts. Section 12. 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 Liberty. Audits. Section 13. This Act being for the purpose of developing and promoting for the public good and welfare of the County Page 2115 of Liberty and its inhabitants, shall be liberally construed to effect the purposes hereof. Intent. Section 14. 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 15. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1964 Session of the Georgia General Assembly a Bill to provide for appointment and terms of office of members of the Liberty County Industrial Authority, to provide for the control, authority, duties, and powers of said Authority, and for other purposes. 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 Page 2116 in the Liberty County Herald, which is the official organ of said county, on the following dates: December 12, 19 and 26, 1963. /s/ Charles M. Jones Representative, Liberty County. Sworn to and subscribed before me, this 16 day of January, 1964. /s/ Patty Sue Hurst, Notary Public. (Seal). Approved February 18, 1964. CITY OF ATLANTALEGAL COUNCIL FOR BOARD OF EDUCATION. No. 569 (Senate Bill No. 185). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, (Ga. L. 1874, p. 116) and the several acts amendatory thereof, particularly an Act approved March 11, 1943, (Ga. L. 1943, p. 1184) establishing a Department of Law for the City of Atlanta, as amended by an Act approved February 25, 1949, (Ga. L. 1949, p. 1109) so as to require the Board of Education of the City of Atlanta to employ counsel, to prescribe certain of his duties; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for 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 Page 2117 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 Act of the General Assembly of Georgia establishing a new charter for the City of Atlanta, approved February 28, 1874, (Ga. L. 1874, p. 116) and the several Acts amendatory thereof, and the Act approved March 11, 1943, (Ga. L. 1943, p. 1184) amending the charter of the City of Atlanta so as to establish a Department of Law, as said Act and said charter were further amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1109), be and the same are further amended by striking the period at the end of section 7 of said amendatory Act of 1943, and inserting instead a colon and the following language: Provided, however, that the Board of Education of the City of Atlanta shall employ its own counsel to superintend and conduct the legal affairs of the Board of Education and to represent the Board of Education in all legal proceedings, and may compensate such counsel in such amount as may be determined by the said Board of Education from funds available for that purpose, so that said section 7 as amended shall read as follows: The city attorney shall superintend, and with the assistance of the officers and employees of the department, conduct all the law business of the city. They shall represent the city in all legal proceedings in which the city is a party and in all proceedings where an officer of the city in his official capacity is a party. The city attorney or his assistants shall prepare, when requested to do so by the mayor, a member of the general council or any department head, all deeds, leases, contracts or other legal documents required by the business of the city. When requested to do so, he shall furnish the mayor, any member of the general council or any department head of the city, written opinions upon subjects submitted to him. Provided, however, that the Board of Education of the City of Atlanta shall employ its Page 2118 own counsel to superintend and conduct the legal affairs of the Board of Education and to represent the Board of Education in all legal proceedings, and may compensate such counsel in such amount as may be determined by the said Board of Education from funds available for that purpose. Section 3. That the Act of the General Assembly of Georgia establishing a new charter for the City of Atlanta, approved February 28, 1874 (Ga. L. 1874, p. 116), and the several Acts amendatory thereof, and the Act approved March 11, 1943 (Ga. L. 1943, p. 1184), amending the charter of the City of Atlanta so as to establish a Department of Law, as said Act and said charter were further amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1109), be and the same are further amended by striking the period at the end of section 9 of said amendatory Act of 1943, and inserting instead a colon and the following language: Provided, however, that when real estate is purchased by the Board of Education of the City of Atlanta, the counsel for the Board of Education may procure an abstract of title for such real estate prepared by a private attorney or abstract company. In such case the cost of such abstracts shall be paid out of funds of the Board of Education, and the attorney for the Board of Education shall pass on the validity of the title as shown by any such abstract and shall approve the title before the purchase is consummated. Provided further that when real estate is purchased by the Board of Education, the Board of Education may utilize the services of its counsel to approve the title of such land without the necessity of procuring an abstract of title for such realty, as aforesaid. In such case the counsel for the Board of Education may be paid, out of the funds of the Board of Education, such additional compensation as the Board of Education shall determine. so that said section 9 as amended shall read as follows: When real estate is purchased by the city, the abstract of title for such real estate shall be prepared by a private attorney or an abstract company. The cost of such abstracts shall be paid out of funds apportioned to the department for which such real estate is purchased. It shall be the duty of the city attorney to pass on the validity of the title as shown Page 2119 by any such abstract and to approve the title before the purchase is consummated. Provided, however, that when real estate is purchased by the Board of Education of the City of Atlanta, the counsel for the Board of Education may procure an abstract of title for such real estate prepared by a private attorney or abstract company. In such case the cost of such abstracts shall be paid out of funds of the Board of Education, and the attorney for the Board of Education shall pass on the validity of the title as shown by any such abstract and shall approve the title before the purchase is consummated. Provided further that when real estate is purchased by the Board of Education, the Board of Education may utilize the services of its counsel to approve the title of such land without the necessity of procuring an abstract of title for such realty, as aforesaid. In such case the counsel for the Board of Education may be paid, out of the funds of the Board of Education, such additional compensation as the Board of Education shall determine. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved February 19, 1964. JURY CLERKS IN COUNTIES HAVING A POPULATION OF 500,000 OR MORE PERSONS. No. 571 (House Bill No. 997). An Act to provide that in all counties having a population of 500,000 or more according to the United States Decennial Census of 1960 or any future such census, the judges of the superior court shall be authorized and empowered to appoint a jury clerk to serve at the pleasure of said judges; to provide for other necessary personnel; to provide that such personnel shall have such duties as may be prescribed by the court to dispatch the work of the court; to provide for their salaries and other expenses; to provide Page 2120 that prospective jurors of such counties shall be required to answer certain questionnaires relative to their qualifications; to provide the procedure for same; to provide a penalty for failure therefor; 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 500,000 or more according to the United States Decennial Census of 1960 or any future such census, the judges of the superior court of such counties shall, by a majority vote of all of them, have the power to appoint a jury clerk and such other personnel as may be deemed necessary or advisable to dispatch the work of the court, and the appointments to these positions and the compensation therefor shall be determined by said judges without regard to any other system or rules, said personnel to serve at the pleasure of said judges, and the salaries and expenses thereof, and any attendant expense of administration of the courts are hereby determined to be contingent expense of court, and shall be paid as provided by law for the payment of contingent expenses. The duties of said personnel shall be as prescribed by said judges. Jury clerks. Section 2. All prospective jurors in such counties shall be required to answer questionnaires as may be determined and submitted by the judges of such counties concerning their qualifications as jurors. Questionnaires. Section 3. In the event any such person fails or refuses to answer such questionnaire, the aforesaid jury clerk shall report such failure or refusal to the court together with the facts concerning the same, and the court shall have such jurisdiction as is now provided by law for subpoena, attachment, and contempt powers. Contempt, etc. Section 4. This Act shall be in addition and supplemental to other provisions provided by law, with a view toward efficient and orderly handling of jury selection and the administration of justice. Intent. Page 2121 Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 19, 1964. BIBB COUNTYCONTRACT AUTHORIZED. No. 572 (House Bill No. 1167). An Act to amend an Act entitled An Act to establish a county board of commissioners for the County of Bibb, to define their duties and for other purposes therein named, which Act was approved February 6, 1873 (Acts of 1873, pp. 219-221, both inclusive), and as said Act has been amended, changed or re-enacted in any respect; to authorize, approve, ratify and confirm a certain contract, and each and every provision thereof, of form and substance as herein set forth, between the County of Bibb, acting by and through its aforesaid County Board of Commissioners, Southern Railway Company, Central of Georgia Railway Company and Georgia Southern Florida Railway Company, and relating to commitments and obligations of said Railway companies for railway facilities in the County of Bibb and City of Macon, and to commitments and obligations of the County of Bibb for construction and maintenance of a grade separation structure in the vicinity of Tuft Springs Road, for closure, abandonment and sale by the County of Bibb to said Railway companies, or their designee or designees, of portions or segments of roads to be occupied by or useful to said Railway facilities and adjuncts thereto, including a portion of said Tuft Springs Road (sometimes also known as Waterville Road) and a portion of Stratton Road, and relating also to commitments and obligations of said County of Bibb concerning protection and indemnification of said Railway companies, facilities, operations and properties against encroachments, regulations and impositions; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: Page 2122 Section 1. An Act to amend an Act entitled: An Act to establish a county board of commissioners for the County of Bibb, to define their duties and for other purposes therein named, which Act was approved February 6, 1873 (Acts of 1873, pp. 219-221, both inclusive), and as said Act has been amended, changed or re-enacted in any respect, be, and the same is hereby, further amended by adding thereto the following: Notwithstanding any provision of the foregoing or of any other provision of law, resolution or regulation existing or hereafter enacted, adopted or promulgated, the county board of commissioners for the County of Bibb, and acting for and in behalf of the County of Bibb, shall have full power and authority, without qualification or condition, to execute a contract with Southern Railway Company, Central of Georgia Railway Company and Georgia Southern Florida Railway Company in form and substance as follows: Georgia, Bibb County: This agreement, dated thisday of February, 1964, by and between the County of Bibb, a political subdivision of the State of Georgia, sometimes herein designated as County, Southern Railway Company, a corporation organized and existing under the laws of the State of Virginia, and sometimes herein designated as Southern, Central of Georgia Railway Company, a corporation organized and existing under the laws of the State of Georgia, and sometimes herein designated as Central, and Georgia Southern and Florida Railway Company, a corporation organized and existing under the laws of the State of Georgia, and sometimes herein designated as Georgia Southern (the latter three parties are sometimes herein collectively designated as Railways), Witnesseth: The Railways have considered the advantages and disadvantages of constructing a modern forwarding, receiving and classification railway yard in the City of Macon and County of Bibb at a cost of approximately $10 million dollars, and have compared such costs, advantages and disadvantages Page 2123 with those relating to continued operation of one of their two existing railroad yards in this area, and in by-passing this urban area with substantially all of through traffic so that the single yard, as it presently exists, will accommodate the reduced volume of traffic. The County recognizes that though, because of the greater availability to the Railways of more direct routes and routes affording faster passage, some through traffic will inevitably be lost, it fully realizes that should such traffic be withdrawn entirely from this area, or be so reduced that a single existing railway yard can accommodate the relatively small volume that remains, this City and County will lose its enviable status as a rail center; that positions for both yard and main line railway employment will be unavailable to residents of this community; and that both present and potential industry for this area would be deprived of a great competitive advantage that otherwise would be offered by a modern railway yard, the resultant expedition of railway traffic flow and delivery, and retention of a substantial volume of through railway traffic for this area. The County desires to persuade the location of this new railway yard facility in the City of Macon and County of Bibb and recognizes that one of the disadvantages of an urban location is the potential of future crossings and other encroachments, regulation or imposition upon railway properties and railway operations, which are disruptive of railway services, and which are occasioned, in large part, by vehicular traffic, including that of motor carriers directly in competition with railways. The County, recognizing that railways afford arteries of travel, no less than navigable streams, requiring bridges to cross, or Interstate Highway Systems, to which access is limited, desires, in the mutual interest of the County, the City, their trade area and of the Railways, to extend to the Railways reasonable protection, against such crossings, encroachments, regulations and impositions, in connection with the construction and continuing efficient operation of said modern railway yard and of a new rail route for through freight traffic which the County and City desires the railways Page 2124 to construct and utilize in this community and which will substantially relieve the congestion of the vehicular traffic flow at Fifth, Walnut and Poplar Streets. Now, therefore, for and in consideration of the benefits hereinbefore and hereinafter recited and acknowledged, the County agrees: 1. That it will close, abandon and convey to the Railways, or their designee or designees, all or any portion of those County roads which may be occupied by or useful to the within described railway facilities, railway yard and adjuncts thereto, and which adjuncts, without limitation of generality, include connecting trackage between the Railways and between the said railway yard and each of said Railways; 2. Without limiting the generality of the numbered paragraph one (1) next hereinabove, that it will close, abandon and convey to the Railways, or their designee or designees, the following described segments of County roads; (a) Stratton Road Beginning at the southerly side of a bridge on the centerline on the Georgia Southern and Florida railroad northerly of Stratton Station and thence running S 36 35[UNK] E a distance of 50.0 feet along the centerline of the Georgia Southern and Florida railroad to the southeast side of a private road; thence at right angles running N 53 25[UNK] E a distance of 72.40 feet to the southerly side of a county road running to Stratton Station, to a point and the point of beginning; running thence N 58 25[UNK] E a distance of 30.0 feet to a point on the northerly side of said county road; thence running S 31 35[UNK] E a distance of 328.1 feet to a point; thence running S 37 10[UNK] E a distance of 191.0 feet to a point and intersecting the centerline of the present mainline of the Southern Railway; thence along the centerline of said mainline running S 1 39[UNK] E a distance of 51.6[UNK] to a point; thence running N 37 10[UNK] W a distance of 234.5[UNK] to a point; thence running N 31 35[UNK] W a distance of 329.5 feet to a point and the point of beginning. Page 2125 (b) Tuft Springs Road (sometimes known as Waterville Road) Beginning at a point where the southerly right-of-way of Tuft Springs Road intersects the centerline of the main line track of the Southern Railway, which point is 370.0 feet northerly of the present milepost #243, and thence running N 76 54[UNK] W a distance of 6.0 feet to a point; thence running N 66 00[UNK] W a distance of 40.75 feet to a point; thence running S 85 00[UNK] W a distance of 166.12 feet to a point; thence N 5 00[UNK] W a distance of 30.0 feet to a point; thence running N 85 00[UNK] E a distance of 173.88 feet to a point; thence running S 66 00[UNK] E a distance of 45.65 feet to a point; thence running S 76 54[UNK] E a distance of 65.35 feet to a point; thence running N 75 59[UNK] E a distance of 78.48 feet to a point; thence running S 83 41[UNK] E a distance of 210.35 feet to a point; thence running S 3 57[UNK] E a distance of 30.48 feet to a point; thence running N 83 41[UNK] W a distance of 210.41 feet to a point; thence running S 75 59[UNK] W a distance of 80.33 feet to a point; thence running N 76 54[UNK] W a distance of 69.45 feet to the point of beginning. 3. That it will, upon notice from the Railways, construct and adequately maintain, as its entire and sole cost and expense, a grade separation structure to overpass the described railway yard, trackage and adjuncts thereto, so as to accommodate traffic that would otherwise utilize that segment of Tuft Springs Road (or Waterville Road) as described hereinabove in subparagraph (b) of paragraph numbered 2. The grade separation structure will be erected within an area having northerly and southerly boundaries which are, respectively, 500 feet from the present center line of the right-of-way of Tuft Springs Road, with the exact location and nature of the structure within that area to be, if possible, mutually agreeable to the County and the Railways, and so as to minimize expense to the County but at the same time observe the full requirements of the Railways for construction and operation of their facilities. It has been estimated that the grade separation structure can be constructed at a cost of approximately $75,000 but it is expressly understood and agreed that such estimate is in no way a limitation upon the County's commitment and obligation Page 2126 hereunder, and that, in the event the County and the Railways are unable to agree, the Railway's determination of the location and nature of such structure will be final and that the County will fulfill its obligation according to such determination of the Railways; 4. That it will prepare, submit and sponsor for passage, legislation, at the present session of the General Assembly of Georgia to authorize or ratify and confirm the closure, abandonment and sale of the aforesaid County roads, and further to authorize or ratify and confirm this contract and each and all of the obligations herein assumed; 5. That it will not, save by grade separation at any point where the County or others may now or hereafter desire to cross the trackage or properties of the Railway companies, make or permit any encroachment upon, across, over or under the properties of said Railway companies devoted or to be devoted to the described railway facilities; 6. It will pay the entire cost and expense of construction and maintenance of any and all of the aforesaid grade separation projects and of any other protective installation or regulation that it may at any time require with respect to any of the properties of the said railway companies devoted or to be devoted to such railway facilities, or adjuncts thereto, and will otherwise indemnify and save harmless the Railways from any cost or charge incident to any such grade separation project, other protective installation or regulation, and whether required by the County or by others; 7. It will adequately maintain, or cause to be adequately maintained, all grade separation structures that may be hereafter constructed by the County or others and all without cost or charge of any kind or character to said Railways; 8. That if requested so to do by the Railways, to prepare, submit and sponsor passage of legislation, other and additional to that described in paragraph 4 of the obligations assumed by the County, and which may be desired by the Railways, at any time, to fully assure the full protection which the County intends by this agreement to extend to Page 2127 the Railways, in the public interest and as consideration for the commitments, expenditures and conveyances made or to be made by the Railways as provided herein. The Railways will, upon such terms and conditions as will be mutually agreeable to the parties, but without charge to the City therefor: 1. Convey or cause to be conveyed to the City the following rights-of-way and easements: (a) An easement for a proposed 21-inch pressure sewer line by the City of Macon, Georgia, Bibb County, entering upon the right-of-way of the Central of Georgia Railway Company on the south side of the main track at a point approximately 523 feet, more or less, east of Mile Post 189-S; thence, extending in an easterly direction parallel to and at all points 90 feet from the center line of the main track a distance of 765 feet, more or less, to a point 1297 feet east of Mile Post 189-S, at a point of termination, all as substantially shown on print dated June, 1963, last revised August 29, 1963, which was drawn by Wiedeman Singleton, Consulting Engineers, Atlanta, Georgia; (b) Four easements upon the property of Central and at or near the following points, to-wit: Mile Post S-188 plus 2168 ft.; Mile Post S-188 minus 453 ft.; Mile Post S-189 minus 1535 ft.; Mile Post S-188 minus 2881 ft. and Mile Post S-189 minus 1297 ft. It is the estimate and determination of the City that granting of such easements will result in a saving to the City of approximately $50,000.00, which would otherwise be the cost of alternate routing of the sewerage system lines to occupy these easements; (c) Rights-of-way required in connection with the City's planned widening and relocation of Seventh Street, which rights-of-way have been tentatively agreed upon by representatives of the City and of the Railways. The conveyance of these rights-of-way and the purposes to which the rights-of-way will be devoted will result in destruction or substantial damage in excess of $100,000 to improved properties and Page 2128 structures of the Railways and if otherwise acquired would result in even greater cost to the City; 2. Construct, at an estimated cost of approximately $10 million dollars, the described modern railway yard which will occupy, in part, a considerable portion of the present railway yard of Southern and which will, except for related trackage connections and facilities, extend generally from the vicinity of Turpin Street on the north to the vicinity of Mead Road on the south; 3. The Railways will, as desired by the City and County, construct and extend trackage so as to accommodate a partial re-routing of railway traffic through the City so that a majority of their trains of sizable length will not move, as at present, over grade crossings at Fifth, Walnut and Poplar Streets, but will move via overpasses at Fifth, Walnut and Poplar Streets; by trackage to and through the properties of the Macon Terminal Company; and thence by trackage generally to extend across Pine, Seventh, Hawthorne, Moore, Eighth, Tupelo, Ninth, Bay and Turpin Streets at grade; 4. The Railways will furnish to the County of Bibb a plat or plats, map or maps, that will accurately reflect the locations of the aforesaid railway re-routing trackage, the modern railway yard to be constructed and the additional and necessary trackage and adjuncts related to such described railway facilities. The obligations of the Railways as hereinabove recited are assumed upon all of the following conditions first being fulfilled, or obtained: (a) Approval by any and all regulatory bodies or other public authorities having jurisdiction of the subject matter, or of anything incident thereto; (b) Upon closure, abandonment and conveyance by the County of the segments of roads hereinabove described, conditioned upon payment by the Railways of additional cash considerations therefor commensurate with the fair market Page 2129 value of each segment as the same is illustrated by the fair market value of unimproved properties in the same general areas of the respective segment; (c) Upon passage and approval by the General Assembly of Georgia, and at its present session, of legislation, authorizing or ratifying and confirming the closure, abandonment and sale to the Railways by the County of the aforesaid segments of roads, and confirming, ratifying and approving this contract and agreement; (d) Upon passage and approval by the General Assembly of Georgia, and at its present session, of legislation, authorizing or ratifying and confirming the closure, abandonment and sale to the Railways by the City of Macon of the segments of streets and alleys as described in a contract between the Railways and such City dated this day, and confirming, ratifying and approving such contract; (e) Upon performance by the City of Macon of its obligations assumed in the aforesaid contract with the Railways; (f) Acquisition by the Railways, or their designee, of all properties and facilities deemed necessary, useful or convenient for the construction and maintenance of the described railway facilities and adjuncts thereto. It is understood and agreed by and between all parties hereto that, upon compliance by the Railways of their obligations hereunder, the provisions of any ordinance, contract, regulation, covenant or condition in conflict herewith shall be abrogated. It is further understood and agreed by and between all parties that in the event of the construction by the County of Bibb or by another, of any grade separation structure pursuant to and in compliance with the terms and conditions of this contract, no charge shall be made by the Railways for the use of such air rights as may be occupied by any such structure. This agreement shall inure to and be binding upon the parties, and their respective successors and assigns. Page 2130 Page 2131 Section 2. In the event the County Board of Commissioners for the County of Bibb, acting for the County of Bibb, has heretofore executed the aforesaid contract, said action is hereby ratified, approved and confirmed. Intent. Section 3. Each, every and all of the commitments and obligations of the County of Bibb contained in the aforesaid contract are authorized, ratified, confirmed and approved, collectively, severally and in any and all combinations of the same. Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 5. The attached notice of intention to apply for this legislation, and the attached affidavit of the members of the General Assembly of Georgia, applying for passage of this Act and regarding publication of said notice, are incorporated in and made a part of this Act. Page 2132 Personally appeared before me, the undersigned attesting officer, duly authorized to administer oaths, Denmark Groover, Jr., Mitchel P. House, Jr. and William E. Laite, who, each first being duly sworn, deposes and says, on oath, that he is a Representative in the General Assembly of Georgia from the County of Bibb and the author of the foregoing proposed legislation, and that notice of intention to apply for such legislation was published in The Macon News, the official organ of said county in which sheriff's advertisements are published, on January 18, 1964, January 25, 1964 and February 1, 1964. A copy of said notice, as so published, is attached /s/ Denmark Groover, Jr. /s/ Mitchel P. House, Jr. /s/ W. E. Laite, Jr. Sworn to and subscribed before me, this 11th day of February, 1964. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and County, Mary Jean Goette, who deposes and says she is checking clerk for The Macon News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in The Macon News on the following dates: January 18, 1964; January 25, 1964; February 1, 1964. /s/ Mary Jean Goette Sworn to and subscribed before me, this 1st day of February, 1964. /s/ Hugh P. Harper, Notary Public, Georgia State at Large. My Commission Expires Jan. 28, 1966. Page 2133 Public Notice. Please take notice that the County of Bibb, acting through its County Board of Commissioners, will apply, at the present session of the General Assembly of Georgia for passage and approval of legislation that will: 1. Authorize or ratify and confirm action by the County Board of Commissioners for the County of Bibb relating to closure, abandonment and conveyance to Southern Railway Company, Central of Georgia Railway Company and Georgia Southern and Florida Railway Company, or their designee or designees, of that portion or segment of Tuft Springs Road (also sometimes known as Waterville Road) described as follows: Beginning at a point where the southerly right-of-way of Tuft Springs Road intersects the centerline of the main line track of the Southern Railway, which point is 370.0 feet northerly of the present milepost No. 243, and thence running N. 76 54[UNK] W a distance of 6.0 feet to a point; thence running N. 66 00[UNK] W a distance of 40.75 feet to a point; thence running S 85 00[UNK] W. a distance of 166.12 feet to a point; thence N. 5 00[UNK] W a distance of 30.0 feet to a point; thence running N. 85 00[UNK] E a distance of 173.88 feet to a point; thence running S 66 00[UNK] E a distance of 45.65 feet to a point; thence running S 76 54[UNK] E a distance of 65.35 feet to a point; thence running N. 75 59[UNK] E a distance of 78.48 feet to a point; thence running S 83 41[UNK] E a distance of 210.35 feet to a point; thence running S 3 57[UNK] E a distance of 30.48 feet to a point; thence running N 83 41[UNK] W a distance of 210.41 feet to a point; thence running S 75 59[UNK] W a distance of 80.33 feet to a point; thence running N 76 54[UNK] W a distance of 69.45 feet to the point of beginning. 2. Authorize or ratify and confirm action by the County Board of Commissioners for the County of Bibb relating to closure, abandonment and conveyance to the aforesaid railway companies or their designee or designees, of that portion or segment of the Stratton Road described as follows: Beginning at the southerly side of a bridge on the centerline on the Georgia Southern and Florida railroad northerly Page 2134 of Stratton Station and thence running S 36 35[UNK] E a distance of 50.0 feet along the centerline of the Georgia Southern and Florida railroad to the southeast side of a private road; thence at right angles running N 53 25[UNK] E a distance of 72.40 feet to the southerly side of a county road running to Stratton Station, to a point and the point of beginning; running thence N 58 25[UNK] E a distance of 30.0 feet to a point on the northerly side of said county road; thence running S 31 35[UNK] E a distance of 328.1 feet to a point; thence running S 37 10[UNK] E a distance of 191.0 feet to a point and intersecting the centerline of the present mainline of the Southern Railway; thence along the centerline of said mainline running S 1 39[UNK] E a distance of 51.6[UNK] to a point; thence running N 37 10[UNK] W a distance of 234.5[UNK] to a point; thence running N 31 35[UNK] W a distance of 329.5 feet to a point and the point of beginning. 3. Authorize or ratify and confirm a contract between the County of Bibb and the aforesaid railway companies relating to the construction of a modern railway yard in the City of Macon and in the County of Bibb, facilities and connections related thereto, and to conveyance and commitments by the County of Bibb for the protection of such yard, facilities and connections and as the Chairman of the County Board of Commissioners for the County of Bibb has or may execute the same, for and in behalf of the County of Bibb, pursuant to authority contained in a resolution of January 10, 1964, or as said contract has or may be ratified and confirmed by said County Board. /s/ Emmett Snellgrove, Clerk, County Board of Commissioners for the County of Bibb. Approved February 19, 1964. Page 2135 CITY OF ATHENSRECORDER'S SALARY, ETC. No. 573 (House Bill No. 1095). An Act to amend an Act entitled An Act to amend the charter of the Town of Athens, and the various acts amendatory thereof, approved August 24, 1872 (Ga. L. 1872, p. 127), as amended, particularly by an Act approved August 18, 1913 (Ga. L. 1913, p. 497), so as to provide that the salary of the recorder shall be fixed annually and may be changed during his term of office; to provide that the recorder or mayor shall appoint the city attorney or some other attorney to serve in the recorder's absence; 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, and the various acts amendatory thereof, approved August 24, 1872 (Ga. L. 1872, p. 127), as amended, particularly by an Act approved August 18, 1913 (Ga. L. 1913, p. 497), is hereby amended by striking from section 2 of the amendatory Act of 1913 that paragraph which reads as follows: The salary of the recorder shall be fixed by the mayor and council of the City of Athens prior to his election and shall not be increased or diminished while in office. Repealed. Section 2. Said amendatory Act is further amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. That the recorder may be at any time removed from office by the mayor and council for malpractice in office or for incompetency. If the recorder shall be ill, absent, disqualified, or unable to perform the duties of his office for any reason, the recorder shall appoint the city attorney or some other attorney to serve as recorder pro tempore during the period of his absence, illness, disqualification or inability to serve for any other reason. If the recorder Page 2136 is unable to make the appointment, then the mayor shall make the appointment. The salary of the recorder shall be fixed annually by the mayor and council of the City of Athens and may be changed during his term of office. Salary, pro tem, etc. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. The public is hereby notified that the undersigned intends to make application to the General Assembly of Georgia at the January, 1964, Session thereof for the passage of a local bill 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 18, 1913, so as to relieve the mayor, mayor pro tem, and councilmen from serving as recorder upon the contingencies occurring as set forth in said Act; to provide that the recorder, or the mayor in the event the recorder is unable to do so, shall appoint the city attorney or some other attorney at law to serve as recorder pro tempore in the event the recorder is absent, ill, disqualified or unable to serve for any reason; to provide that the salary of the recorder shall be fixed annually and may be changed during his term of office; and to repeal conflicting laws. This 9th day of January, 1964. The Mayor and Council of the City of Athens. /s/ Comer Whitehead, Mayor Pro-Tem. Georgia, Clarke County. Personally appeared before me, the undersigned attesting officer authorized by law to administer oaths, E. B. Braswell who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to apply for local legislation Page 2137 was published in the Athens Banner-Herald on January 10, 1964, January 17, 1964, and January 24, 1964. /s/ E. B. Braswell. Certified, sworn to and subscribed before me, this 28th day of January, 1964. /s/ Johnnie H. Paul, Notary Public, Clarke County, Georgia. (Seal). Approved February 19, 1964. CITY OF MACONCONTRACT AUTHORIZED. No. 574 (House Bill No. 1166). An Act to amend an Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with 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, sub-section or provision of said Act or Acts, in any respect; to amend section 71 of the aforesaid Act as the same appears on page 1324 of the published Acts of the General Assembly of Georgia of 1927, and as the same has been heretofore amended, changed or re-enacted in any respect so as to authorize, approve, ratify and confirm a contract, and each and Page 2138 every provision thereof, between the City of Macon, Southern Railway Company, Central of Georgia Railway Company and Georgia Southern Florida Railway Company, in form and content as herein set forth, and relating to commitments and obligations of said railway companies for railway facilities within the City of Macon and commitments and obligations of the City of Macon, in connection therewith, concerning the closure, abandonment, sale and conveyance to the said railways or their designee or designees, of portions or segments of Pine, Plum, Seventh, Hawthorne, Moore, Eighth, Ninth, Tupelo, Bay, Turpin, and Tenth Streets, as well as all or segments of all streets and alleys within an area bounded by Turpin, Seventh, Plum and Eleventh Streets within the City of Macon, and concerning protection and indemnification of said railway companies, railway facilities, railway operations and railway properties against encroachments, regulations and impositions; 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 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, sub-section or provision of said Act or Acts in any respect, be, and the same is hereby, amended as follows: By adding to section 71 of said Act, as said Section 71 appears on page 1324 of the aforesaid published Acts of the Page 2139 General Assembly of Georgia of 1927 and as the same has been heretofore amended, changed or re-enacted, the following: Notwithstanding any provision of the foregoing or any other provision of law, ordinance or regulation, presently existing or hereafter adopted or promulgated, the City of Macon, acting through its authorized officers and agents, shall have full power and authority, without qualification or condition, to execute a contract with Southern Railway Company, Central of Georgia Railway Company and Georgia Southern Florida Railway Company in form and substance as follows: Georgia, Bibb County. This agreement, dated thisday of February, 1964, by and between the City of Macon, a municipality of the State of Georgia, sometimes herein designated as City, Southern Railway Company, a corporation organized and existing under the laws of the State of Virginia, and sometimes herein designated as Southern, Central of Georgia Railway Company, a corporation organized and existing under the laws of the State of Georgia, and sometimes herein designated as Central, and Georgia Southern and Florida Railway Company, a corporation organized and existing under the laws of the State of Georgia, and sometimes herein designated as Georgia Southern (the latter three parties are sometimes herein collectively designated as Railways), Witnesseth: The Railways have considered the advantages and dis-advantages of constructing a modern forwarding, receiving and classification railway yard in the City of Macon and County of Bibb at a cost of approximately $10 million dollars, and have compared such costs, advantages and dis-advantages with those relating to continued operation of one of their two existing railroad yards in this area, and in by-passing this urban area with substantially all of through traffic so that the single yard, as it presently exists, will accommodate the reduced volume of traffic. Page 2140 The City recognizes that though, because of the greater availability to the Railways of more direct routes and routes affording faster passage, some through traffic will inevitably be lost, it fully realizes that should such traffic be withdrawn entirely from this area, or be so reduced that a single existing railway yard can accommodate the relatively small volume that remains, this City and County will lose its enviable status as a rail center; that positions for both yard and main line railway employment will be unavailable to residents of this community; and that both present and potential industry for this area would be deprived of a great competitive advantage that otherwise would be offered by a modern railway yard, the resultant expedition of railway traffic flow and delivery, and retention of a substantial volume of through railway traffic for this area. The City desires to persuade the location of this new railway yard facility in the City of Macon and County of Bibb and recognizes that one of the disadvantages of an urban location is the potential of future crossings and other encroachments, regulation or imposition upon railway properties and railway operations, which are disruptive of railway services, and which are occasioned, in large part, by vehicular traffic, including that of motor carriers directly in competition with railways. The City, recognizing that railways afford arteries of travel, no less than navigable streams requiring bridges to cross, or Interstate Highway Systems, to which access is limited, desires, in the mutual interest of the City, the County, their trade area and of the Railways, to extend to the Railways reasonable protection, against such crossings, encroachments, regulations and impositions, in connection with the construction and continuing efficient operation of said modern railway yard and of a new rail route for through freight traffic which the City desires the railways to construct and utilize in this community and which will substantially relieve the congestion of the vehicular traffic flow at Fifth, Walnut and Poplar Streets. Now, therefore, for and in consideration of the benefits Page 2141 hereinbefore and hereinafter recited and acknowledged, the City agrees: 1. That it will close, abandon and convey to the Railways, or their designee or designees, all or any portions of streets and alleys of the City which may be occupied by or useful to the within described railway facilities and railway yard and within that area of the City of Macon bounded by the southwest side of Turpin Street, the westerly side of Seventh Street, the southerly side of Plum Street, and the westerly side of Eleventh Street; 2. Without limiting the generality of the numbered paragraph one next hereinabove and whether or not the following are or are not within the area described in said paragraph, that it will close, abandon and convey to the Railways, or their designee or designees, the following specifically described segments of streets and alleys of the City of Macon: (a) Those portions or segments of Pine and Plum Streets, including the full widths thereof, and the underpass on, over and connected therewith, which portions or segments extend from a point approximately 122.5 feet from the original easterly boundary of Fifth Street to the new proposed westerly boundary of Seventh Street; (b) That portion of Seventh Street described as follows: Beginning at the center stone located at the center line intersections of Original Pine Street and Original Seventh Streets and thence running S 56 10[UNK] E for a distance of 35.02 feet to a point on the proposed new Seventh Street right-of-way; thence at right angles running S 33 45[UNK] W along the proposed new right-of-way a distance of 209.87 feet to a point and the point of beginning; From this point of beginning running S 6 36[UNK] E a distance of 83.40 feet to property now owned by Southern Railway; then running S 33 45[UNK] W along the property line of Southern Railway a distance of 154.45 feet to a point; thence N 6 36[UNK] W a distance of 83.40 feet to a point on the proposed right-of-way of Seventh Street; thence N 33 45[UNK] E along this proposed Page 2142 right-of-way a distance of 154.45 feet to the point of beginning. (c) The full width of Hawthorne Street from the northwest side of Ninth Street to the southeast side of Seventh Street (formerly known as Division Street); (d) The full width of Moore Street from the northwest side of Ninth Street to the south side of Hawthorne Street; (e) The full width of Eighth Street (formerly known as Harris Street) from the south side of Hawthorne Street to the north side of Tupelo Street; (f) The full width of a twenty (20) foot alley running north and south through Square 72, South West Commons; (g) The full width of Tupelo Street, from the southeast side of a projection of a twenty (20) foot alley running north and south through Square 74, South West Commons, to the southeast line of Eighth Street (formerly Harris Street); (h) The full width of Ninth Street (formerly Grier Street) from the southwest side of Bay Street to a point 184 feet southwest of the southwest side of Moore Street; (i) The full width of Bay Street from the northwest side of Tenth Street to the northwest side of Ninth Street (formerly Grier Street); (j) The full width of the twenty-foot alley extending north and south through Squares 74 and 75, South West Commons, from the northeast side of Turpin Street to the southwest side of Tupelo Street; (k) The full width of Turpin Street from the projection of the northwest line of a twenty-foot alley running north and south through Square 75, South West Commons, to a point 24 feet northwest of the northwest side of a sixteen (16) foot alley running north and south through Square 1 of the City Reserve; Page 2143 (l) The full width of Tenth Street between the north side of Turpin Street and the south side of Bay Street; (m) The full width of a twenty (20) foot alley running north and south in Square 71, South West Commons, from the southwest side of Tupelo Street a distance of 104.25 feet to the common line of Lots 7 8 and 1 2 in said Square; 3. That it will prepare, submit and sponsor for passage an amendment or amendments to the charter of the City of Macon, or other legislation, at the present session of the General Assembly of Georgia to authorize or ratify and confirm the closure, abandonment and sale of the aforesaid streets and alleys and whether the same are specifically described or are within the area of the City described in paragraph numbered 1 above, and further to authorize or ratify and confirm this contract and each and all of the obligations herein assumed; 4. That it will not, save at railway grade, or by grade separation at Seventh Street, and by grade separation at any other point where the City may now or hereafter desire to cross the trackage of the Railway companies, make or permit any encroachment upon, across, over or under the properties of said Railway companies devoted or to be devoted to the described railway facilities within the corporate limits of the City of Macon or as the same may be extended; 5. In the event the City or any other regulating body should impose a regulation or regulations of any kind or character so as to impede, in any manner, the free flow of railway traffic at any point on Seventh Street where the same is traversed at grade by the Railways, the same shall constitute a finding by the City that a grade separation structure is needed at such point or points and the City shall immediately erect and maintain the same as provided in paragraphs 6, 7 and 8 following next hereinafter; 6. It will pay the entire cost of construction and maintenance of any and all of the aforesaid grade separation projects and of any other protective installation or regulation that it may at any time require with respect to any of the Page 2144 properties of the said railway companies devoted or to be devoted to such railway facilities, or adjunct thereto, and will otherwise indemnify and save harmless the Railways from any cost or charge incident to any such grade separation project, other protective installation or regulation, and whether required by the City or by others, it being understood that, at the election of the Railways, actual maintenance of any protective installation which is activated by railway traffic may be assumed by the Railways, with the cost therefor to be borne by the City and promptly repaid to the Railways, or their designee, upon monthly or annual billings; 7. In the conveyance of segments of streets, the City will reserve to itself an easement to cross the conveyed segment of Seventh Street at the grade established by the Railways as well as air rights to build and extend a grade separation structure above and within the space defined by the boundaries of such conveyed segment, and will similarly reserve air rights above the segments of such other streets which are conveyed for the purpose of erecting and extending grade separation structures; provided, however, that no such grade separation structure shall be projected or erected without first consulting the representatives of the Railways or their designee or designees, and shall not be constructed at a height or location or by manner or means so as to interfere with or impede railway traffic, equipment or improvements; 8. It will adequately maintain, or cause to be adequately maintained, the grade crossing at Seventh Street and all grade separation structures that may be hereafter constructed by the City or others and all without cost or charge of any kind or character to said Railways; 9. That, if requested so to do by the Railways, to prepare, submit and sponsor passage of legislation, other and additional to that described in paragraph 3 of the obligations assumed by the City, and which may be desired by the Railways, at any time, to fully assure the full protection which the City intends by this agreement to extend to the Railways, in the public interest and as consideration for the Page 2145 commitments, expenditures and conveyances made or to be made by the Railways as provided herein. The Railways will, upon such terms and conditions as will be mutually agreeable to the parties, but without charge to the City therefor 1. Convey or cause to be conveyed to the City the following rights-of-way and easements: (a) An easement for a proposed 21-inch pressure sewer line by the City of Macon, Georgia, Bibb County, entering upon the right-of-way of the Central of Georgia Railway Company on the south side of the main track at a point approximately 523 feet, more or less, east of Mile Post 189-S; thence, extending in an easterly direction parallel to and at all points 90 feet from the center line of the main track a distance of 765 feet, more or less, to a point 1297 feet east of Mile Post 189-S, at a point of termination, all as substantially shown on print dated June, 1963, last revised August 29, 1963, which was drawn by Wiedeman Singleton, Consulting Engineers, Atlanta, Georgia; (b) Four easements upon the property of Central and at or near the following points, to-wit: Mile Post S-188 plus 2168 ft.; Mile Post S-188 minus 453 ft.; Mile Post S-189 minus 1535 ft.; Mile Post S-188 minus 2881 ft. and Mile Post S-189 minus 1297 ft. It is the estimate and determination of the City that granting of such easements will result in a saving to the City of approximately $50,000.00, which would otherwise be the cost of alternate routing of the sewerage system lines to occupy these easements; (c) Rights-of-way required in connection with the City's planned widening and relocation of Seventh Street, which rights-of-way have been tentatively agreed upon by representatives of the City and of the Railways. The conveyance of these rights-of-way and the purposes to which the rights-of-way will be devoted will result in destruction or substantial damage in excess of $100,000.00 to improved properties and structures of the Railways and if otherwise acquired would result in even greater cost to the City; Page 2146 2. Construct, at an estimated cost of approximately $10 million dollars, the described modern railway yard which will occupy, in part, a considerable portion of the present railway yard of Southern and which will, except for related trackage connections and facilities, extend generally from the vicinity of Turpin Street on the north to the vicinity of Mead Road on the south; 3. The Railways will, as desired by the City, construct and extend trackage so as to accommodate a partial re-routing of railway traffic through the City so that a majority of their trains of sizable length will not move, as at present, over grade crossings at Fifth, Walnut and Poplar Streets, but will move via overpasses at Fifth, Walnut and Poplar Streets; by trackage to and through the properties of the Macon Terminal Company; and thence by trackage generally to extend across Pine, Seventh, Hawthorne, Moore, Eighth, Tupelo, Ninth, Bay and Turpin Streets at grade; 4. The Railways will furnish to the City of Macon a plat or plats, map or maps, that will accurately reflect the locations of the aforesaid railway re-routing trackage, the modern railway yard to be constructed, and the additional and necessary trackage and adjuncts related to such described railway facilities. The obligations of the Railways as hereinabove recited are assumed upon all of the following conditions first being fulfilled, or obtained: (a) Approval by any and all regulatory bodies or other public authorities having jurisdiction of the subject matter, or of anything incident thereto; (b) Upon closure, abandonment and conveyance by the City of the segments of alleys and streets hereinabove described, conditioned upon payment by the Railways of additional cash considerations therefor commensurate with the fair market value of each segment as the same is illustrated by the fair market value of unimproved properties in the same general areas of the respective segment; Page 2147 (c) Upon passage and approval by the General Assembly of Georgia, and at its present session, of legislation, authorizing or ratifying and confirming the closure, abandonment and sale to the Railways by the City of the aforesaid segments of streets and alleys, and confirming, ratifying and approving this contract and agreement; (d) Upon passage and approval by the General Assembly of Georgia, and at its present session, of legislation, authorizing or ratifying and confirming the closure, abandonment and sale to the Railways by the County of Bibb of the segments of county roads as described in a contract between the Railways and such County dated this day, and confirming, ratifying and approving such contract; (e) Upon performance by the County of Bibb of its obligations assumed in the aforesaid contract with the Railways; (f) Acquisition by the Railways, or their designee, of all properties and facilities deemed necessary, useful or convenient for the construction and maintenance of the described railway facilities and adjuncts thereto. It is understood and agreed by and between all parties hereto that, upon compliance by the Railways of their obligations hereunder, the provisions of any ordinance, contract, regulation, convenant or condition in conflict herewith shall be abrogated except solely that it is also expressly understood that the annual franchise payments now being made by Southern and Central to the City shall continue. This agreement shall inure to and be binding upon the parties, and their respective successors and assigns. IN WITNESS WHEREOF, the parties have caused this agreement to be executed and their seals to be affixed by their respective and duly authorized officers and agents. Page 2148 Page 2149 Section 2. In the event the City of Macon, acting through its authorized officers and agents has heretofore executed the aforesaid contract, said action is hereby ratified, approved and confirmed. Intent. Section 3. Each, every and all of the commitments and obligations of the City of Macon contained in the aforesaid contract are authorized, ratified, confirmed and approved, collectively, severally and in any and all combinations of the same. Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 5. The attached notice of intention to apply for this legislation, and the attached affidavit of the members of the General Assembly of Georgia, applying for passage of this Act and regarding publication of said notice, are incorporated in and made a part of this Act. Personally appeared before me, the undersigned attesting officer, duly authorized to administer oaths, Denmark Groover, Jr., Mitchel P. House, Jr., and William E. Laite, who, each first being duly sworn, deposes and says, on oath, that he is a Representative in the General Assembly of Georgia from the County of Bibb and the author of the foregoing proposed legislation, and that notice of intention to apply for such legislation was published in The Macon News, the official organ of said county in which sheriff's advertisements are published, on January 25, 1964, February 1, 1964 and February 8, 1964. A copy of said notice, as so published, is attached. /s/ Denmark Groover, Jr. /s/ Mitchel P. House, Jr. /s/ W. E. Laite, Jr. Page 2150 Sworn to and subscribed before me, this 11th day of February, 1964. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and county, Mary Jean Goette, who deposes and says she is checking clerk for The Macon News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in The Macon News on the following dates: January 25, 1964; February 1, 1964; February 8, 1964. /s/ Mary Jean Goette. Sworn to and subscribed to before me, this 8th day of February, 1964. /s/ Hugh P. Harper, Notary Public, Georgia State at Large. My Commission Expires Jan. 28, 1966. Public Notice. Please take notice that the City of Macon, acting through the Mayor and Board of Aldermen of the City of Macon, will apply at the present session of the General Assembly of Georgia for passage and approval of legislation amendatory to the City of Macon charter, or otherwise, that will: 1. Authorize, or ratify and confirm, action by the City of Macon and Mayor and Board of Aldermen thereof, relating to closure, abandonment and conveyance to Southern Railway Company, Central of Georgia Railway Company and Georgia Southern and Florida Railway Company, or to their designee, or designees, of those portions or segments of Pine and Plum Streets, including the full widths thereof, and Page 2151 underpass connected therewith, and extending from a point approximately 122.5 feet from the original easterly boundary of Fifth Street to the new proposed westerly boundary of Seventh Street.; 2. Authorize, or ratify and confirm, action by the City of Macon and Mayor and Board of Aldermen thereof, relating to closure, abandonment and conveyance to Southern Railway Company, Central of Georgia Railway Company and Georgia Southern and Florida Railway Company, or their designee or designees, that portion of Seventh Street described as follows: Beginning at the center stone located at the center line intersections of Original Pine Street and Original Seventh Streets and thence running S 56 10[UNK] E for a distance of 35.2 feet to a point on the proposed new Seventh Street right-of-way; thence at right angles running S 33 45[UNK] W along the proposed new right-of-way a distance of 209.87 feet to a point and the point of beginning; From this point of beginning running S 6 36[UNK] W a distance of 83.40 feet to property now owned by Southern Railway; then running S 33 45[UNK] W along the property line of Southern Railway a distance of 154.45 feet to a point; thence N 6 36[UNK] W a distance of 83.40 feet to a point on the proposed right-of-way of Seventh Street; thence N 33 45[UNK] E along this proposed right-of-way a distance of 154.45 feet to the point of beginning. 3. Authorize, or ratify and confirm, action by the City of Macon and Mayor and Board of Aldermen thereof, relating to closure, abandonment and conveyance to Southern Railway Company, Central of Georgia Railway Company and Georgia Southern and Florida Railway Company, or their designee, or designees, of all or any portion, as may be determined, or has been determined, by the Mayor and Board of Aldermen of the City of Macon, of streets and alleys within that area of the City of Macon bounded by the southwesterly side of Turpin Street, the westerly side of Seventh Street, the southerly side of Plum Street, and the westerly side of Eleventh Street; Page 2152 4. Without limiting the generality of the third numbered paragraph hereinabove, to authorize, or ratify and confirm, action by the City of Macon and the Mayor and Board of Aldermen thereof, relating to the closure, abandonment and sale to Southern Railway Company, Central of Georgia Railway Company and Georgia Southern and Florida Railway Company, or their designee, or designees, of those portions or segments of streets and alleys of the City of Macon described as follows: (a) The full width of Hawthorne Street from the northwest side of Ninth Street to southeast side of Seventh Street (formerly known as Division Street); (b) The full width of Moore Street from the northwest side of Ninth Street to the south side of Hawthorne Street; (c) The full width of Eighth Street (formerly known as Harris Street) from the south side of Hawthorne Street to the north side of Tupelo Street; (d) The full width of a twenty (20) foot alley running north and south through Square 72, South West Commons; (e) The full width of Tupelo Street, from the southeast side of a projection of a twenty (20) foot alley running north and south through Square 74, South West Commons, to the southeast line of Eighth Street (formerly Harris Street); (f) The full width of Ninth Street (formerly Grier Street) from the southwest side of Bay Street to a point 184 feet southwest of the southwest side of Moore Street. (g) The full width of Bay Street from the northwest side of Tenth Street to the northwest side of Ninth Street (formerly Grier Street); (h) The full width of the twenty-foot alley extending north and south through Squares 74 and 75, South West Commons, from the northeast side of Turpin Street to the southwest side of Tupelo Street; Page 2153 (i) The full width of Turpin Street from the projection of the northwest line of a twenty-foot alley running north and south through Square 75, South West Commons, to a point 24 feet northwest of the northwest side of a sixteen (16) foot alley running north and south through Square 1 of the City Reserve; (j) The full width of Tenth Street between the north side of Turpin Street and the south side of Bay Street; (k) The full width of a twenty (20) foot alley running north and south in Square 71, South West Commons, from the southwest side of Tupelo Street a distance of 104.25 feet to the common line of Lots 7 8 and 1 2 in said Square; 5. To authorize, or ratify and confirm, a contract between the City of Macon, Southern Railway Company, Central of Georgia Railway Company, and Georgia Southern and Florida Railway Company, relating to grant to the City of Macon of easements and rights-of-way for adjuncts and improvements to the sewerage system of the City of Macon and to Seventh Street, within the City of Macon, and to the construction of a modern railway yard in the City of Macon and in the County of Bibb, the partial re-routing of railway traffic through the City of Macon and to commitments and obligations by the City of Macon for the protection of railway facilities against encroachments and impositions and which contract has been or will be executed by the Mayor of the City of Macon pursuant to authority to him granted by an ordinance of the Mayor and Board of Aldermen of the City of Macon adopted January 10, 1964, and as said contract may be ratified and confirmed by the Mayor and Board of Aldermen of the City of Macon; 6. For such other legislation incident to and in furtherance of the foregoing purposes and objects. /s/ Trammell F. Shi, Attorney for the City of Macon. Approved February 19, 1964. Page 2154 CITY OF GREENVILLEAD VALOREM TAX RATEREFERENDUM. No. 575 (House Bill No. 897). An Act to amend an Act entitled An Act to consolidate, amend and supersede the Acts incorporating the Town of Greenville, in the County of Meriwether; to provide for a mayor and councilmen, define their power and duties, repeal conflicting laws, and for other purposes., approved September 12, 1887 (Ga. L. 1886-1887, p. 498), as amended, particularly by an Act approved July 28, 1911 (Ga. L. 1911, p. 1276), so as to increase the maximum ad valorem tax rate which may be levied upon property within the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to consolidate, amend and supersede the Acts incorporating the Town of Greenville, in the County of Meriwether; to provide for a mayor and councilmen, define their power and duties, repeal conflicting laws, and for other purposes., approved September 12, 1887 (Ga. L. 1886-1887, p. 498), as amended, particularly by an Act approved July 28, 1911 (Ga. L. 1911, p. 1276), is hereby amended by striking from section 8 of said Act the words ten mills and by substituting in lieu thereof the words fifteen mills, so that when so amended said section 8 shall read as follows: Section 8. Be it further enacted, That said mayor and council shall have full power and authority to assess, levy and collect such taxes upon the real and personal property within the corporate limits of said city, as they may deem necessary for the support and government of said city; provided, that the tax so assessed shall not exceed fifteen mills on each one dollar; also to levy and collect such tax on business occupation, theatrical exhibitions or other performances, exercised, performed or exhibited within the corporate limits of said city, and fix such license on circuses, menagerie shows, including shows of domestic or wild animals, as may be deemed proper. Ad valorem tax rate. Page 2155 Section 2. Not less than 10 days 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 governing authority of the City of Greenville to issue the call for an election for the purpose of submitting this Act to the voters of the City of Greenville for approval or rejection. The governing authority of the City of Greenville shall set the date of such election for a day not less than 30 days nor more than 40 days after the date of the issuance of the call. The governing authority of Greenville 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 increasing the maximum amount of ad valorem taxes which may be levied on property within the City of Greenville. Referendum. Against approval of the Act increasing the maximum amount of ad valorem taxes which may be levied on property within the City of Greenville. All persons desiring to vote in favor of adopting the proposed amendment shall vote for ratification of the amendment, and all persons desiring to vote against the adoption of the proposed amendment shall vote against ratification. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon. Section 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 1964 Session of the General Assembly of Georgia an Act to Page 2156 amend An Act to consolidate, amend and supercede the Acts incorporating the Town of Greenville, in the County of Meriwether; to provide for mayor and councilmen, define their powers and duties, repeal conflicting laws, and for other purposes approved September 12, 1877 (Ga. L. 1887, page 498), and Acts amendatory thereof, so as to set the authorized rate of taxation at not more than fifteen (15) mills, to provide for a referendum by the voters on same, and for other purposes. This January 2, 1964. /s/ J. Render Hill, Representative, Meriwether County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. 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 2, 1964; January 9, 1964; and January 16, 1964. /s/ Render Hill, Representative, Meriwether County. Sworn to and subscribed before me, this 28th day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved February 18, 1964. Page 2157 RABUN COUNTYSECRETARY FOR CLERK OF SUPERIOR COURT. No. 576 (House Bill No. 774). An Act to provide for a secretarial assistant for the clerk of the superior court of Rabun County; to provide for his or her compensation; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The clerk of the superior court of Rabun County is hereby authorized to employ a secretary to assist him in typing and routine stenographic duties of his office, under the clerk's supervision. Said secretary shall be paid a salary of $200.00 per month, payable from the funds of Rabun County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. In accordance with recommendation of the August Term, 1963, grand jury; notice is hereby given that there will be introduced at the January 1964 Session of the General Assembly of Georgia, a bill to provide for clerical help for the clerk of the superior court of Rabun County; to provide for his compensation; to provide the procedure connected therewith; and for other purposes. This 28th day of December, 1963. /s/ Knox Bynum, Representative, 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 Page 2158 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 2, 9 16, 1964. /s/ Knox Bynum, Representative, Rabun County. Sworn to and subscribed before me, this 20th day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved February 18, 1964. CITY COURT OF HINESVILLESOLICITOR'S QUALIFICATIONS. No. 577 (House Bill No. 1101). An Act to amend an Act establishing the City Court of Hinesville, approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved February 15, 1957 (Ga. L. 1957, p. 2145), and an Act approved March 9, 1959 (Ga. L. 1959, p. 2560), so as to change the qualifications for the solicitor of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the City Court of Hinesville, approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved February 15, 1957 (Ga. L. 1957, p. 2145), and an Act approved March 9, 1959 (Ga. L. 1959, p. 2560), is hereby amended by striking from section 5 the following, The qualifications of said solicitor shall be the same as that of the judge of said court., and inserting in lieu thereof the following, The Page 2159 solicitor, on the date he assumes his duties, shall have been admitted to practice law for at least three years, and shall have been a resident of Liberty County for at least two years immediately preceding such date. The other qualifications of the solicitor shall be the same as those of the judge of said court., so that when so amended section 5 shall read as follows: Section 5. Be it enacted by the authority aforesaid, that there shall be a solicitor of said city court, who shall be elected by the qualified voters of Liberty County, at the same time and in the same manner as the judge of said court, whose term of office shall be four years, and until his successor is elected and qualified. The present solicitor of the County Court of Liberty County, M. Price, shall be solicitor of said city court from the time said court is organized until January first, 1917. All vacancies in the office of solicitor shall be filled as vacancies in the office of judge of said court. The solicitor, on the date he assumes his duties, shall have been admitted to practice law for at least three years, and shall have been a resident of Liberty County for at least two years immediately preceding such date. The other qualifications of the solicitor shall be the same as those of the judge of said court. The duties of the solicitor shall be to prosecute all offenses cognizable before said city court. The solicitor shall be compensated in the amount of $3,400.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. Such compensation shall be in lieu of all fees which he has heretofore received except those provided in section 6. In the absence or disqualification of the solicitor, the judge of the city court shall appoint a solicitor pro tem, who shall be paid the amount on a prorata basis which the solicitor would have received had he been serving. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Liberty County. Personally appeared before me the undersigned officer, duly authorized to administer oaths, Charles M. Jones, who, Page 2160 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: January 23, 1964; January 30, 1964, and February 6, 1964. /s/ Charles M. Jones, Representative, Liberty County, Georgia. Sworn to and subscribed before me, this 10th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Notice. Notice is hereby given that I will introduce a bill in the 1963-1964 session of the General Assembly changing the qualifications of the solicitor of the City Court of Hinesville, Georgia, and for other purposes. This 20th day of January, 1964. /s/ Charles M. Jones, Representative, Liberty County, Georgia. Approved February 19, 1964. Page 2161 PENSION ACT FOR FIREMEN IN CITIES HAVING POPULATION OF 150,000 OR MORE AMENDED. No. 580 (Senate Bill No. 209). An Act to amend an Act approved August 13, 1924 (Ga. L. 1924, p. 167 et seq.), and the several Acts amendatory thereof, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 as disclosed by the United States census of 1920, or any subsequent census, so as to provide additional pension benefits for members of paid fire departments of such cities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act approved August 13, 1924 (Ga. L. 1924, pp. 167-173), providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 by the United States census of 1920, and any subsequent census, and the several Acts amendatory thereof, be and the same is hereby further amended, as follows: Section 1. (a) Any member of the fire department that has qualified as a fire fighter or is subject to fire fighting duties coming under the terms of this Act who is in the employment of the city prior to the effective date of this amendment may elect to come under the provisions of this amendment by making written application to the pension board. The applicant must agree in writing to accept the benefits and obligations of this amendment, in lieu of other pension benefits and obligations under this Act, as amended. Any member of the fire department in the employment of the city on the effective date of this Act who is covered under the terms of this Act as amended prior to this amendment but who does not qualify as a fire fighter or is not subject to fire fighting duties shall not be allowed to come under the provisions of this amendment but shall have their rights and obligations determined under this Act as it Page 2162 existed prior to this amendment or shall be allowed to transfer to the General Employees Pension Fund as it now exists. Election by members. All such members of the fire department in the employment of the city on the effective date of this Act who qualify as a fire fighter or are subject to fire fighting duties but who do not in writing agree to accept the benefits and obligations of this amendment shall have their rights and obligations determined under this Act as it existed prior to this amendment. All regular members of the fire department of the city, eligible for participation in this Act as amended who shall be elected or employed after the effective date of this Act, shall be required to come under the provisions of this Act, as now amended, and shall have all rights and duties provided in the amended Act. New members. This amendment and the election to accept its benefits shall be predicated upon an acknowledgement that the General Assembly in adopting this amendment reserved the right to further amend said Act and to reduce the benefits provided hereunder not to exceed the primary insurance amount he will be eligible to receive in the event the members of the fire department of such city should ever qualify and accept the benefits under the Federal O.A.S.I. program by reason of their employment by such city. Provided further, that the benefits of this Act, as amended, shall in no event be reduced more than the primary insurance amount received from Federal O.A.S.I. program as a consequence of participation in said Federal O.A.S.I. program. Provided, further, that the benefits of this Act, as amended, shall in no event be reduced as a consequence of participation in said Federal O.A.S.I. program below the benefits as same existed prior to the enactment of this amendment. Future amendments. (b) All members of the fire department, who shall elect to come under the terms of this amendment, must attain the age of fifty-five (55) years and shall have served 25 years, before being eligible to retire and receive the benefits, as provided by this amendment; provided, however, that any member of the fire department who has served twenty-five (25) years and who has attained the age of fifty (50) years Page 2163 may elect to retire on a reduced pension, said reduction to be one-twelfth (1/12) of three percent (3%) per month for each month the member of the fire department lacks in being fifty-five (55) 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. Pensions (c) When such member of the fire department shall retire as a matter of right, he shall be paid thereafter a monthly pension equal to two percent (2%) of his monthly (base and service) earnings, multiplied by his years of creditable service, up to and including twenty-five (25) years, and one and one-half percent (1%) of his monthly (base and service) earnings multiplied by the number of full years of creditable service in excess of twenty-five (25) years of creditable service. Monthly earnings shall be the average of the highest five (5) years (base and service) salary during the term of employment. Same. (d) In no event shall the total pension benefits payable under this amendment, plus any primary insurance amount under the Federal O.A.S.I. program that may inure to any member of the fire department coming under the provisions of this amendment, by reason of his employment by such city, exceed 75% of the average monthly (base and service) salary used in computing the pension benefits under the terms of this amendment or $500.00 per month, whichever is less. Provided, however, that whenever monthly earnings as defined in this amendment, multiplied by years of creditable service at the time of retirement or death shall entitle any member of the fire department coming under the provisions of this amendment to a pension in excess of the maximum pension allowable hereunder, said member of the fire department or, beneficiary in case of death of said member, shall be refunded all contributions made by him on monthly earnings in excess of monthly earnings necessary to arrive at the maximum pension allowable. No department head who elects to come under the provisions of this Act shall be entitled to receive any emeritus salary as provided by the governing authorities of any city coming within the provisions of this Act. Maximum pensions. Page 2164 (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 sub-section (c) above, and provided, further, that disability or death incurred in the line of duty shall be computed by the same formula as is used for computing service pensions in sub-section (c) above, or a monthly pension equal to the amount he would have been eligible to receive with thirty-five (35) years service, provided the average monthly earnings used in said computations shall not be less than the salary being paid sixth year fire fighter at the time of disability or death, regardless of age and of years served, whichever is greater. Intent. Pensions for widow as beneficiary designated under the terms of this Act, as amended, shall be one-half () of the amount the pensioner was receiving at time of death on service pensions, total and permanent disability pensions not in the line of duty, and death not in line of duty prior to eligibility for retirement, and three-fourths ([UNK]) on disability or death incurred in the line of duty with said fire department, of the amount the pensioner was receiving or would have received had he exercised his right to retire, and provided, further that the pension benefits for widow shall be continued to the minor child or children (natural or legally adopted) upon the death or remarriage of the widow until the youngest child shall have become 18 years of age. 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 is said beneficiary of pensioner receiving service pension benefits is more than five (5) years younger than the pensioner, there shall be deducted from her pension one-twelfth (1/12) of two percent (2%) per month for each month that she is more than five (5) years younger than the pensioner; provided, however, that said reduction of one-twelfth (1/12) of two percent (2%) per month shall Page 2165 not apply if the beneficiary is fifty-five (55) years or more of age at the time she becomes eligible for benefits. Pensions for widows, etc. (f) When any person covered by the provisions of this Act shall die as a result of injuries incurred in the line of duty, the compensation to which he would have been entitled shall be continued for one year and paid to his widow or minor children (natural or legally adopted), if no widow. Any compensation received by the member due to said injury shall be deducted from the one year's compensation herein provided for. At the expiration of the one year period referred to above, the pension benefits for widow shall be computed by the same formula as set forth in sub-section (e) above. The pension benefits for widow provided by this amendment shall be continued to the minor child or children (natural or legally adopted) upon the death or remarriage of the widow until the youngest child shall have become 18 years of age. Same. (g) Any member electing to come under this amendment shall pay into the fire department pension fund the sum of five percent (5%) of his total salary, in the event he does not provide for payment of a pension to this beneficiary, as authorized by this Act, as amended, or the sum of six percent (6%) of his total salary, in the event he does provide for the continuance of the pension to his beneficiary. Like payments shall be made from the salaries of future employees of the fire department required to come under this amendment. Contributions by members. (h) In addition to the payments required to be made in sub-section (g) above, any member of the fire department who may become a participant under this amendment shall be entitled to all benefits and receive credit for all the years of his creditable service, provided he shall pay into the fund the sum of five percent (5%) of his total salary from the time his salary exceeded $300.00 per month, if he does not provide for the payment of a pension to a beneficiary, and the sum of six percent (6%) of his total salary from the time his salary exceeded $300.00 per month, if he does provide for the payment of a pension to a beneficiary. Payments previously made to the Pension Fund not exceeding Page 2166 the amount due the Fund shall be deducted from the total amount due in arriving at the total sum of five percent (5%) or six percent (6%). Same. Said total amount due may be paid at the time the member of the fire department elects to come under the terms of this amendment or in sixty (60) monthly installments from the date of his participation under this amendment, at the option of the participant to the plan. Provided, however, that the Board of Trustees of the Fund, as created under this Act, as amended, may at their discretion allow additional time for such payments to be made. Same. Any member of the fire department who does not elect to participate under this amendment within six (6) months of the effective date of this amendment, but who later elects to participate, shall be required to pay interest at the rate of four percent (4%) per annum from the effective date of this amendment to the date he elects to participate. In the event the member of the fire department 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 from retirement or beneficiary benefits until the obligation is discharged. (i) 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 subsection (g) above, as to those then employed and electing to come under this amendment, shall begin with that date. As to those subsequently coming into the service of the fire department 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. (j) In addition to the Fund derived from deductions from salaries and wages, as required by sub-section (g) of this amendment, it shall be the duty of the governing authorities of such cities to appropriate and pay into the Pension Fund an amount which shall be equal to the total amount of deductions from the salaries and wages paid to members of the fire department of said governing authorities, Page 2167 including the amounts paid into said Fund by said members of the fire department for prior creditable service, as required by sub-section (h). Provided; however, such governing authorities of such cities may delay the matching of additional contributions caused by the enactment of this amendment to the January 1st next following the effective date of this amendment and provided, further, that said governing authorities of such cities may match the payments for prior creditable service, as provided for in sub-section (h) in annual installments over a period not to exceed twenty (20) years from the January 1st next following the effective date of this amendment. Should said Pension Fund at any time be insufficient to meet and pay the pensions due to such members of the fire department, such governing authorities shall appropriate from current funds amounts sufficient to make up the deficiency and deposit same into the fire department pension fund. Contributions by cities. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved February 20, 1964. CITY COURT OF FLOYD COUNTYJUDGE'S SALARY. No. 582 (House Bill No. 1121). An Act to amend the Act entitled City Court of Floyd County approved March 7, 1955 (Ga. L. 1955, pp. 3109-3118), as amended by Act of 1957 (Ga. L. 1957, pp. 3172-3174), and Act of 1961 (Ga. L. 1961, pp. 2106-2109), by amending section 3 of said Act by increasing the salary of the judge of the City Court of Floyd County from nine thousand ($9,000.00) dollars per annum to a salary of eleven thousand five hundred ($11,500.00) dollars per annum; and to repeal conflicting laws. Page 2168 Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That section 3 of the Act entitled City Court of Floyd County and approved March 7, 1955 (Ga. L. 1955, pp. 3109-3118), as amended by Act of 1957 (Ga. L. 1957, pp. 3172-3174) and Act of 1961 (Ga. L. 1961, pp. 2106-2109), be and the same is hereby amended by striking and repealing the words and figures in lines 13 and 14 of section 3 of said Act, reading: a salary of nine thousand ($9,000.00) dollars per annum and substituting and enacting in lieu thereof the words and figures a salary of eleven thousand five hundred ($11,500.00) dollars per annum, so that section 3 of said Act shall read: Section 3. There shall be a judge of said city court, who shall be elected by qualified voters of said Floyd County, who shall hold his office for a term of four years, and if there should be a vacancy in the office of judge, the Governor shall, by appointment, fill the same, until the next general election, when a judge shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections; provided that if said vacancy occurs within thirty (30) days prior to the next general election, then the appointment of the Governor shall continue for the remainder of the unexpired term. The judge of said city court shall receive a salary of eleven thousand five hundred ($11,500.00) dollars per annum, which shall neither be diminished nor increased during his term of office, except to apply to a subsequent term in office, and which shall be paid monthly by the treasurer of Floyd County, and it shall be the duty of the board of roads and revenues of said county or other proper officers to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation and may not practice law in any court. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. The notice and affidavit attached hereto are made a part of this Bill, and reference is made thereto. Page 2169 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. E. Jordan, 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 21, 29 and February 5, 1964. /s/ J. E. Jordan Representative, Floyd County Sworn to and subscribed before me, this 10 day of February, 1964. /s/ Janette Hirsch Notary Public. My Commission expires Oct. 6, 1964. (Seal). Notice of Intention to Ask Local Legislation. To the People of Floyd County: Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia, at its session in 1964, for the enactment of a local bill to amend an Act entitled City Court of Floyd County, Georgia Laws 1955, pp. 3109-3118, so as to raise the yearly salary of the Judge of the City Court of Floyd County. This notice is given pursuant to Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia, (Code Section 2-1915). Page 2170 This 21st day of January, 1964. /s/ J. Battle Hall Senator 52nd District /s/ Sidney Lowrey Representative Floyd County /s/ J. E. (Red) Jordon Representative Floyd County Approved February 20, 1964. GREENE COUNTYCOMMISSIONERS OF ROADS AND REVENUES. No. 583 (House Bill No. 1182). An Act to amend an Act creating the board of commissioners of roads and revenues in and for Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, by an Act approved February 14, 1958 (Ga. L. 1958, p. 2205), and by an Act approved March 6, 1961 (Ga. L. 1961, p. 2223), so as to provide that the board of commissioners of roads and revenues in and for Greene County, Georgia, shall consist of five commissioners; to provide for a new commissioner district; to provide the manner of election for the members of said board; to provide that said commissioners shall be elected by the voters of the entire county; to provide that a majority vote of the members of the board present shall be required to approve any matter coming before the board, provided the members present constitute a quorum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the board of commissioners of roads and revenues in and for Greene County, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, by an Page 2171 Act approved February 14, 1958 (Ga. L. 1958, p. 2205), and by an Act approved March 6, 1961 (Ga. L. 1961, p. 2223), is hereby amended by striking the last sentence of section 1, which reads as follows: Said board shall consist of four members who shall be freeholders and qualified voters of said county and otherwise eligible to hold county office. and inserting in lieu thereof a new sentence to read as follows: Said board shall consist of five members who shall be freeholders and qualified voters of said county and otherwise eligible to hold county office. so that when so amended said section shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, the board of commissioners of roads and revenues in and for Greene County, Georgia is hereby created. Said board shall consist of five members who shall be freeholders and qualified voters of said county and otherwise eligible to hold county office. Commissioners. Section 2. Said Act is further amended by striking section 2 of said Act in its entirety and inserting in lieu thereof the following: Section 2. Be it further enacted by the authority aforesaid, that the County of Greene, for the purpose of electing four members of said board, is hereby divided into four commissioner districts as follows: `Commissioner District No. 1 shall be composed of the following militia districts: Districts. Militia District #143, (Greensboro) Militia District #161, (Salem) Militia District #163, (Walkers) Page 2172 `Commissioner District No. 2 shall be composed of the following militia districts: Militia District #137, (Flukers) Militia District #138, (Woodville) Militia District #140, (Union Point) `Commissioner District No. 3 shall be composed of the following militia districts: Militia District #141, (Reynolds) Militia District #142, (Siloam) Militia District #144, (White Plains) Militia District #160, (Liberty) Militia District #162, (Ruth) `Commissioner District No. 4 shall be composed of the following militia districts: Militia District #145, (Greshamville) Militia District #146, (Oakland) Militia District #147, (Macedonia) Militia District #148, (Penfield) Militia District #149, (Wreys also known as Wreyswood) and there shall be one member of the board elected from each of the four commissioner districts and any person in order to be eligible to serve as a member of the board from any such district must be a resident of the district from which he offers as a candidate for a period of not less than twelve months next preceding the date of the election of such commissioners, and there shall be one member of the board elected from the county at large. Any person, in order to be eligible to serve as a member of the board from the county at large must be a resident of the county for a period of not less than twelve months next preceding the date of the election of such commissioners. The member of said board elected from the county at large shall be chairman of said board, provided, however, that in the event the office of the commissioner elected from the county at large, becomes vacant and a member of the board is selected, as Page 2173 provided in this Act, the board shall elect a chairman for the unexpired term. Section 3. Said Act is further amended by striking section 3 of said Act in its entirety and inserting in lieu thereof the following: Section 3. Be it further enacted by the authority aforesaid, that the five commissioners, as provided in this Act, shall be elected by the qualified voters of the entire county. Elections. Section 4. Said Act is further amended by striking section 3A. in its entirety and inserting in lieu thereof a new section 3A. to read as follows: Section 3A. Be it further enacted by the authority aforesaid, that the four members of the board of commissioners of roads and revenues in and for Greene County who were elected at the General Election of 1962, and who took office on January 1, 1963, shall serve the terms of office for which they were elected which will expire on January 1, 1965 or at such time thereafter as their successors are elected and qualified. The five commissioners comprising the board of commissioners of roads and revenues in and for Greene County, as provided in this Act, shall be elected in the same manner and at the same election as county officers in and for Greene County are elected in 1964. The terms of office of the commissioners so elected shall expire on January 1, 1969 or at such time thereafter as their successors are elected and qualified. Thereafter, their successors shall be elected for a term of four years in the same manner and at the same election as county officers are elected in Greene County, held next preceding the expiration of the term of office, for a term of office which shall expire on January 1, dating four years from the expiration of the term ending January 1, 1969 or from a subsequent four year term. Present commissioners, elections, etc. The nominations and elections of said commissioners shall be held under the same rules, regulations and laws as apply to the election of county officers in and for Greene County unless otherwise provided by this Act. Page 2174 Section 5. Said Act is further amended by striking from the last sentence of section 3C. the following: and in the event of a tie vote on any matter, the matter shall be approved by the board. and inserting in lieu thereof the following: and a majority vote of the members present shall be required to approve any matter before the board, provided the members present constitute a quorum. so that when so amended said section 3C. shall read as follows: Section 3C. A majority of the commissioners shall constitute a quorum for the transaction of business, the chairman shall be counted in determining a quorum. The chairman shall be entitled to vote in the same manner as other members of the board and a majority vote of the members present shall be required to approve any matter before the board, provided the members present constitute a quorum. Quorum, etc. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1964 Session of the General Assembly of Georgia, a bill to amend an Act creating the board of commissioners of roads and revenues in and for Greene County, Georgia, approved August 11, 1925 (Ga. L. 1925, p. 653), as amended, so as to provide that the board of commissioners of roads and revenues in and for Greene County shall be comprised of five (5) commissioners; to provide that four (4) members of said board shall be elected from designated districts by the voters of the entire county; to provide the procedure connected with the foregoing; to provide an effective date; and for other purposes. Page 2175 This 14th day of January 1964. Allen P. Roper Representative, Greene County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Allen P. Roper, who, on oath, deposes and says that he is Representative from Greene County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Herald-Journal, which is the official organ of said county, on the following dates: January 24, 31 and February 7, 1964. /s/ Allen P. Roper Representative, Greene County Sworn to and subscribed before me, this 11th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large My Commission expires Dec. 31, 1967. (Seal). Approved February 20, 1964. WHITFIELD COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUESREFERENDUM. No. 587 (Senate Bill No. 314). An Act to amend, revise, supersede and consolidate the laws pertaining to the governing authority of Whitfield County, Georgia; to create a board of commissioners of roads and revenues for Whitfield County, Georgia; to provide for commissioner seats; to provide for elections and terms Page 2176 of office; to provide for qualifications and eligibility; to provide for meetings; to provide for enforcement of decorum; to provide for rules of procedure; to provide for a chairman and a vice chairman; to provide for filling vacancies; to provide for compensation and allowances; to provide for a quorum; to provide an oath of office; to provide for bonds; to provide for jurisdiction, powers and duties; to provide for recall; to provide for a comptroller; to prescribe the duties of the comptroller; to provide for an office in the courthouse; to provide for centralized purchasing; to provide for a county engineer; to prohibit certain acts and provide penalties for violations thereof; to provide for adults and reports; to provide for county attorney; to provide for maintaining of roads and streets; to provide for a system of budgets and appropriations; to provide for the sale of property; to provide for a county depository; to provide for severability; to provide for an effective date; to provide for abolishment of the advisory board of Whitfield County; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Board of Commissioners Established : There is hereby established in and for the County of Whitfield a board of Commissioners of roads and revenues to be elected and organized as hereinafter provided, which board of commissioners shall constitute the governing authority of said county, and shall exercise the powers, duties and responsibilities specified herein and imposed upon said officers by the laws of the State of Georgia. Section 2. Commissioner Seats : For the purpose of this Act and for the purpose of the election of commission members, commissioner seats shall be designated as follows: Commissioner Seat No. 1 Commissioner Seat No. 2 Commissioner Seat No. 3 Commissioner Seat No. 4 Commissioner Seat No. 5 Page 2177 Section 3. Election and Term of Office of Commissioners : At the General Election held for members of the General Assembly in 1964, five members shall be elected to serve as commissioners of roads and revenues of Whitfield County, and their term of office shall commence on January 1, 1965. The members elected to fill Commissioner Seats No. 1 and No. 2 shall be elected for and serve a term of two years each and until their successors are duly elected and qualified. The members elected to fill Commissioner Seats No. 3, 4 and 5 shall be elected for and serve a term of four years each and until their respective successors are duly elected and qualified. All members elected in subsequent elections after the General Election of 1964, other than elections to fill vacancies for unexpired terms, shall serve for terms of four years each and until their respective successors are duly elected and qualified, so that the terms of office of the commissioners of roads and revenues of Whitfield County shall be staggered. Subsequent elections shall likewise be held at the same time as members of the General Assembly are elected. All members shall be from the county at large and all members shall be elected by the voters of the entire county. Section 4. Qualifications for Members : Any person, in order to be eligible for membership on the board of commissioners, must be at least 25 years of age; must have been a bona fide resident and citizen and taxpayer of Whitfield County for two years immediately preceding the date of the election; must never have been convicted of a felony; must be a freeholder in Whitfield County by owning land in Whitfield County; and must be qualified and registered in Whitfield County to vote for members of the General Assembly. A member of the board shall be ineligible to hold any other elective or appointive office of the county, or of the State of Georgia, or of the United States, or of any municipality, during his term of office on the board of commissioners. Section 5. Meetings : The board of commissioners shall hold a regular business meeting on the first Tuesday in each month at ten o'clock a.m. at the courthouse in Whitfield County, Georgia, and said meetings may be adjourned Page 2178 from day-to-day until all business is completed. Extra sessions or special meetings may be held at anytime on the call of the chairman or by any three members of the board of commissioners. Whenever a special meeting is called, notice shall be given to each member of the board of commissioners in writing, setting forth the date, hour and place for the meeting and the purpose for which the same is called, and no business shall be transacted at such special meeting 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 of commissioners shall be taken at other than a public meeting. Section 6. Enforcement of Decorum : The board of commissioners shall have the right to appoint a sergeant at arms at all commission meetings, whose duties it shall be to carry out the orders of the chairman in all matters relative to maintaining order and decorum. Section 7. 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 8. Chairman and Vice Chairman : At the first regular meeting in January of each year, the board shall organize by electing a chairman and a vice chairman. The chairman and vice chairman so elected shall serve for the current calendar year and until their successors are elected at the first regular meeting in January of the succeeding year. Any member may succeed himself as chairman or vice chairman. In the event that the members of the board are unable to elect a chairman, the senior judge of the Superior Court of Whitfield County shall designate one of Page 2179 the members as chairman. In the event that the members of the board are unable to elect a vice chairman, the senior judge of the Superior Court of Whitfield County shall designate one of the members as vice chairman. Section 9. Vacancies : In the event a vacancy occurs on the board for any reason whatsoever other than expiration of a member's term of office, such vacancy shall be filled in the following manner: It shall be the duty of the ordinary of Whitfield County to call and hold an election not less than fifteen nor more than thirty days after the date such vacancy occurs for the purpose of electing a member of the board for the vacated commissioner's seat to serve the unexpired term; except that if the vacancy occurs within one year or less of the expiration of such term of office then no special election shall be held, and the vacancy shall be filled by appointment of the grand jury of Whitfield County then in session. The person so appointed or elected shall be commissioned and shall hold office until the expiration of said unexpired term and until his successor is elected and qualified. If the vacancy is in the office of chairman, the vice chairman shall succeed to the office of chairman and serve for the remainder of such person's term as chairman. In such event, a new vice chairman shall be elected after the vacancy on the board is filled. If the vacancy is in the office of vice chairman, a new vice chairman shall be elected after the vacancy on the board is filled. Section 10. Compensation and Allowances : Members of the board herein created shall be paid, as their entire compensation for services the sum of $50.00 per month, except the chairman who shall receive $75.00 per month, payable monthly, out of the treasury of said 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 said member, swearing that the same is true and correct and was expended by him in pursuance of county business. Section 11. Quorum : Three members of the board of Page 2180 commissioners shall constitute a quorum for the transaction of all business which may come before them at any regular, extra or special meeting. Section 12. Oath of Office : Each member of the board of commissioners before entering upon the duties of his office shall before the ordinary of the county subscribe to 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 Whitfield County, and will to the best of my ability uphold the laws of the State of Georgia and the United States 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 13. Bonds of Commissioners : The chairman of the board shall give a surety bond signed by a surety company licensed to do business in this state to be approved by the ordinary of Whitfield County, in the sum of $25,000.00, payable to the ordinary and his successors in office for the use of the county, 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. Each of the other members of the board shall give a bond the same as provided for the chairman, except that the amount shall be $10,000.00. The premium of each bond shall be paid from the funds of Whitfield County. Section 14. Powers and Duties of Commissioners : The board shall have exclusive jurisdiction and control of the following matters: In directing and controlling all of the property of the county; in levying taxes in accordance with the laws of this state; in establishing, changing or abolishing roads, bridges, and ferries according to law; in supervising the tax commissioner's books and in allowing the insolvent list of the County of Whitfield; in settling all claims, charges and demands against the County of Whitfield; in examining and auditing all claims and accounts Page 2181 of officers against the County of Whitfield; in examining and auditing all claims and accounts of officers having the care, keeping and collecting or disbursing any money belonging to Whitfield County or appropriated for its use or benefit and in bringing all such officers to settlement; in electing or appointing all minor officers of said county where an election or appointment is not otherwise provided by law or the provisions of this Act; to have and exercise control and management over the convicts of said county according to the laws of this state; to exercise such other powers as are granted by law or are indispensable to the carrying out the provisions of this Act. The enumeration of powers and duties hereinbefore made shall not be construed as a limitation of the powers of the board to such powers expressly enumerated. The board is hereby expressly given complete power, authority and control relative to all county matters of Whitfield County. Section 15. 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 25% 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 Whitfield County, and it must be signed in the presence of the ordinary or of an employee of the ordinary. The person or persons sponsoring such petition shall address such petition to the ordinary, petitioning him to call for a special election to submit the question of whether any member of the board shall be recalled. The ordinary shall allow such person or persons, from time to time, to count the number of names on said petition in order to determine whether a sufficient number of people have signed the petition. Such person or persons must notify the ordinary when they desire to officially present the petition to him. Provided, however, that no such petition shall be presented to the ordinary more than fifteen days after it is placed in the ordinary's office for the purpose of obtaining signatures thereon. Any petition presented after such fifteen day period shall be void and of no force and effect. It shall then be the duty of the ordinary to determine whether such Page 2182 petition bears the proper percentage of names and to determine the sufficiency of the petition. For this purpose, the clerk of the superior court of Whitfield County is hereby directed to furnish the ordinary with a list of the registered voters for the last general election. The ordinary must make his decision on the sufficiency of the petition within 15 days after the same is formally presented to him. In the event he determines that the petition is in order, it shall be his duty to issue the call for an election and such call shall be issued within 5 days after he determines that such petition is in order. He shall set the date of the election for not less than 20 nor more than 30 days from the date of the issuance of the call and shall publish the date and purpose of such election once a week for two weeks immediately preceding the date thereof. The ballots used in such election shall state the name of the member of the board whose recall has been petitioned, and shall designate the seat of such member. The ballot shall have written or printed thereon, the words For recall of (name of member) (seat number) and Against recall of (name of member) (seat number). The ordinary shall forthwith publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the position in question shall be vacated from the date of such recall election, and the member so removed shall not be eligible to re-election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the member shall retain his office. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies. In the event a recall election results in a majority of votes against recall, no additional recall election against the same member shall be held for at least two years. Section 16. Comptroller : The board is hereby empowered and required to employ and engage the services of a comptroller. The salary of the comptroller shall be fixed by the board of commissioners, and he shall serve at the pleasure of a majority of the board, and may be removed at any time without notice, statement or proof of cause. No member of the board of commissioners shall be eligible to hold the office of comptroller during his continuance of office Page 2183 nor within twelve months after the expiration of his term, nor within twelve months after resignation or removal from the office of commissioner. The comptroller shall be employed solely on the basis of his qualifications and ability and must be of good moral character, at least 25 years of age, with practical experience or specialized training in accounting and finance, and must not be related to any member of the board of commissioners by blood or marriage within the third degree. Section 17. Duties of Comptroller : The comptroller shall devote his entire time to the duties of his office and shall hold no other office, elective or otherwise, during his term as comptroller. It shall be the duty of the comptroller to attend all meetings of the board and to keep minutes of the proceedings in a book kept for that purpose; to keep an accurate set of books, showing in detail all items of income and expense of the county; to receive and deposit in the county depository all funds received by offices of the county required by law to be deposited with the county depository; 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 comptroller shall open his books at any reasonable time to any citizen requesting to see the same; to keep and preserve all the records of the board of commissioners; countersign all vouchers or warrants issued by the board of commissioners thereby certifying that the same is a proper expenditure authorized by the board of commissioners; act as purchasing agent for Whitfield County, but all purchases by the comptroller shall be subject to ratification of the board; receive and compile budget requests from the various departments of the county to 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 comptroller, the duties of his office may be performed by an assistant comptroller appointed by the board of commissioners. Section 18. Bond of Comptroller : The comptroller before entering upon the duties of his office shall furnish a bond payable to the ordinary of said county or his successors Page 2184 in office for the use of Whitfield County in the sum of $50,000.00. Such bond shall be conditioned upon the satisfactory performance of his duties as comptroller and shall be issued pursuant to and subject to the requirement set out for bond by the board of commissioners. The premium on said bond shall be paid from the funds of Whitfield County. Section 19. Office : The board of commissioners shall have an office in the county courthouse, and the comptroller shall keep the same open during normal business hours on all days except Sundays and holidays. Whenever it shall be necessary for the comptroller to be away from the office on county business, he shall leave a competent clerk in charge of said office. Section 20. Centralized Purchasing : The board is authorized by this Act to require centralized purchasing for all departments and agencies of county government, except the health department and hospital authority, so as to effect the utmost economy, consistent with efficiency and quality. They shall prescribe procedures 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. All purchases by Whitfield County in an amount in excess of $250.00 shall be by competitive bids, and all purchases 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 Whitfield County once a week for two weeks before the date of the purchase. The comptroller shall be the exclusive purchasing agent for the county, with all purchases subject to ratification by the board. Section 21. County Engineer : The board of commissioners is hereby authorized and empowered to employ a county engineer and to define his duties and fix his salary. Section 22. Forbidden Acts and Penalties . It shall be unlawful for any member of the board, and comptroller, or the county engineer, to purchase warrants drawn on county funds, and it shall also be unlawful for any member of the Page 2185 board, the comptroller, or the county engineer, 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 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. It shall be unlawful for any member of the board, county engineer, or the comptroller, to have any financial interest in the transaction of any business in connection with the purchase or sale of any goods or supplies for Whitfield County. Any person serving as a member of the board, county engineer, or as comptroller, 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. Section 23. Audits and Reports : The board shall employ a competent certified public accountant to make an audit of the county financial affairs within sixty days after the first day of January of each year, and copies of this audit shall be filed with the ordinary and the clerk of the superior court for inspection by the public. A complete written report of this audit shall be made to the grand jury of Whitfield County at the next term of the superior court of Whitfield County following completion of the audit. The board shall, within sixty days following the completion of the audit each year, publish in the official organ of Whitfield County a statement of the finances of the county for the preceding year, showing all receipts and from what sources derived, and all disbursements and for what purposes paid out and all unpaid obligations at the end of the year. This information shall also be on file in the office of the board for inspection by any citizen or taxpayer of Whitfield County durreasonable office hours. Section 24. County Attorney : The board shall have the authority to employ a county attorney in such manner and for such compensation as will serve the best interest of the county. Section 25. Maintaining of Roads and Streets : The Page 2186 board shall cooperate in the grading, paving and maintaining the roads and streets in the various municipalities of said county, and in the grading and maintaining the public parks, playgrounds and school grounds in said county. Section 26. Budgets and Appropriations : On or before the first day of January each year and before any money is borrowed for the current operation of the county, the board will meet in regular or special session and shall adopt a budget for the ensuing calendar year covering the operations of the county and all of its departments, offices and agencies, except the health department and hospital authority. On or before the date specified by the board but in no event not later than November 15 each year, budget requests for the ensuing year will be submitted to the comptroller by each of the departments, offices and agencies of the county, and such budget requests shall include estimates for the ensuing year of revenues and expenditures for such department, office, or agency, and shall also include such other information as the comptroller or the board may request. The board shall review all the budget requests and may revise the requests in such manner and to such extent as they deem advisable in preparing the budget for adoption. The budget adopted by the board shall present a complete financial plan for the current operations of the county and its departments, offices and agencies in the ensuing year showing all funds and reserves, and such budget shall include in a section titled Appropriations the lump sums appropriated on the basis of proposed expenditures to the specified departments, offices, agencies and their major divisions and to the specified principal objects. The estimated revenues, proposed expenditures, and total of appropriations for the ensuing year shall be equal in amount. Three copies of the budget, as adopted, shall be certified by the board chairman and the comptroller. One of these copies shall be filed in the board office and one each in the office of the ordinary and clerk of the superior court for inspection by the public. The budget, as so certified, shall be printed, mimeographed or otherwise produced, and copies shall be made available to the county departments, offices and agencies and to interested persons. At any time during the year the board, by resolution Page 2187 adopted on the affirmative vote of at least four of its members, may make supplemental appropriations for the current year. If at any time during the year it appears probable to the comptroller that the revenues available will be insufficient to meet the amounts appropriated, he shall report to the board without delay, indicating the estimated amount of the deficit. The board shall then take such action as it deems necessary to prevent or minimize any deficit. For that purpose it may, by resolution, reduce one or more appropriations, but no appropriation for debt service or for estimated cash deficit may be reduced, and no appropriation may be reduced by more than the amount of the unencumbered balance thereof or below any amount required by law to be appropriated. Every appropriation shall lapse at the close of each year to the extent it has not been spent or encumbered. No payment shall be authorized or made and no obligation incurred against the county except in accordance with appropriations duly made, and no warrant shall be issued or constitute a legal charge against said county unless there is a sufficient unencumbered balance in the appropriation to cover the claim concerned. For the year beginning January 1, 1965, the board shall adopt a budget, in accordance with the provisions of this section, not later than March 15, 1965, and the appropriations provided therein shall be retroactive to January 1, 1965, provided, however, that the budget or appropriation for each county department, office and agency for the year 1964 shall carry-over and apply pro rata for the period January 1, 1965 to March 15, 1965, or until such revised budget is adopted by the board. Nothing in this section shall be construed so as to apply to the county health department and hospital authority. Section 27. Sale of Property : No property belonging to Whitfield County shall be sold unless the same is sold at public sale after the advertising of the time and place of such sale for at least two weeks in the official organ of Whitfield County. Section 28. County Depository : The comptroller is hereby designated to receive and deposit in the county depository Page 2188 all funds belonging to Whitfield County collected from whatever source. It shall be the duty of each county officer collecting funds which belong to Whitfield County to remit same to said comptroller for deposit in the county depository not later than the tenth day of the month following receipt of the same. It shall be the duty of the comptroller to report any defaulting officers to the board of commissioners whereupon it shall be the duty of the board of commissioners to cite suc hdefaulting officer as provided by section 89-817 et seq. Georgia, Code of 1933. The board of commissioners shall adopt rules and regulations concerning public funds maintained by said comptroller. Section 29 . 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 30 . Nothing in this Act shall have the effect of changing the method of compensating the sheriff of Whitfield County, the clerk of the superior court of Whitfield County, the ordinary of Whitfield County and the tax commissioner of Whitfield County from an annual salary to a fee system, and such officers shall continue to be paid annual salaries by Whitfield County in the amount presently provided for by law, and said salaries shall continue to be said officers sole compensation for performing the duties of their respective offices. Intent. Section 31 . Nothing in this Act shall have the effect of abolishing or changing the office of tax commissioner of Whitfield County or re-establishing the separate offices of tax collector of Whitfield County and tax receiver of Whitfield County. Tax commissioner. Page 2189 Section 32. Abolition or Abolishment of Advisory Board : Effective on and after January 1, 1965, the advisory board to the commissioner of roads and revenues shall be and is hereby abolished and to the extent that the powers and duties of such board are not otherwise provided for in the Act, such powers and duties shall be transferred to and exercised or discharged by the board of commissioners of Whitfield County provided for in this Act. Section 33. Referendum : After the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the ordinary of Whitfield County to issue the call for an election for the purpose of submitting this Act to the voters of Whitfield County for approval or rejection. The date of such election shall be on or before April 30, 1964. 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 original organ of Whitfield County. The ballot shall have written or printed thereon the words: For approval of the Act to create a five member Board of Commissioners of Roads and Revenues for Whitfield County, Georgia. Against approval of the Act to create a five member Board of Commissioners of Roads and Revenues for Whitfield County, Georgia. 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 a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If less than a majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Whitfield 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 a general election except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and Page 2190 certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 34. Conflicting Laws Repealed : All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved February 21, 1964. CITY OF DALTONCORPORATE LIMITS. No. 588 (House Bill No. 1070). 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. 162, 163, 164, 216, 222, 223, 241, 273, 274, 275, and 276 in the 12th district and 3rd section of Whitfield County, Georgia: Be it enacted by the General Assembly of Georgia: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that the Act amending the charter of The City of Dalton approved January 30, 1946, and subsequent 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 8, 1961, amending the charter of The City of Dalton, and further amended by an Act of the General Assembly of Georgia approved April 12, 1963, 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 the land located in land Page 2191 lot no. 241 in the 12th district and 3rd section of Whitfield County, Georgia, within the following described boundaries: Beginning at a point of the north side of Byron Street 135 feet west of the intersection of Byron Street and Barbara Avenue at the present city limits; thence, south 500 feet to a point; thence, east 185 feet to the east side of Barbara Avenue; thence, north along the last side of Barbara Avenue 300 feet to a point; thence, east 135 feet to a point; thence, north 250 feet to the north side of Byron Street and the present city limits; thence, west 320 feet along the north side of Byron Street to the point of beginning. 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 lots 222 and 223 in the 12th district and 3rd section of Whitfield County, Georgia within the following described boundaries; Beginning at a point on the west side of Tibbs Road at the present corporate limits of the City of Dalton; thence, west 271.4 feet to McLellans Creek; thence, north with meanderings of McLellans Creek to the southwest corner of lot 4 of Timberlane subdivision, as shown on plat of said subdivision as recorded in plat book 5, page 105, office of the clerk of the superior court of Whitfield County, Georgia; reference to which is herein made; thence, northwestward 42.3 feet to an iron pipe as shown on plat of said Timberlane subdivision; thence, south 70 degrees 02 minutes west 279.8 feet; thence, north 87 degrees 0 minutes west 198 feet; thence, north to the southeast corner of lot 9 of the said Timberlane subdivision; thence, west 827.4 feet; thence, north 654.1 feet to the north west corner of lot 16; thence, north 89 degrees 34 minutes east 1,555.9 feet to the west side of Tibbs Road; thence, south 1 degree 0 minutes west along the west side of Tibbs Road 868.7 feet to the present 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 lots 163 Page 2192 and 164 in the 12th district and 3rd section of Whitfield County, Georgia, within the following described boundaries: Beginning at a point on the present corporate limits of the City of Dalton and the west right of way of the Cleveland highway (Georgia No. 71) and running west along said corporate limit line a distance of 858 feet to the east side of the Southern Railroad right of way; thence, north along the east side of the Southern Railroad right of way a distance of 660 feet to the center of Mill Creek; thence, east along the center line of Mill Creek a distance of 792 feet to the east side of the right of way of the Cleveland highway (Georgia No. 71); thence, north along the east side of the right of way of the Cleveland highway a distance of 633 feet to a point; thence, north 89 degrees 41 minutes east 1,770.3 feet to a point; thence, north 21 degrees 17 minutes east 477.4 feet to a point; thence, north 88 degrees 52 minutes east 1,811.4 feet to a point; thence, south 0 degrees 58 minutes east 1,445 feet to the center of Mill Creek; thence, northwest in a meandering line which is the center line of Mill Creek to a point on the west side of the right of way of the Cleveland highway; thence, south along the said right of way a distance of 660 feet to the present 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 in land lots Nos. 273, 274, 275, and 276 in the 12th district and 3rd section of Whitfield County, Georgia, within the following described boundaries: Beginning at a point on the west side of Spruce Street where the corporate limits of the City of Dalton intersects with said street; thence, south 0 degrees 8 minutes east 180.5 feet to a point; thence, south 5 degrees 57 minutes east 104.5 feet to a point; thence, south 89 degrees 43 minutes west 512.5 feet to a point, thence, south 0 degrees 17 minutes east 150 feet to a point; thence, south 40 degrees 16 minutes west 111 feet to the south side of Conway Street; thence, south 88 degrees 36 minutes west 410.3 feet to a point; thence, south 78 degrees west 200 feet to a point; thence, south 65 degrees 13 minutes west 310.6 feet to a Page 2193 point; thence, south 57 degrees 20 minutes west 195.6 feet to a point; thence, west along the south side of Conway Street 463.7 feet to a point; thence, south 11 degrees 9 minutes east 408.5 feet to a point; thence, south 40 degrees 39 minutes east 244.2 feet to a point; thence, south 18 degrees 39 minutes east 41.3 feet to the north side of Thread Mill Road; thence, west along the north side of Thread Mill Road 1,360 feet to a point; thence, north 0 degrees 12 minutes west 289.4 feet to a point; thence, west 350 feet to a point; thence, south 86 degrees west 1,560 feet to a point; thence, north 0 degrees 9 minutes west 167.3 feet to a point; thence, north 87 degrees 35 minutes west 210 feet to a point; thence, south 1 degree 12 minutes east 47.8 feet to a point; thence, south 42 degrees 20 minutes east 100 feet to a point; thence, south 27 degrees west 175 feet to a point; thence, north 73 degrees 52 minutes west 198.8 feet to a point; thence south 144 feet to a point on the south line of land lot no. 273; thence, north 89 degrees 55 minutes west 949 feet to a point; thence, north 6 degrees 30 minutes east 1,098.7 feet to a point; thence, north 89 degrees 40 minutes west 799 feet to a point on the east side of Dug Gap Road; thence, northeast along the east side of Dug Gap Road 52.5 feet to a point; thence, south 89 degrees 40 minutes east 789 feet to a point; thence, north 6 degrees 30 minutes east 161 feet to a point; thence, south 89 degrees 40 minutes east 1,089 feet to a point; thence, south 0 degrees 11 minutes west 93.3 feet to a point; thence, south 4 degrees 20 minutes east 554.9 feet to a point; thence, south 1 degree 12 minutes east 232.7 feet to a point; thence, south 87 degrees 35 minutes east 320 feet to a point; thence, south 17 degrees 12 minutes east 31 feet to a point; thence, south 86 degrees 18 minutes east 270 feet to a point; thence, north 89 degrees 9 minutes east 229.4 feet to a point; thence, north 78 degrees 27 minutes east 164.8 feet to a point; thence, north 2 degrees 30 minutes west 135 feet to the south side of Elaine Way; thence, north and east along the south side of Elaine Way 403 feet to the east side of Dana Drive; thence, north and west along the east side of Dana Drive a distance of 443 feet to a point on the north side of Dana Drive; thence, north 25 degrees 10 minutes west 203.9 feet to a point; thence, north 81 degrees 40 minutes east 181.2 feet to a Page 2194 point; thence, north 35 degrees 18 minutes west 146.6 feet to the south side of Braiden Road; thence, east along the south side of Braiden Road 327 feet to a point; thence, south 2 degrees 43 minutes west 140 feet to a point; thence, south 79 degrees 50 minutes east 135 feet to a point; thence, north 2 degrees 48 minutes 678 feet to a point; thence, east 136.3 feet to a point; thence, south 39 degrees 34 minutes east 26 feet to a point; thence, east 140 feet to the west side of Valencia Drive; thence, south along the west side of Valencia Drive 355 feet to a point; thence, east 190 feet to a point; thence, south 0 degrees 4 minutes east 150 feet to a point; thence south 45 degrees 7 minutes east 84.6 feet to a point; thence, 76 degrees 7 minutes east 75.9 feet to a point; thence, north 76 degrees 48 minutes east 70.8 feet to a point; thence, south 72 degrees 16 minutes east 370 feet to a point; thence, north 78 degrees 44 minutes east 736.7 feet to a point; thence, south 20 degrees 10 minutes east 251 feet to a point; thence, south 9 degrees 6 minutes east 74 feet to a point; thence, south 18 degrees 2 minutes east 164.6 feet to a point; thence, north 77 degrees 10 minutes east 174.3 feet to a point on the east side of East Lakeshore Drive; thence, north along the east side of East Lakeshore Drive to a point where the present city limits intersects with the east side of East Lakeshore Drive; thence, east along the present city limits to the point of beginning. Section 5. 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 boundaries: Beginning at a point on the south side of Mountain View Drive at the present city limits; thence, north along the present city limit line to the south side of lot no. 57 in the Pine Hills subdivision; thence, southeast along the south side of lot no. 57 of said Pine Hill subdivision to the west side of Dogwood Drive; thence, east to the south side of the right of way of Lawrence Drive; thence, east along the south side of Lawrence Drive 443.2 feet to a point; thence, southwest along the west side of Lawrence Drive 810 feet Page 2195 to a point; thence, west 175 feet to the east side of Sales Drive; thence, north along the east side of Sales Drive 275 feet to a point; thence, west 30 feet to a point on the west side of Sales Drive; thence, northwest 365 feet to a point on the west side of Dogwood Drive; thence, north along the west side of Dogwood Drive to the south side of Mountain View Drive; thence, north west along the south side of Mountain View Drive to the point of beginning. Section 6. 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, 1964, 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. 162, 163, 164, 216, 222, 223, 241, 273, 274, 275, and 276 in the 12th district and 3rd section of Whitfield County, Georgia. Thomas Mitchell, Representative, Whitfield County, Georgia, Seat No. 1 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 3, 1964, January 10, 1964, and January 17, 1964. /s/ Thomas Mitchell /s/ Virgil T. Smith Page 2196 Sworn to and subscribed before me, this the 7th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved February 21, 1964. CITY OF THOMSONCORPORATE LIMITS. No. 589 (House Bill No. 1021). An Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Thomson, and reincorporating said town or corporation as the City of Thomson, approved August 19, 1927 (Ga. L. 1927, p. 1631), as amended, so as to increase the corporate limits of the City of Thomson and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Thomson and reincorporating said town or corporation as the City of Thomson, approved August 19, 1927 (Ga. L. 1927, p. 1631), as amended, is further amended by adding subsection 3 to section 1 thereof, as follows: Sub-section 3. The corporate limits of the City of Thomson shall also include the following described tract of land: Beginning at a point marking the northwest intersection of Dogwood Drive and Beechwood Drive in the City of Thomson, 134th district G. M. of McDuffie County, Georgia and from such point proceeding north 53 34[UNK] east for a distance of 242.5 feet; thence proceeding north 46 39[UNK] west for a distance of 489.1 feet to a point; thence proceeding south 53 34[UNK] west for a distance of 454.6 feet to a point; thence proceeding south 48 41[UNK] west for a distance Page 2197 of 132.1 feet; thence proceeding south 44 00[UNK] west for a distance of 132.1 feet; thence proceeding south 38 56[UNK] west for a distance of 132.1 feet; thence proceeding south 35 37[UNK] west for a distance of 132.4 feet; thence proceeding south 27 2[UNK] west for a distance of 550.1 feet to the southern edge of Magnolia Drive; thence proceeding along the southern edge of Magnolia Drive for a distance of 520 feet to the western edge of Dogwood Drive; and thence proceeding along the western and northwestern edge of Dogwood Drive to the point of beginning. Said property includes a portion of section II and all of section III of Hickory Hill subdivision as shown on plat of survey made by J. A. Hutchinson, Jr., P. E., on January 3, 1964, a copy of which plat is recorded in plat book E at page 38, in the office of the clerk of superior court of McDuffie County, Georgia. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are hereby repealed. Notice of Local Legislation. Notice is hereby given that at the regular 1964 Session of the General Assembly of Georgia, there will be introduced a Bill extending the corporate limits of the City of Thomson so as to include within said city certain property to the west and northwest of Dogwood Drive. Leonard N. Lokey, Representative, McDuffie County, Georgia. Georgia, McDuffie County. Personally before the undersigned attesting officer authorized to administer oaths appeared Leonard N. Lokey, who first being duly sworn on oath deposes and says that he is the Representative of McDuffie 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 McDuffie Progress, which is the official Page 2198 organ of said county on the following dates: January 16, 1964; January 23, 1964 and January 30, 1964. /s/ Leonard N. Lokey. Sworn to and subscribed before me, this 4th day of February, 1964. /s/ Tom Harber, Jr., Notary Public. My Commission Expires January 9, 1967. (Seal). Approved February 21, 1964. CITY OF ATLANTAVACANCIES IN OFFICES. No. 593 (Senate Bill No. 278). 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 (Ga. L. 1874, p. 116), 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. Advertisement. Section 2. Vacancies in any offices, whether elected by the people or by the board of aldermen with the exception Page 2199 of the mayor and the board of aldermen shall be filled by a vote of the board of aldermen and the person so elected shall serve the remainder of the term. Vacancies. Section 3. All vacancies in the membership of the board of aldermen occurring within 15 calendar months or less of the expiration of their term of office shall be filled by the mayor from a list of three qualified nominees submitted by the board of aldermen. All vacancies occurring in the membership of the board of aldermen more than 15 months prior to the expiration of their term of office shall be filled by a majority of the votes cast in a special election called by the board of aldermen on the same day as the next General Election in which members of the House of Representatives of Fulton County are elected. If no one person voted on in such special election receives a majority of the votes cast, a run-over election shall be called by the board of aldermen and said election shall be held not less than 10 nor more than 30 days thereafter, and, in such election only the two candidates receiving the highest number of votes in the special election shall be accepted as candidates in such run-over election. All electors or voters, from that part of Atlanta that is in DeKalb County, voting in any special election as herein provided shall vote at the precincts that are established in DeKalb County for the holding of State General Elections. All electors or voters, from that part of Atlanta that is in DeKalb County, voting in any run-over election as herein provided shall vote at the precincts that are established in DeKalb County for the holding of City General Elections for the City of Atlanta. In the event the election herein provided will not be held within sixty (60) days after the occurrence of such vacancy, the mayor shall fill such vacancy from a list of three qualified nominees submitted by the board of aldermen for the interim from the time of the occurrence of such vacancy until the person elected at such special election enters upon the duties of the office as a member of the board of aldermen. The persons so appointed or elected and qualified shall hold office until the expiration of said unexpired term and until his successor is elected and qualified. Page 2200 Section 4. Section 2 of an amendatory Act entitled An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28th, 1874, and the several acts amendatory thereof, and for other purposes., approved February 26, 1941 (Ga. L. 1941, p. 1057), relating to the filling of vacancies, is hereby stricken in its entirety. Section of 1941 Act repealed. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved February 21, 1964. TOWN OF SHARPSBURGCORPORATE LIMITS. No. 594 (House Bill No. 1251). An Act to amend an Act entitled An Act to create a new charter for the Town of Sharpsburg, in the County of Coweta, approved August 4, 1913 (Ga. L. 1913, p. 1153), so as to change the corporate limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create a new charter for the Town of Sharpsburg, in the County of Coweta, approved August 4, 1913 (Ga. L. 1913, p. 1153), is hereby amended by striking in its entirety section 2 and substituting in lieu thereof a new section 2 to read as follows: Section 2. Be it further enacted that the corporate limits of the Town of Sharpsburg shall be constituted as follows: Northern Half Using the center of a public well, which is located at the junction of Depot Street and Turrentine Road, as the Page 2201 point of beginning, and extending there through an east-west line for a distance of one-half mile to the east of said well, and one-half mile to the west of said well; the northern half of said city limits shall embrace all that territory included within a semicircle with a radius of one-half mile; using said east-west line as the base of said semicircle. Southern Half Using said well as a point of beginning and extending an east-west line there through for a distance of 1,605 feet to the east and 1,605 feet to the west; the southern half of said city limits shall embrace all that territory incorporated within a semicircle with a radius of 1,605 feet; using said east-west line as the bases of said semicircle. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice is hereby given that there will be introduced at the session of the General Assembly of Georgia which convenes on January 12, 1964, a local bill amending an Act approved on August 4, 1913 (Ga. L. 1913, p. 1153) entitled an Act to create a new charter of the Town of Sharpsburg, in the County of Coweta, and any Act amendatory thereof so as to enlarge and extend the corporate limits of the Town of Sharpsburg, in the County of Coweta, by the incorporation of additional and contiguous territory therein and for other purposes. This 31st day of December, 1963. Henry N. Payton, Representative, Coweta County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry N. Payton, who, on oath, deposes and says that he is Representative Page 2202 from Coweta County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Newnan Times Herald, which is the official organ of said county, on the following dates: Jan. 30, Feb. 6 and Feb. 13, 1964. /s/ Henry N. Payton, Representative, Coweta County. Sworn to and subscribed before me, this 14th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved February 21, 1964. TOWN OF TURINCORPORATE LIMITS. No. 595 (House Bill No. 1250). An Act to amend an Act entitled An Act to incorporate the Town of Turin, in the county of Coweta, to provide a government for the same, and for other purposes., approved December 27, 1890 (Ga. L. 1890-91, Vol. II, p. 629), so as to change the corporate limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the Town of Turin, in the county of Coweta, to provide a government for the same, and for other purposes., approved December 27, 1890 (Ga. L. 1890-91, Vol. II, p. 629), is hereby amended by striking from section I the following: one-half mile and substituting in lieu thereof the following: two thousand nine hundred seventy feet so that when so amended, section I shall read as follows: Page 2203 Section I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the Town of Turin, in the County of Coweta, be, and is, hereby incorporated, and that the corporate limits of said town shall extend two thousand nine hundred seventy feet in every direction from the railroad depot in said town. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice is hereby given that there will be introduced at the session of the General Assembly of Georgia which convenes on January 12, 1964, a local bill amending an Act approved December 27, 1890 (Ga. L. 1890-1, Vol. II, p. 629) entitled An Act to Incorporate the Town of Turin to provide a government for the same and for other purposes, and any Act amendatory thereof so as to enlarge and extend the corporate limits of the Town of Turin in the County of Coweta by the incorporation of additional and contiguous territory therein and for other purposes. This 31st day of December, 1963. Henry N. Payton, Representative, Coweta County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry N. Payton, who, on oath, deposes and says that he is Representative from Coweta County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Newnan Times Herald, which is the official organ of said county, on the following dates: Jan. 30, Feb. 6 and Feb. 13, 1964. /s/ Henry N. Payton, Representative, Coweta County. Page 2204 Sworn to and subscribed before me, this 14th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved February 21, 1964. TOWN OF TURINWATER SYSTEM. No. 596 (House Bill No. 1252). An Act to amend an Act entitled An Act to incorporate the Town of Turin, in the County of Coweta, to provide a government for the same, and for other purposes., approved December 27, 1890 (Ga. L. 1890-91, Vol. II, p. 629), so as to authorize the Town of Turin to acquire, operate and maintain a water system and plant; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the Town of Turin, in the county of Coweta, to provide a government for the same, and for other purposes., approved December 27, 1890 (Ga. L. 1890-91, Vol. II, p. 629), is hereby amended by adding between sections 5 and 6 a new section to be numbered section 5A and to read as follows: Section 5A. The Town of Turin is hereby granted authority to acquire, operate and maintain a water plant and system, both inside and outside its corporate limits, to fix the rates to be paid by the users of the water supplied by said system and to enact ordinances and pass rules and regulations governing the operation of said plant and system and the use of water therefrom. The powers and authority granted by this Act are cumulative and are in Page 2205 addition to any authority heretofore granted the Town of Turin either by general or special law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Amendment. Notice is hereby given that there will be introduced at the session of the General Assembly of Georgia which convenes on January 13, 1964, a local bill amending an Act approved December 27, 1890, (Ga. L. 1890-1, Vol. II, p. 629) entitled An Act to incorporate the Town of Turin in the County of Coweta to provide a government for the same and for other purposes, conferring power upon said city to operate and maintain a system of waterworks, to further authorize said city to construct and maintain its water pipes and mains outside of said city in the County of Coweta, and to furnish and sell water to public and private consumers living or located in the County of Coweta outside the corporate limits of said city. This 30th day of December, 1963. May W. Harris, City Clerk. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry N. Payton, who, on oath, deposes and says that he is Representative from Coweta County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Newnan Times Herald, which is the official organ of said county, on the following dates: Jan. 9, Jan. 16 and Jan. 23, 1964. /s/ Henry N. Payton, Representative, Coweta County. Page 2206 Sworn to and subscribed before me, this 14th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved February 21, 1964. CITY OF ATLANTATAX FOR CONSTRUCTION OF STADIUM. No. 599 (House Bill No. 1057). 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 further amended, as follows: Section 1. The language added by the Act approved March 3, 1962, (Ga. L. 1962, p. 2481) which reads as follows is stricken: One-half () of the one-half () mill tax authorized by this charter for the purpose of raising revenue for permanent improvements in the department of parks in the City of Atlanta shall, for the year 1961 through the year 1965, be used exclusively for improvements of the zoo located in Grant Park. Any sums not used in any one year for such purpose shall be converted into a trust fund to be held and expended for such purpose in future years. and the following is inserted: One-half () of the one-half () mill tax authorized by this charter for the purpose of raising revenue for permanent Page 2207 improvements in the department of parks in the City of Atlanta shall, for the year 1961 through the year 1965, be used exclusively for improvements of the zoo located in Grant Park. Any sums not used in any one year for such purpose shall be converted into a trust fund to be held and expended for such purpose in future years. Commencing with the year 1966 such one-half () of the said one-half () mill tax may, at the direction of the mayor and board of aldermen, be used for the purpose of constructing a stadium and related facilities in the City of Atlanta, or for the purpose of paying in whole, or in part, the obligation assumed by the City of Atlanta by contract now or hereafter entered into with any Authority now in existence or hereafter created which has agreed to construct a stadium and related facilities in the City of Atlanta. Section 2. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 3. 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 Atlanta intends to apply for the passage of local legislation at the 1964 session of the General Assembly of Georgia, which convenes on Monday, January 13, 1964, 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 2208 This 20th day of December, 1963. Henry L. Bowden, City Attorney, City of Atlanta. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wilson Brooks, who, on oath, deposes and says that he is Representative from Fulton County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of said county, on the following dates: January 6, 13 and 20th, 1964. /s/ Wilson Brooks, Representative, Fulton County. Sworn to and subscribed before me, this 6 day of Feb., 1964. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. Approved February 21, 1964. CITY OF TIFTONWATER AND SEWER LINES, REFERENDUM. No. 601 (House Bill No. 412). An Act to amend an Act repealing the charter then existing in the City of Tifton and providing for a new charter for said City of Tifton, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, so as to provide that the commissioners of said city shall have the power to place water pipes and sewer lines in the streets, alleys, and Page 2209 public roads; to provide that said commissioners shall have the power to assess abutting real estate for the purchase price of water pipes, sewers, and other materials; to provide for a method of collecting said assessments in the event of a refusal to pay; to define the powers of the commissioners relating to the supervision of said water pipes, sewers, and other materials relating thereto; to provide for the power of eminent domain; 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 repealing the charter then existing in the City of Tifton and providing for a new charter for said City of Tifton, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, is hereby amended by adding thereto a new section following section 62 to be numbered and known as Section 62A, and to read as follows: Section 62A. The commissioners of said city shall have the power and authority to purchase water pipes, sewers, sewer pipes and all materials used in connection therewith, and shall have the power and authority to place the same in the streets, alleys, lanes and sidewalks both within the said city and without the limits of the said city. In order to carry the above into effect the said commissioners shall have the power and authority to assess the costs of the purchase price of the water pipes, sewers and other materials used therewith upon the real estate abutting on the streets, alleys, lanes and sidewalks through and along which the same may be placed and constructed. The said city shall pay for the labor in the placing and the constructing of the same. The costs of purchasing the water pipes, sewers, sewer pipes and materials used in connection therewith for which abutting real estate is assessed under this section shall be provided for by ordinance and after the first reading of such an ordinance a notice of the same containing a statement of the line along which the proposed water pipe or sewer is to be laid and a statement of the costs of purchasing the same along with a statement of the general character, material and size of such shall be published two times in a Page 2210 daily newspaper of the said city. At least ten days must elapse between the last date said notice is published and the placing of such ordinance on second reading and the adoption of same, and such an ordinance may be adopted at the next meeting of the said commissioners, or at any subsequent meeting after said notice has been published. Substantial compliance with the above requirement as to notice shall be sufficient. Real estate abutting on each side of a street, alley, lane or sidewalk shall be assessed and shall pay one-half of the purchase price of the water pipes and materials used in connection therewith and/or the sewers and the materials used in connection therewith for the laying and placing of the same to the centers of the intersecting streets, alleys, lanes or sidewalks located next to the street, alley, lane or sidewalk through and along which the water pipes and materials used in connection therewith and/or sewers and the materials used in connection therewith are laid and placed. Each lot or parcel of land abutting upon a street, alley, lane or sidewalk shall be charged proportionately on the basis of lineal-foot frontage; provided, however, that the entire cost of extending the water pipes or sewers from the main water lines or main sewer lines to the property lines of abutting property shall be charged entirely to the lots or parcels of land abutting on that side of the street, alley, lane or sidewalk upon which the same are constructed; and provided, however, that in the event the grade of any parcel of real estate is such that the sewer line laid through and along a street, alley, lane or sidewalk upon which the same abutts will not serve the said parcel of real estate, then the same shall not be assessed but the entire assessment shall be made against the other real estate abutting on the street, alley, lane or sidewalk. The commissioners of said city shall have the power and authority to extend water pipes or sewers from the main lines to property lines after such main water and sewer lines are built, whenever it is proposed to improve the street along which the main water lines or sewer lines were originally laid so as to prevent the tearing up of the improvements in order that connections may be thereafter made and the purchase price of the water pipes and materials used in connection therewith and/or the sewers and materials used in connection therewith may be assessed entirely Page 2211 to the parcel of real estate abutting on that side of the street, alley, lane or sidewalk upon which the same are constructed. The amount of assessment on each piece of real estate shall be a lien on the same from the date of the passage of the ordinance providing for the laying and construction of the water pipes or sewers and making the assessment. If any property owner shall refuse after demand to pay such assessment, execution shall be issued by the clerk of said city against the real estate for the amount assessed which execution may be levied by the chief of police, any policeman or the municipal revenue collector on such real estate and the same shall be sold by the chief of police of said city or by the municipal revenue collector of said city before the door of the city hall of said city after advertising the sale once a week for four weeks in a daily newspaper published in said city. All sales as above provided for shall be at public outcry to the highest bidder and for cash, such sales vesting absolute title in the purchaser, and the said chief of police or the municipal revenue collector making such sales shall execute title to the purchaser and shall have the power to place the purchaser in possession of the property. The owner of real estate on which an execution is issued shall have the right to file his affidavit denying the whole or any part of the amount for which execution is issued and the affidavit shall be returned to the Superior Court of Tift County, Georgia and there tried and the issue determined as in cases of illegality provided for in the Georgia Code Annotated, subject to penalties provided for in said code in the event it should be determined that the affidavit of illegality was filed for the purposes of delay only. The said commissioners are authorized to extend the water mains or sewer lines without the limits of the said city under such rules, regulations and arrangements as they may see fit to establish. The commission shall have the further power and authority to repair, rebuild, maintain, and alter water mains or sewer lines on existing systems within and without the limits of the City of Tifton; provided, however, that no assessments shall be made for the purpose of repairing, rebuilding, maintaining, and altering water mains or sewer lines on the existing water or sewer system. Page 2212 Section 2. Said Act is further amended by adding thereto a new section following section 62A to be numbered and known as Section 62B, and to read as follows: Section 62B. The power of eminent domain is hereby conferred upon the City of Tifton, both within and without the said city, so that it may acquire lands, easements and any and all interest in real estate for the placing and construction of water mains, water pipes, sewers and sewer lines and for the construction, maintenance and operation of the water and sewer systems of said city. Eminent domain. Section 3. Not less than ten nor more than twenty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the commission of the City of Tifton to issue the call for an election for the purpose of submitting this Act to the voters of the City of Tifton for approval or rejection. The commission shall set the date of such election for a day not less than thirty nor more than sixty days after the date of the issuance of the call. The commission 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 Tifton. The ballot shall have written or printed thereon the words: For approval of the Act giving the Commissioners of the City of Tifton the power to place water pipes, sewer lines, and other materials in streets and alleys and assess and charge abutting property owners for the cost of materials. Referendum. Against approval of the Act giving the Commissioners of the City of Tifton the power to place water pipes, sewer lines, and other materials in streets and alleys and assess and charge abutting property owners for the cost of materials. 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 Page 2213 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 Tifton. It shall be the duty of the commission to hold and conduct such election. It shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the commission to canvass the returns and declare and certify the result of the election. It shall be its further duty to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for 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 Tifton so as to provide that the compensation being paid the five commissioners of said City be increased; to provide that the commissioners shall have the power to assess abutting real estate for the costs of placing water and sewer lines in the streets and public roads of said city; and for other purposes. This 31st day of December, 1962. Commissioners of the City of Tifton By E. M. Flowers, Chairman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. B. Allen, who, on oath, deposes and says that he is Representative from Tift County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Gazette Publishing Company, which is the official organ of said county, on the following dates: January 3, 10, 17, 1963. /s/ H. B. Allen Representative, Tift County Page 2214 Sworn to and subscribed before me, this 19th day of February, 1964. /s/ Kathryn Rule Notary Public. (Seal). Approved March 3, 1964. MACON COUNTYTAX RECEIVER PLACED ON SALARY BASIS. No. 604 (House Bill No. 713). An Act to provide that the tax receiver of Macon County be placed on a salary basis in lieu of a fee basis; to provide that all fees, commissions, and other compensations of any nature of the tax receiver shall be paid to the fiscal authority of said Macon County, Georgia; to provide an effective date; repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the tax receiver of Macon County, Georgia, which is now based on a fee system, or percentage system, or commissions, is hereby abolished, and said tax receiver shall hereafter be paid on a salary basis as herein provided. 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 services by the tax receiver shall be received and diligently collected by said tax receiver for the sole use of Macon County, or as otherwise provided by law, and shall be held as public monies belonging to the county fiscal authority in the same manner as now paid for all county tax collections. Placed on salary basis. Section 2. The tax receiver of Macon County shall receive a salary of thirty six hundred dollars ($3600.00) per Page 2215 annum, to be paid in equal monthly installments from the funds of Macon County. 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, Macon County. Personally appeared before me, the undersigned, duly authorized to administer oath, J. Paul Sinclair, who on oath, deposes and says that he is the Representative from Macon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Citizen and Georgian, which is the official organ of said county, on the following dates: December 19th, 1963, December 26th, 1963, and January 2nd, 1964. /s/ J. Paul Sinclair Representative, Macon County Sworn to and subscribed before me, this 3rd day of January, 1964. /s/ Caroline McLane Notary Public, Georgia, State at Large. My Commission expires Sept. 9, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1964, Session of the General Assembly of Georgia a Bill to place the tax receiver of Macon County on a salary basis in lieu of a fee basis; same to be effective January 1, 1965; said salary to be in the amount of thirty six hundred dollars ($3600.00) per annum; to provide the procedure connected therein; and for other purposes. Page 2216 This 16th day of December, 1963. /s/ J. Paul Sinclair Representative, Macon County Approved March 3, 1964. MACON COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 605 (House Bill No. 714). An Act to provide that the clerk of the superior court of Macon County be placed on a salary basis in lieu of a fee basis; to provide for a deputy clerk and the compensation for a deputy clerk; to provide that all fees and other compensation of the clerk shall be paid to the fiscal authority of Macon County; to provide for an effective date; to repeal conflicting laws; and other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the clerk of superior court of Macon County, which is now based on a fee system, is hereby abolished, and said clerk shall hereafter be paid a salary as herein provided. All fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind, as are now or may hereafter be allowed by law to be received or collected as compensation for service by the clerk, shall be received and diligently collected by him for the sole use of Macon County, and shall be held as public monies belonging to Macon County and accounted for and paid over to county fiscal authorities by the 10th day of each month for the immediately preceding month, at which time a detailed itemized statement shall be made by the clerk under oath showing such collections and the sources from which collected and the fiscal authority shall keep a separate account showing such collections and the services from which they are paid. Placed on salary basis. Page 2217 Section 2. The clerk of superior court of Macon County shall receive a salary of seventy three hundred dollars ($7300.00) per annum. Said salary shall be payable in equal monthly installments out of the county treasury. The salary provided for herein shall be the clerk of superior court's sole compensation, whether he be a clerk or an ex-officio of any other court or not. Salary. Section 3. The clerk of superior court of Macon County may employ one person for clerical help and such person shall also be designated as a deputy clerk of the superior court of Macon County, and any other court said clerical help, as deputy clerk, shall be paid a salary to be fixed by the board of commissioners and revenues, and shall be bonded as required by the board of commissioners of road and revenue. Deputy clerk. Section 4. The provisions of this Act shall become effective January 1, 1965. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Macon County. Personally appeared before me, the undersigned, duly authorized to administer oath, J. Paul Sinclair, who, on oath, deposes and says that he is the Representative from Macon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Citizen and Georgian, which is the official organ of said county, on the following dates: December 19th, 1963, December 26th, 1963, and January 2nd, 1964. /s/ J. Paul Sinclair Representative, Macon County Sworn to and subscribed before me, this 3rd day of January, 1964. /s/ Caroline McLane Notary Public, Georgia, State at Large. My Commission expires Sept. 9, 1964. (Seal). Page 2218 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1964, Session of the General Assembly of Georgia a Bill to place the clerk of the superior court of Macon County on a salary basis in lieu of a fee basis, same to be effective January 1, 1965; said salary to be in the amount of seventy three hundred dollars ($7300.00) per annum; to provide the procedure connected therein; and for other purposes. This 16th day of December, 1965. /s/ J. Paul Sinclair Representative, Macon County Approved March 3, 1964. MACON COUNTYCORONER PLACED ON SALARY BASIS. No. 606 (House Bill No. 715). An Act to place the coroner of Macon County on a monthly salary in lieu of the fee system of compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. In lieu of all fees, costs, perquisites and emoluments of whatever kind and nature now and hereafter allowed by the law to coroners for service as such; the coroner of Macon County is hereby placed on a salary basis of twenty five dollars ($25.00) per month, said salary to be paid out of the funds of Macon County. Section 2. The provisions of this Act shall become effective January 1, 1965. Page 2219 Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Macon County. Personally appeared before the undersigned, duly authorized to administer oath, J. Paul Sinclair, who, on oath, deposes and says that he is the Representative from Macon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Citizen and Georgian, which is the official organ of said county, on the following dates: December 19th, 1963, December 26th, 1963, and January 2nd, 1964. /s/ J. Paul Sinclair Representative, Macon County Sworn to and subscribed before me, this 3rd day of January, 1964. /s/ Caroline McLane Notary Public, Georgia, State at Large. My Commission expires Sept. 9, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1964, Session of the General Assembly of Georgia a Bill to place the coroner of Macon County on a salary basis in lieu of a fee basis, same to be effective January 1, 1965; said salary to be in the amount of three hundred dollars ($300.00) per annum; to provide the procedure connected therein; and for other purposes. This 16th day of December, 1963. /s/ J. Paul Sinclair Representative, Macon County Approved March 3, 1964. Page 2220 MACON COUNTYSHERIFF PLACED ON SALARY BASIS. No. 607 (House Bill No. 716). An Act to provide that the sheriff of Macon County be placed on a salary basis in lieu of a fee basis; to provide for a deputy and his compensation; to provide that all fees, commissions and other compensations of the sheriff shall be paid to the fiscal authority of said Macon County, Georgia; to provide for a radio equipped automobile; 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 Macon County, Georgia, which is now based on a fee system, is hereby abolished, and he shall hereafter be paid a salary as herein provided. All fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind, as are now or may hereafter be allowed by law to be received or collected as compensation for services by the sheriff, shall be received and diligently collected by him for the sole use of Macon County, and shall be held as public monies belonging to Macon County and accounted for and paid over to the county fiscal authority by the 10th day of each month for the immediately preceding month, at which time a detailed itemized statement shall be made by the Sheriff under oath showing such collections and the sources from which collected, and the fiscal authority of Macon County shall keep a separate account showing such collections and the sources from which they are paid. Placed on salary basis. Section 2. The sheriff of Macon County shall receive a salary of seventy two hundred dollars ($7200.00) per annum, to be paid in equal monthly installments from the funds of Macon County. In addition to the salary above described the sheriff shall be allowed to retain all costs paid by the county for the board of county prisoners, including any profit after the amount necessarily spent for said board, as compensation for acting as county jailer. Salary. Page 2221 Section 3. The sheriff of Macon County may employ one deputy, whose salary shall be fixed by the board of commissioners of roads and revenues of Macon County. Said county shall also furnish and maintain one short wave radio equipped automobile for the use of the sheriff, and/or deputy sheriff, of Macon County. Deputy sheriff, etc. Section 4. The provisions of 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 of Intention to Introduce Local Legislation. Notice of Intention to Introduce Local Legislation is hereby given that there will be introduced at the January, 1964, Session of the General Assembly of Georgia a Bill to place the sheriff of Macon County on a salary basis in lieu of a fee basis, same to be effective January 1, 1965; said salary to be in the amount of seventy two hundred dollars ($7200.00) per annum; to provide the procedure connected therein; and for other purposes. This 16th day of December, 1963. /s/ J. Paul Sinclair Representative, Macon County Georgia, Macon County. Personally appeared before me, the undersigned, duly authorized to administer oath, J. Paul Sinclair, who, on oath, deposes and says that he is the Representative from Macon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Citizen and Georgian, which is the official organ of said county, on the following dates: December 19th, 1963, December 26th, 1963, and January 2nd, 1964. /s/ J. Paul Sinclair Representative, Macon County Page 2222 Sworn to and subscribed before me, this 3rd day of January, 1964. /s/ Caroline McLane Notary Public, Georgia, State at Large. My Commission expires Sept. 9, 1964. (Seal). Approved March 3, 1964. MACON COUNTYTAX COLLECTOR PLACED ON SALARY BASIS. No. 608 (House Bill No. 717). An Act to provide that the tax collector of Macon County be placed on a salary basis in lieu of a fee basis; to provide that all fees, commissions, and other compensations of any nature heretofore paid to the tax collector shall be paid to the fiscal authority of said Macon County, Georgia; to provide an effective date; repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the tax collector of Macon County, Georgia, which is now based on a fee system or percentage system, or commissions, is hereby abolished, and said tax collector shall hereafter be paid on a salary basis as herein provided. All fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisities of whatever kind, as are now or may be hereafter be allowed by law to be received or collected as compensation for services by the tax collector shall be received and diligently collected by said tax collector for the sole use of Macon County, and shall be held as public monies belonging to the county fiscal authority in the same manner as now paid for all county tax collections. Placed on salary basis. Section 2. The tax collector of Macon County shall receive a salary of sixty eight hundred dollars ($6800.00) Page 2223 per annum, to be paid in equal monthly installments from the funds of Macon County. 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, Macon County. Personally appeared before me, the undersigned, duly authorized to administer oath, J. Paul Sinclair, who, on oath, deposes and says that he is the Representative from Macon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Citizen and Georgian, which is the official organ of said county, on the following dates: December 19th, 1963, December 26th, 1963, and January 2nd, 1964. /s/ J. Paul Sinclair Representative, Macon County Sworn to and subscribed before me, this 3rd day of January, 1964. /s/ Caroline McLane Notary Public, Georgia, State at Large. My Commission expires Sept. 8, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1964, Session of the General Assembly of Georgia a Bill to place the tax collector of Macon County on a salary basis in lieu of a fee basis; same to be effective January 1, 1965; said salary to be in the amount of sixty eight hundred dollars ($6800.00) per annum; to provide the procedure connected therein; and for other purposes. Page 2224 This 16th day of December, 1963. /s/ J. Paul Sinclair Representative, Macon County Approved March 3, 1964. CITY COURT OF OGLETHORPESOLICITOR PLACED ON SALARY BASIS. No. 609 (House Bill No. 719). 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), an Act approved December 12, 1953 (Ga. L. 1953, p. 2498), and an Act approved April 2, 1963, (Ga. L. 1963, p. 2697), so as to change the basis of the compensation of the solicitor of the City Court of Oglethorpe from a fee basis to a salary basis; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a City Court of 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), an Act approved December 12, 1953 (Ga. L. 1953, p. 2498), and an Act approved April 2, 1963, (Ga. L. 1963, p. 2697), is hereby amended by striking from section 8 of said Act, as amended, the words: The fees for such solicitor shall be the same as are now provided for solicitor-general of the superior courts of this; and inserting in lieu thereof the following words The solicitor of said court shall be compensated on a salary basis, said salary to be in the sum of thirty six hundred dollars ($3600.00), per annum which Page 2225 said sum shall be paid in equal monthly installments out of the treasury of said County of Macon; so that said section when so amended shall read as follows: Section 8. Be it further enacted, That any person who shall be elected Solicitor of said court must, at the time of such election, be at least twenty-three years of age; must be a resident of the County of Macon, and must also have been a practicing attorney-at-law for at least two years before this election. The solicitor of said court shall be compensated on a salary basis, said salary to be in the sum of thirty six hundred dollars ($3600.00), per annum, which said sum shall be paid in equal monthly installments out of the treasury of said County of Macon; and it shall be the duty of each solicitor to represent the State in the Supreme Court on all writs of error from said court, for which service he shall be paid out of the treasury of the State the same sums paid solicitors-general for similar services, plus travel expenses to be paid by Macon County. Said solicitor, before entering on the duties of his office, shall give bond with good security in the sum of five hundred dollars ($500.00) conditioned for the faithful discharge of the duties of his office, and shall take and subscribe, in addition to the oath required of all civil officers, the following oath: I do swear that I will faithfully and impartially and without fear, favor or affection, discharge my duties as Solicitor of the City Court of Oglethorpe; so help me God. Said bond shall be payable to the Governor, shall be approved by the judge of the city court and shall, together with said oath, be entered on the minutes of said court by the clerk, and may be sued on by any persons interested. If, for any reason, said solicitor shall fail or be disqualified to act in any case, or there shall be a vacancy in said office, the court shall appoint a solicitor pro tem. Section 2. The provisions of this amendment to this Act shall become effective January 1st, 1965. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2226 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1964, Session of the General Assembly of Georgia a Bill to place the solicitor, City Court of Oglethorpe of Macon County on a salary basis in lieu of a fee basis, same to be effective January 1, 1965; said salary to be in the amount of thirty six hundred dollars ($3600.00) per annum; to provide the procedure connected therein; and for other purposes. This 16th day of December, 1963. /s/ J. Paul Sinclair Representative, Macon County Georgia, Macon County. Personally appeared before me, the undersigned, duly authorized to administer oath, J. Paul Sinclair, who, on oath, deposes and says that he is the Representative from Macon County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Citizen and Georgia, which is the official organ of said county, on the following dates: December 19th, 1963, December 26th, 1963, and January 2nd, 1964. /s/ J. Paul Sinclair Representative, Macon County Sworn to and subscribed before me, this 3rd day of January, 1964. /s/ Caroline McLane Notary Public, Georgia, State at Large. My Commission expires Sept. 9, 1964. (Seal). Approved March 3, 1964. Page 2227 ATKINSON COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 611 (House Bill No. 754). An Act to amend an Act creating the office of tax commissioner of Atkinson County, approved March 11, 1943 (Ga. L. 1943, p. 827), as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2588), and an Act approved February 14, 1958 (Ga. L. 1958, p. 2062), so as to change the compensation of said tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Atkinson County, approved March 11, 1943 (Ga. L. 1943, p. 827), as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2588), and an Act approved February 14, 1958 (Ga. L. 1958, p. 2062), is hereby amended by striking from section 6 the words and figures: two hundred ($200.00) dollars, and substituting in lieu thereof the words and figures: two hundred twenty-five ($225.00) dollars, so that when so amended section 6 shall read as follows: Section 6. That from and after the first day of February, 1953, and on the first day of each month thereafter, the commissioner of roads and revenues of Atkinson County shall pay to the tax commissioner by voucher the sum of two hundred twenty-five ($225.00) dollars per month; and from this sum so received said tax commissioner shall pay all clerical hire and all expenses of the office, except postage, stationery and printing. Section 2. This Act shall become effective on the first day of the month immediately following the date of its approval by the Governor, or after it otherwise becomes law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2228 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1964 Session of the General Assembly of Georgia, a bill to change the compensation of the tax commissioner of Atkinson County; and for other purposes. This 11th day of December, 1963. Waldo Henderson Representative, Atkinson County. Senator Talmadge McKinnon Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Waldo Henderson, who, on oath, deposes and says that he is Representative from Atkinson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Atkinson County Citizen, which is the official organ of said County, on the following dates: December 19 26, 1963, January 2, 1964. Waldo Henderson Representative, Atkinson County. Sworn to and subscribed before me, this 15th day of January, 1964. /s/ Patty Sue Hurst Notary Public. (Seal). Approved March 3, 1964. Page 2229 CITY OF SMITHVILLEHOURS OF HOLDING ELECTIONS. No. 612 (House Bill No. 776). An Act to amend an Act providing for a charter for the City of Smithville, approved December 11, 1901 (Ga. L. 1901, p. 633), as amended by an Act approved August 12, 1914 (Ga. L. 1914, p. 1182), and an Act approved August 18, 1919 (Ga. L. 1919, p. 1314), so as to provide the hours during which the polls for elections shall be open in said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a charter for the City of Smithville, approved December 11, 1901 (Ga. L. 1901, p. 633), as amended by an Act approved August 12, 1914 (Ga. L. 1914, p. 1182), and an Act approved August 18, 1919 (Ga. L. 1919, p. 1314), is hereby amended by striking from section 6 the following, and the polls at every such election shall be opened at 9 o'clock a. m. and closed at 4 o'clock p. m., and inserting in lieu thereof the following, and the polls for all general, special and primary elections shall be opened at 7 o'clock a. m. and be closed at 7 o'clock p. m., according to the legal time prevailing in the State of Georgia., so that when so amended section 6 shall read as follows: Section 6. Be it further enacted, That the mayor and city council of Smithville shall, by ordinance, prescribe one or more voting places, or election precincts, within said city, and the polls for all general, special and primary elections shall be opened at 7 o'clock a. m. and be closed at 7 o'clock p. m., according to the legal time prevailing in the State of Georgia. The person or persons receiving the highest number of votes cast at such election for mayor, aldermen, clerk and treasurer, respectively, shall be declared elected. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2230 Notice of Local Legislation. There will be introduced for passage at the January-February, 1964 session of The General Assembly of Georgia, a Local Bill, affecting the City of Smithville, the caption of which is as follows: An Act to amend an Act to incorporate the City of Smithville, approved December 11, 1901 (Georgia L. 1901, pages 633-646), so as to provide that the polls for all General, Special, and Primary Elections shall be open from 7:00 o'clock a.m. be closed at 7:00 o'clock p.m., according to the legal time prevailing in the State of Georgia; to repeal conflicting laws, and for other purposes. Mayor and City Council of City of Smithville By Dorothy Mays, City Clerk Nov. 29, Dec. 6, 13, 1963. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Goodwin Hall, who, on oath, deposes and says that he is Representative from Lee County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Albany Herald, which is the official organ of said county, on the following dates: Nov. 29, Dec. 6, Dec. 13, 1963. /s/ H. Goodwin Hall Representative, Lee County Sworn to and subscribed before me, this 20 day of January, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved March 3, 1964. Page 2231 TATTNALL COUNTYRECORDING OF FAMILY HISTORIES. No. 613 (House Bill No. 781). An Act to provide, in Tattnall County, for the recording, keeping and preservation of family histories, of people of that county; to require the ordinary of said county to keep a book for that purpose, to require said ordinary to record and index family sketches, not exceeding 600 words each; to provide for the buying and paying therefor of said book or books by said county; to provide fees to be charged by the ordinary for his service; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established in Tattnall County, Georgia, a book record of the history of such families, some member of which is now living in said county or who formerly lived there, as may desire to avail themselves of the privileges and benefits of this law. There shall be kept in the office of ordinary of said county, a large size loose leaf book, with numbered pages, which shall be furnished and paid for by said county, and it shall be the duty of the said ordinary to record in said book, a family sketch of not more than 600 words, of any family presenting same, and index such recording. He shall be paid a fee of five ($5.00) dollars for his services in recording and indexing each sketch. He is not required to make such recording, unless his fee is paid in advance. Such sketches shall be prepared by anyone interested and filed with the ordinary for record. Said ordinary shall certify near the bottom of each page his recording of same, the date of the record and, near the top of each page shall be a heading designating the name of said family. Said book shall be a public record, open for inspection, as other records, and on the outside cover of said book shall be printed Sketches of Family History. Only one sketch can be recorded on one page. Page 2232 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 at the January, 1964 session of the General Assembly of Georgia, a Bill will be introduced, and passage sought of it, providing for the requiring the ordinary of Tattnall County, Georgia, to record in and keep a family record book for the recording of such family sketches, as anyone desires, and for a payment of a fee for the same, and for other purposes. This December the 3rd, 1963. J. T. Grice Georgia, Tattnall County. In person appeared before the undersigned attesting officer, Russell B. Rhoden, who says on oath that he is publisher of the Tattnall Journal, the official organ of said County, and that the above is a true and correct copy of a notice which was published in said newspaper on December the 5th, December the 12th, December the 19th, and on December the 26th, 1963. /s/ Russell B. Rhoden Sworn to and subscribed before me, this 14 day of January, 1964. /s/ J. T. Grice Notary Public. (Seal). Approved March 3, 1964. Page 2233 CITY OF SAVANNAHCORPORATE LIMITS. No. 614 (House Bill No. 782). An Act to amend the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah so as to extend the corporate limits of the City of Savannah; to provide for the severability of any provision or provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act the 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 Hunter Air Force Base north of a projection of the northern right-of-way line of the Buckhalter Road and bounded on the north by the present corporate limits, on the south by a projection westwardly of the northern right-of-way line of the Buckhalter Road, on the west by the western boundary line of Hunter Air Force Base and on the east by the eastern boundary line of Hunter Air Force Base. 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2234 State of Georgia, Chatham County. Personally appeared before me Lloyd G. Eder to me known, who being by me sworn, deposes and says: That he is the vice president of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press; That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That said newspaper is of general circulation in said county and in the area adjacent thereto and is the newspaper designated and customarily used by the Sheriff of Chatham County for the publication of advertisements and by the other officials and official bodies of and in said county for the publication of notices required by law: That he is authorized to make affidavits of publication on behalf of said published corporation and that the following advertisement, to-wit: State of Georgia, County of Chatham: Notice of Intention to Apply for Local Legislation. 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 improvements against the abutting real estate; to amend the police jurisdiction; to amend the act approved February 19, 1951 (Ga. L. 1951, p. 2539) by striking certain sections therefrom; to otherwise amend the laws constituting the charter of the mayor and aldermen of the City of Savannah and for other purposes. James B. Blackburn City Attorney Page 2235 has been published in said Savannah Evening Press once a week for 3 weeks to-wit: in the regular issues of December 23, 30, 1963, January 6, 1964. /s/ Lloyd G. Eder (Deponent) Sworn to and subscribed before me, this 14 day of January, 1964. /s/ Eleanor T. Carriere Notary Public, Chatham County, Ga. (Seal). Approved March 3, 1964. CITY OF LAGRANGECORPORATE LIMITS. No. 616 (House Bill No. 789). An Act to amend an Act creating a new charter for the City of LaGrange, in the County of Troup, approved December 16, 1901 (Ga. L. 1901, p. 477), as amended, particularly by an Act approved August 18, 1917 (Ga. L. 1917, p. 705), an Act approved February 16, 1943 (Ga. L. 1943, p. 1423), an Act approved January 31, 1950 (Ga. L. 1950, p. 2024), an Act approved March 5, 1959 (Ga. L. 1959, p. 2156), and an Act approved February 14, 1961 (Ga. L. 1961, p. 2043), so as to increase the corporate limits of the City of LaGrange; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of LaGrange, in the County of Troup, approved December 16, 1901 (Ga. L. 1901, p. 477), as amended, particularly by an Act approved August 18, 1917 (Ga. L. 1917, p. 705), an Act approved February 16, 1943 (Ga. L. 1943, p. 1423), an Act approved January 31, 1950 (Ga. L. 1950, p. 2024), an Act approved March 5, 1959 (Ga. L. 1959, p. 2156), and an Page 2236 Act approved February 14, 1961 (Ga. L. 1961, p. 2043), is hereby amended by adding after section 3-B a new section to be known as section 3-C, to read as follows: Section 3-C. In addition to the property heretofore included in the corporate limits of the City of LaGrange, Troup County, Georgia, the corporate limits shall be extended so as to include the following described three tracts of real property: Tract 1 .: All that tract or parcel of land lying and being in land lots 74, 75 and 87 of the sixth land district of Troup County, Georgia, containing 42.6033 acres, more or less, being adjacent to the existing corporate limits of the City of LaGrange, and being more particularly described as follows: Starting at a point, said point being at the intersection of the arc of the curve forming the present city limits of the City of LaGrange and the northern boundary of U. S. Highway No. 29, said point having coordinates N 1,111,572.37E 244,124.21 based on the plane coordinate system of Georgia and being marked by a concrete monument; running thence N 71 07[UNK] 14[UNK] E and along the northern boundary of U. S. Highway No. 29 for a distance of 34.62[UNK] to a concrete monument marking the point of curvature of a curve; running thence along the northern boundary of U. S. Highway No. 29 and the arc of a curve having an arc length of 544.05[UNK], a chord distance of 542.12[UNK], a central angle of 16 56[UNK] 16[UNK] and a radius of 1,840.56[UNK] to a concrete monument marking the point of tangency of the aforedescribed curve; running thence N 54 10[UNK] 58[UNK] E and along the northern boundary of U. S. Highway No. 29 for a distance of 1,014.06[UNK] to a point of curvature; running thence along the northern boundary of U. S. Highway No. 29 and the arc of a curve, said curve having an arc length of 755.33[UNK], a chord distance of 745.15[UNK], a central angle of 33 07[UNK] 27[UNK] and a radius of 1,307.07[UNK] to a point of tangency; running thence N 87 18[UNK] 25[UNK] E and along the northern boundary of U. S. Highway No. 29 for a distance of 154.19[UNK] to a point, said point being marked by a concrete monument and having coordinates N 1,112,679.02 - E 246,318.28 based on a plane coordinate system of Georgia; running thence S O 56[UNK] 12[UNK] and across U. S. Highway No. 29 for a distance Page 2237 of 60.03[UNK] to a point; running thence S O 56[UNK] 12[UNK] E and along the property of Dunson Mill for a distance of 1,017.36[UNK] to a point, said point being marked by a concrete monument and having coordinates of N 1,111,601.64 - E 246,301.45 based on the plane coordinate system of Georgia; running thence N 89 08[UNK] 44[UNK] W and along the property line of Dunson Mill and the recognized southern boundary line of land lot 75 of the sixth land district of Troup County for a distance of 1,443.18[UNK] to a point, said point being marked by a concrete monument and having coordinates N 1,111,623.16 - E 244,858.43 based on the plane coordinate system of Georgia and being the recognized southwest corner of land lot #75; running thence S 0 13[UNK] 34[UNK] W and along the property line of Dunson Mills for a distance of 1,519.69[UNK] to a point, said point being marked by a concrete monument and being the southeast corner of the Sanford Dunson Foundation property; running thence N 89 08[UNK] 44[UNK] W and along the southern boundary of the Sanford Dunson Foundation property for a distance of 42.29[UNK] to a point, said point being the intersection of the southern boundary of the Sanford Dunson Foundation property and the arc of the present city limits of the City of LaGrange and having coordinates N 1,110,104.11 - E 244,810.14 of the plane coordinate system of Georgia; running thence in a northwesterly direction and along the arc of the curve forming the present city limits of the City of LaGrange, said curve having an arc length of 1,623.74[UNK], a chord distance of 1,620.58[UNK], a central angle of 8 48[UNK] 06[UNK] and a radius of 10,560.00[UNK] (two miles) to the point of beginning of the herein described property. Said property is further described by a plat of survey prepared by S. L. White, in November, 1963, which plat is recorded in plat book 9, page 145 in the office of the clerk of the superior court of Troup County, Georgia. The lines, metes, bounds and distances appearing thereon are adopted and made a part of this description as if set forth herein. Tract 2 .: All that tract or parcel of land lying and being in land lot 120 of the sixth land district of Troup County, Georgia, containing 2.1958 acres, more or less, and being Page 2238 adjacent to the present corporate limits of the City of LaGrange and more particularly described as follows: Starting at a point, said poing being at the intersection of the present city limits of the City of LaGrange and the Eastern boundary of Poplar Circle and having coordinates of N - 1, 104, 055.47 E - 245,523.85 based on the plane coordinate system of Georgia, running thence N 15 15[UNK] 25[UNK] W and along the eastern boundary of Poplar Circle and the present city limits of the City of LaGrange for a distance of 426.00[UNK] to a point; running thence N 15 54[UNK] 25[UNK] W and along the Eastern boundary of Poplar Circle and the present city limits of the City of LaGrange for a distance of 224.34[UNK] to a point; said point being in the arc of a curve forming the present city limits of the City of LaGrange and having coordinates of N - 1,104,682.21 - E - 245,350.26, based on the plane coordinate system of Georgia; running thence in a southwesterly direction and along the arc of a curve forming the present city limits of the City of LaGrange; said curve having a central angle of 3 33[UNK] 18[UNK], a radium of 10,560.00[UNK], a chord distance of 655.09[UNK] and an arc distance of 655.31[UNK] to a point; said point having coordinates of N - 1,104,039.24 - E 245,224.85 based on the plane coordinate system of Georgia; running thence N - 86 53[UNK] 40[UNK] E for a distance of 299.44[UNK] to the point of beginning. Said property is further described by a plat of survey prepared by S. L. White, in December, 1963, which plat is recorded in plat book 9, page 144 in the office of the clerk of the superior court of Troup County, Georgia. The lines, metes, bounds and distances appearing thereon are adopted and made a part of this description as if set forth herein. Tract 3 .: All that tract or parcel of land lying and being in land lot 113 of the sixth land district of Troup County, Georgia, containing 2.06 acres, more or less, and being adjacent to the present corporate limit of the City of LaGrange and more particularly described as follows: Starting at a point, said point being at the intersection of the south boundary of U. S. Highway No. 29 (State route #14 known as Vernon Road) and the arc of a curve Page 2239 forming the city limits of the City of LaGrange, said point having coordinates of N 1,103,395.90 - E 224,798.58 based on the plane coordinate system of Georgia; running thence N 73 19[UNK] 40[UNK] W and along the southern boundary of U. S. Highway No. 29 for a distance of 166.24[UNK] to a point, said point being at the intersection of the southern boundary of U. S. Highway No. 29 and the western boundary of the Atlantic Coast Line Railroad right-of-way and being the northeast corner of the Traylor property; running thence N 73 19[UNK] 40[UNK] W and along the southern boundary of U. S. Highway No. 29 for a distance of 142.60[UNK] to a point, said point being at a point of curvature; running thence along the arc of a curve forming the southern boundary of U. S. Highway No. 29, said curve having a radius of 606.79[UNK], a central angle of 4 09[UNK] 20[UNK], and a chord distance of 44[UNK] and an arc distance of 44.01[UNK] to a point, said point having coordinates of N - 1,103,495.59 - E 224,460.14 based on the plane coordinate system of Georgia; running thence S 7 27[UNK] 20[UNK] W for a distance of 67.69[UNK] to a point; running thence S 78 38[UNK] 15[UNK] E for a distance of 14.00[UNK]; running thence S 13 27[UNK] 50[UNK] E for a distance of 103.64[UNK] to a point; running thence S 77 49[UNK] 49[UNK] W for a distance of 100.00[UNK] to a point, said point being in the eastern boundary of Kight Drive and having coordinates of N 1,103,303.84 - E 224,391.47 based on the plane coordinate system of Georgia; running thence S 12 02[UNK] 58[UNK] E - and along the eastern boundary of Kight Drive for a distance of 100.00[UNK] to a point, said point having coordinates of N 1,103,206.21 - E 224,412.31 based on the plane coordinate system of Georgia; running thence N 79 07[UNK] 55[UNK] E for a distance of 237.00[UNK] to a point running thence S 11 33[UNK] 55[UNK] E for a distance of 100.00[UNK] to a point; said point having coordinates of N 1,103,153.06 - E 224,665.73 based on the plane coordinate system of Georgia; running thence N 79 07[UNK] 55[UNK] E for a distance of 199.30[UNK] to a point, said point being on the arc of a curve forming the city limits of the City of LaGrange and having coordinates of N 1,103,190.64 - E 224,861.46 based on the plane coordinate system of Georgia; running thence in a northerly direction and along the arc of a curve forming the city limits, said curve having a radius of 10,560.00[UNK] a central angle of 1 09[UNK] 54[UNK], a chord distance of 214.68[UNK] and an arc distance of 215.06[UNK] to the point of beginning. Page 2240 Said property is further described by a flat of survey prepared by S. L. White, in December, 1963, which plat is recorded in plat book 9, page 143 in the office of the clerk of superior court of Troup County, Georgia. The lines, metes, bounds and distances appearing thereon are adopted and made a part of this description as if set forth herein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. State of Georgia, Troup County. Personally before the undersigned officer duly authorized to administer oaths appeared Glen O. Long, who on oath deposes and states that he is publisher of the LaGrange Daily News, a newspaper in which sheriff's advertisements for Troup County, Georgia are published; that the advertisement Notice of Intention to Introduce Local Legislation, which is hereinafter set forth, was duly published in said newspaper on the dates of December 27, 1963, January 3, 1964 and January 10, 1964. /s/ Glen O. Long Publisher Sworn to and subscribed to before me, on this the 10th day of January, 1964. /s/ Katherine McCoy Notary Public, Troup County, Georgia. My Commission expires February 4, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January/February, 1964 Regular Session of the General Assembly of Georgia, to-wit: An Act to amend the charter of the City of LaGrange approved December 16, 1901, as amended, so as to extend Page 2241 the corporate limits of the City of LaGrange beyond the limits as now defined, to include 2.1958 acres, more or less, lying in land lot 120 of the sixth land district of Troup County, Georgia, adjacent to Poplar Circle; an area of 42.6033 acres, more or less, adjacent to U. S. Highway No. 29, also known as the Hogansville Road; and an area of 2.06 acres, more or less, adjacent to U. S. Highway No. 29, also known as the West Point Road, and for other purposes. This the 27th day of December, 1963. Mayor and Council of the City of LaGrange /s/ James R. Lewis, City Attorney. Approved March 3, 1964. RABUN COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 617 (House Bill No. 812). An Act to abolish the present mode of compensating the clerk of the superior court of Rabun County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs, and other emoluments accruing to the clerk shall become the property of the county, with certain exceptions; to provide for the collection of all such fees, costs, and emoluments; to provide for the payment of operating expenses of the clerk's office; to provide for the employment of secretarial help; to provide for the compensation of such personnel; 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 present mode of compensating the clerk of the superior court of Rabun County, known as the fee Page 2242 system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Placed on salary basis. Section 2. The clerk of the superior court of Rabun County shall receive an annual salary of $6,000.00, payable in equal monthly installments from the funds of Rabun County. Salary. Section 3. After the effective date of this Act, said clerk shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies, and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in his respective office, and shall receive and hold the same in trust for said county as public monies, except for such insolvent costs and fees which have accrued to the clerk but have not been collected prior to the effective date of this Act, and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the clerk shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by said officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. The clerk of the superior court is authorized to employ a secretary to assist him in typing and routine stenographic duties of his office, under the clerk's supervision. Such secretary shall be compensated in the sum of $200.00 per month, payable from the funds of Rabun County. Secretary. Section 5. All expenses incurred by the clerk in operating and discharging the official duties of his office, including but not limited to, office equipment, supplies, fixtures, and utility expenses shall be paid by the county from county funds, provided such expenditures are first approved by the governing authority of the county. Expenses. Page 2243 Section 6. The provisions of this Act shall become effective January 1, 1965. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. In accordance with recommendation of the August Term, 1963, grand jury; Notice is hereby given that there will be introduced at the January 1964 Session of the General Assembly of Georgia, a bill to place the clerk of the superior court of Rabun County on annual salary in lieu of the fee system; to provide for the collection of all fees and costs accruing to the office of clerk; to provide for payment of the operating expenses of the clerk's office; to provide for the employment of secretarial help and their compensation; to provide the precedure connected therewith; to provide an effective date; and for other purposes. This 28th day of December, 1963. /s/ Knox Bynum, Representative, 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 2, 9, and 16, 1964. /s/ Knox Bynum, Representative, Rabun County. Page 2244 Sworn to and subscribed before me, this 20th day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 3, 1964. VILLAGE OF EAST THOMASTONCORPORATE LIMITS. No. 618 (House Bill No. 815). An Act to amend the Acts approved August 16, 1909, August 9, 1920, August 6, 1927, July 27, 1929, March 15, 1937, and February 3, 1955, incorporating the Village of East Thomaston in Upson County, Georgia, as amended, by reducing the corporate limits of said village and to repeal so much of said Acts as embrace property which is by this Act excluded; 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 corporate limits of the Village of East Thomaston, in Upson County, Georgia, shall be, and the same are hereby, reduced as follows: By removal from said corporate limits of said village and beyond said corporate limits as they shall be constituted after the passage of this Act, the following described tract of land now within the corporate limits of said village: Beginning at a point 3,960 feet north 88 degrees 18 minutes 17.4 seconds east (which is the same as a magnetic bearing of north 86 degrees and 50 minutes east) of the center of the three-quarter mile radius circle bounding the original corporate limits of the City of Thomaston, Georgia, and running thence south 88 degrees 31 minutes 42.6 seconds east a distance of 1,113.52 feet to the Page 2245 true point of beginning of the tract of land herein described and excluded from said corporate limits; run thence from said true point of beginning south 88 degrees 31 minutes 42.6 seconds east a distance of 593.22 feet; run thence north 0 degrees 53 minutes 41 seconds west a distance of 892.63 feet; run thence north 89 degrees 24 minutes 25 seconds west a distance of 790.69 feet; run thence north 31 degrees 48 minutes 30 seconds west a distance of 651.46 feet; run thence south 76 degrees 07 minutes 22 seconds west a distance of 431.08 feet; run thence south 15 degrees 58 minutes 05 seconds east a distance of 109.72 feet; run thence south 81 degrees 08 minutes 14 seconds west a distance of 60.01 feet; run thence north 15 degrees 56 minutes 02 seconds west a distance of 104.48 feet; run thence south 76 degrees 07 minutes 22 seconds west a distance of 571.44 feet; run thence south 37 degrees 09 minutes 34 seconds east a distance of 276.47 feet; run thence south 35 degrees 48 minutes 32 seconds east a distance of 19.87 feet; run thence south 32 degrees 20 minutes 50 seconds east a distance of 18.47 feet; run thence south 26 degrees 27 minutes 02 seconds east a distance of 8.27 feet; run thence north 74 degrees 35 minutes 35 seconds east a distance of 145.29 feet to the three-quarter mile radius circle which is the original corporate limits of the City of Thomaston, Georgia; run thence in a southerly direction along the arc of said three-quarter mile radius circle of the original corporate limits of said City of Thomaston, Georgia, a distance of 470.566 feet; run thence south 89 degrees 47 minutes 59.4 seconds east a distance of 1110.28 feet; run thence south 5 degrees 13 minutes 12.6 seconds east a distance of 501.70 feet to said true point of beginning. The bearings called for in the above description are bearings related to true north as determined by solar observation unless in the context thereof magnetic north bearings are specifically stated. Section 2. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the jurisdiction, authority, ordinances, rules and regulations of the said Village of East Thomaston shall not extend to nor apply to the said territory described in section 1 above. Page 2246 Section 3. Be it further enacted by the authority aforesaid, that so much of the above recited Acts approved August 16, 1909, August 9, 1920, August 6, 1927, July 27, 1929, March 15, 1937, and February 3, 1955, incorporating said Village of East Thomaston, not in conflict with this Act, is not intended to be repealed, but same shall remain in force, but so far as said Acts are in conflict with this Act, the same are hereby repealed. Intent. Section 4. A copy of the notice of intention to apply for this local legislation and the certificate of the publisher are attached hereto and made a part of this bill and it is hereby declared by the authority aforesaid that all of the requirements of the Constitution of the State of Georgia relating to the notice of intention to apply for passage of local legislation have been complied with for the enactment of this law. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1964, session of the General Assembly of Georgia a Bill to amend the Acts approved August 16, 1909, August 9, 1920, and July 27, 1923, and the several Acts amendatory thereof incorporating and creating the Village of East Thomaston in Upson County, Georgia, so as to change and reduce the corporate limits of said village and to repeal so much of said Acts as embrace property which is by said Bill excluded and for other purposes. This 21st day of December, 1963. /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 Page 2247 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 26, 1963, January 2, 1964, and January 9, 1964. Thomaston Publishing Company, By: Leon Smith. Sworn to and subscribed before me, this 18th day of January, 1964. /s/ Dickson Adams, Notary Public, Upson County, Georgia. My Commission Expires April 10, 1966. (Seal). Approved March 3, 1964. CITY COURT OF SANDERSVILLENAME CHANGED, COURT COSTS, ETC. No. 620 (House Bill No. 839). An Act to amend an Act creating the City Court of Sandersville, in and for the County of Washington, approved October 31, 1901 (Ga. L. 1901, p. 164), as amended by an Act approved December 17, 1902 (Ga. L. 1902, p. 159), an Act approved August 23, 1905 (Ga. L. 1905, p. 346), an Act approved August 22, 1907 (Ga. L. 1907, p. 230), an Act approved August 14, 1908 (Ga. L. 1908, p. 206), an Act approved August 17, 1916 (Ga. L. 1916, p. 292), an Act approved August 11, 1922 (Ga. L. 1922, p. 283), an Act approved August 13, 1924 (Ga. L. 1924, p. 248), an Page 2248 Act approved July 21, 1927 (Ga. L. 1927, p. 450), an Act approved March 10, 1933 (Ga. L. 1933, p. 351), an Act approved March 27, 1941 (Ga. L. 1941, p. 699), an Act approved March 17, 1956 (Ga. L. 1956, p. 3463), and an Act approved March 25, 1958 (Ga. L. 1958, p. 3173), so as to change the name of the court; to change the provisions relative to costs of court in certain cases; to change the provisions relative to recordation in certain cases; 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 Sandersville, in and for the County of Washington, approved October 31, 1901 (Ga. L. 1901, p. 164), as amended by an Act approved December 17, 1902 (Ga. L. 1902, p. 159), an Act approved August 23, 1905 (Ga. L. 1905, p. 346), an Act approved August 22, 1907 (Ga. L. 1907, p. 230), an Act approved August 14, 1908 (Ga. L. 1908, p. 206), an Act approved August 17, 1916 (Ga. L. 1916, p. 292), an Act approved August 11, 1922 (Ga. L. 1922, p. 283), an Act approved August 13, 1924 (Ga. L. 1924, p. 248), an Act approved July 21, 1927 (Ga. L. 1927, p. 450), an Act approved March 10, 1933 (Ga. L. 1933, p. 351), an Act approved March 27, 1941 (Ga. L. 1941, p. 699), an Act approved March 17, 1956 (Ga. L. 1956, p. 3463), and an Act approved March 25, 1958 (Ga. L. 1958, p. 3173), is hereby amended by changing the name of the court from City Court of Sandersville to City Court of Washington County. Name changed. Section 2. Said Act is further amended by striking section 41-A in its entirety and substituting in lieu thereof a new section 41-A to read as follows: Section 41-A. In all civil cases filed in said court where the principal amount involved does not exceed $100.00, the court costs shall be $6.00 to be equally divided between the sheriff and clerk. Where the principal amount involved is greater than $100.00 but does not exceed $200.00, the court costs shall be $8.00, to be equally divided between the sheriff Page 2249 and clerk. In all other civil cases, the court costs shall be as now or hereafter provided by law. The aforementioned court costs shall be the total costs through final judgment in said court, except for the fees for issuing subpoenas for witnesses and service of same. The aforementioned costs shall remain as herein stated even if the suit is not prosecuted to final judgment in said court, after filing. Court costs. Section 3. Said Act is further amended by adding at the end of section 23 a new sentence to read as follows: Provided, however, that in any civil litigation where the principal amount is $200.00 or less, nothing need be recorded on the minutes or court records except the final judgment, unless so ordered by the presiding judge, Minutes. so that when so amended section 23 shall read as follows: Section 23. Be it further enacted by the authority aforesaid, That said city court of Washington County shall be a court of record, and shall have a seal, and the minutes, records, orders and other books and files that are required by law, and rules, to be kept for the superior court, shall be kept in and for said city court, and in the same manner, and all laws applicable to the duties of the clerk and sheriff in said superior court shall apply to them in the city court, except where they conflict with the provisions of this Act. Provided, however, that in any civil litigation where the principal amount is $200.00 or less, nothing need be recorded on the minutes or court records except the final judgment, unless so ordered by the presiding judge. Section 4. The provisions of 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. State of Georgia, Washington County. Before undersigned authority, duly authorized by law to administer oaths, personally appeared the undersigned subscriber, who after being duly sworn, deposes and upon oath saith: Page 2250 That he is editor and publisher of The Sandersville Progress, published in Sandersville, Washington County, Georgia; that the attached legal advertisement with reference to City Court of Sandersville, appeared in the regular issues of said paper on January second, ninth and sixteenth, 1964. Further affiant saith not. J. D. Mize. Sworn to and subscribed before me, January 16, 1964. /s/ Casey Thigpen, Notary Public, Washington County, Georgia. (Seal). Notice. Notice is given that bill will be introduced at next session of General Assembly of Georgia, convening in January 1964, to amend Act creating City Court of Sandersville (Ga. L. 1901, p. 164) as amended by Act approved December 17, 1902 (Ga. L. 1902, p. 159), an Act approved August 23, 1905 (Ga. L. 1905, p. 346), an Act approved August 22, 1907, (Ga. L. 1907, p. 230), an Act approved August 14, 1908 (Ga. L. 1908, p. 206), an Act approved August 17, 1916 (Ga. L. 1916, p. 292), an Act approved August 11, 1922 (Ga. L. 1922, p. 283), an Act approved August 13, 1924 (Ga. L. 1924, p. 248), an Act approved July 21, 1927 (Ga. L. 1927, p.450), an Act approved March 10, 1933 (Ga. L. 1933, p. 351), an Act approved March 27, 1941 (Ga. L. 1941, p. 699), an Act approved March 17, 1956 (Ga. L. 1956, p. 3463), and an Act approved March 25, 1958 (Ga. L. 1958, p. 3173), so as to change the name of the subject court; to change the provisions relative to costs of court in certain cases; to change the provisions relative to recordation in certain cases; providing for effective dates of said changes; to repeal conflicting laws; and for other purposes. This January first, 1964. Approved March 3, 1964. Page 2251 CHATHAM COUNTYCOMPENSATION, ETC. OF ORDINARY. No. 621 (House Bill No. 842). An Act to amend an Act providing for the compensation of the ordinary of Chatham County, approved March 17, 1958 (Ga. L. 1958, p. 2529), as amended by an Act approved March 10, 1959 (Ga. L. 1959, p. 3003), so as to change the compensation of the ordinary of Chatham County; to prohibit the ordinary from engaging in the practice of law; to provide for the collection and disposition of all fees, costs, and emoluments accruing to the office of the ordinary of Chatham County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the ordinary of Chatham County, approved March 17, 1958 (Ga. L. 1958, p. 2529), as amended by an Act approved March 10, 1959 (Ga. L. 1959, p. 3003), is hereby amended by adding at the end of section 1 the following: Provided, however, that after December 31, 1964, the salary of the ordinary shall not be less than $12,500 dollars., so that when so amended, section 1 shall read as follows: Section 1. The compensation of the Ordinary of Chatham County shall be fixed by the county commissioner and ex-officio judges of Chatham County, but shall not be less than $10,000 per annum, to be paid in equal monthly installments from the funds of Chatham County. Provided, however, that after December 31, 1964, the salary of the Ordinary shall not be less than $12,500 dollars. Salary. Section 2. Said Act is further amended by adding between sections 1 and 2, two new sections to be numbered sections 1A and 1B and to read as follows: Section 1A. After December 31, 1964, the ordinary of Chatham County shall be prohibited from engaging in the Page 2252 practice of law in any cause or in any court in this State or the United States, notwithstanding the provisions of Code section 24-1715. Practice of law. Section 1B. All fees, fines, forfeitures, costs, commissions and compensation of any nature allowed the ordinary of Chatham County or to the Court of Ordinary of said county by the laws of this State, shall be diligently collected by the ordinary and paid into the treasury of Chatham County within fifty days of the date of their collection. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, Chatham County. Personally appeared before me, Lloyd Eder, to me known, who being by me sworn, deposes and says: That he is the vice president of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press; That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That said newspaper is of general circulation in said county and in the area adjacent thereto and is the newspaper designated and customarily used by the Sheriff of Chatham County for the publication of advertisements and by the other officials and official bodies of and in said county for the publication of notices required by law; That he is authorized to make affidavits of publication on behalf of said publisher corporation and that the following advertisement, to wit: State of Georgia, County of Chatham. Notice of Intention to Apply for the Passage of Local Legislation. Page 2253 Notice is hereby given that Chatham County will apply to the Session of the General Assembly of Georgia convening in January, 1964, for passage of local legislation to change the compensation of the ordinary of Chatham County, Georgia. This 27th day of December, 1963. John W. Sognier, County Attorney, Chatham County. has been published in said Savannah Evening Press once a week for 3 weeks to wit: in the regular issues of December 27, 1963, January 3, 10, 1964. /s/ Lloyd G. Eder, (Deponent). Sworn to and subscribed before me, this 20 day of January, 1964. /s/ Eleanor F. Carriere, Notary Public, Chatham County, Ga. (Seal). Approved March 3, 1964. CRISP COUNTYELECTION OF COUNTY COMMISSIONERS. No. 624 (House Bill No. 862). An Act to amend an Act entitled An Act to create a board of county commissioners for the County of Crisp, to prescribe the duties and powers thereof, and for other purposes., approved August 6, 1908 (Ga. L. 1908, p. 295), as amended particularly by an Act approved August 27, 1931 (Ga. L. 1931, p. 448), and by an Act approved February 7, 1952 (Ga. L. 1952, p. 2241), so as to change Page 2254 the provisions relating to commissioner districts and the provisions relating to the election of county 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 to create a board of county commissioners for the County of Crisp, to prescribe the duties and powers thereof, and for other purposes., approved August 6, 1908 (Ga. L. 1908, p. 295), as amended particularly by an Act approved August 27, 1931 (Ga. L. 1931, p. 448), and by an Act approved February 7, 1952 (Ga. L. 1952, p. 2241), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. That at the general election to be held in 1966 following the primary in said year, Crisp County shall be divided into three commissioner districts, each of which said districts shall have a member on the board of commissioners of roads and revenues of said county, elected from said commissioner district by a county-wide vote, and that said three districts shall be as follows: Commissioner District 1 : The Cordele Militia District, that is, the 1451st Georgia Militia District, one commissioner. Commissioner District 2 : The Coney Militia District, that is Georgia Militia District 1004; the James Militia District, that is, Georgia Militia District 945; and all of the 9th Land District and the 15th Land District in said County, one commissioner. Commissioner District 3 : The Arabi Militia District, that is Georgia Militia District 732; the Hatley Militia District, that is, Georgia Militia District 1697; and the Listonia Militia District, that is, Georgia Militia District 1040, one commissioner. Section 2. Said Act is further amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Page 2255 Section 2. Be it further enacted that in order for a person to offer for said county commissioner post or be elected and qualified from any of said commissioner districts, he must be a resident of said districts, a qualified voter of Crisp County, and be a freeholder. Said commissioners are hereby appointed to perform all duties, take charge of all roads and revenues and perform all of the other duties now incident to said office, and shall remain in office until their successors shall have been elected and qualified. In case of the death of any county commissioner or their disability to serve, and the office is made vacant before the expiration of their term, the vacancy shall be filled as in the case of the vacancy of any other county officer. The terms of said commissioners shall be for a period of six years and the rotation and election of the members to serve on said board from commissioner district 1 as designated herein shall be the same as the rotation and election of the members heretofore elected to serve from the Cordele, the 9th district and the 10th district as provided in the Act of 1952; the rotation and election of the member to serve on said board from commissioner district 2 as designated herein shall be the same as the rotation and election of the member heretofore elected to serve from the 14th and 15th land district in said county as provided by the Act of 1952; and the rotation and election of the commissioner to serve from commissioner district 3 as designated herein shall be the same as the rotation and election of the member heretofore elected to serve from the 11th district, Hatley and the 13th district, as provided in the Act of 1952. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard Rainey, who, on oath, deposes and says that he is Representative from Crisp County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published Page 2256 in the Cordele Dispatch, which is the official organ of said county, on the following dates: January 2, 9, 16, 1964. /s/ Howard Rainey, Representative, Crisp County. Notice. Notice is hereby given that legislation will be introduced in the 1964 session of the General Assembly of Georgia, a bill to amend the provisions of an Act creating a board of county commissioners for the County of Crisp, Georgia Laws, 1908, page 295, as amended by Act of 1952, Georgia Laws, page 2241, to further clarify the individual district lines from which each of the three commissioners shall come, to change all said lines to be identified by militia district lines and for other purposes. This 2nd day of January, 1964. /s/ Howard Rainey, Crisp County Representative, Cordele, Georgia. Sworn to and subscribed before me, this 27 day of January, 1964. /s/Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 3, 1964. Page 2257 CITY OF CANTONCITY MANAGER. No. 627 (House Bill No. 877). An Act to amend an Act incorporating the City of Canton approved August 1, 1922, as amended, to provide for employment of a city manager; to define his duties, fix his salary; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The mayor and council of the City of Canton, as the governing authority of said city are hereby authorized to employ a city manager and fix his salary. Said manager need not be a resident of the city nor of the state and shall not be appointed for any designated term, but solely by reason of his executive ability and administrative qualifications. The city manager shall be the administrative executive of the city and may be removed or suspended by the mayor and council at any time. During any suspension, removal or disability of said manager the mayor and council shall designate some properly qualified person to perform the duties of the office until a new manager is elected. Authorized. Section 2. The city manager shall have charge of all property of the city; operate and control all public utilities, public buildings, streets, parks, police, fire department, and all of the departments of said city and all of the business of said city whether enumerated herein or not, subject only to the limitations herein provided for. Duties. Section 3. City manager shall have authority to appoint or hire any and all employees of the city within a range of wages and salaries fixed by the mayor and council, and shall be the sole judge of the fitness of such employees and have authority to remove them; he shall attend all meetings of the mayor and council with the right to take part in the discussions but having no vote; he shall recommend in writing to the mayor and council any measures as he may deem necessary to the administration of the affairs of the city; keep the mayor and council advised as to the financial condition and needs of the city; and perform such other duties Page 2258 as may be prescribed by ordinance of the mayor and council which are not inconsistent with the charter or ordinances of said city or the laws of this state; and to perform such other duties as may be prescribed by this Act, or by the ordinances or resolutions of the mayor and council of the city. Same. Section 4. The mayor and council may create and consolidate departments or divisions of the city government under the supervision of the city manager and may divide the administration of the city's affairs into such departments, under the supervision of the city manager as they may deem advisable, and may discontinue any such department, employee or division at their discretion. Departments. Section 5. It shall be the duty of the mayor and council to require a good and sufficient bond to be made by the city manager conditioned for the faithful performance of his duties, and pay the premium on such bond out of the city treasury. Bond. Section 6. All purchases by the city manager or contracts to pay out money in excess of the sum of $300 shall be approved in writing by the mayor and council, or by some person or committee appointed by an ordinance for said person. Contracts. Section 7. If any part of this Act should be declared void or unconstitutional, the remaining portions of the same shall not be affected thereby. Severability. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that the undersigned will introduce in the 1964 session of the General Assembly of Georgia a bill to amend the charter of the City of Canton to provide for a city manager. Page 2259 This 6th day of January, 1964. 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 organ of said county, on the following dates: January 9, 1964; January 16, 1964; and January 23, 1964. /s/ Marion T. Pope, Jr., Representative, Cherokee County. Sworn to and subscribed before me, on this 27th day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia, State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 3, 1964. Page 2260 CITY OF KINGSLANDMEETINGS OF COUNCIL. No. 630 (House Bill No. 902). An Act to amend an Act establishing the Kingsland city charter (Ga. L. 1927, p. 1241-1276, approved August 15, 1927), by adding thereto a new section granting unto the city the authority to determine and establish a fixed regular monthly meeting day by ordinance; to repeal all conflicting provisions of said charter and all acts amendatory thereof in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Kingsland city charter (Ga. L. 1927, p. 1241-1276, approved August 15, 1927), is hereby amended by adding a new section to be known as section 79 to read as follows: Section 79. The mayor and council of the City of Kingsland are hereby granted the right and authority to determine and establish, by ordinance, a fixed regular monthly meeting day for the transaction of the business of said city, such meetings to be held at the duly established city hall in said city. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia, which convenes in January, 1964, a local bill, the title of which is as follows: An Act to amend an Act establishing the Kingsland City Charter (Ga. L. 1927, p. 1241-1276, approved August 15, 1927) by adding thereto a new section granting unto the city the authority to determine and establish a fixed regular monthly meeting day by ordinance; to repeal all conflicting provisions of said charter and all acts amendatory thereof in conflict herewith; and for other purposes. Page 2261 This 17th day of December, 1963. Robert Edenfield, Mayor. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Smith, who, on oath, deposes and says that he is Representative from Camden County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southeast Georgian, Kingsland, Georgia, which is the official organ of said county, on the following dates: December 19, December 26, 1963 and January 2, 1964. /s/ Charles C. Smith, Representative, Camden County. Sworn to and subscribed before me, this 27 day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 3, 1964. CITY OF ST. MARYSCOMPENSATION OF MAYOR AND ALDERMEN. No. 631 (House Bill No. 903). An Act to amend an Act incorporating the City of St. Marys, Camden County, Georgia, approved August 15, 1910 (Ga. L. 1910, p. 1086 et seq.), and all Acts amendatory thereof, by increasing the power and authority of the board of aldermen to specifically provide for compensation to the mayor and members of the board of aldermen; and for other purposes. Page 2262 Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of St. Marys, Camden County, Georgia, approved August 15, 1910 (Ga. L. 1910, p. 1086 et seq.), and all Acts amendatory thereof, is hereby amended by adding at the end of section 1 a new paragraph to read as follows: The board of aldermen of the City of St. Marys shall have and it hereby is granted the express right and authority to provide compensation for the mayor in an amount not less than one dollar ($1.00) per month and not more than one hundred dollars ($100.00) per month and for each member of the board of aldermen in an amount not less than one dollar ($1.00) per month and not more than twenty-five dollars ($25.00) per month. 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 a bill in the next regular session of the Georgia General Assembly, January-February session, 1964, next to be captioned as follows: An Act to amend an Act incorporating the City of St. Marys, Camden County, Georgia, approved August 15, 1910, (Ga. L. 1910, p. 1086 et seq.) and all Acts amendatory thereof, by increasing the power and authority of the board of aldermen to specifically provide for compensation to the mayor and members of the board of aldermen, and for other purposes. This 9th day of December, 1963. Charles C. Smith, Camden County Representative. Page 2263 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Smith, who, on oath, deposes and says that he is Representative from Camden County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southeast Georgian, Kingsland, Georgia, which is the official organ of said county, on the following dates: December 19, December 26, 1963 and January 2, 1964. /s/ Charles C. Smith, Representative, Camden County. Sworn to and subscribed before me, this 27 day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 3, 1964. CITY OF KINGSLANDELECTIONS. No. 632 (House Bill No. 904). An Act to amend an Act incorporating the City of Kingsland in Camden County, Georgia, approved August 15, 1927 (Ga. L. 1927, p. 1241), as amended, particularly by an Act approved August 26, 1931 (Ga. L. 1931, p. 855), and an Act approved February 14, 1962 (Ga. L. 1962, p. 2108), so as to provide that elections shall be held biennially; 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 in Camden County, Georgia, approved August 15, 1927 Page 2264 (Ga. L. 1927, p. 1241), as amended, particularly by an Act approved August 26, 1931 (Ga. L. 1931, p. 855), and an Act approved February 14, 1962 (Ga. L. 1962, p. 2108), is hereby amended by striking from the first sentence of section 3 the word bi-annually and inserting in lieu thereof the word biennially, so that when so amended section 3 shall read as follows: Section 3. Be it further enacted, that an election shall be held at the city court-room or council chamber in the City of Kingsland on the 2nd Tuesday in December, 1963, and biennially thereafter, for a mayor and four councilmen, to serve for a term of two years each and until their successors are elected and qualified. The polls of said election shall be kept open from 7:00 a.m. to 7:00 p.m. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia, which convenes in January 1964, a local bill, the title of which is as follows: An Act to amend an Act amending an Act incorporating the City of Kingsland, in Camden County, Georgia, approved February 14, 1962, (Ga. Laws 1962, Vol. 2, pp. 2108-2110) by deleting the word bi-annually and substituting in lieu thereof the word biennially and for other purposes. This 17th day of December, 1963. /s/ Robert Edenfield, Mayor. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Smith, who, on oath, deposes and says that he is Representative from Camden County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published Page 2265 in the Southeast Georgian, Kingsland, Georgia, which is the official organ of said County, on the following dates: December 19, December 26, 1963 and January 2, 1964. /s/ Charles C. Smith, Representative, Camden County. Sworn to and subscribed before me, this 27th day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 3, 1964. POLK COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 633 (House Bill No. 906). An Act to consolidate the offices of tax receiver and tax collector of Polk County into the office of the tax commissioner of Polk County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to make provisions relative to taxes and tax fi fas; 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 Polk County are hereby consolidated and combined into the one office of the tax commissioner of Polk County. The rights, duties and liabilities of the tax commissioner, except Page 2266 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 of other county officers for Polk County in 1964. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31, 1968, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall affect the term of office of the present tax collector and tax receiver of Polk County, and their terms of office shall continue through December 31, 1964. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector. Term, etc. Section 3. The tax commissioner shall receive for his services as such an annual salary of $18,000.00, payable in equal monthly installments from the funds of Polk County. Salary. Section 4. Except as hereinafter provided, all fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Polk County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, except those commissions allowed by 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. Page 2267 Sess., p. 297), as amended, which commissions the tax commissioner shall be entitled to receive and retain in addition to the salary provided for herein. Fees, etc. Section 5. The tax commissioner is authorized to employ such personnel to assist him in discharging the official duties of his office as he shall deem proper. However, such personnel's compensation shall not be paid from county funds, but shall be paid by the tax commissioner from his compensation provided for above. All expenses incurred by the tax commissioner in operating and discharging the official duties of his office, except as herein provided, including, but not limited to, office equipment, supplies, fixtures and utility expenses, shall be paid by the county from county funds. Clerical assistance, equipment, etc. Section 6. All taxes due and payable Polk 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 shall be collectible as issued. Intent. 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 1964 session of the General Assembly of Georgia, a bill to combine the offices of tax collector and tax receiver of Polk County into the office of tax commissioner; to provide the procedure connected therewith; and for other purposes. This 9th day of January, 1964. John Harvey Moore, Representative, Polk County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Harvey Page 2268 Moore, who, on oath, deposes and says that he is Representative from Polk County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cedartown Standard, which is the official organ of said County, on the following dates: January 9, 16, 23, 1964. /s/ John Harvey Moore, Representative, Polk County. Sworn to and subscribed before me, this 28 day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 3, 1964. HALL COUNTY STREET IMPROVEMENT ASSESSMENT ACT. No. 634 (House Bill No. 918). An Act authorizing Hall County, Georgia, and the governing authority of said county to provide for the construction, grading, paving, repairing and maintenance of roads, streets, curbs, gutters and sidewalks within any approved subdivision located within the unincorporated areas of said county whose plat is on record in the clerk's office of the superior court of Hall County, and to levy assessments therefor; to carry into effect an amendment to the Constitution of the State relating to the authority of Hall County to construct such improvements, and to assess the cost thereof against the abutting owners where persons owning at least fifty-one percent of the frontage shall consent thereto; to authorize the governing authority of Hall County to employ the necessary personnel for such construction and maintenance; to provide that Page 2269 the county authorities may assess the cost of such work against the abutting property owners; to provide for the creation of liens against the abutting property for the assessments, and to authorize and provide methods for the issuance, enforcement and collection of the fi fas for such assessments, with the right to sell, transfer and assign such fi fas; to authorize the county authorities to provide rules and regulations in regard to the construction and maintenance of streets, sidewalks and curbing within such areas, and to promulgate such rules and regulations, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. The short title of this Act shall be the Hall County Street Improvement Assessment Act. Short title. Section 2. The purpose of this Act is to carry into effect the constitutional amendment reported in Georgia Laws 1962 Regular Session, pp. 980-982, empowering the General Assembly of Georgia to grant to the governing authority of Hall County, Georgia, in addition to powers already granted, the power to grade, pave, repave and repair roads and streets, curbs, gutters and sidewalks within any approved subdivision located within the unincorporated areas of said county whose plat is on record in the clerk's office of the superior court of Hall County. Purpose. The powers herein granted to the governing authority of said county are supplemental and cumulative to other powers and authority of said county with reference to any of the matters to which this Act pertains. Section 3. Whenever the term governing authority is used in this Act, it shall refer to the board of commissioners of roads and revenues of Hall County, Georgia, or to any officer or officers, board or boards, which may by law hereafter enacted be vested with the governmental powers possessed by the present board of commissioners of roads and revenues of said county. Whenever the term improvements is used in this Act, it shall refer to the construction, Page 2270 grading, paving, repairing and maintenance of roads, streets, curbs, gutters and sidewalks within the unincorporated areas of Hall County, Georgia. Definitions. The term approved subdivision as used in this Act shall mean a subdivision approved by the Gainesville-Hall County Planning Commission. In the event such joint city-county planning commission ceases to exist, then the governing body of Hall County may exercise this power itself without regard for such planning commission. Section 4. The governing authority is hereby authorized and empowered to provide for the construction, grading, paving, repairing and maintenance of roads, streets, curbs, gutters and sidewalks within any approved subdivision located within the unincorporated areas of said county whose plat is on record in the clerk's office of the Superior Court of Hall County, Georgia, doing the same in such manner and to such extent as in the discretion of the governing authority seems proper and necessary with the provisions of this law. Powers. Section 5. The governing authority is authorized and empowered to provide for such improvements where the owners of property having at least fifty-one percent of the lineal frontage abutting such proposed improvements give their consent therefore in the manner hereinafter provided. Same. Section 6. The governing authority shall be empowered to determine the cost of such improvements, including engineering and legal costs incidental thereto, and to assess the cost pro-rata against the abutting property owners, such assessments to be made according to the proportion which each abutting property owner's frontage bears to the total frontage improved. The entire cost of grading, paving or otherwise improving sidewalks or installing curbs and gutters, including engineering and legal costs incidental thereto, shall be assessed against the real estate abutting on the side of the road or street on which said improvements are made. When the improvements consist of the grading or paving of a portion of a street or road used for vehicular Page 2271 travel, the cost including engineering and legal costs incidental thereto shall be assessed proportionately against the property owners on both sides of the street or road. Same, costs. Section 7. The governing authority shall in its discretion determine the propriety and necessity of making the improvements authorized under this law and shall determine and decide all matters relating to the manner, time, place and extent of making such improvements. Discretion. Section 8. The governing authority of said county may, on its own initiative, make any of the improvements herein authorized, provided, however, that before making such improvements and assessing the cost therefor, consent shall be obtained in the manner hereinafter prescribed from owners of property having at least fifty-one percent of the frontage abutting such proposed improvements after notice to all of the owners of property abutting such improvements and a public hearing as to the propriety and necessity therefor. Same. Section 9. The governing authority shall also be empowered to make such improvements upon a written petition therefor filed with the clerk of the governing authority by persons owning at least fifty-one percent of the frontage abutting such proposed improvements, but only after notice in the manner hereinafter prescribed to all of the persons owning property abutting such improvements and after a public hearing as to the propriety and necessity therefor. Petitions. Section 10. Whenever, under section 8 of this Act, the governing authority shall have determined on its own initiative the desirability of making such improvements shall have been filed, or whenever under section 9 of this Act, a petition for such improvements shall have been filed, then the governing authority shall by resolution set and fix a time and place for a public hearing with respect to the making of such improvements. A notice of such public hearing shall be published once in the newspaper in which sheriff's advertisements in Hall County are carried at least ten days before the time of such hearing, which notice shall set forth the nature of the improvements to be made, with a brief description of the property to be improved, including Page 2272 the geographical beginning and terminal points of such improvements, and also the estimated pro-rata cost per front foot. The notice shall further set forth the date, time and place of hearing, and shall state that if such improvements are authorized by the governing authority after full hearing the cost of the improvements will be assessed pro-rata against the owners of the property abutting said improvements. A copy of the notice of the public hearing shall be mailed at least ten days before the hearing to each owner of property abutting such proposed improvements. The person in whose name the property has been last returned to the tax commissioner of Hall County for taxation, or in whose name it has been last assessed, shall be deemed to be the owner, and the notice shall be mailed to such person at the address appearing upon the tax commissioner's records. The posting of a letter containing such notice in the United States mail, duly stamped and addressed as herein required, shall be deemed a sufficient compliance with the requirements of this law regarding the mailing of notices. A substantial compliance with these requirements as to notice and the contents thereof shall be sufficient. If more than one person appears from the tax returns as owners, a notice shall be mailed to all of the persons listed as owners. A grantor in a security deed or the obligee under a bond for title or a contract or purchase shall be deemed to be the owner. Public hearings, etc. Section 11. The governing authority of the county shall, at the time and place appointed in the resolution, hold and conduct a public hearing with respect to the making of the proposed improvements. Any property owner desiring to object shall, at or before the time of the public hearing, file with the clerk of the governing authority a written statement setting forth any and all objections to the proposal. The governing authority shall give careful consideration to all objections which may be filed, and shall also give full consideration to the desirability of making the proposed improvements. If the making of the improvements is opposed by persons owning as much as fifty-one percent of the frontage, the improvements shall not be made. If however, after considering all objections and if it appears that persons owning as much as fifty-one percent of the frontage Page 2273 have consented, the governing authority shall then in its discretion determine whether or not such improvements shall be made. If it is determined that such improvements shall be made, and if it appears that the owners of property having at least fifty-one percent of the frontage abutting such proposed improvements, either by their written petition therefor or have given their consent by failing to object, the governing authority shall then have the full right and power to make such improvements and to assess the cost thereof pro-rata against the abutting property owners as well as against such property. The public hearing may be continued from time to time by resolution duly adopted by the governing authority and recorded on the minutes. Any and all owners of property abutting such proposed improvements who make no objection at the appointed time for the public hearing shall be conclusively deemed to have consented to such improvements and to have agreed that the cost thereof be assessed pro-rata against them. Same. Section 12. In the event of the adoption of a resolution authorizing the making of the improvements and the assessment of the cost thereof pro-rata against the owners of the abutting property, all such property owners who do not within fifteen days from the date of the adoption of such resolution commence legal proceedings to contest the making of the improvements or the assessments of the cost shall conclusively be presumed to have accepted the terms of this resolution and to have conclusively agreed that the cost of making the improvements be assessed as provided. Contests. Section 13. After the expiration of fifteen days from the date of the adoption of a resolution authorizing the making of the improvements and the assessment of the cost as aforesaid, and unless legal actions which interfere with the making of such improvements and assessments shall have been commenced within the prescribed period, the governing authority may then proceed as soon as it may decide is practicable to have such improvements made. The governing authority may then proceed with the improvements stating the material to be used, the nature of construction, and defining the extent, character and width of improvements and such other matters as may be necessary to instruct Page 2274 the county road supervisor or such other person as may be designated to prepare for such improvements the necessary plans, plot profiles, specifications and estimates. Improvements. Section 14. When the improvements have been finally completed, the total of the cost shall be determined and a resolution adopted by the governing authority apportioning and assessing the cost against the abutting owners on the basis provided in section 6 of this Act. The clerk of the governing authority shall then give written notice by United States mail to each abutting owner informing him of the amount assessed against his property. Such assessment shall be due and payable thirty days from the date of the adoption by the governing authority of the final resolution fixing the total cost of the improvements and making the assessments against the abutting property owners. Assessments. Section 15. The clerk of the governing authority shall provide and keep a permanent and well bound book to be known as Hall County Assessment Book for Street Improvements and shall provide additional volumes as the same are needed. Each volume shall bear a separate number or letter, and the page thereof shall be numbered consecutively. The book shall be so indexed as to show each street or road improved and shall contain appropriate columns for a brief description of each parcel of land assessed, the name of the apparent owner, the frontage of the street or road improved and the amount of the assessment apportioned against the parcel of property improved. No error, omission or mistake in regard to the name of the owner shall invalidate any assessment. Said book shall be a public record, and the entry therein of any assessment shall be a public record, and the entry therein of any assessment shall constitute notice to the public of the lien against the land so assessed. Lien records. Section 16. The resolution adopted by the governing authority authorizing said improvements under section 11 of this Act shall also provide for the making of a general assessment of the cost against the abutting property owners, and shall create and inchoate lien against said abutting property. Said lien, however, shall become fixed as to the Page 2275 amount upon the adoption of the final resolution apportioning the specific assessments, as provided in section 15 of this Act, and shall date and rank from the date of the adoption of said final resolution. The liens so created shall have the same rank and charter as liens for other taxes due Hall County, Georgia, co-equal with the liens for other taxes, and all persons shall be charged with the notice of the existence of said liens effective from the date of the adoption of the resolution making the general assessment and the recording of such resolution on the minutes of the governing authority. Liens. Section 17. All assessments made against the owners of property abutting such improvements shall become due and payable thirty days after the date of the adoption of the final resolution fixing the specific amounts of the assessments and the giving of the notice thereof to the owners, as provided in section 14 of this Act. Any owner, however, may elect to pay the assessment in installments in the manner hereinafter provided. Where no such election is made and where a default occurs in the payment of the assessment, an execution may be issued for the enforcement of such assessment, such execution to be issued in the name of Hall County, Georgia, and enforced by levy and sale by the sheriff of said county in the same manner that tax executions are enforced. Such assessment shall bear interest at the rate of seven percent per annum. Payment of assessments. Section 18. The governing authority shall have power by resolution to provide for the payment of any assessments in two or more annual installments to bear interest at such rate as the governing authority may determine, but not to exceed seven percent per annum. All property owners desiring to avail themselves of the installment plan of payment shall within sixty days after the final assessment is made sign notes in such form and tenor as the governing authority shall prescribe, and to bear interest and to mature as provided by the terms of the resolution authorizing the payment in installments. Such notes shall be negotiable in form and shall constitute liens against the property so assessed, which property shall be briefly described in the face of the note. In case of a default in the payment of any Page 2276 one of the installments, then the remainder of said installments shall become immediately due and payable, and the governing authority, or any person to whom such note has been transferred, shall have the right to have execution issued thereon for the full balance due with interest to the date of the issuance of execution plus a penalty of ten percent of the amount then due. Such holder may proceed to enforce the execution by a levy upon the property described in such note, or any other property of the owner within the county, such execution to be levied and enforced by the sheriff of said county, or his lawful deputies, under the same rules and regulations governing other sheriff's sales in said county. Any such executions shall be issued in the name of Hall County, Georgia, and shall bear teste in the name of the governing authority of said county and be signed by the Clerk of the governing authority. If the note for the assessment has been transferred by the county authority to another holder, the execution shall issue and be enforced in the name of the county but for the benefit and use of the holder of said note. Same. Section 19. The defendant in an execution shall have the right to contest the legality of the same, including the amount due, if ground for such contest exist. The procedure for contesting such executions shall be an affidavit of illegality, and the procedure thereon shall be the same as that provided for the contesting of the legality of executions for other taxes. If the defendant should contest the legality of the execution, he shall state what amount, if any, he admits to be correctly due, and that he has paid such admitted amount. All such affidavits so filed shall be returned to the superior court of Hall County, Georgia, and the issue thus made shall be determined as in cases of illegality, subject to the penalties provided in cases of illegality for delay. Affidavits of illegality. Section 20. Any execution issued under the provisions of this Act may be sold, transferred or assigned, in the discretion of the governing authority, and property of the defendant levied upon and sold under the same law regulating the levy and enforcement of tax executions. Executions. Page 2277 Section 21. The governing authority shall be empowered to acquire whatever property may be necessary to the making of any of the improvements for which provisions is herein made and to this end may exercise all of the powers of eminent domain as provided by law. Eminent domain. Section 22. The governing authority shall also have the power after the expiration of thirty days from the passage of said resolution confirming and levying said assessment, by resolution to provide for the issuance of bonds in the aggregate amount of such assessment remaining unpaid, fixing the date fifteen days after the passage and adoption of the resolution levying such assessment, and of such denomination of the governing authority, shall determine, which bond or bonds shall in no event become a liability of the County of Hall, nor of the governing authority one-tenth in amount of any such series of bonds with the interest thereon the whole series to that date shall be payable on the fifteenth day of September next succeeding the maturity of the first installments of the assessments and interest, and one-tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on September the fifteenth in each succeeding year until all shall be paid, such funds to bear interest at a rate not exceeding six percent per annum from their date until maturity, payable annually, and shall be designated as Hall County Street Improvement Bonds, and shall on the face thereof recite the street, road, avenue, lane or alley, for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the tracts of land benefited by the said improvement under authority of this Act. Said bonds shall be signed by the chairman of the board of commissioners of roads and revenues and attested by the clerk of the governing authority, and shall have the corporate seal of the county affixed, 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 as shall be designated in the bond. Said bonds shall be sold at not less than par, and the proceeds thereof shall be applied to the payment of the contract price and other expenses incurred in making such improvement, or such Page 2278 bonds in the amount that shall be necessary for that purpose may be delivered to the contractor at par value in payment of the amount due him on his contract, and the portion thereof, which shall be necessary to pay other expenses incident to and incurred in providing for said improvement, shall be sold or otherwise disposed of as the governing authority shall direct and as regulated by law. All said bonds shall be registered by the clerk of the governing authority in a book to be provided for that purpose, and certificate of registration shall be endorsed by the clerk on each of said bonds. Whenever the owner of any such bonds shall sell or transfer the same, such sale with the name and address of the owner and of the transfer shall be entered on the registry book for such bonds at the office of the clerk, and it shall be the duty of the transferee of said bonds to carry or send said bonds to the clerk for such purpose. Bonds. Section 23. The assessments shall be payable by the persons owning said tract of land as the several installments become due, together with the interest on the whole amount as before provided for, to the treasurer of said county, who shall give proper receipts for such payments. It shall be the duty of the Treasurer or such person as may be appropriately designated to keep an accurate account of all such collections made by him, and such collections shall be kept in a separate account and special fund to be used and applied for the payment of such bonds and the interest thereon, and for no other purposes; except that, at the time that any payment on said bonds shall be due, if there shall be more than enough in such special fund to make payment of the amount then due on said bonds, the other items of expense incurred by the municipal corporation in making such improvement may be paid wholly or partly from such excess. It shall be the duty of the treasurer or designated person not less than thirty days and not more than fifty days before the maturity of any such assessments to publish in two successive issues of the official newspaper, a notice advising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the streets or other highway on which such assessments have been levied, and that unless the same shall be promptly paid, proceedings will be taken to collect said installment Page 2279 and interest. It shall be the duty of the treasurer promptly after the maturity of any such installment or assessment and interest, in case of a default in payment of such installment or assessment, with interest, to issue an execution against the tract of land assessed for such improvement or against the person owning the same for the amount of such assessment, with interest, shall deliver the same to the levying officer of said county, or his deputy, who shall levy the same upon the real estate liable for such assessment and previously assessed for such improvement, and after advertisement, and other proceedings as in case of sales for county taxes, the same shall be sold at public outcry to the highest bidder, and such sale shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest, and subject to claims against said property for unpaid taxes; provided, that the defendant shall give the right to file an affidavit denying that the whole, or any part of the amount for which execution issued is due, and stating what amount he admits to be due, which amount shall be paid before the affidavit is received for the balance. All affidavits (and these, the foregoing and following provisions shall apply to the railroads against whom executions shall issue for the cost and expense of paving) shall set out in detail the reasons why the affiant claims the amount is not due, and when received by the levying officer shall be returned to the city court of Hall County, or the superior court of Hall County, whichever shall be first in session, and there tried and the issue determined as in other cases of illegality, subject to all the pains and penalties provided for in cases of illegality for delay under the code of Georgia. The failure of the county treasurer to publish said notice of maturity of any installment of said assessment and interest shall in nowise affect the validity of the assessment and interest thereon or the execution issued therefor. For all such paving or improving purposes, the person last returning the real estate for a taxation to the county shall be regarded and shall return same property for taxation, the city authorities may proceed against all or either of them, and leave to them the settlement as to who is owner and who is liable; and when no person shall return any such real estate for taxation, then no notice shall be given, but the work shall be done and Page 2280 assessment made and execution issued against the property as unreturned property, and the same shall be levied on and sold as unreturned property is levied and sold for the payment of county taxes owing thereon. Payment of assessments. Section 24. Anything to the contrary notwithstanding the provisions of this Act shall not adversely affect any contracts for paving and street assessments entered into or accruing prior to its approval. Intent. Section 25. Notice of intention to apply for the passage of this local bill has been published in the newspaper in which sheriff's advertisements for Hall County, Georgia, are published, namely, in the Daily Times, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this Act is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law. Section 26. Be it further enacted by the authority aforesaid that all laws in conflict herewith be, and the same are hereby repealed. Section 27. If any section or portion of the Act be declared unconstitutional, the remaining sections or portions thereof shall not be affected thereby, and shall not be invalidated, but shall remain in full force and effect. Severability. 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, January 13, 1964, an Act authorizing Hall County, Georgia, and the governing authority of said county to provide for the construction, grading, paving, repairing and maintenance of roads, streets, curbs, gutters and sidewalks within any approved subdivision located within the unincorporated areas of said county which plat is on record in the clerk's office of the superior court of Hall County, and to levy assessments therefor; to carry into effect an amendment to the Constitution of the State relating to the authority of Hall County to construct such improvements, Page 2281 and to assess the cost thereof against the abutting property owners as well as against such property where persons owning at least fifty-one per cent of the frontage shall consent; to authorize the governing authority of Hall County to employ the necessary personnel for such construction and maintenance; to provide that the county authorities may assess the cost of such work against the abutting property owners as well as against such property to provide for the creation of liens against the abutting property for the assessments, and to authorize and provide methods for the issuance, enforcement and collection of the fi fas for such assessments, with the right to sell, transfer and assign such fi fas; to authorize and provide methods for the issuance and sale of bonds, and to state the terms thereof, to authorize the county authorities to provide rules and regulations in regard to the construction and maintenance of streets, sidewalks and curbing within such areas, and to promulgate such rules and regulations, 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 23rd day of December, 1963. /s/ W. M. Williams, Hall County, Representative 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 Daily Times, which is the official organ of said county, on the following dates: December 27, 1963, January 3 and 10, 1964. /s/ W. M. Williams Representative, Hall County Page 2282 Sworn to and subscribed before me, this 28 day of January, 1964. /s/ Glenn W. Ellard Notary Public. (Seal). Approved March 3, 1964. GAINESVILLE AND HALL COUNTY DEVELOPMENT AUTHORITY. No. 635 (House Bill No. 924). An Act to create the Gainesville and Hall County 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: Section 1. This Act may be cited as the Gainesville and Hall County Development Authority. Short title. Section 2. There is hereby created a body corporate and politic to be known as the Gainesville and Hall 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 nine (9) members who shall be residents of Hall County within or without the corporate limits of the City of Gainesville, and not less than thirty (30) years of age at the time of appointment. In making the nominations and appointments of members of the Authority, not more than one member should be selected from any one family, partnership, or other business organization. The members shall be selected in the following Page 2283 manner: Immediately after the approval of this Act the directors of the Gainesville-Hall County Chamber of Commerce shall select and nominate persons for appointment and submit eight or more names to the county and eight or more names to the city. From such lists of nominees the commission of the City of Gainesville and the commissioners of Hall County each shall appoint four members of the Authority. The eight appointed members shall select a ninth member to serve a full term. For the first appointments the county and the city shall each appoint one person for one year, one for two years, one for three years, and one for four years. Thereafter all terms and appointments, except in case of a vacancy, shall be for four years. In the event any vacancy occurs in the county group, the county shall fill by appointment such vacancy for the unexpired term. In the event a vacancy occurs in the city group, the county shall fill by appointment such vacancy for the unexpired term. In making any appointment for a vacancy or after the expiration of a term the city and county shall request two nominations for each member to be appointed from the directors of the Chamber of Commerce. The governing authorities of the County of Hall and/or the City of Gainesville may, in their descretion, request the directors of the Chamber of Commerce to submit additional names before making the first appointments or any subsequent appointment to the membership of the Authority. If no nomination is made within ten days after such request, the appointment shall be made without any nomination. A member who has served a full four-year term shall not be eligible for reappointment until the lapse of one year after the expiration of his four-year term. The Authority shall elect a chairman, a vice-chairman and a secretary-treasurer, or a secretary and a treasurer. Neither the secretary nor the treasurer shall be required to be a member of the Authority. One city commissioner selected by the city commission and one county commissioner selected by the county commissioners shall be the ex-officio members of the Authority. The members of the Authority shall be entitled to no compensation. However, all members shall be reimbursed for actual expenses incurred in the performance of their duties. Created, etc. Page 2284 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 Gainesville and Hall County Devolopment 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 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 expense, 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 Hall and the City of Gainesville are expressly authorized to enter into contracts with the Authority as a public corporation. Contracts. Section 5. Any five members shall constitute a quorum for the transaction of the ordinary business of the Authority; however, any action with respect to any project of the Authority must be approved by not less than five affirmative votes. Quorum, etc. Section 6. The Authority shall have powers: Powers. (a) To have a seal and alter the same at pleasure. Page 2285 (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 Hall and the City of Gainesville. (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 Hall or the City of Gainesville, the governing authorities of Hall County and the City of Gainesville 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 sales of projects, or contracts with respect to the use of projects, which it erects or acquires. The County of Hall and the City of Gainesville 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 Page 2286 County of Hall or City of Gainesville, or from any contribution or loans by persons, firms, or corporations, all of which the Authority is hereby authorized to receive and accept and use. (h) To borrow money for any of its corporate purposes and to execute notes, mortgages, deeds to secure debt, trust deeds and such other instruments as may be necessary or convenient to evidence and secure such borrowing. (i) To exercise any power granted by the laws of the State of Georgia to public or private corporations, performing similar functions, which is not in conflict with the Constitution and laws of the State of Georgia. (j) To do all things necessary or convenient to carry out the powers expressly conferred by this Act. (k) To adopt, alter or repeal its own by-laws, rules and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the Authority may deem necessary or expedient in facilitating its business. (l) To issue revenue anticipation certificates for the purpose of paying all or any part of the cost of any project of the Authority. Such revenue anticipation certificates shall be issued and validated under and in accordance 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 debentures, notes, bonds, and revenue anticipation certificates issued by the Authority shall be exempt from State and local taxation. Bonds. 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 Hall or the City of Gainesville. Debts. Page 2287 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 Hall and the City of Gainesville. Audits. Section 10. This Act being for the purpose of developing and promoting the public good and the welfare of the County of Hall and the City of Gainesville 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 Proposed Legislation. The undersigned Representatives of Hall County will introduce at the next session of the General Assembly of Georgia which convenes January 13, 1964, a local bill to provide for putting into effect the provisions of Article VII, Section V, Paragraph I of the Constitution of Georgia, a constitutional amendment duly ratified and adopted at the General Election November, 1962, creating and establishing a body corporate to be known as the Gainesville and Hall County Development Authority. The Act will provide for the appointment of members of the Authority and prescribe their duties, powers and authority all in accordance with and pursuant to said Constitutional amendment creating the Gainesville and Hall County Development Authority. /s/ Howard T. Overby /s/ W. M. Williams Hall County Representatives January 10, 17, 24. Page 2288 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby and W. M. Williams, who, on oath, depose and say that they are Representatives 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 10, 17 and 24, 1964. /s/ Howard T. Overby /s/ W. M. Williams Representatives Hall County Sworn to and subscribed before me, this 29th day of January, 1964. /s/ Glenn W. Ellard Notary Public (Seal). Approved March 3, 1964. TOWN OF POOLERCHARTER AMENDED, REFERENDUM. No. 636 (House Bill No. 925). An Act to amend an Act granting a legislative charter for the Town of Pooler approved January 30, 1946 (Ga. L. 1946, p. 593), as amended, so as to authorize the taxation of gas companies; to change the millage rate which may be levied by the mayor and aldermen; to authorize a tax levy for retiring bonds for constructing and improving sewage systems; 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 granting a legislative charter for the Town of Pooler approved January 30, 1946 (Ga. L. 1946, p. Page 2289 593), as amended, is hereby amended by adding between the words railway and and in the second sentence of section 20 the following: , gas companies, and by adding between the words poles and on in said sentence the following: and installing their mains, and by striking from the third sentence of said section 1/2 of, and by striking in the fourth sentence of said section the following: 5 mills (1/2 of 1 per cent), and substituting in lieu thereof 10 mills (1 per cent), and by striking from the fifth sentence of said section the word five and substituting in lieu thereof the word ten, and by adding in the fifth sentence of said section between the words waterworks and or the following: , sewage systems, so that when so amended, said section shall read as follows: Section 20. Be it further enacted, that the said mayor and aldermen are also hereby vested with full power and authority to make such assessments and levy such taxes on the inhabitants of said city, and those holding taxable property within the same, and those who transact or offer to transact business therein, as said corporate authorities may deem expedient for the safety, welfare, benefit, convenience and advantage of said town and may enforce the payment of such assessment and taxes in such manners as said mayor and aldermen may prescribe. Besides real and personal property, the said corporate authorities may tax telegraph, telephone, railway, gas companies and light companies erecting their poles and installing their mains on the streets, lanes, public ways, or thoroughfares in the said city, the same to be reasonable compensation for the Page 2290 use of such streets, lanes, public ways and thoroughfares. The ad valorem tax which may be levied by authority of this section shall not exceed 1 per cent of the assessed value of the property taxed. The said tax levy shall be by ordinances duly passed and recorded, the total ad valorem tax not to exceed 10 mills (1 per cent). Provided, however, the said mayor and aldermen may levy such additional ad valorem tax, in excess of ten mills, as may be necessary to pay the interest and principal retirements of any duly authorized bonds, issued for the purpose of constructing or improving waterworks, sewage systems or paving and improving the streets, roads and highways of said town or any part thereof. Such levy shall be published before the door of the town hall of said town continuously for a period of at least (10) days immediately after the passage of the ordinance, and before the time appointed for the collection of such taxes. Section 2. Not less than five (5) nor more than fifteen (15) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and aldermen of the Town of Pooler, Chatham County to issue the call for an election for the purpose of submitting this Act to the voters of the Town of Pooler, Chatham County for approval or rejection. The mayor and aldermen shall set the date of such election for a day not less than five (5) nor more than sixty (60) days after the date of the issuance of the call. The mayor and aldermen shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Chatham County. The ballot shall have written or printed thereon the words: For approval of the Act changing the millage rate of tax for the Town of Pooler. Referendum. Against approval of the Act changing the millage rate of tax for the Town of Pooler. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection Page 2291 of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If less than a majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by the Town of Pooler. It shall be the duty of the mayor and aldermen to hold and conduct such election. They shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the mayor and aldermen to canvass the returns and declare and certify the result of the election. It shall be their further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia Chatham County Personally appeared before me Lloyd E. Eder to me known, who being by me sworn, deposes and says: That he is the vice president of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press; That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That said newspaper is of general circulation in said county and in the area adjacent thereto and is the newspaper designated and customarily used by the sheriff of Chatham County for the publication of advertisements and by the other officials and official bodies of and in said county for the publication of notices required by law; That he is authorized to make affidavits of publication on behalf of said publisher corporation and that the following advertisement, to-wit: Page 2292 State of Georgia, County of Chatham. To Whom it May Concern: Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the 1964 Session of the General Assembly of Georgia with the approval of the mayor and councilmen of the City of Pooler, Georgia, and amendment to the corporate charter of the Town of Pooler for legislation effecting the same, to fix the tax rate of ad valorem tax at 10 mills (1 per cent) of the assessed value of the property taxed in lieu of 5 mills (1/2 of 1 per cent). Allyn M. Wallace Town Attorney has been published in said Savannah Evening Press once a week for 3 weeks to-wit: in the regular issues of December 20, 27, 1963, January 3, 1964. /s/ Lloyd E. Eder Sworn to and subscribed before me this 17th day of January, 1964. /s/ Eleanor F. Carriere Notary Public, Chatham County, Ga. (Seal). Approved March 3, 1964. CITY OF SANDERSVILLECOMPENSATION OF MAYOR, ETC. No. 640 (House Bill No. 956). An Act to amend an Act incorporating the City of Sandersville, approved February 13, 1941 (Ga. L. 1941, p. 1692), as amended by an Act approved March 6, 1956 (Ga. L. 1956, p. 3067), an Act approved April 5, 1961 (Ga. L. 1961, p. 2867), and an Act approved April 5, 1961 (Ga. L. 1961, Page 2293 p. 2926), so as to increase the compensation of the mayor, mayor pro tem, and aldermen of the City of Sandersville; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Sandersville, approved February 13, 1941 (Ga. L. 1941, p. 1692), as amended by an Act approved March 6, 1956 (Ga. L. 1956, p. 3067), an Act approved April 5, 1961 (Ga. L. 1961, p. 2867), and an Act approved April 5, 1961 (Ga. L. 1961, p. 2926), is hereby amended by stricking the last sentence of section 7 in its entirety and inserting in lieu thereof the following: The mayor shall receive a salary of $1,200.00 per annum, payable in twelve equal monthly installments from the general funds of the City of Sandersville., so that when so amended section 7 shall read as follows: Section 7. Mayor and Aldermen, Qualifications : Be it further enacted by the authority aforesaid that no person shall be eligible to election to the office of mayor nor to office of alderman unless he shall have been a resident of said city for a period of one year prior to his election and immediately preceding election and shall be a qualified voter in election of City of Sandersville. The mayor shall receive a salary of $1,200.00 per annum, payable in twelve equal monthly installments from the general funds of the City of Sandersville. Section 2. Said Act is further amended by adding at the end of Section 21 the following: The mayor pro tem shall receive a salary of $480.00 per annum, payable in twelve equal monthly installments from the general funds of the City of Sandersville., so that when so amended section 21 shall read as follows: Section 21. Mayor Pro TemElectedActs When Be it further enacted by the authority aforesaid that at their Page 2294 first meeting on first Monday in September, after their election or as soon thereafter as practicable, the mayor and aldermen shall elect from their number a mayor pro tem, who in the absence of the mayor, shall act for the mayor in his stead and be clothed with the powers of the mayor. The mayor pro tem shall receive a salary of $480.00 per annum, payable in twelve equal monthly installments from the general funds of the City of Sandersville. Section 3. Said Act is further amended by striking section 32 in its entirety and inserting in lieu thereof a new section 32 to read as follows: Section 32. Aldermen's Compensation : Each alderman shall receive a salary of $300.00 per annum, payable in twelve equal monthly installments from the general funds of the City of Sandersville. If any alderman shall fail to attend any meetings for a full month, such alderman shall not receive any compensation for the month in which the meetings were missed. Section 4. 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 legislation, was published in the Sandersville Progress, on the following dates: January 9, 1964, January 16, 1964 and January 23, 1964. /s/ Jesse Mize Publisher of The Sandersville Progress Page 2295 Sworn to and subscribed before me this 23rd day of January, 1964. /s/ Thomas A. Hutcheson Notary Public Washington County, Georgia. My Commission expires May 25, 1965. (Seal). To Introduce Bill in Legislature. Georgia, Washington County. Notice is hereby given that I shall introduce a bill in the 1964 session of the General Assembly to amend the charter of the City of Sandersville by increasing the salaries of officials to the following amounts: mayor, $100.00; mayor pro-tem, $40.00; aldermen, $25.00 per month respectively. This request being unanimously made by mayor and council by motion passed on September 3, 1963. Anyone wishing to discuss the merits of this proposal is invited to contact me. /s/ T. C. Carr Representative Approved March 3, 1964. CITY OF LITHONIAOFFICE OF RECORDER. No. 641 (House Bill No. 971). An Act to amend an Act approved August 4, 1913, creating and establishing a new charter for the City of Lithonia in the County of DeKalb, and the several acts amendatory thereof by providing for the office of Recorder, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Page 2296 Section 1. That section 12 of the Act establishing a new charter for the City of Lithonia approved August 4, 1913, be and the same is hereby amended by striking the word Mayor's in line 13 and substituting in lieu thereof the word Recorder's; and by adding at the end of said section the words upon recommendation of the Recorder. Section 2. Be it further enacted, that section (13) shall be amended as follows: By striking in line 23 the word Mayor; by striking in line 26 the word Mayor and substituting in lieu each of the words stricken, the word, Recorder. Section 3. Be it further enacted that section (17) shall be amended as follows: By striking in line 1 the word, Mayor's and substituting in lieu thereof the word, Recorder's; by striking in line 17 the Recorder; by adding in line 18, just prior to the words mayor pro tem., the words Mayor or. Section 4. Be it further enacted that a new section shall be added, immediately following section (17), to be numbered section (18), and all succeeding sections of said Act shall be amended by re-numbering same in sequence. Section (18) as amended, shall read as follows: Be it further enacted, That the Recorder shall be electedetc. section (18) Be it further enacted, that the recorder shall be elected by the mayor and council of the City of Lithonia, and shall hold his office at the pleasure of the mayor and council, and shall be paid such salary as the mayor and council shall prescribe and fix. Said recorder shall be at least twenty-five (25) years of age, and shall have resided for one year next preceding his election in the City of Lithonia, and shall be a qualified voter therein, and shall not hold any other office in said city; and before entering upon the duties of his office, he shall take an oath before some officer authorized to administer oaths, that he will truly, faithfully and honestly discharge the duties of his office, to the best of his skill and ability without fear, favor or affection, reward or the hope thereof, and do even justice between the city and the accused. The recorder may be removed from office by the city council after trial and conviction had Page 2297 before the same, upon written charge of neglect of duty, malpractice in office, or other conduct unbecoming the station. The vote of a majority of the city council shall be necessary for such conviction and removal. The recorder when elected, shall be clothed with all the rights, powers and privileges of the mayor as to said recorder's court, and shall preside over said court. Section 5. Be it further enacted that section (19) shall be amended as follows: By adding in line 1 the words, Recorder or, immediately following the words, That the; by striking in line 3 the word, Mayor's and substituting in lieu thereof the word, Recorder's; by striking in line 10, the word Mayor and substituting in lieu thereof the word, Recorder. Section 6. Be it further enacted that section (20) shall be amended as follows: By adding in line 2 the words, And of the Recorder immediately following the words, Disqualification of the Mayor; by adding the words, and Recorder, immediately following the words, powers of the Mayor, in line 5; and at the end of line 5 by striking the word, Mayor's, and substituting in lieu thereof the word, Recorder's. Section 7. Be it further enacted that section (21) shall be amended as follows: By striking in line 5 the word, Mayor's, and substituting in lieu thereof the word, Recorder's. Section 8. Be it further enacted that section (22) shall be amended as follows: By striking in line 2 the word, Mayor's, and substituting in lieu thereof the word, Recorder's; by adding in line 8 the words, or Recorder, immediately following the words, duty of the Mayor; and by striking in line 15 the word, Mayor's and substituting in lieu thereof the word, Recorder. Section 9. Be it further enacted that section (23) shall be amended as follows: By adding to the end of said section the words, upon recommendation of the Recorder. Page 2298 Section 10. Be it further enacted that section (31) shall be amended as follows: By striking in line 15 the word, Mayor's, and substituting in lieu thereof the word, Recorder's. Section 11. Be it further enacted that section (46) shall be amended as follows: By striking in line 15 the word, Mayor's and substituting in lieu thereof the word, Recorder's. Section 12. Be it further enacted that section (48) shall be amended as follows: By adding in line 5 the word, Recorder, immediately prior to the word Mayor. Section 13. Be it further enacted that evidence of advertising as required by the Constitution of The State of Georgia is hereto attached and made a part hereof. Section 14. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned intend to apply for the passage of local legislation at the January, 1964 Session of the General Assembly of Georgia, as follows: An Act to amend the charter of the City of Lithonia, and the several acts amendatory thereof by providing for the office of recorder, and for other purposes. This 8th day of January, 1964. /s/ Jas. A. Mackay /s/ J. Robin Harris /s/ Guy W. Rutland, Jr. Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is Page 2299 general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher 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, and further avers that legal notice, a true copy of which is hereto attached, Intention to apply for local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being January 16, 23, and 30, 1964. /s/ Britt Fayssoux Sworn to and subscribed before me, this 30th day of January, 1964. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large My Commission Expires March 5, 1967. (Seal). Approved March 3, 1964. TOWN OF BARTOWHOURS OF HOLDING ELECTIONS. No. 642 (House Bill No. 983). An Act to amend an Act establishing a new charter for the Town of Bartow, approved August 12, 1914 (Ga. L. 1914, p. 430), as amended, so as to change the hours for holding all elections of the Town of Bartow, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An act establishing a new charter for the Town of Bartow, approved August 12, 1914, (Ga. L. 1914, p. 430), as amended, is amended by striking therefrom subparagraph (c) of section 6 thereof, and substituting therefor a new sub-paragraph (c) of section 6, as follows: Page 2300 (c) The hours for holding all elections shall be from 7:00 a.m. to 7:00 p.m. according to the legal time prevailing in the State of Georgia. Section 2. All laws and parts of law in conflict with this act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced in the ensuing 1964 Session of the General Assembly of Georgia a local bill to amend an Act establishing a new charter for the Town of Bartow, approved August 12, 1914, (Ga. L. 1914, p. 430), as amended, so as to change the election hours of the Town of Bartow from 9:00 a.m. to 3:30 p.m., to 7:00 a.m. to 7:00 p.m., to repeal conflicting laws, and for other purposes. /s/ 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 of Jefferson County, Georgia, are published, and that the attached notice of local legislation was published in said newspaper in its issues of January 9, 1964, January 16, 1964, and January 23, 1964, as provided by law. This 27th day of January, 1964. /s/ Virginia P. Price Sworn to and subscribed before me: /s/ James C. Abbot Notary Public (Seal). Approved March 3, 1964. Page 2301 CITY OF MOULTRIECORPORATE LIMITS. No. 643 (House Bill No. 992). An Act to amend the charter of the City of Moultrie approved March 3, 1943, (Ga. L. 1943, pp. 1458, et seq.), as amended by the several subsequent Acts: to define the corporate limits of said city: to repeal conflicting laws: and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that section 2 of the Act entitled An Act to create and establish a new charter for the City of Moultrie; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits proper of said city; and to confer extraterritorial jurisdiction upon said city with certain adjacent territory; to convey power upon said city to pass ordinances and regulations for the zoning of said city to provide that no valid or existing ordinances rule or regulation of the former corporation nor any contract made or right acquired under the same shall be affected by this Act; and for other purposes approved March 3, 1943, and published in Georgia Laws, 1943, pages 1458 through 1499 inclusive, and the several Acts amendatory thereof be and the same are hereby amended by striking same and inserting in lieu thereof the following: Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of the City of Moultrie be such as to include and embrace therein all the area lying within the following boundary lines: Begin at the original southwest corner of land lot number 337 in the 8th land district of Colquitt County, Georgia and from said point of beginning run east along the south line of said land lot number 337 4250 feet, more or less, to the east margin of the right of way of the Georgia Northern Railroad, thence run in a northerly direction along the east margin of the right of way of the Georgia Northern Railroad 8220 feet, more or less, to the old south city limits line as defined in the Acts of 1943, Ga. L. 1943, pages 1458 Page 2302 et seq., which old south city limits line lies 5860 feet south of and parallel to a straight line running east and west through the center of the county courthouse square, thence run east along said old south city limits line 2200 feet, more or less, to the old southeast corner of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pages 1458, et seq., which point is the point of intersection of said old south city limits line with the old east city limits line, which said line was three-quarters of a mile east of and parallel to a straight line running north and south through the center of the county courthouse square, thence run north along said old east city limits line 1000 feet, more or less, to the south original lot line of land lot number 292 in the 8th land district of Colquitt County, thence run east along the south original lot lines of land lots numbers 292, 293 and 294 in the 8th land district of Colquitt County a distance of 10,575 feet, thence run north parallel with said old east city limits line a distance of 4530 feet, thence run west parallel with the south lot lines of said lots 294 and 293 a distance of 6000 feet, more or less, to the east original lot line of land lot number 261 in the 8th land district of Colquitt County, thence run north along the east original lot line of said land lot number 261 4000 feet, more or less, to its intersection with an extension eastward of the old north city limits line of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pages 1458 et seq. which line lies three-quarters of a mile north of and parallel to a straight line running east and west through the center of the county courthouse square, thence run west along said extension of the old north city limits line and the old north city limits line 8000 feet, more or less, to a point 610 feet east of the intersection of said line with the east margin of north Main Street, thence run north perpendicular to said old north city limits line 2960 feet, thence run west parallel with said old north city limits line 1100 feet, more or less, to the east margin of the old Moultrie-Sylvester State Highway, thence run in a southerly direction along the east margin of said Old Moultrie-Sylvester State Highway and North Main Street extended a distance of 2550 feet, more or less, to the south margin of the right of way of the Georgia Northern Railroad, thence run in a northwesterly Page 2303 direction along the south margin of the right of way of the Georgia Northern Railroad 175 feet to a point which is 150 feet west of the west margin of North Main Street extended measuring perpendicular thereto, thence run south parallel with the west margin of said North Main Street extended a distance of 600 feet to a point 150 feet west of the west margin of North Main Street on said old north city limits line, thence run west along said old north city limits line 750 feet, more or less, to the east margin of the right of way of Moultrie-Albany State Highway Number 133, thence run northwesterly along the east margin of said State Highway Number 133 a distance of 2200 feet, thence run west parallel with said old north city limits line a distance of 4900 feet, thence run south parallel with the old west city limits line of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pages 1458 et seq., which old west city limits line was located three-quarters of a mile west of and parallel to a straight line running north and south through the center of the county courthouse square, to a point 1000 feet from the center line of the Moultrie-Camilla State Highway Number 37 measured along a line perpendicular to the center line of said highway, thence run in a northwesterly direction along a line parallel to and 1000 feet north of the center line of said Moultrie-Camilla State Highway a distance of 4150 feet, more or less, to the center line of Hamilton Road in Camilla Heights subdivision, thence run south along the center line of said Hamilton Road a distance of 1000 feet to the center line of said Moultrie-Camilla State Highway, thence continue in a southerly direction along an extension of the center line of said Hamilton Road a distance of 500 feet, thence run in a southeasterly direction along a line parallel to and 500 feet south of the center line of said Moultrie-Camilla State Highway a distance of 4800 feet, more or less, to its intersection with a line parallel to and 3400 feet West of the old west city limits line as defined by the Acts of 1943, Ga. L. 1943, pages 1458 et seq., thence run south along said line a distance of 6800 feet, more or less, to its intersection with the old south city limits line extended west 3400 feet, thence run in a southeasterly direction in line with the southwest corner of the Franklin subdivision, which point is on the north Page 2304 margin of the Moultrie-Meigs Post Road 511 feet west of the intersection of the north margin of said road and the east original lot line of land lot number 336 in the 8th land district of Colquitt County, a distance of 7200 feet, more or less, to its intersection with an extension of the north line of lands of Carlton Duggan, which point is 480 feet, more or less, from said southwest corner of the Franklin subdivision, thence run south 59 degrees west 559 feet, thence run south 28 degrees 30 minutes east 30 feet, thence run south 59 degrees west 30 feet to the west margin of lands of Carlton Duggan, thence run south 28 degrees 30 minutes east 270 feet to the north margin of the right of way of the Moultrie-Meigs Post Road, thence run in an easterly direction along the north margin of the right of way of said Moultrie-Meigs Post Road 508 feet, thence run Southeast across said Moultrie-Meigs Post Road and along the west margin of lands of R. M. Carlton 550 feet, thence run north-east parallel with the south margin of the Moultrie-Meigs Post Road 600 feet, more or less, to the west original lot line of land lot number 337 in the 8th land district of Colquitt County, thence run south along the west original lot line of said lot 337 a distance of 3150 feet to the southwest corner of said land lot and the point of beginning; except that there shall not be included in said City of Moultrie that area encompassed within the present corporate limits of the Town of Riverside. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Notice of Local Bill. Notice is hereby given of intention to apply for the passage at the present session of the General Assembly of Georgia of a local bill to amend An Act to create and establish a new charter for the City of Moultrie approved March 3, 1943, (Ga. L. 1943, pp. 1458-1498), and Acts amendatory thereof, and to define said limits of said city, and for other purposes. Page 2305 Georgia, Colquitt County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frances Allen Nussbaum, who, on oath, deposes and says that she is the publisher of the Weekly Moultrie Observer which is the official organ of said county, and that the attached copy of notice was published in the Weekly Moultrie Observer on the following dates: January 17, 1964, January 24, 1964 and January 31, 1964. /s/ Frances A. Nussbaum Sworn to and subscribed before me, this 31st day of January, 1964. /s/ Mabel C. Potts Notary Public, Colquitt County, Georgia. My Commission Expires March 20, 1964. (Seal). Approved March 3, 1964. CITY OF MOULTRIETAX RATE FOR SCHOOLS, REFERENDUM. No. 644 (House Bill No. 993). 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 Page 2306 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 section, when so amended, shall read as follows: Section 24. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the city government, the council of said city shall have full power and authority, and shall prescribe by ordinance for the assessment and collection of an ad valorem tax on real estate and personal property within the corporate limits of said city, which is subject to taxation according to the laws of the State, said tax not to exceed one per cent, upon the value of said property for ordinary current expenses; and for the establishment, maintenance and support of the public schools the council shall, upon a recommendation by a two-thirds vote of all members of the board of school commissioners of said city, levy and collect annually, an ad valorem tax not to exceed fifteen mills on all taxable Page 2307 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. School tax rate. Section 2. On a date between April 15, 1964, and October 30, 1964, inclusive, it shall be the duty of the Board of Education of the City of Moultrie to hold an election for the purpose of submitting this Act to the voters of the City of Moultrie for approval or rejection. It shall be the duty of said Board to issue the call for such election and set the date thereof at least fifteen (15) days prior to the date of such election. The board 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. 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 more than one-half 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 board. It shall be the duty of the board to hold and conduct such election. The board 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 to canvass the returns and declare and certify the result of the election. It shall be its further duty to certify the result thereof to the Secretary of State. Page 2308 Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. The Moultrie Board of School Commissioners 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 maximum allowable school tax rate. Georgia, Colquitt County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frances Allen Nussbaum, who, on oath, deposes and says that she is the publisher of the Weekly Moultrie Observer which is the official organ of said county, and that the attached copy of notice of local bill was published in the Weekly Moultrie Observer on the following dates: January 17, 1964, January 24, 1964 and January 31, 1964. /s/ Frances A. Nussbaum Sworn to and subscribed before me this 31st day of January, 1964. /s/ Mabel C. Potts Notary Public, Colquitt County, Georgia. My Commission Expires March 20, 1964. (Seal). Approved March 3, 1964. Page 2309 SALARIES OF NAMED OFFICERS IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 250,000 AND NOT MORE THAN 500,000 PERSONS. No. 645 (House Bill No. 1004). An Act to fix, prescribe and establish compensation and/or salaries of certain elected county officials of and in counties having a population of not less than 250,000 and not more than 500,000 according to the 1960 United States Decennial Census or any future such decennial census, including the ordinary, clerk of superior court, sheriff and tax commissioner, for the year 1964 and future years; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage and approval of this Act, in counties having a population of not less than 250,000 and not more than 500,000 according to the 1960 United States Decennial Census or any future such decennial census, the salaries and/or compensation of the elective county officers, as named hereafter, shall be as follows: Ordinary $12,000.00 per year Clerk of the Superior Court, whether he be ex officio clerk of other courts or not $12,000.00 per year Sheriff $12,000.00 per year Tax Commissioner $12,000.00 per year Provided, nevertheless, that said salaries of the various officials herein fixed shall be paid in equal monthly installments and shall be their sole compensation, and all fees and commissions accruing after the effective date of this Act are hereby abolished so far as the same constitute the compensation of said officers, but the same schedule of fees, commissions and costs prescribed under existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the treasury of said county. Page 2310 Provided, further, that the salary of any person who has held any of the above offices (Ordinary, Clerk of Superior Court, Sheriff or Tax Commissioner) in said counties for a period of not less than ten (10) years nor more than twenty (20) years shall be increased by the further sum of $1,200.00 per year, making a total salary of $13,200.00 per year for such officers. Provided, further, that the salary of any person who has held any of the above offices (Ordinary, Clerk of Superior Court, Sheriff or Tax Commissioner) in said counties for a period in excess of twenty (20) years shall be increased by the further sum of $2,400.00 per year, making a total salary of $14,400.00 per year for such officers. Provided, further, that should any of the above named county officers receive and retain any fees or compensation whatsoever from the State of Georgia or any political subdivision thereof other than the counties in which they hold office 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 or compensation received and retained by him so that the salaries herein fixed shall be the sole compensation received by the above named county officers by virtue of their office whether such county officer acts in his capacity as an officer of the county or as an agent or officer of the State of Georgia or any other political subdivision thereof. Section 2. That the salaries established herein shall be effective as of January 1, 1964. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 3, 1964. Page 2311 CITY OF DOUGLASVILLEELECTIONS. No. 646 (House Bill No. 1006). An Act to amend an Act creating a new charter for the City of Douglasville, approved March 1, 1937 (Ga. L. 1937, p. 1737), as amended, particularly by an Act approved February 19, 1951 (Ga. L. 1951, p. 2458), so as to change the date on which the election for mayor and members of council shall be held; 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 Douglasville, approved March 1, 1937 (Ga. L. 1937, p. 1737), as amended, particularly by an Act approved February 19, 1951 (Ga. L. 1951, p. 2458), is hereby amended by striking section 6 in its entirety and substituting in lieu thereof a new section 6 to read as follows: Section 6. Be it further enacted by the authority aforesaid, that the municipal government of said city shall be vested in a mayor and seven (7) councilmen, three (3) councilmen from the city at large and one (1) councilmen from each of the four (4) wards of the City of Douglasville, whose qualification and manner of election are hereinafter prescribed, and that the present mayor and councilmen of the said City of Douglasville, together with all subordinate officers elected by said mayor and council, subject to right of mayor and council to remove, with or without cause, shall continue in office until their successors have been elected and qualified, as herein provided. An election shall be held annually in said city, at such place or places as may be designated by the mayor and council, on the first Wednesday in December. On the first Wednesday in December, 1964, and biennially thereafter, four (4) councilmen shall be elected to serve for two (2) years and until their successors are elected and qualified, of these four (4) councilmen, one (1) shall be elected from each of the four (4) wards of said city. On the first Wednesday in December, 1965, and biennially thereafter, a mayor and (3) councilmen Page 2312 from the city at large shall be elected to serve for two (2) years and until their successors are elected and qualified. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that there will be introduced at the January 1964 Session of the General Assembly of Georgia a bill to provide that the general election date for the City of Douglasville shall be on the first Wednesday in December, and for other purposes. /s/ A. A. Fowler, Jr. Representative, Douglas County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. A. Fowler, Jr., who, on oath, deposes and says that he is Representative from Douglas County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel, which is the official organ of said county, on the following dates: January 16, 23 30, 1964. /s/ A. A. Fowler, Jr., Representative, Douglas County Sworn to and subscribed before me, this 4th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia, State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved March 3, 1964. Page 2313 CITY OF DOUGLASVILLECITY MANAGER. No. 647 (House Bill No. 1007). An Act to amend an Act creating a new charter for the City of Douglasville, approved March 1, 1937 (Ga. L. 1937, p. 1737), as amended, so as to authorize the mayor and council to employ a city manager; 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 Douglasville, approved March 1, 1937 (Ga. L. 1937, p. 1737), as amended, is hereby amended by adding between sections 17 and 18 a new section to be numbered section 17A and to read as follows: Section 17A. The mayor and council of the City of Douglasville are hereby authorized to employ a city manager who shall serve at the pleasure of the mayor and council. He shall have such duties as the mayor and council shall provide, including whatever duties, powers and authority possessed by the mayor and council they desire to delegate to him. Any such delegation may be withdrawan at any time. The mayor and council shall fix the compensation of the city manager. 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 1964 Session of the General Assembly of Georgia, a bill giving the governing authorities of the City of Douglasville the authority to amend the charter of the City of Douglasville to allow the governing authorities to employ a city manager should they so desire, and for other purposes. /s/ A. A. Fowler, Jr., Representative, Douglas County, Georgia. Page 2314 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. A. Fowler, Jr., who, on oath, deposes and says that he is Representative from Douglas County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel, which is the official organ of said county, on the following dates: January 16, 23 and 30, 1964. /s/ A. A. Fowler Representative, Douglas County Sworn to and subscribed before me, this 4th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved March 3, 1964. WILKINSON COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 648 (House Bill No. 1009). An Act to consolidate the offices of tax receiver and tax collector of Wilkinson County into the one office of tax commissioner of Wilkinson 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 date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Page 2315 Be it enacted by the General Assembly of Georgia: Section 1. Effective as provided hereinafter, the offices of tax receiver and tax collector of Wilkinson County are hereby consolidated and combined into the one office of tax commissioner of Wilkinson County. The rights, duties and liabilities of said office of tax commissioner shall be the same as those imposed upon tax receiver 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 Wilkinson County is held in 1968, and the person so elected take office on January 1, 1969, 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 Wilkinson County shall continue in office through December 31, 1968. 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. Terms, etc. Section 3. All taxes due and payable at the time the tax commissioner takes office, shall continue to be due and payable until paid. All tax fi fas theretofore issued shall have full force and effect and be collectible as issued. Intent. Section 4. The tax commissioner of Wilkinson County shall, in addition to any compensation derived through commissions for the issuance of motor vehicle license plates as provided in an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, and the percentage commission derived for collecting certain taxes as provided in an Act approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. (Ann. Code section 92-5304), receive a salary in the sum of $7,000.00 per annum to be paid in equal monthly installments. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the tax collector of Wilkinson County, Page 2316 Georgia. The tax commissioner of Wilkinson County is authorized to employ an assistant as he deems necessary, and to prescribe his or her duties. The clerical assistant employed by the tax commissioner shall be reasonably compensated. The County of Wilkinson shall pay from the general funds of Wilkinson County a sum to said clerical assistant, not to exceed three thousand ($3,000.00) dollars per annum. The amount to be paid out of the said county funds shall be paid in equal monthly installments directly to said clerical assistant. The said clerical assistant shall serve at the pleasure of the tax commissioner, and the tax commissioner shall have the right to discharge any such clerical assistant and to employ a successor to said clerical assistant. Compensation, etc. Section 5. The tax commissioner shall be furnished an office including utilities in the Wilkinson 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 not be required to 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 and bond. Section 7. It shall be the duty of the ordinary of Wilkinson County to submit this Act to the voters of said county for approval or rejection. The referendum election therefor shall be held on the same day as the general election is held for county officers on Tuesday after the first Monday in November 1964. 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 Wilkinson County. The ballot shall have written or printed thereon the words: For approval of the Act consolidating the offices of tax Page 2317 collector and tax receiver of Wilkinson County into the one office of tax commissioner of Wilkinson County. Referendum. Against approval of the Act consolidating the offices of tax collector and tax receiver of Wilkinson County into the one office of tax commissioner of Wilkinson 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 more than one-half 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 Wilkinson 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. Georgia, Wilkinson County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Brooks Lewis, who, on oath, deposes and says that he is representative from Wilkinson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News, which is the official organ of said county, on the following dates: Thursday, the 9th day of January, 1964; Thursday, the 16th day of January, 1964; and Thursday, the 23rd day of January, 1964. /s/ E. Brooks Lewis Representative, Wilkinson County. Page 2318 Sworn to and subscribed before me, this 3rd day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that I shall introduce a bill in the 1964 session of the General Assembly to consolidate the offices of tax receiver and tax collector of Wilkinson County into the one office of tax commissioner of Wilkinson County; 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 date; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 8th day of January, 1964. E. Brooks Lewis Representative from Wilkinson County Approved March 3, 1964. TOWN OF IVEYAD VALOREM TAX RATE. No. 649 (House Bill No. 1011). An Act to amend an Act creating a new charter for the Town of Ivey, approved February 13, 1950 (Ga. L. 1950, p. 2337) so as to provide that the tax upon all property, both real and personal, within the limits of the town shall not exceed fifteen (15) mills ad valorem; to repeal any and all laws in conflict herewith; and for other purposes. Page 2319 Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating and establishing a charter for the Town of Ivey, approved February 13, 1950 (Ga. L. 1950, p. 2337), is hereby amended by striking therefrom in the first sentence of section 29 the words not to exceed one mill ad valorem, and substituting the words and figures not to exceed fifteen (15) mills ad valorem, so that when so amended section 29 shall read as follows: Tax rate. Section 29. Said Town of Ivey shall have the right, power and authority to assess, levy and collect a tax upon all property, both real and personal, within the limits of the town, not to exceed fifteen (15) mills ad valorem, and the valuation of all property for purposes of taxation by the City of Ivey shall not be greater than the valuation that is placed upon the said property by the County of Wilkinson for tax purpose, to levy and collect a specific or occupation tax upon all business, occupations, professions, callings or trades, public or private, exercised within the town, as may be deemed just and proper, and upon franchises; to fix and collect a license upon theatrical exhibitions, circuses and shows of all kinds, on the sale of spirituous or malt liquors (if the sale thereof is not prohibited by law), and on drays and hacks, hotels, boarding houses, restaurants, fish stands, billiard, pool and other kind tables, ten pin alleys and similar devices, butcher shops, livery stables, auctioneers, and upon all other classes or kinds of business, legitimately coming within the police power of the town, as may be just and reasonable; and to fix and collect a specific or occupation tax upon the agency of any railroad, express, telegraph, telephone, or electric light company, or other similar corporations. The taxing power of the town, except as limited by law, shall be as general, complete and full as that of the State itself. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Wilkinson County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Brooks Lewis, Page 2320 who, on oath, deposes and says that he is representative from Wilkinson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News, which is the official organ of said county, on the following dates: Thursday, the 16th day of January, 1964; Thursday, the 23rd day of January, 1964; and Thursday, the 30th day of January, 1964. /s/ E. Brooks Lewis Representative, Wilkinson County. Sworn to and subscribed before me, this 3rd day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce at the 1964 session of the General Assembly of Georgia a local bill amending an Act creating and establishing a charter for the Town of Ivey, approved February 13, 1950, (Ga. L. 1950, p. 2337) so as to provide that the tax upon all property, both real and personal, within the limits of the town shall not exceed fifteen (15) mills ad valorem; to repeal any and all laws, in conflict herewith; and for other purposes. This 16th day of January, 1964. E. Brooks Lewis Representative, Wilkinson County. Approved March 3, 1964. Page 2321 MUSCOGEE COUNTYSALARIES OF COMMISSIONERS OF ROADS AND REVENUES. No. 650 (House Bill No. 1028). An Act to amend an Act approved August 24, 1872, creating the board of commissioners of roads and revenues of Muscogee County and its several amendatory Acts by changing the salary of the members of the board of Commissioners of roads and revenues of Muscogee County, Georgia, and by creating a salary for the chairman of the board of commissioners of roads and revenues of Muscogee County, Georgia; to repeal all laws in conflict 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, as follows: Section 1. That the Act approved August 24, 1872, creating the board of commissioners of roads and revenues of Muscogee County, Georgia, and its several amendatory Acts, be, and is hereby further amended, by providing that each member of the board of commissioners of roads and revenues of Muscogee County, Georgia, except the chairman of said board, shall receive a salary of three thousand six hundred and no/100 dollars ($3,600.00) per annum, payable on the first day of each month in equal monthly instalments of $300.00. Members. Section 2. That the Act approved August 24, 1872, creating the board of commissioners of roads and revenues of Muscogee County, Georgia, and its several amendatory Acts, be, and is hereby further amended, by providing that the chairman of the board of commissioners of roads and revenues of Muscogee County, Georgia, shall receive a salary of four thousand eight hundred and no/100 dollars ($4,800.00) per annum, payable on the first day of each month in equal monthly instalments of $400.00. Chairman. Section 3. That the salaries herein provided shall become effective upon approval of this Act. Page 2322 Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Section 5. Notice of intention to apply for the passage of this bill has been published in The Columbus Ledger, the newspaper in which the sheriff's advertisements of Muscogee County, Georgia, are published, once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly. Attached hereto is a copy of said notice certified to by the publisher of said newspaper. Georgia, Muscogee County: This is to certify that the foregoing and attached copy of notice of intention to apply for the passage of a local bill at the 1964 session of the General Assembly of Georgia, by amending the Act creating the board of commissioners of roads and revenues of Muscogee County, Georgia, has been published as provided by law, once a week for three weeks, namely, January 18, 1964; January 25, 1964, and February 1, 1964, in the Columbus Ledger, the newspaper in which the Sheriff's advertisements for Muscogee County are published. This the 3rd day of February, 1964. /s/ M. R. Ashworth, Publisher, The Columbus Ledger, Columbus, Georgia Sworn to and subscribed before me, this the 3rd day of February, 1964. /s/ Martha Land Kinchen Notary Public, Muscogee County, Georgia My Commission expires April 30, 1967. (Seal). Notice of Local Legislation. Georgia, Muscogee County. Notice is hereby given that application will be made at the 1964 Session of the General Assembly of Georgia, which Page 2323 convened in January, 1964, for the passage of a local bill to amend an Act approved August 24, 1872, creating the board of commissioners of roads and revenues of Muscogee County and its several amendatory Acts by changing the salary of the members of the board of commissioners of roads and revenues of Muscogee County, Georgia, and by creating a salary for the chairman of the board of commissioners of roads and revenues of Muscogee County, Georgia; to repeal all laws in conflict thereof; and for other purposes. This the 15th day of January, 1964. /s/ Charles M. Evert Attorney, Muscogee County, Georgia Approved March 3, 1964. CITY OF ATLANTACOMPENSATION OF PERSONNEL BOARD. No. 651 (House Bill No. 1041). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the Act set forth in the caption to this Act be and the same is hereby further amended, as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the Sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the Page 2324 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. By striking section 2 of the amendatory Act, approved March 2, 1953, (Ga. L. Jan.-Feb. Sess. 1953, p. 2827 et seq.) reading as follows: Section 2. The members of the personnel board shall be paid at the rate of fifteen ($15.00) dollars per diem for time actually devoted to the business of the board, but no member shall be paid for more than thirty-six (36) days of service in any one year., by inserting in lieu thereof a new section 2 to read as follows: Section 2. The members of the personnel board shall be paid at the rate of twenty-five ($25.00) dollars per board meeting, but no member shall be paid for more than thirty-six (36) board meetings in any one year. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Jack B. Etheridge, 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 2325 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 1964 session of the General Assembly of Georgia, which convenes on Monday, January 13, 1964, 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. /s/ Henry L. Bowden, City Attorney City of Atlanta This 5th day of February, 1964. /s/ Jack B. Etheridge Sworn to and subscribed before me, this the 5th day of January, 1964. /s/ J. Ralph McClelland, Jr. Notary Public, Fulton County, Georgia. (Seal). Approved March 3, 1964. CITY OF EPHESUS INCORPORATED. No. 652 (House Bill No. 1106). An Act to incorporate the City of Ephesus in the County of Heard; to provide for the general powers of said city; 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 Page 2326 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 runoff elections in said city; to provide for qualification and registration of voters in said city; to provide for a recorder's court in said city, and the procedure in such court; to provide for ad valorem taxation by said city, and the procedure in connection therewith; to provide for licensing and regulation of trades and occupations; to provide for the maintenance and construction of streets, roads and sidewalks in said city; to provide for the maintenance and establishment of utility systems in said city, and the collection of charges in connection therewith; to provide for the creation and alteration of a fire district in said city; to provide for planning and zoning regulations in said city; to provide for condemnation of private property by said city; to authorize said city to contract debts and issue bonds; to expressly enumerate certain powers of said city; to provide that the powers enumerated in this Act shall not be restrictive; to provide restrictions upon the sale of property by said city; to provide that said city shall operate upon a cash basis, and that all debts for current operating expenses shall be paid in the fiscal year in which incurred; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The City of Ephesus in the County of Heard is hereby incorporated under the name and style of the City of Ephesus. Said city 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 Ephesus shall have all the rights, powers and privileges to purchase, acquire by gift, lease or otherwise Page 2327 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. Incorporated. Section 2. The corporate limits of the City of Ephesus shall include all that tract and parcel of land hereinafter described: Corporate limits. Beginning at a point where the southwest corner of the property of the Ephesus School intersects Georgia Highway No. 100, also known as Main Street, and from said point, thence running in a southerly direction along the center line of Main Street (Georgia 100), one and four-tenths (1.4) miles to a point one-eighth ([UNK]) mile south from the center of Yates Street, said tract of land being one-fourth () mile in width, one-eighth ([UNK]) mile east of the center of said Main Street (Georgia 100) and one-eighth ([UNK]) mile west of the center of Main Street (Georgia 100); thence from said original point of beginning running in a northerly direction to Veal Street; thence continuing in an easterly direction up Veal Street to Cook Street, said distance being one and seven-tenths (1.7) miles from the point of beginning, said tract being one-fourth () mile in width, and being one-eighth ([UNK]) mile from the center of said Main Street (Georgia 100) and Veal Street to the west and east, and on Veal Street one-eighth mile ([UNK]) to the north and south. Thence beginning at the intersection of Roger Street with Main Street (Georgia 100) and running down said Roger Street to its intersection with Hopewell Street. Thence beginning at the intersection of Main Street (Georgia 100) with Hopewell Street, and running in an Page 2328 easterly direction along the center line of Hopewell Street one (1) mile, said tract being one-fourth () mile in width, one-eighth ([UNK]) mile to the north of the center of said Hopewell Street and one-eighth ([UNK]) mile south of the center of Hopewell Street. Thence beginning at the point of intersection of Robinson Street with Main Street (Georgia 100) at the center line of Main Street (Georgia 100), and thence running in a westerly direction out Robinson Street 1188 feet, said tract being one-fourth () mile in width, one-eighth ([UNK]) mile to the north and one-eighth ([UNK]) mile to the south of the center of Robinson Street. Thence beginning at a point where Thomas Street intersects the center line of Main Street (Georgia 100); thence running in a westerly direction 1980 feet to a point, said tract being one-fourth () mile wide, one-eighth ([UNK]) mile on the north of said Thomas Street, and one-eighth ([UNK]) mile on the south of said Thomas Street. Beginning at a point where Rollins Street intersects the center line of said Main Street (Georgia 100) and thence running in a westerly direction along the center line of Rollins Street 1188 feet to a point, said tract of land being one-fourth () mile in width, one-eighth ([UNK]) mile north of said Rollins Street and one-eighth ([UNK]) mile south of said Rollins Street. Thence beginning at a point where Laster Street intersects said Veal Street and running thence in a northwesterly direction along the center line of said Laster Street 1188 feet to a point, said tract being one-fourth () mile in width, same being one-eighth ([UNK]) mile north of said Laster Street and one-eighth ([UNK]) mile south of said Laster Street. Section 3. The government of the City of Ephesus 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 Page 2329 and the officers of said city are faithful in the discharge of their duties. He shall cause the books and records of said city and of its officers to be inspected; and shall have control of the marshal and police force of said city, and may appoint special police officers whenever he deems necessary. He may exercise within the corporate limits of said city, all the powers conferred on a sheriff or constable to keep the peace and suppress riot and disorder, and to that end shall have power, when necessary in his opinion, to call on every male inhabitant of said city over eighteen (18) years of age to aid in suppressing riot and disorder and in enforcing the laws of said city. He shall have the right to hire all city employees subject to the approval of the council, and he may discharge any city employees without the necessity of obtaining approval of the council. (B) The council of the City of Ephesus 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) of the members of the council. The council shall fix an annual budget for the city and approve all expenditures made by the city. The council, upon the advice of the mayor, shall prescribe the compensation for all city employees. (C) There shall be a recorder who shall be elected at the same time as the mayor and councilmen as provided for hereinafter. The recorder shall perform all duties usually devolving upon city clerks and city treasurers. Section 4. The council shall meet in regular session upon the second Saturday 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 Page 2330 shall, in the event of the disability or disqualification of the mayor, perform all the duties and exercise all the rights and powers and privileges of the office of mayor. Meetings. Section 5. To be eligible to be mayor of the City of Ephesus, a person shall be at least twenty-five (25) years of age, the owner of real property in the corporate limits of said city, possess a high school education, shall have resided in the City of Ephesus a period of at least two (2) years and shall be a registered, qualified voter of the State of Georgia and of the City of Ephesus. 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 Ephesus for a period of at least one (1) year and a registered, qualified voter of the State of Georgia and the City of Ephesus. Should the mayor or any councilman during his or their term of office remove his residence from the limits of said city or cease to be a bona fide resident thereof, his or their office shall thereby become vacant. Qualifications. Section 6. The mayor and councilmen shall receive no compensation for their services. However, they shall be reimbursed for actual expenses incurred on official business of the city. The mayor and councilmen shall fix such compensation for the recorder as they shall deem wise. Compensation. Section 7. The first election for mayor and councilmen of said city held under this Act shall be held on the second Saturday in April, 1964. At that time there shall be elected a mayor and five (5) councilmen and a recorder who shall take office immediately upon their election and take the oath as prescribed hereinafter. After the first election to be held in 1964, there shall be an election on the third Saturday in June of each even numbered year for the mayor and the councilmen of the City of Ephesus and the recorder. All persons elected at such election shall take office on July 1, next following their election and serve for a term of two (2) years, or until their successors are elected and qualified. For the regular biennial elections, a person shall qualify with the recorder of said city during the period from fifteen (15) days prior to the first Saturday in June of each even numbered year until twelve (12) o'clock noon on Page 2331 the first Saturday in June of each even numbered year. Before qualifying, candidates for mayor shall pay to the recorder a qualification fee of $10.00 and candidates for councilmen and recorder shall pay to the recorder a qualification fee of $5.00. Terms, etc. Section 8. In the event that the office of mayor or of councilman or recorder of the City of Ephesus should become vacant by death, resignation, removal or otherwise, said vacancy shall be filled by an election ordered by the council to take place not more than forty (40) days from the time such vacancy occurs under the same rules and regulations that govern regular elections in said city. In the event such vacancy in the office of mayor occurs within six (6) months preceding the expiration of term of office of said mayor, then in that event, the said vacancy shall be filled by the mayor pro tem. for the remainder of the term; and provided, further, in event such vacancy should occur within six (6) months prior to a regular biennial election to be held on the third Saturday in June, then, in that event no special election shall be called or held, and vacancy shall be filled by mayor pro tem., who shall serve until such regular biennial election, and the vacancy shall be filled by election of a mayor for the remainder of the unexpired term. To be eligible for election in any special election authorized by this section, a person shall qualify with the recorder not less than ten (10) and not more than twenty (20) days prior to the date of the election. In the event that the council cannot for want of a quorum or any other reason call the elections authorized by this section, it shall be the duty of the ordinary of Heard County to issue the call for the elections. Section 9. The mayor and councilmen and recorder first elected under this Act shall take office immediately. The mayor and councilmen and recorder elected at subsequent elections in said city shall take office on July 1 of the year of their election. The mayor and councilmen shall be installed in their office by taking and subscribing the following oath: I do solemnly swear that I will faithfully discharge the duties devolved upon me as Mayor or Councilman (as the Page 2332 case may be) of the City of Ephesus; that I will faithfully execute and enforce the laws of said City to the best of my ability, skill and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of said City and common interest thereof. Oath, etc. Section 10. Should any election held in and for said city under the provisions of this Act result in a tie vote, then in that event, the council of said city shall call a special election within ten (10) days; and said special election shall be held in the same manner as any other election, except that no person shall be a candidate in said special election other than those who received the same number of votes in the prior election; and no person shall be allowed to vote in said special election unless he or she shall have been qualified to vote in the regular election held just prior to said special election. Tie vote. Section 11. 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 Heard, and unless he shall have bona fide and continuously resided in said city, as a citizen thereof, for three (3) months next preceding said election at which he offers to vote, and shall have registered as a qualified voter in the manner hereinafter provided. Voters. Section 12. There shall be established in the City of Ephesus created by this Act a permanent registration system of the qualified voters of said city: (A) By July 1, 1964, 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 recorder of said city or any clerk employed in the office of said recorder, shall have charge of said registration books, and shall open them for registration of Page 2333 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 Heard County are published. Said recorder or clerk shall keep said books open for registration of qualified voters at all times when the said recorder's office is open for business, except during the period next preceding the date of any election in said city, when all candidates in such election shall have qualified. (C) Every person, before registering, shall take the following oath, which shall be read by or to the person offering to register, viz.: I do solemnly swear that I am eighteen (18) years of age (or will be by the time of the next City election) and possess all the qualifications necessary under the Constitution of the State of Georgia to entitle me to vote for members of the General Assembly, from the County of Heard, and that I have bona fide and continuously resided in the City of Ephesus, as a citizen thereof for three (3) months (or will have by the time of the next City election). The recorder or 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 recorder or 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 Page 2334 the advice and consent of the council, appoint some person or persons, not exceeding three (3) in number, as registrar or registrars. Said registrar or registrars shall be residents of said city, and before entering on their duties shall be sworn to faithfully and impartially perform the duties of their office. It shall be the duty of said registrar or registrars to make from said registration books a list of voters qualified to vote in said election, and, in making such lists, to exclude therefrom the names of all persons on the books who have died or removed from the limits of said city, or who are otherwise disqualified for any lawful cause; provided, however, that they shall not exclude the name of any registered person, who is still a resident of said city, from said list as disqualified, without first serving such person with a notice to show cause why his (or her) name should not be excluded. Such notice shall state the time and place of the hearing as to such disqualification, and shall be served on each person at least twelve (12) hours before the time of such hearing (leaving at most notorious place of abode shall be deemed and held to be sufficient service). Such person shall be allowed to appear and submit evidence as to their qualification. Said registrar or registrars shall have power to subpoena witnesses, to compel their attendance and the production of records and documents, administer oaths, and to determine the qualification or disqualification of all voters. After the completion of any such hearing, said registrar or registrars shall strike from the permanent registration books and from the voters' list the names of all persons found to be deceased or disqualified to vote. Thereafter they shall prepare three (3) identical lists of the voters qualified to vote in said election, and certify the same. One (1) copy shall be retained, and two (2) copies shall be filed with the recorder of said city, one (1) of which shall be open to inspection during said recorder'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 Page 2335 signed by the registrar, or a majority of the registrars, that his name was omitted therefrom by accident or mistake. (G) The City of Ephesus 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 Recorder of said City to act as a registrar or as one of the registrars provided for under this section if they deem proper. Section 13. There may be established in the City of Ephesus created by this Act a mayor's or recorder's court which shall be clothed with all the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth. Recorder's court. (A) Said court shall be held as often as necessary for the trial of offenders. The mayor shall preside over said court and perform the duties thereof unless he shall have appointed a recorder. Any recorder appointed as judge of said court shall be a member of the Bar of the Supreme Court of Georgia, unless the mayor is unable to obtain the services of an attorney to so preside, in which event any upright and intelligent person may be appointed recorder. The elected recorder of the city shall act as clerk of the court, and the chief police officer of the city or other police officers shall attend said court and perform all such duties therein and in the enforcement of its sentences as they may be required by ordinances of said city or by the orders of the judge of said court. (B) The jurisdictional limits of said court shall include the corporate limits proper of said city; and said court shall have 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 Page 2336 by a fine not exceeding twenty-five dollars ($25.00) and imprisonment in the prison of said city not to exceed ten (10) days, either or both, in the discretion of said court. (D) Upon the conviction of any defendant of violation of any law or ordinance of said city, said court shall have the right to sentence said defendant to pay a fine not exceeding one hundred dollars ($100.00) and to imprisonment in the prison of said city or in the common jail of Heard County, not exceeding thirty (30) days, and to work and labor in the city chaingang or on the streets or public works of said city, whether within or without the corporate limits, not exceeding thirty (30) days, either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced, in addition to, and in the same manner as fines; all of which costs shall be paid into the city treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced. (E) All cases made in said court shall be in the name of the City of Ephesus; all warrants for offenses against the laws and ordinances of said city shall be signed by the presiding officer of said court, or the mayor of said city, or some officer authorized by law to issue State warrants; and all other processes of said court, including subpoenas, summonses, etc., shall be signed by the recorder, 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 Heard County for trial, to assess bail for his appearance, and to commit to the jail of Heard County, in default of bond. Page 2337 (G) Said court shall have the right to compel the attendance of witnesses, either within or without the jurisdictional limits of said city; and may issue attachments where necessary to secure the attendance of witnesses, which may be served by any sheriff, deputy sheriff or any constable in any county in this State; but said city shall not be required to incur any expense in securing the attendance of any non-resident subpoenaed by a defendant. (H) Said court shall have the power to fix bail, accept bond for the appearance of defendants, and to forfeit and enforce collection of said bonds. Upon failure of a defendant to appear in accordance with the terms of his bond, he shall be solemnly called to come into court and his bail shall be warned to produce the body of his principal; and on the failure to do so, said court shall issue a scire facias directed to the marshal and other police officers of said city and to all and singular the sheriffs, their lawful deputies, and constables of said State, and be served upon said principal as soon as possible and upon his surety, which scire facias shall be returnable upon a date fixed in said scire facias, not earlier than thirty (30) days thereafter; that upon failure to show good cause, a rule absolute issue on that date and be enforced in the same manner as tax executions are enforced in said city. And where any person charged with an offense against the laws or ordinances of said city has deposited or had deposited in his behalf cash in lieu of a bond for his appearance, and fails to appear at the time appointed to answer said charge, said court shall have power to forfeit said cash bond instanter and order same paid into the treasury of said 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 14. For the purpose of raising revenues for the support, operation and maintenance of said city and its affairs, including reserves for capital improvements, the Page 2338 city council shall have full power and authority to levy, assess and collect each year for such general purposes, an ad valorem tax on all property, real, personal and mixed, including money, notes, stocks, bonds and other evidences of debt, money used in banking and every other species of property in said city, or owned or held therein, which may be lawfully taxed by said city, which tax shall not exceed twenty-five mills on each dollar of taxable value, and in addition such annual ad valorem tax shall be levied on each dollar of taxable value of such property, subject to taxation for bond purposes, as may be necessary to produce amounts required and sufficient to provide a sinking fund for the purpose of paying the principal and interest on the bonded indebtedness of said city as required by law. The ad valorem tax above authorized for general purposes and the bond sinking fund tax shall be levied by separate ordinances, and each shall specify the purpose for which the tax is levied, and all proceedings for collecting said taxes shall show the amount due on each of said tax levied. Ad valorem tax. Section 15. All persons owning property in said city shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal. Subject to taxation by said city, as of January 1 of each year; and the books for recording same shall be open on January 1 and close on April 1 of each year. Said property shall be returned by the property owner on blanks furnished for that purpose at the fair market value thereof. Tax returns. Section 16. The mayor of said city, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting of the city council in January, shall select three (3) upright freeholders residing in said city as a board of tax assessors. The mayor shall fix the per diem compensation of said tax assessors, which shall not exceed eight dollars ($8.00) per day for each tax assessor. Vacancies on said board may 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 Page 2339 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. 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 recorder 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 Page 2340 any tax assessor, if in their opinion it is returned and assessed below its fair market value. (B) The council shall also have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Section 17. The taxes of said city shall fall due on June 30 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 recorder, and bear teste in the name of the mayor of said city. The marshal or other police officers of said city, the sheriffs, deputy sheriffs and constables of this State shall have authority to execute same by levy and sale and the other means provided by Chapters 92-43 and 92-44 of the Code of Georgia, sections 92-4301, etc., and 92-4401. Taxes. Section 18. The City of Ephesus, shall have full power and authority to license, regulate, control, or prohibit theatrical exhibitions, merry-go-rounds, circuses, dance halls, skating rinks, shows and exhibitions of all kinds, drays, automobiles, jitneys, trucks, taxis, and public and private vehicles of all kinds; traveling vendors of patent medicines, soaps, notions, and all other articles; also hotels, boarding houses, restaurants, lunch stands, drinking stands, fish stands or markets, meat markets, mercantile establishments, chain stores, laundries, billiard, pool and other kinds of tables, tenpins, shooting galleries, and bowling alleys, slot machines or any games operated by coin-in-slot devices for carrying on games; also bakeries, dairies, barber shops, livery stables, sales stables, slaughter houses, tanyards, garage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planing mills; also auctioneers, peddlers, and pawn brokers; all agents of fire, health, accident, indemnity, casualty, and life insurance companies; the sale of all kinds of beverages, cigars, cigarettes, and tobacco products of all kinds; also dealers in and/or dispensers of gasoline, either at wholesale or retail, from tanks, or Page 2341 otherwise; and all businesses, occupations, professions, callings, trades or avocations, which under the laws of this State are subject to license. And said city shall have the power to require registration of, and to assess and collect a license tax on all such businesses, etc., and all other businesses, trades, professions, occupations, or callings conducted or engaged in within the corporate limits of said city, and such occupation tax or license tax shall constitute a lien upon all the property of the taxpayer or person liable, and shall take rank and be enforceable by execution in the same manner as ad valorem taxes due said city; and said city may require the registration of, and payment of license tax on, all such businesses, etc., as a prerequisite to the right to operate or engage in said business in said city, and shall have power to punish any one conducting or engaging in any such business, etc., without first registering and paying said license taxes. Said city shall have full and complete power to provide by ordinance for classification of all classes and businesses, and all other rules and regulations necessary and proper in the premises. Business licenses. Section 19. (A) The City of Ephesus shall have full power and authority in their discretion, to grade, pave, macadamize, and otherwise improve for travel and drainage the streets, sidewalks, and public lanes and alleys of said city; to put down curbing, cross drains, crossings, intersections, and otherwise improve the same. In order to carry into effect the authority above delegated, the Act of the General Assembly of Georgia, approved August 25, 1927 (Acts of 1927, pp. 321-335), (Chapter 69-4 of the Code of Georgia, as amended, with the exception of Code section 69-402), providing a method for making improvements in municipalities having a population of six hundred (600) or more population, is hereby adopted and made a part of this Act, and the Council of the City of Ephesus, created by this Act, is hereby made the governing body referred to and authorized to act under the terms of said Act hereby adopted and made a part hereof. Streets, etc. (B) In all cases where street paving or repairing is contemplated on any street in said city, in which water mains, sewers, pipes, or electric wiring conduits are laid, or are to Page 2342 be laid, said city shall have the power to extend such mains, sewers, pipes, etc., from the main line to the property line, to thereafter avoid the necessity of tearing up or damaging said paving, to make house connections, and to assess and collect the cost of making such property line extensions against the property to which said connections are made, and in the same manner as assessments for street paving are made and collected. Section 20. Said City of Ephesus shall have full power and authority to furnish water, electric lights and power, gas, heat, and other public utility service for the public use of said city, and for private use and charge therefor; to own, construct, enlarge, operate, and maintain a system of waterworks and sewerage, a system of electric light and power lines, a system for the manufacturing and/or supplying gas and/or heat, and any other public utility system or plants; to purchase or generate electric energy; and to maintain the supplying of said public utility service. Utilities. Section 21. Said City of Ephesus shall have full power and authority to regulate and enforce the collection of and insure payment of, charges for supplying of water, electric lights or power energy, gas, heat, and sewer service, by the following methods: (A) By making said charges for water, electric energy, gas, heat and sewer service a charge upon the property or real estate served, and in case prompt payment is not made for any such service, it may be provided that the water, electric light and power energy, gas, heat, or sewer services shall be shut off from the building, place, or premises, and shall not be compelled to again supply said building, place or premises, until said arrears, with 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 Page 2343 the right to possession and use of such real estate has by contract agreed to pay for such charges. Same. (B) Said city shall have full power to require prompt payment in advance for all water, electric energy, gas, heat, and sewer service furnished by said city; or require of each consumer or person served a reasonable deposit, which may be varied according to the estimated consumption, to insure the prompt payment for such service; and shut off and refuse to furnish water, electric energy, gas, heat, and sewer service, where payment in advance or deposit, as the case may be, is not promptly made; and to enforce by execution against any consumer or person served, in the same manner as ad valorem taxes are enforced, any unpaid charges for water, electric energy, gas, heat, or sewer service. Should any consumer fail to pay all water, or electric light, gas, heat, or sewer charges due by him to said city, then the said city may cut off water, light, gas, heat, or sewer services from the premises, and, should he move to another place in said city, refuse to furnish such service at the new place of residence unless and until all past due accounts are paid in full. (C) Said city shall have power to adopt all necessary ordinances to put either method in force in said city, and to charge from one method to the other in their discretion, and to adopt such methods of enforcing said charges as they may deem necessary and proper. (D) The provisions of this section shall be applicable to charges for any public utility-service provided or furnished by said city, including water, electric energy, gas, heat, and sewer service, and the enumeration of particular classes of service shall not be construed as to exclude any other service that may be provided or furnished by said city, from the operation and provisions of this Act. Section 22. Said city 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 Page 2344 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 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 23. (A) The City of Ephesus may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height of the buildings, fences, or other structures, or the area or dimensions of lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purpose of the zoning regulations. In the determination and establishment of Page 2345 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 power and duties; and to provide for the right of certiorari from said board of zoning appeals to the Superior Court of Heard County. Zoning. (B) In lieu of the above power of planning and zoning, the City of Ephesus is authorized to adopt any Act of the General Assembly conferring planning and zoning powers upon municipalities, counties or municipalities and counties. Section 24. The City of Ephesus 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 first department, water plant, electric light and power plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the city shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor, administrator, guardian or agent; and all proceedings for condemnation shall be in the manner Page 2346 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 25. The council of said City of Ephesus shall have power and authority to contract debts and issue bonds of said city as the valid obligations thereof, under and in accordance with the limitations provided in the Constitution and laws of said State, for the purpose of refunding valid existing debts, establishing, improving, and maintaining a water supply system, establishing, improving and maintaining a sewerage system, a system of lights or electric power, and other public service or utility system, for the paving or otherwise improving streets, sidewalks or public places, and for any other improvement, convenience, or necessity for the use of said city or the citizens thereof, or for any other lawful purposes. Bonds. Section 26. In addition to the power and authority vested in said City of Ephesus, created by this Act, by the general laws of this State, and to those heretofore and herein granted by this Act, the said mayor and council are hereby authorized and empowered to adopt such ordinances and regulations as they may deem proper, not in conflict with the Constitution and laws of the United States or of this State: Ordinances. (A) To protect and advance the morals of said city; to secure peace, good order, and quiet in said city; and to protect health of said city, to prevent the spread of and to suppress infectious, contagious, or dangerous diseases in said city; (B) To create and elect a board of health in said city and to prescribe its powers and duties, and to maintain said board; to provide for the quarantine in, and treatment of contagious, infectious, or dangerous diseases, either in or outside of said city, and to 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 Page 2347 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 fire works and other explosives in said city; and to regulate the erection and maintenance of steam boilers and electrical apparatus in said city; (E) To regulate the character of buildings to be erected in said city, and to adopt and enforce building requirements and/or permits, and to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same and to regulate plumbing and electric wiring in structures in said city; (F) To prevent or condemn encroachment or obstructions in, upon, or over any sidewalk, street, or alley, and to require removal of such; (G) To grant franchises, easements, and rights-of-way over, in, under, or along the public streets, sidewalks, alleys, parks, or other property of said city, on such terms and conditions as may be prescribed; and to regulate all public services or utility corporations doing business in said city in any manner not in conflict with State or Federal law; (H) To establish, equip, and maintain a fire department; (I) To define and prohibit nuisances within the corporate limits of said city, and to prescribe the mode of trial for all nuisance cases, and to abate the same; (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 Page 2348 to such classifications; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle, or conveyance on the public streets, sidewalks, or ways of said city; to limit and regulate the speed of all animals, vehicles, or motor vehicles on said streets and the operation thereof; to prescribe and regulate the fees of drays, hacks, taxis, jitneys, and transfer companies operating in said city, and to regulate the operation thereof; (L) To suppress and prohibit houses where illegal, immoral, or disorderly practices are had; (M) To lay out and open new streets and alleys in said City; and to change the grades thereof; (N) To provide a uniform scale of costs of the clerk and police officers of said city for all service in the arrest and prosecution of offenders in the mayor's court and in the issuance and collection of tax and other executions; and for their 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 27. The enumeration of powers contained in this Act shall not be considered as restrictive; but the City of Ephesus 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 28. No electric light, gas, water, or other public utility plant or system, now or hereafter owned by the City of Ephesus, shall ever be sold, leased or otherwise disposed Page 2349 of by the City of Ephesus, created by this Act, except in the manner provided by, and in strict compliance with, the Act of the General Assembly of Georgia approved August 25, 1925 (Ga. L. 1925, p. 177-179) (Sections 91-901 - 91-904 of the Code of Georgia); and the provisions of said 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 or by said city by resolution of the mayor and council thereof, setting forth and approving the terms of any such sale, lease, or other disposition; the mayor, by direction of said council, making conveyance thereof; provided, however, that no conveyance of any property worth over one hundred dollars ($100.00) shall be made unless public notice is given of intention to convey in the newspaper of general circulation in the county in which sheriff's advertisements are made at least once a week for three (3) consecutive weeks immediately prior to such sale or encumbrance; provided, further, that nothing in this Section shall vary the laws regarding bond issues. Utilities. Section 29. The City of Ephesus shall operate strictly upon a cash basis. No employees 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 said debt is incurred. Cash basis. Section 30. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Heard County. Personally appeared before the undersigned officer, B. T. McCutchen who says under oath that he is publisher of the News and Banner, the Official organ of Heard County, and having a general circulation and whose original place of business is in said County, and that the attached Legal Page 2350 Notice appeared in the Issues of January 24, January 31 and February 7, 1964. /s/ B. T. McCutchen Sworn to and subscribed before me, this 6 day of February, 1964. /s/ Talmadge Davis Clerk, Heard Superior Court (Seal). Legal Notice. Notice is hereby given that legislation will be introduced in the 1964 session of the General Assembly of Georgia, a bill to incorporate Ephesus in Heard County, to provide for all promotions thereto and for other intentions thereto. This the 21st day of January, 1964. Truitt Davis, Representative of Heard County. Georgia, Fulton County. This is to certify that the proposed municipality of Ephesus to be located in Heard County meets all of the minimum standards prescribed for the incorporation of new municipalities provided for in an Act approved April 2, 1963 (Ga. L. 1963, p. 251). This 10th day of February, 1964. /s/ Truitt Davis, Representative, Heard County Approved March 3, 1964. Page 2351 CITY OF WOODSTOCKCORPORATE LIMITS, REFERENDUM. No. 654 (House Bill No. 1156). An Act to amend an Act creating a new charter for the City of Woodstock, approved March 24, 1939 (Ga. L. 1939, p. 1384), as amended, so as to extend the corporate limits of the City of Woodstock; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Woodstock, approved March 24, 1939 (Ga. L. 1939, p. 1384), 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 that territory described above, the corporate limits of the City of Woodstock shall include all that tract and parcel of land lying and being in the 15th district and 2nd section of Cherokee County, Georgia and beginning at the southeast corner of land lot 1279 at its intersection with the Cobb County line and running north 3.25 miles along original land lot lines to the northeast corner of land lot 847, thence west along original land lot line 2 miles to the northwest corner of land lot 855, thence south along original land lot lines 3.25 miles to the southwest corner of land lot 1288 at its intersection with the Cobb County line, thence east 2 miles along the Cobb-Cherokee County line to the point of beginning, containing 8.125 square miles. Section 2. Not less than thirty (30) nor more than ninety (90) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the person charged with the responsibility of conducting municipal elections in the City of Woodstock to issue the call for an election for the purpose of submitting this Act to the voters of the City of Woodstock, and to those residents in the area proposed to be annexed as described above for approval or rejection. Said official shall set the Page 2352 date of such election for a day not less than thirty (30) nor more than ninety (90) days after the date of the issuance of the call. Said official shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Cherokee County. The ballot shall have written or printed thereon the words: For approval of the Act extending the corporate limits of the City of Woodstock. Against approval of the Act extending the corporate limits of the City of Woodstock. 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 more than one-half 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 Woodstock. It shall be the duty of the official charged with the responsibility of conducting municipal elections in the City of Woodstock 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 said official 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. Those residents of the area described in section 1 of this Act who are qualified to vote for members of the General Assembly in Cherokee County shall be eligible to vote in said election. 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 the undersigned will introduce in the 1964 session of the General Assembly of Georgia a bill to amend the charter of the City of Woodstock to provide for an extension of the city limits on the north, south, Page 2353 east and west sides and providing for a referendum; and for other purposes. This 13th day of January, 1964. Dr. Jack Fincher, Senator, 51st Senatorial District Dr. Grady N. Coker, Rep., Post No. 1, Cherokee County, Georgia Marion T. Pope, Jr., Rep., 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 organ of said county, on the following dates: January 16, 23, and 30, 1964. /s/ Marion T. Pope, Jr. Representative, Cherokee County Sworn to and subscribed before me, this 11 day of February, 1964. /s/ Patty Sue Hurst Notary Public (Seal). Approved March 3, 1964. Page 2354 CITY OF KENNESAWCHARTER AMENDED. No. 655 (House Bill No. 1169). An Act to amend an Act creating a new charter for the City of Kennesaw, approved February 16, 1950 (Ga. L. 1950, p. 2506), as amended, particularly by an Act approved March 10, 1959 (Ga. L. 1959, p. 2717), so as to change the day of the annual elections for the City of Kennesaw; to establish a date for qualifying for said elections; to change the provisions relating to veto; to provide for voting machines; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Kennesaw, approved February 16, 1950 (Ga. L. 1950, p. 2506), as amended, particularly by an Act approved March 10, 1959 (Ga. L. 1959, p. 2717), 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. On the third Monday in December, 1960, there shall be elected by the qualified voters of the City of Kennesaw, a mayor and five councilmen. The mayor shall be elected for a term of two years and until his successor is elected and qualified. The two candidates for membership on the city council receiving the highest number of votes shall serve for a term of two years and until their successors are elected and qualified. The three candidates receiving the next highest number of votes shall serve for a term of one year and until their successors are elected and qualified. Thereafter, on the first Saturday in December of each year, an election shall be held to elect the successors to the councilmen whose terms expire. All candidates for the offices of mayor or councilmen shall qualify for said offices, as shall be prescribed by the council by ordinance, no later than the last day in October preceding the annual election, unless said last day in October be a legal holiday, in which event the next day following said last day in October shall be the last date for so qualifying for said office. All future successors shall be elected for a term of two years and until Page 2355 their successors are elected and qualified. Successors to the mayor shall likewise be elected on the same day every two years. The mayor and councilmen elected in 1960 shall take office on the first Monday in January immediately following such election and all successors shall likewise take office on the first Monday in January immediately following their election. On the first Monday immediately following their election, the mayor and councilmen shall meet in the city hall or other designated place in said city and each take an oath before some officer authorized to administer oaths as follows: Elections. `I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the City of Kennesaw, for the term for which I was elected and I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor; so help me God.' Should the mayor or any councilman be absent from said meeting, he shall take the oath of office as soon as possible thereafter. The mayor and council shall provide by ordinance for regular monthly meetings and may hold such special called meetings as the business of the city may require, which special or called meetings shall be called by the mayor in his discretion, to be convened as provided by ordinance. In the event that the office of mayor or the office of councilman shall become vacant for any reason other than the expiration of term of office, the vacancy shall be filled by appointment by the mayor and remaining members of council in the case of vacancies on the council, and by the members of council in case of a vacancy in the office of mayor. Any person appointed to fill a vacancy shall do so for the unexpired term. Section 2. Said Act is further amended by striking section 21 in its entirety, and substituting in lieu thereof a new section 21 to read as follows: Section 21. Be it further enacted, that the mayor and four councilmen shall constitute a quorum for the transaction of any business before the body; and a majority of Page 2356 the votes cast shall determine questions before them; provided, that every question so determined or ordinance passed shall receive no less than three votes. On all questions before the said council the mayor or the mayor protem., if he be presiding shall be entitled to vote only in the case of a tie. The mayor shall have the veto power, and may veto any ordinance or resolution of the councilmen, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least four councilmen on any aye and nay vote, duly recorded on the minutes of the city clerk; but unless he shall file in writing with the clerk of said city his veto of any measure passed by that body, with the reasons for withholding his assent within three days from its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve same and the measure go into effect immediately. If the mayor files a veto of any measure, as hereinbefore provided, he shall also file with the clerk of said city a notice calling a meeting of the council within six days from the meeting at which the measure vetoed was voted upon, and the council shall reconsider such vetoed measure at such called meeting. Quorum of council, etc. Section 3. Said Act is further amended by adding a new section, to be known as section 9A, to read as follows: Section 9-A. The mayor and council are hereby authorized to use voting machines in any city election, including but not being limited to referendums, elections for city officers, and other special elections. All voting machines so used shall be approved by the city council, and it shall be solely within the discretion of such council as to the makes, models, and construction of such machines. The custody of such voting machines shall be in the mayor and city council, or in lieu thereof in the custody of any election managers or commissioners of the City of Kennesaw. Voting machines. 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, 1964 Session of the General Assembly Page 2357 of Georgia a Bill to amend the charter of the City of Kennesaw (Ga. L. 1950, p. 2506 et seq.) as heretofore amended and for other purposes. This 17th day of December, 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 from Cobb County, and that the attached copy of Notice of Intention to Introduce Local Legilsation was published in the Marietta Daily Journal, which is the official organ of said county, on the following dates: December 20, 1963; December 27, 1963; January 3, 1964. /s/ Robert E. Flournoy, Jr. Representative, Cobb County Sworn to and subscribed before me, this 11th day of February, 1964. /s/ Amelia Smith Notary Public. (Seal). Approved March 3, 1964. Page 2358 CITY OF DALTONHOURS OF HOLDING ELECTIONS. No. 656 (House Bill No. 1224). An Act to amend the several Acts incorporating the City of Dalton in the County of Whitfield, so as to fix the hours for which the polls shall remain open in all municipal elections; 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 mayor and council shall fix the hours for which the polls shall remain open in all municipal elections; that notice thereof shall be posted in one newspaper at least ten days prior to the election. 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 at the present January, 1964, term of the General Assembly of Georgia, there will be introduced a bill to amend the several acts incorporating the City of Dalton in the County of Whitfield, so as to fix the hours for which the polls shall remain open in all municipal elections. /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 Page 2359 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 24, January 31, and February 7, 1964. /s/ Thomas Mitchell /s/ Virgil T. Smith Sworn to and subscribed before me, this the 13th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 3, 1964. CITY OF DALTONCORPORATE LIMITS. No. 657 (House Bill No. 1225). 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. 143 and 162 in the 12th district and 3rd section of Whitfield County, Georgia; Be it enacted by the General Assembly of Georgia: Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that the Act amending the charter of The City of Dalton approved January 30, 1946, and subsequent 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 8, 1961, amending the charter of the City of Dalton, and further amended by an Act of the General Assembly of Georgia approved April 12, 1963, amending the Page 2360 charter of the City of Dalton and said charter by, 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 the land located in land lots nos. 143 and 162 in the 12th district and 3rd section of Whitfield County, Georgia, within the following described boundaries: Beginning at a point on the west line of land lot 162 in the 12th district 3rd section of Whitfield County, Georgia where the present corporate limits intersect said land lot line; thence north 2 degrees 11 minutes west to the southwest corner of land lot 143 in the 12th district 3rd section Whitfield County, Georgia; thence north 0 degrees 18 minutes west 869.5 feet; thence, north 87 degrees 55 minutes east 2223.7 feet to the west side of the right of way of the Southern Railroad; thence, south along the west side of said right-of-way to the present corporate limits of the City of Dalton; thence, west along the corporate limits to the point of beginning. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Notice of Local Legislation. Notice is hereby given that at the present January, 1964, 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 no. 143 and 162 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 Page 2361 Georgia, Whitfield County. Personally appeared before, 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 24, 1964, January 31, 1964, and February 7, 1964. /s/ Thomas Mitchell /s/ Virgil T. Smith Sworn to and subscribed before me, this the 13th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 3, 1964. CITY OF TIFTONSALARIES OF COMMISSIONERS, REFERENDUM. No. 659 (House Bill No. 413). An Act to amend an Act repealing the then existing charter of the City of Tifton and providing for an additional charter for the City of Tifton, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 2413), so as to provide for an increase in the salaries to be paid commissioners; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Page 2362 Be it enacted by the General Assembly of Georgia: Section 1. An Act repealing the then existing charter of the City of Tifton and providing for an additional charter for the City of Tifton, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 2413), is hereby amended by deleting and striking section 4A in its entirety and inserting in lieu thereof a new section 4A to read as follows: Section 4A. The chairman of the city commissioners shall receive a salary of one hundred fifty ($150.00) dollars per month, the other four (4) commissioners shall each receive a salary of one hundred ($100.00) dollars per month; said sums to be paid from the funds of the City of Tifton. Salaries. Section 2. This Act shall become effective on the first day of the month following the approval of this Act by the voters of the City of Tifton in a special referendum for that purpose as provided in section 3. Effective date. Section 3. Not less than ten nor more than twenty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the commission of the City of Tifton to issue the call for an election for the purpose of submitting this Act to the voters of the City of Tifton for approval or rejection. The commission shall set the date of such election for a day not less than thirty nor more than sixty days after the date of the issuance of the call. The commission 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 Tifton. The ballot shall have written or printed thereon the words: For approval of the Act increasing the salary of the Chairman and four (4) Commissioners for the City of Tifton. Referendum. Against approval of the Act increasing the salary of the Chairman and four (4) Commissioners for the City of Tifton. Page 2363 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 Tifton. It shall be the duty of the city commission to hold and conduct such election. It shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the city commission to canvass the returns and declare and certify the result of the election. It shall be its further duty to certify the result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for 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 Tifton so as to provide that the compensation being paid the five commissioners of said city be increased; to provide that the commissioners shall have the power to assess abutting real estate for the costs of placing water and sewer lines in the streets and public roads of said city; and for other purposes. This 31st day of December, 1962. Commissioners of the City of Tifton By E. M. Flowers, Chairman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. B. Allen, who, on oath, deposes and says that he is Representative from Tift County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Gazette Page 2364 Publishing Company, which is the official organ of said County, on the following dates: January 3, 10, 17, 1963. /s/ H. B. Allen Representative, Tift County Sworn to and subscribed before me, this 19th day of February, 1963. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. Approved March 3, 1964. MACON COUNTYORDINARY PLACED ON SALARY BASIS. No. 661 (House Bill No. 718). An Act to provide that the ordinary of Macon County be placed on a salary basis in lieu of a fee basis; to provide that all fees and other compensations of the ordinary shall be paid to the fiscal authority of Macon County; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the ordinary of Macon County which is now based on a fee system, and supplement, is hereby abolished, and said ordinary shall hereafter be paid a salary as herein provided. All fees, costs, percentages, forfeitures, 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 said ordinary for the sole use of Macon County, and shall be held as public monies belonging to Macon County and accounted for and paid over to county fiscal authorities by the 10th Page 2365 day of each month for the immediately preceding month, at which time a detailed, itemized statement shall be made by the ordinary under oath showing such collections and the source from which collected, and the fiscal authority shall keep a separate account showing such collections and the source from which they are paid. Placed on salary basis. Section 2. The ordinary of Macon County shall receive a salary of thirty eight hundred dollars (3800.00) per annum. Said salary shall be payable in equal monthly installments out of the county funds. The salary provided for herein shall be the sole compensation of the ordinary whether acting in any other capacity as an ex-offico judge of any court or not. 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1964, Session of the General Assembly of Georgia a Bill to place the ordinary of Macon County on a salary basis in lieu of a fee basis, same to be effective January 1, 1965; said salary to be in the amount of thirty eight hundred dollars ($3800.00) per annum; to provide the procedure connected therein; and for other purposes. This 16th day of December, 1963. /s/ J. Paul Sinclair Representative, Macon County Georgia, Macon County Personally appeared before me, the undersigned, duly authorized to administer oath, J. Paul Sinclair, who, on oath, deposes and says that he is the Representative from Macon County, and that the attached copy of Notice of Intention Page 2366 to Introduce Local Legislation was published in the Citizen and Georgian, which is the official organ of said county, on the following dates: December 19th, 1963, December 26th, 1963 and January 2nd, 1964. /s/ J. Paul Sinclair Sworn to and subscribed before me, this 3rd day of January, 1964. /s/ Caroline McLane Notary Public, Georgia, State at Large. My Commission Expires Sept. 9, 1964. (Seal). Approved March 3, 1964. CITY OF GRIFFINELECTIONS. No. 662 (House Bill No. 728). An Act to amend the charter of the City of Griffin by amending the Act approved July 21, 1921 (Ga. L. 1921, p. 959), as amended. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same: Section 1. Section 59 of said Act is hereby amended by adding thereto the following sentence: Elections under this charter shall be in charge of the ordinary of Spalding County, Georgia. So that when amended, said section shall read as follows: Section 59. Elections. Places and Costs of. The Ordinary to Hold . The cost of holding elections shall be paid by the city. All elections under this charter shall be held at the city hall or at such other convenient place or places as may be designated by the commissioners. Elections under this charter shall be in charge of the ordinary of Spalding County, Georgia. Page 2367 Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Georgia, Spalding County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur K. Bolton and O. Q. Melton, Jr., who on oath depose and say that they are representatives from Spalding County, Georgia, and that the attached copy of Notice of Local Legislation was published in the Griffin Daily News, which is the official organ of said county, on the following dates: December 23, 1963, December 30, 1963 and January 6, 1964. /s/ Arthur K. Bolton /s/ Quimby Melton, Jr. Representatives, Spalding County, Georgia Sworn to and subscribed to before me, this 14th day of January 1964. /s/ Frances W. Pool Notary Public, Georgia State at Large. My Commission Expires April 6, 1965. (Seal). Notice of Local Legislation. Notice is hereby given that the application for the passage of local legislation at the January session 1964 of the General Assembly of Georgia will be made in order to amend the charter of the City of Griffin, as amended, to: (a) To provide that the ordinary shall have charge of city elections; (b) To amend the Griffin Retirement Pensions Act; and (c) To annex to the present area of the City of Griffin an area north of the present city limits bounded on the north by Lucky Street and Avalon subdivision; on the west by U. S. Highway 41 19; on the south by the present city limits; and on the east by Georgia Highway 3. Page 2368 This December 23, 1963. /s/ J. S. Langford City Manager City of Griffin Approved March 3, 1964. CITY OF GRIFFINEMPLOYEES' PENSION SYSTEM. No. 663 (House Bill No. 729). An Act to amend the charter of the City of Griffin by amending the Act approved March 27, 1941 (Ga. L. 1941, p. 1474), as amended by an Act approved March 27, 1947 (Ga. L. 1947, p. 958), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 2048), as amended by an Act approved February 5, 1951 (Ga. L. 1951, p. 2270), as amended by an Act approved March 13, 1957 (Ga. L. 1957, p. 3261), known as the Griffin Retirement Pensions 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 same: Section 1. That section 6 of said Act is hereby stricken in its entirety and a new section is substituted in lieu thereof to read as follows: Should any employee leave the employ of said city for any cause, he shall be paid out of said pension fund all assessments paid in by him. In case of death of an employee, the full amount of all assessments paid in by him to said fund shall be paid to his dependents, if any, otherwise to such persons as the employee may have designated. Where an employee had former employment with the City of Griffin since the Retirement Pensions Act went into Page 2369 effect on March 27, 1941, and has withdrawn his pension payments from the pension fund as above provided in section 6, he shall be required to repay to the pension fund the amount so withdrawn. Such payments shall be made within ninety (90) days after re-employment, and if said repayment is not made within ninety (90) days after re-employment, the employee shall be treated as having entered the employ of the City of Griffin on the date of his last re-employment. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Local Legislation. Notice is hereby given that the application for the passage of local legislation at the January session 1964 of the General Assembly of Georgia will be made in order to amend the charter of the City of Griffin, as amended, to: (a) To provide that the ordinary shall have charge of city elections; (b) To amend the Griffin Retirement Pensions Act; and (c) To annex to the present area of the City of Griffin an area north of the present city limits bounded on the north by Lucky Street and Avalon subdivision; on the west by U. S. Highway 41 19; on the south by the present city limits; and on the east by Georgia Highway 3. This December 23, 1963. /s/ J. S. Langford, City Manager City of Griffin Georgia, Spalding County. Personally appeared before me, the undersigned officer, duly authorized to administer oaths, Arthur K. Bolton and O. Q. Melton, Jr., who on oath depose and say that they are representatives from Spalding County, Georgia, and that Page 2370 the attached copy of Notice of Local Legislation was published in the Griffin Daily News, which is the official organ for said county, on the following dates: December 23, 1963, December 30, 1963 and January 6, 1964. /s/ Arthur K. Bolton /s/ Quimby Melton, Jr. Representatives, Spalding County, Georgia Sworn to and subscribed before me, this 14th day of January 1964. /s/ Frances W. Pool Notary Public, Georgia State at Large. My Commission Expires April 6, 1966. (Seal). Approved March 3, 1964. CITY OF DANIELSVILLECHARTER AMENDED. No. 668 (House Bill No. 840). An Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor, approved February 16, 1949 (Ga. L. 1949, p. 587), as amended by an Act approved February 13, 1952 (Ga. L. 1952, p. 2504), so as to change the terms of councilmen; to change the length of time for which the polls are to remain open; to empower the board of tax assessors to undertake property re-evaluation programs; 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 amending, consolidating and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor, approved February Page 2371 16, 1949, (Ga. L. 1949, p. 587), as amended by an Act approved February 13, 1952 (Ga. L. 1952, p. 2504), is hereby amended by striking from section 7 the first sentence thereof, and substituting in lieu thereof the following: On the second Tuesday in December, 1964, there shall be held an election for mayor and councilmen. Those two candidates for councilmen who are elected to the council and who receive the highest number of votes cast in such election shall serve for a term of office of two (2) years and until their successors are duly elected and qualified. Those two (2) candidates for councilmen receiving the next highest number of votes shall be elected to the council and shall serve for a term of office of one (1) year and until their successors are duly elected and qualified. Thereafter, all councilmen elected in subsequent elections shall serve for a term of office of two (2) years and until their successors are duly elected and qualified. The mayor shall serve for a term of office of one (1) year and until his successor is duly elected and qualified. The mayor and councilmen shall take office on the first Monday in January in the year following their election., Mayor and councilmen. so that when so amended section 7 shall read as follows: Section 7. On the second Tuesday in December, 1964, there shall be held an election for mayor and councilmen. Those two candidates for councilmen who are elected to the council and who receive the highest number of votes cast in such election shall serve for a term of office of two (2) years and until their successors are duly elected and qualified. Those two (2) candidates for councilmen receiving the next highest number of votes shall be elected to the council and shall serve for a term of office of one (1) year and until their successors are duly elected and qualified. Thereafter, all councilmen elected in subsequent elections shall serve for a term of office of two (2) years and until their successors are duly elected and qualified. The mayor shall serve for a term of office of one (1) year and until his successor is duly elected and qualified. The mayor and councilmen shall take office on the first Monday in January in the year following their election. On the first Monday in Page 2372 January, after said election the newly elected mayor and councilmen-elect shall meet in the city hall or other designated place in said city and then and there severally take, before some officer authorized to administer oaths under the laws of Georgia, the following oath of office, to wit: `I do solemnly swear that I will well and truly demean myself as Mayor (or Councilman as the case may be) of the City of Danielsville for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me God.' Should the mayor or any councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings, as the business of the city may require, which special or called meetings, shall be called by the mayor in his discretion, to be convened as provided by the city ordinances. In the event 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 elected shall be duly qualified to fill such vacancies for the unexpired term provided it does not exceed twelve months. Section 2. Said Act is further amended by striking from section 9 that sentence which reads as follows: The polls shall be opened at 1:00 o'clock p.m., and close at 4:00 p.m., Elections. and substituting in lieu thereof the following: The polls shall be opened at 1:00 o'clock p.m., and close at 7:00 p.m., so that when so amended section 9 shall read as follows: Section 9. Be it further enacted, that the elections held under this charter and all elections in which any subject or Page 2373 question is submitted to the qualified voters of said City of Danielsville shall be managed by three managers, whom the city council are authorized to designate, and any citizen of said city is eligible to be a manager who is eligible to be a manager of an election for members of the General Assembly, and may act as manager of said city election, and said managers, before entering on their duties, shall take and subscribe before a justice of the peace, or some other officer qualified to administer oaths, or before each other, the following oath: `That each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, and prevent no one from voting who is entitled to do so according to law, to the best of our skill and power; so help me God.' Said managers shall keep, or cause to be kept, copies of two lists of voters and two tally sheets. All voting in any election held in said city shall be by secret ballot and all electors shall be secure in their right to cast their ballot without annoyance from or by any person in or near any voting place, and to this end the mayor and council shall provide as many voting booths as may be necessary at said city hall or other designated place for the holding of any election. The polls shall be opened at 1:00 o'clock p.m., and close at 7:00 p.m. Persons receiving the highest number of votes for the respective offices shall be elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and councilmen. The mayor and councilmen shall determine and provide for the payment of managers of any election and of any clerk that may be necessary in holding any election for their services in holding such election, but such pay or compensation shall not exceed the sum of two dollars per day for each such manager or clerk. Section 3. Said Act is further amended by adding between sections 30 and 31 a new section to be numbered section 30A and to read as follows: Section 30A. The board of tax assessors of said city shall have the power and authority, subject to the approval of the mayor and councilmen of said city, to enter into contracts with firms, individuals or corporations for the employment of such persons to assist the said Board in the Page 2374 mapping, platting, cataloging, indexing and appraising of taxable properties in the city, and to make, subject to the approval of said board of tax assessors, re-evaluations of taxable property and to search out and appraise unreturned properties in said city, or to purchase such information from the governing authorities of Madison County, Georgia. The expense of such employees and said work shall be paid, subject to the contracts, first approved by the mayor and councilmen of said city, out of city funds as a part of the expense of the said board. Board of tax assessors. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Legislation. Notice is hereby given that the City of Danielsville, Madison County, Georgia, intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia, convening in January, 1964, amending the Act, creating a charter for the City of Danielsville, Georgia, (Ga. L. 1949, p. 587, at seq.), as amended, to provide for a change in the hours of holding all elections in said city; to provide that councilmen shall be elected for terms of two years, with staggered terms, so that two councilmen are elected each year, and; to authorize the board of tax assessors of said city, subject to approval of the mayor and councilmen, to enter into contracts for the employment of individuals of firms to assist in the mapping, platting, appraising and re-evaluation of taxable property in said city, or to purchase such information from Madison County, and for payment therefor from funds of the city; and for other purposes. Georgia, Madison County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared Jere C. Ayers, who, being duly sworn, on oath, deposes and says that he is the publisher of The Danielsville Monitor, the newspaper in which sheriff's advertisements are published in Madison County, Georgia, and that the foregoing notice of intent to apply for local legislation was published in The Page 2375 Dainelsville Monitor on January 3, January 10, and January 17, 1964. /s/ Jere C. Ayers Sworn to and subscribed before me, this 17th day of January, 1964. /s/ Felix P. Graham Notary Public, State of Georgia. My Commission Expires August 4, 1967. (Seal). Approved March 3, 1964. COMPENSATION OF JUVENILE COURT JUDGES IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 150,000 AND NOT MORE THAN 175,000 PERSONS. No. 669 (House Bill No. 852). An Act to provide that in all counties in the State of Georgia having a population of not less than 150,000 and not more than 175,000, according to the United States Census of 1960, or any future United States Census, wherein a juvenile court has been established, the salary of the judge of the juvenile court shall be determined by the General Assembly of the State of Georgia; that the salary of the judge of the juvenile court in counties having a population of not less than 150,000 and not more than 175,000, according to the United States Census of 1960, or any future United States Census, shall be $7,800.00 per year, payable in equal monthly instalments of $650.00 by the governing authorities of said counties; said salary to be effective from the date of approval of the act of the General Assembly; 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: Page 2376 Section 1. That from and after the passage of this Act, that in all counties in the State of Georgia having a population of not less than 150,000 and not more than 175,000, according to the United States Census of 1960, or any future United States Census, wherein a juvenile court has been established, the salary of the judge of the juvenile court shall be determined by the General Assembly of the State of Georgia. Section 2. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the salary of the judge of the juvenile courts in said counties shall be $7,800.00 per year, payable in equal monthly instalments of $650.00 by the governing authorities of said counties. Section 3. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that said salary shall be effective from the date of approval of this act by the Governor of the State of Georgia. Section 4. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that all laws and parts of laws in conflict with this act be and the same are hereby repealed. Approved March 3, 1964. CITY OF ALBANYSEWER LINE ASSESSMENTS. No. 673 (House Bill No. 1042). An Act amending an Act creating a new charter for the City of Albany, Georgia (Acts 1923 p. 370 et seq approved August 18, 1923) by amending sub-section 9 of section 34 (p. 413) so as to provide an additional method of assessing the costs of a sewer line, and for other purposes. Be it enacted by the General Assembly of Georgia; and it is hereby enacted by authority of same: Section 1. That sub-section 9 of section 34 (p. 413) of the Acts of the General Assembly of Georgia creating and Page 2377 establishing a new charter for the City of Albany, (Acts 1923 p. 370 et seq, approved August 18, 1923) be, and the same hereby is amended by adding at the end of sub-section 9 of section 34 of said Act (p. 413) the following proviso: Provided, however, that if any lot or lots is so situated that the installation of the sewer line does not extend the full distance of the frontage of said lot or lots abutting the street, way, alley or easement, thereupon the city commissioners are authorized to assess the entire frontage of the lot or lots, the proportionate share of the costs of said sewer line, and provided further, that in such a case the sewer line shall be extended along frontage abutting street, way, alley or easement, to such a point as will afford the owner of the real estate the most practical and economical connection to the sewer line. Section 2. All laws and parts of laws in conflict with this act are hereby repealed. Notice of Local Legislation for the City of Albany Georgia. Notice is hereby given that at the ensuing 1964 session of the General Assembly of Georgia there will be introduced for passage a bill to further amend the charter of the City of Albany as contained in section 34 sub-section 9 of the Acts of the General Assembly of Georgia 1923 at page 413 concerning the assessment of the costs of sanitary sewers so that the entire frontage of any lot serviced by a sewer may be assessible even though the entire frontage of the lot did not have the sewer line constructed by it, provided, however, that the sewer shall be extended to such a point as will afford the owner of the lot the most practical and economical connection to the sewer line. This the 30th day of December, 1963. /s/ A. W. Holloway, Senator /s/ George D. Busbee /s/ William S. Lee /s/ Colquitt H. Odom Members of the Legislature Dougherty County, Georgia Page 2378 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 2, 9 and 16, 1964. /s/ George D. Busbee Representative, Dougherty County Sworn to and subscribed before me, this 6th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 3, 1964. WILKES COUNTYDUTIES OF TAX COMMISSIONER. No. 674 (House Bill No. 1161). An Act to amend an Act creating the office of tax commissioner of Wilkes County, approved July 22, 1929 (Ga. L. 1929, p. 777), as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 3447), so as to provide that the tax commissioner shall turn over to the county fiscal authority by the close of the last day of each month monies collected by him for such month; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Wilkes County, approved July 22, 1929 (Ga. L. Page 2379 1929, p. 777), as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 3447), is hereby amended by striking from section 6 the last sentence as follows: 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. and inserting in lieu thereof the following: 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 the close of the last day of the month for such month. so that when so amended section 6 shall read as follws: 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 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 the close of the last day of the month for such month. Section 2. This Act shall become effective beginning with the month of April 1964. 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 1964 Session of the General Assembly of Georgia, a bill to amend an Act creating the office of Tax Commissioner of Wilkes County, approved July 22, 1929 (Ga. L. Page 2380 1929, p. 777), as amended, particularly by an Act approved April 12, 1963 (Ga. L. 1963, p. 3447), which amendatory Act placed the tax commissioner of Wilkes County on an annual salary in lieu of the fee system, so as to provide that the tax commissioner shall turn over to the county fiscal authority, by the close of the last day of each month, monies collected by him for such month in lieu of having to turn over such monies on Saturday of each week as presently provided in the aforesaid Act; and for other purposes. This 21st day of January, 1964. /s/ 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 23, 30, 1964; February 6, 1964. /s/ William R. Lindsey Representative, Wilkes County Sworn to and subscribed before me this 11th day of February, 1964. /s/ Patty Sue Hurst Notary Public (Seal). Approved March 3, 1964. Page 2381 CIVIL COURT OF BIBB COUNTYPRACTICE AND PROCEDURE. No. 675 (House Bill No. 1199). 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-office 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 automatic dismissal of inactive actions or suits in said Civil Court of Bibb County, Georgia, when they have been pending for a period of twelve (12) months or longer; to provide for the dismissal of suits which have already pended in said court for a period of twelve (12) months or longer; to provide for the dismissal of suits in which no written order has been taken for a period of twelve (12) months, and for exceptions thereto; to provide how such suits may be continued as pending suits; 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 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 is hereby amended by adding at the end of section sixteen (16) thereof, sub-sections which shall read as follows: Section 16 (a). From and after the passage and approval of this Act, any suit filed in the Civil Court of Bibb County, Page 2382 Georgia in which no written order is taken for a period of twelve (12) months from the date of filing, the same shall automatically stand dismissed with costs taxed against the party plaintiff. For the purposes of this bill, a written order of continuance shall be deemed such an order. (b) All suits which are pending in said court upon the effective date of this Act shall automatically stand dismissed, and costs taxed against the party plaintiff, twelve (12) months from the date and approval of this Act unless a written order shall be taken therein as provided above; (c) Any suit, in which no written order, as provided above, has been taken for a period of twelve (12) months, shall automatically stand dismissed, with costs taxed against the party plaintiff, except that, as to suits pending in said court upon the effective date of this Act, the described time limitation shall begin as of such effective date; (d) The sections of this Act are declared to be severable, and the invalidity of one or more portions of this Act shall not be held to affect the remainder thereof. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 3. Be it further enacted by the authority aforesaid that the 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. Georgia, Bibb County. Personally appeared before me, the undersigned attesting authority, duly authorized to administer oaths, Denmark Groover, Jr., who, first being duly sworn, deposes and says, on oath, that he is a Representative from the County of Bibb and the author of the proposed legislation, and that notice of intention to apply for such legislation was published in the Macon News, the official organ of said county Page 2383 in which advertisements are published, on December 28, 1963, January 4, 1964 and January 11, 1964. A copy of said notice, as so published, is attached. /s/ Denmark Groover, Jr. Sworn to and subscribed before me, this 12th day of Feb., 1964. /s/ Dorothy C. Clements Notary Public, Bibb County, Georgia. My Commission Expires Aug. 13, 1966. (Seal). State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and County, Mary Jean Goette who deposes and says she is checking clerk for the Macon News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in The Macon News on the following dates: December 28, 1963; January 4, 1964 and January 11, 1964. /s/ Mary Jean Goette Sworn to and subscribed to before me this 11th day of January, 1964. /s/ Hugh P. Harper Notary Public, Bibb County, Georgia. Public Notice. Please take notice that the undersigned will, at the ensuing session of the General Assembly of Georgia, apply for passage and approval of legislation, relating to the Municipal Court of the City of Macon, and its successor, the Civil Court of Bibb County, so as to provide for the automatic dismissal of suits in said Court where the same have been pending for twelve (12) months from date of filing Page 2384 without written order taken therein, or where twelve (12) months have elapsed since a prior written order therein. County of Bibb, Georgia, Acting by and Through Its County Board of Commissioners. By Ellsworth Hall, Jr., County Attorney. Approved March 3, 1964. CLAYTON COUNTYPAVING OF STREETS, ETC. No. 677 (House Bill No. 811). An Act to amend an Act creating a board of commissioners of roads and revenues for 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), an Act approved March 7, 1960 (Ga. L. 1960, p. 2268), and an Act approved March 11, 1963 (Ga. L. 1963, p. 2148), so as to repeal the provision relating to written contracts between municipalities in Clayton County and the board in connection with grading, paving, and maintaining of roads and streets; to provide for cooperation between the board and the various municipalities in Clayton County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for 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), an Act approved March 7, 1960 (Ga. L. 1960, p. 2268), and an Act approved March 11, 1963 (Ga. L. 1963, p. 2148), is hereby amended by striking section 16 in its entirety and inserting in lieu thereof a new section 16 to read as follows: Page 2385 Section 16. The board shall cooperate to the fullest extent with various municipalities of Clayton County in the grading, paving and maintaining of roads and streets, and in grading and maintaining the public parks, playgrounds and school grounds of said county, so as to insure that county funds for such purposes are being expended in all areas of Clayton County on the same basis. 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 1964 session of the General Assembly of Georgia, legislation pertaining to street and road work by county government, with county funds, within the incorporated municipalities and cities in Clayton County, such legislation will repeal present restrictions about contracts and participating basis between county and city and will allow county work and funds to be used for these purposes anywhere in Clayton County on the same basis. This 17th day of December, 1963. /s/ Edgar Blalock /s/ Wm. J. Lee Representatives, Clayton County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wm. J. (Bill) Lee, who, on oath, deposes and says that he is Representative from Clayton County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forest Park Free Press Clayton News and Farmer, which is the official organ of said county, on the following dates: December 31, 1963; January 7 and 14, 1964. /s/ Wm. J. Lee Representative, Clayton County. Page 2386 Sworn to and subscribed before me this 21st day of January, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 4, 1964. CITY OF FAYETTEVILLECHARTER AMENDED. No. 679 (House Bill No. 837). An Act to amend an Act creating a new charter for the City of Fayetteville, approved August 21, 1911 (Ga. L. 1911, p. 1171), as amended by an Act approved August 18, 1927 (Ga. L. 1927, p. 1157), an Act approved March 2, 1953 (Ga. L. 1953, p. 2901), and an Act approved March 25, 1958 (Ga. L. 1958, p. 3362), so as to change the method of filling vacancies; to provide the procedure connected therewith; to change the hours for holding elections; to change the terms of office of the mayor and councilmen; to provide for staggered terms of councilmen; to provide for annual elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Fayetteville, approved August 21, 1911 (Ga. L. 1911, p. 1171), as amended by an Act approved August 18, 1927 (Ga. L. 1927, p. 1157), an Act approved March 2, 1953 (Ga. L. 1953, p. 2901), and an Act approved March 25, 1958 (Ga. L. 1958, p. 3362), 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 municipal government of the city and its corporate powers shall be vested in and exercised by the mayor and board of councilmen and also by officers, agents Page 2387 and employees under their authority, except when otherwise provided. Said mayor and councilmen, as a body, shall be known as the City Council and they shall hold office as heretofore provided. The mayor and each councilman at the time of his or their election must have been a resident of the City of Fayetteville for at least twelve months before his qualification. In the event that the office of mayor or either of the councilmen shall become vacant by death, resignation, removal or otherwise, the mayor or, in the event the office of mayor is vacant, the mayor pro tem shall have the right and power to fill said office by appointment of any person qualified to run for said office in a regular election, subject to the council approving said appointment by a majority vote. In the event there is not a quorum of the elected council remaining in office, then the mayor shall, by resolution, order an election to fill said offices for the remainder of the unexpired terms and shall give at least ten (10) days notice in one or more papers published in said city or by posting notice in the most public place in said city. Mayor and councilmen. Section 2. Said Act is further amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7 to read as follows: Section 7. The place of holding all municipal elections in said city shall be at the court house or city hall, as they may deem expedient, and the time of day for keeping open the election shall be from six o'clock a.m. to eight o'clock p.m., Eastern Standard Time, or between the hours as designated by the mayor; but in no event, shall the election be started after eight o'clock a.m. nor closed before four o'clock p.m., Eastern Standard Time. The managers may begin to count the votes at any time in their discretion, but they shall not do so until the polls are closed. The city council may provide by ordinances for regulating and safeguarding all elections held in said city, may adopt such provisions in reference thereto as are reasonable and not in conflict with this Act. Elections. Section 3. Said Act is further amended by striking section 57 in its entirety and inserting in lieu thereof a new section 57 to read as follows: Page 2388 Section 57. On the second Wednesday in July 1964 there shall be an election for a mayor and five councilmen. The candidate for mayor receiving the highest number of votes shall be elected for a term of two years and until his successor is elected and qualified. Thereafter, on the same date in even numbered years, there shall be an election for mayor and the candidate receiving the highest number of votes shall be elected for a term of two years and until his successor is elected and qualified. The two candidates for councilman receiving the highest number of votes shall be elected for terms of two years each and until their successors are elected and qualified. The three candidates for councilman receiving the next highest number of votes shall be elected for terms of one year each and until their successors are elected and qualified. After the 1964 election establishing staggered terms for councilmen, there shall be an election each year thereafter on the second Wednesday in July and the candidates for councilman receiving the highest number of votes shall be elected for terms of two years each and until their successors are elected and qualified. On the first Monday in August, after the election, all members of the council shall meet for the purpose of organization, and the newly elected members shall take the oath heretofore provided for before an officer authorized to administer oaths. Terms. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. County of Fayette, State of Georgia. I, James M. Wood, Jr., editor and publisher of the Fayette County News of Fayetteville, Georgia, the official organ of Fayette County, in which the advertisement of the Fayette County's sheriff's sales are published, do certify that the attached is a true and accurate copy of the notice of intention to introduce local legislation in the 1964 session of the General Assembly of the State of Georgia, and that said notice was published on December 11, 18, 23, 1963 and January 1, 1964. Page 2389 This the 17th day of January 1964. /s/ James M. Wood, Jr. Editor Publisher Fayette County News Fayetteville, Ga. Sworn to and signed before me, this 17th day of January 1964. /s/ Helen S. Teague Notary Public. My Commission expires September 21, 1965. (Seal). Georgia, Fayette County. Notice is hereby given that there will be introduced at the January 1964 session of the General Assembly of Georgia a bill to amend the act approved August 21, 1911, Ga. Laws 1911, page 1171, creating a charter for the City of Fayetteville. Qualifications of the mayor and council, the manner of appointment, in case of death or resignation, establish time and place of voting, changing the term of office from one to two years and for other purposes. This December 6, 1963. Hewlette Harrell Representative, Fayette County Approved March 4, 1964. Page 2390 CITY OF CORDELEAUTHORITY TO SELL CERTAIN LAND. No. 680 (House Bill No. 968). An Act to amend an Act creating and establishing a new charter for the City of Cordele, approved August 15, 1922 (Ga. L. 1922, p. 680), as amended, so as to authorize and permit the city commission of the City of Cordele to close, vacate and abandon as a public street and avenue, designated as portions of Seventh Avenue West, and of Twelfth and Fourteenth Streets North, in the City of Cordele, and portions of land lot 215 in the 10th land district of Crisp County, Georgia, defining by particular description, and to sell and convey all the rights, title and interest of the City of Cordele in and to said designated portions of Seventh Avenue West and Twelfth and Fourteenth Streets North to The Cotton Producers Association; to prescribe the terms and condition for such sale; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a new Charter for the City of Cordele, approved August 15, 1922 (Ga. L. 1922, p. 680), as amended, is hereby amended by adding a new section at the end of section 57A to be designated as section 57B and to read as follows: Section 57B. Be it further enacted, that said commission of said city shall have the power and authority to close, vacate and abandon forever as a public street and avenue, designated as portions of Seventh Avenue West, and of Twelfth and Fourteenth Streets North, in the City of Cordele, Crisp County, Georgia, and portions of land lot 215 in the 10th land district of Crisp County, Georgia, particularly described as follows: Tract One: Commencing at a point marked by an iron pipe stake (buried), such point being the point of instance of the center line of Seventh Avenue and the center line of Thirteenth Page 2391 Street in the City of Cordele, Crisp County, Georgia, in accordance with the official map of said City dated December 26, 1956, and recorded in deed book 57 page 275 of the public records of Crisp County, Georgia, and proceeding thence 39.5 feet South 1 degree 38 minutes east along the center line of Thirteenth Street to a point; proceed thence 39.5 feet south 88 degrees 22 minutes west to a point marked by an iron pipe stake, such point being the point of instance of the south right-of-way line of Seventh Avenue and west right-of-way line of Thirteenth Street and being also the point of beginning of this description: Now proceeding from the point of beginning 400 feet south 88 degrees 22 minutes west along the south line of the 79 foot right-of-way of Seventh Avenue to the point of instance of such line with the east line of the 79 foot right-of-way of Fourteenth Street; proceeding thence 92.25 feet south 1 degree 38 minutes east along the east right-of-way line of Fourteenth Street to the point of instance of such line with the north line of the 100 foot right-of-way of the Atlantic Coast Line Railroad; proceeding thence 94.9 feet north 57 degrees 57 minutes west along the Atlantic Coast Line Railroad north right-of-way line to the point of instance of such line with the west right-of-way line of Fourteenth Street; proceeding thence 57.75 feet north 1 degree 38 minutes west along the west right-of-way line of Fourteenth Street to the point of instance of such line with the south line of the 79 foot right-of-way of Seventh Avenue; proceeding thence 89 feet south 88 degrees 22 minutes west along said south line of Seventh Avenue to the point of instance of said line with the above north right-of-way line of said Atlantic Coast Line Railroad; proceeding thence 190 feet north 57 degrees 57 minutes west along said railroad right-of-way line to the point of instance of said line with the north right-of-way line of Seventh Avenue; proceeding thence 247 feet north 88 degrees 22 minutes east along said north line of Seventh Avenue to the point of instance of said line with the west line of the 79 foot right-of-way of Fourteenth Street; proceeding thence 50 feet north 1 degree 38 minutes west along said west line of Fourteenth Street to the point of instance of said line with the south property line of a 16 foot right-of-way now occupied by the transfer track of Page 2392 the Atlantic Coast Line Railroad to the Georgia Southern and Florida Railroad; proceeding thence 79 feet north 88 degrees 22 minutes east along said south line of Atlantic Coast Line Railroad to the point of instance of said line with the east right-of-way line of Fourteenth Street; proceeding thence 50 feet south 1 degree 38 minutes east along said east right-of-way line to the point of instance of such line with the north right-of-way line of Seventh Avenue; proceeding thence 400 feet north 88 degrees 22 minutes east along said north right-of-way line to the point of instance of such line with the west right-of-way line of Thirteenth Street; now proceed 79 feet south 1 degree 38 minutes east to the point of beginning. Said property herein described thus bounded and enclosed is 1.326 acres of street right-of-way lying and being in land lot no. 215 in the 10th land district of Crisp County, Georgia, bounded on the north, east, south and west by lands of The Cotton Producers Association. Tract Two: Commencing at a point marked by an iron pipe stake (buried) which marks the point of instance of the center line of Sixth Avenue and Twelfth Street in the City of Cordele, Crisp County, Georgia, in accordance with the offical map of said city, dated December 26, 1956, and recorded in deed book 57 page 257 of the public records of Crisp County, Georgia, and proceeding thence 39.5 feet north 88 degrees 22 minutes east to a point; proceed thence 39.5 feet south 1 degree 38 minutes east to an iron pipe stake which marks the point of instance of the east line of the 79 foot right-of-way of Twelfth Street with the south line of the 79 foot right-of-way of Sixth Avenue, such point being the point of beginning of this description: Now proceeding from the point of beginning 170 feet south 1 degree 38 minutes east along the east right-of-way line of Twelfth Street to the point of instance of such line with the north line of the 25 foot right-of-way of the transfer track of the Georgia Southern and Florida Railroad to the Atlantic Coast Line Railroad; proceeding thence 79 feet south 88 degrees 22 minutes west along the north right-of-way line of said Georgia Southern and Florida Railroad to Page 2393 a point in the west right-of-way line of Twelfth Street; proceeding thence 170 feet north 1 degree 38 minutes west along said west right-of-way to the point of instance of such line with the south right-of-way line of Sixth Avenue; now proceed 79 feet north 88 degrees 22 minutes east to the point of beginning. Said property described thus bounded and enclosed is 0.309 of an acre of street right-of-way lying and being in land lot no. 215 in the 10th. land district of Crisp County, Georgia, bounded on the north by the right-of-way of Sixth Avenue, on the east and west by lands of The Cotton Producers Association and on south by the right-of-way of the Georgia Southern and Florida Railroad, according to the official plat of survey of said city, approved and adopted on December 26, 1956 as said portions of public streets and avenue having become unsuitable and no longer useful to the public for the purpose to which the same was dedicated and being a charge and a burden on said city to maintain. Section 2. Said commission is empowered to sell and convey all the right, title and interest of the City of Cordele in and to said public streets and avenue designated as portions of Seventh Avenue West and Twelfth and Fourteenth Streets, North, to The Cotton Producers Association, at a sale price to be determined by the City of Cordele subject to the approval by said city commission, provided that the Cotton Producers Association will pay all expenses of whatsoever kind and character in connection with the removal and relocation of all utilities from said streets and avenue, and that the City of Cordele will be held harmless and have no liability to any person or persons in connection with the removal and relocation of said utilities; that all of said utilities will be removed and relocated according to specifications and requirements of the City of Cordele, and that the City of Cordele will incur or pay no expense whatsoever in connection with the sale of any portion of said streets. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2394 Publisher's Affidavit. Georgia, Crisp County. Personally appeared before the undersigned attesting officer authorized by law to administer oaths, Jack C. Mathews, who, being put upon oath, certifies, deposes and swears that he is the publisher, of The Cordele Dispatch; that The Cordele Dispatch is the newspaper in which sheriff's advertisements are published in Crisp County, Georgia; and that the foregoing and attached Notice of Intention to Introduce Local Legislation was published in The Cordele Dispatch on January 10, 1964, January 17, 1964 and January 24, 1964. /s/ Jack C. Mathews Publisher of The Cordele Dispatch Sworn to and subscribed before me, this the 25th day of January, 1964. /s/ William L. McMurray, Jr. Notary Public, Ga. State at Large. My Commission expires Nov. 23, 1966. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that pursuant to a request by the city commission of the City of Cordele, there will be introduced at the January 1964 session of the General Assembly of Georgia, a Bill to amend the charter of the City of Cordele, so as to authorize and permit the city commission of the City of Cordele to close, vacate and abandon as a public street and avenue, designated as portions of Seventh Avenue West, and of Twelfth and Fourteenth Street North, in the City of Cordele, Crisp County, Georgia, and portions of land lot 215 in the 10th. land district of Crisp County, Georgia, particularly described as follows: Tract One: Commencing at a point marked by an iron pipe stake (buried), such point being the point of instance Page 2395 of the center line of Seventh Avenue and the center line of Thirteenth Street in the City of Cordele, Crisp County, Georgia, in accordance with the official map of said City dated December 26, 1956, and recorded in deed book 57 page 275 of the public records of Crisp County, Georgia, and proceeding thence 39.5 feet south 1 degree 38 minutes east along the center line of Thirteenth Street to a point: proceed thence 39.5 feet south 88 degrees 22 minutes west to a point marked by an iron pipe stake, such point being the point of instance of the south right-of-way line of Seventh Avenue and West right-of-way line Thirteenth Street and being also the point of beginning of this description: Now proceeding from the point of beginning 400 feet south 88 degrees 22 minutes west along the south line of the 79 foot right-of-way of Seventh Avenue to the point of instance of such line with the east line of the 79 foot right-of-way of Fourtheenth Street; proceeding thence 92.25 feet south 1 degree 38 minutes east along the east right-of-way line of Fourteenth Street to the point of instance of such line with the north line of the 100 foot right-of-way of the Atlantic Coast Line Railroad; proceeding thence 94.9 feet north 57 degrees 57 minutes west along the Atlantic Coast Line Railroad north right-of-way line to the point of instance of such line with the west right-of-way line of Fourteenth Street; proceeding thence 57.75 feet north 1 degree 38 minutes west along the West right-of-way line of Fourteenth Street to the point of instance of such line with the south line of the 79 foot right-of-way of Seventh Avenue; proceeding thence 89 feet south 88 degrees 22 minutes west along said south line of Seventh Avenue to the point of instance of said line with the above north right-of-way line of said Atlantic Coast Line Railroad; proceeding thence 190 feet north 57 degrees 57 minutes west along said Railroad right-of-way line to the point of instance of said line with the north right-of-way line of Seventh Avenue; proceeding thence 247 feet north 88 degrees 22 minutes east along said north line of Seventh Avenue to the point of instance of said line with the west line of the 79 foot right-of-way of Fourteenth Street; proceeding thence 50 feet north 1 degree 38 minutes west along said west line of Fourteenth Street to the point of instance of said line with the south property line Page 2396 of a 16 foot right-of-way now occupited by the transfer track of the Atlantic Coast Line Railroad to the Georgia Southern and Florida Railroad; proceeding thence 79 feet north 88 degrees 22 minutes east along said south line of Atlantic Coast Line Railroad to the point of instance of said line with the east right-of-way line of Fourteenth Street; proceeding thence 50 feet south 1 degree 38 minutes east along said east right-of-way line to the point of instance of such line with the north right-of-way line of Seventh Avenue; proceeding thence 400 feet north 88 degrees 22 minutes east along said north right-of-way line to the point of instance of such line with the west right-of-way line of Thirteenth Street; now proceed 79 feet south 1 degree 38 minutes east to the point of beginning. Said property herein described thus bounded and enclosed is 1.326 acres of Street right-of-way lying and being in land lot no. 215 in the 10th. land district of Crisp County, Georgia, bounded on the north, east, south and west by lands of The Cotton Producers Association. Tract Two: Commencing at a point marked by an iron pipe stake (buried) which marks the point of instance of the center line of Sixth Avenue and Twelfth Street in the City of Cordele, Crisp County, Georgia, in accordance with the Official Map of said City, dated December 26, 1956 and recorded in deed book 57 page 275 of the public records of Crisp County, Georgia, and proceeding thence 39.5 feet north 88 degrees 22 minutes east to a point; proceed thence 39.5 feet south 1 degree 38 minutes east to an iron pipe stake which marks the point of instance of the east line of the 79 foot right-of-way of Twelfth Street with the south line of the 79 foot right-of-way of Sixth Avenue, such point being the point of beginning of this description; Now proceeding from the point of beginning 170 feet south 1 degree 38 minutes east along the east right-of-way line of Twelfth Street to the point of instance of such line with the north line of the 25 foot right-of-way of the transfer track of the Georgia Southern and Florida Railroad to the Atlantic Coast Line Railroad; proceeding thence 79 feet south 88 degrees 22 minutes west along the north right-of-way line of said Georgia Southern and Florida Railroad to a point in the West right-of-way line of Twelfth Street; Page 2397 proceeding thence 170 feet north 1 degree 38 minutes west along said west right-of-way to the point of instance of such line with the South right-of-way line of Sixth Avenue; now proceed 79 feet north 88 degrees 22 minutes east to the point of beginning. Said property described thus bounded and enclosed is 0.309 of an acre of street right-of-way lying and being in land lot no. 215 in the 10th. land district of Crisp County, Georgia, bounded on the north by the right-of-way of Sixth Avenue, on the east and west by lands of The Cotton Producers Association and on south by the right-of-way of Georgia Southern and Florida Railroad, and to sell, grant and convey all the right, title and interest of the City of Cordele in and to street right-of-way and being portions of Seventh Avenue West, and of Twelfth and Fourteenth Streets North, to the Cotton Producers Association, a corporation; to prescribe the terms and conditions for such sale; to repeal conflicting laws, and for other purposes. This the 9th day of January 1964. /s/ Howard Rainey Representative, Crisp County, Georgia Approved March 4, 1964. CITY OF DECATURFLOOD CONTROL. No. 681 (House Bill No. 972). An Act to amend an Act approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof by providing that the mayor and commission shall have the power of eminent domain in the control of floods, freshets and surface drainage water within the limits of the city; and for other purposes. Page 2398 Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1. That the Act establishing a new charter for the Town of Decatur, now City of Decatur, approved August 17, 1909, be and the same is hereby amended by adding 60 of said Act the following: The mayor and commission shall have full power and authority to control and regulate the flow and drainage of surface water within the limits of the city whether occasioned by floods, freshets or normal surface drainage. In the exercise of the power herein conferred the mayor and commission shall have the authority to utilize the power of eminent domain and proceed by condemnation under and according to the provisions of Chapter 3 of Title 36 of the Code of Georgia of 1933 and the Acts Amendatory thereof. Section 2. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill. Section 3. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher 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, and further avers that legal notice, a true copy of which is hereto attached, intention to apply for local legislation was duly published once a week for 3 Page 2399 weeks as required by law, the dates of publication being January 9, 16, 23, 1964. /s/ Britt Fayssoux Sworn to and subscribed before me, this 30 day of January, 1964. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission expires Mar. 5, 1967. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1964 session of the General Assembly of Georgia a bill to amend an Act approved August 17, 1909, creating and establishing a new charter for the City of Decatur, so as to give the City of Decatur the power to eminent domain in the control of floods, freshets and surface drainage water within the limits of said City; to repeal conflicting laws and for other purposes. James A. Mackay Guy W. Rutland, Jr. J. Robin Harris DeKalb County Representatives Approved March 4, 1964. CITY COURT OF LOUISVILLEPRACTICE AND PROCEDURE. No. 683 (House Bill No. 987). An Act to amend an Act entitled An Act creating the City Court of Louisville, Georgia, for the county of Jefferson; to define its jurisdiction and powers; to provide for the appointment of a judge, solicitor and to provide for other officers thereof; to define their powers and duties Page 2400 and to provide for the compensation of said officers; to provide for pleading and distress on new trials therein; writs of error therefrom, and for other purposes., approved August 19, 1911 (Ga. L. 1911, p. 277), as amended, so as to provide that all suits, causes, actions and all other proceedings shall be brought to the monthly or quarterly term of said city court, except as otherwise provided in this Act, in the same and like manner as suits, causes, actions and proceedings are brought in the superior court; to provide that the processes of said city court to writs or petitions shall be annexed to said writs or petitions (unless such process shall be waived), be signed by the clerk or his deputy, bear teste in the name of the judge of said city court, and be directed to the sheriff or deputy sheriffs of said city court, requiring the defendant or defendants to answer said writ or petition in the same and like manner as writs or petitions are answered in the superior court; 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 the City Court of Louisville, Georgia, for the county of Jefferson; to define its jurisdiction and powers; to provide for the appointment of a judge, solicitor and to provide for other officers thereof; to define their powers and duties and to provide for the compensation of said officers; to provide for pleading and distress on new trials therein; writs of error therefrom, and for other purposes., approved August 19, 1911 (Ga. L. 1911, p. 277), as amended, is hereby amended by striking section 11 of said Act in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. Be it further enacted by the authority aforesaid, that the terms of said city court shall be monthly and quarterly for the trial and disposition of both civil and criminal business. The monthly terms shall be held on the third Monday in each month, and the quarterly terms on the third Mondays in January, April, July and October of each year, and said terms shall continue from day to day unless adjourned over to some other day in the discretion Page 2401 of the judge, until the business is disposed of. When the monthly and quarterly sessions fall upon the same day, the business of the monthly session shall be first disposed of and immediately upon the disposition of the business of the monthly session, the judge shall convene the court in quarterly session. Suits for not exceeding the principal sum of five hundred ($500.00) dollars and all proceedings and issues when not over the principal sum of five hundred ($500.00) dollars in value is involved, shall be brought and returned to the monthly session of said court. All other suits, causes, actions and other proceedings shall be brought and returned to the quarterly term of said court. All suits, causes, actions and proceedings, when brought to any term of said court, shall be brought in the same manner as suits, causes, actions and proceedings are brought in the superior court. Terms, etc. Section 2. Said Act is further amended by striking section 13 in its entirety and inserting in lieu thereof a new section 13 to read as follows: Section 13. Be it further enacted by the authority aforesaid, that all suits, causes and actions in said city court shall, in all respects, be conformable to the mode of proceedings in the superior court except as provided in this Act; the processes of said city court to writs or petitions shall be annexed to such writs or petitions (unless such process shall be waived), be signed by the clerk of said city court or his deputy, bear teste in the name of the judge of said city court and be directed to the sheriff or deputy sheriffs of said city court, requiring the defendant to answer said writ or petition in the same and like manner as writs or petitions are answered in the superior court. Process. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. To Whom it May Concern: Notice is hereby given that a bill will be introduced in the 1964 Session of the General Assembly of Georgia to amend the act creating the City Court of Louisville, as set Page 2402 forth in Georgia Laws 1911 page 277 as amended, so as to provide that the rules of procedure and pleading and practice in civil actions and civil proceedings of all kinds in the City Court of Louisville shall be the same as those now or hereafter prescribed for civil actions and civil proceedings of all kinds in the Superior Courts of this State. This 6th day of January, 1964. J. Roy McCracken, Representative, Jefferson County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Roy McCracken, who, on oath, deposes and says that he is Representative from Jefferson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The News and Farmer, which is the official organ of said County, on the following dates: January 9, 16, 23, 1964. /s/ J. Roy McCracken Representative, Jefferson County Sworn to and subscribed before me, this 29th day of January, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. Approved March 4, 1964. Page 2403 CITY OF AUGUSTACHARTER AMENDED. No. 685 (House Bill No. 1173). An Act to amend the charter of the City of Augusta, incorporated as the city council of Augusta (Georgia Laws, 1798), as amended by the various amendatory Acts thereof, so as to provide that the polling places at elections shall close at 7:00 P.M. and, further to provide that the mayor of the City of Augusta shall be elected by a majority of the votes cast, and that a run-off election shall be held in the event no mayoralty candidate receives a majority of the votes cast in which run-off election the successful candidate need only receive a plurality of the votes cast; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: Section 1. That the charter of the City of Augusta, incorporated as the city council of Augusta, by an act approved January 31, 1798 (Ga. L., 1798) as amended by the various amendatory acts thereof, and particularly as amended by an act approved February 8, 1955 (Ga. L., 1955, pp. 2120-2139) is hereby further amended as hereinafter provided: (a) By deleting from the said Act approved February 8, 1955 (Ga. L., 1955, pp. 2120-2139) the figures 6:00 where they appear on the third line from the top of the section on page 2136 captioned: Hour polls to be open, and substituting in lieu thereof the figures 7:00. (b) By deleting from the said Act approved February 8, 1955 the word plurality in the place where it appears on the eighteenth (18th) line from the top of page 2137, under the section captioned: Ascertainment of Election Results, and substituting in lieu thereof the word majority. (c) By deleting from the said Act approved February 8, 1955, the word mayor in the two places where it appears on the first line and in the one place where it appears on the fifth line of the section on page 2137 captioned: Ties Page 2404 in the Election of Mayor, and substituting, in each place where the word mayor appears, in lieu thereof, the word councilman. (d) By adding a new section to said Act approved February 8, 1955, to be captioned as follows and to contain the following language: Run-off Election : In the event that no person shall have received a majority of the consolidated votes cast in any election for the office of mayor, the city council of Augusta shall immediately call another election to be held not earlier than one week nor later than three weeks after the date of the regular election, and the two persons receiving the highest number of the consolidated votes cast for the office of mayor in the regular election shall be determined to be the sole candidates in the run-off election. In the event, however, that there are two persons who have the same number of consolidated votes for the second position, in determining those who received the highest number of votes cast, then the three persons receiving the highest number of the consolidated votes cast shall be determined to be the sole candidates in the run-off election. Such run-off election shall be governed by the same laws as those which governed the said election in which no candidate receivd a majority of the votes cast, however, in such run-off election, if there are more than two candidates, the person receiving the plurality of the consolidated votes cast therein shall be declared as having been elected. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January-February, 1964 Session of the General Assembly of Georgia: An Act An Act to amend the charter of the City of Augusta, incorporated as the city council of Augusta by an Act approved Page 2405 January 31, 1798 (Ga. L., 1798) and the several amendatory Acts thereof, and especially as amended by Act of the General Assembly approved February 8, 1955 (Ga. L., 1955, (pp. 2120-2139), so as to provide the hours that the polls shall be open; to require that the election to the office of mayor must be by a majority and not a plurality of the votes cast; to provide for a run-off election in the event no candidate for mayor receives a majority of the votes cast in the regularly scheduled election; and for other purposes. E. D. Fulcher, City Attorney, The City Council of Augusta. State of Georgia, Richmond County. Personally appeared, Marie LeRoy, who being duly sworn says that she is an officer of Southeastern Newspapers Corporation, publishers of The Augusta Herald a daily newspaper in Augusta, in said State and County, and that the advertisement Notice of Intention to Apply for Local Legislation duly appeared in said newspaper on the following dates to wit: December 20, 27, 1963; January 3, 1964. Marie LeRoy, Secty. Sworn to and subscribed before me, this 6 day of January, 1964. /s/ Katie Broadwater, Notary Public, Richmond County, Ga. My Commission Expires Jan. 14, 1964. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January-February, 1964 Session of the General Assembly of Georgia: An Act. An Act to amend the charter of the City of Augusta, incorporated as the city council of Augusta by an Act approved Page 2406 January 31, 1798 (Ga. L., 1798) and the several amendatory Acts thereof, and especially as amended by Act of the General Assembly approved February 8, 1955 (Ga. L., 1955, pp. 2120-2139), so as to provide the hours that the polls shall be open; to require that the election to the office of mayor must be by a majority and not a plurality of the votes cast; to provide for a run-off election in the event no candidate for mayor receives a majority of the votes cast in the regularly scheduled election; and for other purposes. E. D. Fulcher, City Attorney, The City Council of Augusta. State of Georgia, Richmond County. Personally appeared, W. S. Morris, who being duly sworn says that he is an officer of Southeastern Newspapers Corporation, publishers of The Augusta Herald a daily newspaper in Augusta, in said State and County, and that the advertisement Notice of Intention to Apply for Local Legislation duly appeared in said newspaper on the following dates to wit: December 20, 27, 1963; January 3, 1964. W. S. Morris, President and Publisher. Sworn to and subscribed before me, this 12 day of February, 1964. /s/ Katie Broadwater, Notary Public, Richmond Co., Georgia. My Commission Expires Jan. 14, 1968. (Seal). Approved March 4, 1964. Page 2407 ACT PROVIDING FOR PENSIONS FOR EMPLOYEES OF CITIES HAVING A POPULATION OF MORE THAN 150,000 AMENDED. No. 686 (House Bill No. 706). An Act to amend the Act approved August 20, 1927, (Ga. L. 1927, p. 265 et seq.) providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or 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, and as amended particularly by an Act approved April 9, 1963, (Ga. L. 1963, p. 3061 et seq.) so as to provide that if any such city has an administrative assistant to the mayor, that the mayor of such city may designate such administrative assistant to the mayor to serve on the Board of Trustees in his stead; to provide that the Board of Trustees shall elect a chairman and secretary; 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 (Ga. L. 1927, p. 265 et seq.) and the several Acts amendatory thereof, and as amended particularly by an Act approved April 9, 1963 (Ga. L. 1963, p. 3061 et seq.), be and the same is hereby further amended as follows: Section 1. That said Act, as amended by the Act approved April 9, 1963 (1963 Ga. L., p 3061 et seq.) be amended by striking from section 2 the following: 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, Board of trustees. and inserting in lieu thereof the following: Said Board of Trustees shall elect a chairman and a Page 2408 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. Section 2. That Section 2 of the said Act approved April 9, 1963 (Ga. L. 1963, p. 3061 et seq.) be amended by adding thereto the following: Provided that if such city has an administrative assistant to the mayor that the mayor shall have the privilege of designating such administrative assistant to the mayor to serve on the Board of Trustees in his stead and when so acting, he shall have all the powers herein conveyed to the mayor, so that section 2, as amended hereby, shall read as follows: 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 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. Said Board of Trustees shall elect a chairman and a 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. Page 2409 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. Provided that if such city has an administrative assistant to the mayor that the mayor shall have the privilege of designating such administrative assistant to the mayor to serve on the Board of Trustees in his stead and, when so acting, he shall have all the powers herein conveyed to the mayor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964. ACT PROVIDING PENSIONS FOR MEMBERS OF FIRE DEPARTMENTS IN CITIES HAVING A POPULATION OF MORE THAN 150,000 AMENDED. No. 687 (House Bill No. 707). An Act to amend the Act approved August 13, 1924, and the several acts amendatory thereof, and as amended particularly by an act approved April 12, 1963 (1963 Ga. L., p. 3356 et seq.), providing a system of pensions and other benefits for members of the paid fire departments in cities having a population of more than 150,000 by the United States Census of 1920, and any subsequent census, to provide that if any such city has an administrative assistant to the mayor that the mayor of such city may designate such administrative assistant to the mayor to serve on the Board of Trustees in his stead; to repeal conflicting laws; and for other purposes. Page 2410 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 (Ga. L. 1924, p. 167 et seq.), and the several Acts amendatory thereof, and as amended particularly by an Act approved April 12, 1963 (1963 Ga. L., p. 3356 et seq.), be and the same is hereby further amended as follows: Section 1. By adding to section 2 of said Act approved April 12, 1963 (1963 Ga. L., p. 3356 et seq.) the following: Provided that if such city has an administrative assistant to the mayor that the mayor shall have the privilege of designating such administrative assistant to the mayor to serve on the Board of Trustees in his stead and, when so acting, he shall have all the powers herein conveyed to the mayor, so that section 2, as amended hereby, shall read as follows: Board of trustees. 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 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. Provided that if such city has an administrative assistant to the mayor that the mayor shall have the privilege of designating such administrative assistant to the mayor to serve on the Board of Trustees in his stead and, when so acting, he shall have all the powers herein conveyed to the mayor. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 4, 1964. Page 2411 PENSION ACT FOR POLICEMEN OF CITIES HAVING A POPULATION OF MORE THAN 150,000 AMENDED. No. 688 (House Bill No. 708). 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 other subsequent census thereof and providing a new pension system for members of the police department in such cities (Ga. L. 1933, pp. 213-224), and the several Acts amendatory thereof, and as amended particularly by an Act approved April 4, 1963, (1963 Ga. L., p. 2891 et seq.) so as to provide that if any such city has an administrative assistant to the mayor, that the mayor of such city may designate such administrative assistant to the mayor to serve on the Board of Trustees in his stead; 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 (Ga. L. 1933, p. 213 et seq.) and the several Acts amendatory thereof, and as amended particularly by an Act approved April 4, 1963 (1963 Ga. L., p. 2891 et seq.), be and the same is further amended as follows: Section 1. That said Act, as amended by the Act approved April 4, 1963 (1963 Ga. L., p. 2891 et seq.) be and the same is amended by adding to section 2 thereof the following: Board of trustees. Provided that if such city has an administrative assistant to the mayor that the mayor shall have the privilege of designating such administrative assistant to the mayor to serve on the Board of Trustees in his stead and, when so acting, he shall have all the powers herein conveyed to the mayor, so that section 2, as amended hereby, shall read as follows: There is hereby established to serve without pay a Board of Trustees whose duty it shall be to manage the funds that Page 2412 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. Provided that if such city has an administrative assistant to the mayor that the mayor shall have the privilege of designating such administrative assistant to the mayor to serve on the Board of Trustees in his stead and, when so acting, he shall have all the powers herein conveyed to the mayor. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 4, 1964. CITY OF WOODBURYAD VALOREM TAX, REFERENDUM. No. 689 (House Bill No. 712). An Act to amend an Act providing and establishing a charter for the City of Woodbury in the County of Meriwether approved August 16, 1913 (Ga. L. 1913, p. 1264), as amended, so as to authorize the mayor and council of the City of Woodbury to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of said city not to exceed twelve mills upon each dollar of valuation to defray the ordinary expenses of the city government; to authorize the levy and collection of an ad valorem tax not to exceed four mills upon each dollar of valuation of property for macadamizing, capital improvements and bond payments; to provide for referendum; to repeal conflicting laws; and for other purposes. Page 2413 Be it enacted by the General Assembly of Georgia: Section 1. An Act providing and establishing a charter for the City of Woodbury in the County of Meriwether approved August 16, 1913 (Ga. L. 1913, p. 1264), as amended, is hereby amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10 to read as follows: Section 10. Be it further enacted, That for the purpose of raising revenues to defray the ordinary expenses incident to the proper support and maintenance of city government said mayor and council of City of Woodbury shall, commencing with the calendar year 1964, have full power and authority to levy and collect an ad valorem tax upon all property, both real and personal, in the corporate limits of said city, not to exceed twelve mills upon each dollar of valuation. In addition thereto the said mayor and council shall have the authority to levy and collect an ad valorem tax not to exceed four mills for macadamizing, capital improvements and bond payments. Ad valorem tax. 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 governing authorities of the City of Woodbury to issue the call for an election for the purpose of submitting this Act to the voters of the City of Woodbury for approval or rejection. The governing authorities 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 said governing authorities 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 authorizing the Mayor and Council of the City of Woodbury to increase the ad valorem tax levied and collected upon all property, both real and personal, in the corporate limits of the City of Woodbury. Against approval of the Act authorizing the Mayor and Page 2414 Council of the City of Woodbury to increase the ad valorem tax levied and collected upon all property, both real and personal, in the corporate limits of the City of Woodbury. Referendum. All persons desiring to vote in favor of this Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If more than one-half 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 Woodbury. It shall be the duty of the governing authorities of the City of Woodbury 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 authorities 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. 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: Dec. 26, 1963, Dec. 19, 1963 and January 2, 1964. /s/ Render Hill, Representative, Meriwether County. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1964 Session of the General Assembly of Georgia, a bill to amend an Act providing and establishing a Page 2415 charter for the City of Woodbury of Meriwether approved August 16, 1913 (Ga. Laws 1913, p. 1264), as amended, so as to authorize the mayor and council of the City of Woodbury to levy and collect an ad valorem tax upon all property both real and personal in the corporate limits of said city not to exceed twelve mills upon each dollar of valuation to defray the ordinary expenses of the city government; to authorize the levy and collection of an ad valorem tax not to exceed four mills upon each dollar of valuation of property for macadamizing, capital improvements and bond payments; to provide for referendum; to repeal conflicting laws; and for other purposes. This 17 day of Dec. 1963. /s/ Render Hill, Representative, Meriwether County. Sworn to and subscribed before me, this 14 day of January, 1964. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 4, 1964. FULTON COUNTYOFFICE OF CORONER ABOLISHEDOFFICE OF MEDICAL EXAMINER CREATED. No. 690 (House Bill No. 722). An Act to abolish the office of coroner of Fulton County; to create the office of medical examiner of Fulton County; to prescribe the eligibility requirements for medical examiner of Fulton County; to provide for the selection of medical examiner of Fulton County and his term of office; to provide for the compensation and expenses of the medical examiner of Fulton County; to provide for Page 2416 the functions, powers and duties of the office of medical examiner of Fulton County; to provide an effective date; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The office of coroner of Fulton County is hereby abolished, effective January 1, 1965. Coroner. Section 2. There is hereby created the office of medical examiner of Fulton County. To be eligible to be medical examiner of Fulton County, a person must have the following qualifications: Medical Examiner. 1. He must have a Doctor of Medicine Degree and be licensed to practice medicine under the provisions of Chapter 84-9 of the annotated Code of Georgia. 2. He shall have had at least three years of active practice in Pathology. 3. He shall have had at least one year of medico-legal training, or one year of active experience in a scientific field in which legal or judicial procedures are involved at the county, state or federal level. Section 3. The medical examiner of Fulton County shall be selected by the commissioners of roads and revenues of Fulton County to serve until he shall die or resign or be removed for cause. The first medical examiner of Fulton County selected under this act shall take office January 1, 1965. The medical examiner of Fulton County shall be compensated in such amount as shall be determined by said commissioners of roads and revenues of Fulton County. All expenses of the office of medical examiner shall be paid by Fulton County. Selection, etc. Section 4. All of the functions of, and all of the powers, rights and duties of and heretofore exercised by the coroner of Fulton County with reference to post-mortem examinations and inquests shall be performed by and exercised by the medical examiner of Fulton County provided however Page 2417 that said medical examiner shall have no authority to summon and panel a jury to hold inquests. Duties. Section 5. The medical examiner of Fulton County shall be authorized to perform all of the functions prescribed for a coroner under the provisions of the Georgia Post-Mortem Examination Act approved March 11, 1953, (Ga. L., 1953, Jan.-Feb. Sess., p. 602) as amended except that sections 13, 14, 15, 16 and 17 of said Act shall be inapplicable. Same. Section 6. Chapter 21-9 of the Code of Georgia shall have no application to the medical examiner of Fulton County. Intent. Section 7. This act shall be effective only in the event that there shall be approved at the general election held in 1964 an amendment to Article XI, Section I, Paragraph VI, of the Constitution so as to authorize the General Assembly to abolish the office of Coroner of Fulton County and create the office of Medical Examiner of Fulton County. Effective date. Section 8. All laws, or parts of laws, in conflict with this act are hereby repealed. Publisher's Affidavit. State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the secretary of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 27th day of December, 1963, and on the 3rd, 10th and 17th days of January, 1964 as provided by law. Bessie K. Crowell. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the next, January 1964, Session of the General Assembly of Georgia Page 2418 for passage of local legislation creating the office of medical examiner and prescribing the duties thereof and qualifications therefor, the same to become effective upon passage of necessary legislation, abolishing the office of coroner in Fulton County. This 27th day of December, 1963. Harold Sheats, County Attorney. Subscribed and sworn to before me, this 24th day of January, 1964. /s/Mildred N. Lazenby, Notary Public, Georgia State at Large. My Commission Expires Oct. 18, 1967. (Seal). Approved March 4, 1964. CITY OF GRIFFINCORPORATE LIMITS. No. 691 (House Bill No. 727). An Act to amend the charter of the City of Griffin approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, by enlarging the present city boundaries and the corporate limits by the annexation of certain described property adjacent to the present city limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the charter of the City of Griffin approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, which Act defines the corporate limits of the City of Griffin, as amended, be, and the same is hereby amended by extending and increasing the city limits and corporate limits and boundaries of the City of Griffin so as to include and annex the following described property, which is now Page 2419 adjacent to the present city limits and boundaries of the City of Griffin, Spalding County, Georgia, to-wit: All that lot, tract or parcel of land lying, being and situate in land lots 99, 100, and 126 of the third district of original Henry, now Spalding County, Georgia, as shown in a plat entitled Proposed Addition to the City of Griffin dated December 28, 1963, and recorded in plat book 6, page 377 in the office of the clerk of the Spalding Superior Court. Said proposed addition may be more particularly described as: Beginning at the present city limits on the west right of way line of Atlanta Road (Georgia State Highway 3), said point of beginning being the southeast corner of lot 8 in block 2 of Blake Brothers subdivision; thence from said point of beginning northeastwardly one thousand seven hundred seventy-two and nine-tenths (1772.9) feet along the west right of way line of Atlanta Road (Georgia State Highway 3) to the north boundary of land lot 126 and the northeast corner of lot 11-B of Mobley subdivision; thence west, one thousand ninety-four and five-tenths (1094.5) feet along the north boundaries of land lots 126 and 99 to the southeast corner of lot 9 in block G of Highland Heights subdivision; thence north 8 degrees 25 minutes west, five hundred ninety-three and no-tenths (593.0) feet to the south margin of Lucky Street and the northwest corner of lot 25 in block E of Avalon subdivision; thence north 88 degrees 35 minutes west, one thousand four hundred twenty-eight and four-tenths (1428.4) feet along the south margin of Lucky Street to the east right of way line of the North Expressway (Georgia State Highway 401); thence north 88 degrees 35 minutes west, two hundred and no-tenths (200.0) feet across the North Expressway to the west right of way line of the North Expressway and the present city limits of the City of Griffin; thence southeastwardly, one thousand eight hundred four (1804) feet, more or less, along the present city limits and west right of way line of the North Expressway; thence southeastwardly, four hundred fifteen (415) feet, more or less, along the present city limits to a point on the west boundary of lot 2 in block 6 of Beatty Hill subdivision; thence north 3 degrees 11 minutes east, six hundred sixty-two and seventy-three hundredths (662.73) feet along the present city Page 2420 limits to the northwest corner of lot 5 in block 9 of Beatty Hill subdivision; thence south 86 degrees 49 minutes east, two hundred and no-tenths (200.0) feet along the present city limits to the west margin of Ridge Street and the northeast corner of lot 5 in block 9 of Beatty Hill subdivision; thence south 3 degrees 11 minutes west, twenty-five (25) feet, more or less, along the present city limits and the west margin of Ridge Street; thence south 86 degrees 49 minutes east, fifty and no-tenths (50.0) feet along the present city limits and across Ridge Street to the intersection of the east margin of Ridge Street with the south margin of Upland Drive; thence south 86 degrees 49 minutes east, two hundred and no-tenths (200.0) feet along the present city limits and the south margin of Upland Drive to the northwest corner of lot 19 in block 7 of Beatty Hill subdivision; thence north 3 degrees 11 minutes east, two hundred ten and no-tenths (210.0) feet along the present city limits to the northwest corner of lot 12 in block 8 of Beatty Hill subdivision; thence north 89 degrees 03 minutes east, one hundred seventy-two and no-tenths (172.0) feet along the present city limits to the northeast corner of lot 13 in block 8 of Beatty Hill subdivision; thence south 3 degrees 53 minutes east, one hundred six and three-tenths (106.3) feet along the present city limits to the northwest corner of lot 15 in block 8 of Beatty Hill subdivision; thence south 59 degrees 42 minutes east, one hundred seventy-one and seven-tenths (171.7) feet along the present city limits to a point on the east margin of Spring Valley Circle; thence northwardly, sixty-seven and no-tenths (67.0) feet, more or less, along the present city limits and the curving east margin of Spring Valley Circle to the northwest corner of lot 18 in block 12 of Beatty Hill subdivision; thence south 46 degrees 06 minutes east, sixtysix and two-tenths (66.2) feet along the present city limits to the northeast corner of lot 18 in block 12 of Beatty Hill subdivision; thence south 88 degrees 08 minutes east, two hundred fifty-one and nine-tenths (251.9) feet along the present city limits to the southwest corner of lot 4 in block 12 of Beatty Hill subdivision; thence north 2 degrees 08 minutes west, one hundred ninety-four and two-tenths (194.2) feet along the present city limits to a point on the Page 2421 north margin of Spring Valley Circle; thence north 87 degrees 52 minutes east, fifty-three and seven-tenths (53.7) feet along the present city limits and the north margin of Spring Valley Circle to the southwest corner of lot 10 in block 11 of Beatty Hill subdivision; thence north 2 degrees 08 minutes west, one hundred seventy-five and no-tenths (175.0) feet along the present city limits to the northwest corner of lot 10 in block 11 of Beatty Hill subdivision; thence north 87 degrees 52 minutes east, seven hundred and seven-tenths (700.7) feet along the present city limits to the northeast corner of lot 17 in block 11 of Beatty Hill subdivision; thence south 15 degrees 06 minutes west, five hundred two and two-tenths (502.2) feet along the present city limits to a point on the east boundary of lot 21 in block 11 of Beatty Hill subdivision; thence south 21 degrees 39 minutes west, three hundred seventy-four and seven-tenths (374.7) feet along the present city limits to the southeast corner of lot 10 in block 3 of Beatty Hill subdivision; thence north 69 degrees 14 minutes west, two hundred and seven-tenths (200.7) feet along the present city limits to the west margin of Spring Valley Circle; thence south 22 degrees 40 minutes west, two hundred fifty and no-tenths (250.0) feet along the present city limits and the west margin of Spring Valley Circle to the south margin of Beatty Street and the northeast corner of lot 27 in block 5 of Beatty Hill subdivision; thence south 67 degrees 20 minutes east, two hundred and no-tenths (200.0) feet along the present city limits and the south margin of Beatty Street to the Northeast corner of lot 11 in block 2 of Blake Brothers subdivision; thence south 22 degrees 40 minutes west, one hundred fifty and no-tenths (150.0) feet along the present city limits to the southeast corner of lot 11 in block 2 of Blake Brothers subdivision; thence south 67 degrees 20 minutes east, one hundred seventy-five and no-tenths (175.0) feet along the present city limits to the southeast corner of lot 8 in block 2 of Blake Brothers subdivision and point of beginning. Section 2. Notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XVI of the Constitution of Page 2422 Georgia 1945, and there is attached hereto and made a part of this Act a copy of the notice with the affidavit of the authors stating that said notice has been published as provided by law. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Local Legislation. Notice is hereby given that the application for the passage of local legislation at the January session 1964 of the General Assembly of Georgia will be made in order to amend the charter of the City of Griffin, as amended, to: (a) To provide that the ordinary shall have charge of city elections; (b) To amend the Griffin Retirement Pension Act; and (c) To annex to the present area of the City of Griffin an area north of the present city limits bounded on the north by Lucky Street and Avalon subdivision; on the west by U. S. Highway 41 19; on the south by the present city limits; and on the east by Georgia Highway 3. This December 23, 1963. /s/ J. S. Langford, City Manager, City of Griffin. Georgia, Spalding County. Personally appeared before me, the undersigned officer, duly authorized to administer oaths, Arthur K. Bolton and O. Q. Melton, Jr., who on oath depose and say that they are Representatives from Spalding County, Georgia, and that the attached copy of Notice of Local Legislation was published in the Griffin Daily News, which is the official organ Page 2423 for said county, on the following dates: December 23, 1963, December 30, 1963 and January 6, 1964. /s/ Arthur K. Bolton /s/ Quimby Melton, Jr. Representatives, Spalding County, Georgia Sworn to and subscribed before me, this 14th day of January, 1964. /s/ Frances W. Pool Notary Public, Georgia State at Large. My Commission Expires April 6, 1965. (Seal). Approved March 4, 1964. ACT CREATING JOINT CITY-COUNTY BOARD OF TAX ASSESSORS IN CERTAIN COUNTIES AMENDED. No. 692 (House Bill No. 748). An Act to amend the act creating a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, according to the United States Census of 1950, or any future United States Census, as amended (Ga. L. 1952, pp. 2825 et. seq.), so as to eliminate certain restrictions on the power of such boards to employ an attorney; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That Section I-A of the amendment to the act creating the joint city-county board of tax assessors, relating to the employment of an attorney (Ga. L. 1956, pp. 3466 et seq.), approved March 17, 1956, as amended, be and the same is hereby amended by striking therefrom the following clause: eight years, at the expiration of which time the said position is hereby abolished, and by substituting Page 2424 in lieu thereof the following words: four years, so that said section when amended shall read as follows: There is hereby created the position of attorney for the joint city-county board of tax assessors. Such attorney shall be a licensed practicing attorney of not less than five years' experience and shall be a resident of the city or the county. He shall perform such services as may be required of him by the joint city-county board of tax assessors or the city or county attorneys, in relation to legal tax matters. He shall not be subject to nor shall he be entitled to any benefit of the civil service laws applicable to the city or the county. He may be a former employee of such city or county who has retired on a pension applicable to his employment, in which event he shall receive such pension in addition to his salary hereinafter provided, and shall not, by virtue of his employment as such attorney, be entitled to additional pension benefits. He shall be elected by said joint board of tax assessors upon the nomination of the city attorney and the county attorney and shall serve for a term of four years. He may be removed at any time for cause by the tax assessors after a hearing. His salary shall be seven thousand two hundred dollars per annum, payable in equal monthly installments or other proportionate payments to be made at shorter intervals of time. The salary of such attorney shall be paid by the county and the city shall reimburse the county four-sevenths thereof. Nothing herein shall be construed to limit or restrict the authority of the city attorney or the county attorney to represent the board of tax assessors in all litigated matters as heretofore established by this article and all amendments thereto. Should there be a vacancy in said position by death, resignation or otherwise of the person elected to such position, said position shall thereupon stand abolished. Said attorney shall not directly or indirectly represent as attorney or counsellor at law any person or cause whose interests are in conflict with the interest of the city or county. He shall not appear as attorney before the board of county commissioners or the mayor and board of aldermen or any committee thereof in any matter pending before said board of county commissioners or the mayor and board of aldermen. Except as Page 2425 herein expressly prohibited, he shall be eligible to engage in the practice of law. Attorney. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 4, 1964. CITY OF SAVANNAHREVENUES FOR SERVICES. No. 694 (House Bill No. 784). An Act to amend an Act entitled An Act to amend the several Acts relating to and incorporating the mayor and aldermen of the City of Savannah, amendatory thereof and supplementary thereto, by providing additional charges for services, providing for the disposition of the revenues received therefrom, from the purpose of paying the bounded debt of the mayor and aldermen of the City of Savannah; and for other purposes., approved February 19, 1951 (Ga. L. 1951, p. 2539) so as to remove therefrom procedures for collection charges for certain services performed by the City of Savannah and their disposition; 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 several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, amendatory thereof and supplementary thereto, by providing additional charges for services, providing for the disposition of the revenues received therefrom, for the purpose of paying the bonded debt of the mayor and aldermen of the City of Savannah; and for other purposes., approved February 19, 1951 (Ga. L. 1951, p. 2539), is hereby amended by striking in their entirety sections 3 through 12, inclusive. Section 2. Said Act is further amended by renumbering the present sections 13 and 14 as sections 3 and 4, respectively. Page 2426 Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, Chatham County. Personally appeared before me Lloyd G. Eder to me known, who being by me sworn, deposes and says: That he is the vice president of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press; That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That said newspaper is of general circulation in said county and in the area adjacent thereto and is the newspaper designated and customarily used by the sheriff of Chatham County for the publication of advertisements and by the other officials and official bodies of and in said county for the publication of notices required by law; That he is authorized to make affidavits of publication on behalf of said publisher corporation and that the following advertisement, to wit: State of Georgia, County of Chatham. Notice of intention to Apply for Local Legislation. 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 improvements against the abutting real estate; to amend the police jurisdiction; to amend the act approved February 19, 1951 (Ga. L. 1951, p. 2539) by striking certain sections therefrom; to otherwise amend Page 2427 the laws constituting the charter of the mayor and aldermen of the City of Savannah and for other purposes. /s/ James B. Blackburn City Attorney has been published in said Savannah Evening Press once a week for 3 weeks to-wit: in the regular issues of December 23, 30, 1963, January 6, 1964. /s/ Lloyd G. Eder Sworn to and subscribed before me, this 14th day of January, 1964. /s/ Eleanor F. Carriere Notary Public, Chatham County, Ga. (Seal). Approved March 4, 1964. EMERITUS OFFICES AUTHORIZED IN CERTAIN COUNTIES. No. 699 (House Bill No. 853). An Act to provide that in all counties in the State of Georgia having a population of not less than 150,000 and not more than 175,000, according to the United States Census of 1960, or any future United States Census, the county commission or other governing authority are authorized to create, by appropriate resolution, in the government of such counties, emeritus offices for former county commissioners, former department heads and assistant department heads of said county government; to fix the terms and conditions on which such emeritus appointments may qualify; to fix the salaries to be paid such emeritus officers; to repeal conflicting laws, and for other purposes. Page 2428 Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That this bill shall be for application in all counties in the State of Georgia having a population of not less than 150,000 and not more than 175,000, according to the United States Census of 1960, or any future United States Census. Where applicable. Section 2. That the county commissioners or other governing authorities of all such counties shall have power and authority to create by appropriate resolution emeritus offices for former county commissioners, former heads of departments and assistant department heads of the applicable county, subject to the conditions hereinafter set forth. Authority. Section 3. The salary to be paid such emeritus officers should not exceed the sum of $10.00 per month, and shall be in addition to any pension or other retirement benefit which such former commissioner, department head or assistant department head may be entitled to receive. Salaries. Section 4. Such emeritus officers shall serve in the county in an advisory capacity when requested to do so by any county commission or other governing authority of the county, or by any succeeding active department head or assistant department head. Duties. Section 5. It is not the intention of this act to affect any pension plan or retirement plan in force in the government of such county, nor is it the intention of this act to create any right in an emeritus appointee to become a member of any pension or retirement plan in force in the government of such county, nor is it intended that this act shall repeal or amend any laws or parts of laws creating a pension or retirement plan in force in the government of any such county. Intent. Section 6. All such emeritus appointees shall serve at the pleasure of the county commissioners or other governing Page 2429 authorities, or until they resign from the emeritus office. Terms. Section 7. All such emeritus appointments can be made immediately upon the adoption and approval of this act. Effective date. Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 4, 1964. CITY OF CANTONCORPORATE LIMITS. No. 700 (House Bill No. 874). An Act to amend an Act incorporating the City of Canton approved August 1, 1922 as amended by an Act approved February 27, 1963 by deleting a certain part from section 2 of said Act of 1963, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved February 27, 1963 and published in Georgia Laws 1963, Volume 2, page 2013, et seq., amending the charter of the City of Canton by annexing the territory therein described is hereby amended by deleting therefrom line 7 and part of line 8 of section 2 of said Act as follows: from the date of the ratifications of this Act by the voters as herein provided, said words being a typographical error, so that when amended section 2 of said Act shall read as follows: 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 of said city and the duties and obligations of citizenship, and shall have all of the privileges and benefits thereof 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 Page 2430 citizens and residents of said city residing therein on the present date. 1963 Act amended. 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 1964 Session of the General Assembly of Georgia a bill to amend the charter of the City of Canton to correct a typographical error contained in the charter. This 6th day of January, 1964. /s/ Dr. Jack Fincher, Senator, 51st Senatorial District /s/ Dr. Grady N. Coker, Representative, Post No. 1, Cherokee County, Georgia /s/ 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 organ of said county, on the following dates: January 9, 1964; January 16, 1964; and January 23, 1964. /s/ Marion T. Pope, Jr. Representative, Cherokee County. Page 2431 Sworn to and subscribed before me, on this 27th day of January, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 4, 1964. CITY OF CANTONCORPORATE LIMITS, REFERENDUM. No. 701 (House Bill No. 879). 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 contiguous and adjacent to the south 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 of 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 south side, the area hereby annexed lying and being in the 14th and 15th districts and 2nd section of Cherokee County, Georgia, and being described as follows: Beginning at the center of Etowah River at the west side of the present city limits, and thence following the center of Etowah River westward and southward to Page Creek Page 2432 which enters said river at the south, thence following Page Creek southward to the south side of Georgia Highway Twenty (20), thence following the south side of Georgia Highway Twenty (20) a southwesterly and westerly direction to the intersection of the East side of Butterworth Road, thence following the northeast and north side of Butterworth Road to Georgia Highway Five (5), thence crossing said highway to, and continuing on the northeast side of, Univeter Road to the intersection of the northwest side of Cherokee Drive, thence following the northwest side of Cherokee Drive to Killian Road, thence following the west side of Killian Road to a point 1320 feet south from the north line of land lot 164 in the 14th land district, thence east to the branch flowing from Jackson Lake, thence a northeasterly direction along Jackson Lake branch to the north side of Georgia Highway No. 140, thence following the north side of Georgia Highway 140 a southeasterly, easterly, and northeasterly direction to a point located 890 feet east from the east line of land lot no. 201 in the 14th land district, which point is 1080 feet north from the south line of said lot no. 201, thence a straight line east to the east line of land lot no. 201, thence north along the east line of lots of land nos. 201 and 202 in the 14th land district to the north side of Georgia Highway Twenty (20), thence southwestward along the north side of Georgia Highway Twenty (20) to the east line of S. E. Hyatt's property, thence a north and west direction along the line of S. E. Hyatt's property to the present city limits of Canton, thence following the present city limits of the City of Canton southward, westward, northwestward, and northward to the center of Etowah River, the beginning point. 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, 1964, 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 Page 2433 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 citizens of good character, and residents of Cherokee County, as managers of said election, at least one of said managers shall be a resident of the area proposed to be annexed. Said managers need have no 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 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 Page 2434 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. Effective date. Section 4. When said added territory becomes a part of the City of Canton as herein provided, that part of the territory hereby annexed, together with the part of ward 3 (as defined by the Act of the General Assembly of Georgia of 1964 dividing Canton into wards) which lies south of Canton Creek, and east of Canton Spur of Georgia Highway Five (5) from Canton Creek to Scott Mill Road, and northeast of Scott Mill Road to Killian Road, and east of Killian Road southward from Scott Mill Road to the south limit of said annexed territory shall become a part of ward no. 2 of the City of Canton. Wards. Section 5. That part of the annexed territory and the remaining part of ward 3 (as defined by the Act of the General Assembly of Georgia of 1964 dividing Canton into wards) which lies west of Canton Spur of Georgia Highway Five (5), southwest of Scott Mill Road to Killian Road, and West of Killian Road southward to the south limit of the said annexed territory shall constitute ward 3 of the City of Canton. Section 6. 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 1964 Session of the General Assembly of Georgia a bill to amend the Charter of the City of Canton to provide for an extension of the city limits on the south side and providing for a referendum. Page 2435 This 6th day of January, 1964. /s/ Dr. Jack Fincher, Senator, 51st Senatorial District /s/ Dr. Grady N. Coker, Rep., Post No. 1 Cherokee County, Georgia /s/ Marion T. Pope, Jr., Rep., 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 organ of said county, on the following dates: January 9, 1964; January 16, 1964; and January 23, 1964. /s/ Marion T. Pope, Jr., Representative Cherokee County. Sworn to and subscribed before me, on this 27th day of January, 1964: /s/ Patty Sue Hurst Notary Public, Georgia State at Large My Commission Expires Dec. 31, 1967. (Seal). Approved March 4, 1964. Page 2436 TOWN OF BOGARTVOTER REGISTRATION. No. 703 (House Bill No. 898). An Act to amend an Act incorporating the Town of Bogart in Oconee County, approved August 24, 1905 (Ga. L. 1905, p. 670), as amended by an Act approved August 21, 1911 (Ga. L. 1911, p. 788), an Act approved August 18, 1919 (Ga. L. 1919, p. 844), an Act approved August 27, 1931 (Ga. L. 1931, p. 692), an Act approved March 6, 1941 (Ga. L. 1941, p. 1185), an Act approved March 9, 1959 (Ga. L. 1959, p. 2440), and an Act approved April 5, 1961 (Ga. L. 1961, p. 3217), so as to provide for a method of permanent voter registration; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Bogart in Oconee County, approved August 24, 1905 (Ga. L. 1905, p. 670), as amended by an Act approved August 21, 1911 (Ga. L. 1911, p. 788), an Act approved August 18, 1919 (Ga. L. 1919, p. 844), an Act approved August 27, 1931 (Ga. L. 1931, p. 692), an Act approved March 6, 1941 (Ga. L. 1941, p. 1185), an Act approved March 9, 1959 (Ga. L. 1959, p. 2440), and an Act approved April 5, 1961 (Ga. L. 1961, p. 3217), is hereby amended by adding a new paragraph at the end of section 22 to read as follows: No person registering as a voter of the Town of Bogart, as provided herein, or who is now registered shall be required to register again as a qualified voter of said town, so long as he remains a resident of said town, and does not otherwise become disqualified, it being a purpose of this section to provide a permanent registration of the qualified voters of said town; provided; however, that names may be excluded from the registration lists for failure to vote in two consecutive regular elections. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2437 Notice of Local Legislation, Georgia, Oconee County. Notice is hereby given that there will be introduced at the 1964 session of the General Assembly of Georgia, convening on the 13th day of January, 1964, a bill to amend the city charter of the Town of Bogart providing for registration of voters, etc. This 7th day of January, 1964. /s/ H. H. Wells Representative, Oconee County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hubert H. Wells, who, on oath, deposes and says that he is Representative from Oconee County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Oconee Enterprise, which is the official organ of said county, on the following dates: January 8, 15, 22, 1964. /s/ H. H. Wells Representative, Oconee County. Sworn to and subscribed before me, this 27th day of January, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. (Seal). Approved March 4, 1964. Page 2438 ST. MARYS AIRPORT AUTHORITY ACT. No. 704 (House Bill No. 901). An Act to create and establish the Saint Marys 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, own and hold a fee simple title to all 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 by contract, mortgage, deed to secure debt, security deed note or trust deed and to define the rights of the holders of such bonds and securities; to provide that no liability or debt against the City of Saint Marys or the County of Camden shall be incurred in the exercise of any powers granted by this Act; to make the bonds, securities or obligations of the Authority exempt from taxation; to authorize the issuance of refunding bonds, securities or other obligations; to provide that such bonds, securities or other 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 authorize and Page 2439 empower the City of Saint Marys to convey the fee simple title to that certain tract of land now owned and held by the city, generally known and referred to as the City of Saint Marys Airport lands, to the Authority, reserving unto itself any right deemed necessary and proper by the City to insure the proper handling of such tract of land; 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 Saint Marys Airport Authority Act. Section 2. Saint Marys Airport Authority There is hereby created a body corporate and politic to be known as the Saint Marys 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 of 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 Saint Marys Airport Authority shall be composed of five members who shall be appointed by the Mayor and City Council of the City of Saint Marys, Georgia. Within thirty days after the approval of this Act, it shall be the duty of the Mayor and City Council of the City of Saint Marys, Georgia, to appoint by ordinance the membership of the Authority, three of whom shall be appointed for a term of four years, ending December 31, 1967, and two of whom shall be appointed for a term of two years, ending December 31, 1965. All subsequent appointments shall be for a term of four years, and until their successors shall have been duly appointed and qualified. No person shall be appointed to membership on the Authority unless he or she is a free-holder in Camden County and has the Page 2440 same qualification as are required for a person to vote in Camden 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 be compensated as determined from time to time by the Mayor and Council of said City, however, it is expressly provided that they shall be reimbursed for all 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 Saint Marys Airport Authority as created by the provisions of this Act. (b) The word project shall be deemed to mean and include the acquisition, construction, equippin,g 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 Page 2441 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 for the operation of such airports and landing fields and the industrial development of the area within the perimeter of the lands now held and owned by said City. (c) The term cost of the project shall embrace the cost of construction, location of industry to be established within the industrial park area defined as being within said City of Saint Marys Airport lands, 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. 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 from any Revenue Bonds issued under the provisions of this Act for any such project or projects. (d) The terms revenue bonds, bonds, and obligations as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. L. 1957, p. 36 et seq.) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761, et seq., as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition shall also mean obligations of the Authority the issuance of which are hereinafter authorized in this Act. (e) Any project shall be deemed self-liquidating, if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties Page 2442 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, gift or otherwise, on such terms and conditions and in such manner as it may deem proper, 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. Provided, however, in the event the Mayor and Council of the City of Saint Marys, Georgia, sees fit to convey that certain tract of land now owned by it known as the City of Saint Marys Airport lands which said City is hereby authorized to do, said City is hereby authorized to convey and said Authority is hereby authorized to accept an instrument of conveyance of title upon any terms and conditions deemed proper and advisable in the premises by the Mayor and Council of said City including, at the discretion of the Mayor and Council, a reservation amounting to joint City-Authority control thereby requiring the approval and joint execution by the City of all deeds, leases, mortgages, encumbrances and contracts in favor of third parties. (d) To appoint, select and employ officers, agents and employees including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; Page 2443 (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 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 Page 2444 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, except the right of eminent domain; (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 mature at such time or times not exceeding thirty years Page 2445 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. 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 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. 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 bonds shall be duly authorized or hold the proper office, although Page 2446 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. 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. 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. 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. Interim Receipts and Certificates or Temporary Bonds Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim Page 2447 receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 15. 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 Camden 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. Trust Indenture as Security In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the Page 2448 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. To Whom Proceeds of Bonds Shall be Paid The Authority shall, in the resolution providing for 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 Page 2449 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. 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. Section 21. Remedies of Bondholders Any holder of revenue bonds issued under the provisions of this Act or Page 2450 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. 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. Validation Bonds of the Authority shall be confirmed and validated in accordance with the procedures of said Revenue Bond Law. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and such municipality, county, authority, subdivision or instrumentality, shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the Page 2451 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 Saint Marys Airport Authority. Section 24. 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 Camden 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. 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 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 Page 2452 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, and the developing of an industrial complex within the perimeter of those certain lands now owned by the City of Saint Marys, Georgia, together with any other undertaking incident thereto. 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 or its lands or facilities, and in anticipation of the collection 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. 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 Page 2453 of Georgia and of Camden 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 Saint Marys and shall be subject to the jurisdiction of the City of Saint Marys in the same manner and subject to the police powers of the City of Saint Marys and the same laws, ordinances, rules and regulations as are now or may hereafter be in effect in the City of Saint Marys. 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. Section 35 . All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Camden County. To Whom It May Concern: Notice of Local Legislation. Notice is hereby given that the undersigned will introduce a bill in the next regular session of the Georgia General Assembly, January-February Session, 1964, next, to be captioned as follows: An Act to create and establish the Saint Marys 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, own and hold a fee simple title to all necessary Page 2454 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 by contract, mortgage, deed to secure debt, security deed note or trust deed and to define the rights of the holders of such bonds and securities; to provide that no liability or debt against the City of St. Marys or the County of Camden shall be incurred in the exercise of any powers granted by this Act; to make the bonds, securities or obligations of the Authority exempt from taxation; to grant the Authority the right of eminent domain and empower it to condemn property of every kind; to authorize the issuance of refunding bonds, securities or other obligations; to provide that such bonds, securities or other 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 authorize and empower the City of St. Marys to convey the fee simple title to that certain tract of land now owned and held by the city, generally known and referred to as the City of St. Marys Airport lands, to the Authority, reserving unto itself any right deemed necessary and proper by the City to insure the proper handling of such tract of land; to provide for the separate enactment of each provision of this Act; to repeal conflicting laws; and for other purposes. Page 2455 This 7th day of November, 1963. Charles C. Smith, Representative, Camden County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Smith, who, on oath, deposes and says that he is Representative from Camden County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southeast Georgian, Kingsland, Georgia, which is the official organ of said County, on the following dates: December 26, 1963; January 2, 9, 1964. /s/ Charles C. Smith Representative, Camden County Sworn to and subscribed before me, this 27 day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved March 4, 1964. WARE COUNTYOFFICE OF TAX COMMISSIONER CREATED, REFERENDUM. No. 711 (House Bill No. 954). An Act to consolidate the offices of tax collector and tax receiver of Ware County into the one office of tax commissioner of Ware County; to provide for the election of the tax commissioner; to fix his salary; to provide for the administration and payment of the expenses for the Page 2456 operation of the commissioner's office; to provide for the dispositions of all fees, costs, commissions, allowances, funds, monies and all other emoluments and perquisites of whatever kind accruing to the office of tax commissioner; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective as hereinafter provided, the offices of tax receiver and tax collector of Ware County are hereby consolidated into one office, so that there shall no longer exist any independent office of tax collector or tax receiver in said county, but the officer performing the duties of said offices, when so consolidated, shall be known as the tax commissioner of Ware County. Created. Section 2. The office of tax commissioner is hereby created in lieu of said abolished and consolidated offices, and the authority, powers, terms of office, rights, duties and liabilities of said tax commissioner shall be the same as the authority, powers, terms of office, rights, duties, and liabilities of the tax receiver and tax collector of said county, and all laws applicable to said offices of tax receiver and tax collector shall be applicable to the tax commissioner of Ware County, so far as the same shall apply. Duties, etc. Section 3. The tax commissioner of Ware County shall be elected by the qualified voters of Ware County at the General Election held in 1964 in which members of the General Assembly are elected. Election. Section 4. The tax commissioner shall be paid a salary of $8,500.00 per annum, which shall be paid in twelve (12) equal installments on the last day of each month out of the treasury of Ware County. Said salary shall be the sole compensation to be paid the tax commissioner for his services as tax commissioner, and shall be in lieu of all fees, commissions, fines, allowances, funds, emoluments and perquisites of whatever kind accruing to said officer. Salary. Section 5. Ware County shall furnish said commissioner his office, and shall pay from out of the county treasury Page 2457 all expenses of said office, including the salaries of all employees in the office of the tax commissioner of Ware County. Employees, etc. Section 6. The tax commissioner shall have the sole authority to employ, discharge, and fix the compensation of the employees of his office, but the commissioner of roads and revenues for Ware County shall approve the salary of each such employee. Salaries, etc. Section 7. All taxes that are due and payable at the time of the effective date of this Act, and all tax fi fas issued by the tax collector of Ware County shall have full force and effect, and shall be collectible by the tax commissioner of Ware County. Taxes due. Section 8. All fees, costs, commissions, allowances, funds, monies, and all other emoluments and perquisites of whatever kind now or hereafter allowed by law to the tax receiver and tax collector of Ware County, shall be collected by the tax commissioner, and all such funds so collected shall be paid into the treasury of Ware County. Fees. Section 9. The tax receiver and the tax collector of Ware County shall continue to perform their duties as such until the end of their terms, which expire on December 31, 1964. The tax commissioner elected in the General Election in 1964, shall take office on January 1, 1965. Effective date. Section 10. 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 election shall be held on the same day as the general election is conducted in November, 1964. 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 consolidating the offices of Tax Collector and Tax Receiver of Ware County into the office of Tax Commissioner. Referendum. Page 2458 Against approval of the Act consolidating the offices of Tax Collector and Tax Receiver of Ware County into the office of Tax Commissioner. 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 more than one-half 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 election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: An Act to consolidate and abolish the offices of tax collector and tax receiver of Ware County; to create the office of tax commissioner of Ware County. This 11 day of January, 1964. W. K. Ponsell, Representative, Ware County. 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 Page 2459 to Introduce Local Legislation was published in The Waycross Journal-Herald, which is the official organ of said county, on the following dates: Jan. 11, 18 and 25, 1964. /s/ W. K. Ponsell, Representative, Ware County. Sworn to and subscribed before me, this 27th day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 4, 1964. CHARLTON COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 713 (House Bill No. 959). An Act to consolidate the offices of tax receiver and tax collector of Charlton County into the office of the tax commissioner of Charlton County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to make provisions relative to taxes and tax fi fas; 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 Charlton County are hereby consolidated and combined into the one office of the tax commissioner of Charlton County. The rights, duties and liabilities of the tax commissioner, except as otherwise provided herein, shall be Page 2460 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 of other county officers for Charlton County in 1964. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31, 1968, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall affect the term of office of the present tax collector and tax receiver of Charlton County, and their terms of office shall continue through December 31, 1964. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector. Election, terms, etc. Section 3. The tax commissioner shall receive for his services as such an annual salary of $7,500.00, payable in equal monthly installments from the funds of Charlton County. Salary. Section 4. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Charlton County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local Page 2461 tax officials, and 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. Fees, etc. Section 5. The governing authority of Charlton County shall have the authority to fix the number and compensation of such personnel as they shall deem necessary to assist the tax commissioner in discharging his official duties, but the tax commissioner shall have the sole right to select the individuals so employed. All expenses incurred by the tax commissioner in operating and discharging the official duties of his office, except as herein provided, including, but not limited to, office equipment, supplies, fixtures and utility expenses, shall be paid by the county from county funds. Office expenses, etc. Section 6. All taxes due and payable Charlton 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 shall be collectible as issued. Taxes due. 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 I intend to introduce in the January 1964 Session of the Georgia General Assembly, a bill which will abolish the offices of tax collector and tax receiver for Charlton County, Georgia, create the office of tax commissioner for Charlton County, Georgia, and prescribe the duties and fix the salary of the proposed tax commissioner, and for other purposes. This 13th day of January, 1964. /s/ H. Ben Rodgers, Representative, Charlton County, Georgia. Page 2462 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Ben Rodgers, who, on oath, deposes and says that he is Representative from Charlton County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Charlton County Herald, which is the official organ of said county, on the following dates: January 16, 23 and 30, 1964. /s/ H. Ben Rodgers, Representative, Charlton County. Sworn to and subscribed before me, this 3rd day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 4, 1964. CITY OF FITZGERALDCORPORATE LIMITS. No. 714 (House Bill No. 965). An Act to amend an Act amending and revising the charter for the City of Fitzgerald and entitled, An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending and revising the charter for the City of Fitzgerald and entitled, An Act to amend an Act to incorporate the City of Fitzgerald and establishing the new charter therefor, approved August 22, 1907, and Page 2463 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 tracts nos. 402, 403 and 404 to the west line of five acre tract no. 404; thence north along the west original lines of five acre tracts nos. 404, 415, 432 and 443 to the south original line of five acre tract no. 461; thence west along the south original line of five acre tracts nos. 461 and 462 to the southwest corner of five acre tract no. 462; thence west along the south original 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 east original line of five acre tract no. 471 to a point 260 feet north of the north right of way line of State Highway No. 107; thence running south 88 degrees 21 minutes west to the west original line of five acre tract no. 471; thence running south 88 degrees 21 minutes west into five acre tract no. 470 a distance of 140 feet; thence running south 1 degree 48 minutes east to the north right of way line of State Highway No. 107; thence running west along the north right of way line of State Highway No. 107 to the west line of five acre tract no. 470; thence running north along the west original line Page 2464 of five acre tract no. 470 a distance of 182.7 feet; thence running west long the north boundaries of lots nos. 6, 5, 4, 3, 2 and 1 of Cherokee Homes subdivision to the west original line of five acre tract no. 468; thence running north along the west original line of five acre tract no. 468 to the northwest corner of five acre tract no. 468; thence running east along the north original line of five acre tract no. 468 to the northeast corner of five acre tract no. 468; thence running north along the west original line of five acre tract no. 490 to the northwest corner of five acre tract no. 490 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. 490, 489, 488, 487 and 486 to the northeast corner of five acre tract no. 486; thence north along 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 east along the south original line of five acre tract no. 563 a distance of 76 feet; thence north into five acre tract no. 563 a distance of 295 feet to an established corner; thence west a distance of 66 feet to an established corner; thence north a distance of 258 feet to an established corner; thence east a distance of 320 feet to the east original line of five acre tract no. 563 and the west original line of land lot no. 121 in the third district; thence south along the east original line of five acre tract no. 563 to the northwest corner of five acre tract no. 832; thence east along the north original line of five acre tract no. 832 to the northeast corner of five acre tract no. 832; thence south along the east original line of five acre tract no. 832 a distance of 253 feet; thence running east on a line parallel to and a distance of 77 feet from the south original line of five acre tract no. 835 to the east original line of five acre tract no. 835; thence south along the east original line of five acre tract no. 835 to the southeast corner of five acre tract no. 835; thence east along the north original lines of five acre tracts nos. Page 2465 875 and 876 to the northeast corner of five acre tract no. 876; thence north along the west original lines of five acre tracts nos. 917, 916, 915 and 914 to the northwest corner of five acre tract no. 914; thence east along the north original line of five acre tract no. 914 to the northeast corner of five acre tract no. 914; thence south along the east original lines of five acre tracts nos. 914, 915, and 916 to the southeast corner of five acre tract no. 916; thence east along the north original line of five acre tract no. 920 to the northwest corner of five acre tract no. 959; thence south along the west original line of five acre tract no. 959 a distance of 227 feet; thence running east parallel with and 103 feet north of the south original line of five acre tract no. 959 to the east original line of five acre tract no. 959 and the west original line of land lot no. 300 in the fourth district; thence running south along the east original line of five acre tract no. 959 to the northwest corner of five acre tract no. 961; thence east along the north original lines of five acre tracts nos. 961 and 1006 to the southwest corner of five acre tract no. 1008; thence north along the west original line of five acre tract no. 1008 to the northwest corner of five acre tract no. 1008; thence east along the north original lines of five acre tracts nos. 1008 and 1042 to the northeast corner of five acre 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 line 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 Page 2466 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 in the fourth district; thence along said fence and land lot line north 89 degrees 44 minutes west 157 feet; thence along said fence into land lot no. 279 in the fourth district south 2 degrees 30 minutes west 472 feet; thence along said fence north 89 degrees 44 minutes west 127 feet; thence south 2 degrees 30 minutes west 442 feet to an iron pipe; thence south 41 degrees 10 minutes west 538 feet into land lot no. 302 in the fourth district to an iron pipe; thence north 87 degrees 30 minutes west 714 feet to an iron pipe; thence north 2 degrees 30 minutes east 542 feet to an iron pipe; thence north 87 degrees 30 minutes west 152 feet to an iron pipe; thence north 2 degrees 30 minutes east 544 feet to an iron pipe; thence south 87 degrees 30 minutes east 566 feet; thence north 00 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 line of land lot no. 301 and continuing on the same line into land lot no. 302 in the fourth land district to the west right-of-way line of the Fitzgerald-Frank Public Road; thence along the west right-of-way line of said Fitzgerald-Frank Public Road to a point on said right-of-way line that is 49.58 feet southeastwardly from the southwest corner of the first cement bridge on said road; thence south 51 degrees 50 minutes west 738.5 feet to an iron pipe; thence north 86 degrees 30 minutes west 897.8 feet to an iron pipe; thence north 26 degrees 45 minutes east 31.3 feet to an iron pipe; thence north 4 degrees 30 minutes east to the Page 2467 south original line of land lot 301 in the fourth district; 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 no. 92 in the third 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 original line of five acre tract no. 1286 a distance of 264 feet; thence running south on a line parallel with the west line of five acre tract no. 1285 a distance of 330 feet to the south line of five acre tract no. 1285; thence running west along the south line of five acre tract no. 1285 to the southwest corner of five acre tract no. 1285; thence running south along the east line of five acre tract no. 1289 to the southeast corner of said five acre tract no. 1289; thence running west along the south line of five acre tract no. 1289 to the southwest corner of said five acre tract no. 1289 and to the point of beginning; all of which said five acre tracts are a part of the survey of the American Tribune Soldier's Colony Company, platted and now of record in the office of clerk of the superior court of Irwin County, Georgia, and being portions of land lots nos. 91, 92, 119, 121 and 122 in the third land district of Ben Hill County, Georgia, and portions of land lots nos. 300, 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. 430, 431, 445 and 446 in land lot no. 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 Page 2468 continued under the name and style of `City of Fitzgerald', and the said city is hereby chartered and incorporated under the name and style of `City of Fitzgerald', and by that name shall have perpetual succession, and is hereby vested with all the rights, powers, titles, property, easements and hereditaments within or without its corporate limits, now belonging to the City of Fitzgerald, incorporated by an Act approved August 22, 1907, and the Amendments thereto, and shall be and is hereby vested in the said City of Fitzgerald, as continued under this Act. And the said City of Fitzgerald, may, by its corporate name, sue and be sued, contract and be contracted with, plead and be impleaded, and have and use a common seal, make and enact through its mayor and council such ordinances and by-laws, rules, resolutions and regulations for the transaction of its business and the welfare and proper government of said city and its people as to said mayor and council may seem best, and which shall be consistent with the provisions of this charter, the Laws of this State and of the United States, and that the said City of Fitzgerald shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for a term of years any property, estate or estates, real or personal, tenements and hereditaments of whatever kinds, and within or without the limits of said city for corporate purposes. Said City of Fitzgerald shall succeed to all rights of, and is hereby made reasonable as a body corporate for all of the legal debts, liabilities and undertakings of the City of Fitzgerald, and its mayor and aldermen as a body corporate, heretofore incorporated by an Act approved August 22, 1907. Section 2. 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. Section 3. Be it further enacted by the Authority aforesaid, that all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Page 2469 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 1964, 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 a new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof,' and for other purposes. This 31st day of December, 1963. A. B. C. Dorminy, Jr. Representative, for Ben Hill County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. B. C. Dorminy, Jr., who, on oath, deposes and says that he is Representative from Ben Hill County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Fitzgerald Herald, which is the official organ of said county, on the following dates: January 2, 9 and 16, 1964. /s/ A. B. C. Dorminy, Jr. Representative, Ben Hill County Sworn to and subscribed before me, this 3rd day of February, 1964. Page 2470 /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved March 4, 1964. FLOYD COUNTYANNUAL AUDITS. No. 715 (House Bill No. 966). An Act to require the board of commissioners of roads and revenues of Floyd County, Georgia to conduct an annual audit of all financial records and books of Floyd County; to provide the content of all such audits; to provide for the appointment, qualification, compensation and term of any such auditor; to prescribe the duties of the auditor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act it shall be the duty of the board of commissioners of roads and revenues of Floyd County, Georgia to conduct an annual audit of the financial affairs, books and records of Floyd County in accordance with the provisions hereinafter set forth. Audits. Section 2. It shall be the duty of the grand jury convened for the November term, 1964, and each regularly convened November term grand jury thereafter, during the first fourteen calendar days of its term of service, to nominate three certified public accountants or firms of certified public accountants and to furnish to the commissioners of roads and revenues the names of such certified public accountants or firms of certified public accountants so nominated. The board of commissioners of roads and revenues shall select one of the three nominations made by the grand Page 2471 jury and employ such person or firm so selected as the auditor of the county to conduct an audit of the county books and records at the close of the fiscal year of the county. Selection of auditors. Section 3. The auditor so appointed shall make the audit provided for herein in accordance with generally accepted accounting principles and shall submit a complete and final report and audit to the board of commissioners of roads and revenues no later than ninety (90) days after the close of the fiscal year of Floyd County. All audits provided for herein shall be certified to and shall include, but in no way be limited to a full and complete audit containing a balance sheet, profit and loss statement, and statement of receipts and disbursements. Such audit shall, in addition to showing a complete audit on a county basis also contain an audit for each separate department within the County of Floyd which in any way receives or disburses county funds. In the statement of receipts and disbursements said auditor shall list the names of the persons, firms, and corporations who receive any sum or sums of county money totaling in excess of $100.00 per year and also the purpose or purposes for which such sums were spent. Should such auditor discover any violation of the laws of Georgia or any irregularities in any of the finances or accounts of the county, it shall be the duty of such auditor immediately to report such violation or irregularity to the commissioners of roads and revenues and to the grand jury then in session or if no grand jury is in session, to the first convened after such violations or irregularities are discovered. Audits. Section 4. All final audits shall be published, as soon as submitted, in the official newspaper of Floyd County in which the sheriff's advertisements regularly appear and it shall be the duty of the commissioners of roads and revenues to see that such publication is made. Sufficient copies of the audit shall also be delivered to the clerk of the superior court of Floyd County to be held by him for public inspection. Publication, etc. Nothing in this Act shall be construed to in any way abolish or prohibit the continuing auditing of the county's Page 2472 books existing at the time this Act takes effect, but such audits are expressly kept in full force and effect. Such audits as are now being performed shall be compiled semiannually and sufficient copies thereof shall be placed on file with the clerk of the superior court of Floyd County and shall be open to public inspection. Section 5. No certified public accountant or firm of certified public accountants shall be employed as auditor of Floyd County to make more than two consecutive annual audits. After a lapse of at least one yearly audit following two consecutive annual audits, any certified public accountant or firm of certified public accountants shall be eligible for re-employment for another two year period. Auditors. Section 6. The compensation of such auditor shall be fixed by agreement between the board of commissioners of roads and revenues and the auditor selected to make such audit. Compensation. Section 7. In the event the board of commissioners of roads and revenues shall fail or refuse to perform the duties set out above, then, in that event upon application of any person to the judge of the superior court of Floyd County said judge shall hear the facts as set forth and shall issue any order he deems necessary to carry out the provisions of this Act. Enforcement of Act. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Floyd. I, B. H. Mooney, Jr., do solemnly swear that I am the Publisher of The Rome News-Tribune, printed and published at Rome, in the State of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of Mr. Sid Lowery was inserted in The Rome News-Tribune in space of legal advertisement on dates as follows: January 8, 15, 22, 1964. /s/ B. H. Mooney, Jr. Page 2473 Subscribed and sworn to before me, this 25th day of January 1964. /s/ Leatha Davenport Notary Public. (Seal). Notice of Intention to Introduce Local Legislation. Due to the tax re-evaluation program and the changing of tax rates and structures effecting tax collection and expenditures of public tax money, the Floyd County legislative delegation will introduce legislation during the 1964 Session of the General Assembly to require the publication of a semi-annual certified audit of the Floyd County board of roads and revenues in the official organ of Floyd County. /s/ J. Battle Hall Senator 52nd District /s/ Sidney Lowrey Representative Floyd County /s/ J. E. (Red) Jordan Representative Floyd County Approved March 4, 1964. CITY OF LITHONIAHOURS OF HOLDING ELECTIONS. No. 716 (House Bill No. 975). An Act to amend the charter of the City of Lithonia, and the several Acts amendatory thereof by providing for the hours the polls shall be opened and closed for city elections, and for other purposes. Page 2474 Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the Act approved August 4, 1913, and incorporated in the Acts of 1913, pages 928 to 959, inclusive, and the several Acts amendatory thereof, be and the same is hereby amended by striking therefrom the third sentence of the second paragraph of section 8 on lines 5 and 6 of said paragraph 8, to wit: The polls shall be opened at 8 o'clock a.m., and closed at 3 o'clock p.m., standard or central time, and by inserting therein the following sentence, to wit: The polls shall be opened at 7 o'clock a.m., and closed at 7 o'clock p.m., eastern standard time, so that Section 8 as amended shall read as follows: Sec. 8. Be it further enacted, that all elections held under the provisions of this charter, and all elections in which any subject or question is submitted to the qualified voters of said City of Lithonia, shall be managed by a justice of the peace, or some other judicial officer, and two freeholders, who are citizens of said City of Lithonia owning realty therein; provided, that in the absence of the justice of the peace, or other judicial officer, three (3) freeholders shall be qualified to act as managers. Each of said managers before entering upon his duties shall take and subscribe before some officer authorized to administer oaths the following oath: Each of us do swear that we will faithfully and impartially conduct this election according to law, and will prevent all illegal voting, to the best of our skill and knowledge, and make true returns thereof, so help me God. Said managers shall keep or cause to be kept two lists of voters at said election and two tally sheets. All elections shall be held in the city hall or other convenient place designated by the mayor and council, and the voting shall be by ballot. The polls shall be opened at 7 o'clock a.m., and closed at 7 o'clock p.m., eastern standard time. The persons receiving the highest number of votes for the respective offices shall be elected. The managers and clerks for all elections held under the provisions of this charter shall be Page 2475 named and appointed by the mayor and council prior to the election, and the mayor and council shall determine and provide for the pay of the managers and clerks. Said managers shall make returns of elections to the clerk of the mayor and council, and deliver all election papers and ballots to him, who shall destroy them in thirty (30) days after such election, if no contest or contests be filed. Section 2. Be it further enacted that evidence of advertising as required by the Constitution of the State of Georgia is hereto attached and made a part hereof. Section 3. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby, repealed. Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher 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, and further avers that legal notice, a true copy of which is hereto attached, Intention to apply for local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being December 19 and 26, 1963 and January 2, 1964. /s/ Britt Fayssoux Sworn to and subscribed before me, this 30 day of January, 1964. /s/ Carol E. Wheeler Notary Public, Georgia State at Large. My Commission expires Mar. 5, 1967. (Seal). Page 2476 Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned intend to apply for the passage of local legislation at the January, 1964 Session of the General Assembly of Georgia, as follows: An Act to amend the charter of the City of Lithonia, Georgia, as incorporated in the Acts of 1913, pages 928 to 959, inclusive, and the several Acts amendatory thereof, by providing the time when the polls shall be opened and closed for city elections and for other purposes. This 16th day of December, 1963. Jas. A. Mackay Guy W. Rutland, Jr. J. Robin Harris Approved March 4, 1964. CITY OF SANDERSVILLECORPORATE LIMITS. No. 717 (House Bill No. 985). An Act to amend an Act incorporating the City of Sandersville, approved February 13, 1941 (Ga. L. 1941, p. 1692), as amended by an Act approved March 6, 1956 (Ga. L. 1956, p. 3067), an Act approved April 5, 1961 (Ga. L. 1961, p. 2867), and an Act approved April 5, 1961 (Ga. L. 1961, p. 2926), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Sandersville, approved February 13, 1941 (Ga. L. 1941, p. 1692), as amended by an Act approved March 6, 1956 (Ga. L. 1956, p. 3067), an Act approved April 5, 1961 (Ga. L. 1961, p. 2867), and an Act approved April 5, 1961 (Ga. L. 1961, p. Page 2477 2926), is hereby amended by adding at the end of section 1 the following: In addition to the area now embraced within the corporate limits of the City of Sandersville, the following described property shall likewise be embraced within the corporate limits of said city: `Beginning at the present city limits line on the north side of West Church Street, thence westerly along West Church Street (also known as Georgia Highway 24) to the western property line of the property formerly belonging to the Harrison estate and thence north and east along the line of said Harrison property to a point where it intersects the present city limits line, so as to include all of said Harrison property in the limits of the City of Sandersville.' Section 2. 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 legislation, was published in the Sandersville Progress on the following dates: January 9, 1964, January 16, 1964 and January 23, 1964. /s/ Jesse Mize, Publisher of The The Sandersville Progress Sworn to and subscribed before me, this 23 day of January, 1964. /s/ Thomas A. Hutcheson Notary Public, Washington County, Ga. My Commission expires May 25, 1965. (Seal). Page 2478 To Introduce Local Legislation. Notice is hereby given that I shall introduce legislation at the 1964 session of the General Assembly of Georgia to extend the city limits of the City of Sandersville, from the present city limits line of the north side of West Church Street, to the Western property line of the property formerly belonging to the Harrison estate and thence north and west along the line of said Harrison property to a point where it intersects the present city limits line, so as to include all of said Harrison property in the limits of the City of Sandersville. T. C. Carr Representative Approved March 4, 1964. UNION CITYCHARTER REPEALED, REFERENDUM. No. 718 (House Bill No. 1059). An Act to repeal an Act incorporating Union City in the County of Campbell, now Fulton, State of Georgia, approved August 17, 1908, (Ga. L. 1908, p. 935) as amended particularly by an Act approved August 7, 1925, (Ga. L. 1925, p. 1515); an Act approved March 15, 1926, (Ga. L. 1926, p. 206); an Act appearing in Ga. L., 1935, p. 1213; an Act approved February 16, 1943, (Ga. L., 1943, p. 16-19); and an Act approved March 9, 1945, (Ga. L., 1945, p. 11-23) to provide that property belonging to, and obligations due to, Union City shall be transferred to Fulton County with certain provisions relative to the water system of Union City; to provide for a referendum; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating Union City in the County of Campbell, now Fulton, State of Georgia, approved Page 2479 August 17, 1908, (Ga. L., 1908, p. 935), as amended particularly by an Act approved August 7, 1925, (Ga. L., 1925, p. 1515), an Act approved March 15, 1926, (Ga. L., 1926, p. 206); an Act appearing in Ga. L., 1935, p. 1231; an Act approved February 16, 1943, (Ga. L., 1943, p. 16-19) and an Act approved March 9, 1945, (Ga. L., 1945, p. 11-23), is hereby repealed in its entirety. Charter, repealed. Section 2. All property belonging to Union City and all obligations for taxes and accounts of every nature due to Union City are hereby transferred to Fulton County, the successor governing authority to Union City with full power of enforcement of said obligations and full power of disposition of said property by Fulton County provided, however, that accounts arising out of the distribution and sale of water shall be reserved for and allocated to the operation of the water system presently existing in Union City and/or the retirement of water revenue certificates heretofore issued. Property, etc. Section 3. This Act shall become effective only upon the approval of the same at a referendum election to be held as hereafter provided. Upon the approval of this Act by the Governor, or after it otherwise becomes a law, it shall be the duty of the ordinary of Fulton County to issue the call for an election for the purpose of submitting this Act to the voters of Union City for approval or rejection. Said call shall be issued not less than thirty (30) and not more than ninety (90) days after the approval of this Act by the Governor or it otherwise becoming a law and shall set the date for such election at not less than thirty (30) and not more than ninety (90) days from the date of the call. The ordinary of Fulton County 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 Fulton County. All persons who shall be duly registered voters of Union City at the time this Act is approved by the Governor, or otherwise becomes a law, shall be entitled to vote in such election. The ballot shall have written, or printed, thereon the words For approval of the Act repealing the charter of Union City. Referendum. Page 2480 Against approval of the Act repealing the charter of Union City. All persons desiring to vote in favor of the Act shall vote for approval and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast upon such question are for approval of this Act, it shall become of full force and effect effective December 31, 1964. If a majority of the votes cast upon such question are against approval of this Act, it shall be void and of no force and effect. The expense of such election shall be borne by Union City. It shall be the duty of the ordinary of Fulton County 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 results of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 4. All laws, or parts of laws, in conflict with this Act are hereby repealed. Publisher's Affidavit. State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 15th, 22nd and 29th days of January, 1964, as provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 29th day of January, 1964. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission expires Oct. 18, 1967. (Seal). Page 2481 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1964, session of the General Assembly of Georgia, a bill to repeal an Act incorporating Union City in the County of Campbell, now Fulton, State of Georgia, approved August 17, 1908 (Ga. L. 1908, p. 935) as amended; to provide for a referendum, and for other purposes. This 15th day of January, 1964. Jack P. Etheridge Representative, Fulton County Harold Sheats, Atty. 927 Fulton Fed. Bldg. Approved March 4, 1964. COMPENSATION OF GOVERNING AUTHORITIES IN CERTAIN COUNTIES. No. 721 (House Bill No. 1088). An Act to amend an Act providing a procedure for the control of the fiscal affairs of certain counties of this State having a certain population, approved March 7, 1957 (Ga. L. 1957, p. 2650), as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 3148), so as to change the population figures therein; to ratify actions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a procedure for the control of the fiscal affairs of certain counties of this State having a certain population, approved March 7, 1957 (Ga. L. 1957, p. 2650), as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 3148), is hereby amended by striking from the Title of said Act the following, An Act to provide that Page 2482 in counties of this State having a population of not less than 31,200 and not more than 33,100, according to the 1950 United States Census, or any future such census, a procedure for the control of the fiscal affairs of all such counties;, and inserting in lieu thereof the following, An Act to provide that in counties of this State having a population of not less than 43,000 and not more than 45,000, according to the United States Decennial Census of 1960 or any future such decennial census, a procedure for the control of the fiscal affairs of all such counties;, so that when so amended said Title shall read as follows: An Act to provide that in counties of this State having a population of not less than 43,000 and not more than 45,000, according to the United States Decennial Census of 1960 or any future such decennial census, a procedure for the control of the fiscal affairs of all such counties; to provide the compensation of members of the governing authority; to provide for purchases in such counties and a procedure connected therewith; to provide for an audit of the books of the governing authority in each such county and a procedure connected therewith; to provide an expense allowance for the members of the governing authority and an effective date thereof; to provide for the disposition of certain property of such counties and a procedure connected therewith; to provide a penalty for violation; to repeal conflicting laws; and for other purposes. Section 2. Said Act is further amended by striking from section 1 the following, Any provision of a local law to the contrary notwithstanding, in all counties of this State having a population of not less than 31,200 and not more than 33,100 according to the 1950 United States Census, or any future such census, and inserting in lieu thereof the following, Any provision of any local law to the contrary notwithstanding, in all counties of this State having a population of not less than 43,000 and not more than 45,000, according to the United States Decennial Census of 1960 or any future such decennial census, so that when so amended Section 1 shall read as follows: Section 1. Any provision of any local law to the contrary notwithstanding, in all counties of this State having Page 2483 a population of not less than 43,000 and not more than 45,000, according to the United States Decennial Census of 1960 or any future such decennial census, each member of the governing authority shall be compensated in the amount of $6,000.00 per annum and, in addition thereto, an expense allowance of $100.00 per month, which shall be in lieu of any and all other allowance or expense accounts, or for an allowance for the purchase of an automobile. Such sums shall be payable monthly out of the general funds of such counties. Where applicable, salaries. Section 3. All actions, payments and proceedings pursuant to the aforesaid Act of 1957, as amended, are hereby ratified and confirmed. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964. CITY OF PINE LAKEPENSION FOR POLICEMEN. No. 723 (House Bill No. 1132). An Act to amend an Act establishing a charter for the City of Pine Lake, approved December 29, 1937 (Ga. L. 1937-38, Ex. Sess., p. 1225), as amended, so as to authorize the governing authority to provide a pension for certain police officers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a charter for the City of Pine Lake, approved December 29, 1937 (Ga. L. 1937-38, Ex. Sess., p. 1225), as amended, is hereby amended by adding between sections 42 and 43 a new section to be numbered section 42A and to read as follows: Section 42A. The governing authority of the City of Pine Lake is authorized to provide for the payment to any Page 2484 police officer of said city a monthly pension, to be fixed by said governing authority, upon the retirement of any such officer, after 25 or more years of service to said city. The monthly pension provided for herein shall be adjusted compensation for such employees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher 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, and further avers that legal notice, a true copy of which is hereto attached, Notice of Intent to apply for local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being January 16, 23, 30, 1964. /s/ Britt Fayssoux Sworn to and subscribed before me, this 30 day of January, 1964. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission expires Mar. 5, 1967. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned intends to request introduction and passage of a bill in the 1964 session of the General Assembly calling for a charter amendment to the charter of the City of Pine Lake, Georgia so as to provide that the General Assembly may give authority Page 2485 to the governing authorities of such city the power to pay a pension each month upon retirement to any policeman who has served 25 years or more as policeman for the City of Pine Lake, Georgia and for other purposes. James A. Mackay J. Robin Harris Guy W. Rutland, Jr. Representatives of DeKalb County Approved March 4, 1964. COMPENSATION OF TAX COMMISSIONER IN CERTAIN COUNTIES. No. 724 (House Bill No. 1144). An Act to increase the compensation of the tax commissioner of certain counties; 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. Upon the recommendation of the grand jury of any county of this state having a population of not less than 2,675 and not more than 3,250, according to the 1960 U. S. Decennial Census or any such future census, the annual salary payable to the tax commissioners of such counties from county funds for their services as tax commissioners shall be increased to $3,000.00 to be paid in equal monthly installments from county funds, commencing with that month in which the recommendation of the grand jury is presented. Compensation, where applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 4, 1964. Page 2486 STEWART COUNTYSMALL CLAIMS COURT. No. 725 (House Bill No. 1163). An Act to create a Small Claims Court in Stewart County, Georgia; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of office of the judge of such Small Claims Court; to prescribe the jurisdiction, the pleading, practice and service of processes therein; to provide for a clerk and prescribe his duties and remuneration; to provide for paraphernalia for such court; to provide for validating acts and proceedings therein; to provide the effective date hereof; to provide for the bailiff of and for said small claims court; to standardize and fix the monetary limits of such court; to provide for the procedure and practice in garnishments, in the issuing executions from said court, and in the trial of claim cases and illegalities instituted by thrid 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 court and to provide such additional personnel as in their judgment such court 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 Stewart County, Georgia, 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 one thousand dollars ($1,000.00), 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 county; 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, etc. Page 2487 Section 2. The ordinary of Stewart County shall be the judge of such court for a term to be concurent with his term of office as ordinary. All terms thereafter shall run concurrently with the terms of the ordinary of Stewart County and each ordinary hereafter elected shall also be the judge of this 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 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. Judge of Superior Court. Section 4. The clerk of the superior court of Stewart County shall be the clerk of this court and shall perform all duties prescribed for clerk of the small claims court. His salary shall be paid, if at all, from the fees herein authorized. In the event the clerk of the superior court fails for any reason to serve as clerk of this court, then the judge shall appoint a person to serve as clerk of this court. 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 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 Page 2488 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 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. Page 2489 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 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 discretion of the judge and shall be taxed in the case at his discretion. Costs. Section 9. (a). On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. Procedure. (b). The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c). In cases of attachment, garnishment, and trover, the legal grounds thereof shall be as now or hereafter provided by law, and the pleading and practice in such Page 2490 cases shall be substantially the same as obtained in courts of justices of the peace; and no formal declaration in attachment shall be required. (d). If the plaintiff fails to appear, the case may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may dictate. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may in his discretion continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. Setoff. 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 levy 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. Page 2491 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 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 insure 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 sheriff of Stewart County shall be the bailiff of this court and shall have the power to act within and throughout the limits of this county, and such bailiff 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. Such bailiff shall, within five days from his 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 bailiff shall be Page 2492 subject to be ruled for failure or malfeasance in office as are other lawful constables of this State. Sheriff. Section 16. Such small claims court 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 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 the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Terms, etc. Section 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. 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 Page 2493 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. (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 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. 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. Judgments. 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: Forms. Page 2494 Small Claims Court Statement of Claim. Notice. Page 2495 Section 22. No time served as judge of said Small Claims Court shall count towards any retirement as a judge of a superior court. Intent. Section 23. 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. (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. Supplies. Page 2496 Section 24. If any word, phrase, sentence, section or part of this Act is declared unconstitutional, the remainder shall remain in full force and effect. Severability. Section 25. All laws and parts of laws in conflict herewith are hereby repealed. Section 26. This Act shall take effect immediately upon becoming a law. February 8, 1964. Georgia, Stewart County. Personally appeared before the undersigned, John M. Anglin, who after being properly sworn, states that he is Publisher of the Stewart-Webster Journal, Richland, Georgia and that the attached appeared in the papers of Jan. 23, 1964, Jan. 30, 1964 and Feb. 6, 1964. John M. Anglin. /s/ S. S. Singer, N. P. (Seal). Notice of Intention to Introduce Local Legislation. There will be introduced in the 1964 session of the Legislature, a bill to create a small claims court to provide for the operation of said court and for other purposes. /s/ Sam Singer, Stewart County Representative in the General Assembly. Approved March 4, 1964. Page 2497 THOMAS COUNTYSHERIFF PLACED ON SALARY BASIS, REFERENDUM. No. 729 (House Bill No. 1155). An Act to change the compensation of sheriff of Thomas County, Georgia, from the fee basis, and place said sheriff on a salary; to fix the salary of said sheriff and provide for the payment of same; to provide that all emoluments accruing to said office, except said salary, shall be and become the property of said county; to provide for the employment of assistant personnel for said sheriff and the payment of the expenses in operating said office; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the sheriff of Thomas County is hereby placed on a salary basis in lieu of a fee basis, as hereinafter provided. Salary basis. Section 2. The sheriff of Thomas County shall be compensated in the amount of nine thousand ($9,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Thomas County at the end of each calendar month. Such compensation shall be in lieu of all fees, costs, commissions, forfeitures, penalties, allowances, moneys and other emoluments of whatever kind which are now or may hereafter be allowed by law to be received or collected as compensation for service by said sheriff, including his service as an ex-officio officer by virtue of his office, except said salary. All such fees, costs, commissions, forfeitures, penalties, allowances, moneys and other emoluments of whatever kind which are now or may hereafter be allowed by law to be received or collected as compensation for service by said sheriff, including his service as an ex-officio officer by virtue of his office, shall be received and collected by said sheriff for the sole use of Thomas County and shall be the property of Thomas County, and said county is hereby subrogated to all rights, claims and liens of said sheriff, respectively therefor. Such funds shall be held as public Page 2498 funds belonging to Thomas County and shall be accounted for and paid to the fiscal authority of Thomas County on or before the fifth day of each month for the immediately preceding month, accompanied by a statement, under oath, showing the collections and sources from which collected. The fiscal authority of Thomas County shall not pay the monthly compensation to said sheriff herein placed on a salary basis in lieu of a fee basis by this Act until such funds are received by said fiscal authority. Salary, etc. Section 3. Said sheriff is hereby authorized to employ to serve at his pleasure and to perform such duties as may be assigned by him, such deputies, clerical assistance and a jailer as may be necessary to aid him in the performance of his duties, the number of said employees and their salaries to be first approved by the governing authority of Thomas County before being paid out of county funds. Deputies, etc. Section 4. Proposed Budget . (1) For this purpose the fiscal year of the office of said sheriff shall be construed to commence on January 1 and end on December 31 on each year. To enable the governing authority of Thomas County to fix its budget, no later than the second Tuesday in November of each year, said sheriff shall tender to the governing authority of Thomas County a proposed budget of expenditures for the carrying out of the powers, duties and operations of his office for the ensuing fiscal year, which said proposed budget shall show the estimated amounts of all proposed expenditures for operating and equipping the sheriff's office and jail other than construction, repair, or capital improvement of county buildings during the said fiscal year. The expenditures shall be itemized as follows: (a) Salary of the sheriff. Budget. (b) Salaries of deputies and assistants. (c) Expenses, other than salaries. (d) Equipment. (e) Investigations. Page 2499 (2) The governing authority of Thomas County, may require said sheriff to correct mathematical, mechanical, factual and clerical errors, and errors as to form in the proposed budget. Not later than the second Tuesday in December of each year, the governing authority may amend, modify, increase or reduce any or all items of expenditures in the proposed budget and, as amended, modified, increased, or reduced, shall approve said budget, giving written notice of their action to said sheriff and specifying in such notice the specific items so amended, modified, increased or reduced. The written notice of such action as taken by the governing authority of said Thomas County shall be final. Section 5. Payment of salaries and expenses . (1) Said sheriff of Thomas County is hereby authorized to make direct purchases of office supplies without resort to a county purchasing authority. Said sheriff shall submit prior to the second Tuesday of each month all bills for salaries and expenses to the governing authority of said county and all such bills and items of expenses shall be paid directly by said county governing authority out of county funds, provided same have been approved in said proposed budget or shall be approved at that time by said governing authority. (2) Said sheriff of Thomas County is hereby authorized to set up a petty cash fund for payment of incidental expenses in the amount and under such direction as may be determined by said county governing authority. Section 6. The Commissioners of Roads and Revenues of Thomas County shall cause a certified public accountant to make an annual audit of the records of said sheriff not later than 90 days following the end of each calendar year. Said audit shall report all funds collected and all funds paid to Thomas County by said sheriff and all funds due the county but not collected by said sheriff. The expense of preparing such audit for said office shall be paid for by Thomas County. Audits. Section 7. No part of this Act shall be interpreted so as to deprive said sheriff from receiving rewards for the apprehension of criminals. Rewards. Page 2500 Section 8. This Act shall not become effective unless approved by the people in a referendum held for such purpose. Not less than fifteen (15) days nor more than thirty (30) days after 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 Thomas County to issue the call for an election for the purpose of submitting this Act to the voters of Thomas County for approval or rejection. The date of the election shall be set for a day not less than twenty (20) days nor more than thirty (30) days after the date of the issuance of the call. The date and the purpose of the election shall be published once a week for two (2) 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 placing the Sheriff of Thomas County on a salary basis in lieu of a fee basis. Against approval of the Act placing the Sheriff of Thomas County on a salary basis in lieu of a fee basis. Referendum. All persons desiring to vote in favor of this Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect as of January 1, 1965. If a majority of those persons voting in such election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Thomas County. It shall be the duty of the ordinary to hold and conduct such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall further be his duty to certify the results thereof to the Secretary of State. Section 9. 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. Severability. Section 10. All laws and parts of laws in conflict herewith are hereby repealed. Page 2501 Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced in the January 1964 Session of the General Assembly of Georgia a bill to change the compensation of the sheriff of Thomas County, Georgia, from the fee basis, and place said Sheriff on a salary; to fix the salary of said sheriff and provide for the payment of same; to provide that all emoluments accruing to said office, except said salary, shall be and become the property of said county; to provide for the employment of assistant personnel for said sheriff and the payment of the expenses in operating said office; to provide the date such act shall become effective; and for other purposes. By authorization of the Commissioners of Roads and Revenues of Thomas County, Georgia, this the 22nd day of January, 1964. /s/ E. P. McCollum, County Attorney for Thomas County, Georgia. State of Georgia, Thomas County. Personally appeared before the undersigned attesting officer, Lee E. Kelly, who after being first duly sworn on oath says and certifies that he is secretary and general business manager of The Times-Enterprise Company, publishers of The Times-Enterprise the weekly edition of which paper is the newspaper in which sheriff's advertisements for Thomas County are published, and he does further swear and certify that an exact copy of the above and foregoing notice of intention to apply for local legislation was published in The Times-Enterprise, Weekly Edition, on January 24th and 31st, 1964 and February 7th, 1964. /s/ Lee E. Kelly Page 2502 Sworn to and subscribed before me, this 8th day of February, 1964. /s/ Mary Jane H. Ray Notary Public for Georgia. Residing in Thomas County. My Commission expires September 27, 1966. (Seal). Approved March 10, 1964. COBB COUNTY CIVIL SERVICE SYSTEM ACT. No. 733 (House Bill No. 659). An Act to authorize the establishment of a Civil Service System in Cobb County for persons receiving salary and wages in whole or in part from Cobb County; to provide for the creation of a Cobb County Civil Service Board, to make provisions for the petitioning of said Board by employees to come under the jurisdiction of the said System; to define department for the purposes of this Act; to provide the qualifications, appointment, duties, functions and term of said Board; to provide that said Board should hold public meetings; to provide that said Board shall promulgate rules and regulations subject to ratification of Governing authority of Cobb County; to provide for the selection, promotion and demotion of personnel, job classifications and prescribed qualifications of personnel; to enumerate those offices in Cobb County that shall be exempt from said Civil Service System; to enumerate those offices of Cobb County that may by election come under the jurisdiction of the said Civil Service Board; to provide for the manner of conducting hearings of the said Civil Service Board; to provide the compensation of the said Board; to provide for appeals to the Board by employees under the Civil Service System for grievances; to provide that political or religious affiliations shall not be a prerequisite to employment or promotion; to provide that political activity shall be cause for dismissal of employees Page 2503 under said System; to provide 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 Cobb County Civil Service System Act; Short title. Section 2. (a) From and after the effective date of this Act, there is hereby created in Cobb County a Civil Service System or merit system of personnel administration, to be known as the Cobb County Civil Service System. All persons who receive salaries or wages in whole or in part from Cobb County may be placed under said Civil Service System except (1) all Cobb County Board of Education employees, (2) all elected officials, (3) all appointed Boards, (4) members of Commissions or Authorities, (5) the Cobb County Attorney, (6) part-time employees, (7) Assistant Solicitors General, (8) Chief Deputy Clerk of Cobb Superior Court, (9) the Chief Deputy Sheriff of Cobb County, (10) the Chief Deputy Tax Commissioner of Cobb County, (11) the Chief Deputy Commissioner of Roads and Revenues of Cobb County, (12) Court Reporters for the Superior Court of Cobb County, (13) Chief Clerk in the Office of the Ordinary of Cobb County, (14) Department Heads of Cobb County, (15) Cobb County Comptroller or Director of Finance, (16) Warden of Cobb County Prison Camp, (17) any Deputy Sheriff, Policeman, Detective or other person deputized by law who has been convicted and sentenced finally for any felony, under the laws of this or any other State, involving moral turpitude, the offense being also a felony in this State, unless restored by a pardon from the proper executive, under the great seal of the State, to all the rights of citizenship, (18) any Deputy Sheriff, Policeman, Detective or other person deputized by law who has been convicted and sentenced finally for any misdemeanor, under the laws of this or any other State, involving moral turpitude, the offense being also a misdemeanor in this State, unless restored by a pardon from the proper executive, under the great seal of the State, to all the rights of citizenship provided such conviction has been within five years immediately preceding the effective date of this Act or within five years next preceding the date Page 2504 of application for Civil Service examination, (19) and any other officials expressly exempt by law. Created, etc. Section 3. There is hereby created and established the Cobb County Civil Service Board which shall consist of three members who shall have been residents of Cobb County for two years or more, and who shall hold no other elective or appointive public office, either Federal, State, County, or Municipal. The Governing Authority of Cobb County shall appoint the original members of the Board for staggered terms of two, four, and six years respectively. The person appointed for a two year term shall fill Post No. 1 on the Board. The person appointed for a four year term shall fill Post No. 2. The person appointed for a six year term shall fill Post No. 3. Members, etc. After the expiration of the terms of the members appointed to each respective Post, the terms of members filling all subsequent Posts shall be six years. The successor and all subsequent successors to Post No. 1 shall be filled by secret ballot election by all those employees of Cobb County who are at that time under the Civil Service System of Cobb County. The successor and all subsequent successors to Post No. 2 shall be filled by appointment of the members filling Post No. 1 and Post No. 3. The successor and all subsequent successors to Post No. 3 shall be appointed by the Governing Authority of Cobb County. All vacancies occurring in any Post herein provided for shall be filled in the same manner as was the appointment of the member of the Post in which the vacancy occurred. Any member of the Board shall be subject to re-appointment or re-election, as the case may be. No member of said Civil Service Board shall have held political office or have been a salaried employee of Cobb County during the six months next preceding his appointment or election. No member of said 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 personally or by registered or certified mail addressed to his residence as shown in the files of the said Governing Authority at least ten days before the date set for hearing with written Page 2505 specifications of the charges against him. The three members of the said Civil Service Board shall designate one of their number as Chairman and another as Vice-Chairman. Members of the said Civil Service Board shall be paid the sum of $10.00 per diem for time actually devoted to the business of the Board, not exceeding thirty days in any calendar year. 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 Cobb County or in a court room of the Superior Court of Cobb 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. Initially included by operation of this law under the jurisdiction of the Cobb County Civil Service Board and as members of the said Cobb County Civil Service System shall be all personnel in the office of the Sheriff of Cobb County, excepting the said Sheriff himself and his Chief Deputy, and including, but not limited to Deputy Sheriffs, Jailors and Turnkeys, and all full-time personnel and Police Officers of the Cobb County Police Department and the Cobb County Detective Bureau. All other personnel of Cobb County except those heretofore expressly excluded may come under the jurisdiction of the said Civil Service Board as members of the said Cobb County Civil Service System, providing their respective departments have elected to be governed under the Cobb County Civil Service System according to the procedure hereinafter set out. After the effective date of this Act, all appointments, employments, removals, promotions, demotions, transfers, lay offs, reinstatements, suspensions, leaves of absence without pay and changes in grade or title of any personnel coming under the jurisdiction of the Civil Service Board shall be made and permitted only as prescribed by this Act and the rules and Page 2506 regulations herein referred to and not otherwise. Each respective department of Cobb County, other than those herein above specified and mandatorily operative under this Act, shall have the option of determining whether or not that department shall be governed by the Civil Service System of Cobb County. Upon a petition signed by twenty per cent (20%) of the employees of a department being presented to the said Civil Service Board stating that those employees desire that an election be conducted to determine whether or not this particular department shall be governed by the Cobb County Civil Service System, the Board shall set a date for an election for that purpose. Only one such election shall be held for each department in any one calendar year. Said election shall be conducted according to the procedure set out by the Board, but shall be by secret ballot of all the employees of the petitioning department. If two-thirds ([UNK]) of those employees voting do elect to be governed under the Cobb County Civil Service System, then that department and all of its personnel shall be included under the jurisdiction of the said Civil Service Board. A department for the purposes of this Act shall mean a group of employees so designated as a department by the Governing Authority of Cobb County but shall in any event include the following departments: Employees included. (a) Cobb County Water and Sewage System (b) Cobb County Public Works Department (c) Office of the Clerk of Cobb Superior Court (d) Office of the Tax Commissioner of Cobb County (e) Office of the Ordinary of Cobb County (f) Full-time personnel of all of the then existing Fire Boards or Fire Departments in Cobb County, taken as a whole. 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 Page 2507 thereafter recommend to the Governing Authority of Cobb County (whether said body be composed of one or several persons) 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 shall provide for the establishment of a register of persons eligible for appointment under the Civil Service System and shall provide that the Governing Authority shall be required to choose personnel solely from said register, and the personnel employed by such Governing Authority 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 Cobb County shall have the force of law and be binding upon all departments and offices of the county then or thereafter coming under the jurisdiction of said 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 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 Page 2508 rules and regulations from time to time and when said amendments, changes, or additions are adopted by the Governing Authority of Cobb 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. Dismissal of employees. Section 8. Political Activity and Recommendations . In applying the provisions of this Act or in doing any of the things hereby provided, no person whosoever shall give any consideration to political or religious affiliations. No person holding a position under the Civil Service System shall directly or indirectly solicit or receive in any manner or be concerned with solicting or receiving any assistance or subscriptions or contributions for any political purpose, or participate in any form of political activity whatsoever, other than to express privately his views as a citizen and to cast his vote in any election. No recommendations for any person who applies for office or position under the Civil Service System, or for examination under the provisions of this Act, except as to character, and in the case of former employees Page 2509 as to ability, shall be considered by the Board in giving any examination, appointment, promotion, or reinstatement under the Act. Section 9. All costs for salaries, expenses, supplies for the establishment and operation of the Civil Service System and Civil Service Board shall be borne by Cobb County and paid out of county funds as a cost of administration. Costs. Section 10. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. Severability. Section 11. The provisions of this Act shall become effective on February 1, 1965 provided the Constitution of the State of Georgia is amended in the November, 1964 General Election so as to authorize the creating of the Cobb County Civil Service System. Effective date. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. 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 and/or Constitutional Resolution to create and establish a Civil Service System for Cobb County employees, and for other purposes. Page 2510 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 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, February 1. /s/ Robert E. Flournoy, Jr. Representative, Cobb County. Sworn to and subscribed before me, this 4th day of March, 1963. /s/ Fanny Lee Garrett, Notary Public. My Commission Expires Sept. 24, 1965. (Seal). Approved March 10, 1964. Page 2511 CITY COURT OF SAVANNAHCOMPENSATION OF SHERIFF. No. 741 (House Bill No. 823). An Act to amend an Act entitled An Act to amend the several Acts creating and relative to the City Court of Savannah; repealing any part of the Act approved August 20, 1923, and the Act approved February 22, 1933, which may be in conflict with the provisions hereof; establishing, fixing and creating the salaries of the judge of the City Court of Savannah, the clerk of the City Court of Savannah and the sheriff of the City Court of Savannah; repealing all laws in conflict herewith; and for other purposes., approved February 9, 1949 (Ga. L. 1949, p. 403), as amended, so as to increase the salary of the sheriff of the City Court of Savannah; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to amend the several Acts creating and relative to the City Court of Savannah; repealing any part of the Act approved August 20, 1923, and the Act approved February 22, 1933, which may be in conflict with the provisions hereof; establishing, fixing and creating the salaries of the judge of the City Court of Savannah, the clerk of the City Court of Savannah and the sheriff of the City Court of Savannah; repealing all laws in conflict herewith; and for other purposes., approved February 9, 1949 (Ga. L. 1949, p. 403), as amended, 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. Be it further enacted by the authority of the aforesaid that the salary of the sheriff of the City Court of Savannah shall not be less than six thousand six hundred ($6,600.00) dollars per year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2512 State of Georgia, Chatham County. Personally appeared before me Lloyd Eder to me known, who being by me sworn, deposes and says: That he is the vice president of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press; That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That said newspaper is of general circulation in said county and in the area adjacent thereto and is the newspaper designated and customarily used by the sheriff of Chatham County for the publication of advertisements and by the other officials and official bodies of and in said county for the publication of notices required by law; That he is authorized to make affidavits of publication on behalf of said publisher corporation and that the following advertisement, to-wit: State of Georgia, County of Chatham. Notice of Intention to Apply for the Passage of Local Legislation. Notice is hereby given that Chatham County will apply to the Session of the General Assembly of Georgia convening in January, 1964, for passage of local legislation to change the compensation of the Sheriff of the City Court of Savannah. This 27th day of December, 1963. John W. Sognier, County Attorney, Chatham County. has been published in said Savannah Evening Press once a Page 2513 week for 3 weeks to-wit: in the regular issues of December 27, 1963, January 3, 10, 1964. /s/ Lloyd G. Eder, Deponent Sworn to and subscribed before me, this 20th day of January, 1964. /s/ Eleanor F. Carriere, Notary Public, Chatham County, Ga. (Seal). Approved March 10, 1964. CHATHAM COUNTYCOMPENSATION OF CORONER. No. 742 (House Bill No. 825). An Act to amend an Act entitled An Act to prescribe and establish compensation and/or salary for the coroner of Chatham County, Georgia; to prescribe the method of paying the said compensation and/or salary; to repeal all laws in conflict herewith and for other purposes: , approved March 5, 1957 (Ga. L. 1957, p. 2337), so as to increase the compensation of the coroner of Chatham 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 prescribe and establish compensation and/or salary for the coroner of Chatham County, Georgia; to prescribe the method of paying the said compensation and/or salary; to repeal all laws in conflict herewith and for other purposes: , approved March 5, 1957 (Ga. L. 1957, p. 2337), is hereby amended by striking from section 1 the following: shall be two thousand seven hundred ($2,700.00) dollars per year, and substituting in lieu thereof the following: shall be not less than three thousand ($3,000.00) dollars per year, so that when so amended, section 1 shall read as follows: Page 2514 Section 1. From and after the approval of this Act, the salary and/or compensation of the coroner, Chatham County, Georgia shall be not less than three thousand ($3,000.00) dollars per year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia Chatham County Personally appeared before me Lloyd Eder to me known, who being by me sworn, deposes and says: That he is the vice president of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press; That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That said newspaper is of general circulation in said county and in the area adjacent thereto and is the newspaper designated and customarily used by the sheriff of Chatham County for the publication of advertisements and by the other officials and official bodies of and in said county for the publication of notices required by law; That he is authorized to make affidavits of publication on behalf of said publisher corporation and that the following advertisement, to-wit: State of Georgia, County of Chatham. Notice of Intention to Apply for the Passage of Local Legislation. Notice is hereby given that Chatham County will apply to the Session of the General Assembly of Georgia convening in January, 1964, for passage of local legislation to change the compensation of the coroner of Chatham County, Georgia. Page 2515 This 27th day of December, 1963. John W. Sognier, County Attorney, Chatham County. has been published in said Savannah Evening Press once a week for 3 weeks to-wit: in the regular issues of December 27, 1963, January 3, 10, 1964. /s/ Lloyd G. Eder, Deponent Sworn to and subscribed before me, this 20th day of January, 1964. /s/ Eleanor F. Carriere, Notary Public, Chatham County, Ga. (Seal). Approved March 10, 1964. CITY OF CARROLLTONCOMPENSATION OF COUNCILMEN. No. 747 (House Bill No. 863). An Act to amend an Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority to the City of Carrollton; to confer additional power upon the mayor and city council of Carrollton; to extend the corporate limits of said city; and for other purposes., approved September 9, 1891 (Ga. L. 1890-1891), Vol. II, p. 474), as amended, so as to change the maximum compensation of the councilmen of the City of Carrollton; 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 amend, revise and consolidate the several Acts granting corporate authority to the City of Carrollton; to confer additional power upon the Page 2516 mayor and city council of Carrollton; to extend the corporate limits of said city; and for other purposes., approved September 9, 1891 (Ga. L. 1890-1891, Vol. II, p. 474), as amended, is hereby amended by striking from section XII of said Act the words one hundred and substituting in lieu thereof the words six hundred, so that when so amended, said section XII shall read as follows: Section XII. Be it further enacted, that the mayor and clerk and treasurer and councilmen shall have an adequate salary, to be fixed by annual ordinance; provided, that the salary of the councilmen shall not exceed six hundred dollars per annum, to be fixed by ordinance. Section 2. This Act shall become effective on October 1, 1965. Section 3. 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 duly sworn, deposes and says that he is publisher and editor of the Carroll County Georgian, legal organ for Carroll County, Georgia, which has general circulation in the City of Carrollton, Carroll County, Georgia, and that the following legal advertisement appeared in the issues of said Legal Organ on December 26, 1963, January 2, and January 9, 1964: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Carrollton intends to apply for the passage of local legislation at the 1964 Session of the General Assembly of Georgia, which convenes on Monday, January 13, 1964, to amend the charter of the City of Carrollton so as to permit the fixing of yearly compensation to the councilmen of the City of Carrollton at a sum not to exceed $600.00, effective October 1, 1965. Page 2517 This 20th day of December, 1963. William J. Wiggins, City Attorney, City of Carrollton. This 18th day of January, 1964. /s/ Stanley Parkman. Sworn to and subscribed before me, this 18th day of January, 1964. /s/ Mrs. Martha L. Smith, Notary Public. (Seal). Approved March 10, 1964. CITY OF THOMASTONCHARTER AMENDED. No. 748 (House Bill No. 868). 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, to empower said city to tax occupations and to license same and to increase the maximum rate of taxation for education and schools from one half of one per cent to two per cent upon the value of all property, real and personal, within the corporate limits of said city and upon all goods, chattels, monies, and choses in action whose owner resides within the corporate limits of said city, which are subject to taxation by the laws of this state; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the Act of the General Assembly of Georgia, approved March 15, 1933 (Ga. L. 1933, pp. 1070 et seq.) Page 2518 entitled An Act to amend, consolidate and supersede the several Acts incorporating the City of Thomaston in the County of Upson, State of Georgia, to create a new charter and municipal government of said city; to define the corporate limits of said city, etc., as amended, be and the same is hereby amended by adding to section 4 of said Act defining the corporate limits of said city additional paragraphs as a part of said section 4 of said Act, to read as follows: Tract No. 1: All of a certain tract or parcel of land lying south of and also adjacent to the present corporate limits of the City of Thomaston, in Upson County, Georgia, and more particularly described as follows: Beginning at a point on the east side of the South Center Street branch of State Highway No. 3 where the present corporate limits of said City of Thomaston intersects the east side of the right-of-way of the South Center Street branch of State Highway No. 3 and run thence in a southerly and southeasterly direction along the east right-of-way of State Highway No. 3, and following the curvature of the same, to the westernmost corner of that 10.0057 acres of land known as the Upson County Area Vocational School site (a plat of which 10.0057 acre tract of land is recorded in plat record 3 at page 140, which plat is by reference incorporated herein in aid of this description); run thence north 57 degrees 24 minutes east a distance of 300.16 feet; run thence south 35 degrees 21 minutes 47 seconds east a distance of 300.54 feet; run thence south 35 degrees 23 minutes 41 seconds east a distance of 222.43 feet; run thence south 32 degrees 06 minutes 13 seconds east a distance of 183.84 feet; run thence south 33 degrees 04 minutes 22 seconds east a distance of 155.83 feet; run thence north 84 degrees 27 minutes 53 seconds east a distance of 79.51 feet; run thence south 88 degrees 45 minutes 17 seconds east a distance of 434.54 feet; run thence south 1 degree 14 minutes 43 seconds west a distance of 283.68 feet; run thence north 85 degrees 27 minutes 17 seconds west a distance of 279.66 feet; run thence north 85 degrees 12 minutes 58 seconds west a distance of 339.21 feet; run thence north 87 degrees 53 minutes 09 seconds west to the west right-of-way of State Highway No. 3; running thence in a northwesterly and northerly direction along the west right-of-way of State Highway No. 3, and following Page 2519 the curvature of the same, to present corporate limits of said City of Thomaston on the north side of Veterans Drive (formerly Madison Street); run thence in an easterly direction along the north side of Veterans Drive to the southwest right-of-way line of the South Church Street branch of State Highway No. 3 as said west right-of-way line existed on August 13, 1953; run thence north 35 degrees 38.6 minutes west 59.55 feet; run thence north 33 degrees 1.2 minutes west 59.55 feet; run thence north 30 degrees 23.9 minutes west 59.55 feet; run thence north 27 degrees 46.6 minutes west 59.55 feet; run thence north 25 degrees 9.2 minutes west 59.55 feet; run thence north 22 degrees 31.9 minutes west 59.55 feet; run thence north 19 degrees 54.6 minutes west 59.55 feet; run thence north 17 degrees 17.2 minutes west 59.55 feet to the original corporate limits of said City of Thomaston (which original corporate limits of said City of Thomaston extend three-fourths of one mile in every direction from the center of the Upson County court-house); run thence in an easterly direction along the said original corporate limits of the City of Thomaston to the northeast or east right-of-way of the South Church Street branch of State Highway No. 3, as said South Church Street branch of State Highway No. 3 existed in August, 1947; run thence south 17 degrees 32 minutes east 64 feet; run thence south 22 degrees 56 minutes east 134 feet; run thence south 28 degrees 22 minutes east 100 feet; run thence south 35 degrees 10 minutes east 192 feet; run thence south 40 degrees 30 minutes east 269 feet to the point of intersection (as said point of intersection existed in August, 1947) of the northeast right-of-way of the South Church Street branch of State Highway No. 3 with the west right-of-way of the South Center branch of State Highway No. 3; run thence in a northerly direction along the west right-of-way (as said right-of-way existed in August, 1947) of the South Center Street branch of State Highway No. 3 to the point of intersection of said west right-of-way (as said right-of-way existed in August, 1947) of the South Center Street branch of State Highway No. 3 with a line extended due west from the point of beginning; and run thence due east to the point of beginning. Corporate limits. It was the intent and purpose of the General Assembly of Page 2520 Georgia that the above described tract or parcel of land be incorporated into the corporate limits of the City of Thomaston by the Act approved April 2, 1963 (Ga. L. 1963, p. 2690), and the purpose of this Act is to more adequately describe said tract or parcel of land. Tract No. 2: All of a certain tract or parcel of land lying and being in land lots nos. 219 and 224 of the 10th land district of Upson County, Georgia, lying south of and adjacent to the present corporate limits of the City of Thomaston in Upson County, Georgia, and being a portion of Veterans Drive (formerly Madison Street) and being more particularly described as follows: Beginning at the point of intersection of the westerly right-of-way line of the South Church Street branch of State Highway No. 3 with the north side of Veterans Drive and run thence westerly along the north side of Veterans Drive to the center line of a branch flowing southeasterly through Land Lot No. 224; thence southeasterly along the center line of said branch to the south side of Veterans Drive; thence easterly along the south side of Veterans Drive to the westerly right-of-way of the South Church Street branch of said State Highway No. 3, and thence northerly along the westerly right-of-way of the South Church Street branch of said State Highway No. 3 to the north side of Veterans Drive and the point of beginning. Tract No. 3: All that tract or parcel of land lying and being in land lot no. 224 of the 10th land district of Upson County, Georgia, lying south of and adjacent to Tract No. 2 above described, and being more particularly described as follows: Beginning at the point of intersection of the south side of Veterans Drive (formerly Madison Street) with the center line of the branch flowing southeasterly through Land Lot No. 224 and run thence along the south side of Veterans Drive north 85 degrees 15 minutes east 420 feet to a point; thence south 4 degrees 45 minutes east 490 feet to the north side of the property known in the community as the Veterans' Club property; thence southwesterly approximately 180 feet along the north side of said Veterans' Club property to the center line of the aforementioned branch, and thence northerly and northwesterly along the center line of said branch to the point of beginning. Page 2521 Tract No. 4: All that tract or parcel of land lying and being in land lot no. 219 of the 10th land district of Upson County, Georgia, lying south of and adjacent to Tract No. 2 above described, being known as Southview Cemetery, and bounded as follows, to-wit: On the north by Veterans Drive (formerly Madison Street); on the east by South Church Street and the street running from South Church Street to Lincoln Park; on the south by lands of Charles M. Pasley and M. W. Barron Estate, and on the west by the property known in the community as the Veterans' Club property. 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 from line twelve (12) of section 27 the words, one half of one per cent., and inserting in lieu thereof the words, two per cent., so that said section 27, as amended, shall read as follows: Section 27. Be it further enacted, that the mayor and city council of said city are hereby authorized and empowered to provide by ordinance for the assessment, levy, and collection of ad valorem taxes on all property, real and personal, within the corporate limits of said city, and upon all goods, chattels, monies, and choses in action whose owner resides within corporate limits of said city, which are subject to taxation by the laws of this state: for the ordinary current expenses of said city a tax not exceeding one half of one per cent. upon the value of said property; for expenditures for education and schools an additional tax not to exceed two per cent. upon the value of said property; and for the paying and macadamizing of streets, and for the payment of the principal and interest of the public debt of said city, such additional tax as may be necessary and proper. Said taxes shall have the same lien and priority as taxes due the state and county, except that they shall be postponed thereto. Ad valorem tax rates. Page 2522 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 32 of said Act, as amended, and substituting in lieu thereof a new section 32 of said Act, as amended, to read as follows: Section 32. Be it further enacted, that the mayor and city council of the City of Thomaston created by this Act shall have full power and authority to license, tax, 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 medicine, soaps, notions, and all other articles; also hotels, chain-stores, boarding-houses, action-houses, restaurants, fish-stands, meat markets, laundries, and billiard, pool, and other kinds of tables; ten-pins, shooting-galleries, and bowling-alleys, slot-machines or any games operated by coin-in-slot devices, and all contrivances and devices for carrying on games; also bakeries, dairies, barber-shops, livery-stables, slaughter-houses, tanyards, garage or motor vehicle repair shops, blacksmith-shops, gins, sawmills, planning-mills, also auctioneers, peddlers, and pawnbrokers; all agents for fire, accident, and life insurance companies; the sale of all sorts of beverages, cigars, and tobacco products; and all businesses, occupations, professions, callings, trades or avocations, which under the laws of this State are subject to license. And said mayor and council shall have power to require registration of, and to assess and collect an occupation tax on all such businesses, etc., and all other businesses, trades, professions, occupations, or callings conducted or engaged in said city, and such occupation tax shall constitute a lien upon all the property of the tax payer or person liable, and shall take rank and be enforceable by execution in the same manner as city ad valorem taxes; and said city may require the registration of, the obtaining of a license for, Page 2523 and the payment of an occupation tax on all of 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 person, firm or corporation conducting or engaging in any such business, etc., without first registering, obtaining a license and paying said occupation tax. Said mayor and council shall have full and complete power to provide by ordinance for classification of all businesses, and to fix the occupation taxes to be paid by the different classes of businesses, etc., and all other rules and regulations necessary and proper in the premises. Business licenses, etc. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Upson County. Before me, the undersigned officer authorized to administer oaths, personally appeared S. J. Carswell, 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 circulatin 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 26, 1963, January 2, 1964, and January 9, 1964. Thomaston Publishing Company By: S. J. Carswell. Sworn to and subscribed before me, this 9th day of January, 1964. /s/ Ronald Barfield, Notary Public, Upson County, Georgia. My Commission Expires Jan. 15, 1966. (Seal). Page 2524 Copy of Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1964, session of the General Assembly of Georgia a bill to amend the Act creating a new charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, p. 1070), as amended, so as to change and extend the corporate limits of said city, to empower said city to license occupations and to tax the same, to increase the authorized limits on ad valorem taxation said city is empowered to levy for educational and school purposes and for other purposes. This 21st day of December, 1963. /s/ Johnnie L. Caldwell, Representative, Upson County, Georgia Talmage B. Echols, Representative, Upson County, Georgia. Approved March 10, 1964. ACWORTH LAKE AUTHORITYMEMBERS. No. 753 (House Bill No. 910). An Act to amend an Act creating the Acworth Lake Authority, approved February 19, 1951 (Ga. L. 1951, p. 265), so as to change the method of electing members of the said Acworth Lake Authority, and to provide for different qualifications for membership on said Acworth Lake Authority; to terminate the present members thereon; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing the Acworth Lake Authority, approved February 19, 1951 (Ga. L. 1951, Page 2525 p. 265) is hereby amended by striking section 2 therefrom and substituting in lieu thereof the following to be known as section 2, to wit: Section 2. There is hereby created a body corporate and politic, to be known as the Acworth Lake Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of five members, one of whom shall be the mayor of the City of Acworth in Cobb County, and four of whom shall be freeholders and registered and qualified voters of the City of Acworth in said county, who shall be selected by the mayor and council of that city being the governing body of the said City of Acworth. The term of office on the said Authority of the mayor of the City of Acworth shall be for the same term that he is acting as mayor of the said city, and he shall be the chairman of the Acworth Lake Authority. In addition to the chairman provided for above, the Authority shall select one of its members as secretary-treasurer. The initial four members of the Acworth Lake Authority, other than the mayor of the mayor of the City of Acworth, shall be elected at the first meeting of the mayor and council of the said City of Acworth in the month of May, 1964. One member elected at that time shall serve for one year and until the election and qualification of his successor at the first meeting of the mayor and council of the City of Acworth in the month of May, 1965; another member elected in May, 1964 shall serve for two years and until the election and qualification of his successor at the first meeting of the mayor and council of the City of Acworth in the month of May, 1966; another member elected in May, 1964 shall serve for three years and until the election and qualification of his successor at the first meeting of the mayor and council of the City of Acworth in the month of May, 1967; and another member elected in May, 1964 shall serve for four years and until the election and qualification of his successor at the first meeting of the mayor and council of the City of Acworth in the month of May, 1968. Thereafter, the term of each member of the said Authority, other than the mayor of the City of Page 2526 Acworth, shall be for a term of four years and until their successors are elected and qualified, so that staggered terms for members, other than the mayor of the City of Acworth, shall exist. Four members of the Authority shall constitute a quorum. Each member of the Authority shall have one vote, including the chairman, on any issue or matter. A majority of the quorum are empowered to exercise all the rights and perform all the duties of the Authority and no vacancy on the Authority shall impair the right of the quorum to Act. In the event of a vacancy on the authority through death, resignation or otherwise, same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason, in the same manner that such member originally became a member of the Authority, that is, by succession in office, or by appointment as aforesaid. The membership of the Authority shall serve without compensation except that they shall be reimbursed for the actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 2. All present members of the said Acworth Lake Authority shall terminate their membership thereon, and their offices shall be declared vacated, upon the election and qualification of the members of said Authority as provided in section 1 of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. 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, 1964 session of the General Assembly of Georgia a bill to amend 1951 Ga. L. p. 265 et seq. as amended appertaining to the Acworth Lake Authority and for other purposes. Page 2527 This 17th day of December, 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 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: December 20, 27, 1963; January 3, 10, 1964. /s/ Robert E. Flournoy, Jr., Representative, Cobb County. Sworn to and subscribed before me, this 28th day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. Page 2528 APPOINTMENT OF JUDGES OF SMALL CLAIMS COURTS IN CERTAIN COUNTIES. No. 754 (House Bill No. 926). An Act to amend an Act creating a Small Claims Court in certain counties and providing the procedure connected therewith, approved April 4, 1963 (Ga. L. 1963, p. 2933), so as to provide for the procedure for the appointment of a judge in certain counties; to repeal conflicting laws; and for other purpsoes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Small Claims Court in certain counties and providing the procedure connected therewith, approved April 4, 1963 (Ga. L. 1963, p. 2933), is hereby amended by adding at the end of section 2 the following: Provided, however, that in all counties of this state having a population of not less than 11,725 nor more than 12,025 according to the 1960 U. S. Decennial Census, or any such future census, the judge of the Small Claims Court shall be appointed by the Governor. The first appointment made by the Governor in such counties shall be for a term ending January 1, 1967. Thereafter, all appointments to terms of office shall be for 4 years. All vacancies occurring in such offices shall be filled by appointment by the Governor. Where applicable, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. Page 2529 TOWN OF WATKINSVILLECHARTER AMENDED. No. 761 (House Bill No. 994). An Act to amend an Act reincorporating the Town of Watkinsville, approved August 29, 1891 (Ga. L. 1890-91, Vol. II, p. 720), as amended, so as to define the qualifications of the mayor and council; to change the tax return date; to provide for the establishment of a police or mayor's court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act reincorporating the Town of Watkinsville, approved August 29, 1891 (Ga. L. 1890-91, Vol. II, p. 720), as amended, is hereby amended by inserting between sections III and IV a new section IIIA to read as follows: Section IIIA. A person, in order to qualify as a candidate for the office of mayor or councilman of the Town of Watkinsville, shall be at least twenty-one (21) years of age, a freeholder, and shall have resided in said town for a period not less than one year immediately preceding the election in which he intends to qualify as a candidate. If the mayor or any councilman, during his term of office, shall remove his residence from said town or otherwise cease to be a bona fide resident thereof, his office shall immediately become vacant. Mayor and councilmen. Section 2. Said Act is further amended by striking the last sentence of section XIII in its entirety and inserting in lieu thereof the following: Tax returns shall be made on or before the first day of April for property held and subject to taxation on the first day of January previous., Tax returns. so that when so amended section XIII shall read as follows: Section XIII. Be it further enacted, that all property, both real and personal, within the corporate limits of said town subject to taxation, must be given in by the owners Page 2530 thereof, to the mayor of said town or to such other persons as shall be designated by the mayor and council, as receiver, at its fair market value, under oath, to be administered by the mayor and receiver, which oath shall be as follows: `You do solemnly swear that the property given in by you this day is all of the property, real and personal, owned or controlled by you within the corporate limits of said town subject to taxation; and that the value placed on said property by you is, to the best of your knowledge and belief, the true market value thereof.' If given in by an agent, the agent may swear that the return is true to the best of his knowledge and belief. Tax returns shall be made on or before the first day of April for property held and subject to taxation on the first day of January previous. Section 3. Said Act is further amended by inserting between sections XXI and XXII a new section XXIA to read as follows: Section XXIA. The mayor and council of the Town of Watkinsville are hereby authorized to establish a police or mayor's court. This court shall have jurisdiction over all violations of the ordinances or resolutions of the mayor and council. The court shall be presided over by the mayor of said town, and in his absence or disability by the mayor pro tem. The presiding officer of the police or mayor's court shall have jurisdiction and authority to try all offenders against the laws and ordinances of the Town of Watkinsville and to punish for violations of same. Said court shall have power to enforce its judgments by the imposition of penalties as may be provided by law; to punish witnesses for non-attendance; and also to punish by imposing a fine not exceeding one hundred dollars for the violation of any law or ordinance of the Town of Watkinsville, passed in accordance with its charter, or to imprison offenders in the common jail for a period not exceeding ninety days, or sentence such violators to labor on the streets or other public works of the town, any one or all, in the discretion of the court. The presiding officer of the police or mayor's court shall have power to preserve order in the court, compel attendance of witnesses, compel the production of books and papers to be used as evidence, and to punish for contempt; Page 2531 provided said punishment shall not exceed twenty-five dollars or imprisonment in the common jail for more than ten days, or more than ten days of labor on the streets or other public works. Mayor's court. The presiding officer of the police or mayor's court shall be for all intents and purposes a Justice of the Peace so as to enable him to issue warrants for offenses committed within the corporate limits of said town, which warrant may be executed by the town marshal or policemen of said town anywhere within the limits of this State and to the same extent as sheriffs, against any person charged with a violation of the laws and ordinances of said town or the laws of this State. In the absence of the mayor or mayor pro tem, any member of the council may preside in the police or mayor's court, try any person for violation of the ordinances of said town and impose punishment within the limits prescribed by laws and ordinances of said town and may also act as Justice of the Peace in issuing warrants as provided herein against persons charged with the violation of any ordinance of said town or the laws of this State. The town marshal or policemen may take bonds for the appearance of any person arrested by them, for appearance before the police or mayor's court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor, mayor pro tem, or any member of the council presiding at the police or mayor's court, in the absence of the above-named officers. The mayor, the mayor pro tem, or any member of council, presiding in the absence of the above-named officers, when any person is arraigned before the police or mayor's court, charged with the violation of any ordinance of said town, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance, at the time appointed for trial, or be imprisoned to await trial. If such bond be given and the accused fails to appear at the time fixed for trial, the bond may be forfeited by the presiding officer and an execution issued thereon by serving the defendant if to be found, and his sureties, with a rule nisi, at least two days before the Page 2532 hearing of the said rule nisi. The presiding officer shall also have power and authority to accept cash in lieu of bond and security for the appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be for order of the officer presiding, declared forfeited to the Town of Watkinsville. Any person convicted before the presiding officer of the police or mayor's court of the Town of Watkinsville shall have the right to certiorari to the Superior Court of Oconee County, Georgia, provided all costs are first paid and bond and securities given in double amount of the fine imposed, to answer the final judgment rendered in the case; and provided further nothing in this Section shall prevent the defendant to file the usual pauper affidavit in lieu of either giving bond and security and the payment of cost, and provided further the appellant failing to give bond and security may, in the discretion of the presiding officer of said police or mayor's court, be placed in the common jail of said county to await the final judgment of the appeal provided herein. Nothing in this section shall be construed to prevent any person convicted of a violation of any ordinance of said town before said police or mayor's court, from certioraring the proceedings directly to the Superior Court in all cases where certiorari will lie from the judgment of the Justice of the Peace in civil actions under the rules of law governing such cases. 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, 1964, session of the General Assembly of Georgia, a bill to amend the charter of the town of Watkinsville so as to define the qualifications of the mayor and council, to change the tax return date, to provide for the establishment of a police or mayor's court, and for other purposes this 14th day of January 1964. H. H. Wells, Representative, Oconee County. Page 2533 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hubert H. Wells, who, on oath, deposes and says that he is Representative from Oconee County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Oconee Enterprise, which is the official organ of said county, on the following dates: January 15, 22 and 29, 1964. /s/ Hubert H. Wells, Representative, Oconee County. Sworn to and subscribed before me, this 3rd day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. MAINTENANCE OF ABANDONED WELLS, ETC. IN CERTAIN COUNTIES. No. 762 (House Bill No. 998). An Act to provide that it will be unlawful for the owner or person in possession of land in certain counties to have or maintain thereon an abandoned open well or hole; to define an abandoned open well or hole for the purposes of this Act; to provide punishment and methods of prosecution for violations of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Page 2534 Section 1. It shall be unlawful for the owner or person in possession of land in any county of this State having a population of not less than 11,200 and not more than 11,450, according to the 1960 decennial census or any such future census, to have or maintain thereon an abandoned open well or hole, as hereinafter defined. It shall be the duty of any owner or person in possession of land having or maintaining an abandoned open well or hole thereon to adequately cover the well or hole with some durable material, extending at least two feet from all edges of the well or hole opening. Where applicable, etc. Section 2. For the purpose of this Act, an abandoned well or hole shall be any manmade opening upon the surface of the earth ten feet or more in depth, not used for a period of sixty days, exclusive of ditches, stone, marble or slate quarries, or sand or gravel pits. Defined. Section 3. Any person or corporation violating any of the provisions of this Act shall be guilty of a misdemeanor and shall be punished as such. Misdemeanor. Section 4. When notice is given of a violation of this Act, the solicitor-general of the circuit in which the land lies shall bring such violation to the attention of the grand jury of the county in which such abandoned open well or hole exists. It shall be the duty of the solicitor-general to prosecute such persons, person, or corporation violating any of the provisions of this Act. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. Page 2535 WILKINSON COUNTYMONTHLY STATEMENT OF COMMISSIONERS OF ROADS AND REVENUES. No. 766 (House Bill No. 1010). An Act to amend an Act entitled An Act to create a board of commissioners of roads and revenues of Wilkinson County, Georgia; to provide for naming and the election of commissioners to constitute said board; to prescribe their powers and duties; to prescribe their term of office; to fix their salary; to provide for employees, and to fix the salary of employees; to provide for their removal from office; to provide for filling vacancies; to provide for five districts from which they shall be elected; and for other purposes approved February 28, 1933 (Ga. L. 1933, p. 777), as amended so as to dispense with a full itemization of the monthly statement of the board; to repeal all laws in conflict; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. A bill entitled An Act to create a board of commissioners of roads and revenues of Wilkinson County, Georgia; to provide for naming and the election of commissioners to constitute said boards; to prescribe their powers and duties; to provide for employees, and to fix the salary of employees; to provide for their removal from office; to provide for filling vacancies; to provide for five districts from which they shall be elected; and for other purposes approved February 28, 1933 (Ga. L. 1933, p. 777), as amended, is hereby amended by striking from section 8 of said Act the sentence: that said board shall keep or cause to be kept a record of all its acts and doings; that it shall publish in the official newspaper of said county, or by posting before the court-house door, a monthly statement, fully itemized, showing the exact amount of county funds on hand, and the amount disbursed, giving name of each party in whose favor each order was passed, and the amount thereof., and inserting in lieu thereof the following sentence: That said board shall keep or cause to be kept a record of all its acts and doings; that it shall publish in the Page 2536 official newspaper of said county, or by posting before the court-house door, a monthly statement, showing the exact amount of county funds on hand, and the amount disbursed, giving name of each party in whose favor each order was passed, and the amount thereof., so that said section, as amended, shall read as follows: Section 8. That said board shall keep or cause to be kept a record of all its acts and doings; that it shall publish in the official newspaper of said county, or by posting before the court-house door, a monthly statement, showing the exact amount of county funds on hand, and the amount disbursed, giving name of each party in whose favor each order was passed, and the amount thereof. Should said board fail or refuse to comply with this section for as many as two months, their office shall be declared vacant when twenty-five freeholders of said county present the facts to judge of superior court and he finds that said facts are true. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Wilkinson County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. Brooks Lewis, who, on oath, deposes and says that he is representative from Wilkinson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News, which is the official organ of said county, on the following dates: Thursday, the 9th day of January, 1964; Thursday, the 16th day of January, 1964; and Thursday, the 23rd day of January, 1964. /s/ E. Brooks Lewis, Representative, Wilkinson County. Sworn to and subscribed before me, this 3rd day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Page 2537 Notice of Intention to Introduced Local Legislation. Notice is hereby given that it is my intention introduce at the 1964 session of the General Assembly of Georgia a local bill amending an Act creating a board of commissioners of Wilkinson County, approved February 28, 1933 (Ga. L. 1933, p. 777) as amended so as to dispense with a full itemization of the monthly statement of the board; and for other purposes. This 7th day of January, 1963. E. Brooks Lewis, Representative, Wilkinson County. Approved March 10, 1964. CITY OF CULLODENCHARTER AMENDED. No. 767 (House Bill No. 1019). An Act to amend an Act incorporating the City of Culloden, approved October 24, 1887 (Ga. L. 1886-87, Vol. II, p. 655), as amended by an Act approved December 24, 1888 (Ga. L. 1888, p. 229), and an Act approved December 15, 1897 (Ga. L. 1897, p. 178), so as to change the term of office of the mayor; to clarify the terms of office of councilmen; to repeal the provision exempting agricultural land from city taxes; to provide that aldermen may serve as tax assessors; to provide for the issuance and suspension of business licenses; 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 Culloden, approved October 24, 1887 (Ga. L. 1886-87, Vol. II, p. 655), as amended by an Act approved December 24, 1888 (Ga. L. 1888, p. 229), and an Act approved December 15, 1897 (Ga. L. 1897, p. 178), is hereby amended by striking from the Page 2538 third sentence of section II the words a mayor and and by adding at the end of section II the following: Beginning in 1964, on the second Wednesday in November, and every two years thereafter on the same date, a mayor of the City of Culloden shall be elected for a term of two years and until his successor is elected and qualified., so that when so amended section II shall read as follows: Mayor. Section II. Be it further enacted, That on the second Wednesday in November next there shall be held an election for mayor and six aldermen, three of whom shall hold their office for one and three for two years. At such election the electors shall designate on their tickets the three men they wish to hold for one year and the three they wish to hold for two years; and at said election all persons residing in the corporate limits aforesaid, and who shall be entitled to vote for members of the General Assembly, shall be entitled to vote. After said first election there shall be an election annually for three aldermen on the second Wednesday in November, and at such elections all persons who have resided in said city thirty days before the day of election, and who have paid all taxes of every description due the city, and shall be entitled to vote for members of the General Assembly, shall be entitled to vote; and all persons entitled to vote at such election, and eligible to hold office according to the Constitution and laws of this State, shall be eligible to hold any office of the said town; at any such election any justice of the peace and two freeholders, or in the absence of a justice of the peace any three freeholders resident in said city, and who are not candidates, may act as managers, and shall conduct such election as nearly as practicable in accordance with the election laws of this State. Such managers shall give certificates of election to the persons receiving the highest number of votes for their respective offices, which certificate shall be recorded on the minutes of council and shall be held to be the highest evidence of the election of such officers. Any person who shall vote more than once at such election, or contrary to the provisions of this section, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the common jail of the county not exceeding six months. Beginning Page 2539 in 1964, on the second Wednesday in November, and every two years thereafter on the same date, a mayor of the City of Culloden shall be elected for a term of two years and until his successor is elected and qualified. Section 2. Said Act is further amended by striking from the fourth sentence of section IV the words for one year, so that when so amended section IV shall read as follows: Section IV. Be it further enacted by the authority, That before entering upon the duties of the aforesaid offices, the persons elected thereto shall take and subscribe the following oath: Ido solmenly swear that I will to the best of my ability discharge the duties offor the city of Culloden during my continuance in office. So help me God.' Any person authorized by law, or the acting mayor of said city, may administer said oath. The mayor and alderman, and other officers provided for in this Act, shall hold their offices from the first Monday in January, succeeding their election, and until their successors are elected and qualified; Provided, nevertheless, that the officers elected by said mayor and alderman shall be liable to removal by a majority vote of the council (composed of mayor and alderman) for neglect of duty and malfeasance in office. Oaths, etc. Section 3. Said Act is further amended by striking section X in its entirety and inserting in lieu thereof a new section X to read as follows: Section X. The mayor and aldermen shall have power to levy an ad valorem tax, not to exceed one per cent., upon all the taxable property within the corporate limits of the city made taxable by the laws of this State. The valuation of property subject to taxation shall be assessed by three assessors who may also be aldermen of said city, who shall be elected by the mayor and aldermen at the same time that other officers of the corporation are elected, and who shall receive a regular salary, to be fixed at the same time and under the same restrictions as the salaries of the other officers of the city; and the assessors shall have the power to Page 2540 adopt as their appraisement the valuation placed on property by parties in making returns to the receiver of tax returns of the county or require the tax-payers to make returns to them, under oath, of all his taxable property. Should a difference arise between the assessors and any tax-payer concerning the value of property given in, the assessors shall have the power to assess the same at their valuation; but any tax-payer who may be dissatisfied with the assessment of his or her property, shall have the right of appeal to the council under such rules and regulations as they may prescribe. Ad valorem tax, etc. Section 4. Said Act is further amended by striking section XIII in its entirety and inserting in lieu thereof a new section XIII to read as follows: Section XIII. 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. The mayor and council of the City of Culloden shall have power and authority by ordinance to classify and provide for registering the various occupations, trades, callings, and kinds of business that are carried on in said city, and to fix 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. 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 that the person or persons, firm, company, Page 2541 corporation or association to whom said licenses were granted, is abusing the same, or whenever it is to the best interests of the city to do so. Business licenses. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Monroe County. Notice is hereby given of the intention to have introduced in the 1964 session of the General Assembly of Georgia legislation to amend the charter of the City of Culloden, so as to provide for a change in the method of providing revenue for the operation of the government of the City of Culloden and the term of office of the mayor of the City of Culloden. City of Culloden. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold G. Clarke, who, on oath, deposes and says that he is Representative from Monroe County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Monroe Advertiser, which is the official organ of said county, on the following dates: January 9, 16, 23, 1964. /s/ Harold G. Clarke, Repre- sentative, Monroe County. Sworn to and subscribed before me, this 28th day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. Page 2542 MONROE COUNTYCOMMISSIONERS OF ROADS AND REVENUES, REFERENDUM. No. 768 (House Bill No. 1020). An Act to amend an Act creating a board of commissioners of roads and revenues of Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended by an Act approved July 23, 1908 (Ga. L. 1908, p. 340), an Act approved August 9, 1912 (Ga. L. 1912, p. 435), an Act approved August 4, 1917 (Ga. L. 1917, p. 372), an Act approved March 9, 1939 (Ga. L. 1939, p. 684), an Act approved February 13, 1950 (Ga. L. 1950, p. 2362), and an Act approved March 13, 1957 (Ga. L. 1957, p. 3228), so as to change the terms of office of the members of the board; to provide for staggered terms; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues of Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended by an Act approved July 23, 1908 (Ga. L. 1908, p. 340), an Act approved August 9, 1912 (Ga. L. 1912, p. 435), an Act approved August 4, 1917 (Ga. L. 1917, p. 372), an Act approved March 9, 1939 (Ga. L. 1939, p. 684), an Act approved February 13, 1950 (Ga. L. 1950, p. 2362), and an Act approved March 13, 1957 (Ga. L. 1957, p. 3228), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. From and after the passage and approval of this Act, the county affairs of Monroe County shall be conducted and administered by a board of commissioners to be known as the commissioners of roads and revenues, which shall consist of three members who shall be citizens of said county and have the qualifications required by law for members of the House of Representatives. The commissioners shall be elected by the qualified voters of Monroe County for Page 2543 terms of office as hereinafter provided. The three persons receiving the highest number of votes in the 1964 general election shall be elected as commissioners of Monroe County. The person elected as commissioner who participated in the preceding county primary election and who received the highest number of votes cast for commissioner in such primary election shall hold office for a term of fours years and until his successor is elected and qualified. The remaining two commissioners shall serve for terms of two years each and until their successors are elected and qualified. In the general election of 1966, the persons offering as candidates to be successors to the two commissioners elected for two year terms in 1964, who receive the highest number of votes in the 1966 general election, shall be elected for terms of office of four years each and until their successors are elected and qualified. Thereafter, the commissioner shall be elected by the qualified voters of Monroe County in the general election preceding the expiration of their respective terms and the persons receiving the highest number of votes for commissioner shall be elected for terms of office of four years each and until their successors are elected and qualified. The commissioners, upon consolidation of the election returns, shall be commissioned by the Governor of this State. Section 2. The ordinary of Monroe County shall, after the date of the approval of this Act by the Governor, or after it otherwise becomes law, issue a call for an election to coincide with the next county primary election conducted in Monroe County to nominate county officers, for the purpose of submitting this Act to the voters of Monroe County for approval or rejection. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Monroe County. The ballot shall have written or printed thereon the words: For approval of the Act to change the terms of office of the Commissioners and to provide for staggered terms. Against approval of the Act to change the terms of office of the Commissioners and to provide for staggered terms. Referendum. Page 2544 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 more than onehalf 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 Monroe 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 January 1, 1965. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Monroe County. Notice is hereby given of the intention to have introduced in the 1964 session of the General Assembly of Georgia legislation to provide for a referendum for the purpose of determining whether the commissioners of Monroe County, Georgia shall serve for a term of four (4) years. Commissioners of Road and Revenue, Monroe County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold G. Clarke, who, on oath, deposes and says that he is Representative from Monroe County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Monroe Advertiser, which is the official organ of said county, on the following dates: January 9, 16, 23, 1964. Page 2545 /s/ Harold G. Clarke, Repre- sentative, Monroe County. Sworn to and subscribed before me, this 28th day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. DEKALB COUNTY RECORDER'S COURT ACT AMENDED. No. 769 (House Bill No. 1022). An Act to amend an Act approved March 17, 1959, creating and establishing the DeKalb County Recorder's Court (Ga. L. 1959, p. 3093), so as to provide that the board of commissioners of roads and revenues of DeKalb County shall select a chief judge of said court and such associate judges as may be necessary for the conduct of the business of such court; to provide for the method of compensation and terms of employment of the associate judge or judges; to provide for the confinement and/or imprisonment of persons charged with or convicted of violation of county ordinances; to prescribe the duties of the sheriff and his deputies in confining and caring for persons charged with such violations and the method and manner of acceptance and approval of bail; to provide for the appointment of marshals of said court and to prescribe their duties; to prescribe the duties of the judges of said court; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the Authority of same, that from and after the passage and approval of this Act the Act approved Page 2546 March 17, 1959, creating and establishing the DeKalb County Recorder's Court (Ga. L. 1959, p. 3093), be, and the same is hereby amended as follows: Section 1. Section 5 of said Act is hereby amended by adding at the end thereof the following language: Said board of commissioners of roads and revenues shall select a chief judge of said court and such sufficient number of associate judges as may be necessary for the conduct of the business of said court. Judges. Section 2. Section 7 of said Act is hereby amended by adding at the end thereof the following language: Compensation of the associate judge or judges shall be fixed by said board of commissioners of roads and revenues of DeKalb County. The associate judge or judges may be employed on a full or part time basis and may be authorized to practice law while holding such office in the discretion of said board of commissioners. Salaries. Section 3. Section 28 of said Act is hereby amended as follows: by inserting after the ninth (9th) word of the sixteenth (16th) line the following language: Upon the failure of any person arrested for a violation of a county ordinance to give bond as provided by law, he shall be confined to the common jail of the county. The sheriff of DeKalb County and his deputies shall accept bail in such amounts and with such surety as may be approved by the chief of police of DeKalb County or judge of said recorder's court. In the absence of such approval, the sheriff or his deputy may approve sureties. It shall be the duty of said sheriff to receive, confine, feed and care for all persons charged with the violation of any ordinance of DeKalb County. Confinement of prisoners, bail, etc. by changing the word All at the beginning of the sentence on the fourth (4th) line of page 3104 to the word At so that said section, when so amended, shall read as follows: Page 2547 Section 28. Arrests; Bonds and Forfeiture . When an arrest is made for the violation of any county ordinance, resolution, rule or regulation whether under a warrant or not, the arresting officer shall carry the person arrested before said recorder's court where the same shall be disposed of as other cases of arrest not under warrant. Provided, however, that any arresting officer shall have authority to release any person arrested for violation of any ordinance of said county upon such person giving a bond payable to DeKalb County in an amount and surety to be approved by the chief of police of DeKalb County or as directed by the judge of said recorder's court, conditioned for the appearance of such person before the recorder's court at the time and place specified in said bond and from time to time until he or she shall have been tried for the offense for which charged. Upon the failure of any person arrested for a violation of a county ordinance to give bond as provided by law, he shall be confined to the common jail of the county. The sheriff of DeKalb County and his deputies shall accept bail in such amounts and with such surety as may be approved by the chief of police of DeKalb County or judge of said recorder's court. In the absence of such approval, the sheriff or his deputy may approve sureties. It shall be the duty of said sheriff to receive, confine, feed and care for all persons charged with the violation of any ordinance of DeKalb County. Upon the failure of the appearance of any person so released under bond to appear for trial at the time named therein, such bond shall be forfeited and a rule shall be issued by the clerk of said recorder's court requiring such person or the surety upon such bond to show cause before said court, at a time not less than ten days from the date of such rule, why such bond should not be absolutely forfeited. Such rule shall be served by any officer authorized to serve summons and subpoenas of said court upon the surety or sureties on such bond at least five days before the return day thereof, and such service may be made personally or by mailing a written notice by registered or certified mail to such person or persons at their last known address. At the return time if no good and sufficient cause is shown, the judge shall proceed to forfeit said bond absolutely, and execution shall issue for the full amount thereof, and all costs, Page 2548 against the principal and surety thereon or such of them as shall have been served. Such executions shall be delivered by the clerk of the said recorder's court to the chief of police of DeKalb County for collection as in cases of executions for fines. Section 4. Said Act is further amended by adding thereto section to be appropriately numbered and to read as follows: The chief of police of DeKalb County shall appoint one or more members of the DeKalb County Police Department to serve as marshals of the recorder's court. It shall be the duties of said marshals to attend said court, maintain order, to transport prisoners to and from said court when necessary and retain custody of prisoners in attendance at said court and to perform such other duties as may be assigned them by the judges and clerks of said court necessary and incidental to the function of said court. Marshals. Section 5. Said Act shall be further amended by adding thereto section to be appropriately numbered and to read as follows: Wherever the term `judge' appears in this Act, it shall be deemed to mean all judges of said court whether he be the chief judge or an associate judge. All powers, duties and authority vested in the judge of said court are hereby vested in the chief judge and the associate judge or judges of said court. Judge. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Section 7. 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. Page 2549 Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher 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, and further avers that legal notice, a true copy of which is hereto attached, Intention to apply for local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being December 26, 1963 and January 2 and 9, 1964. Britt Fayssoux. Sworn to and subscribed before me, this 30th day of January, 1964. /s/ Carol E. Wheeler, Notary Public, Georgia State at Large. My Commission Expires Mar. 5, 1967. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1964 Session of the General Assembly of Georgia a bill to amend an Act approved March 17, 1959, creating and establishing the DeKalb County Recorder's Court (Ga. L. 1959, p. 3098), so as to provide that the board of commissioners of roads and revenues of DeKalb County shall select a chief judge of said court and such associate judges as may be necessary for the conduct of the business of such court; to prescribe their terms of office and compensation; to provide for the confinement and/or imprisonment of persons charged with or convicted of violations of County ordinances; to provide for the appointment of marshals of said Page 2550 court and prescribe their duties; to prescribe the duties of the judge of said court; to repeal conflicting laws and for other purposes. James A. Mackey Guy W. Rutland, Jr. J. Robin Harris DeKalb County Representatives. Approved March 10, 1964. DEKALB COUNTYPENSION BOARD ACT AMENDED. No. 770 (House Bill No. 1024). An Act to amend the Act creating the Pension Board of DeKalb County and a system of retirement pay for officers, deputies and employees of DeKalb County known as Act No. 943 (House Bill No. 1111), Georgia Laws 1962 page 3088 approved March 6, 1962, so as to delete part time officers, deputies and employees; to delete the words base and overtime in defining total compensation; to define interest as meaning simple interest; to more fully define and specify the amount of contributions of a participant by payroll deductions; to exempt participants in prior pension plans and participants coming under this plan on its effective date from the physical examination requirements; to provide physical examinations for new participants; Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the Authority of same, that an act creating the Pension Board of DeKalb County approved March 6, 1962, be and the same is hereby amended as follows: Section 1. Section 7, page 3092, by deleting the words part time and temporary officers, employees, deputies and elected officers and substituting in lieu thereof the words permanent part time employees, regular employees, deputies Page 2551 and elected officers so that when amended said section 7 shall read as follows: Section 7. Officers, employees and deputies as the terms are used herein, shall include elected county officials, and officers and employees of DeKalb County, employees and deputies of County officers by whatever name or title employed or deputized, and all other persons, including officers and employees of the county who perform any service for the benefit of DeKalb County for which they are paid a salary, including permanent part time employees, regular employees, deputies and elected officials. Employees, etc. Section 2. Section 8-1-B(b), page 3094, by deleting the word base and the word overtime so that when so amended said section 8-1-B(b) shall read as follows: For purposes of determining benefits, annual compensation shall mean the actual compensation paid during the calendar year to a participant, exclusive of reimbursed expenses, bonuses, commissions and other unusual compensation. Compensation defined. Section 3. Section 8-1, page 3094 to add a new paragraph immediately after Average Excess Compensation as follows: Interest defined. Interest, when used in this act, shall mean simple interest. Section 4. Section 8-4-A and 8-4-C: By striking all of paragraphs A and C of section 8-4 and substituting in lieu thereof the following new paragraph: A. The disability retirement date of a participant becoming totally and permanently disabled from any cause after completion of five years of service shall be the first day of the month after the determination by The Pension Board that the participant is so disabled. Provided however that those present officers, employees and deputies who are participants in any previous pension plan of DeKalb County and who become participants in the plan established by this Page 2552 Act and those present officers, employees and deputies who are not participants in any previous pension plan of DeKalb County but who become participants in the plan established by this act upon its effective date shall not be required to serve five years before becoming eligible for disability retirement benefits nor to have had a physical examination at the time of their employment. Provided further that all new officers, employees or deputies of DeKalb County who desire to become participants in this plan after the effective date thereof shall take a physical examination from a physician approved by the Pension Board and shall be certified by such physician as being physically and mentally qualified for the position or job given him. Disability retirements. Section 5. Section 10, page 3100, by deleting all of said section and substituting in lieu thereof the following: Effective with the effective date of this act, except as otherwise provided herein, it shall be the duty of the Director of Finance of DeKalb County to make payroll deductions from the compensation paid to each participant an amount equal to two and one-half per centum (2%) on the first $4800.00 of compensation paid within any calendar year, or the maximum amount taxable in that year under the Federal Insurance Contribution Act or any amendments thereto, and five per centum (5%) of his compensation in excess of the amount taxable under the Federal Insurance Contribution Act. Payroll deductions. Section 6. Be it further enacted by the Authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 7. 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. Page 2553 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1964 Session of the General Assembly of Georgia a bill to amend an Act approved March 6, 1962, creating the Pension Board of DeKalb County (Ga. L. 1962, p. 3088) so as to delete from the provisions of said Act temporary and part time officers, deputies and employees and to add permanent part time officers, deputies and employees; to more fully define total compensation and interest; to determine the participants contribution to the pension fund by pay roll deductions; to exempt participants in prior pension plans and those participating in the present plan of the time of its effective date from the service requirements and physical examination in qualifying for a disability benefit; to provide for new participants in the pension plan to have a physical examination upon becoming a participant in the pension plan; to repeal conflicting laws and for other purposes. /s/ James A. Mackay, /s/ Guy W. Rutland, Jr., /s/ J. Robin Harris, DeKalb County Representatives. Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc., is the publisher 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, and further avers that legal notice, a true copy of which is hereto attached, Intention to apply for local legislation, was duly published once a week for 3 weeks as required by law, the dates of publication being December 26, 1963 and January 2 and 9, 1964. /s/ Britt Fayssoux. Page 2554 Sworn to and subscribed before me, this 30 day of January, 1964. /s/ Carol E. Wheeler, Notary Public, Georgia, State at Large. My Commission Expires Mar. 5, 1967. (Seal). Approved March 10, 1964. CITY OF EAST POINTPETITIONS FOR REFERENDUMS. No. 771 (House Bill No. 1031). 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 especially an Act approved March 5, 1957 (Ga. L. 1957, Vol. II, pp. 2429, et. seq.); and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That within one-hundred and eighty (180) days from the date a printed or written petition signed in the presence of the city clerk or his deputy in person by one-fourth () of the qualified and registered voters of the City of East Point, is filed with the governing authority of said city, demanding that a proposed ordinance contained in such petition be submitted, in a referendum, to the qualified voters of said city for their approval or disapproval, which proposed ordinance provides for a change of government, governmental policy, method or manner of administration of the city's affairs or some part thereof, or for a change of amount or kind of equipment, property, or materials, or requires the city to adopt, establish, enter upon, or engage in some new activity, undertaking, or venture, which are within the legitimate powers of the governing Page 2555 authority of said city, but which it fails or refuses to adopt or approve, it shall be the duty of said governing authority to order, within ninety (90) days after the filing of such signed petition, an election to be held in said city within one-hundred and eighty (180) days, and such proposed ordinance to be submitted to the qualified voters of said city for their approval or disapproval, but only if such ordinance is comprehensive of the subject matter to which it relates, and is complete in all of its details, which shall include certain and definite provisions for its effective and efficient economic administration and execution, with specification of the number, amount, class, and cost of necessary personnel, property, equipment, office space, rental and material involved, and for a levy of a specific rate of tax upon all taxable properties within the city which may be reasonably necessary to finance economic but efficient administration and execution of such ordinance, stating the specific amount and rate of tax millage to be levied for such purpose, and providing for the time, place and manner of its administration and execution, including the agency, department, officers, or employees to be charged therewith, and the date when such proposed ordinance shall become operative, and all of the foregoing requirements which shall be contained in such proposed ordinance, which shall be set forth in such petition to the governing authority of said city. Section 2. After such petition shall have been filed, and the signatures thereon checked and verified by the city election official, and such election shall have been called and held, and the results thereof consolidated, returned, and declared in the same manner and form as in elections for members of the governing authority for said city, as nearly as may be, it shall be the duty of such governing authority, if the results of such election be in favor of adoption of such ordinance, to consider and adopt such ordinance as proposed, or it may amend such ordinance and adopt it as amended, but such governing authority shall not be required to again submit such measure or a similar measure in a referendum for the space of two (2) years. Page 2556 Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Section 4. Notice of intention to apply for the passage of this local legislation has been published in the newspaper in which the sheriff's advertisements for the locality affected are published once a week for each of the three (3) calendar weeks next preceding the introduction of this bill in the General Assembly, and once a week for three (3) weeks during the period of sixty (60) days immediately preceding its introduction into this General Assembly, and a copy of such notice, certified as such by the publisher or accompanied by an affidavit of the author of this bill, to the effect that said notice has been published as required by the Constitution and laws of this State is attached hereto and made a part of this bill. 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 12th, 19th and 26th days of December, 1963, and on the 2nd 9th days of January, 1964, as provided by law. /s/ Frank Kempton Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the next regular session of the General Assembly of Georgia which convenes in January 1964, and the title to such bill or bills containing such legislation shall be as follows: An Act to amend an Act establishing a new Charter for the City of East Point in the county of Fulton, approved Page 2557 August 19, 1912 (Ga. L. 1912, pp 862, et. seq.), and the several Acts amendatory thereof, and especially an Act approved March 5, 1957 (Ga. L. 1957, Vol. II, pp. 2429, et. seq.); and for other purposes. This December 5th, 1963. City of East Point By Ezra E. Phillips City Attorney East Point City Hall East Point, Georgia Subscribed and sworn to before me, this 9th day of January, 1964. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1967. (Seal). Approved March 10, 1964. CITY OF EAST POINTPERSONNEL BOARD OF APPEALS. No. 772 (House Bill No. 1033). 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 especially an Act approved March 5, 1957 (Ga. L. 1957, Vol. II, pp. 2429), et. seq.); and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that: Section 1. Notice of intention to apply for the passage of this local legislation has been published in the newspaper Page 2558 in which the sheriff's advertisements for the locality affected are published, once a week for each of the three (3) calendar weeks next preceding the introduction of this bill in the General Assembly, and once a week for three (3) weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly, and a copy of such notice, certified by the publisher or accompanied by an affidavit of the author of this bill, to the effect that said notice has been published as provided by law, is attached hereto and made a part of this bill. Section 2. Section 2 of an Act approved March 28, 1961 (Ga. L. 1961, Vol. II, pp. 2625, et. seq.), amending the charter of the City of East Point by repealing Section 42 of an Act approved March 5, 1957 (Ga. L. 1957, Vol. II, pp. 2429, et. seq.), as amended, and enacting a new section 42 in lieu thereof, be and the same is hereby amended by adding at the end of said 1961 amendment of said section 42 the following: The city council of East Point shall, by ordinance, establish a personnel board of appeals, which shall have limited jurisdiction to hear and decide appealable cases of regular full time officers and employees, (not including members of appointed agencies, boards, or commissions who serve only on a part time basis) on formal appeal, who shall have been demoted, suspended, discharged or otherwise disciplined after enactment of this charter amendment. Said personnel board of appeals shall have such authority, duties, jurisdiction and powers as shall be prescribed by city ordinance, and shall, in all cases, from the evidence submitted to it, make findings of fact, and render decisions thereon, but no decision in any case shall have the effect of discharging an officer or employee, and findings of fact shall not be subject to review if supported by substantial evidence. Said personnel board of appeals shall consist of five (5) members, at least one of whom shall be actively engaged in the general practice of law in this State at the time of his appointment, and shall have been so engaged in this State at least five (5) years next preceding such appointment. Page 2559 One member shall be an independent self-employed taxpayer of said city at the time of his appointment, and shall have been continuously for five (5) years prior thereto. Two (2) members shall not be self-employed when appointed, and the fifth member of said board shall be chosen from among former members of the governing authority of said city, if there be any available who will serve, and his or her membership on said board shall render him or her ineligible for membership on the governing authority of said city during the term for which he or she shall have qualified as a member of said personnel board of appeals. If no former member of the governing authority of said city is available, or if none will serve who are available, then and in such event the city council of East Point shall select and appoint a suitable person to be the fifth member of such personnel board of appeals. No one shall be eligible for membership on said personnel board of appeals who is not a bona fide resident of said city, and his or her removal of their domicile from said city will remove them from the office of a member on said Board. Members of said personnel board of appeals shall be appointed by the governing authority of said city, and the term of each shall be five (5) years, except that the term of the members first serving on said board shall terminate as follows: The term of the lawyer member first appointed shall end on January 31, 1965; and the term of one of the two employee members first appointed designated by the appointing authority shall expire January 31, 1966, and the term of the independent self-employed taxpayer member first appointed shall expire January 31, 1966, and the term of the other employee member first appointed shall expire January 31, 1968, and the term of the fifth member first appointed shall expire January 31, 1969; and subsequent terms of all members of such board shall be five (5) years, staggered as indicated above, and shall continue in each case until a successor is appointed and qualified. The compensation of members of said board shall be fixed by ordinance by the governing authority of said city at a certain sum for each member for each case disposed of by said board in which such member shall have participated Page 2560 by hearing the evidence, and arguments submitted, and by considering the same, and participating in making the findings of fact, and/or deciding the appeal. The lawyer member of said board shall preside as chairman in all hearings before said board, and shall rule on all legal questions and or objections or motions, and shall prepare the findings of fact and decisions of said board, and shall receive such extra compensation as the city council determines is reasonable by ordinance for the preparation of findings of facts and decisions of said board, and for filing the same with the personnel director of said city, and for the preparation and filing of certiorari answers in cases carried by certiorari to the superior court. Findings of fact shall be conclusive when supported by substantial evidence, but no finding of fact shall be of any force or effect unless nor until the same is approved in person by a majority of the members of said personnel board of appeals and evidenced by their signatures thereto. Appeals to said board shall be filed in writing in quintuplicate with the personnel director, setting forth the grounds thereof, and shall be sworn to by the appellant within at least five (5) days from the date of the decision complained of and no later. When an appeal is so filed the personnel director shall cause a copy thereof to be delivered at once to the chairman of said board, appellee, city attorney, and mayor of said city. The city council of East Point shall provide for a clerk or secretary to take and keep minutes of all the acts and doings of said board, and the personnel director of said city shall act as such clerk and shall keep, or cause a complete and accurate record of all of its acts and doings, to be properly recorded and safety kept in his office until a clerk or secretary is provided for by said city council. Said personnel board of appeals shall meet at 7:30 p.m. on Tuesday after the second Monday in March, June, September, and December of each year, and at such other times as it shall find necessary and proper to expedite its Page 2561 work when it shall meet on call of its chairman on three (3) days written notice. Unless rulings on legal points by the lawyer member of said board are unanimously overruled by the members present such rulings shall control all persons at interest until vacated, reversed or set aside, but such rulings and decisions of said board, except findings of fact supported by substantial evidence, shall be subject to ultimate review by the superior court on writ of certiorari; but findings of fact by said board, if supported by substantial evidence, shall be conclusive of the facts on all parties at interest. No decision of said board shall be subject to appeal to the personnel board of said city, or to the city council of East Point, and neither the city council nor said personnel board shall hear or decide an appeal requiring judicial or quasi-judicial action which is hereby vested in said personnel board of appeals. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 12th, 19th and 26th days of December, 1963, and on the 2nd 9th days of January, 1964, as provided by law. /s/ Frank Kempton Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the next Page 2562 regular session of the General Assembly of Georgia which convenes in January 1964, and the title to such bill or bills containing such legislation shall be as follows: 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 especially an Act approved March 5, 1957 (Ga. L. 1957, Vol. II, pp. 2429, et. seq.); and for other purposes. This December 5th, 1963. City of East Point By Ezra E. Phillips City Attorney East Point City Hall East Point, Georgia Subscribed and sworn to before me, this 9th day of January, 1964. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission expires Oct. 18, 1967. (Seal). Approved March 10, 1964. ACT CREATING JOINT CITY COUNTY BOARDS OF TAX ASSESSORS IN CERTAIN COUNTIES AMENDED. No. 773 (House Bill No. 1036). An Act to amend an Act entitled An Act to create a Joint City-County Board of Tax Assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, and to define its powers and duties:..... approved February 15, 1952 (Ga. L. Page 2563 1952, p. 2825), so as to change the number of the members of said Joint Board and to provide a new method of appointments for same: to repeal conflicting laws: and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act entitled An Act to create a Joint City-County Board of Tax Assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, and to define its powers and duties;..... approved February 15, 1952 (Ga. L. 1952, p. 2825) is hereby amended as follows: Where applicable. Section 1. The number of the members of any such existing board shall be reduced to three in number through the following procedure: (A) The office of the county member whose term expires December 31, 1965, shall not be filled by the county, and any vacancy in said position shall thereupon terminate the office. Members. (B) The office of the city member whose term expires June 30, 1966 shall not be filled by the city, and any vacancy in the position shall thereupon terminate the office. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 10, 1964. Page 2564 PENSION ACT FOR EMPLOYEES OF MUNICIPALITIES HAVING A POPULATION OF MORE THAN 150,000 PERSONS AMENDED. No. 774 (House Bill No. 1037). An Act to amend the Act approved August 20, 1927, (Ga. L. 1927, pp. 265 et seq.) as amended, providing that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent census, shall furnish pensions to officer and employees of such cities, so as to provide additional pension benefits, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the amendment to the act described in the caption hereof, approved March 3, 1962, (Ga. L. 1962, pp. 2965 et seq.) be and the same is hereby amended by striking subsection (c) thereof in its entirety, and substituting in lieu thereof the following subsection (c) Prior service shall mean service rendered as a teacher in a public school system or in a public or private college or university, prior to employment by such city. Prior service. Section 2. Any teacher coming within the ambit of this amendment, and entitled to credit hereunder, shall make application for such credit within ninety (90) days after the approval of this act. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 10, 1964. Page 2565 CITY OF ATLANTACIVIL SERVICE SYSTEM. No. 775 (House Bill No. 1038). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the Act set forth in the caption to this Act be and the same is hereby further amended, as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the Sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 2. The Amendatory act approved March 20, 1939, (Ga. L. 1939, p. 841 et seq.) as amended, particularly 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.), so as to provide a Civil Service System is hereby amended by striking section 7 (codified as section 17.39 of the City Code of Atlanta of 1953, as amended) as follows: Section 7. Methods of filling vacancies . Vacancies in the classified service shall be filled either by regular appointment, temporary appointment, re-employment, promotion, transfer or demotion. The director may advise with the appointing authorities as to which of these methods Page 2566 should be employed in each instance, but the decision shall rest with the appointing authority; provided, that temporary appointment may be made only in accordance with the provisions of this article. The appointing authority shall fill vacancies in the classified service by promotion as far as deemed practical. in its entirety and substituting in lieu thereof a new section 7 to read as follows: Section 7. Methods of Filling Vacancies . Vacancies in the classified service shall be filled by the appointment of a person in the department in which the vacancy exists, if in such department, there is an employee qualified to fill the vacancy; however, if there is no qualified employee available in the department, then a competitive examination shall be held among city employees who may desire to seek promotion to such vacancy, and the appointment shall be made from such qualified employees, if the vacancy cannot be filled in this manner then it shall be filled by regular appointment from the registry established for the class by open competitive examination, by temporary appointment, re-employment, promotion, transfer or demotion in accordance with the provisions of this Act. Section 3. By striking from section 8 (codified as section 17.40 of the 1953 City Code of Atlanta), the following: All regular appointments to the classified service covered by this article shall be for a probationary period of six months, but the director and the appointing authority may extend such probationary period to one year. If during this probationary period the conduct or capacity of the probationer has not been satisfactory to the appointing authority, the probationer and the director shall be notified in writing that he will not receive permanent appointment; otherwise, retention in the service longer than for the probationary period of any employee shall constitute permanent appointment. and substitute in lieu thereof the following: All regular appointments to the classified service covered Page 2567 by this Act shall be for a probationary period of six months, but the appointing authority may, for cause, extend such probationary period for an additional three months. If during either probationary period the conduct or capacity of the probationer has not been satisfactory to the appointing authority, the probationer and the director shall be notified in writing by such appointing authority that he will not receive permanent appointment; otherwise, retention in the service longer than either probationary period of any employee shall constitute permanent appointment. If the appointing authority extends the initial sixmonth probationary period for the additional three-month probationary period as above provided, such probationer may appeal such decision and action to the Civil Service Board as herein otherwise provided. Probationary appointments. so that section 8, as amended, shall read as follows: Section 8. Certification and Appointments generally, probationary period . Whenever a vacancy is to be filled by regular appointment, the appointing authority shall submit to the director a statement of the duties of the position and a request that the director certify to him the names of persons eligible for appointment to the position. The director shall immediately certify to the appointing authority the names of the three persons standing highest on the register of such a class in which the position is established and if more than one vacancy is to be filled, the name of one additional person eligible for such additional vacancy, or all the names on the register if there be less than three. If it should prove impossible to locate any of the persons so certified or should it become known to the director that any person is not willing to accept the position, the appointing authority may request that additional names be certified until three persons eligible and available for appointment have been certified, if there be as many as three on the register. The appointing authority shall then appoint one of the persons so certified to the position, except that, in the event that he has less than three persons from which to make his selection, he may choose from the remaining certified names or may elect to make a temporary Page 2568 appointment of some other person. In the event that there does not exist any eligible register which the director deems to be appropriate for the class in which the position is established, he shall proceed to prepare such an eligible register as soon as possible after the receipt of the request of the appointing authority that eligibles be certified. Whenever any eligible has been certified to, and rejected by, appointing authority three times, the director after investigation may with the approval of the board remove the name of such person from the eligible register. All regular appointments to the classified service covered by this Act shall be for a probationary period of six months, but the appointing authority may, for cause, extend such probationary period for an additional three months. If during either probationary period the conduct or capacity of the probationer has not been satisfactory to the appointing authority, the probationer and director shall be notified in writing by such appointing authority that he will not receive permanent appointment; otherwise, retention in the service longer than either probationary period of any employee shall constitute permanent appointment. If the appointing authority extends the initial six-month probationary period for the additional three-month probationary period as above provided, such probationer may appeal such decision and action to the Civil Service Board as herein otherwise provided. Section 4. Section 12 of the aforesaid act as amended (codified as section 17.52 of the 1953 City Code of Atlanta) is hereby amended by striking same in its entirety and substituting in lieu thereof a new section 12 which shall read as follows: Section 12. Promotions . Promotion of employees covered by this article shall be made only according to merit and fitness and must be ascertained by competitive examinations, regardless of the number of applicants seeking promotion. Such examinations shall be conducted by the personnel department. Section 5. Section 15 of the aforesaid act as amended (codified as section 17.55 of the 1953 City Code of Atlanta Page 2569 as amended) is hereby amended by adding thereto the following: and a hearing has been held by the Personnel Board on the proposed demotion, if the employee to be demoted requests such hearing. Any person so demoted shall be credited for pay purpose in the position to which demoted with all time served in the position from which he was demoted. so that section 15 as amended, shall read as follows: Section 15. Demotion . An appointing authority may, in accordance with the rules and regulations established by the board demote, for cause, a classified employee under his jurisdiction from a position in one class to a position in a lower class, but only after the employee involved and the director have been notified in writing of such contemplated action and a hearing has been held by the personnel board on the proposed demotion, if the employee to be demoted requests such hearing. Any person so demoted shall be credited for pay purposes in the position to which demoted with all time served in the position from which he was demoted. Section 6. Section 16 of the aforesaid act as amended (codified as section 17.56 of the 1953 City Code of Atlanta as amended) which reads as follows: Sec. 16. Suspension . An appointing authority may, upon giving written notice to an employee and the director and with the approval of the director, suspend for just cause a classified employee for disciplinary purposes without pay for a period not exceeding thirty days in any twelve months' period. is hereby amended by striking said section 16 in its entirety and inserting in lieu thereof a new section 16 to read as follows: Section 16. Suspension . An appointing authority, upon giving written notice to an employee and the director, for just cause and for disciplinary purposes, may suspend a Page 2570 classified employee without pay for a period not exceeding thirty days in any twelve months' period. The suspended employee shall have an opportunity within five days to answer in writing the charges and to request a hearing before the personnel board. The board shall grant the hearing requested within ten days after receipt of the request, unless a later date shall be agreed upon by the employee and the appointing authority. The board, after the hearing, may approve the suspension, disapprove it, lessen the duration, and may require that the employee be paid for all time lost under any part of the suspension not approved by the personnel board. Section 7. Section 20 of the aforesaid act as amended (codified as section 17.62 of the 1953 City Code of Atlanta as amended) reading as follows: Sec. 20. Political and religious activity; recommendations . In applying the provisions of this article or in doing any of the things hereby provided, no person whomsoever shall give any consideration to political or religious affiliations. No person holding a position in the classified service shall directly or indirectly solicit or receive in any manner or be concerned with soliciting or receiving any assistance or subscriptions or contributions for any political purpose, or participate in any form of political activity whatsoever, other than to express privately his views as a citizen and to cast his vote in any election. No recommendation for any person who applies for office or position in the classified service, or for examination under the provisions of this article, except as to character, and in case of former employers as to ability, shall be considered by the Board or the director or the Appointing Authority, in giving any examination, appointment, promotion or reinstatement under this article. is hereby amended by striking said section 20 in its entirety and inserting in lieu thereof a new section 20 which shall read as follows: Section 20. Political and Religious Activity . In applying the provisions of this Act or in doing any of the things Page 2571 hereby provided, no person whosoever shall give any consideration to political or religious affiliations. No person holding a position in the classified service shall directly or indirectly solicit, assess or compel subscriptions or contributions neither for any partisan political purpose nor for any candidate for public office, nor as an inducement to obtain or retain a position in the classified service. Nor shall he be an officer in any political organization or take part in politics other than to vote as he pleases and to express his political opinions. No recommendations for any person who applies for office or position in the classified service, or for examination under the provisions of this Act, except as to character, and in case of former employers as to ability, shall be considered by the board, or the director or the appointing authority, in giving any examination, appointment, promotion, or reinstatement under this Act. Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Ralph McClelland, author of the attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspaper in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1964 session of the General Assembly of Georgia, which convenes on Monday, January 13, 1964, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: Page 2572 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. Henry L. Bowden, City Attorney City of Atlanta Dec. 23, 30, 1963, Jan. 6, 13, 20, 27, Feb. 3, 10, 1964 This 5th day of January, 1964. /s/ Ralph McClelland Sworn to and subscribed before me, this the 6 day of February, 1964. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 6, 1964. (Seal). Approved March 10, 1964. CITY COURT OF BRUNSWICKCOMPENSATION OF SHERIFF AND DEPUTIES. No. 778 (House Bill No. 1048). 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 April 2, 1963 (Ga. L. 1963, p. 2694), so as to increase the salaries of the sheriff, chief deputy sheriff and office deputy sheriff; to provide for certain car allowances; to provide for an additional deputy sheriff, his salary and car allowance; to provide for a minimum salary schedule; to provide for Page 2573 longevity pay; to provide the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Brunswick, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, particularly by an Act approved April 2, 1963 (Ga. L. 1963, p. 2694), is hereby amended by striking Section 11 in its entirety and substituting 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 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 $5,400.00 per annum. His cheif deputy shall be paid a salary of $3,300.00 per annum. The senior deputy sheriff shall be paid a salary of $2,700.00 per annum. There shall be three additional deputy sheriffs, hereby designated as junior deputy sheriffs, two of whom shall be paid a salary of $2,100.00 per annum, and one, having the shortest period of service, shall be paid a salary of $1,800.00. 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 $2,175.00 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 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 Page 2574 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. The salaries provided in this Section shall not apply to any person whose service in the office of the said clerk or sheriff's department shall begin on or after July 1, 1964, but the salary schedule set forth in Section 11A hereof shall apply to such persons. The car allowances set forth in Section 11A hereof shall apply to the sheriff and deputy sheriffs without regard to the date of commencement of such officer's service in the sheriff's department. Section 2. Said Act is further amended by inserting between sections 11 and 12 a new section to be numbered Section 11A and to read as follows: Section 11A. There is hereby prescribed a minimum salary schedule and car allowance for the officers of the City Court of Brunswick as set out hereinafter: Salary Car Allowance Sheriff $ 5,400.00 $ 600.00 Chief Deputy Sheriff 2,750.00 600.00 Senior Deputy Sheriff 2,400.00 600.00 Junior Deputy Sheriff 1,800.00 600.00 Office Deputy Sheriff 1,800.00 Clerk 6,600.00 Chief Deputy Clerk 4,200.00 Deputy Clerks 3,600.00 For each two years of service served by each of the above named personnel, the annual salary of each officer shall be increased in accordance with the schedule provided for hereinafter: For the clerk, his chief deputy, and all deputy clerks, an annual salary increase of $300.00 each; for the sheriff, his chief deputy, senior deputy, office deputy, and junior deputies, an annual salary increase of $150.00 each. The longevity pay provided for herein shall be computed for years of service commencing January 1, 1965, and shall be computed on a calendar year basis with January 1 of each year as the date of beginning of the calendar year. Page 2575 No person who is serving as one of the above named officers on the effective date of this Act shall be subject to the minimum salary schedule provided for herein, but shall receive the salary specified for his position in section 11 hereof; however, he shall receive all longevity pay as his longevity shall accrue from January 1, 1965. No officer shall have his salary reduced when moving from a lower position to a higher position. No deputy sheriff's salary, including longevity pay, at any time shall exceed 75% of the sheriff's salary, including longevity pay. No deputy clerk's salary, including longevity pay, at any time shall exceed 75% of the clerk's salary, including longevity pay. At no time shall the sheriff's salary, including longevity pay, exceed $6,000.00. At no time shall the clerk's salary, including longevity pay, exceed $7,800.00. Section 3. This Act shall become effective July 1, 1964. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Legislation. Notice is hereby given that there will be introduced, at the January-February 1964 Session of the General Assembly of Georgia, a bill to provide for an additional deputy sheriff for the City Court of Brunswick, and to provide for the amount and the method of compensation for the sheriff, deputy sheriffs, clerk and deputy clerks of the City Court of Brunswick, to provide for the payment of expenses of the operation of the automobiles in use by the sheriff and deputy sheriffs of the City Court of Brunswick, and for other purposes. This January 3, 1964. /s/ John M. Gayner III Senator, Fifth District /s/ William R. Killian Representative, Glynn County Page 2576 /s/ 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, deposes and says that they are Representatives from Glynn County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News, which is the official organ of said County, on the following dates: January 4, 7 and 14, 1964. /s/ William R. Killian Representative, Glynn County /s/ Joe Isenberg Representative, Glynn County Sworn to and subscribed before me, this 6 day of February, 1964. /s/ Janette Hirsch Notary Public. (Seal). Approved March 10, 1964. Page 2577 GLYNN COUNTYCOMPENSATION OF SHERIFF, ETC. No. 779 (House Bill No. 1049). An Act to amend an Act placing the sheriff of Glynn County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2740), so as to increase the compensation of the sheriff, the chief deputy sheriff and office deputy sheriff; to provide for an additional deputy sheriff; to increase the jailor's salary and to provide for an additional jailor; to provide for a minimum salary schedule and car allowance; to provide for longevity pay; to provide the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Glynn County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2740), is hereby amended by striking from section 1 the symbol and figures $5,100.00 and substituting in lieu thereof the symbol and figures $5,400.00. 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. The sheriff is hereby authorized to appoint a chief deputy, who shall be compensated in the amount of $3,300.00 per annum, to be paid in equal monthly installments from the funds of Glynn County. He is authorized to appoint a senior deputy, who shall be compensated in the amount of $2,700.00 per annum, to be paid in equal monthly installments from the funds of Glynn County. He is authorized to appoint three additional deputies, two of whom shall be compensated in the amount of $2,100.00 per annum, and one, having the shortest period of service, who Page 2578 shall be compensated in the amount of $1,800.00 per annum, to be paid in equal monthly installments from the funds of Glynn County. He is authorized to appoint an office deputy, who shall also serve as clerk of the sheriff's office, who shall be compensated in the amount of $2,175.00 per annum, to be paid in equal monthly installments from the funds of Glynn County. The salaries herein mentioned for deputy sheriffs, including the chief deputy, senior deputy, and office deputy, shall be in addition to the salaries paid to the deputy sheriffs of the City Court of Brunswick, even though the same persons serve as deputy sheriffs both of the City Court of Brunswick and of Glynn County. He is authorized to appoint three jailors, two of whom shall be compensated in the amount of $3,600.00 per annum, and one, having the shortest period of service, who shall be compensated in the amount of $3,300.00 per annum, to be paid in equal monthly installments from the funds of Glynn County. He is authorized to employ a cook for the jail, who shall be compensated in the amount of $1,500.00 per annum, to be paid in equal monthly installments from the funds of Glynn County. The salaries provided in this Section shall not apply to any person whose service hereunder shall begin on or after July 1, 1964, but the salary schedule set forth in section 2A hereof shall apply to such persons. The car allowance set forth in section 2A hereof shall apply to the sheriff and deputy sheriffs without regard to the date of commencement of such officer's service in the sheriff's department. Deputies, etc. Section 3. Said Act is further amended by adding between sections 2 and 3 a new section to be numbered section 2A and to read as follows: Section 2A. There is hereby prescribed a minimum salary schedule and car allowance for the officers in the department of the sheriff of Glynn County as set out hereinafter: Page 2579 Salary Car Allowance Sheriff $ 5,400.00 $ 1,500.00 Chief Deputy Sheriff 2,750.00 1,500.00 Senior Deputy Sheriff 2,400.00 1,500.00 Junior Deputy Sheriff 1,800.00 1,500.00 Office Deputy Sheriff 1,800.00 Jailors 3,300.00 Cook 1,500.00 For each two years of service served by each of the above named personnel, the annual salary of each officer shall be increased $150.00 each. The longevity pay provided for herein shall be computed for years of service commencing January 1, 1965, and shall be computed on a calendar year basis with January 1 of each year as the date of beginning of the calendar year. No person who is serving as one of the above named officers on the effective date of this Act shall be subject to the minimum salary schedule provided for herein, but shall receive the salary specified for such specific officer in section 1 or section 2 hereof; however, he shall receive all longevity pay as his longevity shall accrue from January 1, 1965. No officer shall have his salary reduced when moving from a lower position to a higher position. No salary, including longevity pay, shall exceed 75% of the sheriff's salary, including longevity pay. Section 4. This Act shall become effective July 1, 1964. Section 5. All laws or parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Legislation. Notice is hereby given that there will be introduced, at the January-February 1964 Session of the General Assembly of Georgia, a bill to provide for an additional deputy sheriff and an additional jailer for Glynn County, Georgia, and to provide for the amount and method of compensation for the sheriff, deputy sheriffs and jailers of said county; and for other purposes. Page 2580 This January 3, 1964. /s/ John M. Gayner III Senator, Fifth District /s/ William R. Killian Representative, Glynn County /s/ 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, deposes and says that they are Representatives from Glynn County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Brunswick News, which is the official organ of said County, on the following dates: January 4, 7, and 14, 1964. /s/ William R. Killian Representative, Glynn County /s/ Joe Isenberg Representative, Glynn County Sworn to and subscribed before me, this 6 day of Feb. 1964. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission expires Oct. 6, 1964. (Seal). Approved March 10, 1964. Page 2581 CITY COURT OF SWAINSBORORULES OF PRACTICE AND PROCEDURE, TERMS, ETC. No. 787 (House Bill No. 1069). An Act to amend an Act establishing the City Court of Swainsboro in and for the County of Emanuel, approved August 21, 1916 (Ga. L. 1916, p. 297), as amended, particularly by an Act approved August 28, 1931 (Ga. L. 1931, p. 372, so as to provide for rules of procedure, pleading and practice; to provide for quarterly terms only; to provide for the affidavit of the prosecutor; to remove certain provisions relating to appearance terms and trial terms; 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 Swainsboro in and for the County of Emanuel, approved August 21, 1916 (Ga. L. 1916, p. 297), as amended, particularly by an Act approved August 28, 1931 (Ga. L. 1931, p. 372), is hereby amended by striking section 13 in its entirety and inserting in lieu thereof a new section 13 to read as follows: Section 13. All provisions of the Act creating the City Court of Swainsboro (Ga. L. 1916, p. 297, et seq.), and all Acts amendatory thereof, pertaining to matters of service, pleading and practice in cases in the City Court of Swainsboro, insofar as the same are inconsistent with the provisions of the Rules of Procedure, Pleading and Practice in Civil Actions adopted by the Supreme Court on January 12, 1946, and which have been, and which may hereafter be, so adopted, and thereafter ratified and confirmed, are hereby repealed. Rules. Section 2. Said Act is further amended by striking section 14 in its entirety and inserting in lieu thereof a new section 14 to read as follows: Section 14. The provisions of the Rules of Procedure, Pleading, and Practice in Civil Actions adopted by the Supreme Page 2582 Court on January 12, 1946, and thereafter ratified and confirmed and all modifications or amendments thereof or thereto now in effect or hereafter adopted shall apply, as to all matters pertaining to service, pleading and practice, to all cases in the City Court of Swainsboro, except those proceedings specifically excepted in section 81-1506 of the Code of Georgia as amended (Ga. L. 1946, p. 761, 779, Section 24). Same. Section 3. Said Act is further amended by striking section 17 in its entirety and inserting in lieu thereof a new section 17 to read as follows: Section 17. Be it further enacted, that the terms of said court shall be quarterly. The quarterly terms to be held on the second Monday in March, June, September, and December. The term of said court shall last till the business is disposed of; or the judge may in his discretion hold adjourned term, and may set cases for trial at convenient times, and the same may then be tried as of term, whether court has been held from day to day until said time or not. Terms. Section 4. Said Act is further amended by striking from section 33 the words founded on the affidavit of the prosecutor, and inserting in lieu thereof the words founded on the affidavit of the prosecutor which shall be sworn to before the judge or the solicitor or any officer authorized to administer oaths, so that when so amended section 33 shall read as follows: Section 33. Be it further enacted, That the defendant in criminal cases in said city court shall be tried on written accusation, setting forth plainly the offense charged, founded on the affidavit of the prosecutor which shall be sworn to before the judge or the solicitor or any officer authorized to administer oaths, and signed by the solicitor of said city court or solicitor pro tem. in case the solicitor pro tem. is acting for the regular solicitor, and shall have endorsed thereon the name of the prosecutor. All other proceedings after accusation shall conform to the rules governing like cases in the superior courts, except there Page 2583 shall be no jury trials unless demanded by the accused, unless otherwise provided in this Act. In all cases tried the accusation shall set forth the offense charged with the same particularity, both as to matter of form and substance, as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the superior court. Accusations. Section 5. Said Act is further amended by striking section 39, which reads as follows: Section 39. Be it further enacted, That the first quarterly term of said city court to which a civil case is brought shall be the appearance or return term, at which term judgment shall be rendered in such cases as are provided for in section 14 of this Act, the second term shall be the trial term for all cases in which issues are joined and the judgment term for all cases in which judgment can not be rendered at the first term under the provisions of section 14 of this Act, and all the laws, rules and practices in said court with reference to terms thereof and to the continuance, pleadings and trial of causes therein shall be the same as in the superior court, except as otherwise provided in this Act., in its entirety. Repealed. Section 6. Said Act is further amended by striking section 40, which reads as follows: Section 40. Be it further enacted, That the first monthly term of said court to which a civil case is brought shall be the trial or judgment term, unless a plea or pleas, or answer, good in law, be filed thereto, in which event the case shall be continued and stand for trial at the next regular monthly term; provided, however, that if at the first term both parties are ready for trial the same shall be the trial or judgment term., in its entirety. Repealed. 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 the undersigned will introduce at the 1964 session of the General Assembly of Georgia Page 2584 a local bill amending the act creating the City Court of Swainsboro as approved August 21, 1961, and Acts amendatory thereof, which will affect the monthly term of said court, practice and procedure in said court and other matters. This 30th day of December, 1963. George L. Smith II Milton A. Carlton Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Geo. L. Smith II, who, on oath, deposes and says that he is Representative from Emanuel County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Swainsboro Forest Blade, which is the official organ of said county, on the following dates: Jan. 1, 8 and 15, 1964. /s/ Geo. L. Smith II, Representative, Emanuel County. Sworn to and subscribed before me, this 7th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. Page 2585 LAW LIBRARIES ESTABLISHED IN CERTAIN COUNTIES. No. 789 (House Bill No. 1073). An Act to authorize any counties in this State having a population of not less than 42,000 nor more than 43,000 according to the official United States decennial census for 1960, or any future census, to establish and maintain a law library for the use of the judges, solicitors, ordinary, other officers of the courts of said counties, and members of the General Assembly; 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 judges if more than one, of the superior court of a circuit in which is located any county in this State having a population of not less than 42,000 and not more than 43,000 according to the official United States decennial census for 1960, or any future census, shall establish and maintain a law library for the use of the judges, solicitors, ordinary, other officers of the courts of said counties, and members of the General Assembly. Where applicable etc. Section 2. For the purpose of providing funds for the establishment and maintenance of such libraries the sum of one dollar ($1.00) in addition to all other legal costs, shall be charged and collected in each suit, action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasicriminal nature, filed in the superior, county, city and/or any other court of record except recorders of police courts, in and for said counties and the clerks of each and every such court in counties in which such a law library shall be established shall collect such fees and remit same to the Page 2586 treasurer or other person or fiscal agent having custody of county funds, provided, that the judge or judges of said court, shall by order entered upon the minutes of the court, provide for the establishment and maintenance of such a law library and shall cause to be furnished to the clerks of such courts with a certified copy of such minutes. Where the costs in criminal cases are not collected, the costs here provided for shall be paid from the fines or forfeitures fund of such court in which the case is filed before any other disbursement or distribution of such fines or forfeitures shall be made. Funds. Section 3. 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. Same. Section 4. Funds so held by the treasurer or other county officials shall be disbursed upon the order of the judge or judges of the superior court. Same. Section 5. There shall be advanced from the treasury of any county affected by this Act as part of the cost of the operation of the courts of such county, a sufficient sum not to exceed $10,000.00 for the initial cost of establishing, furnishing and equipping such library; and acquiring the necessary law books. The county shall be reimbursed for such funds out of any surplus that may accumulate from the funds provided for in this Act. Initial cost. Section 6. In each county in which such a law library is established in accordance with this Act, the judge or judges, if more than one, of the superior court, shall appoint a committee which shall be composed of officers of the court and members of the General Assembly in such counties to advise and make recommendations to the court upon the establishment, administration, and operation of the library, the selection and purchase of books and the appointment of personnel, the salaries to be paid and all other matters pertaining to the successful functioning of such library. Committee. Page 2587 Section 7. The judge or judges of the superior court shall appoint one librarian for the operation of said library and fix the salary of such librarian and such salary shall be paid from said fund upon the order of said judges. However, said salary shall not exceed $300.00 per month. Such librarian may come under the terms of any retirement or pension system in any county in which any library is established as provided herein upon his election to do so within thirty days after such appointment. Librarian. Section 8. The board of county commissioners or other governing authority of such counties shall furnish necessary space, offices, lights, heat and water for the maintenance of such library. Offices, etc. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. CITY OF DALLASTAX RETURNS. No. 790 (House Bill No. 1077). An Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Dallas in the County of Paulding, State of Georgia, and creating a new charter and municipal government for said city, approved March 6, 1956 (Ga. L. 1956, p. 2947), as amended, so as to provide that 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; to provide that the books for recording same shall open on January 1 and close on April 1 of each year; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Page 2588 Section 1. An Act amending, consolidating and superseding the several Acts incorporating the City of Dallas in the County of Paulding, State of Georgia, and creating a new charter and municipal government for said city, approved March 6, 1956 (Ga. L. 1956, p. 2947), as amended, is hereby amended by striking from section 26, the following: personal. Subject to taxation by said city, as of April 1 of each year; and the books for recording same shall be open on April 1 and close on June 1 of each year. and inserting in lieu thereof the following: personal, subject to taxation by said city, as of January 1 of each year; and the books for recording same shall open on January 1 and close on April 1 of each year. so that when so amended said section shall read as follows: Section 26. Be it further enacted, that 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 open on January 1 and close on April 1 of each year. Said property shall be returned by the property owner on blanks furnished for that purpose at the fair market value thereof. Tax returns. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Paulding County. Personally appeared before me, the undersigned officer, T. E. Parker, who, after having been duly sworn, deposes and says that he is a partner in and one of the publishers and editors of The Dallas New Era, a newspaper published in Dallas, Paulding County, Georgia, in which the sheriff's advertisements for Paulding County are published; and he does further certify that an exact copy of the attached and Page 2589 foregoing notice was published in the Dallas New Era on January 9, 16, and 23, 1964. /s/ T. E. Parker, One of the Publishers of The Dallas New Era. Sworn to and subscribed before me, this 3rd day of February, 1964. /s/ Evelyn T. Webster Notary Public, Georgia State at Large My Commission Expires Sept. 13, 1967. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that I intend to introduce a bill in the General Assembly of Georgia at its 1964 Session to amend the Charter of the City of Dallas, Georgia, so as to provide for the opening of the city tax books on January 1st and for said books to close for the giving in of taxes on April 1st of each year. This 6th day of January, 1964. /s/ George T. Bagby, Representative, Paulding County. Approved March 10, 1964. Page 2590 PAULDING COUNTYWATERSHED PROJECTS, ETC. No. 791 (House Bill No. 1078). An Act to confer upon Paulding County the right to condemn private property and all rights therein for the purpose of small watershed projects and for watershed protection and flood control; to provide for public parks and public recreational facilities to be developed in connection with the development or construction of any such projects; to provide for ways of ingress and egress to and from such projects; to provide for certain procedures in condemnation; to provide that the condemnor shall be required to condemn the fee simple title to all land not otherwise acquired which will be covered by permanent ponding or permanent flooding; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Paulding County is hereby granted the right and power of eminent domain for the purpose of taking and acquiring, by condemnation, necessary easements, land, property rights, and franchises to enable said county to institute and to accomplish the completion of small watershed projects and for works of improvements for watersheds and for watershed protection and flood control and flood prevention under any applicable act of the State of Georgia or of the United States. Eminent domain. Section 2. Paulding County is further granted the right and power of eminent domain for the purpose of taking and acquiring, by condemnation, necessary easements, land, property rights, and franchises for certain public parks, playgrounds, recreation centers or other recreational facilities, to be developed in connection with the development or construction of any such small watershed project or any such project for watershed protection or flood control and flood prevention or for works of improvements for watershed. Same. Page 2591 Section 3. Paulding County is further granted the right and power of eminent domain for the purpose of taking and acquiring, by condemnation, necessary easements, land, and property rights and franchises to allow for ways of ingress thereto, and egress therefrom, of any and all such watershed projects, improvement of watershed projects, watershed protection and flood control and flood prevention, and public parks, playgrounds, recreation centers, or other recreational facilities. Same. Section 4. For the purpose of instituting and accomplishing the completion of small watershed projects and for the works of improvement for watersheds and for watershed protection and flood control and flood prevention, under any applicable Act of the State and the United States, and for public parks, playground, recreational facilities, and for ways of ingress thereto and egress therefrom, to be developed in connection with the development or construction of any such small watershed project or any such project for watershed protection or flood control, and flood prevention or for works of improvement for watersheds, Paulding County may proceed to condemn said necessary land and rights therein and franchises in accordance with the procedures or any of them set forth by the pertinent eminent domain statutes of this State and in accordance with all existing laws applicable to the condemnation of private property for public use, including but not limited to Ga. L. 1957, p. 387, et seq., codified in Ga. Code Ann., Ch. 36-6A, the provisions of which, together with all other provisions of law applicable to condemnation of private property of any interest therein for public use, shall be available to said county in any proceeding brought to exercise the right and power of eminent domain granted by this Act, to acquire the necessary easements, land and property rights and franchises. Procedure. Section 5. In any such proceeding the condemnor shall be required to condemn the fee simple title to all land not otherwise acquired which will be covered by permanent ponding or permanent flooding. Same. Section 6. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged Page 2592 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 7. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Paulding County. Personally appeared before me, the undersigned officer, T. E. Parker, who, after having been duly sworn, deposes and says that he is a partner in and one of the publishers and editors of The Dallas New Era, a newspaper published in Dallas, Paulding County, Georgia, in which the sheriff's advertisements for Paulding County are published; and he does further certify that an exact copy of the attached and foregoing notice was published in the Dallas New Era on January 9, 16, and 23, 1964. /s/ T. E. Parker, One of the Publishers of The Dallas New Era. Sworn to and subscribed before me, this 3rd day of February, 1964. /s/ Evelyn T. Webster Notary Public, Georgia State at Large My Commission Expires Sept. 13, 1967. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that I intend to introduce in the General Assembly of Georgia at its 1964 Session a bill to Page 2593 confer upon Paulding County the right and power to condemn private property and any right or rights therein for the purpose of small watershed projects and for watershed protection and flood control and for public parks and public recreational facilities to be developed in connection with the development or construction of any such project and for ways of ingress thereto and egress therefrom, and for other purposes. This 6th day of January, 1964. /s/ George T. Bagby, Paulding County Representative. Approved March 10, 1964. DOUGHERTY COUNTYOFFICE OF JUSTICE OF PEACE ABOLISHED. No. 793 (House Bill No. 1086). An Act to carry into effect within the limits of Dougherty County, the provisions of Paragraph I of Section VII, of Article VI of the Constitution, relative to the abolition of justice courts in any county of this State having within its borders a city having a population of over twenty thousand; to abolish said justice courts and the offices of justices of the peace and notaries public ex-officio justices of the peace within the County of Dougherty; to provide the procedure connected therewith; to provide for the disposition of undisposed litigation, to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the date of approval of this Act or it otherwise becomes law, no justice of the peace shall be elected in Dougherty County nor shall any notary public ex-officio justice of the peace be appointed in Dougherty Page 2594 County. The offices of justice of the peace and justice courts and the offices of notary public ex-officio justice of the peace and their courts in Dougherty County are hereby abolished effective upon the expiration of the term to which each incumbent may have been appointed or elected or upon their death or resignation, whichever first occurs. The offices of constable in Dougherty County are hereby abolished effective the date on which the court they serve is abolished. Abolished. Section 2. Effective June 1, 1965, the City Court of Albany shall have concurrent jurisdiction with all justices of the peace, notaries public ex-officio justices of the peace and justice courts in Dougherty County, until such time as the term of office of each justice of the peace and notary public ex-officio justice of the peace shall expire. Section 3. All cases, civil or criminal, pending and undisposed of on the effective date of the abolition of any justice court within the County of Dougherty, shall be, and they are hereby transferred to the City Court of Albany 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 City Court of Albany, and the judge and other officers of said city court shall have the power and authority to issue and enforce in the name of said city of 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 and in the hands of the officers of said justice courts on the date of abolition shall be levied by the officers of said city court. All records, books, and papers in cases undisposed of and on file in said justice courts shall be filed and deposited with the clerk of said City Court of Albany, and all property of parties to actions in said justice courts, in the legal custody of said courts, shall be delivered to the bailiff of said city court. It is hereby made the duty of said justice of the peace and notaries public ex-officio justices of the peace, and all bailiffs and constables of said courts, to comply with the provisions of this section, and any such official or officer who shall fail to transmit such suits, papers, Page 2595 and documents, or to return such final or other processes, or to deliver the books and records of 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 City Court of Albany, or any party at interest, shall be in contempt of said City Court of Albany and shall be punished as provided in cases of contempt. The officers of said justice courts which are by this Act abolished shall be entitled to all uncollected costs which may have accrued in the cases in their respective courts so transferred up to the date of abolition, upon the collection of same by the officers of said City Court of Albany. Pending cases. 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, 1964, session of the General Assembly of Georgia a bill to abolish the offices of justices of the peace and notaries public ex-officio justices of the peace and the offices of constables in and throughout the County of Dougherty; to repeal any conflicting laws; and for other purposes. This 7th day of January, 1964. /s/ A. W. Holloway, Senator, 12th District. /s/ Colquitt H. Odom, Representative, Dougherty County. /s/ George D. Busbee, Representative, Dougherty County. /s/ William S. Lee, Representative, Dougherty County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William S. Lee, Page 2596 who, on oath, deposes and says that he is Representative from Dougherty County, and that the attached copy of Notice to Intention to Introduce Local Legislation was published in The Albany Herald, which is the official organ of said County, on the following dates: January 11, 18 and 25, 1964. /s/ William S. Lee, Representative, Dougherty County. Sworn to and subscribed before me, this 7th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large My Commission Expires Dec. 31, 1967 (Seal). Approved March 10, 1964. JUVENILE COURT JUDGES' SALARIES IN CERTAIN COUNTIES. No. 795 (House Bill No. 1133). An Act to amend an Act approved February 27, 1962, (Ga. L. 1962, p. 2380), amending an Act approved February 19, 1951 (Ga. L. 1951, p. 291) establishing juvenile courts, and Acts amendatory thereof so as to adjust the salary of the juvenile court judge in counties having a population of not less than 250,000 and not more than 350,000, according to the 1960 United States Census or any future such census; to provide that a juvenile court judge in such counties shall devote his full time to the duties of said court and shall not engage in the practice of law nor hold any other State, county, city or Federal elective or appointive office, job or position; to repeal conflicting laws; and for other purposes. Page 2597 Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That from and after the passage and approval of this Act approved February 27, 1962 (Ga. L. 1962, page 2380) prescribing the salary for juvenile court judges in counties having a population of not less than 250,000 and not more than 350,000, according to the 1960 United States Census or any future census, and for other purposes, be and the same is hereby amended by deleting section 1 of said Act in its entirety and inserting in lieu thereof the following: Section 1. An Act approved February 19, 1951 (Ga. L. 1951, Vol. 1, p. 291), repealing the Juvenile Court Acts approved February 18, 1950, and establishing Juvenile Courts, and Acts amendatory thereof be, and the same are hereby, amended by adding thereto a new section to be appropriately numbered and to read as follows: `In all counties having a population of not less than 250,000 and not more than 350,000, according to the United States Census of 1960 or any future United States Census, the judge of the juvenile court in such counties shall devote his full time to the duties of said office, shall not engage in the practice of law and shall be ineligible to hold any other elective or appointive county, city, State or Federal office, job or position. The salary of the juvenile court judge in such counties shall be $12,000.00 per annum, payable by the County in equal monthly installments on the first day of each month.' Where applicable, salaries. Section 2. That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved March 10, 1964. Page 2598 ACT PROVIDING PENSIONS FOR EMPLOYEES OF CITIES HAVING POPULATION OF OVER 150,000 PERSONS AMENDED. No. 796 (House Bill No. 1141). 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, as heretofore amended, so as to provide that an officer or employee may designate certain persons as beneficiaries; to define the term dependent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 20, 1927 (Ga. L. 1927, pp. 265 et seq.), to provide that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or subsequent census, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is hereby further amended, as follows: Section 1. Said Act as amended is further amended by adding thereto a new section which shall read as follows: (a) Any female officer or employee having a dependent as hereinafter defined, shall have the right at any time to name one such dependent (or if she has more than one child, then all of her dependent children), as beneficiary of her pension benefits hereunder, the amount of such pension benefits to be the same as provided for beneficiaries elsewhere in this Act, as amended, and provided that the additional contributions for beneficiaries required in this Act, as amended, are made. Dependents. (b) As used herein, a dependent shall mean a husband, child, step-child, mother, father, grandparent, brother, sister, Page 2599 grandchild, step-brother, step-sister, step-father, step-mother, mother-in-law, father-in-law, uncle, aunt, nephew or niece, who: (i) has income from all sources of less than $600 per annum; and (ii) receives more than fifty (50%) per cent of his or her support from the officer or employee. (c) A dependent beneficiary shall become ineligible to receive further pension benefits, and such benefits shall terminate upon the occurrence of any one of the following events: (i) such beneficiary has income from all sources other than pension payments hereunder in excess of $600.00 per annum, (ii) such beneficiary, if a minor, marries or reaches the age of eighteen (18) years, or (iii) such beneficiary dies. (d) The fact of dependency as defined in paragraph (b) above must be established to the satisfaction of the Board, (i) at the time that the officer or employee seeks to designate said dependent as beneficiary, and (ii) at such other times, before and at the time such pension benefits become payable to such dependent beneficiary, as the Board may require. After the dependent beneficiary has begun to receive pension benefits, he or she shall establish his or her eligibility to continue receiving benefits at such times as the Board may require. (e) A female officer or employee shall have the right to change her designation of a dependent beneficiary at any time. Section 2. Said Act as amended is further amended by adding thereto a new section which shall read as follows: Notwithstanding any other provisions of this Act as amended regarding the rights of officers or employees to designate beneficiaries of their pension benefits after their death, every male officer or employee having a wife or unmarried child or children under the age of eighteen (18) years shall have the right at any time to designate his wife or such child or children as beneficiary of his pension benefits, the amount of such pension benefits to be the same as Page 2600 provided for beneficiaries elsewhere in this Act as amended, and provided that the additional contributions for beneficiaries required in this Act as amended are made; provided, however, that as to every male officer or employee hereafter elected or employed, participation for the benefit of such officer's or employee's wife or unmarried child or children under the age of eighteen (18) years shall be compulsory. Beneficiaries. Section 3. Said Act as amended is further amended by adding thereto a new section which shall read as follows: If an officer or employee designates a beneficiary, and thereafter such beneficiary should cease to be qualified to received a pension in the event of the member's death, then such officer or employee may at his or her option designate some other beneficiary who does qualify for pension benefits under this Act as amended and continue to make contributions for such beneficiary, or cease to make further contributions for beneficiaries, in which event contributions theretofore made for the benefit of a beneficiary shall not be refunded except insofar as refunds may be allowed by other provisions of this Act as amended. Same. Section 4. Said Act as amended is further amended by adding thereto a new section which shall read as follows: At such time as an officer or employee elects participation for the benefit of a beneficiary such officer or employee shall give written notice of such election to the Board, and shall within a period of two (2) years thereafter, in addition to current requirements, pay into the pension fund such additional percentage of such member's monthly salary as will equalize the contributions of such electing member with the contributions of other officers and employees made during the same prior years and months of eligible service for the same benefits, together with three (3%) per cent interest thereon for the months during which other members currently made their contributions for the same benefits. Contributions. Section 5. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Page 2601 Section 6. Should any section or provision of this Act be 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. Approved March 10, 1964. CITY OF HAMILTONNEW CHARTER. No. 797 (House Bill No. 1152). An Act to provide a new charter for the City of Hamilton; to provide that said city shall be responsible for all debts and contracts of the former City of Hamilton; to preserve all valid ordinances; to prescribe and define the corporate limits thereof; to provide a municipal government for said city; to declare the rights, powers, privileges and liabilities of said city; to provide for the election of the mayor and councilmen of said city; to declare and define the duties and powers of the officers of said city; to provide for the qualifications and registration of voters in said city; to provide for the qualifications of certain officials; to provide for the filling of vacancies in the offices of the mayor and councilmen; to provide for a mayor's court in said city and the procedure connected with such court; to provide that the mayor and council shall have the authority to remove or abate all nuisances; to provide for taxation by said city and the procedure connected therewith; to provide that said city shall have full power and authority to license, regulate, control, or prohibit any and all businesses and the procedure connected therewith; to provide that said city shall have full power and authority in their discretion, to grade, pave, or otherwise, improve for travel and drainage the streets, sidewalks, public lanes and alleys of said city; to provide that said city shall have full power and authority to furnish water, gas, heat and other public utility services for the public use of said city and the private use and to charge therefor; to provide Page 2602 that said city shall have full power and authority to regulate and enforce the collections of and insure payment of charges for supplying said utilities; to authorize said city to enact any and all ordinances, rules and regulations necessary to lay out and prescribe a fire district in said city; to provide that the City of Hamilton shall have the power and authority to pass zoning regulations; to provide for a zoning commission; to provide that said city shall be authorized to adopt any Act of the General Assembly conferring planning and zoning powers upon municipalties; to provide that said city shall have power and authority to condemn private property for any public purpose; to provide that the council of said city shall have power and authority to contract debts and issue bonds of said city as a valid obligation thereof; to provide that the mayor and council of said city shall be authorized and empowered to adopt such ordinances and regulations as they may deem proper; to provide for the creation and the election of a board of health in said city and to prescribe its powers and duties; to regulate and prohibit the keeping of explosive and other dangerous substances in said city; to regulate and prohibit the sale and shooting of firearms, fireworks, ammunition and explosives in said city; to regulate the construction of buildings to be erected in said city; to establish, equip and maintain a fire department; to provide that said city may undertake and carry out slum clearance and re-development work; to provide that said city shall have the power of eminent domain; to provide that said city shall be authorized to own and operate housing authorities; to provide that the enumeration of powers contained in this Act shall not be considered as restrictive; to provide for the disposing of any public utility that might be owned by said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The City of Hamilton in the County of Harris is hereby incorporated under the name and style of the City of Hamilton. Said City of Hamilton as a municipality shall have perpetual succession and is vested with the right to Page 2603 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 Hamilton 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 Hamilton shall be the legal successor to the City of Hamilton in Harris County existing at the time of the passage of this Act, and shall receive all of the property of said former city, and be responsible for all debts, contracts and obligations for which said former city is now obligated. Incorporated. Section 2. The City of Hamilton is hereby made responsible as a corporate body for all legal debts, contracts and obligations for which the City of Hamilton as incorporated under an Act approved December 20, 1899 (Ga. L. 1899, p. 201), as amended, is now obligated. Debts. Section 3. All existing, valid ordinances, rules, by-laws, regulations and resolutions of the City of Hamilton not inconsistent with this charter shall remain in full force and effect for the City of Hamilton until altered, amended or repealed. Existing ordinances. Section 4. The corporate limits of the City of Hamilton shall be as follows: Page 2604 Beginning at a point on the center line of the Barns Mill Road Bridge crossing Palmetto Creek 700 ft. due east from the original west line of land lot No. 133 in the 21st land district of Harris County, Georgia, and extending thence due south 1050 ft. to the original north line of land lot No. 124 of said district, thence due south to the original north line of land lot No. 101 of the said district, thence due south 600 ft., thence due west 700 ft. to the original east line of land lot No. 100, thence due west to a point on the original east line of land lot No. 99,600 feet due south from the original north-east corner of land lot No. 99, thence due west 2000 ft., thence due north 600 ft. to the original south line of land lot No. 126, thence due north to the original south line of land lot No. 131, thence due north to the original south line of land lot No. 158, thence due north 1400 feet, thence due east 2000 ft. to the original west line of land lot No. 157, thence due east 1000 ft. to the center line of a small stream, thence southeasterly along the center line of said stream to the center line of Palmetto Creek, thence southeasterly along the center line of said creek to the point of beginning. Corporate limits. Section 5. The government of said city shall consist of a mayor and four councilmen, who shall have been bona fide residents of said city for a period of three months immediately preceding their election to office. Mayor and council. Section 6. On the second Saturday in November, 1964, and annually thereafter, on the same day in the same month, an election shall be held in said city for mayor and councilmen, said election to be held under such supervision, rules and regulations as the council may prescribe. Elections. Section 7. Before entering on the discharge of their duties, the mayor and council shall take and subscribe to the following oath: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor or councilman (as the case may be) of the City of Hamilton; that I will faithfully execute and enforce the laws of said City to the best of may ability, skill and knowledge; and that I will do all in my Page 2605 power to promote the general welfare of the inhabitants of said city and common interest thereof. Oath. That I am not a member of the Communist Party and that I have no sympathy for the doctrines of communism and will not lend any aid, my support, my advice, my counsel nor my influence to the Communist Party or to the teachings of communism. Section 8. The mayor and council shall meet on the first Monday of January of each year and at least monthly thereafter for the transaction of business at such times and places as they may prescribe. At all meetings the mayor, if present, shall preside, but shall have no vote upon any question to be decided by the council except in case of a tie, when he shall cast the deciding vote, and also except in the election of officers annually, when the mayor and council shall all vote, it being necessary, in order to elect, to have a two-thirds majority. Three shall constitute a quorum in all meetings of the council. Council meetings. Section 9. All persons residing in the City of Hamilton who are qualified to vote for members of the General Assembly of the State of Georgia, and who have paid all taxes due to said city previous to the year in which the election is held, and have resided in the City of Hamilton three months immediately preceding the day of election shall be considered electors and entitled to hold office in said city and to vote in any election held in said city. Voters. Section 10. All contests concerning elections for mayor and councilmen in and for the City of Hamilton shall be held and determined by the ordinary of said County of Harris, and shall be governed by the same rules as are provided for contests before such officer under the Code of Georgia; but no contest shall be allowed or heard unless begun in five days after said election. Contests. Section 11. Be it further enacted that in the event that the office of mayor or any councilman shall become vacant by death, removal or otherwise, the mayor, but in case his seat is vacant, a majority of the councilmen, shall order Page 2606 an election to fill such vacancy, notice of which shall be given at least ten days by posting written notices of the same in two or more public places in said city. Vacancies. Section 12. The mayor and councilmen shall be installed on the first Monday in January of each year, after their election, be sworn in as such officers, and shall then elect, on the same day, from their body a mayor pro tem. who shall have authority to discharge all the duties of the mayor whenever, from sickness, absence or other cause the mayor cannot act; also, at such time the said mayor and council shall elect, from their body or not, as they deem best, a clerk and treasurer, this office to be filled by one and the same person, and also may elect a marshal and such other officers for said city as they may deem best for the proper government of said city, it being the intention of this Act to elect all officers, as herein given the mayor and council power to do so, annually, and the mayor and council shall require bond, with good and sufficient security for such officers as marshal, clerk and treasurer for their faithful discharge of duty, as they shall deem best, and shall have the right to require bond of all officers appointed by them. The compensation of the mayor shall not exceed $120.00 per annum, and the compensation of the councilmen shall not exceed $5.00 each per meeting attended. The mayor and council shall be allowed to fix the salaries of all officers appointed by them, which must be done before their election, and no salary of any officer shall be changed during his term of office. All officers elected by the mayor and council shall take an oath also, such as may be prescribed by said mayor and council, before entering upon the discharge of their duties. Duties. Section 13. There shall be a mayor's court for the trial of offenses and offenders agaisnt the laws and ordinances of the city, which court shall be held by the mayor, and in his absence, or disqualification, by the mayor pro tem. Said court shall have the power to preserve order, to compel the attendance of witnesses, to punish for contempt by imprisonment not exceeding two days, or by fine not exceeding ten ($10.00) dollars, or both; and said mayor shall also have Page 2607 the power, on conviction of any person of the violation of the ordinances or laws of the City of Hamilton, to sentence such persons to labor upon the streets or public works of said city not to exceed sixty days, or to impose a fine not to exceed one hundred ($100.00) dollars, or to imprison in county jail or such other place as may be provided by said mayor and council, not to exceed fifty days, either or all of said sentence, in his discretion. Mayor's court. Section 14. The mayor shall have authority and power to issue warrants against any person violating any of the laws of this State within the corporate limits of the City of Hamilton, and shall have full power and authority to commit the offenders to jail, or to bail them (if the offense is bailable) to appear before the court having jurisdiction, and if, while trying any person charged with the violation of any ordinance or law of the City of Hamilton, it shall be made to appear that such person has violated the criminal laws of this State, said mayor shall have power to commit such person to jail, or to bail him, if the offense is bailable, to appear before the court having jurisdiction thereof. Warrants. Section 15. The mayor shall be chief executive officer of said city, and shall see that all ordinances, rules and regulations of said city are properly executed. He shall approve all bills against the city before they are paid by the treasurer. He shall have general jurisdiction of the affairs of said city not in conflict with the jurisdiction of the mayor and council as a body corporate. He, in conjunction with the police committee, if one should be appointed by the mayor and council shall have control of the marshal and other police officers of said city, and may appoint special police whenever, in his or their judgment, it is necessary. The mayor shall be ex-officio chairman of all general committees appointed by the mayor and council, it being in their power to appoint all committees from their body, as they may deem proper. The mayor shall have the same powers of a justice of the peace to issue warrants for offenses against the State laws committed in said city, and to hold courts of inquiry and to bind over offenders Page 2608 to courts of competent jurisdiction, and shall receive the same fees as are allowed justices of the peace for similar work under the laws of the State of Georgia; also the mayor shall have the right to commit any person for the violation of any State offense, without the issuing of a warrant, when such person shall have been brought before him for violation of any ordinance of the City of Hamilton, and there is probable cause to suspect that such person has violated a State law. Mayor. Section 16. All persons tried and fined in the mayor's court shall have the right of appeal from the decision of the mayor to the council of the City of Hamilton, and shall be given four days in which to enter the same, and if given their liberty pending said appeal, they shall give bond for their appearance, as hereinbefore provided. In all cases made and to be tried before the mayor's court, or before the council on appeal, the defendant shall have the right to give a cash bond for his or her appearance, and should they fail to appear within ten days after the case is set for trial, they shall forfeit such cash bond, and the trial court shall pass on order directing such amount to be paid into the treasury of the City of Hamilton. Appeals to council. Section 17. The marshal, deputy marshal or any policeman lawfully appointed in said city, may arrest without warrant any person who he may see violating an ordinance of said city, or any person reported to him as having violated any ordinance of said city, and carry said offender to the mayor's court for trial. And to this end he may summon any person who is a citizen of the City of Hamilton, or any number of citizens as a posse to assist in such arrest. Said arresting officer shall at once notify the person of the charge preferred against him or her, and such person shall have a reasonable time to prepare for trial. Arrests. Section 18. The mayor and council shall have authority to remove or abate all nuisances in any part of the city, whether on the streets or elsewhere, under such rules and in such manner as they may provide by ordinance or resolution; they shall also have power and authority to prevent Page 2609 by ordinance and suitable penalties the running at large of stock, horses, mules, cattle, hogs, sheep, goats, or other animals at the expense of the owner thereof, and for the sale of same to pay the expense of said impounding, including the feed bills, which feed bills are not to exceed those allowed constables under the laws of the State. Nuisances, etc. Section 19. The mayor and council of said city shall have control of the streets, sidewalks, bridges, alleys, cemeteries and public property in said city, and they shall prohibit any encroachment thereon, or any interference therewith, and they shall have the power to locate all cemeteries therein. They shall also have power to locate and open new streets and alleys, to widen and straighten any street located in said city, and for these and other public places they may condemn the owner's property in the manner provided by laws of the State for condemning property for public uses. Streets, etc. Section 20. For the purpose of raising revenues for the support, operation and maintenance of said city and its affairs, including reserves for capital improvements, the city council shall have full power and authority to levy, assess and collect each year for such general purposes, an ad valorem tax on all property, real, personal and mixed, including money, notes, stocks, bonds and other evidences of debt, money used in banking and every other species of property in said city, or owned or held therein, which may be lawfully taxed by said city, which tax shall not exceed twenty five mills on each dollar of taxable value, and in addition such annual ad valorem tax shall be levied on each dollar of taxable value of such property, subject to taxation for bond purposes, as may be necessary to produce amounts required and sufficient to provide a sinking fund for the purpose of paying the principal and interest on the bonded indebtedness of said city as required by law. The ad valorem tax above authorized for general purposes and the bond sinking fund tax shall be levied by separate ordinances, and each shall specify the purpose for which the tax is levied, and all proceedings for collecting said taxes shall show the amount due on each of said tax levies. Ad valorem tax. Page 2610 Section 21. 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 returns, etc. Section 22. The mayor of said city, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting of the City Council in January, shall select three (3) upright freeholders residing in said city as a board of tax assessors. The mayor and council shall fix the per diem compensation of said tax assessors. Vacancies on said board may be filled by the mayor as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessor to assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and it shall be their duty to examine the tax return made to them by property owners, and to increase or decrease the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small or too large. If any person or corporation fails or refuses to make return of any of his, her or its real estate or personal property, as hereinafter required, by the first day of April in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at 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 Page 2611 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. Tax assessors. (A) Any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right of appeal from the same to the council of said city, provided said appeal be filed in writing with the clerk of said city within five (5) days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which same has been assessed, and the fair market value as contended for by the appellant; said appeal shall be heard by said council at its next regular meeting, unless continued for cause, and its decision shall be final. The council of said city shall have power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. (B) The council shall also have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Section 23. The taxes of said city shall fall due on August 1st of each year, and tax executions shall be issued against all persons who have not paid their taxes by that time. All tax executions shall be signed by the clerk, and bear teste in the name of the mayor of said city. The marshal or other police officers of said city, the sheriffs, deputy sheriffs, and constables of this State shall have authority Page 2612 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. Section 24. The collection of all taxes, fines, forfeitures, commutation or license fees may be enforced by execution, levy and sale of property, as in the case of property liable for State and county taxes. The execution so issued shall be signed by the clerk of said City of Hamilton; and all levies to be made by the marshal or his deputy, and to be conducted as sales by the sheriffs of this State in cases of tax executions, except when personal property is levied on, then the same shall be advertised at three or more public places in said city for ten days, and shall then be sold on the day named in the advertisement between the hours of ten o'clock a.m. and four o'clock p.m. Executions. Section 25. The City of Hamilton shall have full power and authority to license, regulate, control, or prohibit all businesses, including but not limited to theatrical exhibitions, merry-go-rounds, circuses, dance halls, skating rinks, shows and exhibitions of all kinds, drays, automobiles, jitneys, trucks, taxis, and public and private vehicles of all kinds; traveling vendors of patent medicines, soaps, notions, and all other articles; also hotels, boarding houses, restaurants, lunch stands, drinking stnds, fish stands or markets, meat markets, mercantile establishments, chain stores, laundries, billiard, pool, and other kinds of tables, tenpins, shooting galleries, and bowling alleys, slot machines or any games operated by coin-in-slot devices for carrying on games; also bakeries, dairies, barber shops, livery stables, sales stables, slaughter houses, tanyards, garage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planing mills; also auctioneers, peddlers, and pawn brokers; 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 Page 2613 to license. And said city shall have the power to require registration of, and to assess and collect a license tax on all such businesses, etc., and all other businesses, trades, professions, occupations, or callings conducted or engaged in within the corporate limits of said city, and such occupation tax or license tax shall constitute a lien upon all the property of the taxpayer or person liable, and shall take rank and be enforceable by execution in the same manner as ad valorem taxes due said city; and said city may require the registration of, and payment of license tax on, all such businesses, etc., as a prerequisite to the right to operate or engage in said business in said city, and shall have power to punish any one conducting or engaging in any such business, etc., without first registering and paying said license taxes. Said city shall have full and complete power to provide by ordinance for classification of all classes and businesses, and all other rules and regulations necessary and proper in the premises. Business licenses. Section 26. (A) The City of Hamilton shall have full power and authority in their discretion, to grade, pave, macadamize, and otherwise improve for travel and drainage the streets, sidewalks, public lanes and alleys of said city; to put down curbing, cross drains, crossings, intersections, and otherwise improve the same. Streets, etc. (B) In all cases where street paving or repairing is contemplated on any street in said city, in which water mains, sewers, pipes, or electirc wiring conduits are paid, or are to be laid, said city shall have the power to extend such mains, sewers, pipes, etc., from the main line to the property line, to thereafter avoid the necessity of tearing up or damaging said paving, to make house connections, and to assess the cost of making such property line extensions against the property to which said connections are made and to collect said assessments in the same manner as assessments for ad valorem taxes collected. Section 27. Said City of Hamilton shall have full power and authority to furnish water, gas and heat for the public use of said city, and for private use and charge therefor; Page 2614 to own, construct, enlarge, operate, and maintain a system of waterworks and sewerage and a system for the manufacturing and supplying of gas and heat; and to maintain the supplying of said public utility services. Provided, however, that the power and authority granted by this section or by any other provision of this charter to own, construct, enlarge, operate, and maintain any public utility shall not apply in any case where an existing utility is furnishing a similar service unless and until the Public Service Commission has determined, after hearing, that the service being furnished by such existing utility is not reasonably adequate. Utilities. Section 28. The City of Hamilton shall have full power and authority to regulate and enforce the collection of and insure payment of charges for supplying of water, gas, heat and sewer service, by the following methods: (A) By making said charges for water, gas, heat and sewer service a charge upon the property or real estate served, and in case prompt payment is not made for any such service, it may be provided that the water gas, heat or sewer services shall be shut off from the building, place or premises, and shall not be compelled to again supply said building, place or premises, until said arrears, with interest thereon, is fully paid; and further it may be provided for the issuance of an execution for the unpaid charges for water, gas, heat or sewer service against the real estate served and the owner thereof, which shall be a lien on said real estate, and enforceable in the same manner as executions for ad valorem taxes are enforced. Provided, however, that such charges shall not be a charge upon the real estate served where the tenant or other person in possession or having the right to possession 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 for all water, gas, heat and sewer service furnished by said city; and require of each consumer or person served a reasonable deposit, which may be varied according to the estimated consumption, to insure the prompt payment for such service; and shut off and refuse to furnish water, gas, Page 2615 heat and sewer service, where payment or deposit, as the case may be, is not promptly made and to enforce by execution against any consumer or person served, in the same manner as executions for ad valorem taxes are enforced, any unpaid charges for water, gas, heat or sewer service. Should any consumer fail to pay all water, gas, heat or sewer charges due by him to said city, then the said city may cut off water, gas, heat or sewer services from the premises and, should he move to another place in said city, refuse to furnish such service at the new place of residence unless and until all past due accounts are paid in full. (C) Said city shall have power to adopt all necessary ordinances to put either method in force in said city, and to change from one method to the other in their discretion, and to adopt such methods of enforcing said charges as they may deem necessary and proper. (D) The provisions of this section shall be applicable to charges for any public utility service provided or furnished by said city, including water, gas, heat and sewer service, and the enumeration of particular classes of service shall not be construed as to exclude any other service that may be provided or furnished by said city from the operation and provisions of this Act. Section 29. 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, stove pipes and flues are to be constructed, to provide for fire escapes in said buildings, and generally to do all such things and to pass such laws and ordinances as the city may deem necessary in order to protect said city as far as possible from fire, and to prevent the spread of fire from one building to another, and for the protection and safety of the people. It shall also have the authority to order any changes in the construction or Page 2616 arrangement of buildings, chimneys, stove pipes or flues and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the expenses of such changes or removal, which expense may be collected as ad valorem taxes are collected; and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, the city may order such building removed or altered and if such person, firm or corporation shall not remove or alter such buildings after notice to do so, as may be prescribed, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected by execution issued and enforced in the same manner that executions for ad valorem taxes are enforced. Fire district. Section 30. (A) The City of Hamilton may, in the interest of public health, safety, order, convenience, comfort, prosperity or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings or other uses of property; or for the purpose of regulating the height of the buildings, fences, or other structures, or the area or dimensions of lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purpose of the zoning regulations. In the determinations and establishment of districts and regulations, classification may be based on the nature or character of the trade, industry or other activity conducted, or to be conducted, upon the premises, the number of persons, families, or other group units to reside in or use buildings, the public, quasipublic or private nature of the use of premises, or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity or welfare. Said Page 2617 mayor and council may provide by ordinance for a zoning commission to be composed of not more than three (3) members to be elected by said mayor and council and to prescribe their powers and duties; and are authorized to provide the method of appeal from finding of said zoning commission; and to provide for a board of zoning appeals to be elected by said mayor and council, to hear such appeals, and to provide their powers and duties; and to provide for the right of certiorari from said board of zoning appeals to the Superior Court of Harris County. Zoning. (B) In lieu of the above power of planning and zoning, the City of Hamilton is authorized to adopt any Act of the General Assembly conferring planning and zoning powers upon municipalities, counties or municipalities and counties. Section 31. The City of Hamilton shall have full power and authority to condemn private property for any public purpose, such as establishing public street, sidewalk, parks and playgrounds, for right-of-way for any water, gas or sewer line, or sewerage disposal plants, for sites for the building or enlarging of any public building, reservoir or structure necessary for the operation and conduct of the fire department, water plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the city shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be 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 32. The council of said City of Hamilton 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 Page 2618 and laws of this State, for the purpose of refunding valid existing debts, establishing, improving, and maintaining a sewerage system, for the paving or otherwise improving streets, sidewalks or public places, and for any other improvement, convenience, or necessity for the use of said city or the citizens thereof, or for any other lawful purposes. Bonds, etc. Section 33. In addition to the power and authority vested in said City of Hamilton, by the general laws of this State, and to those heretofore and herein granted by this Act, the said mayor and council are hereby authorized and empowered to adopt such ordinances and regulations as they may deem proper, not in conflict with the Constitution and laws of the United States or of this State: 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 suppress infectious, contagious, or dangerous diseases in said city; (B) To create and elect a board of health in said city and to prescribe its powers and duties, and to maintain said board; to provide for the quarantine in, and treatment of contagious, infectious, or dangerous diseases, either in or outside of said city, and to cooperate in the management and control of any public hospital or clinic for treatment generally of diseases and accidents, and to contribute money to the same; (C) To own and regulate cemeteries and parks, either within or without said city, to establish, control, and govern a municipal market in the said city, to own or contribute to the support and maintenance of swimming pools, golf links, parks and playgrounds, either within or without the corporate limits of said city; (D) To regulate and prohibit the keeping of explosives and other dangerous substances in said city; to regulate or prohibit sale and shooting of firearms, fireworks, ammunition and other explosives in said city; and to regulate Page 2619 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 permits, and to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same and to regulate plumbing and structures in said city; and to regulate electrical and gas installations, appliances, and fixtures in said city, and to adopt and enforce building, electrical, gas and plumbing codes; (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 right-of-way over, in, under or along the public streets, sidewalks, alleys, parks or other property of said city, on such terms and conditions as may be prescribed; and to regulate all public services or utility corporations doing business in said city in any manner not in conflict with the laws of this State or of the United States of America; (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 jail, prison, prison farm and public works camp, and to regulate the same; and to provide for the working of convicts on the streets of said city, 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; Page 2620 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 or carried on; (M) To lay out and open new streets and alleys in said city; and to change the grades thereof; and to close streets in said city; (N) To provide a uniform scale of costs of the clerk and police officers of said city for all service in the arrest and prosecution of offenders in the mayor's court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury; (O) To require connection with water or sewerage by property owners whose property abut on streets having water or sewer mains. Section 34. The enumeration of powers contained in this Act shall not be considered as restrictive; but the City of Hamilton 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 35. No gas or water plant or system, now or hereafter owned by the City of Hamilton, shall ever be sold, leased or otherwise disposed of by the City of Hamilton, 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 Page 2621 this reference, and shall be a valid part hereof regardless of any decision invalidating said Act for any reason. Any other property, real or personal, now or hereafter owned by said city (including any property connected with a gas or water plant or system owned by said city, which particular property is no longer serviceable or necessary in the continued and efficient operation of such plant or system) may be sold, leased or otherwise disposed of by said city by resolution of the mayor and council thereof, setting forth and approving the terms of any such sale, lease, or other disposition; the mayor, by direction of said council, making conveyance thereof; provided, however, that no conveyance of any property worth over one hundred dollars ($100.00) shall be made unless public notice is given of intention to convey in the newspaper of general circulation in the county in which sheriff's advertisements are made at least once a week for three (3) consecutive weeks immediately prior to such sale or encumbrance; provided, further, that nothing in this section shall vary the laws regarding bond issues. Utilities. Section 36. The City of Hamilton shall have the power and authority 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 shall be exercised and public funds expended in furtherance thereof and said city shall be empowered and authorized to own, maintain and operate housing authorities. Slum clearance. Section 37. Nothing in this Act shall be so construed so as to abolish or shorten the term of office of any elected official of the City of Hamilton and said officials shall continue to serve out that term of office to which they were elected. Successors to such officers and any vacancies occurring in said offices shall be elected and appointed in accordance with the provisions of this Act. Intent. Page 2622 Section 38. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Harris County. Notice is given of intention to introduce in the Georgia General Assembly at the 1964 Session a bill to amend the charter of the City of Hamilton as enacted by Georgia Laws 1899, page 201, as amended, and for other purposes. This 22nd day of January, 1964. /s/ Henry T. Crye, Mayor, City of Hamilton Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Burton Steis, who, on oath, deposes and says that he is Representative from Harris County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal, which is the official organ of said county, on the following dates: January 23, 1964; January 30, 1964; and February 6, 1964. /s/ William Burton Steis Representative, Harris County. Sworn to and subscribed before me, this 11th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved March 10, 1964. Page 2623 HARRIS COUNTYCORONER PLACED ON SALARY BASIS. No. 798 (House Bill No. 1153). An Act to place the coroner of Harris County upon a monthly salary; to provide for the disposition of fees and commissions formerly allowed the Coroner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The coroner of Harris County is hereby placed upon a salary of $50.00 per month in lieu of the fee system of compensation formerly allowed said officer. Said salary shall be in lieu of all fees, commissions, emoluments and perquisites of whatever kind formerly allowed the coroner of Harris County for his services as such. Salary, etc. Section 2. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies, and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in his office, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, said officer shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by him and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that a bill will be introduced in the 1964 session of the Georgia General Assembly to change Page 2624 the compensation of the Coroner of Harris County, Georgia from the fee system, placing said official on salary and fixing the salary, and for other purposes. /s/ Vance E. Smith, Chairman Commissioners of Roads and Revenues of Harris County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Burton Steis, who, on oath, deposes and says that he is Representative from Harris County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal, which is the official organ of said county, on the following dates: January 23, 1964; January 30, 1964; and February 6, 1964. /s/ William Burton Steis Representative, Harris County. Sworn to and subscribed before me, this 11th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. Page 2625 PEACH COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 799 (House Bill No. 1158). An Act to amend an Act incorporating the offices of tax receiver and tax collector of Peach County into the one office of tax commissioner of Peach County, approved February 5, 1952 (Ga. L. 1952, p. 2078), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3039), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the offices of tax receiver and tax collector of Peach County into the one office of tax commissioner of Peach County, approved February 5, 1952 (Ga. L. 1952, p. 2078), as amended by an Act approved April 5, 1961 (Ga. L. 1961, p. 3039), is hereby amended by striking from section 3 the figure $7,000.00, and inserting in lieu thereof the figure $8,500.00, so that when so amended section 3 shall read as follows: Section 3. The salary of said tax commissioner shall be $8,500.00 per annum, to be paid monthly from funds in the county treasury. The tax commissioner shall be authorized to employ assistants and clerical help and the salaries of these assistants and clerks are to be paid by the tax commissioner out of personal funds. Section 2. This Act shall become effective on the first day of the month immediately following the month in which it is approved by the Governor or in which it otherwise becomes law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Page 2626 Notice is hereby given that there will be introduced at the January 1964, session of the General Assembly of Georgia, a bill to change the compensation of the tax commissioner of Peach County, and for other purposes. This 28th day of December, 1963. /s/ D. Warner Wells Representative, Peach County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, D. Warner Wells, who, on oath, deposes and says that he is Representative from Peach County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Leader-Tribune, which is the official organ of said county, on the following dates: January 2nd, January 9th, and January 16, 1964. /s/ D. Warner Wells Representative, Peach County. Sworn to and subscribed before me, this 12th day of February, 1964. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission expires Oct. 19, 1964. (Seal). Approved March 10, 1964. Page 2627 PEACH COUNTYBOARD OF COMMISSIONERS OF ROADS AND REVENUES, REFERENDUMS. No. 800 (House Bill No. 1159). An Act to create a board of commissioners of roads and revenues for Peach County; to provide for the composition of such Board; to provide for elections, compensation, powers, duties and terms of office; to provide for a chairman; to provide for a clerk; to provide for filling vacancies; to provide for an audit; to provide for a quorum; to provide for bonds; to provide for a county attorney; to provide for other matters relative to the board; to provide for a referendum; to repeal an Act creating the office of commissioner of roads and revenues of Peach County, approved February 10, 1939 (Ga. L. 1939, p. 703), as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a board of commissioners of roads and revenues for Peach County to be composed of three (3) members. One member shall be a resident of the City of Fort Valley, one member shall be a resident of Peach County outside the City of Fort Valley, and one member shall be from the county at large. The aforesaid offices shall be designated as posts numbers 1, 2 and 3, respectively. The members shall be elected by the voters of the entire county. Section 2. The first election for members of the board created herein shall be held at the General Election in November, 1964. The members elected shall take office January 1, 1965, for a term of four (4) years and until their successors are elected and qualified. Future elections shall be held every four (4) years at the General Election, and future successors shall likewise be elected for a term of four (4) years and until their successors are elected and qualified. Such successors shall take office on the first day of January immediately following their election. The members of the board shall elect a chairman of the board who shall preside Page 2628 at meetings. The board is hereby authorized to elect a vice-chairman in the event such is deemed advisable. The members shall be compensated in an amount of $25.00 each per meeting, with a maximum of $600 per annum each. Section 3. The board shall set a day for holding regular meetings, which shall be held each month. Other meetings shall be held upon call of the chairman or upon a call of a majority of the members of the board. A majority of the members of the board shall constitute a quorum for the conducting of business, but no official action shall be taken on any matter without an affirmative vote of at least two (2) members of the board. The chairman shall vote on all matters coming before the board for a vote. Meetings. Section 4. The ordinary of Peach County shall be clerk of the board and shall be compensated in the amount of $4,200 per annum, to be paid in equal monthly installments from the funds of Peach County. He shall keep all records of the proceedings of the Board and all other records, and and shall perform such other duties as may be necessary to carry on the business of the board. Clerk. Section 5. In the event a vacancy occurs on the board for any reason other than expiration of term of office, the remaining members shall select a person from the area from which the vacancy occurs who shall serve the unexpired term. Vacancies. Section 6. The board is hereby expressly given complete power, authority and control relative to all county matters of Peach County. It is hereby given all the power, authority and duties heretofore vested in the ordinary when acting as governing authority of the county, and in the one-man office of commissioner of roads and revenues for Peach County. Powers. Section 7. The board shall have the books of the board audited annually and make a report thereof by publishing the same in the official organ of the county. Audits. Page 2629 Section 8. The board is hereby authorized to employ an attorney at law of said county as county attorney. It shall be his duty to represent the county in litigation and to be legal advisor to said board. He shall be compensated for his services in an amount and in the manner agreed upon between him and the board. County attorney. Section 9. The books of the board shall be open to inspection and investigation by the grand jury of the county, and it shall be the duty of the board and the clerk to submit to said grand jury all books and records when requested to do so. Grand jury. Section 10. Each member of the board and the clerk, shall give bond in the amount of $5,000 payable to the clerk of the superior court for and on behalf of the county, conditioned upon the faithful performance of their duties as board members and as clerk. Such bonds shall be filed in the office of the clerk of the superior court of Peach County. Premiums thereon shall be paid from the funds of Peach County. Bonds. Section 11. Before entering upon the duties of their offices, each member of the board shall take an oath before some officer authorized to administer oaths, to faithfully discharge the duties of their office. Oaths. Section 12. In the event that in the referendum election provided for hereinafter, the people vote in favor of having the grand jury of Peach County select the members of the board in lieu of such members being elected by the voters, the first members of the board shall be appointed by the grand jury for the last term of court in 1964. The grand jury shall select one commissioner for two (2) years, one for three (3) years, and one for four (4) years, to take office January 1, 1965. Each successor shall be selected by the grand jury meeting at the last term of court in the year of the expiration of the term. Such successors shall take office on the first day of January immediately after their selection by the grand jury, and all successors to the first members selected by the grand jury and future successors Page 2630 shall serve for terms of four (4) years and until their successors are selected and qualified. Selection of board. Section 13. An Act creating the office of commissioner of roads and revenues of Peach County, approved February 10, 1939 (Ga. L. 1939, p. 703), as amended, is hereby repealed in its entirety, and all amendatory Acts are hereby repealed. The office of Commissioner as provided for therein, shall continue in existence, however, through December 31, 1964, but shall stand abolished at that time in the event that this Act is approved in the referendum election provided for hereinafter. 1939 Act repealed. Section 14. Not less than twenty (20) nor more than thirty (30) days after the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the ordinary of Peach County to issue the call for an election for the purpose of submitting this Act to the voters of Peach County for approval or rejection. There shall also be submitted at the same time and on the same ballot, a question of whether the people desire that the members of the board of county commissioners provided for herein be elected by the people as provided herein, or be selected by the grand jury as provided herein. The ordinary shall set the time of such election for a day not less than twenty (20) nor more than thirty (30) days after the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two (2) weeks immediately preceding the date thereof in the official organ of Peach County. The ballot shall be prepared so that the above two (2) questions may be voted on by the voters. On one place on the ballot there shall be the following: For approval of the Act creating a three-man Board of Commissioners of Roads and Revenues of Peach County. Against approval of the Act creating a three-man Board of Commissioners of Roads and Revenues of Peach County. Referendums. At another place on the ballot, sufficiently removed from the above so that the voters will be able to properly indicate Page 2631 their separate votes on each of the two (2) questions, there shall be the following: For election by the people of the three-man Board of Commissioners of Roads and Revenues of Peach County., and then For selection by the Grand Jury of the three-man Board of Commissioners of Roads and Revenues of Peach 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 more than one-half 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. In the event of approval of the Act by the voters, the results of the vote on the other question shall be determined. The total votes cast on the question of whether the members shall be elected by the people or selected by the Grand Jury shall be counted. If one-half or more of the votes cast are for election by the people, the first election thereunder shall be the 1964 General Election as hereinbefore provided. If more than one-half the votes cast on such question are for selection by the grand jury, the first selection shall be in 1964 as provided hereinbefore. The expense of such referendum election shall be borne by Peach 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 to declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2632 Notice of Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce at the present session of the General Assembly of Georgia a bill to amend the Act creating the County of Peach in order to provide for a board of commissioners of roads and revenues consisting of three members, and any and all matters that may be germane thereto. /s/ George B. Culpepper, III County Attorney /s/ D. Warner Wells Representative, Peach County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, D. Warner Wells, who, on oath, deposes and says that he is Representative from Peach County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Leader-Tribune, which is the official organ of said county, on the following dates: January 9th, January 16th and January 23rd, 1964. /s/ D. Warner Wells Representative, Peach County. Sworn to and subscribed before me, this 12th day of February, 1964. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission expires Oct. 19, 1964. (Seal). Approved March 10, 1964. Page 2633 WILKES COUNTYACT PLACING OFFICERS ON SALARY BASIS AMENDED. No. 801 (House Bill No. 1162). An Act to amend an Act placing the sheriff, the ordinary and the clerk of the Superior Court of Wilkes County on an annual salary in lieu of a fee system of compensation, approved April 2, 1963 (Ga. L. 1963, p. 2803), so as to provide that the aforesaid officials shall turn over to the county fiscal authority by the close of the last day of each month monies collected by them for such month; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff, the ordinary and the clerk of the Superior Court of Wilkes County on an annual salary in lieu of a fee system of compensation, approved April 2, 1963 (Ga. L. 1963, p. 2803), is hereby amended by striking from Section 5 the last sentence as follows: 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. and inserting in lieu thereof the following: Said officers shall turn over to the county fiscal authority by the close of the last day of each month all such receipts collected by them for such month. so that when so amended section 5 shall read as follows: 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 Page 2634 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 the close of the last day of each month all such receipts collected by them for such month. Section 2. This Act shall become effective beginning with the month of April 1964. 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 1964 session of the General Assembly of Georgia a bill to amend an Act placing 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, approved April 2, 1963 (Ga. L. 1963, p. 2803), so as to provide that the aforesaid officials shall turn over to the county fiscal authority, by the close of the last day of each month, monies collected by them for such month in lieu of having to turn over such monies on Saturday of each week as presently provided in the aforesaid; and for other purposes. This 21st day of January, 1964. /s/ 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 Page 2635 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 23 30, 1964; February 6, 1964. /s/ William R. Lindsey Representative, Wilkes County Sworn to and subscribed before me, this 11th day of February, 1964. /s/ Patty Sue Hurst Notary Public (Seal). Approved March 10, 1964. CITY OF VIDALIACHARTER AMENDED. No. 802 (House Bill No. 1168). An Act to amend an Act creating a new charter for the City of Vidalia, approved August 8, 1922 (Ga. L. 1922, p. 1004), as amended, so as to change the time of day for keeping the polls open for elections; to provide for additional voting places; to change the compensation of the Mayor, Councilmen, City Attorney, and the City Recorder; to establish the Vidalia Beautification Commission; to provide the powers, duties and composition of such commission; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Vidalia, approved August 8, 1922 (Ga. L. 1922, p. 1004), as amended, is hereby amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Page 2636 Section 9. That five days prior to any election the Mayor and Council shall name as election managers three qualified voters of said City of Vidalia; but no person who is a candidate for any office in the City of Vidalia, or who is at the time of said election an officeholder of said city, shall act as manager or clerk thereof. The mayor and council, in their discretion, may by majority vote establish and designate either the city hall of the City of Vidalia or the justice of the peace courthouse for the 51st militia district of Toombs County, or both such places, as the voting places for any elections held within the City of Vidalia, and appoint three (3) qualified voters of the City of Vidalia, as provided above, to act as election managers in each voting place. The election managers, when organized, ready for receiving votes, at any election held in said city, shall receive from the clerk of council the official registration list that has been certified by the registrars as the correct list of voters qualified to vote in said election, sealed as aforesaid, and shall break the seal and use said list in said election, and shall not permit any person to vote whose name is not on said list. Said managers shall plainly mark or check each name as voted. After said election, all ballots cast in said election shall be deposited in the ballot box, carefully sealed and turned over to the clerk of council for safekeeping, who shall deposit the same in the vault of the city without opening it until the first regular meeting of the mayor and council held thirty days after said election, when, on the event of no contest having been filed as to the results of said election, the ballots shall be destroyed by them. The voting list and tally sheets shall be returned to the clerk and mayor and council and shall be preserved in the city records. The polls for the holding of all elections in and for the City of Vidalia shall open at 7:00 a.m. and remain open until 7:00 p.m. by the time in common use in the said City of Vidalia. The managers of the election shall certify the results thereof to the mayor and council by their certificates which they shall deliver to the clerk of council who shall record said certificate on the minutes or other book kept for that purpose, and said records shall be the evidence of the results of said election. Elections. Page 2637 Section 2. Said Act is further amended by striking from the third paragraph of section 15 the words and figures one thousand ($1,000.00) dollars and by inserting in lieu the words and figures two thousand, four hundred ($2,400.00) dollars; and by striking from the eighth paragraph the words and figures three hundred ($300.00) dollars and by inserting in lieu thereof the words and figures one thousand, two hundred ($1,200.00) dollars, so that when so amended said section 15 shall read as follows: Salaries. Section 15. That the mayor of the city shall be the presiding officer of the council, and cast the deciding vote in case of a tie. He shall appoint a mayor pro tem. from the members of council who shall in his absence have all the power vested in the mayor by this charter. The mayor shall call the council together when so requested, in writing, by a majority of the members thereof, or when it seems to him to be important to the welfare of the city. The mayor shall sign all deeds and contracts made for or by the city which shall have been ordered or approved by the mayor and council duly assembled in their corporate capacity. The mayor and each member of council shall have all the powers of a justice of the peace to issue warrants, try and commit to the superior court of said county for trial all violators of the laws of this State for offenses committed within the corporate limits of said city. The mayor shall receive a salary not exceeding two thousand, four hundred ($2,400.00) dollars per year, as the council may fix. He shall preside over the `Mayors Court' for the trial of offenders against the ordinances of said city. He shall have power to impose such fines as set out elsewhere in this charter. The mayor and council shall meet once each month at such place as fixed by them by resolution or ordinance. The mayor may call special meetings of the council at any time deemed advisable by him. Three members shall constitute a quorum. Page 2638 All meetings of the mayor and council shall be in public, except such executive sessions as may be provided for by ordinance. Any citizens shall have access to the minutes and records thereof at all reasonable times at the office of the city clerk. The mayor and council shall determine its own rules and order of business and shall keep minutes of the proceedings on a special minute book made for the purpose. Each councilman shall receive a salary, not exceeding one thousand, two hundred ($1,200.00) dollars per year, as the council may fix. The mayor shall have the veto power and may veto any ordinance or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by the vote of at least four (4) councilmen on a yea and nay vote, duly recorded on the minutes of the council, but unless he shall file in writing with the city clerk, his veto of any measure passed by that body with reasons which impel him to withhold his assent, within four days of its passage, the same shall become a law just as if approved and signed by the mayor. The mayor shall have the power and authority to remit or reduce the fines imposed in the police court of said city upon persons convicted therein for violating any of the laws or ordinances of said city and he shall also have the authority of parole on good conduct persons convicted in the police court of violating the laws and ordinances of said city under such rules and regulations as the mayor and council may by ordinance prescribed. Section 3. Said Act is further amended by striking from section 18 the words and figures three hundred ($300.00) and by inserting in lieu thereof the words and figures six hundred ($600.00), so that when so amended said section 18 shall read as follows: City attorney. Section 18. Be it further enacted, that at its first regular meeting, the mayor and council shall elect a city attorney Page 2639 whose term of office shall be two years; whose duties shall be such as are required by the ordinances and laws of the city and by the direction of the mayor and council. The city attorney shall be paid a salary of not exceeding six hundred ($600.00) dollars per annum, payable monthly as a retainer only. He shall be the legal representative of the city and the legal advisor thereof. He shall represent the city in all matters in which the city is interested or involved and shall be paid for all legal services such compensation and fees as may be reasonable and just and as may be agreed upon between himself and the mayor and council. Whenever, in the judgment of the mayor and council, it shall be advisable to employ additional counsel to assist the said city attorney, authority to do so is hereby conferred upon the mayor and council. Section 4. Said Act is further amended by striking from section 31 the words and figures six hundred ($600.00) and by inserting in lieu thereof the words and figures one thousand, two hundred ($1,200.00), so that when so amended said section 31 shall read as follows: City recorder. Section 31. Be it further enacted, that the mayor and council of the City of Vidalia may, wherever in their judgment they see fit, create the office of city recorder for said city and to elect some upright and intelligent person reasonably skilled in the law, resident of said city, to perform the duties of that office, and to fix at not more than one thousand, two hundred ($1,200.00) dollars per annum his compensation therefor. Said Recorder may be elected at any time that in the judgment of Mayor and Council his services may be necessary or desirable and he shall hold his office for a term of one year, or until the qualification of the mayor and council following the next city election, and until his successor is elected and qualified. He shall be a qualified voter of said city and shall take and subscribe to such oath as the mayor and council may by ordinance prescribe. It shall be the duty of said recorder to preside in the police court of said city in all cases, except when providentially hindered or when absent from the city, as when he may be disqualified. In either case the mayor or the mayor pro tem. Page 2640 shall preside as acting Recorder with the same power and as vested in the city Recorder. Section 5. Said Act is further amended by renumbering section 120, the repealer clause, as section 124, and by inserting in lieu thereof new sections to read as follows: Section 120. From and after the passage of this Act there shall be a commission for the City of Vidalia which shall be named and designated as the Vidalia Beautification Commission. The general purpose of said commission shall be to promote the beauty of the City of Vidalia in general, and to do all things not contrary to the laws of the State of Georgia which result in a more attractive community, including but in no way being limited to, the planting of trees, shrubbery and flowers within the city limits, both on public property and on private property upon which a lease is held by the city or for which authorization is given by the owners thereof to the commission permitting said commission to beautify said property. Vidalia beautification commission. Section 121. The commission shall consist of eleven (11) members who shall be elected by the mayor and council of the City of Vidalia. Said members shall be elected immediately after the approval of this Act, as follows: Two (2) members to serve for a term commencing with the approval of this Act to serve until January 1, 1965; three (3) members whose term shall commence upon the approval of this Act and who shall serve until January 1, 1966; three (3) members whose term shall commence upon the approval of this Act and who shall serve until January 1, 1967; and three (3) members whose terms shall commence upon the approval of this Act and who shall serve until January 1, 1968. The Mayor and Council shall at its first meeting in January of each year elect members to succeed the retiring members, such successors to serve a term of two (2) years. All members shall serve until their successors are duly elected and qualified, and shall serve at all times without compensation. Any member shall be eligible to succeed himself. Members of the commission shall on the first Monday in February of each year elect from its membership a person Page 2641 to serve as chairman of such commission for a term of office of one year. Members, etc. Section 122. The commission shall have the right to receive grants, gifts and donations and administer trusts for the purposes and powers set out herein. The mayor and council may appropriate funds for the commission, the amount of such appropriated funds, if any, to be decided by the mayor and council. Funds. Section 123. The commission shall be responsible to the mayor and council of Vidalia and shall, in December of each year, make a report to the mayor and council and shall account for all funds received from the city in the preceding year. Reports, etc. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1964 session of General Assembly of Georgia, a bill to amend the Charter of the City of Vidalia so as: to provide for a Beautification Commission of the City of Vidalia; and for other purposes. This 14th day of January, 1964. M. O. Strickland, City Attorney, City of Vidalia, For Mayor and Council of City of Vidalia. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1964 session of General Assembly of Georgia, a bill to amend the Charter of the City of Vidalia so as: to provide for the compensation of the mayor, councilmen, recorder, and city attorney of the City of Vidalia; and for other purposes. Page 2642 This 14th day of January, 1964. M. O. Strickland, City Attorney, City of Vidalia, For Mayor and Council of City of Vidalia. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1964 session of General Assembly of Georgia, a bill to amend the Charter of the City of Vidalia so as: to provide for places for holding city elections; to provide for the time polls to remain open for city elections; and for other purposes. This 14th day of January, 1964. M. O. Strickland, City Attorney, City of Vidalia, For Mayor and Council of City of Vidalia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ross P. Bowen, who, on oath, deposes and says that he is Representative from Toombs County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lyons Progress, which is the official organ of said county, on the following dates: January 23, 1964; January 30, 1964; February 6, 1964. /s/ Ross P. Bowen, Repre- sentative, Toombs County. Sworn to and subscribed before me, this 10th day of February, 1964. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 10, 1964. Page 2643 WALKER COUNTYFIRE PREVENTION DISTRICTS. No. 803 (House Bill No. 1175). An Act to authorize the governing authority of Walker County to establish fire prevention districts in Walker County; to provide for the procedure connected therewith; to provide for an election concerning the levy of taxes for the purpose of fire prevention; to authorize the levy of taxes for fire prevention by the governing authority of Walker County; to provide for boards of fire district commissioners; to provide for their election, powers, duties and responsibilities; to provide for the administration of fire prevention programs; to provide the procedure connected therewith; to provide for the deletion of certain areas from fire prevention districts; to provide how this Act shall become effective; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of Walker County is hereby authorized to establish, within the bounds of Walker County, districts for fire prevention. In establishing districts, the governing authority may prescribe such boundaries for said districts from time to time, as the governing authority shall deem advisable. After it has been ascertained as to the desired boundaries of any district, the governing authority shall pass a resolution which shall contain the description of said district. Authority. Section 2. The governing authority shall then pass an order, directed to the ordinary of Walker County, to which shall be attached a copy of the aforesaid resolution, directing him to issue the call for an election in said district for the purpose of determining whether taxes shall be levied in such districts for fire prevention purposes. Referendums. Section 3. Not more than fifteen days after the receipt of the aforesaid resolution, the ordinary of Walker County shall issue the call for an election for the purpose of determining Page 2644 whether taxes shall be levied in each such fire prevention district for fire prevention purposes. The date of each such election shall be set for a day not less than thirty nor more than forty five days after the date of the issuance of the call. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official organ of Walker County. It shall be the duty of the ordinary to compile a list of voters for each fire prevention district established as aforesaid; and only those voters who are duly registered to vote in the general election and whose residence is inside the boundaries of said fire district shall be qualified to vote. The ballot shall have printed thereon the words: For the levy of taxes not to exceed ten mills for fire prevention purposes. Against the levy of taxes not to exceed ten mills for fire prevention purposes. Same. If sixty percent of those persons voting in such election in each district vote for the levy of such taxes, then the governing authority of Walker County shall be authorized to levy such taxes in that district in accordance with the procedures set out hereinafter. If less than sixty percent of those persons voting in such election do not vote for the levying of such taxes, then no such taxes shall be levied in that district. The votes in each fire prevention district shall be counted separately, and the votes in each district shall determine whether such taxes be levied in each particular district. Section 4. The Ordinary of Walker County is hereby authorized to employ the necessary help in compiling the aforesaid list of voters for each district and in conducting such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. The expense of such election shall be borne by Walker County. Duties of Ordinary. Section 5. In any fire prevention district which votes for levying such taxes, it shall be the duty of the ordinary to issue the call for an election not less than fifteen days nor more than 45 days after the results of the referendum provided Page 2645 for in section 3 shall be determined. The election shall be for the purpose of electing a board of fire district commissioners in each such district. The date of the election shall be set for a day not less than fifteen nor more than thirty days after the date of the issuance of the call. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official organ of Walker County. Commissioners. The board of fire district commissioners shall be composed of three freeholders who shall have been a resident of the district in which they reside for at least two years immediately preceding their election, and who shall be at least 21 years of age. The three candidates receiving the highest number of votes cast shall be elected to the board of fire district commissioners. They shall serve without pay, but shall be reimbursed for actual expenses incurred in discharging the official duties of their office. Before taking office they shall file with the ordinary of Walker County a bond in the amount of $15,000.00 conditioned upon the faithful discharge of the duties of their office. The members of the Board so elected shall serve until December 31, 1968. After the initial election as provided for herein, all Fire District Commissioners shall be elected at the same time as other county officers are elected and shall serve for a term of office of four years and until their successors are duly elected and qualified. Candidates for fire district commissioners shall qualify with the ordinary of Walker County at least ten days prior to the general election by filing an affidavit with the ordinary stating that he is qualified as provided for above. Said elections shall be conducted by the ordinary, and the expenses thereof shall be borne by Walker County. The commissioners in each district shall be elected by the qualified voters residing within said districts. Members, bonds, etc. Section 6. The board of fire district commissioners in each fire prevention district in Walker County shall establish and administer a fire prevention program and shall be charged with the sole responsibility and authority of constructing and maintaining the projects hereinafter authorized. The board shall have complete power and authority to expend money, hire personnel, and carry out all actions Page 2646 necessary to establish and maintain a fire prevention program in said districts. Duties. Section 7. The board of fire district commissioners shall recommend to the governing authority of Walker County the necessary millage levy required to carry out the program of the board. Upon receiving the recommended millage levy, the governing authority of Walker County shall proceed to levy taxes in accordance with the recommended millage levy up to ten mills upon the dollar on the property located in such districts. The homestead exemption granted by Article VII, Section I, Paragraph IV, of the Constitution of Georgia and the statues enacted pursuant thereto, shall not be granted and shall not apply to the levy of such taxes. The funds collected under this levy shall be used for fire prevention purposes in the fire prevention district only in which such funds are collected and not in any other fire prevention district of Walker County and shall be turned over to the board of fire district commissioners for exepnditure in accordance with the provisions of this Act. Taxes. Section 8. The boards of fire district commissioners are hereby authorized to formulate rules and regulations relative to the establishment and administration of such fire prevention districts as they deem necessary. Rules. Section 9. The board of fire district commissioners is hereby authorized to contract with persons, firms and corporations residing outside of each respective fire prevention district in order to provide fire protection to said persons, firms or corporations. Contracts. Section 10. The governing authority shall have the power within its discretion after the establishment of any fire prevention district to delineate and delete portions of such fire prevention district that may have been encompassed into a municipality subsequent to the creation of such fire prevention district whereby fire protection is provided to the involved area by such municipality, and the further authority to delineate and delete portions of any established, or hereafter established, fire prevention district, all within the sound discretion of the governing authority. Powers. Page 2647 Section 11. As used in this Act, the term fire prevention may include hydrants, fire stations and the equipment thereof, and such fire engines, material, equipment and supplies, together with the personnel to operate the same as may be necessary to furnish fire protection in one or more portions of the unincorporated area of Walker County. Definitions. Section 12. This Act shall not become effective unless in the general election in 1964 the voters of Walker County shall ratify a proposed amendment to Article VII, Section IV, Paragraph II, of the Constitution authorizing the General Assembly to establish fire prevention districts and provide for the administration of systems of fire prevention therein. If said amendment is approved, this Act shall become effective immediately upon the issuance of the Governor's proclamation of the ratification of said constitutional amendment. Effective date. Section 13. The board of fire district commissioners of each district are hereby authorized to borrow such sums as are necessary in its discretion to effectuate the purposes and construct and maintain the projects hereinbefore authorized, to execute evidence of indebtedness therefore and to secure the payment of such indebtedness by the pledge of tax revenues authorized hereunder therefor, provided, that the area of any fire prevention district within which authorized taxes are pledged as security for any indebtedness shall not be reduced in size or altered in any manner until such indebtedness shall have been paid. Debts. Section 14. 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 1964 Session of the General Assembly, a bill to provide for the establishment of fire prevention districts in Walker County, Georgia, and for other purposes. This 15th day of January, 1964. Page 2648 /s/ Billy Shaw Abney /s/ Wayne Snow, Jr. Representatives, Walker County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Shaw Abney, who, on oath, deposes and says that he is Representative from Walker County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger, which is the official organ of said county, on the following dates: January 15, 1964; January 22, 1964; and January 29, 1964. /s/ Billy Shaw Abney Representative, Walker County. Sworn to and subscribed before me, this 10th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. HARRIS COUNTYPENSION SYSTEM. No. 804 (House Bill No. 1177). An Act to authorize and empower the board of commissioners of roads and revenues (Board of Commissioners of Road and Revenue) for Harris County to establish rules and regulations governing the payment of pensions to county officials and employees of said county; to provide Page 2649 how county officials and employees may make application for retirement pay; to provide how county officials and employees may be classified; to provide the maximum amount of retirement pay or pension that any county official or employee may receive; to provide how present county officials and employees may apply for retirement pay and how future county officials and employees may be authorized to do so; to provide how qualified widows of county officials and employees will be eligible for benefits or pensions; to provide for the naming of wives by county officials and employees as beneficiaries; to provide for the method of raising funds for said purposes and the method and manner of how the same shall be raised; to authorize said board of commissioners of roads and revenues for Harris County to levy a tax for the purpose of paying pensions and to appropriate money therefor; to provide how the widows of county officials and employees killed in the service of the county may be subject to retirement pay or pension fund from said pension fund; to provide that officials and employees of said county under the direct jurisdiction of the county commissioners come under the terms of this Act; to provide that employees of the county school department and appointive and elective officers, and all other employees not under the direct jurisdiction of the county commissioners, shall also be included in the terms of this Act; to provide a pension for veteran officials and regular veteran employees of Harris County, notwithstanding any of the provisions of this Act; to provide that this Act shall take effect immediately on its passage by the General Assembly and approval by the Governor of Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The commissioners of roads and revenues (Board of Commissioners of Road and Revenue) for Harris County, or other lawful county authority, in addition to their other duties and responsibilities placed upon them by law, are empowered to establish rules and regulations governing the payment of pensions to elected and appointed county Page 2650 officials and county employees of Harris County, as in this Act set out. Power to establish. Section 2. It shall be the duty of the governing authorities of said county to pass on all applications from officials and employees of Harris County who may be injured, permanently disabled, or incapacitated by old age, or sickness, or otherwise qualified, under the terms of this Act, for pension, or retirement pay from Harris County; and to pay the same in the manner and form and under the conditions and limitations hereinafter set forth, and subject to the rules and regulations for the same which may be adopted by the commissioners of roads and revenues for Harris County. After granting of such pensions, the pension shall thereafter be paid under the supervision of said county authorities who may discontinue the same in the manner hereinafter set out and prescribed. Pensions. Section 3. The county commissioners, or other lawful county authorities of Harris County, shall be authorized to create a pension fund in the manner and form set out in this Act, and to discontinue the payment of same in the manner and form hereinafter set out, and such other rules and regulations prescribed by the commissioners of roads and revenues for Harris County, Georgia. Pension fund. Section 4. The following classes of officials and employees of said county shall be eligible to receive pensions or retirement pay under the conditions and limitations hereinafter set out, and the following classes of pensions or retirement pay are hereby established: Eligible employees, etc. (a) Any official or regular employee of Harris County (male or female) who has reached the age of sixty (60) years, and who has served well and faithfully for a period of twenty-five (25) years or more (of which said service five (5) years or more must have been immediately preceding the right of said official or employee to have benefits under this Act), may, upon application to said commissioners of roads and revenues for Harris County, be retired from active service, on and/or after April 1, 1964, if in the opinion Page 2651 of the commissioners of roads and revenues for Harris County, such official or employee is entitled under the terms of this Act to said retirement, and said officials or employees, if retired, shall receive for the remainder of his life one-half the amount of the average monthly salary paid such official or employee for a period of five years immediately preceding the time of such retirement, as a pension, provided however, that no pension shall exceed the sum of one hundred fifty 00/100 ($150.00) dollars per month. (b) Any official or regular employee (male or female) of Harris County who shall be permanently and totally disabled while in the performance of his duty as such official or employee, may be granted a pension by the commissioners or roads and revenues for Harris County in an amount not to exceed one-half the average monthly salary paid to such official or employee by said Harris County for a period of five years immediately preceding the permanent and total disability; provided however, that such pension shall in no event exceed the sum of one hundred fifty 00/100 ($150.00) dollars per month; provided further, that the permanent and total disability aforesaid shall be established by the sworn and written statement of at least two competent, reputable and practicing physicians of Harris County, one of whom shall be a regularly appointed county physician; and provided further, that said commissioners aforesaid in regular meeting assembled, shall vote by a majority of said board in favor of granting said pension and retirement pay to such official or employee, and such action of said board shall be spread upon the minutes of such board. The pension provided for in this paragraph may be granted irrespective of the term of service of such official or employee on or after April 1, 1964. Disabled employees. Section 5. All officials and regular employees of Harris County who may come under this Act as hereinbefore set out and as hereafter set out and who shall be eligible for a pension under the terms hereof, shall from and after the date hereinafter set out contribute four per cent (4%) of his or her monthly salary to the pension fund of said county. Said pension fund shall be paid over to the county depository Page 2652 of Harris County as a trust fund for said officials and employees who come under this Act and who may contribute to the same. Said pension fund shall be managed and administered by said commissioners of roads and revenues for Harris County, Georgia. Contributions. Section 6. Said pension and retirement fund shall be maintained as follows: beginning on the first day of the month following the passage of this Act, there shall be deducted from the salaries and wages of the officials and regular employees of Harris County coming under the provisions of this Act the sum of four per cent of the monthly salary of such county employee, but not to exceed twelve 00/100 ($12.00) dollars per month, for each county employee, which shall be paid to the county depository of the county. If pensioner desires that his widow succeed to his pension rights upon his death after retirement on pension, or being eligible to retire, he may do so by designating his wife as beneficiary and by paying additional one per cent of his monthly salary, or an amount not to exceed three 00/100 ($3.00) dollars per month, in the fund, which should entitle his widow to sixty per cent of the pension that he was drawing or entitled to at the time of his death, which shall be paid under the conditions as set out herein. Said one per cent shall be paid from the time the county official or employee becomes a member of the said fund. Provided however, that before his wife or widow shall be eligible to a pension, she must be married to the member or pensioner at least five years before the pensioner becomes eligible for retirement. Same. Section 7. Should any official or employee of said county, who has contributed to said fund, die, resign, or be dismissed from the service of said county, seventy-five (75) per cent of the amount of his contribution to said pension fund shall be returned to said official or employee, or his estate, provided at the time of such dismissal, or resignation, or death, no pension has ever been granted to such official or employee. And provided further, that said county official or employee, in case of death, has made no provision under the terms of Section 6 of this Act for his widow to receive other Page 2653 and further benefits. Should any official or employee of Harris County, who resigned, or has been dismissed from the service of Harris County, and who has been paid the amount hereby authorized to be paid to such resigned or dismissed official or employee, he or she shall not be eligible for a pension again unless and until such official or employee repays into such pension fund the amount that was heretofore withdrawn by him or her from said fund. After an official or employee is granted and begins to receive a pension, such official or employee shall no longer be required to contribute to the pension fund. Return of contributions, etc. Section 8. Upon the effective date of this Act, it shall be lawful for said commissioners of roads and revenues for Harris County to deduct from the monthly salary of the officials and employees who are eligible to receive pensions under this Act four per cent of the monthly salary, and an additional one per cent of said monthly salary provided said official or employee has designated his wife as beneficiary to succeed to his right as pensioner upon his death, after retirement on pension, or being eligible to retire, and place the same with the treasurer of said county as a pension fund aforesaid. The amount or amounts of money which each of said officials or employees thus contributes to said pension fund and which is thus deducted from the salary of said official or employee shall not be subject to garnishment, or other process, nor shall it be subject to assignment by said official or employee. Contributions. Section 9. (a) Upon the death of any county official or employee who is eligible to receive a pension under the terms of this Act, and who has contributed to said pension in this Act set out, that it shall be lawful for the said commissioners of roads and revenues for Harris County to pay to the duly constituted executor, administrator, or other lawful representative of said deceased person such sum as said official or employee may have contributed to said pension fund, less twenty-five (25) per cent thereof, and provided further that said deceased official or employee has made no provision under the terms of this Act, section 6, for his widow to receive other and further benefits, and provided said deceased official or employee has never received any pension fund or Page 2654 retirement pay under the terms of this Act and the rules and regulations of the commissioners in carrying out the terms of this Act. Pensions. (b) Should a retired official or employee die without having received in retirement funds a sum equal to the amount he or she had paid into the retirement fund, then the difference between the amount paid into the fund by the official or employee and the amount received by the official or employee in benefits shall be paid in regular monthly installments or in a lump sum, at the discretion of the board to the heirs-at-law of said deceased official or employee, or to any person, firm or corporation designated by such official or employee in writing before his or her death, or to his personal representative, provided that such deceased official or employee has made no provision under the terms of section 6 of this Act for his wife to receive other and further benefits. Return of contributions. Section 10. Supplementing said pension fund contributed and paid as aforesaid by said officials and employees of Harris County, there shall be an amount appropriated by the commissioners of roads and revenues for Harris County, which shall be sufficient at all times to pay any and all pensions which may be granted under the terms and provisions of this Act. And the said commissioners of roads and revenues for Harris County are hereby authorized and empowered to levy taxes and appropriate money for the purpose of supplementing the said pension fund and paying pensions to its said officials and employees and their widows as provided under the terms and provisions of this Act. County contributions. Section 11. Nothing in this Act shall be construed to deprive any present official or employee of the commissioners of roads and revenues for Harris County of the number of years of service in the employ of said county which he or she has to his or her credit in determining the right of such official or employee to a pension at any time hereafter. The number of years which any official or employee of said county, who is eligible to a pension and who comes under the provisions of this Act, has heretofore served in the employ of Harris County, shall be preserved and shall be Page 2655 counted and computed to his or her credit and in his or her behalf when said official or employee applies for a pension under the terms of this Act and under any of the classes herein established. Prior service. Section 12. Upon the death of any pensioner of any of the classes set forth in this Act, his or her pension shall cease and determine and shall not continue to be paid to his or her heirs (provided that said deceased official or employee has made no provisions under the terms of section 6 of this Act for his widow to receive other and further benefits), executors and administrators. Pensions. Section 13. If any regularly appointed and acting county policeman, or other official or regular employee of said county, shall be killed in the performance of such official's or employee's duty as such policeman, or such other official or regular employee his widow shall be eligible to receive a pension under the existing laws pertaining to pensions for officials and employees of said county, such pension in no event to exceed the sum which said policeman, or other official or employee, would be eligible to receive under the terms of this Act setting out how such officials and employees are to receive pensions; said sum to be paid to the widow, only so long as she remains unmarried. Payments to widows. Section 14. The county employees who come under the terms of this Act, and who are to receive the pension and retirement benefits under this Act, are such regular employees of Harris County hired by the board of commissioners of roads and revenues for Harris County (namely: warden, deputy warden, guards, and other employees at county public works camp; superintendent and other employees at county farm; county police, clerk of the board of county commissioners; assistant clerk or clerical employees in the commissioner's office; and janitors at the court house and county buildings) who are under the exclusive control and supervision of said county commissioners and who receive their entire monthly salary or compensation from Harris County through the board of county commissioners, and it is intended that this Act shall be mandatory in its application to such employees as in this section named, that is, the Page 2656 employees directly employed by, and who are under the exclusive control and supervision of the board of commissioners of roads and revenues for Harris County, Georgia. Eligible employees. Section 15. County officers elected by the people, their deputies, and clerks in the various departments where the heads of the such departments are elected by the people; employees of the county school department, and elective officers; employees of the department of family and children services; and all the other elected, appointed or hired personnel of Harris County who are not directly under the control of the board of county commissioners of roads and revenues for Harris County, are also included in the terms of this Act. Same. Section 16. As to any of the officials or employees that come under the terms of this Act, and as to which the Act is mandatory, upon their reaching the age of sixty (60) years and who have served twenty-five (25) years with the county, whether continuous or not, they may be retired by said board of commissioners of roads and revenues for Harris County, Georgia, and receive on such retirement thereafter for the balance of the term of their natural lives the same monthly pay that they would be entitled to had they voluntarily applied for retirement. Retirement. Section 17. The commissioners of roads and revenues for Harris County, shall have authority and power to enact by ordinance, resolution or other formal action, any and all reasonable rules and regulations which it may deem necessary for the proper administration and enforcement of this Act with reference to pensions and retirement fund. Rules. Section 18. No official or employee of Harris County shall become eligible to receive the benefits of the pension funds, or retirement pay under the terms of this Act (except as hereinafter specifically provided for veteran officials and regular veteran employees who have reached the age of sixty (60) years, and who have served Harris County well and faithfully for a period of twenty-five (25) years' continuous service immediately preceding the passage of this Act, and who does not desire to qualify and become Page 2657 eligible to receive pension or retirement pay under the conditions and limitations set forth in section 4, Subparagraphs (a) and (b) of this Act) until April 1, 1964, at which time the commissioners of roads and revenues for Harris County are authorized to commence the payment of pensions or retirement pay to officials and employees qualifying under the terms of this Act. Eligible employees. Section 19. Notwithstanding any of the terms, conditions and provisions of this Act, any veteran official or regular veteran employee of Harris County having reached the age of sixty (60) years, and who having served Harris County well and faithfully for a period of twenty-five (25) years, or more, continuous service immediately preceding the passage of this Act, and who does not desire to qualify and become eligible to receive a pension or retirement compensation under the conditions and limitations as set forth in section 4, subparagraphs (a) and (b) of this Act, shall be entitled to receive as pension or retirement compensation in the sum of fifty 00/100 ($50.00) dollars per month, beginning on the first day of the month, immediately following the passage of this Act, provided however, said official's or employee's application for pension or retirement pay under this section of said Act is approved by the commissioners of roads and revenues for Harris County and no limitations as to the duration or continuity of service, or any other provisions of this Act as prescribed, laid down, or set forth in this Act shall apply to said veteran official or regular veteran employee, and provided further however, that nothing in this section shall be construed as conferring the right to a pension to any dependent of said veteran official or regular veteran employee, or to his widow after his death, but the benefits conferred by this section of this Act shall be limited to the said veteran official or regular veteran employee qualifying under the terms of this section, personally, for and during his natural life. Veteran employees, etc. Section 20. The commissioners of roads and revenues for Harris County shall have authority to receive gifts or donations of money or property, real or personal, for the pension or retirement fund; to invest the pension or retirement Page 2658 funds in bonds that executors, administrators, or guardians are authorized to invest in under the laws of this State. Gifts, etc. Section 21. This Act shall be liberally construed to effect the purposes hereof. Intent. Section 22. 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 next regular session of the General Assembly of the State of Georgia a bill to establish a retirement or pension system for present and future employees of this county; to authorize the commissioners of roads and revenues of this county to levy and collect a tax for the purpose of defraying the county's portion of the expenses of said system; to provide for the classification of county employees; to provide the method for employees to apply for retirement pay; to establish rules and regulations governing the payment of retirement pay or pensions to employees of said county; and for other purposes. Commissioners of Roads and Revenues of Harris County, Georgia By: Vance C. Smith, Chairman. Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Burton Steis, who, on oath, deposes and says that he is Representative from Harris County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Harris County Journal, which is the official organ of said County, on the following dates: January 9, 16 and 23, 1964. /s/ William Burton Steis, Representative, Harris County. Page 2659 Sworn to and subscribed before me, this 11th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. CITY OF AUGUSTAWATER SERVICE. No. 805 (House Bill No. 1184). An Act to amend the charter of the City of Augusta incorporated as the city council of Augusta (Ga. L. 1798) as amended by an Act entitled An Act to authorize the city council of Augusta to require the grading, paving, macadamizing or otherwise improving for travel or drainage, any of the streets or public alleys of the City of Augusta, to make and collect assessments for the same, and for other purposes., approved August 19, 1916 (Ga. L. 1916, p. 549-551) so as to authorize the city council of Augusta to require the owners of property abutting on streets to be graded, paved, macadamized or otherwise improved, to install connections with the municipal water system and on their failure so to do cause the said connection to be made for and in behalf of the said property owners and to assess the charge therefor against the said property owners, the same to constitute a lien against the property affected thereby; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the charter of the City of Augusta, incorporated as The City Council of Augusta by an act approved January 31, 1798 (Ga. L. 1798) as amended by the various amendatory acts thereof and particularly as amended by an act approved August 19, 1916 (Ga. L. 1916, Page 2660 pp. 549-551) is hereby further amended as hereinafter provided. Section 2. By adding a new paragraph to said act approved August 19, 1916 (Ga. L. 1916, pp. 549-551) to be known as sec. 5.1, to provide as follows: 5.1 The city council of Augusta shall have full power and authority, in connection with the grading, paving or otherwise improving, of any street or public alley of said city, to require on reasonable notice, the owner or owners of any vacant lot fronting on and abutting such street or public alley, to have installed and pay for a connection or tap from the water to main forming a part of the water system of the city council of Augusta and located in such street or public alley, to the sidewalk immediately in front of and on which such lot abuts; provided however, that if such connection or tap has not been applied for, and the cost thereof not deposited with the water works department, within thirty (30) days after notice so to do by the city council of Augusta, acting through its commissioner of public works, the city council of Augusta may cause said connection or tap to be made and assess the charge therefor, as the same may be determined by ordinance of said city council, to the property owner for whom said connection is made. The amount of such assessment shall be a lien against said property, from the date of said notice in writing to the property owner for whom the connection is made and the city council of Augusta shall have authority to enforce the collection thereof in the same manner as assessments for sidewalks are enforced, as the same is set forth in an act amending the charter of the city council of Augusta, adopted December 23, 1896 (Ga. L. 1896, p. 121). Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January-February, 1964 Session of the General Assembly of Georgia: Page 2661 An Act to amend the charter of the City of Augusta, incorporated as the city council of Augusta by an act approved January 31, 1798 (Ga. L. 1798) and the several amendatory acts thereof, so as to provide that the cost of cuts made in pavement for water services be enforceable by lien against the abutting property; and for other purposes. E. D. Fulcher, City Attorney, The City Council of Augusta. State of Georgia Richmond County Personally appeared, Marie LeRoy, who being duly sworn says that she is an officer of Southeastern Newspapers Corporation, publishers of The Augusta Herald, a daily newspaper in Augusta, in said State and County, and that the advertisement Notice of Intention to Apply for Local Legislation duly appeared in said newspaper on the following dates to wit: December 20, 27, 1963; January 3, 1964. /s/ Marie LeRoy, Secretary. Sworn to and subscribed before me, this 6th day of January, 1964. /s/ Katie Broadwater, Notary Public, Richmond County, Georgia. My Commission Expires Jan. 13, 1964. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January-February, 1964 Session of the General Assembly of Georgia: An Act to amend the charter of the City of Augusta, incorporated as the city council of Augusta by an Act approved January 31, 1798 (Ga. L. 1798) and the several amendatory Acts thereof, so as to provide that the cost of cuts made in Page 2662 pavement for water services be enforceable by lien against the abutting property; and for other purposes. E. D. Fulcher, City Attorney, The City Council of Augusta. State of Georgia Richmond County Personally appeared, W. S. Morris, who being duly sworn says that he is an officer of Southeastern Newspapers Corporation, publishers of The Augusta Herald, a daily newspaper in Augusta, in said State and County, and that the advertisement Notice of Intention to Apply for Local Legislation duly appeared in said newspaper on the following dates to wit: December 20, 27, 1963; January 3, 1964. /s/ W. S. Morris, President and Publisher. Sworn to and subscribed before me, this 12th day of February, 1964. /s/ Katie Broadwater, Notary Public, Richmond County, Georgia. My Commission Expires Jan. 14, 1968. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January-February, 1964 Session of the General Assembly of Georgia: An Act to amend the charter of the City of Augusta, incorporated as the city council of Augusta by an Act approved January 31, 1798 (Ga. L. 1798) and the several amendatory Acts thereof, so as to provide that the cost of cuts made in pavement for water services be enforceable by lien against the abutting property; and for other purposes. E. D. Fulcher, City Attorney, The City Council of Augusta. Approved March 10, 1964. Page 2663 CITY OF HAWKINSVILLEELECTIONS, ETC. No. 806 (House Bill No. 1185). An Act to amend an Act entitled An Act to create a new charter for the City of Hawkinsville, to revise, consolidate and amend the several Acts pertaining thereto and for other purposes., approved December 18, 1902 (Ga. L. 1902, p. 446) as amended, so as to change the hours for voting in certain elections; to clarify charter provisions relative to election managers; to clarify charter provisions relative to oaths to be taken by electors in the city; to change the period of time during which voter registration books will be open for registration purposes; 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 Hawkinsville, to revise, consolidate and amend the several Acts pertaining thereto and for other purposes., approved December 18, 1902 (Ga. L. 1902, p. 446), as amended, is hereby amended by striking section 55 in its entirety and by inserting in lieu thereof a new section 55 to read as follows: Section 55. All elections held under the provisions of this charter, and all elections in which any subject, if submitted to the qualified voters of the City of Hawkinsville, shall be superintended and managed by some judicial officer and two freeholders, or by three freeholders, all of whom reside in the City of Hawkinsville, and each of said managers before entering upon his duties shall take and subscribe before some competent officer, or before one of their number, the following oath: `We, and each of us, do swear that we will faithfully and impartially conduct this election and prevent all illegal voting to the best of our skill and power, so help us God.' Said managers shall keep, or cause to be kept, two lists of voters and two tally-sheets. All elections shall be held at the city hall and shall be by secret ballot. The polls shall open at 7:00 o'clock a.m. and close at 5:00 o'clock p.m. The winners of such elections shall receive Page 2664 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 the ordinary of Pulaski County 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. The managers of all elections held under the provisions of this charter shall be chosen by the board of commissioners of Hawkinsville, who shall provide for the pay of managers and their clerks; provided, however, that if the managers as chosen fail to act, then the board of commissioners shall appoint other managers. So far as possible all the provisions of this charter on the subject of elections shall apply to primary elections held in said city. Section 2. Said Act is further amended by striking from section 56 thereof the words twenty-one and by inserting in lieu thereof the word eighteen, so that when so amended said section 56 shall read as follows: Section 56. Be it further enacted by the authority aforesaid, That in case the managers of any election shall have any reasonable doubt as to the qualifications of any voter, or should any vote be challenged, they shall administer to said voter the following oath: `You do swear that you are a citizen of the State of Georgia, that you have attained the age of eighteen years, that you have resided one year in this State, and for the last six months within the corporate limits of the city of Hawkinsville, and have paid all taxes legally required of you by said city of Hawkinsville, so help you God'. Electors. Section 3. Said Act is further amended by striking section 69 thereof in its entirety and by inserting in lieu thereof a new section 69 to read as follows: Section 69. The city clerk, or if the clerk of the board of commissioners shall be sick or absent, then some person appointed by the board of commissioners shall open at the Page 2665 clerk's office, or at such other place as may be designated by the board of commissioners for that purpose, on the 15th day of September in each year a list for the registration of voters for said city, which list shall be kept open every day except Sunday during regular office hours from that day through the last day of October of each year inclusive, when said list shall be finally closed; 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, the street on which he lives and his occupation. Such person, before registering his name, shall in each case subscribe before the clerk or such other person in charge of said registration list the following oath: `You do swear (or affirm) 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 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.' The clerk or other person in charge of the registration list shall be authorized to administer the foregoing oath. The city clerk or other person in charge shall furnish the managers of said election with a copy of said list 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 Board of Commissioners may prescribe. Voter registration. The city clerk shall be further required to keep a book to be called and known as the Permanent Qualification Book, upon which all persons desiring to qualify as electors shall be required to qualify as now required by the charter of said city. Such electors, upon qualification, shall sign their names in alphabetical order and shall be subject to examination by the board of commissioners of Hawkinsville. Said board of commissioners shall have the right and shall be charged with the duty of examining each two years the qualifications of each elector entered thereon. Each election year the city clerk shall make up the registration list as now provided by the charter of said city by putting on such registration list the names of such electors Page 2666 as appear on such permanent qualification book who shall have paid all taxes due and required of them at least thirty days prior to the election for which the registration list is made up. The electors who have qualified and have signed the permanent qualification book shall not thereafter be required to register or further qualify, except as may be required by the board of commissioners. And such electors shall in all cases be entitled to receive the same notice and shall have the same rights as now given by the charter of said city. When any person desires to vote he may be challenged and required to take in addition to the oath now required the following oath: `I do solemnly swear that I am (here insert name the same as on registration list); that I duly qualified as a permanent elector, and at the time gave my address (here insert address given in registration book) that I have for the last six months resided at the following address (here give detailed addresses during last six months with such particularity that the same can be readily verified or disproved)'. Section 4. 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 1964 session of the Georgia General Assembly to amend the charter of the City of Hawkinsville. To provide an extended registration period for city voters and to amend the charter so that the hours of elections in the city shall be from 7 a.m. until 5 p.m. 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, Page 2667 who, on oath, deposes and says that he is Representative from Pulaski County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hawkinsville Dispatch and News, which is the official organ of said County, on the following dates: January 8, 15 and 22, 1964. John H. Anderson, Jr., Representative, Pulaski County. Sworn to and subscribed before me, this 11th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. HARRIS COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 807 (House Bill No. 1188). An Act to amend an Act entitled An Act to fix the compensation of the members of the board of commissioners of roads and revenues of Harris County, Georgia, and for other purposes, approved July 27, 1921 (Ga. L. 1921, p. 489), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2442), so as to change the compensation of the members of the board of commissioners of roads and revenues of Harris 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 members of the board of commissioners of roads and revenues of Harris County, Georgia, and for other purposes, approved July 27, 1921 (Ga. L. 1921, p. 489), as Page 2668 amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2442), is hereby amended by striking in its entirety Section 1 and substituting in lieu thereof a new section 1 to read as follows: Section 1. Be it enacted that from and after the passage of this Act, that the chairman of the board of commissioners of roads and revenues of said county shall receive as compensation for his duties in connection with the office, the sum of $125.00 per month as salary, and an allowance not to exceed $50.00 per month as expenses within the county. The two other members of said board shall each receive the sum of $100.00 per month as salary, and an allowance not to exceed $50.00 per month as expenses within the county. In addition thereto, all members shall receive reimbursement for actual expenses incurred when traveling on county business outside of the limits of Harris County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that a bill will be introduced in the 1964 session of the Georgia General Assembly to change the salary and compensation of the commissioners of roads and revenues of Harris County, Georgia, and for other purposes. Vance E. Smith, Chairman, Commissioners of Roads and Revenues of Harris County, Georgia. Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Burton Steis, who, on oath, deposes and says that he is Representative from Harris County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal, which is the official Page 2669 organ of said County, on the following dates: January 23, 1964; January 30, 1964; and February 6, 1964. William Burton Steis, Representative, Harris County. Sworn to and subscribed before me, this 11th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. CITY OF FORT VALLEYELECTIONS, OFF STREET PARKING. No. 808 (House Bill No. 1190). An Act to amend an Act entitled An Act to amend, revise and consolidate the several Acts granting corporate authority to the Town of Fort Valley; to confer additional powers upon the mayor and council of Fort Valley; to have the same incorporated as a city; to extend the corporate limits of said city, and for other purposes., approved August 22, 1907 (Ga. L. 1907, p. 651), as amended, so as to change the provisions of the charter relating to the hours of holding municipal elections; to authorize the mayor and council to purchase real estate for the purpose of providing off-street parking facilities for motor vehicles; 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 and consolidate the several Acts granting corporate authority to the Town of Fort Valley; to confer additional powers upon the mayor and council of Fort Valley; to have the Page 2670 same incorporated as a city; to extend the corporate limits of said city, and for other purposes., approved August 22, 1907 (Ga. L. 1907, p. 651), as amended, is hereby amended by striking Section 6 in its entirety and by inserting in lieu thereof the following: Section 6. The mayor and city council of Fort Valley shall by ordinances prescribe one or more voting places, or election precincts, within said city, and the polls at every such election shall open at 7:00 a.m. and close at 7:00 p.m., according to the legal time prevailing in the State of Georgia. The person or persons receiving the highest number of votes cast at such election for mayor and aldermen, respectively, shall be declared elected. Elections. Section 2. Said Act is further amended by adding at the end of section 2 a new paragraph to read as follows: The mayor and city council of the City of Fort Valley shall, in addition to all other powers, have the authority to purchase real estate within the jurisdictional limits of the City of Fort Valley for the purpose of providing off-street parking facilities for motor vehicles., Off street parking. so that when so amended said section 2 shall read as follows: Section 2. Be it further enacted, That the municipal Government of the City of Fort Valley shall consist of a mayor and six aldermen, who are hereby constituted a body corporate under the name and style of the mayor and city council of Fort Valley, 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, hold, receive, enjoy, possess and retain to them and their successors, for the use of the City of Fort Valley, any estate or estates, real or personal, of whatever kind or nature, within and without the jurisdictional limits of said city for corporate purposes; and shall by the said name be capable of suing and being sued in any court of law or equity in this State, and shall succeed to all the rights and liabilities of the corporate body, the mayor and council of the town of Fort Valley; provided, Page 2671 that until the election and qualification of the mayor and aldermen of said city, as hereinafter provided, the mayor and aldermen of the town of Fort Valley, who are in office up to and at the time of the passage of this Act, shall be and constitute the mayor and city council of Fort Valley and shall be and are hereby clothed with all the powers and authority in this Act enumerated for the government and control of all matters pertaining to the peace, good order and public interests of said city; and provided further, that any casual vacancies in the present board of aldermen shall be filled by appointment by a majority vote of the present council, including the mayor, who shall have a vote in said appointment, and in case of a vacancy caused by the resignation, death or incapacity of the present mayor, the vacancy shall be filled by a majority vote of the aldermen, the appointee in every case to be a qualified voter of said city. The mayor and city council of the City of Fort Valley shall, in addition to all other powers, have the authority to purchase real estate within the jurisdictional limits of the City of Fort Valley for the purpose of providing off-street parking facilities for motor vehicles. 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, 1964, Session of the General Assembly of Georgia a bill to amend the charter of the City of Fort Valley to provide a change in the hours for holding municipal elections, and to provide authority for the mayor and council of the City of Fort Valley to purchase real estate for off-street parking. Signed this January 22nd, 1964. /s/ George B. Culpepper, III City Attorney /s/ D. W. Wells, Representative. Page 2672 Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, D. Warner Wells, who, on oath, deposes and says that he is Representative from Peach County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Leader-Tribune, which is the official organ of said county, on the following dates: January 23, 1964; January 30, 1964; February 6, 1964. /s/ D. Warner Wells, Repre- sentative, Peach County. Sworn to and subscribed before me, this 12th day of February, 1964. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 10, 1964. MURRAY COUNTYCOMPENSATION OF COMMISSIONER OF ROADS AND REVENUES, REFERENDUM. No. 809 (House Bill No. 1193). To be entitled an Act to amend an Act creating a one-member board of commissioners of roads and revenues of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, particularly by an Act approved February 15, 1957 (Ga. L. 1957, p. 2136), so as to change the compensation of the commissioner; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Page 2673 Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a one-member board of commissioners of roads and revenues of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, particularly by an Act approved February 15, 1957 (Ga. L. 1957, p. 2136), is hereby amended by striking from section 7 the words and figures forty-eight hundred dollars ($4,800.00) per annum and inserting in lieu thereof the words and figures six thousand five hundred dollars ($6,500.00) per annum, to that when so amended, section 7 shall read as follows: Salary. Section 7. Be it further enacted by the authority aforesaid that in the event it is declared that said boards of roads and revenues shall on and after January 1, 1941, consist of only one man, the member so elected shall specify one regular day of each week, and the first Tuesday of each month in which he shall remain in his office at the courthouse of said county, for the transaction of public business in connection with his office, and the remainder of the working time of each month, unless necessarily required for the transaction of public business in his office, shall be devoted to the personal supervision of laying out road work, investigation of roads and bridges or other public property, the measure and delivery of supplies to the convict camp, the direction and management of said camp or camps, and generally to the affairs of the county. He shall devote his entire time to the discharge of his duties, and during his incumbency in office shall not engage in any business enterprise or accept any other responsibility which would interfere with the discharge of his duties. Before entering upon the duties of his office, he shall take and subscribe to an oath for the faithful discharge of his duties as required herein, and shall enter into a bond in the sum of ten thousand dollars ($10,000.00), with good and sufficient security, which bond shall be payable to and approved by the ordinary of said county, and conditioned for the faithful discharge of the duties of his office and the faithful accounting for all property and funds coming into his hands by virtue of his office. He shall be compensated in the amount of six thousand five hundred dollars ($6,500.00) per annum, to be paid in equal Page 2674 monthly installments, and shall be allowed his expenses, not to exceed twenty-five dollars ($25.00) per month. Section 2. In the event this Act is approved in the referendum provided for hereinafter, the provisions of section 1 shall become effective January 1, 1965. Effective date. Section 3. After the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Murray County to submit this Act to the voters of Murray County for approval or rejection on the second Wednesday of September, 1964. 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 Murray County. The ballot shall have written or printed thereon the words: For approval of the Act changing the compensation of the Commissioner of Roads and Revenues of Murray County. Against approval of the Act changing the compensation of the Commissioner of Roads and Revenues of Murray 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 a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If less than a majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by Murray 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. Page 2675 Notice is hereby given that I intend to introduce in the General Assembly of the State of Georgia a bill to increase the salary of the commissioner of roads and revenue of Murray County, Georgia, from $4800 to $6500, effective January 1, 1965. /s/ Gerald H. Leonard, Representative, Murray, County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald H. Leonard, who, on oath, deposes and says that he is Representative from Murray County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Chatsworth Times, which is the official organ of said county, on the following dates: January 30, 1964; January 23, 1964; and February 6, 1964. /s/ Gerald H. Leonard, Representative, Murray County. Sworn to and subscribed before me, this 12th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. Page 2676 CITY OF MACONVOTER REGISTRATION. No. 810 (House Bill No. 1195). 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 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 reenacting any section or sub-section of said Act or Acts; to repeal sections 5, 6 and 7 of said Act of 1927, as heretofore amended, changed or reenacted, relating to registration of voters, oath of applicants for registration, deadline for registration, voter qualifications, application to vote, use of county registration lists and purging thereof, compilation and use of voters lists, naming the city registrar and authorizing selection of deputy registrars, and providing for notice of and appeal from decisions of the registrar; to enact in lieu thereof three new sections to be known as sections 5, 6 and 7, relating to the same subject matter and making specific provisions for the establishment of registration machinery for the City of Macon, establishing a deadline for registration for particular elections, naming a city registrar, authorizing and providing for the selection of deputy registrars, use of county voting for the selection of deputy registrars, use of county voting lists, additions and deletions thereto, providing for determination and payment of costs of such lists, providing for the compilation of a city voters lists and additions and deletions thereto, and providing for notice of and a method of appeal from decisions of the city registrar; to repeal any laws or parts of laws in conflict herewith; and for other purposes. Page 2677 Be it enacted by the General Assembly of Georgia: Section 1. An Act approved August 3, 1927, entitled: An Act to reenact 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 reenacting any section or sub-section of said Act or Acts, is hereby further amended as follows: (A) By striking therefrom and repealing section 5, as heretofore amended, changed or reenacted, relating to registration of voters, voter qualifications, oath of applicants for registration, application to vote and deadline for registration, and enacting in lieu thereof a new section to be known as section 5, which said section shall read as follows: Section 5. Voter Registration; Deadline for Registration . (a) Any person qualified to vote under the laws of Georgia who has been a resident of the City of Macon for three months, who is registered to vote in the county of his residence, shall be eligible to vote in elections, primaries and referenda held by the City of Macon without further registration in accordance with the provisions and conditions hereinafter set forth. (b) Any person registering after the second Tuesday in May in years in which a general city election is scheduled shall not be eligible to vote in the general city election that year nor in any primary, special election or referendum held between the date of their registration and such general city election. A person who is registered more than 20 days prior Page 2678 to any election or referendum not covered above shall be eligible to vote in such election or referendum. (B) By striking therefrom and repealing section 6, as heretofore amended, changed or reenacted, relating to use of county registration lists and purging thereof, and notice of and appeal from decisions of the registrar and enacting in lieu thereof a new section to be known as section 6, which said section shall read as follows: Section 6. Registrar and deputy registrars; Use of County Voting Lists . (a) The treasurer of the City of Macon shall be the city registrar. The mayor of the City of Macon shall appoint, subject to confirmation by the council, a sufficient number of deputy registrars to discharge the duties involved in maintaining registration lists. (b) On the second Tuesday in May of 1964, the city registrar shall obtain from the board of registrars of each county in which any portion of the City of Macon is situated a complete list of the registered voters, duly certified, who are qualified to vote in such county and who reside within the corporate limits of the City of Macon and such list shall show the word, militia district, voting precinct and address of each such voter. Thereafter, periodically, and at least annually on the second Tuesday in May, the city registrar shall obtain a list of additions and deletions to the county registration lists or new and revised county registration lists. The city registrar shall also obtain a list of additions and deletions from the said boards of registrars 15 days prior to any city election, primary or referendum other than the general city election and shall revise the city voters list. The City of Macon shall reimburse the county authorities for furnishing such lists, the price to be paid to be mutually agreed upon or determined by arbitration as provided in Chapter 7-2 of the Georgia Code Annotated. The action of any board of arbitrators shall be conclusive and the compensation awarded by it shall be paid. (C) By striking therefrom and repealing section 7, as heretofore amended, changed or reenacted, relating to the compilation and use of voters lists and the naming of deputy Page 2679 registrars and enacting in lieu thereof a new section to be known as section 7, which said section shall read as follows: Section 7. City Voters Lists; Notice of and Appeal from Registrar's Decisions; Application to Vote . (a) From the lists obtained from county officials, the city registrar and deputy registrars shall compile a city voters list alphabetically by wards. As additions and deletions are received from county officials, appropriate changes shall be made in the city registration list. (b) Registered residents of the City of Macon shall notify the city registrar of any change in residence. When the city registrar has reason to believe a registered voter has moved out of the city, or for any other reason is not qualified to vote, he shall delete the name of such person from the city voters list, after giving such person notice by mail addressed to the address shown on the voters list stating the action taken and the reason therefor. Failure to controvert the facts stated in the notice within fifteen days after mailing of the notice shall be deemed prima facie proof of the correctness of the action taken. Where the person presents satisfactory evidence within fifteen days that the removal was in error, the voter's name shall be restored to the city voters list. (c) Any person desiring to vote in any city election, primary or referendum shall execute an application to vote, giving his name, age and then current residence address. If the address on the application to vote shall differ from that shown on the voters list, the election manager shall determine whether the address as shown on the application to vote is within the corporate limits of the City of Macon. If the applicant still resides within the city as shown by the application, he shall be permitted to vote; otherwise, he shall not be allowed to vote. Applications to vote shall be filed by the election manager with the city registrar who shall cause the voters list to be amended to conform to the addresses shown on the applications to vote. Applications to vote may be destroyed by the registrar after 60 days after the election, primary or referendum in which they were executed. Upon the request of any person unable to execute Page 2680 the application to vote, an election manager may act as scrivener for the applicant. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for passage of local legislation at the 1964 session of the General Assembly of Georgia to amend the charter of the City of Macon to provide that all residents of the City of Macon who are legally qualified and registered to vote in the county of their residence shall be qualified and entitled to vote in any election, primary or referendum held by the City of Macon; to provide for the obtaining of county voter lists by the city; to provide for future additions and deletions to the same; and to repeal all conflicting laws. This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the Constitution of the State of Georgia of 1945. This the 23rd day of December, 1963. /s/ Trammell F. Shi, City Attorney. 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: December 27, 1963; January 3, 1964; January 10, 1964. /s/ Mitchel P. House, Jr., Representative, Bibb County. Page 2681 Sworn to and subscribed before me, this 11th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. APPLING COUNTYOFFICERS PLACED ON SALARY BASIS, REFERENDUM. No. 811 (House Bill No. 1198). An Act to abolish the present mode of compensating the sheriff, the clerk of the superior court, the tax collector, and the tax receiver of Appling County, known as the fee system; to provide in lieu thereof annual salaries for such officers; to provide that all fees, costs, or other emoluments of each of said officers shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide that the sheriff and the clerk of the superior court shall submit an annual budget; to provide for periodic statements; to provide for the payment of the operating expenses of said officers; to provide for certain employees; to provide for the compensation for such employees; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the sheriff, the clerk of the superior court, the tax collector, and the tax receiver of Appling County, known as the fee system, is hereby abolished and in lieu thereof annual salaries for such officers are prescribed as hereinafter provided. Placed on salary basis. Section 2. The sheriff of Appling County shall receive an annual salary of $7,200.00 per annum, payable in equal Page 2682 monthly installments from the funds of Appling County. The sheriff shall have the authority to appoint one deputy who shall be compensated in the amount of $4,200.00 per annum, payable in equal monthly installments from the funds of Appling County. The sheriff shall also have the authority to appoint one secretary who shall be compensated in the amount of $1,500.00 per annum, payable in equal monthly installments from the funds of Appling County. Sheriff. Section 3. The clerk of the superior court shall receive an annual salary of $7,200.00 per annum, payable in equal monthly installments from the funds of Appling County. The clerk of the superior court shall have the authority to appoint one secretary who shall be compensated in the amount of $2,400.00 per annum, payable in equal monthly installments from the funds of Appling County. Clerk of superior court. Section 4. The tax collector of Appling County shall receive an annual salary of $6,900.00 per annum, payable in equal monthly installments from the funds of Appling County. The tax collector shall have the authority to appoint one secretary who shall be compensated in the amount of $2,100.00 per annum, payable in equal monthly installments from the funds of Appling County. Tax collector. Section 5. The tax receiver of Appling County shall receive an annual salary of $3,000.00 per annum, payable in one lump sum on August 1 of each year or on the date on which the tax receiver certifies, under oath, that the tax digest and tax returns have been completed, whichever occurs first. The tax receiver shall have the authority to appoint an assistant for twenty (20) days at $10.00 per day when preparing the tax digest. Such assistant shall be paid on August 1 of each year or upon certification from the tax receiver that the preparation of the tax digest has been completed, whichever occurs first. Tax receiver. Section 6. After the effective date of this Act, said officers shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in any Page 2683 capacity in their respective offices, and shall receive and hold the same in trust for said county as public monies, and shall pay the same to the county fiscal authority on or before the 10th day of each month next following the month in which they were collected or received. At the time of each such monthly payment, each of said officers shall also furnish the county fiscal authority a detailed, itemized statement, under oath, of all such funds received during the preceding month. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 7. It shall be within the sole power and authority of each of said officers, during his respective term of office, to designate and name the person or persons who shall be employed as deputies, secretaries, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Deputies, etc. Section 8. The fiscal year of the sheriff of Appling County shall commence on January 1 and end on December 31 of each year. At such time as is designated for preparation of county budgets, but in any event no later than October 1 of each year, the sheriff shall certify to the governing authority of Appling County a proposed budget of expenditures for the carrying out of the powers, duties and operations of his office for the ensuing fiscal year. The sheriff shall submit with the proposed budget his sworn certificate, stating that the proposed expenditures are reasonable and necessary for the proper and efficient operation of the office for the ensuing year. Each proposed budget shall show the estimated amounts of all proposed expenditures for operating and equipping the sheriff's office and jail other than construction, repair or capital improvement of county buildings during said fiscal year. The expenditures shall be itemized as follows: Sheriff's budget. (a) Expenses, other than salaries. (b) Equipment. (c) Investigations. Page 2684 (d) Such other items as may be required by the governing authority. The sheriff shall furnish to the governing authority of Appling County all relevant and pertinent information concerning expenditures made in previous years and to the proposed expenditures which said governing authority of the county shall deem necessary, except that the governing authority of the county may not require confidential information concerning details of investigations. The governing authority of the county, may require the sheriff to correct mathematical, mechanical, factual and clerical errors, and errors as to form in the proposed budget. Not later than December 1 of each year, the governing authority of Appling County may amend, modify, increase or reduce any or all items of expenditure in the proposed budget and, said budget as fixed by said governing authority shall be the budget for said officer for the ensuing fiscal year and all expenses connected with the sheriff's office shall be paid from county funds in accordance with said budgetary provisions. All purchases required by the sheriff's office shall be made in accordance with procedure prescribed for other purchases made by the county. If in the judgment of the sheriff an emergency should arise by reason of which the sheriff would be unable to perform his duties without the expenditure of larger amounts than are provided in the current budget, he may apply to the governing authority of Appling County for appropriation of additional amounts. The governing authority shall then act upon the request for additional funds within fifteen days from the submission of the request by making available to the sheriff such sums of money as will be needed to meet said emergency as shall be determined by the governing authority, or by refusing to make any such funds available. For those fiscal years immediately following that year in which sheriffs are elected, it shall be the duty and responsibility of the sheriff-elect to submit the proposed budget as provided for hereinabove not later than December 1 after his election. It shall be the duty of the incumbent sheriff to Page 2685 make available to the sheriff-elect such information as may be in his possession and required of the sheriff-elect by the governing authority of Appling County, and in this respect, the sheriff shall cooperate fully in the preparation of the sheriff-elect's budget. The governing authority of Appling County shall not act arbitrarily or capriciously in regards to the budget proposed by the sheriff or sheriff-elect, or his request for additional funds, but shall act in good faith and for the best interests of the county in all respects thereto. Section 9. The clerk of the superior court of Appling County, or the clerk-elect of the superior court of Appling County whenever applicable, shall be required to submit an annual budget at the same time and in the same manner as the sheriff of Appling County except that those provisions of section 8 which are peculiarily related to the sheriff shall not apply to the clerk or clerk-elect of the superior court of Appling County. Budget of clerk of superior court. Section 10. The necessary operating expenses of each of said offices, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of each office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements for each office shall be at the sole discretion of the governing authority of Appling County. Office expenses, etc. Section 11. The official bonds of said officers, and the respective deputies, clerks, assistants and other personnel as may be required by law, shall be procured by each elected officer, and the premiums and costs thereof shall be paid out of any county funds available for that purpose. Bonds. Section 12. After the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be Page 2686 the duty of the ordinary of Appling County to issue the call for an election to coincide with the next county primary election conducted in Appling County to nominate county officers for the purpose of submitting this Act to the voters of Appling County for approval or rejection. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Appling County. The ballot shall have written or printed thereon the words: For approval of the Act so as to place the sheriff, the clerk of the superior court, the tax collector, and the tax receiver of Appling County on an annual salary in lieu of the fee system. Against approval of the Act so as to place the sheriff, the clerk of the superior court, the tax collector, and the tax receiver of Appling County on an annual salary in lieu of the fee system. 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 more than one-half 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 Appling 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. The provisions of this Act shall become effective on January 1, 1965, if approved by the referendum provide for hereinabove. Effective date. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2687 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1964 Session of the General Assembly of Georgia a Bill to place the sheriff, clerk of the superior court, ordinary, tax collector, and tax receiver of Appling County on a salary basis in lieu of a fee basis; to provide the procedure connected therewith; to provide for a referendum; and for other purposes. This 21st day of January, 1964. /s/ Curtis C. Herndon, Representative, Appling County. 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 23, 30 and February 6, 1964. /s/ Curtis C. Herndon, Representative, Appling County. Sworn to and subscribed before me, this 12th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. Page 2688 CIVIL COURT OF BIBB COUNTYUSE OF MICROFILM EQUIPMENT, ETC. No. 812 (House Bill No. 1200). 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 successors 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 use of microfilm photographic equipment to record court records and to provide for the destruction of certain court records of said court, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: 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 is hereby amended by adding at the end of section thirteen (13) thereof, sub-sections which shall read as follows: Section 13 (a). Provided, further, however, that the clerk of the Civil Court of Bibb County, Georgia or other officer now or hereafter authorized by law to perform the duties now performed by the clerk of said court is hereby authorized to install and use microfilm photographic equipment and use said installed equipment in recording all original papers in each court case filed with said clerk, and said clerk as aforesaid is authorized to destroy all such Page 2689 original court papers in each case with the requirement that such clerk charged by law with custody of such original copies shall first cause microfilms of the same to be made capable of development into photostatic copies. (Photostatic copies of any such records produced from such microfilms shall be received in any court of this state as primary evidence of the recitals contained therein). Microfilm equipment. Section 13 (b). Be it further enacted by the authority aforesaid that if such records are microfilmed, adequate equipment for viewing such records shall be maintained and such equipment shall be provided by the county commissioners of Bibb County out of county funds. County to furnish, etc. Section 13 (c). Be it further enacted by the authority aforesaid that no provision of this Act shall be construed to change or repeal any rule of court or any provision of law relating to records on appeal for review in the courts of this State. Intent. Section 13 (d). The sections of this Act are declared to be severable, and the invalidity of one or more portions of this Act shall not be held to affect the remainder thereof. Severability. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 3. Be it further enacted by the authority aforesaid that the 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 take notice that the undersigned will, at the ensuing session of the General Assembly of Georgia, apply for passage and approval of legislation, relating to the Municipal Court of the City of Macon, and its successor, the Civil Court of Bibb County, so that microfilm photographs may be authorized and made of all papers and records, filed or Page 2690 kept in and by such Court and its officers; so that photostatic copies of such photographs may be received by any Court of the State of Georgia as primary evidence of the recitals therein; and so that, after such microfilming the originals of such papers and records may be destroyed. County of Bibb, Georgia, Acting by and Through its County Board of Commissioners. By Ellsworth Hall, Jr., County Attorney. State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and County, Mary Jean Goette, who deposes and says she is checking clerk for The Macon News and is duly authorized by the publisher thereof to make this affidavit; and that advertisement as per attached clipping has been published in The Macon News on the following dates: December 28, 1963; January 4, 1964; January 11, 1964. /s/ Mary Jean Goette Sworn to and subscribed to before me, this 11th day of January, 1964. /s/ Hugh P. Harper, Notary Public, Georgia, State at Large. My Commission Expires Jan. 28, 1966. (Seal). Georgia, Bibb County. Personally appeared before me, the undersigned attesting authority, duly authorized to administer oaths, Denmark Groover, Jr., who, first being duly sworn, deposes and says, on oath, that he is a Representative from the County of Bibb and the author of the proposed legislation, and that notice of intention to apply for such legislation was published in the Macon News, the official organ of said county Page 2691 in which advertisements are published, on December 28, 1963, January 4, 1964 and January 11, 1964. A copy of said notice, as so published, is attached. /s/ Denmark Groover, Jr. Sworn to and subscribed before me, this 12 day of Feb., 1964. /s/ Dorothy C. Clements, Notary Public, Bibb County, Georgia. My Commission Expires Aug. 13, 1966. (Seal). Approved March 10, 1964. COMPENSATION OF TAX COMMISSIONERS, ETC. IN CERTAIN COUNTIES. No. 813 (House Bill No. 1202). An Act to provide the compensation for the tax commissioner in all counties of this State having a population of not less than 13,100 and not more than 13,150, according to the United States Decennial Census of 1960 or any future such decennial census; to provide that all fees, costs or other emoluments shall become the property of the county; to provide for the collection of fees, costs and emoluments; to provide for a clerk; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In each county of this State having a population of not less than 13,100 and not more than 13,150, according to the United States Decennial Census of 1960 or any future such decennial census, the tax commissioner shall be compensated in the amount of $7,500 per annum to be paid in equal monthly installments from the funds Page 2692 of said county. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and per-quisites of whatever kind, including those commissions allowed by 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, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and 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. Where applicable, salary. Section 2. The tax commissioner is hereby authorized to employ a clerk who shall be compensated in the amount of $2,400 per annum to be paid in equal monthly installments from the funds of such county. Clerk. Section 3. All the provisions of any local Act relating to the tax commissioners and amendments thereto, applying to any such county shall continue to apply to the tax commissioner of such county unless in conflict with the provisions of this Act. Intent. 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. Approved March 10, 1964. Page 2693 CITY OF ST. MARYSTERM OF MAYOR. No. 815 (House Bill No. 1209). An Act to amend 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 change the term of office of the mayor of the City of St. Marys; 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 amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. On the first Thursday in December 1964, and on the same date biennially thereafter, there shall be an election for mayor of the City of St. Marys to succeed the mayor whose term of office expires January 1, 1965. The term of office of the mayor shall be for two years and until his successor is elected and qualified. On the same date in 1964 and biennially thereafter, there shall be an election for three aldermen to succeed the three aldermen whose terms of office expire January 1, 1965. On the same date in 1965 and biennially thereafter, there shall be an election for three aldermen to succeed the three aldermen whose terms of office expire January 1, 1966. The terms of office of the aldermen of the City of St. Marys shall be for two years each and until their successors are elected and qualified. If a vacancy occurs in the office of mayor or aldermen by removal or resignation, death or failure to qualify, the members of the city council shall elect some qualified person for said vacancy and, by resolution, declare him chosen to fill the vacancy. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2694 Georgia, Camden County. To Whom It May Concern: Notice of Local Legislation. Notice is hereby given that the undersigned will introduce a bill in the next regular session of the Georgia General Assembly, January-February session, 1964, next to be captioned as follows: An Act to amend Section 4 of an Act approved August 15, 1910, (Ga. L. 1910, p. 1086, et seq.), as House Bill number 552, same being an Act creating a new charter for the City of St. Marys, County of Camden, State of Georgia, by striking from said section the words one year and substituting in lieu thereof the words two years and by striking the word annually and substituting in lieu thereof the word biennially wherever same appears therein, thereby providing for the election of a mayor for a term of two years in lieu of a term of one year, and for other purposes. This 9th day of December, 1963. Charles C. Smith, Camden County Representative. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Smith, who, on oath, deposes and says that he is Representative from Camden County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southeast Georgian, which is the official organ of said county, on the following dates: December 19, 1963; December 26, 1963 and January 2, 1964. /s/ Charles C. Smith, Representative, Camden County. Page 2695 Sworn to and subscribed before me, this 12 day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. CITY OF MACONBOARD OF WATER COMMISSIONERS RETIREMENT SYSTEM AMENDED. No. 816 (House Bill No. 1211). An Act to amend the Act of the General Assembly of Georgia reenacting the charter of the City of Macon approved August 3, 1927, appearing on pages 1283 through 1357, both inclusive of the published Acts of the General Assembly of Georgia of 1927, as amended by an Act of the General Assembly of Georgia entitled Macon Water Commissioners' Employees' Retirement Pay, approved February 16, 1943, appearing on pages 1432 through 1434, inclusive, of the published Acts of the General Assembly of Georgia of 1943, and as amended by an Act of the General Assembly of Georgia entitled Macon Water CommissionersPension Plan, appearing on pages 2831 through 2845, inclusive, of the published Acts of the General Assembly of Georgia of the November-December session, 1953; to provide for increased contributions by members of such pension plan, as well as by the Board of Water Commissioners; to provide for increased benefits to members entitled to retirement; to eliminate the provision for a reduction in benefits of eligible members because of Social Security benefits as now provided in subparagraphs (2) and (3) of said Act of 1953; to provide certain options of benefit payments under the plan; to subject benefit payments due members and pension fund contributions by members to legal processes Page 2696 for money lawfully owing the Macon Water Works Credit Union, a corporation; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is so enacted by authority of the same, as follows: Section 1. That paragraph 1 of section 4 (a) of an Act of the General Assembly of Georgia, Georgia Laws, November-December Session, 1953, pages 2831 et seq., be, and is hereby repealed in its entirety, and in lieu thereof the following be enacted: 1. Two and one-half per cent (2%) of the first $3,600, or the total fractional part thereof, received as salary, wage or compensation from the board from the effective date of this Act and for the remainder of the calendar year 1964, three per cent (3%) of such sum for the calendar year 1965, three and one-half per cent (3%) of such sum for the calendar year 1966, four per cent (4%) of such sum for the calendar year 1967, four and one-half per cent (4%) of such sum for the calendar year 1968, five per cent (5%) of such sum for the calendar year 1969 and each year thereafter; and four and one-half per cent (4%) of such salary, wage of compensation received which is in excess of $3,600 per year from the effective date of this Act and for the remainder of the calendar year 1964, five per cent (5%) of such sum for the calendar year 1965, five and one-half per cent (5%) of such sum for the calendar year 1966, six per cent (6%) of such sum for the calendar year 1967, six and one-half per cent (6%) of such sum for the calendar year 1968 and each year thereafter; Section 2. That there be stricken from paragraph (1) section 6 (a) of said Act of 1953 the words and symbols two-thirds ([UNK]) of, so that when amended said Paragraph (1) shall read as follows: (1) Upon reaching sixty-five (65) years of age a member of the plan shall be entitled to retirement and shall receive monthly retirement benefits in an amount equal to one per cent (1%) of the first three hundred dollars ($300) Page 2697 of final average monthly earnings, plus one and one-third per cent (1[UNK]%) of final average monthly earnings in excess of three hundred dollars ($300), times the number of years of service. Section 3. That paragraph (2) of section 6 (a) of said Act of 1953 be repealed, and in lieu thereof the following be enacted: (2) A member who is permanently and totally disabled after five continuous years of service, and who is unable to efficiently perform the particular duties required by his job, shall be entitled to a monthly disability retirement allowance equal to one and one-third (1[UNK]) per cent of his final average monthly earnings times his number of years of service; such amount in no event to be less than three dollars ($3.00) per month for each year of continuous service. Such allowance shall be paid as calculated and in full until the member dies. Section 4. That paragraph (3) of section 6 (a) of said Act of 1953 be repealed, and in lieu thereof the following be enacted: (3) A member who is permanently and totally disabled from accidental, violent and external causes suffered in line of duty and in performance of duty shall be entitled to a monthly disability retirement allowance equal to two-thirds ([UNK]) of his final average monthly earnings. Such allowance shall be paid as calculated and in full until the member dies. Section 5. That paragraph (6) of section (a) of said Act of 1953 be repealed, and in lieu thereof the following be enacted: (6) (i) In the event a pensioned member who is receiving retirement benefits in accordance with paragraph 1, 2, 3, 8, or 10 of subsection (a) of this section 6, or in accordance with option B of subsection (c) of this section 6, or in accordance with option C of subsection (c) of this section 6 if the form of such option C does not require a Page 2698 beneficiary, dies before receiving pension benefits in an amount equal to the death benefit provided in subsection (4) hereof (the amount of compound interest to be calculated to date of retirement only for this subsection), the difference shall be paid to the surviving spouse, or if no surviving spouse, to the legatees or surviving heirs at law of the deceased pensioned member. (ii) In the event a pensioned member who is receiving retirement benefits in accordance with option A of subsection (c) of this section 6, or in accordance with option C of subsection (c) of this section 6 if the form of such option C requires a beneficiary, and such member's beneficiary dies before receiving combined total pension benefits in an amount equal to the death benefit provided in subsection (4) hereof (the amount of compound interest to be calculated to date of retirement only for this subsection), the difference shall be paid to the surviving spouse, or if no surviving spouse, to the legatees or surviving heirs at law of the deceased pensioned member. Section 6. That paragraph (10) of section 6 (a) of said Act of 1953 be renumbered (10) (i), and there be added to paragraph (10) a second paragraph, numbered (ii), so that when amended said paragraph (10) (i) and (ii) shall be as follows: (10) (i) Upon reaching sixty (60) years of age and prior to attaining sixty-five (65) years of age, any member who has twenty-five (25) or more years of service as defined in section 2 (c) of this Act, may retire, at his option, and shall receive benefits actuarily equivalent to what his benefits would be under this Act if he were sixty-five (65) years of age on the date of such optional retirement. (ii) Any member, before attaining the age of sixty-five (65) years who has thirty (30) or more years of service as defined in section 2 (c) of this Act, may retire, at his option, and shall receive benefits actuarily equivalent to what his benefits would be under this Act if he were sixty-five Page 2699 (65) years of age on the date of such optional retirement. Section 7. That there be added to the end of section 6 of said Act of 1953 another division, entitled (c) Optional Forms of Retirement Benefits, as follows: (c) Optional Forms of Retirement Benefits. (1) A member of the plan shall be entitled to elect, or to revoke a previous election and make a new election, at any time six (6) months or more prior to his retirement in accordance with Paragraphs 1 or 10 of subsection (a) of this section 6, or prior to commencement of retirement payment in accordance with paragraph 8 of subsection (a) of this section 6, to have his retirement benefit payable under one of the options hereinafter set forth in lieu of the retirement benefits he is otherwise entitled to receive in accordance with said paragraphs. Election of any option shall be made by the member in writing and shall be subject to approval by the board. The optional form of retirement benefit thus elected shall be paid in accordance with the terms of such option. A member of the plan who retires as a result of permanent and total disability as provided in paragraphs (2) and (3) of subsection (a) of this section 6 shall not be entitled to receive his retirement benefit under any optional form of retirement benefit. (2) Description of Options . The amount of any optional retirement benefit as set forth below shall be the actuarial equivalent of the amount of benefit that would otherwise be payable to the member under paragraphs (1) and (10) of subsection (a) of this section 6. Option A: Joint and Survivor Option A decreased retirement benefit which shall be payable during the joint lifetime of both the member and his beneficiary and which shall continue after the death of either during the lifetime of the survivor in the same amount, or in such smaller amount as the member may designate. Page 2700 Option B. Social Security Option An increased retirement benefit payable during the lifetime of a member who retires in accordance with paragraph (10) of subsection (a) of this section 6 until his retirement benefits commence under the Federal Social Security Act and a reduced retirement benefit payable thereafter for life, in order to produce a more level retirement income when such reduced retirement benefit is added to his primary benefits under Social Security. The exact amount of benefit shall be based upon estimated primary benefits under Social Security determined as of the date such member retires. Option C. Other Options Any form of option subject to the approval of the Board. (3) Beneficiary . A member who elects option A, or C if the form of such option C requires a beneficiary, shall, on a form provided for that purpose, designate a person to receive benefits which continue to be payable upon the death of the member. Such person shall be the beneficiary of the member. (4) Cancellation of Election . The election by a member of option A, or option C if the form of such option C requires a beneficiary, shall be null and void if either the member or his designated beneficiary shall die before benefits commence. Section 8. The second grammatical paragraph of section 8 of said Act of 1953 be repealed, and in lieu thereof the following be enacted: No benefit payment or portion of the pension fund contributed by member employees or officers shall be subject to assignment, garnishment, attachment, or other proceedings of any kind or character by any person, firm or corporation whosoever, save by and at the instance of the Board of Water Commissioners or the `Macon Water Works Credit Union', a corporation of Bibb County, Georgia, and then only for money lawfully owing to said board or said credit union by any particular member, and then only to the extent of such member's benefit payments and contributions Page 2701 to the pension fund to the limit of $250.00 and only if such member ceases to be a member as a result of termination of employment. Section 9. This amendment shall apply to all employees and officers of the board of water commissioners of the City of Macon, as of the effective date hereof, that are eligible for inclusion in said pension plan and who have heretofore signified, or within ten (10) days after the effective date hereof do signify, to the Board in writing their consent thereto. Intent. The Board of Water Commissioners Pension Plan, as herein amended, shall apply to all eligible employees and officers of the board, as eligibility is defined in said Act of 1953, who are first employed on and after the effective date of this amendment. Section 10. This amendment shall become effective the first pay roll date of the board following its passage and approval. Effective date. Section 11. If this amending act, or any portion of it, or the application of this amendment or any portion of it, to any person or circumstances, shall be declared invalid, the remainder of this amending act and the application of any such invalid portion to other persons and circumstances, shall remain unaffected. Severability. Section 12. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Section 13. Be it further enacted by the authority aforesaid that the notice of publication and the affidavit of the member of the General Assembly applying for the passage of this Act, which are attached hereto, are incorporated in and made a part of this Act. Georgia, Bibb County. To The Public and All Concerned: Notice is hereby given that the City of Macon, a municipal corporation of said State and county, and the board of Page 2702 water commissioners of the City of Macon intend to apply to the General Assembly of the State of Georgia at its January 1964 Session for the passage and adoption of an act or acts to amend, supplement, revise, make additions to or deletions from the pension and retirement plan of the employees and officers of the board of water commissioners of the City of Macon now in force and effect by virtue of an Act of the General Assembly of the State of Georgia entitled Macon Water Commissioners-Pension Plan (Ga. L. 1953, Nov.-Dec. Sess., pp. 2831 et seq.) and any and all Acts amendatory thereof. This notice is given in pursuance of and in conformity with Par. 15, Sect. 7, Article III, Constitution of the State of Georgia of 1945, as amended, codified as Sect. 2-1915 of the 1933 Code of Georgia Annotated, Pocket Supplement. This 21st day of December, 1963. City of Macon, Georgia, Board of Water Commissioners of the City of Macon. By: Miller, Miller Miller, Their Attorneys for this Purpose. 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: Jan. 4, 1964, Jan. 11, 1964, and Jan. 18, 1964. /s/ Denmark Groover, Jr., Representative, Bibb County. Page 2703 Sworn to and subscribed before me, this 12 day of Feb., 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. TOWN OF SNELLVILLECORPORATE LIMITS. No. 817 (House Bill No. 1216). An Act to amend the Act of the General Assembly of Georgia, approved August 20, 1923, (Ga. L. 1923, p. 775, et seq.) establishing the charter of the Town of Snellville, and all Acts amendatory thereto, so as to enlarge the corporate limits of the Town of Snellville, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, as follows: Section 1. The present corporate limits of the Town of Snellville are hereby amended and enlarged so as to bring within the corporate limits of the Town of Snellville the following described area outside of and adjacent to the present corporate limits of the Town of Snellville, to-wit: All that tract or parcel of land lying and being in land lot 28 of the 5th land district, Gwinnett County, Georgia, being a portion of a proposed subdivision known as Harvest Acres, particularly described according to plat and survey of Higginbotham James, Surveyors, prepared April 1, 1963, and described particularly as follows: Beginning at the point where the present Snellville city limits intersects the property line of Forrester and run thence along property of Forrester south 30 degrees 35 Page 2704 minutes east 135 feet, more or less, to an iron pin corner at property of R. B. Moon; thence along property of Moon south 58 degrees 29 minutes west 1407.7 feet to an iron pin corner on the northeasterly right of way of Lenora Church Road; thence along the northeasterly right of way of said road in a northwesterly direction 400 feet, more or less, to the point where the Snellville city limits intersects the northeasterly right of way of Lenora Church Road; thence along said city limits in a northeasterly direction to the property line of Forrester and the point of beginning. Also: All that tract or parcel of land lying and being in land lot 40 of the 5th land district, Gwinnett County, Georgia, particularly described as follows: Beginning on the northeasterly right of way of Dogwood Road at the point where the Snellville city limits intersects the northeasterly right of way of said road and run thence in a northwesterly direction along the northeasterly right of way of said road 525 feet, more or less, to the property of H. G. Davis; thence along property of Davis north 16 degrees 57 minutes east 358.08 feet to property of Williams; thence along property of Williams north 58 degrees 30 minutes west 520.5 feet to a rock corner; thence continuing along property of Williams south 30 degrees 38 minutes east to the Snellville city limits; thence along the Snellville city limits in a northwesterly direction to the northeasterly right of way of Dogwood Road and the point of beginning. Also: All that tract or parcel of land lying and being in land lot 40 of the 5th land district, Gwinnett County, Georgia, being a portion of unit 1 of Pinehurst Estates subdivision as shown on plat of Higginbotham James, Surveyors, prepared January 3, 1963, and particularly described as follows: Beginning in the center of Pinehurst Road at the point where the Snellville city limits line intersects the center of said road and run thence in a northwesterly direction along the center of Pinehurst Road to its intersection with the center of the Old Snellville-Lawrenceville Highway; thence Page 2705 along the center of the Old Snellville-Lawrenceville Highway in a southwesterly direction to the point where the Snellville city limits line intersects the center of said highway; thence along the Snellville city limits line in a southeasterly direction to the center of Pinehurst Road and the point of beginning. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Gwinnett County. Personally appeared before me, a notary public, the undesigned Marion A. Webb, who on oath, says that she is publisher of The News-Herald, a newspaper published in the City of Lawrenceville, being of general circulation, and being the legal organ for the County of Gwinnett, who certifies that legal notice, a true copy of which is attached hereto, being a Notice of Intention to Apply for Local Legislation, was duly published once a week for three weeks as required by law, said dates and publications being January 22, January 29, and February 5, 1964. The News Herald /s/ Mrs. Marion A. Webb Publisher Sworn to and subscribed before me, this 10th day of February, 1964. /s/ Violet C. Bentley Notary Public, Gwinnett County, Georgia. (Seal). Notice of Proposed Legislation. Notice is hereby given that there will be introduced in the 1964 Session of the General Assembly of Georgia, a Bill to extend the city limits of the Town of Snellville. The bill will incorporate in the city limits the following territories, to-wit: Page 2706 All that tract or parcel of land lying and being in land lot 28 of the 5th land district, Gwinnett County, Georgia, being a portion of a proposed subdivision known as Harvest Acres, particularly described according to plat and survey of Higginbotham James, Surveyors, prepared April 1, 1963, and described particularly as follows: Beginning at the point where the present Snellville city limits intersects the property line of Forrester and run thence along property of Forrester south 30 degrees 35 minutes east 135 feet, more or less, to an iron pin corner at property of R. B. Moon; thence along property of Moon south 58 degrees 29 minutes west 1407.7 feet to an iron pin corner on the northeasterly right of way of Lenora Church Road; thence along the northeasterly right of way of said road in a northwesterly direction 400 feet, more or less, to the point where the Snellville city limits intersects the northeasterly right of way of Lenora Church Road; thence along said city limits in a northwesterly direction to the property line of Forrester and the point of beginning. Also: All that tract or parcel of land lying and being in land lot 40 of the 5th land district, Gwinnett County, Georgia, particularly described as follows: Beginning on the northeasterly right of way of Dogwood Road at the point where the Snellville city limits intersects the northeasterly right of way of said road and run thence in a northwesterly direction along the northeasterly right of way of said road 525 feet, more or less, to the property of H. G. Davis; thence along property of Davis north 16 degrees 57 minutes east 358.08 feet to property of Williams; thence along property of Williams north 58 degrees 30 minutes west 520.5 feet to a rock corner; thence continuing along property of Williams south 30 degrees 38 minutes east to the Snellville city limits; thence along the Snellville city limits in a northwesterly direction to the northeasterly right of way of Dogwood Road and the point of beginning. Also: All that tract or parcel of land lying and being in land lot 40 of the 5th land district, Gwinnett County, Georgia, Page 2707 being a portion of unit 1 of Pinehurst Estates subdivision as shown on plat of Higginbotham James, Surveyors, prepared January 3, 1963, and particularly described as follows: Beginning in the center of Pinehurst Road at the point where the Snellville city limits line intersects the center of said road and run thence in a northwesterly direction along the center of Pinehurst Road to its intersection with the center of the Old Snellville-Lawrenceville Highway; thence along the center of the Old Snellville-Lawrenceville Highway in a southwesterly direction to the point where the Snellville city limits line intersects the center of said highway; thence along the Snellville city limits line in a southeasterly direction to the center of Pinehurst Road and the point of beginning. Approved March 10, 1964. COMPENSATION OF GOLF PROFESSIONALS EMPLOYED BY CERTAIN MUNICIPALITIES. No. 818 (House Bill No. 1223). An Act to amend an Act providing for the compensation of all golf professionals employed by municipalities having a population of 300,000 or more according to the United States census of 1950 or any future United States census, approved March 13, 1957 (Ga. L. 1957, p. 2843) so as to fix a minimum salary of all golf professionals employed by such municipalities; 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 to provide for the compensation of all golf professionals employed by municipalities having a population of 300,000 or more according to the United States Census of 1950 or any future United States Census, approved March 13, 1957 (Ga. L. 1957, p. 2843) is hereby amended as follows: Page 2708 Section 1. By adding to section 1 of said act the following: Provided, however, that no golf professionals shall be paid less than $300.00 per month by the governing authorities, exclusive of commissions derived from the sale or rental of facilities or equipment., so that section 1 as amended hereby shall read as follows: Section 1. In all municipalities having a population of 300,000 or more, according to the United States Census of 1950, or any future United States census, all golf professionals employed, associated or serving in any capacity as employees, facilities or adjuncts of any park, golf course or other recreational facility owned or operated by such city, shall be compensated equally and shall bear equal status and classification; except that compensation, when derived from commissions on the sale or rental of facilities or equipment, shall not be affected thereby. Provided, however, that no golf professionals shall be paid less than $300.00 per month by the governing authorities, exclusive of commissions derived from the sale or rental of facilities or equipment. Where applicable, salaries. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 10, 1964. CITY OF DARIENNEW CHARTER. No. 819 (House Bill No. 1233). An Act to incorporate the City of Darien, in the County of McIntosh and State of Georgia, and to supersede and to repeal the Act incorporating the City of Darien (Ga. L. 1909, p. 827 and all amendments thereto); to provide a municipal government therefor; to define the name, style and corporate limits of said city; to define the Page 2709 powers and authority of said municipality; to provide for the election of 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; to provide for the registration of voters and the manner of holding city elections; to provide for police regulations and the enforcement thereof; to provide a police court and who shall preside therein; to provide for bonds and forfeitures; to provide for the raising of revenue by taxation, business licenses, bonds, etc.; to provide how public property belonging to said municipality may be sold; to provide for the granting of franchises by said municipality; to provide the manner of improving, working and closing of roads, streets and sidewalks, and the assessment of costs thereof; to provide for rules and regulations for the health and sanitation of said municipality; to provide for the condemnation of private property for public use and to abate nuisances; to provide for the regulation of public utilities therein; to authorize the governing authorities of said 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 of existing ordinance, rules or regulations of the present corporation, The City of Darien, not inconsistent herewith, nor any contract or right made or acquired under the same shall be affected by this Act; to provide for the issuance of executions and subpoenas and the enforcement thereof; to provide for the removal of the mayor or any member of the council for neglect of duty; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the City of Darien, located in the County of McIntosh, State of Georgia, be and are hereby reincorporated under the name and style of City of Darien, and by that name shall be and are hereby invested with all the rights, powers and privileges incident to municipal corporations Page 2710 in this State, all the rights, powers, titles, property, easements and hereditaments now belong or in anywise appertaining to said City of Darien as hereinbefore incorporated, shall be and are hereby vested in the City of Darien created by this Act. The said City of Darien created by this Act may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, and make and enact, through its mayor and council, such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as the mayor and council may deem best, and which shall be consistent with the laws of the State of Georgia and of the United States. And the said City of Darien shall be able in law to purchase, hold, receive, enjoy, possess and retain in fee simple, or for any term of years, and estate or estates, real or personal, lands, tenements and hereditaments of any kind or nature whatsoever, within the limits or without the limits of said city, for corporate purposes. The mayor and council may in like manner use, manage and improve, sell and convey, rent or lease, and otherwise manage and dispose of all property now owned or hereinafter acquired by said city, and all transfers and conveyances of real or personal property heretofore made by said City of Darien are hereby confirmed, ratified and declared legal; provided, that no public utility such as water system, or any property used in connection therewith and necessary for the maintenance of the same owned or controlled by the City of Darien shall ever be sold, leased or otherwise disposed of unless assented to and approved by a majority of the qualified voters of the city at an election to be held for that purpose as other city elections are held. And the said City of Darien shall succeed to all the rights and liabilities of the old corporation, the City of Darien, and all existing ordinances, resolutions, rules, and by-laws of the old corporation, the City of Darien, remain unaffected hereby and are hereby continued and confirmed. Incorporated, etc. Section 2. The corporate limits of the City of Darien shall be the same as presently exist for the City of Darien and shall extend in a circle of one mile in every direction from the southeast corner of the intersection of Adams and Northway Streets, except that the north banks of the Altamaha Page 2711 River and Cathead Creek shall constitute said city limit line at all points that they are located within said one mile radius. Corporate limits. Section 3. On the first Tuesday in November 1965, there shall be election for mayor and councilmen from among the qualified voters of said city, said election to be held biannually thereafter, all of whom shall be elected to serve two years, and all officers shall serve until their successors are elected and qualified, and shall be elected by a plurality of the consolidated vote of the city. Such election to be held by four managers to be appointed by the mayor and council of said city, such managers to be qualified voters and freeholders of said city. Such managers shall make a return of such election to the mayor and council then in office, who shall declare the result and cause the same to be entered upon the minutes of their proceedings. All persons shall be qualified to vote at such election who shall have bona fide resided in said city for 6 months next preceding the date of such election and are qualified to vote for members of the General Assembly from McIntosh County and have complied with all the ordinances which may have been passed by said mayor and council providing for the registration of voters of said city. Elections, etc. Section 4. No persons shall be eligible to the office of mayor or councilmen of said city unless he shall have resided in said city one year immediately preceding his election, be holder, 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. At the first regular meeting of the mayor and council in each year, they shall elect one of their number pro tem., whose term of office shall be two years, and during the sickness, absence or disqualification of the mayor, the mayor pro tem., or in his sickness, absence or disqualification, any one of the councilmen, chosen by the members present, shall be clothed with all the rights and Page 2712 privileges of the mayor, and shall perform the mayor's duties. Mayor pro tem, etc. Section 6. Be it further enacted by the authority aforesaid, that in the event the office of mayor, or any one or more of said council shall become vacant, for any reason whatever, the remaining members of the council shall fill said vacancy for the unexpired term. Vacancies. Section 7. The mayor, or mayor pro tem., and two members of the council shall constitute a quorum for the transaction of any business before the city council, the mayor, or mayor pro tem., if he be presiding, shall be entitled to vote only in case of a tie, or in case only one vote is needed to pass or defeat any motion, resolution, ordinance or other question before the council, the mayor, or mayor pro tem., if he be presiding, may vote. No motion, resolution, ordinance or other question before the council shall pass unless a majority of the members present, vote for the same, and unless the said motion, resolution, ordinance or other question receive at least three affirmative votes. Quorum, etc. Section 8. The mayor of said City of Darien shall receive a salary, to be fixed by the council, not to exceed six hundred ($600.00) dollars per annum; and each member of council shall receive a salary, to be fixed by council, not to exceed three hundred ($300.00) 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. 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 Page 2713 violation thereof as may be prescribed by ordinance, not exceeding a fine of one thousand ($1,000.00) dollars, and imprisonment and labor on the public works of the city for sixty (60) days for each offense, and may impose both a fine and sentence of imprisonment and labor. In the event of the absence or disqualification of both the mayor and mayor pro tem., any member of the council may preside at said police court. Provided, however, the mayor and council shall have the right at any time in their discretion, upon the approval of the mayor and at least four (4) councilmen, to create and establish the office of city recorder, elect a city recorder in and for said city and fix the recorder's salary and term of office, which term of office shall be for not more than one year; and from and after the creation of said office of city recorder and the election of a recorder as aforesaid, the said recorder shall preside over the said court, and the said court shall not thereafter be presided over by the mayor, mayor pro tem., or any member of the council, excepting in the absence or disqualification of the said recorder. In the event of the absence or disqualification of the recorder, the mayor, mayor pro tem., or any member of the council may preside over said court with full powers as the city recorder. The mayor and council shall have the right to elect as the city recorder any citizen of said city eligible to hold office as mayor of said city. Said recorder, when elected and qualified, shall have all the powers and authority appertaining to said police court as now exercised by the mayor or mayor pro tem. Police court. Section 10. The mayor, mayor pro tem., and the recorder, if one is elected as above provided, shall have the right to issue warrants for offenses committed within the corporate limits of said City of Darien, which warrants shall be directed to the marshal, chief of police and the police officers of the city, and shall be executed by either of them; and to hold commitment trials and commit to the jail of said county, or admit to bail, offenders against the laws of this State, for their appearance at the next term of the superior court of said county, and it shall be the duty of the jailor of McIntosh County to receive the persons so committed and safely keep them until discharged by Page 2714 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 and fifteen (15) days imprisonment and labor on the public works of said City. Warrants. Section 11. Be it further enacted by the authority aforesaid, that at the first regular meeting of the mayor and council in each year they shall elect a city clerk, a chief of police, and such other officers and servants, including a city attorney, as the mayor and council shall deem necessary for the government of said city. 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. 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 City of Darien shall be evidence in all courts as if the original was produced. Said clerk shall be the official tax collector of said city, and shall issue all tax executions and shall keep a tax execution docket in which he shall enter all executions issued, the name of the party against whom issued, the amount of the tax, and the final disposition of the same. For issuing each execution for taxes, or for licenses, or for other cause, he shall cause to be charged and collected the sum of one dollar and fifty cents ($1.50) each, which sums said clerk shall retain as an emolument of his office. He shall perform such other duties as the mayor and council shall by ordinance or otherwise require and direct. City clerk. Section 13. The chief of police shall have full direction and management of the policemen under him, subject to the Page 2715 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 policement 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 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 officer to the city treasurer. The chief of police, and the policemen under him shall be furnished with blank summons in the form prescribed by ordinance, and when an offense is committed, and they are satisfied that the offender is not likely to leave the city, they shall give him a written summons to appear before the police court. If they believe that the offender will leave the city, or fail to appear at police court, they may require the offender to give bond and security conditioned upon his appearing at said police court, and upon his failure to give said bond may confine said offender in the city jail until a hearing before the police court can be had. The chief of police, and the 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 warrant and execute the same. When any offense has been committed in the presence of the said chief of police, or any member of the police force of said city, and the said offender shall flee, they may follow said offender anywhere in said State, arrest the said offender, and return him to the city for Page 2716 trial. Should any person violating any of the ordinances flee from the jurisdiction of said city, such person may be apprehended wherever he may be found in the State, and the warrant of the mayor or mayor pro tem., or recorder of said city shall be sufficient authority for his arrest, return and trial upon the charges resting against him; and should any person after trial and conviction of any violation of any ordinance of said city escape, he may be apprehended wherever found in any county in this State, and the warrant of the mayor, the mayor pro tem., or recorder of said city shall be sufficient authority for his arrest and return. The chief of police and other officers of said city shall perform such other and further duties as shall be required of them by the mayor and council of said city. City of police. Section 14. The mayor and council shall designate the city clerk, or some other person city treasurer, and may designate some bank as a city depository. They shall provide by ordinance or resolution for the drawing of city warrants of checks, and designate who shall sign same. City treasurer. Section 15. The mayor, councilmen, city clerk, chief of police, and other policemen employed by said city, shall take an oath to well and truly perform the duties of his office at the time of taking office, and the mayor and council shall require the city clerk, chief of police, or any other officers they see fit, to give a good and sufficient bond for the faithful performance of their duties, and such bonds shall be in the amounts fixed by the mayor and council, and by them approved. Oaths. Section 16. The mayor and council shall provide by ordinance for the giving of appearance bonds, which may be either a surety bond, or a cash bond, for persons accused or charged with the violation of the ordinances of said city, and by ordinance shall fix the manner in which said bonds shall be forfeited, execution issued thereon, and other procedure appertaining thereto. Bonds. Section 17. 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 McIntosh County, Page 2717 Georgia, in the manner prescribed in Chapter 19 of the Georgia Code Annotated. Certiorari. Section 18. The mayor and council of said city shall have full power and authority for the purpose of raising revenue for the support and maintenance of said city government and they shall provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city not exceeding two (2%) per centum thereof and for the purpose of providing for a sinking fund for the payment of any bonds heretofore issued, or that may hereafter be issued by said city, and to provide a fund for the payment of the annual interest of said bonds, a greater ad valorem tax may be levied and collected. Said mayor and council shall provide by ordinance for the return of all taxable property in said city, for assessors, their compensation, authority and qualifications; how said property may be assessed, how the valuation of the property fixed by the taxpayer may be increased or decreased by assessment; and provide penalties for the neglect or refusal to return said property, to provide for the issuance of executions for said taxes, and how said executions may be levied upon the property of the taxpayer, and the property so levied upon shall be advertised and sold, and the proceeds thereof distributed. Ad valorem tax. Section 19. The mayor and council shall have full power and authority to require any person, firm, company, or corporation, whether resident or non-resident of said city who may be engaged in, prosecute or carry out any business, calling, vocation or profession within the corporate limits of said city, by themselves or by their agents to register their names, business, calling, vocation or profession annually and to require such persons, company or corporation to pay for said registration, and for license to carry on, prosecute or engage in said business, calling or profession, such amounts as the mayor and council may provide by ordinance. Said mayor and council may provide by ordinance for the punishment of all such persons, firms, companies, corporations required by ordinance to register and pay such licenses, or to take out said licenses for same, Page 2718 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. 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. The mayor and council of said city shall have full power and authority, in their discretion, to grade, pave, macadamize and otherwise improve the travel or drainage of the sidewalks, streets, alleys, and public parks of said city, and to carry into effect the authority herein granted, the mayor and council shall have full power and authority to assess the costs of paving and otherwise improving the sidewalks to the amount of not more than two-thirds of such costs; and any street railroad company or other railroad company having tracks running through or across the streets of said city shall be required to pave, macadamize or otherwise improve such street in such proportion as the mayor and council may provide by ordinance. Said mayor and council shall have full power and authority to adopt by ordinance such a system of equalizing assessments on real estate for the purpose above stated as may be just and proper, estimating the total cost of each improvement made, and pro-rating the costs thereof on real Page 2719 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. The said mayor and council shall have the full power and authority to zone the said city into fire districts, to enact any and all ordinances, rules and regulations necessary to protect the property in said city from the hazard of fire, and may adopt different rules and regulations for the different zones or districts so established. They may adopt a building, code, fixing the minimum specifications for all buildings, wiring and plumbing in said city. They may enact ordinances requiring any person erecting any building or structure of any nature, or doing any repair or remodeling any building or structure in said city to first obtain a permit from said city for such building, Page 2720 structure or repairs, and shall be authorized to fix requirements and conditions such as the filing of plans and specifications and bonds, necessary to be performed by the applicant before such permit is issued; to fix a fee or charge for such permit, and may refuse to issue such permit when in the option of said mayor and council, such building, structure or repairs, because of the materials to be used, the manner in which it is to be constructed or the use to which such building or structure is to be put, would create a fire or other hazard in said city, and such ordinances may provide a penalty for anyone violating the same. Such ordinances and building code may provide how any building, structure or repairs erected in said city without the owner or builder having first obtained a permit for same, or having failed to comply with said ordinance or building code, or having failed to follow the plans and specifications filed with said city, shall be removed by the owner, or city at the owner's expense by execution against the owner of the property on which said building or structure is erected, which execution shall be issued and enforced in the same manner as other executions issued by said city may be enforced. Fire districts. Section 23. The mayor and council may by ordinances, rules, and regulations provide for the examination and licensing of all builders, masons, electricians, pipe fitters and plumbers before such builders, masons, electricians or plumbers, shall do any building, electrical work, masonry or plumbing in said city. Building codes, etc. Section 24. 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 Page 2721 and explosive materials and chemicals altogether in certain zones or areas of said city. Building inspections, etc. Section 25. The mayor and council may divide the city into zones, and to prescribe what class and kind of building, business, callings, trades or professions shall be permitted or prohibited within the zones so prescribed. They may form a planning board in conjunction with governing authorities of McIntosh 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. Zoning. Section 26. The mayor and council may construct or extend sewers in any of the streets, alleys or ways of said city or contiguous territory that may hereafter be incorporated, to assess such part of the cost of the same on the real estate abutting in the street, way or alley in which the same may be extended, according to frontage as may seem just and reasonable, and to enforce the payment of same by execution against the abutting real estate and the owner thereof shall be in the same manner as hereinbefore provided for street improvements. Section 27. Said city is authorized to own, use and operate for municipal purposes and for profit a system of waterworks and gas works, both within without the corporate limits of said city. The mayor and council shall make and enact such ordinances, rules and regulations regarding the use of the same by the public, and provide by ordinance for the punishment of those who illegally use said water or gas, and who illegally divert same from their proper channels of transmission, or who injure or destroy or permit to be injured or destroyed, and meter, pipe, conduit, line, post, lamp or other apparatus belonging to the city and its water and gas systems, or who prevent a gas or water meter from duly registering the quantity of gas or water supplied, or in any way interfere with the proper action or just registration, or, without the consent of the city, divert any gas or water distributed by the city. The police court of said city shall have the right to punish for the violation of any of the ordinances, rules, and regulations in this section provided, even though said violation Page 2722 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 this city. Utilities. Section 28. The mayor and council of said city shall have the power to grant franchises, easements and right of way over, in, under and on the public streets on such terms and conditions as they may fix. They may contract with other public or private corporation regarding the furnishing of water, electric current, gas, or other public service to said city by said other corporation, or regarding the furnishings of water, electric current, gas, or other public service, by the city to such public or private corporation. Provided, the said mayor and council, shall not grant any franchise, easement or authority to any person, or public or private corporation to own, operate or maintain any public utility in competition to any public utility owned by said city within said city. Same. Section 29. There shall be a fire department maintained and operated by the City of Darien under such rules, regulations and ordinances as the mayor and council shall prescribe. In addition to the chief, the fire department shall consist of such number of men who shall receive such salaries as may be prescribed by the mayor and council and who shall be elected by the mayor and council as other officers and servants of said city. The chief shall be the executive head of the department, shall be responsible for the good order and efficiency of the same, and shall make such reports to the mayor and council of the condition of the department as may be required and said chief shall be and he is hereby made ex-officio police officer of the city and empowered to make arrests as regular police. Fire department. Section 30. 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 Page 2723 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, or failing to have their animals vaccinated or inoculated. The said mayor and council shall have power and authority to enact ordinances regulating sanitation in said city, require suitable sanitation facilities in all buildings, prohibit open or outdoor privies or toilets, regulate or prohibit the keeping of animals and fowls in said city, requiring owners of lots, parts of lots, cellars, or basements, if the same should become a nuisance or peril to the health of said city, to fill or drain said lots, cellars or basements, and if the owner or occupant of such lots, cellars or basements should fail or refuse after reasonable notice to comply with the requirements of said mayor and council, it shall be lawful for the said mayor and council to have this work performed and by ordinance tax the costs against the property and collect the same by execution issued as provided by ordinance. 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. The mayor and council shall have full power and authority to by proper ordinances provide for the abatement of nuisances, lewd houses, gambling and gambling places, blind tigers, and disorderly houses, to charge the expense for abating such nuisances or places against the person causing the same, or the owner of the premises, according as one or the other is liable, and to enforce the collection of said expenses by execution issued as executions Page 2724 for taxes. The said mayor and council shall have full power and authority to provide by ordinance for the abatement or condemnation of any wall, building, structure, awning, shed, signs, etc., which on account of its state of repair, location, construction, etc., is a hazard to the safety of the public or an obstruction to any street, alley or sidewalk, and charge the expenses of abating, condemning or removal of the same against the person causing the same, or the owner of the premises, according as the one of the other is liable, and to enforce the collection of said expenses by execution issued as executions for taxes. Nuisances, etc. Section 32. The execution herein provided for shall be issued by the city clerk, bearing teste in the name of the mayor, directed to all and singular, the chief of police, policemen, and marshal of said city, and to the sheriffs and constables of said State. The city clerk shall keep an execution docket in which he shall record all executions issued, showing the name of the defendant in fi. fa., the dates, the amounts, and the date of satisfaction, if satisfied. Said executions, when issued for ad valorem taxes, or for street and sidewalk improvements, shall have the same lien and priority as tax executions and street improvements executions generally have under the laws of this State, and all other executions issued by said city shall have the same lien and priority as executions issued by the superior courts of this State, provided, that except as to tax executions and executions issued for street and sidewalk improvements, the rights and priorities of third persons shall not be affected unless said executions are recorded on the general execution docket of the superior court of the county in which the property sought to be subjected to such execution is located, and as to such third parties the lien and priority of said execution shall date only from the time said executions are so recorded on said general execution docket. In any case where the defendant in execution has no property within the City of Darien, then and in that event any execution issued by authority of the city for the enforcement of the payment of any sum for taxes, special assessments, fines, or otherwise, may be levied and enforced in any county in the State in which property of the defendant may be found and for such purposes it shall be Page 2725 the duty of any levying officer into whose hands said execution may be placed to promptly enforce the same in the same manner as other executions are enforced with reference to levy, advertisement and sale. Provided, however, that to any execution issued by said city, the defendant shall have the right to file an affidavit denying for any reason that the whole or any part of the amount for which execution issued is due, and the reason why same is not due by and from defendant, and stating what amount is admitted to be due, which amount so admitted to be due shall be paid before said affidavit shall be received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned to the Superior Court of McIntosh County and there be tried and the issue determined as in cases of illegality, subject to all the penalties provided for in cases of illegality for delay. Executions. Section 33. The said city may issue municipal bonds and revenue certificates for municipal purposes, in the manner and subject to the limitations provided by the laws and Constitution of this State. Bonds. Section 34. 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. All persons qualified to vote for members of the General Assembly in the County of McIntosh, who shall have resided six (6) months within the city limits of Page 2726 the City of Darien, and have registered as hereinafter provided, shall be qualified to vote in any city election. Voters. Section 36. The city clerk shall keep a permanent voters registration book in which persons desiring to vote in any city election, and otherwise qualified to vote, shall register. Upon application in person by such persons entitled to register, who shall furnish to the city clerk evidence of their qualifications, the clerk, or other registering officer named by the mayor and council shall allow said person to enter upon the registration book his or her name, age and residence. Said names shall be alphabetically arranged in the register as nearly as possible. The registering officer shall be the judge of the qualification of those offering to register, with a right of appeal by the applicant to the mayor and council, and the registrar may in his discretion require the applicant to take oath that he is qualified to so register. The said registration book shall be kept in the office of the city clerk at the city hall, and shall be open for the purpose of registration at all times said clerk's office is open for official business, except, said registration book shall close at the close of the thirtieth day before any election, and any person registering therein after the thirtieth day before any election shall not be qualified to vote in said election, and if said thirtieth day 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 twenty ninth day before said election. Prior to all elections, and after the close of the said registration book, the city clerk, and such other person or persons as shall be designated by the mayor and council, shall make a list of all the qualified voters so registered, after having first purged said list and book of all persons who have died, moved without the corporate limits, or otherwise become disqualified to vote, and such list, when certified by the Board of Registrars, shall be the official list of the qualified voters for said election, and shall be furnished as such to the election managers. No person whose name has been purged from said book because of having moved without said corporate limits, or having otherwise become disqualified to vote, shall be allowed to again vote in any city election, until his disqualification has been removed, Page 2727 and he has registered anew. Provided, that in all elections for the authorization of a bonded or other indebtedness the State law shall in all respects govern where in conflict with this charter. Voter registration. Section 37. The mayor and council shall appoint, prior to each election, a board of four managers to conduct said election, each of said managers shall be qualified voters and freeholders of said City, and each shall take an oath to faithfully and impartially conduct said election and prevent all illegal voting, to the best of their skill and power. At all elections, which shall be held at city hall, or such other location designated by the mayor and council, the manner of holding said elections, provisions for voting booths, hours for keeping the polls open shall in all respects be the same as for holding an election for members of the General Assembly for said County. Persons receiving the highest number of votes for said 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 be contested, notice of said contest shall be filed with the city clerk within twenty-four (24) hours after the managers shall have completed the counting of said votes, setting forth all 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 contest, and their decision shall be final, except as the right of certiorari or quo warranto may apply. Elections. Section 38. All persons desiring to run for any elective office in said city, shall file a written statement with the city clerk, stating the office for which they are offering, at least by 12 o'clock noon, Eastern Standard Time of the thirtieth day prior to said election, and if said thirtieth (30th) day should fall on Sunday, or other legal holiday, said statement shall be filed by noon of the following day. Page 2728 To determine the thirtieth (30th) day, the day alleged to be the thirtieth day shall be counted, but the day of the election shall not be counted. Prior to said election day, the city clerk, under the direction of the mayor, shall have printed or prepared a ballot to be used by the voters in said election, which ballot shall in all respects be a secret ballot without any identifying number or other writing on the part actually denoting the voter's choice. No write-in votes shall be permitted for any office where any duly qualified candidate has properly announced for said office and his name has been printed on the prepared ballot. Any error made by an elector in marking of his ballot, shall not void the entire ballot, but shall void only so much of said ballot as has been erroneously marked. The mayor and council may by ordinance provide that in the case of the election of members of council, all candidates for councilmen, shall designate the councilmen they wish to succeed, and the names of the candidates for the separate places to be filled shall be placed in separate brackets on the ballots. If such an ordinance is not enacted by the mayor and council, and two or more councilmen are to be elected from a group of candidates, then the ballot shall carry instructions as to the number of councilmen to be voted for, and any ballot which is not properly marked accordingly to said instructions, shall be void as to that part erroneously marked. Elections. Section 39. Should the mayor or any councilman, wilfully fail and refuse to attend to his duties of office, or attend the meetings of the mayor and council, after due notice of the contemplated action, his office shall be declared vacant by the remaining members of the mayor and council, or council, and the vacancy filled as hereinbefore provided. Mayor and council. Section 40. Any person voting illegally at any election herein provided, or aiding and abetting any other person in voting illegally in such election, or shall falsely take the oath provided for in section 36 hereof, shall be guilty of a misdemeanor, and punished accordingly. Crimes. Section 41. The mayor and council shall have the power to pass ordinances and regulations for the prevention of Page 2729 idleness and loitering within the city limits and to prescribe penalties for violation thereof. Loitering. Section 42. Be it further enacted by the authority aforesaid, that the enumeration of power contained in this Act shall be construed as restrictive, but the mayor and council shall have the power to enact and pass all laws and ordinances, rules and regulations, which they may consider necessary for the good government, peace, order, prosperity, comfort, health, and general welfare of the said city and the inhabitants thereof, and where, under this charter, rights are conferred or powers granted, but the manner of exercising them, or they may prescribe additional regulations and modes of procedure not repugnant of the intents and purposes of this Act, nor the laws of the State. Intent. Section 43. All Acts of the General Assembly heretofore passed incorporating the City of Darien, be and are hereby consolidated and superseded by this ACt, and all Acts of the General Assembly inconsistent with or at variance with this Act are hereby expressly repealed, and all laws and parts of laws inconsistent herewith repealed. That all ordinances passed by the mayor and council of the City of Darien 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 City of Darien heretofore passed and now in force, which are not inconsistent with this Act are continued as ordinances of the City of Darien, 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. Ordinances, etc. Section 44. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law are attached heretofore and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Page 2730 Section 45. 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 regular 1964 Session of the General Assembly of Georgia a bill to repeal an act incorporating the City of Darien, McIntosh County, Georgia, approved August 14, 1909 (Ga. L. 1909, p. 727) as amended; to reincorporate and to grant a new charter to the City of Darien; 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 continue in force and remain valid and binding until the same are repealed and amended; to provide for a corporate seal; to provide for 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. This 20th day of January, 1964. /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 the Darien News, which is the official organ of said county, on the following dates: January 23-30, and February 6, 1964. Daniel H. White, Reyresentative, McIntosh County. Page 2731 Sworn to and subscribed before me, this 13th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. POWERS OF TAX COMMISSIONERS IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 6,305 AND NOT MORE THAN 6,450 PERSONS. No. 820 (House Bill No. 1234). An Act to vest in the tax-commissioners of certain counties all the powers and duties of sheriffs in their respective counties, relative only to the collection of all tax fi. fas. issued by such tax commissioners, to make levy of such fi. fas., advertisement of the sale of property so levied, sell and execute bills of sale and conveyance of such property; to provide for their compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All tax-commissioners of the State of Georgia, and all of the counties thereof having a population of not less than six thousand three hundred five (6,305), and not more than six thousand four hundred fifty (6,450), according to the census of the United States of America, for the year 1960, or as shown and determined by any future census of the United States of America, shall be ex-officio sheriffs of their respective counties only insofar as to authorize such tax-commissioners in their respective counties to levy and collect all of the tax fi. fas. issued by said tax-commissioners, by levy and sale under said tax fi. fas.; and that said tax commissioners be vested with full power and authority to levy any and all tax fi. fas. Page 2732 issued by them, whether prior to the passage of this Act or subsequently thereof, as fully and effectively as if done by the sheriffs of said counties; and shall have powers of sheriffs to bring all property subject to said tax fi. fas. to sale and to sell the same as fully and effectively as if done by the sheriffs of said counties; and shall have full power and authority not only to seize and levy upon all property subject to said tax fi. fas., but shall have all the powers now vested in sheriffs for the advertisement of the same for sale, for the sale of the same, and for the making and delivery of all due and proper conveyances and bills of sale; and all the acts of said tax commissioners as ex-officio sheriffs shall be as valid and binding as if done by the sheriffs of said counties. Section 2. Said tax-commissioners and ex-officio sheriffs shall have no power or authority with respect to any fi. fas., except such as may be issued by said tax commissioners, or their predecessors in office, for the enforcement of the collection of taxes; but as regarding the collection of taxes, the said tax-commissioners shall have power to do and perform all acts and things as fully and effectively as if done by the sheriffs of said counties; but that all acts done and performed by the tax-commissioners of said counties by virtue of this Act shall be done in conformity with the law now in force governing the performance of the same by the sheriffs of said counties; and all advertisements of the property to be sold by said tax-commissioners which are required by law to be published in a newpaper shall be made in the newspaper in which the sheriff's advertisements for said counties are published. 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 while acting as ex-officio sheriff only in the levy and collection of taxes. 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 Page 2733 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-commissioners shall be responsible for the acts of the deputy or deputies as sheriffs are now liable for the acts of their deputies. Section 4. The compensation to be paid tax-commissioners in said counties for services by them as ex-officio sheriffs shall be the same as that fixed by law for the compensation of sheriffs in said counties, and the same shall be paid in the same manner. The tax-commissioners shall pay the services of any and all deputies appointed by them under such terms as may be fixed by said tax-commissioner. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 10, 1964. CITY OF SUWANEENEW CHARTER, REFERENDUM. No. 821 (House Bill No. 1245). An Act to incorporate the City of Suwanee, in the County of Gwinnett and the State of Georgia, and to supersede and to repeal the Act incorporating the City of Suwanee (Ga. L. 1961, p. 3156); to provide a municipal government therefor; to define the name, style and corporate limits of said city; to define the powers and authority of said municipality; to provide for the election of a mayor and councilmen and fix their terms of office, their authority, powers, duties and salaries; to provide for the filling of vacancies; to provide for the hiring of city employees and fixing their salaries and duties; to provide for the registration of voters and the manner of holding city elections; to provide for police regulations and the enforcement thereof; to provide a police court and to specify who shall preside therein; to provide for bonds and forfeitures; to provide for the raising of Page 2734 revenue by taxation, business licenses, bonds, etc.; to provide how public property belonging to said municipality may be sold; to provide for the granting of franchises by said municipality; to provide the manner of improving, working and closing of roads, streets and sidewalks, and the assessment of costs thereof; to provide for rules and regulations for the health and sanitation of said municipality; to provide for the condemnation of private property for public use and to abate nuisances; to provide for the regulation of public utilities therein; to authorize the governing authorities of said municipalities to enact zoning and building regulations; to provide regulations for the prevention of fires; to provide for water, gas and sewerage for said municipality and surrounding territory; to provide that no valid or existing ordinance, rules or regulations of the present corporation, the City of Suwanee not inconsistent herewith, nor any contract or right made or acquired under the same shall be affected by this Act; to provide for the issuance of executions and subpoenas and enforcement thereof; to provide for the removal of the mayor or any member of the council for neglect of duty; 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 incorporate the City of Suwanee, in the County of Gwinnett and the State of Georgia approved January 3, 1961 (Ga. L. 1961, p. 3156) is hereby repealed in its entirety. 1961 Act repealed. Section 2. The corporate limits of the City of Suwanee, shall be as follows, to wit: one mile in every direction from intersection of Scales Street and Main Street in said City of Suwanee, Georgia. Corporate limits. Section 3. The inhabitants of the territory above set forth as the City of Suwanee are hereby continued as a body politic and corporate under the name and style of the City of Suwanee; with power to govern themselves by such ordinances, by laws, rules and regulations for municipal Page 2735 purposes as they may deem proper, not in conflict with this charter, the Constitution or laws of this State or the United States. The corporation hereby continued in existence shall have full power in and by said corporate name to contract and be contracted with; to sue and be sued; to plead and be impleaded; to purchase, hold, receive, enjoy, possess and retain for the use and benefit of said City of Suwanee or the inhabitants thereof, in perpetuity or for any term, any estate, real or personal, or lands, tenement of hereditaments of any kind, within or without the city limits of said city, for corporate purposes; to use, manage, improve, sell, convey, rent or lease any such estate or property; to have and use a common seal; and to perform all acts necessary or incident to its corporate existence or capacity, provided, no valid existing ordinance, rule or regulation adopted by any governing body of said municipality nor any contract made nor any right vested under and by virtue of any Act shall be affected by this Act. Incorporated etc. Section 4. The corporate authority of said city and the territorial jurisdiction of the governing body and the officers thereof shall extend, for police and sanitary purposes, over all lands which are now owned or controlled by said city for water works, sewerage, drainage, or cemetary purposes outside of the territory indicated in section 2. The governing body and the officers of said city shall have full power and authority to make and enforce such ordinances, by laws, rules and regulations as they may deem necessary to protect the land, premises, and other property referred to in this section and all rights, and interests of said city herein as fully and completely as if same were located within the limits of said city proper as indicated in said second section. Section 5. (a) The municipal government of said city shall be vested in the mayor and five councilmen. Municipal government. (b) On the first Saturday in December 1964, there shall be an election for mayor and three councilmen from among the qualified voters of said city. The mayor and three councilmen shall be elected for terms of two years and shall take office on January 1, 1965. Page 2736 (c) The two city councilmen who are presently holding office and whose terms do not expire until December 31, 1965, shall continue to hold office until the expiration of their terms. On the first Saturday in December 1965, an election shall be held to elect the successors to these two city councilmen. Said successors shall be elected for a term of two years and shall take office on January 1, 1966. Thereafter elections shall be held on the first Saturday in December annually, electing the mayor and there councilmen in even numbered years and two councilmen in odd numbered years. (d) The persons elected as councilmen shall be bona fide residents of said city. Such election shall be held by three managers to be appointed by the mayor of said city with consent and approval of the council, such managers to be qualified voters of said city. Such managers shall make a return of said election to the mayor and council then in office, who shall declare the results and cause the same to be entered upon the minutes of their proceedings. All persons shall be qualified to vote at such election who shall have been bona fide residents in said city for sixty days next preceding the date of such election and are qualified to vote for members of the General Assembly from Gwinnette County and have complied with all the ordinances which have been passed by said mayor and council, providing for the registration of voters of said city. Section 6. At the time two councilmen are elected on the first Saturday in December 1965, there shall be elected from the qualified voters of said city a clerk who shall serve two (2) years and shall take office January 1, 1966. The clerk, who is presently in office and whose term does not expire until December 31, 1965 shall continue to hold such office until the expiration of said term. Said clerk shall perform such duties as the mayor and council may prescribe and before entering upon his duties as such clerk, he shall give bond in such amount as may be required by the mayor and council conditioned for faithful discharge of his duties as clerk. City clerk. Section 7. If the office of mayor, clerk or any councilmen shall become vacant by death, resignation, removal or Page 2737 otherwise, the mayor or a majority of the councilmen shall order a special election to fill the unexpired term and give ten (10) days notice thereof in one or more newspapers or at two or more public places in said city; such special election shall be managed and returned and the result thereof shall be declared and published as heretofore provided in sub-section (d) of section 5; provided, there shall be no election for mayor if the office shall become vacant within three (3) months of the expiration of the regular term thereof. Vacancies. Section 8. The mayor shall be the chief executive officer of said city and shall have general supervision over its affairs. He shall see that all laws and ordinances of said city are faithfully executed. He shall preside at all meetings of the mayor and council and shall have the right to take part in the deliberations of said body, but shall not vote on any questions except in case of a tie. He shall have power to convene them in extra sessin whenever in his judgment the exigencies of the case require it. The mayor and council shall examine and audit all accounts of the city before the same shall be paid. The mayor shall sign all deeds and contracts, approve all bids and vouchers, with the consent and approval of the council. Mayor. Section 9. Said mayor shall receive a salary not exceeding six hundred ($600.00) dollars per annum and the salaries of councilmen not to exceed one hundred twenty ($120.00) dollars each per annum, and the clerk to receive a salary not exceeding six hundred ($600.00) dollars per annum, and such salaries shall not be changed during their terms of office. Salaries. Section 10. The power of legislation of said city shall be vested in said mayor and council. They shall hold regular meetings at such times and places as may be determined by them. Four shall constitute a quorum for the transaction of business provided the mayor or mayor pro-tem shall constitute one of that number, but a less number may adjourn from time to time and compel the attendance of absentees. All ordinances and resolutions shall be passed and become effective by a majority vote of the council. Powers. Page 2738 Section 11. At the first regular or called meeting at the beginning of the fiscal year, the mayor and council shall proceed to appoint a treasurer, three tax assessors, one bond commissioner, a chief of police and such other police officers as may be necessary for the protection of said city and the property rights thereof. They may also elect an engineer and a board of health, superintendent of water and lights, and such other officers as may be in their judgment necessary to the interest of the city. The members of the city council shall elect the mayor pro-tem from that body. The persons so elected shall hold their respective offices for one year until their successors are elected and qualified unless for sufficient cause removed from office, but not until they have been given an opportunity to appear before said body for trial; provided further that the mayor may suspend any official, pending a trial before said body. The salaries of the officers provided for in this section shall be such as may be prescribed by ordinances of said mayor and council. The mayor and council shall fill any office provided for in this section which may become vacant to fill the unexpired term thereof. Officers. Section 12. In the case of the death, or resignation, removal from office, or absence from the city of the mayor thereof, such mayor pro-tem shall exercise all the powers and discharge all the duties conferred and imposed upon the mayor of said city by this charter and the ordinances, rules and regulations of said city. Mayor pro tem. Section 13. For the purpose of enabling said mayor and council to know at all times the true financial condition of said city, the clerk, when called upon to do so, shall prepare and read at a regular session of the mayor and councilmen, a statement showing the probable gross income of the city for the fiscal year and the amount of money which has been expended and voted to be expended up to the date of such statement. Such statement shall be entered upon the minutes if so directed by said mayor and council, and such body may authorize the publication of the income and expenditures of said city. Said receipts, disbursements for each preceding quarter, shall be verified by the chairman of the finance committee. The finance committee of the Page 2739 City of Suwanee shall prepare a budget, showing an estimate of anticipated income and this shall be approved by the mayor and council, and that the budget so approved be followed, and the city clerk shall make a monthly report to the mayor and council showing the financial status of the City of Suwanee. Budget, etc. Section 14. The clerk of said city is authorized and shall receive all returns of property for taxation, both real and personal; assess and double tax all property not returned in said city for taxation; the clerk shall collect all taxes and licenses, fees due said city and keep such records as are necessary if said office maintains the proper handling of the funds of said city. The clerk shall perform all such duties as may be imposed upon same by mayor and councilmen of said city. Tax returns. Section 15. The board of tax assessors in said city is hereby vested with full power and authority to assess for taxation the fair market value of all property, real, personal and otherwise, subject to taxation by said city, so that said property shall stand upon the tax digest at its reasonable and fair market value. It shall be the duty of said board at all times to locate property that is not duly returned for taxation, to equalize taxation, and to ascertain the fair and reasonable market value of all property subject to taxation by said city. Said assessors shall receive reasonable compensation for their services, to be fixed by the mayor and council. When any property subject to taxation by the City of Suwanee has not been returned for taxation by the first day of April, as required by law, it shall be the duties of the board of tax assessors to assess said property for taxation as its fair market value. When any such property has been returned for taxation, at a value which in the opinion of said board of tax assessors is less than its fair market value, it shall be the duty of said board to assess it for taxation at such value. When any assessment is made as provided herein, it shall be the duty of the city clerk within ten (10) days after the making of said assessment, to give to the owner of said property notice in writing of said assessment provided same has been raised. Such notice shall specify the amount of the assessment made, indicate Page 2740 the property assessed, and shall inform the owner that he may be heard on the justice and fairness of said assessment and of the time and place of the hearing, at which time and place a full, legal hearing shall be afforded by said board. Said notice shall be by mail, not registered, to the last known address of the owner of such property, and no other notice whatsoever shall be required. Proof of the mailing of said notice shall be conclusive evidence that said notice has been given as required. If, for any reason, such notice cannot be given by mail, notice may be given by the posting in the city hall of such notice, in a conspicuous place. Notice shall be considered as given on the day it is mailed or posted. If the owner of any such property fails or refuses to appear either in person or by agent at the time and place designated in said notice, the assessment made shall be final. Any taxpayer who shall be dissatisfied with any such assessment may appeal to said mayor and council for a correction of such assessment within fifteen (15) days after such assessment shall have been returned, and the judgment of said mayor and council thereon shall be final. Tax assessors. Section 16. All officers elected by said mayor and council shall discharge such duties in addition to those prescribed in this Act as are or may be prescribed by ordinance of said mayor and council and shall give such bonds for the faithful discharge of their respective duties as said mayor and councilmen may require; provided, the surety on the bond or a bond commissioner shall be a duly authorized guaranty or surety company. Officers. Section 17. Each officer of said city before entering upon the discharge of the duties of his office shall take and subscribe before a judge of some court in Gwinnett County oath that he will faithfully discharge the duties of his office to the best of his skill and ability. Oaths. Section 18. Said mayor and council shall have the sole rights to try impeachments of all officers of said city. When sitting for that purpose they shall be under oath or affirmation when the mayor shall be tried, the council shall select one of their number to preside; and no person shall be convicted Page 2741 without the concurrence of all members present. Judgment in cases of impeachment may extend to removal from office and disqualification to hold any office of trust, honor or profit under this charter, and no further; but the party convicted shall, nevertheless be liable and subject to indictment, trial and punishment according to law. Impeachment trials. Section 19. Said mayor and council shall have full power and authority to make all ordinances, rules and regulations that they may deem for the best of the people in said City of Suwanee, for the prevention and punishment of disorderly conduct and the conduct likely to disturb the peace and transquility of any citizen. Ordinances. Section 20. Said mayor and council shall have full power and authority to declare what shall be a nuisance and to abate the same and provide for punishment of any person who may create or continue such nuisance; to compel the owner or user of any cellar, stable, pig sty, sewer or any other unwholesome or nauseous houses or place in said city to cleanse, abate or remove the same and to regulate the location thereof; to prohibit the slaughtering of any kind of animal in said city; to establish and maintain quarantines against contagious or infectious diseases; to establish and regulate cemeteries within or without corporate limits of said city; to acquire lands therefor by gift, bequest or otherwise and to require burial permits to be issued before any body can be interred within the limits of said city, and funds now in the treasury of said city and funds arising from the sale of lots in said present cemetery, known as the cemetery funds, shall not be used for any purpose except to maintain and beautify the present cemetery. And provided further at any time that said mayor and council may abolish said present cemetery and purchase land for a new one. Nuisances, cemetery, etc. Section 21. Said mayor and council shall have full power and authority to define and establish the fire limits of said city, and from time to time in their discretion to extend and enlarge the same. Within such fire limits it shall be unlawful to erect buildings or structures of any kind not fire proof. Said mayor and council shall have power Page 2742 to determine what buildings and structures are not fire proof. Should any person erect or cause to be erected within such fire limits any building or structure not fire proof, said mayor and council shall, after giving such person ten (10) days notice and opportunity to show cause for the violation of such fire regulations, cause the same to be removed at the expense of the owner or owners thereof. Said mayor and council shall also have power to declare any building or structure in said city unsafe and dangerous and to condemn the same as such and cause the same to be repair or removed at the expense of the owner thereof, after giving such owner ten (10) days notice and an opportunity to be heard in regard thereto. Fire limits. Section 22. Said mayor and council shall have full power to open, lay out, widen, straighten and otherwise change streets, alleys, squares in said city; to establish and fix such systems and grading and draining the streets of said city as they shall deem proper; and to condemn private property for any of these purposes. Streets, etc. Section 23. Said mayor and council shall have full power and authority to purchase, lease or condemn any lands and premises, water rights, rights of way, easements, franchises, within or without the limits of said city for the purpose of establishing or maintaining a water works system. Water system. Section 24. All rights of eminent domain and all rights and power to condemn property conferred by this Act upon said city, upon said mayor and council, or upon any officer of said city shall be exercised in accordance with Sections 4657 to 4686 both inclusive of the Code of Georgia 1895 and Acts amendatory thereof. Eminent domain. Section 25. Said mayor and councilmen shall have full power and authority to make and adopt all ordinances, rules and regulations they may deem proper for maintaining, operating and carrying on water works for said city for supplying water for said city and inhabitants thereof and collecting therefor. Water system. Section 26. Said mayor and council are hereby authorized to make all necessary and proper arrangements for Page 2743 work on the public streets and public works of said city and to provide rules and regulations for the working of persons sentenced to confinement at labor for violations of ordinances of said city. Streets, etc. Section 27. Said mayor and council shall have full power and authority to make, adopt and enforce all ordinances, by laws, rules and regulations which they may deem proper for the security of the peace, health, morals, good order and general welfare of said city and the inhabitants thereof, and for the protection of the property, rights and interests of said city. Ordinances. Section 28. Said mayor and council shall have full power and authority to prescribe by ordinances adequate penalties for the violation of any of these ordinances, rules and regulations of said city; such penalties are not to exceed for any such violations a fine of two hundred ($200.00) dollars, imprisonment in the city jail or building used for that purpose for six months and confinement at labor on the public works of streets of said city, six months. Same, penalties. Section 29. Said mayor shall have full power and authority to hold a police court for said city for the trial of persons charged with offenses against the ordinances of said city and to impose such penalties for the violation of such ordinances as may be prescribed by ordinances of said city. Such court shall be held at such times and places and under such rules and regulations as may be fixed and prescribed by ordinances of said mayor and council, and should said mayor not desire to serve as Judge, said council shall have authority to appoint a City Recorder to hold court. Police court. Section 30. Any police officer of said city shall have authority to release any person arrested for violating any such ordinance of said city upon such person giving a bond payable to said city in an amount and with surety to be approved by the chief of police or mayor of said city conditioned for the appearance of such person before said police court at the time and place specified in said bond and from time to time until he shall have been tried for the offense for which he shall have been arrested. Provided the authorities Page 2744 of the said city may refuse to release on bond any person whose appearance in said city would likely be dangerous, indecent or in violation of any ordinance of said city. Bond may be refused when said bond is not deemed to be enforceable by city. Bonds. Section 31. If any person so released shall fail to so appear for trial such bond shall be forfeited and a rule nisi shall be issued requiring him and the surety upon such bond to show cause before said court at a time not less than sixty (60) days from the date of such rule why such bond should not be absolute forfeited. Copies of said rule shall be served upon the persons to whom it shall be directed at least twenty (20) days before the return day thereof personally or by leaving the same at the most notorious place of abode of the person to be served, or by publishing the same once a week for four weeks in the newspaper in which the sheriff's advertisements are published. If at the time such rule is made returnable no sufficient cause to the contrary shall be shown, the forfeiture of said bond shall be made final and absolute, and execution shall issue for full amount thereof and all costs against the principal and sureties thereon or such of them as shall have been served. Such executions shall be signed by the clerk and mayor of said city, shall be directed to all police officers of said city and to all and singular the sheriffs and constables of this State, shall have the same lien and binding effect upon the property of the defendants therein as executions issued upon judgment in superior courts, and shall be levied by any officer to whom it shall be directed. Same. Section 32. For the purposes of raising revenues for the support and maintenance of the government of said city and defraying the ordinary current expenses thereof, said mayor and council shall have full power and authority, and it shall be their duty, to provide by ordinance, for the levying and collecting of ad valorem tax on all real and personal property within the corporate limits of said city not exceeding maximum legal amount fixed by the State of Georgia thereof. Said levy shall be fixed after the return and assessment of said property as provided in the proceding section hereof and before the 1st day of October in each Page 2745 year. All taxes so levied shall be due and collectible on the 20th day of December of the year for which they shall be levied. The clerk shall issue executions on all property for which taxes are not paid by December 20th, and proceed to advertise and levy upon same as provided by law pertaining to the collection of ad valorem tax. Ad valorem tax. Section 33. Said mayor and council shall have full power and authority to require all persons, firms, companies or corporations engaged in prosecuting or carrying on any trade, business, calling or avocation within the corporate limits of said city to register their names and businesses, callings, trades, avocations and professions annually, and to require them to pay for such registration and for license to engage in, prosecute, or carry on the same, not exceeding five hundred ($500.00) dollars per annum. Business licenses. Section 34. Said mayor and council shall have full power to pass such ordinances as they may see proper in regard to granting or not granting licenses to theatrical companies or performances, or for shows or other exhibitions; provided, the price to be paid for such licenses when granted, shall not exceed five hundred ($500.00) dollars for each performance or exhibition. Same. Section 35. Said mayor and council shall have full power and authority to license billiard tables and ten pin alleys, shooting galleries and all public billiard tables kept or used for the purpose of playing or renting, and all public ten pin alleys and nine pin alleys, or alleys of any kind which are kept for use or for the purpose of renting the same and charge for said license a sum not exceeding five hundred ($500.00) dollars on each. Same. Section 36. Said mayor and councilmen shall have full power and authority to assess a tax of not more than five hundred ($500.00) dollars per year upon all persons carrying on the brokerage business in said city in addition to all other tax in said city which they may pay. They shall have power to license pawn brokers, to define by ordinance their powers and privileges; to impose taxes upon them; to revoke their licenses; and generally to exercise such superintendence Page 2746 over pawn brokers as will insure fair dealings between them and their customer. Same. Section 37. Said mayor and council shall have power to levy and collect from itinerant traders, who may, directly or indirectly, by themselves or others, sell any goods, wares or merchandise in said city, such tax as to them may seem proper. Same. Section 38. Said mayor and council shall have authority and power to provide by ordinance for the issuance of executions against the property of any person who shall fail to pay when due to said city any tax, license fee, assessment, or any liability for the use of water or lights; and all such executions shall operate as tax executions. Executions. Section 39. The annual expenses of said city shall be so restricted as not to exceed the annual income thereof. Budget. Section 40. The said City of Suwanee may issue municipal bonds and revenue certificates for municipal purposes, in the manner and subject to the limitations provided by the laws and Constitution of the State of Georgia. Bonds. Section 41. The mayor and council of said City of Suwanee shall have power and authority to employ competent counsel for said city whose salary of compensation, term of office and duties shall be fixed by ordinance. Counsel. Section 42. Said mayor and council shall have power and authority to grant franchises to a person or persons for the purpose of erecting water systems, light systems, gas systems, telephone system, and any other purpose for which the public streets of said city are used. Franchises. Section 43. Said mayor and council shall have power and authority to provide for the registration of voters prior to any municipal election in said city; to make all needful rules and regulations for the same, and to require that no person be permitted to vote unless registered as aforesaid. Voter registration. Section 44. Said mayor and each of said council shall have power and authority of justices of the peace to issue Page 2747 warrants for offenses committed within the corporate limits of said city or upon the property mentioned in the preceding sections hereof, to bind over offenders in bailable cases to the proper court in Gwinnett County, and to submit to the jail of said county for trial before such a court offenders in cases not bailable, and offenders in bailable cases in default of bond. Such warrant shall be directed to the police officers of said city and shall be executed by them. It shall be the duty of the jailer of said county to receive all persons so committed and safely keep them until discharged by due cause. Warrants. Section 45. Said mayor and council shall require the clerk to keep a book to be known as The Permanent Registration Book of the Electors of said City in which event the electors of said city shall sign said book upon oath containing therein substantially the following: I do solemnly swear that I have resided within the limit of the City of Suwanee for sixty (60) days, and that I am qualified to vote for the members of the Legislature in the County of Gwinnett. No person not so registered shall be allowed to vote in any election. Voter registration. Section 46. It shall be the duty of the city clerk to keep said permanent registration books open daily during such reasonable hours as may be prescribed by the mayor and council, to enable the electors of said city to register therein; provided that no person registering therein shall be required to again register as a qualified voter of said city so long as he remains a resident of said city, and does not disqualify himself by nonpayment of taxes or otherwise, it being the purpose of this Act to provide a permanent system of registration for said city. Same. Section 47. Whenever any general or special election is to be held in said city, it shall be the duty of the clerk to close said registration book one week before said election and turn over same to the mayor, who shall, with the advice and consent of council, appoint a board of three registrars whose duty it shall be to make from said books a list of voters for such election; and in making said list the registrars shall exclude the names of all persons on the registration Page 2748 list who registered less than one week before said election as well as those who have died, removed from the city limits, or who have disqualified themselves in any way as legal voters. The list of voters so made up by the registrars shall be furnished to the managers of the election, and no person whose name does not appear on said list shall be allowed to vote in said election unless he produces a certificate signed by the registrar that his name was omitted by accident or mistake. The mayor and council shall provide a reasonable compensation for the work done by the registrars. Same. Section 48. There may be an appeal from decision of the board of registrars as to the right of a person to register, to a committee of three registered voters of said city previously appointed by the mayor and council, whose decision shall be final. All appeals shall be made, heard, and determined within five (5) days from the time the appeal shall be filled. After all appeals are decided it shall be the duty of the clerk of the registrars to make a correct list of the registered voters and furnish the managers of the election a certified copy of same. The registration book shall be open to the inspection of the public at all times during office hours. The said committee of registrars shall have the authority to purge said registration list of all illegal voters upon three days notice to the person or persons who have registered illegally or are disqualified. Notice may be given by a letter addressed to said illegally registered person by mailing same to him at Suwanee, Georgia. Same. Section 49. It shall be the duty of the clerk of registrars to furnish the managers of the election at or before the opening of the polls on the day of election, with a complete list of registered voters arranged in alphabetical order, certified to under the hand of the clerk of the registrars and the complete seal of the city. Elections. Section 50. The mayor and council of said city are hereby authorized to assess, levy and collect a sanitary tax and to create and maintain a sanitary department, elect their officers and employees, prescribe their duties and fix their salaries. They shall have the right by ordinance to prescribe Page 2749 sanitary regulation for the said City of Suwanee and collect the same against any person, firm or corporation domiciled within the corporate limits of said city for whom the sanitary department may render service. Sanitary tax, etc. Section 51. The mayor and council of said city are hereby invested with full power and authority to establish, equip, maintain, modify, extend, and improve a system of sewerage and drains in said City of Suwanee and to adopt by ordinance such regulations as may be needed and necessary in connection with the same, including such charges as may in the discretion of said mayor and council seem reasonable and proper for sewer connection and/or service, which said charges shall be enforceable in the same manner that charges for water furnished to said city are enforced. Sewerage system. Section 52. The mayor and council of said City of Suwanee shall have full power and authority to regulate and enforce the collection of and insure payment of, charges for supplying of water, gas, heat, and sewer service; they shall have a right to require of each consumer a deposit, which may vary according to the estimated consumption, to insure the prompt payment for such service; to shut off and refuse to furnish water, heat, gas or other commodities, where deposit of their payment for same is not promptly paid and to enforce by execution against any consumer or person served in the same manner as tax executions are issued and enforced. Utilities. Section 53. The mayor and council of said city shall have the power and authority, in their discretion, to grade, pave, macadamize and otherwise improve the travel and drainage of the sidewalks, squares, public lanes and alleys of said city. In order to carry into effect the authority above, they shall have the right to assess the cost of such improvements or any part thereof on the real estate abutting upon said streets, sidewalks, public lanes and alleys of said city. Streets, etc. Section 54. The mayor and council of said city shall have the right and power to require that permits be obtained for the purpose of erecting any building within the City of Page 2750 Suwanee and to require that any person, firm, or corporation conform to the standard building codes in the construction and erection of said building. Building permits. Section 55. After passage of this Act the mayor and councilmen, officers elected by the vote of the people, heads of departments, members of any board or commission of the mayor and council of the City of Suwanee and all other officers appointed or elected by the mayor and council of the City of Suwanee, shall be subject to removal during the several terms of office in the following manner; Whenever twenty-five per cent in number of the registered voters residing in the City of Suwanee, as disclosed by the registration sheets of the nearest general election, past or present, shall so request in a petition filed in the office of the Clerk of the Superior Court of Gwinnett County, an election shall be called and held within thirty (30) days from the date of the filing of said petition on the subject only of the recall or nonrecall of such official or officials. It shall be the duty of the Clerk of the Superior Court to check the names of such list and report to the judge of the Superior Court, the judge of the City Court of Gwinnett County, and the Ordinary of Gwinnett County, the number of the registered voters thereon in order to see that the required number have signed the petition. This report shall be submitted to said judges with the petition. When so reported, with this certificate, the said judge shall order an election to be held under the same rules and regulations as govern regular city elections. At this election the ballots shall be as follows, with the names of such officer or officers and office or offices inserted in the blanks: For the recall of, holding the office of, Against the recall of, holding the office of. If a majority of the votes cast in said election are for recall of such office or officers, his office is declared vacant at the moment these votes are canvassed by said judges and the result announced. A meeting of the said judges shall be held for this purpose within not less than three (3) days of the election so held; at this meeting the election managers shall make a return of the votes cast in said election by report of the same to the said judges, and said judges shall examine this return Page 2751 and declare the result. If a majority of the votes so cast be for the recall of the official, this office is vacated at the time the result is so declared by said judges as herein provided, and the vacancy immediately exists. Said judges shall call an election to fill said vacancy or vacancies within thirty (30) days from the date said vacancy is declared, which said election shall be under the same rules and regulations governing regular city elections, and at such election the official who has been recalled is eligible as a candidate for the reelection, and the person or persons elected shall hold office for the unexpired term. Recall. Section 56. All ordinances, by-laws, rules and regulations now in force in said city, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by said mayor and council of said city. Present ordinances. Section 57. Not less than twenty (20) nor more than thirty (30) days after the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the mayor and council of Suwanee to issue the call for an election for the purpose of submitting this Act to the voters of Suwanee who are qualified to vote for mayor and council. The mayor and council shall set the date for such election for a day not less than twenty-five (25) nor more than thirty (30) days after the date of the issuance of the call. The mayor and council shall advertise the same for at least twenty (20) days immediately preceding the election by posting typewritten or printed copies of this Act in three (3) public places in Suwanee and a copy shall be kept during such period at the place where the public records of Suwanee are located. In addition thereto, the mayor and council shall cause the date and purpose of this election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballots shall have written or printed thereon the words: For approval of the Act creating a new Charter for the City of Suwanee. Against approval of the Act creating a new Charter for the City of Suwanee. Referendum. Page 2752 All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If less than a majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect. Only one election may be held under the provisions of this Act and the result thereof shall be final. The expense of such election shall be borne by Suwanee. It shall be the duty of the mayor and council, or such other authority as normally holds elections in Suwanee, to hold and conduct such election. It shall be the duty of the mayor and council or such other authority, to canvass the returns and declare and certify the results of the election. It shall be the further duty of the mayor and council, or such other authority to certify the result thereof to the Secretary of State. Section 58. In the event this Act is approved in the referendum election provided for hereinbefore, this Act shall be in full force and effect on the date of such approval. Effective date. Section 59. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Gwinnett County. Notice is hereby given the general public that at the next session of the General Assembly of the State of Georgia which convenes in regular session on the 13th day in January, 1964, a Bill will be introduced in said body as follows: An Act to amend, consolidate, create, revise and supercede the Acts incorporating the City of Suwanee, in the City of Gwinnett, State of Georgia, and all amendments in respect thereto; to create a new charter of said corporation; to provide a municipal government therefor; to define the territorial limits of said city; to provide for a mayor and council and define their powers and duties; to provide the punishment of violators of the ordinances; rules and Page 2753 regulations of said municipality; to define the special powers of the mayor; to provide for council, and fix their salaries; to provide filling vacancies of said city; to provide for the election and appointment of employees and prescribe their duties; to provide for the collection of license taxes; to provide for the manner in which property may be returned for taxes; to provide how ordinances may be adopted, be approved and vetoed, and how same may become valid; to grant and provide for eminent domain, and how and when exercised; to provide for sanitary equipment to be purchased, and sanitary ordinances to provide a sanitary department with penalties for refusal or noncompliance; to provide for extension of sewer and water mains and systems; to provide for a jail and other places of detention; to provide for the issuance of bonds, revenue certificates and similar forms of indebtedness, their sale and lien; to provide punishment for violation of ordinances; to provide for street and sidewalk paving, to assess costs thereof and the collection of same; to provide a police court and judge thereof; to provide for term of city clerk and how elected; to provide for the city clerk to prepare a budget based on estimated income to be approved by the mayor and city council, and monthly report on same to be made by the clerk, and define other duties of said city clerk. To provide for the City of Suwanee to be responsible for all legal debts of the City of Suwanee, Georgia; to provide for the registration and qualification of voters; to provide for the collection of services rendered by the City of Suwanee, such as water, electricity, sewerage and other services, and other purposes. Thisday of, 1964. Mayor and Council City of Suwanee, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Handsel Morgan and Earl P. Story, who, on oath, depose and say that they Page 2754 are Representatives from Gwinnett County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The News-Herald, which is the official organ of said county, on the following dates: January 9, 16 and 23, 1964. /s/ Handsel Morgan, Representative, Gwinnett County. /s/ Earl P. Story, Representative, Gwinnett County. Sworn to and subscribed before me, this 14th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. EARLY COUNTYCOMPENSATION OF CLERK OF COMMISSIONERS OF ROADS AND REVENUES. No. 823 (House Bill No. 1249). An Act to amend an Act entitled An Act to create a board of commissioners of roads and revenues for the County of Early, State of Georgia; to provide for election of members thereof; to prescribe their powers, duties, qualifications, and compensation; to repeal all laws in conflict with this Act; and for other purposes, approved March 24, 1933 (Ga. L. 1933, p. 515), and all Acts amendatory thereof, so as to provide that the clerk of the board of county commissioners shall receive $100.00 per month and to provide that all conflicting laws be repealed; and for other purposes. Page 2755 Be it enacted by the General Assembly of the State of Georgia: Section 1. Section 7 of an Act entitled An Act to create a board of commissioners of roads and revenues for the County of Early, State of Georgia; to provide for election of members thereof; to prescribe their powers, duties, qualifications and compensation; to repeal all laws in conflict with this Act; and for other purposes, approved March 24, 1933 (Ga. L. 1933, p. 515), and all Acts amendatory thereof, is amended by striking said section in its entirety and substituting in lieu thereof a new section to read as follows: Section 7. The clerk of the superior court of Early County shall be clerk of the board of county commissioners. Said clerk shall attend all sessions of the board, and shall keep a record of all the actings and doings of said board in a wellbound book, to be provided at the expense of the county. Said clerk shall receive as compensation the sum of $100.00 per month, to be paid by order upon the county treasury or depository. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that I intend to introduce at the January, 1964 session of the General Assembly of Georgia a bill amending sec. 7 of the Act of the General Assembly of Georgia approved March 24, 1933 (Ga. L. 1933, page 515) creating the board of commissioners of roads and revenues of Early County, Georgia, as amended by section 7 of the Act of the General Assembly of Georgia approved February 13, 1952 (Ga. L. 1952, p. 2466), increasing the compensation of the clerk of the board of commissioners of roads and revenues of Early County, Georgia from $50.00 per month to $100.00 per month, and for other purposes. This January 27th 1964. /s/ Leon H. Baughman, Representative in the General Assembly of Georgia from Early County. Page 2756 Georgia, Fulton. Personally appeared before the undersigned attesting officer Leon H. Baughman, who, after being duly sworn, deposes and says that the notice attached herewith has been published in the newspaper in which the Sheriff's advertisements for Early County are published, to-wit: The Early County News, on January 29th 1964, February 5th 1964, and February 12th 1964, as required by the Constitution of Georgia. /s/ Leon H. Baughman Sworn to and subscribed before me, this February 13th 1964. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved March 10, 1964. CITY OF JEFFERSONVILLECHARTER AMENDED. No. 824 (House Bill No. 1253). 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), an Act approved January 26, 1938 (Ga. L. 1938, p. 1135), and an Act approved March 13, 1963, so as to provide for the time of holding municipal elections; to provide for the declaration of the results of any municipal election and for the compensation of election managers conducting such election; to provide a system of registration of voters and the method of registration for municipal elections; to provide for the Page 2757 collection of taxes by execution; to provide for a city clerk and treasurer, city marshall, waterworks superintendent, attorney, and other officers, their oaths, bonds, and for their compensation; to provide for fire districts in said city and for the regulations therein; to provide for streets, avenues, sidewalks and alleys; to provide for assessments against abutting property for street and sidewalk improvements and to provide for the issuance of bonds or certificates therefor; to provide for assessments of sewers and for the issuance of bonds to finance the costs therefor; to provide a method of approval of said improvements by the citizens of said city and for a method of filing objections thereto; to provide for the issuance of revenue bonds for the construction, improvement and extension of a system of waterworks, sewers, gas and electric plants; to provide for an ad valorem tax on property in said city and to define its limits; to provide for appeals and certiorari; to provide for the regulation of vehicles and for their speed in said city; to provide for a city fire department; to require building permits before any building or structure can be erected in said city; to provide for condemnation of private property for public purposes; to provide for protection of morals of said city; to provide for the creation of a board of health and to prescribe its powers and duties; to provide for the regulation of explosives and fireworks; to provide for city parks and recreational areas; to prevent or condemn encroachments or obstructions upon sidewalks, streets and alleys, to prescribe and regulate use of streets and avenues and to classify the same; to suppress and prohibit houses of ill fame; to lay out and open new streets and alleys in said city; to require connection with water and/or sewerage by property owners on streets having the same; to provide for enactment of zoning ordinances, to provide for the establishment of a recorder's court, the election of a recorder, his oath and duties, term of office, powers, and removal from office; to provide for the issuance of bonds for municipal improvements and to limit the interest paid thereon; to define and prohibit nuisances; to provide in the mayor and council full and complete power to do and perform all acts necessary and proper for the Page 2758 welfare of said city; and for the exercise of powers and duties herein conferred; to repeal all conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same as follows: That on and after the effective date of this Act the charter of the City of Jeffersonville as established by an Act of the General Assembly of the State of Georgia approved August 16, 1909, (Ga. L. 1909, pp. 977), as amended by several subsequent Acts, be and the same is hereby amended in the following particulars, to-wit: Section 1. By striking section 4 from said charter and inserting in lieu thereof, the following: Section 4: Be it further enacted by the authority aforesaid, That the polls at any municipal election for said city shall be opened at some convenient and public place in said city at seven o'clock, a.m. and closed at seven o'clock, p.m. Elections. Section 2. By striking section 5 from said charter and inserting in lieu thereof, the following: Section 5: Be it further enacted by the authority aforesaid, That the managers of said elections shall issue to the newly elected mayor and councilmen certificates of election, showing to what office each has been elected, and shall also certify the same facts to the acting mayor and council. The first named certificates shall be sufficient authority to the persons named in said certificates to enter upon the duties of the offices, respectively, to which each has been elected, upon taking by them of the oath hereinafter prescribed. The certificates sent to the acting mayor and council shall be entered upon their minutes. Said managers shall also furnish one tally-sheet, certified as correct, to the acting mayor and council. The managers shall be paid out of said treasury of said city such compensation as shall be from time to time set by the mayor and council thereof. Same. Page 2759 Section 3. By striking section 8 from said charter, as amended by an Act approved January 26, 1938, (Ga. L. 1937-38, pp. 1135 et seq.) and inserting in lieu thereof, the following: Section 8: Be it further enacted by the authority aforesaid, that it shall be the duty of the clerk of council to open a registration book or books for said city 50 days before each regular election for the registration of qualified voters of said city, which book or books shall be kept open from 8:00 o'clock, a.m. until 12:00 o'clock, a.m., and from 1:00 o'clock, p.m. until 6:00 o'clock, p.m. of each and every day except Sundays until 20 days before the date of the election, when said book or books shall fairly and absolutely close. It shall be the duty of said clerk, upon the application of any citizen in person, and not by proxy, to allow said applicant to register his name and occupation. Each person so registered shall do so by signing with his own hand or by his own mark, the following oath: I do solemnly swear that I am a citizen of the United States; that I have lived in Georgia 12 months, and in Twiggs County 6 months, and in the City of Jeffersonville 60 days immediately preceding the signing by me of this oath, or that by the date of such election I will have fulfilled these conditions, if still a resident of said city; that it is my intention to remain a resident of said city until the date of such election; that I am 18 years of age, or will be by the date of said election, so help me God. Voter registration. Section 4. By striking section 19 of said charter and inserting in lieu thereof, the following: Section 19: Be it further enacted by the authority aforesaid, that the mayor and council shall pass all proper ordinances providing for the levy and sale of property to enforce payment by the owner of said property of all taxes, licenses, penalties, fines and other claims of said city of like kind, after an execution has been issued therefor by the clerk of said city bearing attest in the name of the mayor. In case of the forfeiture of bond, the proceedings shall be the same as provided for like cases in the superior court. In the other cases mentioned above, the ordinances Page 2760 may provide for the summary issuing of a fi. fa. by the clerk or in case of tax fi. fas. by the tax collectors of this State. The said governing body may pass suitable ordinances for the imponding and sale of horses, mules, cattle, hogs, and other livestock running at large on the streets of the said city, said sale to be upon the failure of the owner or other person in charge to pay the fine for allowing said stock to run at large and for the impounding fees as provided by suitable ordinance. In all cases of levy and sale by the marshal of said city, or any other officers of said city, the rules governing sheriff's sales shall govern. In case of a claim, illegality, or other like plea being filed, the fi. fa. shall be returned to the Superior Court of Twiggs County, under the same rules as that applying to fi. fas. issued from said court. Tax fi fas. Section 5. By striking section 25 of said charter, as amended by an act approved January 26, 1938, (Ga. L. 1937-38, pp. 1135, et. seq.), and inserting in lieu thereof the following: Section 25: Be it further enacted by the authority aforesaid, that the clerk and marshal, or marshals, and all special policemen appointed by the mayor shall receive such salary or compensation as may be fixed by the mayor and council, which shall be subject to change at any time. The mayor and councilmen shall be paid such sums and be allowed such exemptions as may be fixed by proper ordinance; but said exemptions shall not be more than exemption from street duty, and said sum paid the mayor shall not be more than three hundred sixty and No/100 ($360.00) dollars per annum, and the sums paid the councilmen shall not be more than three hundred and no/100 ($300.00) dollars per annum. The last named restriction shall not apply to the combined salary of councilman and clerk and treasurer when one person fills both offices. Salaries. Section 6. By striking section 27 of said charter and inserting in lieu thereof the following: Section 27: Be it further enacted, that said mayor and council are authorized to enact any and all ordinances, rules Page 2761 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 mayor and council 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 of and safety of the people. They shall also have the authority to order any changes in the construction or arrangement of building, 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 of the 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 mayor and council may order such building removed or altered and if such persons, firm or corporation shall not remove or alter such buildings after notice to do so, as may be prescribed, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected by execution issued and enforced in the same manner that executions for ad valorem taxes are enforced. Fire districts, etc. Section 7. By striking section 28 of said charter and inserting in lieu thereof, the following: Section 28: Be it enacted further by the authority aforesaid, that the mayor and 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 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 Page 2762 property owners, and the enforcement by execution of the collection of such assessments. Streets, etc. Section 8. By striking section 29 of said charter and inserting in lieu thereof, the following: Section 29: (a) Be it further enacted by the authority aforesaid, That the mayor and council shall have the authority in the name of the City of Jeffersonville, 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, and shall have the authority to issue street improvement certificates or bonds to cover the estimated cost thereof, which certificates or bonds shall in no event become a liability of the City of Jeffersonville, but shall be payable solely from assessments made against real estate under the provisions of this Act, and shall seal the same at the best price obtainable. Such certificates or bonds shall be negotiable and shall be issued in such denominations and payable in such times and shall bear such rate of interest payable annually or semiannually as may be determined by city council. Said certificates or bonds shall be signed in the name of the City of Jeffersonville, by the mayor, attested by the clerk of council of said city, and shall have the corporate seat of said city affixed thereto. They shall be payable to bearer at such place as may be designated, and shall be based on the execution issued against the abutting property owners for 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 or registration by the clerk of council shall be entered and endorsed upon each of said certificates or bonds so registered. Assessments, etc. (b) Be it further enacted by the authority aforesaid that the provisions of this Act shall likewise apply to any sewer or water line or main the city through its city council may deem necessary to construct or build; and the city council shall have the same power and authority as to such Page 2763 extension or rebuilding of sewer and water lines of said city as vested in them by this Act as to paving, repaving, curbing and otherwise improving the sidewalks and streets of said city, and all the provisions to the 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 improvement certificates or water improvement bonds, sewer and water certificates or sewer or water bonds as the case may be. (c) Be it further enacted by the authority aforesaid, that no paving or repaving of any of the streets of the City of Jeffersonville 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 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 days after the publication in any newspaper in the County of Twiggs of a notice by the clerk of said city council of Jeffersonville, that an improvement project in contemplated, naming the street or streets, or part of street or streets, to be improved, and specifying the nature of the improvement, to file a protest or objection to such improvement, or it may be determined by filing of a petition by a majority of the owners of the property determined as aforesaid for an improvement project, which petitions 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 the owners of property, determined Page 2764 by said city council 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 County of Twiggs, and all property owners to be assessed for the cost of the improvement who do not within fifteen days after the publication of said ordinance commence legal proceedings to prevent the assessment of their property as provided for in this Act shall be conclusively presumed to have accpeted the terms of said ordinance and to have agreed that the assessment against their property as provided in this Act shall be made. Section 9. By striking section 30 of said charter and inserting in lieu thereof, the following: Section 30: Be it further enacted by the authority aforesaid, that the mayor and council of said town may levy and collect an ad valorem tax upon all property in said city, real and personal, not to exceed 30 mills on the $1.00, or $30.00 per annum per thousand on the assessed valuation of the same. Ad valorem tax. Section 10. Section 35 of said charter, having been heretofore repealed (Ga. L. 1919, pp. 1063), shall be reincorporated to the charter of said city by a new section which shall, when enacted, read as follows: Section 35: Be it further enacted, that said city, by and through its mayor and 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 taxes, 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 for 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 Page 2765 and acts authorized by the Revenue Anticipation Laws of 1937, of this State, and Act amendatory thereof. Bonds, etc. Section 11. By striking section 38 of said charter and inserting in lieu thereof, the following: Section 38: Be it further enacted by the authority aforesaid, that the rights of certiorari from the judgment of mayor's court or recorder's court shall be had to the superior court of Twiggs County, Georgia, and shall be governed and controlled by the laws of Georgia in force at the time the certiorari is made. Mayor's court. Section 12. By adding to said charter a new section which, when enacted, shall read as follows: Section 41: Be it enacted by the authority aforesaid, that the mayor and council shall have full power and authority to regulate the running, speed and parking of 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. Speed, etc. Section 13. By adding to said charter a new section which, when enacted, shall read as follows: Section 42: Be it further enacted by the authority aforesaid, that the mayor and council of said city are authorized to enact any and all ordinances, rules and regulations necessary to provide for the establishment, equipment and maintenance of a fire department. Fire department. Section 14. By adding to said charter a new section which, when enacted, shall read as follows: Section 43: Be it further enacted that the mayor and council shall have power and authority to require any person, firm or corporation to obtain from said town written permit to build, erect, repair or remodel in said town any house, building or any kind of structure, where the estimated costs thereof shall exceed fifty dollars. The mayor and council shall have power and authority to prescribe the Page 2766 form of application for said permit, and specify the information to be furnished by this applicant. The mayor and 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 and regulations regarding building permits. Building permits, etc. Section 15. By adding to said charter a new section which, when enacted, shall read as follows: Section 44: Be it further enacted, that the mayor and council of said City of Jeffersonville shall have full power and authority to condemn private property for any public purpose, such as establishing public street, sidewalk, 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 structures 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 mayor and council shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executors, administrators, 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 16. By adding a new section to said charter which, when enacted, shall read as follows: Section 45: Be it further enacted, that in addition to the powers and authorities vested in the mayor and council of said City of Jeffersonville, created by this Act, by the Page 2767 general laws of this State, and to those heretofore and herein granted by this Act, the said mayor and council are hereby authorized and empowered to adopt such ordinances and regulations as they may deem necessary and 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 the 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; Board of health. (c) 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; Explosives. (d) To own and regulate parks, either within or without said city; to establish, control and govern a municipal market in the said city; to own or contribute to the support and maintenance of swimming pool, golf links, parks and playgrounds, either within or without the corporate limits of said city; Market, parks, etc. (e) To prevent or condemn encroachment or obstructions in, upon or over any sidewalk, street, or alley and to require removal of such; Other ordinances. (f) To suppress and prohibit houses where illegal, immoral, or disorderly practices are had; Page 2768 (g) To lay out and open new streets and alleys in said city; and to change the grades thereof; (h) To require connection with water and/or sewerage by property owners whose property abut on streets having water and/or sewerage mains therein. Section 17. By adding to said charter a new section which, when enacted, shall read as follows: Section 46: Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, that the mayor and council of the City of Jeffersonville 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 buildings, fences or other structures; or for the purpose of regulating the alignment of buildings or their structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and aldermen of said city shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts, 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 relevant to the promotion of the public health, safety, order, morals, convenience, happiness, prosperity or welfare, and to enact any ordinances necessary to effectually carry out this section. Zoning. Section 18. By adding to said charter a new section which, when enacted, shall read as follows: Page 2769 Section 47: Be it further enacted by the authority aforesaid, that the mayor and council of the City of Jeffersonville may elect a city recorder, who shall be twenty-five years of age and shall have resided two years next preceding his election in the City of Jeffersonville, shall be a qualified elector, who before entering upon the duties of his office shall take on oath before the mayor and/or other officer authorized to administer oaths that he will faithfully, truthfully and honestly discharge the duties of his office to the best of his ability, without fear, favor or partiality. This oath shall be entered upon the minutes of the council. Said recorder may be removed from office by the mayor and council after trial and conviction had before said mayor and council upon written charges for neglect of duty or other conduct unbecoming his station, to be judged by said body. The vote of a majority of said body shall be necessary for such conviction and removal. The compensation of said recorder shall be fixed in the discretion of the said mayor and council. Recorder. Section 19. By adding to said charter a new section which, when enacted, shall read as follows: Section 48: Be it further enacted that the mayor and council of Jeffersonville, Georgia, are authorized and empowered to elect a health officer, building inspector, chief of fire department, city physician, city attorney, city engineer, city waterworks superintendent, and such other officers and employees as said mayor and council deem necessary for the City of Jeffersonville. Officers. Section 20. By adding to said charter a new section which, when enacted, shall read as follows: Section 49: Be it further enacted by the authority aforesaid, that the mayor and council shall have the power and authority to issue bonds of said City of Jeffersonville 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 five per cent per annum, Page 2770 and not run for a period of longer than thirty years from date of issue, but may bear a less rate of interest and run for a shorter period of time from the date of their issue in the discretion of the city council. Said bonds to be issued, hypothecated, and sold for the purpose of establishing and maintaining, equipping, extending, operating and repairing a system of waterworks, a system of sanitary sewerage, a crematory, a system of street lights, whether 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. Section 21. By adding to said charter a new section which, when enacted, shall read as follows: Section 50: Be it further enacted that the mayor and council may declare what shall be a nuisance of said city, and provide for the abatement of the same; also to provide for punishment for anyone found guilty of maintaining or carrying on a nuisance. In the event a nuisance is abated at an expense or cost to the City of Jeffersonville and the owner of said nuisance fails and refuses to pay said cost or expense within ten days after a demand is made for such payment, then the clerk of the City of Jeffersonville 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 court of this State. Nuisances, etc. Section 22. By adding to said charter a new section which, when enacted, shall read as follows: Section 51: The mayor and council shall have the right to enact all ordinances necessary and proper for the existence and welfare of said city. Ordinances. Section 23. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2771 Notice of Local Legislation. Notice is hereby given that there will be introduced at the 1964 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 to provide for the time of holding municipal elections; to provide for the declaration of the results of any municipal election and for the compensation of election members conducting such elections; to provide a system of registration of voters and the method of registration for municipal elections; to provide for the collection of taxes by execution; to provide for a city clerk and treasurer, city marshal, waterworks superintendent, attorney, and other officers, their oaths, bonds, and for their compensation; to provide for fire districts in said city and for fire regulations therein; to provide for streets, avenues, sidewalks and alleys; to provide for assessments against abutting property for street and sidewalk improvements and to provide for the issuance of bonds or certificates therefor; to provide for assessments for sewers and for the issuance of bonds to finance the costs therefor; to provide a method of approval of said improvements by the citizens of said city and for a method of filing objections thereto; to provide for the issuance of revenue bonds for the construction, improvement and extension of a system of waterworks, sewers, gas and electric plants; to provide for an ad valorem tax on property in said city and to define its limits; to provide for appeals and certiorari; to provide for the regulation of vehicles and their speed in said city; to provide for a city fire department; to require building permits before any building or structure can be erected in said city; to provide for condemnation of private property for public purposes; to provide for protection of morals of said city; to provide for the creation of a board of health and to prescribe its powers and duties; to provide for the regulation of explosives and fireworks; to provide for city parks and recreational areas; to prevent or condemn encroachments or obstructions upon sidewalks, streets and alleys, to prescribe and regulate use of streets and avenues and to classify the same; to suppress and prohibit houses of ill fame; to lay out and open new streets Page 2772 and alleys in said city; to require connection with water and/or sewerage by property owners or streets having the same; to provide for enactment of zoning ordinances; to provide for the establishment of a recorder's court, the election of a recorder, his oath and duties, term of office, powers and removal from office; to provide for the issuance of bonds for municipal improvements and to limit the interest paid thereon; to define and prohibit nuisances; to provide in the Mayor and Council full and complete power to do and perform all acts necessary and proper for the welfare of said city, and for the exercises of powers and duties herein conferred; to repeal all conflicting laws, and for other purposes. This 21st day of January, 1964. /s/ D. Y. Califf, Mayor, City of Jeffersonville, Georgia. Georgia, Twiggs County. Personally appeared before me, the undersigned officer authorized to administer oaths, J. E. Beck, 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: January 24, January 31, and February 7, 1964. /s/ J. E. Beck Sworn to and subscribed before me, this 15th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. Page 2773 TOWN OF STAPLETONDATE OF ELECTING MAYOR AND COUNCILMEN. No. 825 (House Bill No. 1255). An Act to amend an Act incorporating the Town of Stapleton (formerly Spread), approved August 15, 1903 (Ga. L. 1903, p. 668), as amended, particularly by an Act approved August 17, 1917 (Ga. L. 1917, p. 872) and an Act approved March 17, 1958 (Ga. L. 1958, p. 2584), so as to change the date on which the mayor and councilmen are elected; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Stapleton (formerly Spread), approved August 15, 1903 (Ga. L. 1903, p. 668), as amended, particularly by an Act approved August 17, 1917 (Ga. L. 1917, p. 872) and an Act approved March 17, 1958 (Ga. L. 1958, p. 2584), is hereby amended by striking from the quoted section 3 of section 1 the following: Thereafter, on the first Wednesday in January of each year, an election shall be held to elect the successors to the mayor and councilmen whose terms expire that year, and the successors to the mayor and councilmen elected in 1959 shall serve for a term of three years and until their successors are elected and qualified., and inserting in lieu thereof the following: Beginning on the first Wednesday in 1964 and each year thereafter, an election shall be held to elect the successors to the mayor and councilmen whose terms expire on the first Wednesday in January of the year next following such election. The successors to the mayor and councilmen elected in 1964 and all future successors shall take office on the first Wednesday in January in the year next following their election and shall serve for a term of three years and until their successors are elected and qualified., Page 2774 so that when so amended, Said section shall read as follows: Section 3. An election shall be held on the first Wednesday in January, 1959 for the purpose of electing a mayor and five councilmen. The mayor elected at such election shall serve for a term of one year. The two councilmen receiving the largest number of votes at such election shall serve for a term of three years. The two councilmen receiving the next largest number of votes at such election shall serve for a term of two years. The councilman receiving the next largest number of votes at such election shall serve for a term of one year. The mayor and councilmen elected at such election, and future elections, shall serve for their respective terms and until their successors are elected and qualified. Beginning on the first Wednesday in 1964 and each year thereafter, an election shall be held to elect the successors to the mayor and councilmen whose terms expire on the first Wednesday in January of the year next following such election. The successors to the mayor and councilmen elected in 1964 and all future successors shall take office on the first Wednesday in January in the year next following their election and shall serve for a term of three years and until their successors are elected and qualified. It is the intent and purpose of this amendment to change the term of the mayor and councilmen from a one year term to a three year term and to stagger the terms of the councilmen. All such elections shall be conducted in the same manner as elections for members of the General Assembly of Georgia. The mayor and councilmen shall enter upon the discharge of the duties of their respective offices as soon as they take the oath of office after election. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. A bill to amend an Act incorporating the Town of Stapleton in Jefferson County, Georgia, approved August 15, 1903, Georgia Laws 1903, page 668, as amended so as to provide for the town election to be held on the first Wednesday Page 2775 in December of each year instead of on the first Wednesday in January each year, will be introduced during the 1964 term of the General Assembly. This January 27th, 1964. /s/ J. Roy McCracken Representative, Jefferson County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Roy McCracken, who, on oath, deposes and says that he is Representative from Jefferson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The News and Farmer, which is the official organ of said County, on the following dates: January 30 and February 6 and 13, 1964. /s/ J. Roy McCracken Representative, Jefferson County. Sworn to and subscribed before me, this 14th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved March 10, 1964. Page 2776 CITY OF QUITMANNUMBER OF COMMISSIONERS, REFERENDUM. No. 826 (House Bill No. 1256). An Act to amend an Act creating a new charter for the City of Quitman, approved August 23, 1905 (Ga. L. 1905, p. 1060), as amended, particularly by an Act approved August 10, 1921 (Ga. L. 1921, p. 1055), and an Act approved March 21, 1958 (Ga. L. 1958, p. 2859), so as to reduce from five to three the number of city commissioners; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Quitman, approved August 23, 1905 (Ga. L. 1905, p. 1060), as amended, particularly by an Act approved August 10, 1921 (Ga. L. 1921, p. 1055), and an Act approved March 21, 1958 (Ga. L. 1958, p. 2859), is hereby amended by striking from section 1 of the amendatory Act of 1921 the word five and inserting in lieu thereof the word three, and by adding at the end of said section the following paragraph: If this Act shall be approved in the referendum provided for hereinafter, the present commissioners, comprising the board of commissioners for the City of Quitman, shall continue to serve out the remainder of the terms of office to which they were elected. However, in the year 1964 there shall not be held by the City of Quitman an election to fill the vacancy in the term of office of the commissioner which expires on December 31, 1964. In the year 1965, there being two terms of office on the commission which shall expire on December 31 thereof, shall be elected only one member to the commission, which election shall be conducted in accordance with the provisions of this charter in relation to the election of commissioners. Thereafter, all elections to fill vacancies on the commission shall be held in accordance with the provisions of this charter in relation thereto., Page 2777 so that when so amended section 1 shall read as follows: Section 1. That in lieu of the mayor and councilmen of the said City of Quitman there is hereby created and established a commission of three citizens, who shall be known as the board of commissioners for the City of Quitman. Said commissioners are hereby given all rights, powers and authority heretofore vested in the mayor and councilmen of the City of Quitman, except as otherwise provided herein, and the commission is further given the full power and authority to ratify the election and employment of all police and other officers, and agents and employees of said City of Quitman, together with the right to fix the term of office and employment, to prescribe the duties, to name the compensation, to ratify the discharge from service without cause or notice of any officer, employee, or agent of said City of Quitman, or to discharge such officer, employee, or agent, as provided in section 8 subsection (j) of this Act, and to designate the office and employment by such name as the commission deems expedient; except as in this Act otherwise provided. If this Act shall be approved in the referendum provided for hereinafter, the present commissioners, comprising the board of commissioners for the City of Quitman, shall continue to serve out the remainder of the terms of office to which they were elected. However, in the year 1964 there shall not be held by the City of Quitman an election to fill the vacancy in the term of office of the commissioner which expires on December 31, 1964. In the year 1965, there being two terms of office on the commission which shall expire on December 31 thereof, there shall be elected only one member to the commission, which election shall be conducted in accordance with the provisions of this charter in relation to the election of commissioners. Thereafter, all elections to fill vacancies on the commission shall be held in accordance with the provisions of this charter in relation thereto. Section 2. It shall be the duty of the commission of the City of Quitman to issue a call for an election for the purpose of submitting this Act to the voters of the City of Quitman Page 2778 for approval or rejection. The commission shall set the date of such election so as to coincide with the city election to be held during the month of June, 1964. The commission shall cause the date and purpose of the election to be published once a week for two (2) weeks immediately preceding the date thereof in the official organ of Brooks County. The ballot shall have written or printed thereon the words: For approval of the Act to decrease the number of commissioners of the City Commission of Quitman from five (5) members to three (3) members. Referendum. Against approval of the Act to decrease the number of commissioners of the City Commission of Quitman from five (5) members to three (3) members. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If a majority of the votes cast on such question are against approval of the Act, it shall be void and of no force and effect. The expense of such election shall be borne by the City of Quitman. It shall be the duty of the commission to hold and conduct such election. It shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the commission to canvass the returns and declare and certify the result of the election. It shall be its further duty to certify the result thereof to the Secretary of State. Section 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 1964 Session of the General Assembly of Georgia, a bill to decrease the number of commissioners of the Page 2779 city commission of Quitman from five (5) members to three (3) members; and for other purposes. This 10th day of January, 1964. /s/ 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: January 8, February 5 and 12, 1964. /s/ Henry L. Reaves Representative, Brooks County. Sworn to and subscribed before me, this 17th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. Page 2780 CITY COURT OF MACONDESTRUCTION OF CERTAIN RECORDS AUTHORIZED. No. 827 (House Bill No. 1257). An Act to amend an Act approved August 14, 1885, entitled, An Act to establish the City Court of Macon, in and for the County of Bibb; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes, and all Acts amendatory thereof so as to provide for the use of microfilm photographic equipment to record court records and to provide for the destruction of certain court records of said court by order of the court, and to provide that photostatic copies of such records shall be received by any court of the State of Georgia as primary evidence when properly authenticated, to provide for the severalty of each portion of this Act, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. An Act creating and establishing the City Court of Macon, approved on August 14, 1885, and appearing in Georgia Laws 1884-85, pp. 470-479 as amended, is hereby amended by adding at the end of section XXIII thereof the following: (a) Provided further that the clerk of the City Court of Macon, or other officer now or hereafter authorized by law to perform the duties now performed by the clerk of said court, is hereby authorized to install and use microfilm photographic equipment and to utilize said equipment in recording all original papers, and said clerk as aforesaid is authorized to destroy all such original court papers after obtaining an appropriate order of the court relating thereto. The judge of the City Court of Macon is authorized and empowered to order the destruction of such records as, in his opinion, are no longer needed. Page 2781 (b) Be it further enacted by the authority aforesaid that the clerk shall first cause microfilms of all records to be made capable of development into photostatic copies prior to destruction thereof, and photostatic copies of any such records produced from such microfilms shall be received in any court of this State as primary evidence when properly authenticated. (c) Be it further enacted by the authority aforesaid that when such records are microfilmed, adequate equipment for viewing the microfilm of such records shall be maintained, and such equipment shall be provided by the county commissioners of Bibb County out of County funds. (d) Be it further enacted by the authority aforesaid that no provision of this Act shall be construed to change or repeal any rule of court or any provision of law relating to records on appeal for reveiew in the courts of this State. Section 2. Be it further enacted by the authority aforesaid that the sections of this Act are declared to be several and the invalidity of one or more portions of this Act shall not be held to affect the remainder thereof, but the remainder shall continue of full force and effect. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Public Notice. Please take notice that the undersigned will at the 1964 Session of the General Assembly of Georgia apply for passage and approval of legislation relating to the City Court of Macon, so that microfilm photographs may be authorized and made of all papers and records filed and kept in and by such Court and its officers so that photostat copies of such photographs may be received by any court of the State of Georgia as primary evidence, and so that after such microfilming the originals of such papers and records may be destroyed by Order of the Court. Page 2782 /s/ Andrew W. McKenna Judge, City Court of Macon. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mitchel P. House, Jr., who, 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 and News, which is the official organ of said County, on the following dates: January 31, February 7, and February 14, 1964. /s/ Mitchel P. House, Jr. Representative, Bibb County. Sworn to and subscribed before me, this 17th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. CITY COURT OF MACONRULES IN TRAFFIC CASES. No. 828 (House Bill No. 1258). An Act to amend an Act approved August 14, 1885, entitled, An Act to establish the City Court of Macon, in and for the County of Bibb; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes, and all Acts amendatory thereof so as to authorize the judge of the City Court of Macon by court order to promulgate rules and regulations allowing Page 2783 a defendant charged with a traffic violation to appear and dispose of said case under such rules and regulations so promulgated by the court, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. An Act creating and establishing the City Court of Macon, approved August 14, 1885, and appearing in Georgia Laws 1884-85, pp. 470-479 as amended, is hereby amended by adding at the end of section XXX thereof the following: (a) The judge of the City Court of Macon is hereby authorized and empowered to promulgate rules and regulations allowing a defendant charged with a traffic violation within the jurisdiction of the City Court of Macon to appear and dispose of said case under such rules and regulations so promulgated. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Public Notice. Please take notice that the undersigned will at the 1964 Session of the General Assembly of Georgia apply for passage and approval of legislation relating to the City Court of Macon, so as to authorize the judge of the City Court by court order to promulgate rules and regulations allowing a defendant charged with a traffic violation to appear and dispose of said case under such rules and regulations so promulgated. /s/ Andrew W. McKenna, Judge, City Court of Macon. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mitchel P. House, Page 2784 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 and News, which is the official organ of said county, on the following dates: January 31, February 7, and February 14, 1964. /s/ Mitchel P. House, Jr. Representative, Bibb County. Sworn to and subscribed before me, this 17th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 10, 1964. MUSCOGEE COUNTY DEPARTMENT OF PUBLIC HEALTHBUDGET. No. 829 (House Bill No. 1260). An Act amending an Act entitled An Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County, and said combined departments to be known as `Muscogee County Department of Public Health' to be administered by a governing body to be known as `County Board of Health', whose jurisdiction shall extend throughout Muscogee County, including the City of Columbus, and other incorporated areas; to provide for a Commissioner of Health, and assistant personnel; and for other purposes, authorizing the City of Columbus to appropriate and pay into the health fund of the County Board of Health a part of said budget as to the Commission of the City of Columbus is deemed meet and proper, the City of Columbus, Page 2785 being by this Act authorized to appropriate and pay into the County Wide Health Fund, but not being compelled to so do, 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 of the General Assembly, approved on the twenty-seventh day of March, 1941, combining the Department of Health of the City of Columbus with the Department of Health of Muscogee County, be, and the same, is, hereby amended by amending section 16, thereof, and changing the phrase and the amount of said budget shall be appropriated jointly to read and the amount of said budget may be appropriated jointly; and further amending said section 16 by changing the phrase the City of Columbus shall appropriate and pay into to read the City of Columbus may appropriate and pay into. Said section 16, be, and the same is further amended by adding to section 16 thereof, the following: In the event the City of Columbus does not appropriate and pay into such fund a portion of the budget, then in that event the approval of the City Commission of the City of Columbus shall not be necessary. Notwithstanding other provisions of this Section relating to joint appropriations, one-half each by the City of Columbus and Muscogee County, and payments equal to one-half of said budget by the City of Columbus and Muscogee County to the health fund, authorizing the City of Columbus thereby to legally pay and appropriate monies for a County wide governmental operation, the City Commission of the City of Columbus is hereby authorized to appropriate and pay into the health fund a part of said budget as to the City Commission of the City of Columbus is deemed meet and proper, the City of Columbus being by this Act, authorized to appropriate and pay into the County Wide Health Program but not being compelled to so do, so that said section 16, when thus amended, shall read as follows: Section 16. The necessary expenses of the Muscogee County Department of Public Health shall form a legitimate Page 2786 item of the administration of the government of the City of Columbus and the County of Muscogee. At the regular December monthly meeting hereafter, the County Board of Health and the Commissioner of Health shall prepare a budget for the coming year, which shall be submitted to the Commission of the City of Columbus and to the Board of Commissioners of Roads and Revenues of Muscogee County, who shall look into and study the same, and the same shall, when approved by the Commission of the City of Columbus and the Board of Commissioners of Roads and Revenues of Muscogee County, Georgia, become the budget of the Muscogee County Department of Public Health for the ensuring year, that the amount of said budget may be appropriated jointly, one-half each by the City of Columbus and Muscogee County. Upon such approval, the City of Columbus may appropriate and pay into a fund designated as the health fund a lump sum equal to one-half of said budget, and Muscogee County shall likewise appropriate and pay into said fund a sum equal to one-half of said budget; but such payments may, for convenience, be divided into smaller sums and paid periodically as needed during the year. In the event the City of Columbus does not appropriate and pay into such fund a portion of the budget, then in that event the approval of the City Commission of the City of Columbus shall not be necessary. Notwithstanding other provisions of this Section relating to joint appropriations, one-half each by the City of Columbus and Muscogee County, and payments equal to one-half of said budget by the City of Columbus and Muscogee County to the health fund, authorizing the City of Columbus thereby to legally pay and appropriate monies for a County wide governmental operation, the City Commission of the City of Columbus is hereby authorized to appropriate and pay into the health fund a part of said budget as to the City Commission of the City of Columbus is deemed meet and proper, the City of Columbus being by this Act, authorized to appropriate and pay into the County Wide Health Program but not being compelled to so do. Page 2787 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. Notice of Local Legislation. 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, 1964, for the passage of a bill entitled as follows: An Act amending an Act entitled An Act to combine the Department of Health of the City of Columbus with the Department of Health of Muscogee County, and said combined departments to be known as `Muscogee County Department of Public Health' to be administered by a governing body to be known as `County Board of Health,' whose jurisdiction shall extend throughout Muscogee County, including the City of Columbus, and other incorporated areas; to provide for a Commissioner of Health, and assistant personnel; and for other purposes, authorizing the City of Columbus to appropriate and pay into the health fund of the County Board of Health a part of said budget as to the Commission of the City of Columbus is deemed meet and proper, the City of Columbus, being by this act authorized to appropriate and pay into the County Wide Health Fund, but not being compelled to so do, and for other purposes. This the 24th day of December, 1963. Page 2788 /s/ Lewis F. Davis City Attorney, City of Columbus, Georgia. Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Maynard R. Ashworth, who on 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: December 24, December 31, 1963 and January 7, 1964. /s/ Maynard R. Ashworth Sworn to and subscribed before me, this the 9th day of January, 1964. /s/ Martha Land Kinchen Notary Public, Muscogee County, Georgia. My Commission Expires April 30, 1967. (Seal). Approved March 10, 1964. CITY OF COLLEGE PARKCHARTER AMENDED. No. 833 (Senate Bill No. 189). An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895 (Ga. L. 1895, p. 251 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 2789 same, that the Act set forth in the caption to this Act be and the same is hereby further amended as follows: Section 1. 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 College Park continuously during the thirty days next preceding the date of the election at which he or she offers to vote, and who shall have qualified in Fulton County or in Clayton 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 or Clayton county having charge of the registration of voters in and for either of said counties, shall be qualified to vote at any city election held in and for the City of College Park; provided, that such registration shall not entitle any one to vote who is otherwise disqualified under the laws of this State. Section 2. The mayor and council of the City of College Park shall be authorized to 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 and Clayton County's registrars necessary lists of all persons residing in College Park who are entitled to vote in city elections in said city and whose names appear on such Fulton County or Clayton 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 and Clayton County registrars. Section 3. The mayor and council of the City of College Park 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 Page 2790 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 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. Section 4. Section 2 of the Act approved March 3, 1962 (Ga. L. 1962, p. 2599) is hereby stricken in its entirety, and the following substituted in lieu thereof: Section 2. In every regular city election, candidates for the offices of mayor and councilmen shall qualify to run not later than sixty days prior to the date for holding such election by filing written notice with the city clerk, naming the incumbent or last holder of the office such candidate desires to succeed. Such notice shall show the candidate's name, age, address, length of residence in College Park, and, in the case of candidates for councilman, length of residence in the ward where he lives. At the time of qualifying to run for the office of mayor or councilman, candidates for the office of mayor shall be required to pay a qualifying fee of $100.00, and candidates for the office of councilman shall be required to pay a qualifying fee of $50.00. No person's name shall be printed on election ballots except candidates who qualify in the manner and within the time provided by this section. Section 5. To the extent that any part of all of the following Acts of the General Assembly are in conflict with any of the provisions of this Act, said acts and portions of acts in conflict herewith are hereby repealed. (Ga. L. 1913, p. 682, Sec. 15; Ga. L. 1922, p. 642, Sec. 1; Ga. L. 1923, p. 548, Secs. 8, 10; Ga. L. 1924, p. 503, Sec. 1; Ga. L. 1933, p. Page 2791 892, Sec. 1; Ga. L. 1937, p. 1685, Sec. 1; Ga. L. 1946, p. 454, Sec. 2; Ga. L. 1957, p. 2799, Sec. 1). Section 6. All laws or parts of laws in conflict herewith are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 10, 1964. CITY OF ROSWELLCORPORATE LIMITS. No. 834 (Senate Bill No. 211). An Act to amend an Act establishing a new charter for the City of Roswell, approved February 9, 1950 (Ga. L. 1950, p. 2178), as amended, particularly by an Act approved March 4, 1955 (Ga. L. 1955, p. 2639), an Act approved March 7, 1957 (Ga. L. 1957, p. 2663), an Act approved March 28, 1961 (Ga. L. 1961, p. 2511), and an Act approved March 6, 1962 (Ga. L. 1962, p. 3204), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Roswell, approved February 9, 1950 (Ga. L. 1950, p. 2178), as amended, particularly by an Act approved March 4, 1955 (Ga. L. 1955, p. 2639), an Act approved March 7, 1957 (Ga. L. 1957, p. 2663), an Act approved March 28, 1961 (Ga. L. 1961, p. 2511), and an Act approved March 6, 1962 (Ga. L. 1962, p. 3204), 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 of the City of Roswell are defined to be: Page 2792 Beginning at the southeast corner where Vickery Creek enters the Chattahoochee River and running north along Vickery Creek, making said creek the boundary line, to the mouth of Oxbo Creek (also known as Hogwaller Creek); thence north along Oxbo Creek to a point six hundred thirty-four (634) feet north of the south line of land lot no. 425; thence east a distance of one thousand seven hundred forty-nine (1,749) feet to an iron pin on the west side of Oxbo Road right-of-way; thence in a southerly and southeasterly direction along the west side of said Oxbo Road three hundred forty (340) feet to a point; thence east one thousand thirty-five (1,035) feet to an iron pin on the east line of land lot 463; thence north along the east line of land lot 463 one thousand four hundred thirty-seven (1,437) feet to an iron pin on the south side of Warsaw Road; thence westerly along the south side of Warsaw Road two hundred eighty-five and six tenths (285.6) feet to a point on the west side of Oxbo Road; thence in a northeasterly direction along the west side of Oxbo Road one thousand forty-three (1,043) feet to a point; said point being on the north line of land lot 489 one hundred seventeen (117) feet east of the northwest corner of land lot 489; thence west along the north lines of land lots 489, 464, and 451, two thousand three hundred thirty-three (2,333) feet to Oxbo Creek; thence in a northeasterly directio along said creek to where Old Cobb County, now Fulton County, line crosses said creek; thence northwesterly along the line of Old Cobb County, now Fulton and Old Milton County, to the west line of land lot 450; thence north along the west line of land lot 450 three hundred fifteen (315) feet to the northwest corner of land lot 450; thence east along the north line of land lot 450 four hundred thirty-five (435) feet to the center of U. S. Highway No. 19; thence northeasterly along the center of U. S. Highway No. 19 to the west line of land lot 466; thence north along the west line of land lots 466 and 467 one thousand three hundred eighty-three (1,383) feet, more or less, to an iron pin; thence west one thousand four hundred ten (1,410) feet, more or less, to an iron pin on the west line of land lot 448; thence south along the west line of land lot 448 to the southwest corner of land lot 448; thence west one thousand three hundred thirty-two Page 2793 and six tenths (1,332.6) feet to the southwest corner of land lot 429; thence south along the west line of land lot 428 nine hundred ninety-nine (999) feet to the present city limits (along the Old Cobb County line); thence northwesterly, westerly, and southwesterly along the Old Cobb County line to the center of Mountain Park Road (also known as Woodstock Road); thence in a northwesterly direction along said Mountain Park Road six hundred twenty-five (625) feet to the center of North Coleman Road; thence west along the center of North Coleman Road one thousand four hundred four (1,404) feet to the west line of land lot 370; thence north along the west line of land lot 370 five hundred eighty-nine (589) feet, more or less, to an iron pin at the northeast corner of land lot 349; thence west along the north line of land lot 349 one thousand three hundred three and two tenths (1,303.2) feet to an iron pin at the northwest corner of land lot 349; thence south along the west line of land lot 349 one thousand three hundred twenty-eight (1,328) feet, more or less, to an iron pin at the southwest corner of land lot 349; thence east along the south line of land lot 349 one thousand three hundred three (1,303) feet, more or less, to an iron pin at the southeast corner of land lot 349; thence south along the west lines of land lots 371 and 372 of the first district, second section, Fulton County, Georgia, to the southwest corner of land lot 372; thence southeasterly along the center line of Pine Grove Road to the west line of land lot 386; thence south along the west lines of 386, 385, 384, and 383 to the center of Marietta Road, also known as Marietta Street, also known as State Highway No. 120; thence southwesterly along the center of Marietta Road four hundred eighty (480) feet to the point at the intersection of Marietta Road and the center of Spring Drive if the center of Spring Drive were extended to intersect the center of Marietta Road; thence south along the center of Spring Drive eight hundred fifty-nine (859) feet to a point; thence east at an inside angle of 86 degrees 40 minutes to the aforementioned line two hundred thirty-five (235) feet to a concrete monument; thence south at an outside angle of two hundred seventy-three (273) degrees 20 minutes to the aforementioned line two hundred (200) Page 2794 feet to a concrete monument; thence southeasterly at an inside angle of 161 degrees 40 minutes to the aforementioned line five hundred seventeen and five tenths (517.5) feet to a concrete monument; thence southerly at an outside angle of 195 degrees to the aforementioned line on hundred (100) feet to a concrete monument; thence southwesterly at an outside angle of 190 degrees to the aforementioned line four hundred seven (407) feet to a concrete monument; thence south at an inside angle of 168 degrees 28 minutes to the aforementioned line four hundred ninety and eight tenths (490.8) feet to the south line of land lot 377 and the center of formerly Chattahoochee Avenue, now Hillcrest Avenue; thence west along the south line of land lot 377 and along the north line of land lot 341 one thousand three hundred forty (1,340) feet to the northwest corner of said land lot; thence south along the west lines of land lot 341 and land lot 340 to the north bank of the Chattahoochee River; thence south along the west line of land lot 340 if said west line were extended across the Chattahoochee River to the south bank of the Chattahoochee River; thence in an eastern direction along the southern bank of the Chattahoochee River eight thousand one hundred twenty (8,120) feet, more or less, to a point on the south bank of the Chattahoochee River at the intersection of a line drawn from the southeast corner where Vickery Creek enters into the Chattahoochee River to the south bank of the Chattahoochee River; then north four hundred eighty (480) feet, more or less, across the Chattahoochee River to the starting point at the mouth of Vickery Creek. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 10, 1964. Page 2795 CITY OF ROSWELLCORPORATE LIMITS. No. 841 (Senate Bill No. 252). An Act to amend an Act establishing a new charter for the City of Roswell, approved February 9, 1950 (Ga. L. 1950, p. 2178), as amended, particularly by an Act approved March 4, 1955 (Ga. L. 1955, p. 2639), an Act approved March 7, 1957 (Ga. L. 1957, p. 2663), an Act approved March 28, 1961 (Ga. L. 1961, p. 2511), and an Act approved March 6, 1962 (Ga. L. 1962, p. 3204), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Roswell, approved February 9, 1950 (Ga. L. 1950, p. 2178), as amended, particularly by an Act approved March 4, 1955 (Ga. L. 1955, p. 2639), an Act approved March 7, 1957 (Ga. L. 1957, p. 2663), an Act approved March 28, 1961 (Ga. L. 1961, p. 2511), and an Act approved March 6, 1962 (Ga. L. 1962, p. 3204), 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 of the City of Roswell are defined to be: Beginning at the southeast corner where Vickery Creek enters the Chattachoochee River and running north along Vickery Creek, making said creek the boundary line, to the mouth of Oxbo Creek (also known as Hogwaller Creek); thence north along Oxbo Creek to a point six hundred thirty-four (634) feet north of the south line of land lot no. 425; thence east a distance of one thousand seven hundred forty-nine (1,749) feet to an iron pin on the west side of Oxbo Road right-of-way; thence in a southerly and southeasterly direction along the west side of said Oxbo Road three hundred forty (340) feet to a point; thence east one thousand thirty-five (1,035) feet to an iron pin on the east line of land lot 463; thence north along the east Page 2796 line of land lot 463 one thousand four hundred thirty-seven (1,437) feet to an iron pin on the south side of Warsaw Road; thence westerly along the south side of Warsaw Road two hundred eighty-five and six tenths (285.6) feet to a point on the west side of Oxbo Road; thence in a northeasterly direction along the west side of Oxbo Road one thousand forty-three (1,043) feet to a point; said point being on the north line of land lot 489 one hundred seventeen (117) feet east of the northwest corner of land lot 489; thence west along the north lines of land lots 489, 464, and 451, two thousand three hundred thirty-three (2,333) feet to the center of Oxbo Creek; thence in a northeasterly, northerly and northwesterly direction along the center of Oxbo Creek to the center line of U. S. Highway No. 19; thence Northeasterly along the center line of U. S. Highway No. 19 to the intersection of the west line of land lot 466 with the center line of said Highway; thence north along the west line of land lots 466 and 467 one thousand three hundred eighty-three (1,383) feet, more or less, to an iron pin; thence west one thousand four hundred ten (1,410) feet, more or less, to an iron pin on the west line of land lot 448; thence south along the west line of land lot 448 to the southwest corner of land lot 448; thence west along the south lines of land lot 429, 409, 390, 369 and 350 to the southeast corner of land lot 324; thence south along the west line of land lot 349 one thousand three hundred twenty-eight (1,328) feet, more or less, to an iron pin at the southwest corner of land lot 349; thence east along the south line of land lot 349 one thousand three hundred three (1,303) feet, more or less, to an iron pin at the southeast corner of land lot 349; thence south along the west lines of land lots 371, 372, 373, 374, 375, 376, and 377 of the first district, second section, Fulton County, Georgia, to the southeast corner of land lot 342; thence West along the north line of land lot 341 one thousand three hundred forty (1,340) feet to the northwest corner of said land lot; thence south along the west lines of land lot 341 and land lot 340 to the north bank of the Chattahoochee River; thence south along the west line of land lot 340 if said west line were extended across the Chattahoochee River to the south bank of the Chattahoochee River; thence Page 2797 in an eastern direction along the southern bank of the Chattahoochee River eight thousand one hundred twenty (8,120) feet, more or less, to a point on the south bank of the Chattahoochee River at the intersection of a line drawn from the southeast corner where Vickery Creek enters into the Chattahoochee River to the south bank of the Chattahoochee River; thence north four hundred eighty (480) feet, more or less, across the Chattahoochee River to the starting point at the mouth of Vickery Creek. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 10, 1964. TOWN OF YOUNG HARRISTERMS OF MAYOR AND COUNCILMEN. No. 842 (Senate Bill No. 257). An Act to amend an Act reincorporating the Town of Young Harris as the City of Young Harris, approved March 17, 1960 (Ga. L. 1960, p. 2523), so as to change the number of council members; to change the method of electing council members; to provide for terms of office on a staggered basis; 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 Young Harris as the City of Young Harris, approved March 17, 1960 (Ga. L. 1960, p. 2523), is hereby amended by striking the first sentence of section 4 in its entirety and inserting in lieu thereof a new first sentence to read as follows: Page 2798 Section 4. The governing authority of said city shall consist of a mayor and six councilmen to be known as the mayor and council. Governing authority. Section 2. 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. On the second Saturday in December 1964, there shall be an election for a mayor and six councilmen. The person receiving the highest number of votes for mayor shall serve for a term of two years and until his successor is elected and qualified. The person receiving the highest number of votes for councilman shall be elected to council post no. 1. The person receiving the next highest number of votes for councilman shall be elected to council post no. 2. The person receiving the third highest number of votes for councilman shall be elected to council post no. 3. The person receiving the fourth highest number of votes for councilman shall be elected for council post no. 4. The person receiving the fifth highest number of votes for councilman shall be elected to council post no. 5. The person receiving the sixth highest number of votes for councilman shall be elected to council post no. 6. The person elected to council post nos. 1, 2, and 3 shall serve for a term of two years and until their successors are elected and qualified. Biennially thereafter, on the same date, there shall be an election to fill said council posts, and the candidate for each respective council post shall designate at the time of his qualification to enter said election the post for which he is offering. Elections, etc. The persons elected to council post nos. 4, 5, and 6 shall serve an initial term of one year and until their successors are elected and qualified. On the second Saturday in December 1965, there shall be an election to fill council post nos. 4, 5, and 6 and the candidate for each respective council post shall designate at the time of his qualification to enter said election the post for which he is offering. The person receiving the highest number of votes for each respective council post shall serve for a term of two years and until his successor is elected and qualified. Biennially thereafter, Page 2799 on the same date, there shall be an election to fill said council posts, and the candidate for each respective council post shall designate at the time of his qualification to enter said election the post for which he is offering. The mayor and council shall have the full authority to adopt the necessary ordinances fixing rules and regulations to govern such elections and fixing rules for registration, qualification of voters, voting, declaring the results of such election, filing and hearing contests, and all other matters connected therewith. The purpose and intent of this section is to provide for a mayor, whose term of office shall be two years; to provide for three councilmen, whose terms of office shall be two years; to provide for three councilmen, whose terms of office shall also be two years but whose initial terms shall be one year; and to provide that each councilmen shall designate the council post for which he is offering as a candidate after the initial election to be held on the second Saturday in December 1964. Intent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 10, 1964. CITY OF ROSWELLCHARTER AMENDED. No. 843 (Senate Bill No. 262). An Act to amend an Act establishing a new charter for the City of Roswell, approved February 9, 1950 (Ga. L. 1950, p. 2178), as amended, particularly by an Act approved March 4, 1955 (Ga. L. 1955, p. 2639), an Act approved March 7, 1957 (Ga. L. 1957, p. 2663), an Act approved March 28, 1961 (Ga. L. 1961, p. 2511), and an Act approved March 6, 1962 (Ga. L. 1962, p. 3204), so as to Page 2800 provide for the date of general elections of the City of Roswell; to provide that in the event any councilman shall [Illegible Text], resign, be removed or otherwise vacate his office, his successor shall be elected by a majority vote of the remaining council and the councilman so elected shall hold office for the unexpired term and until his successor is elected and qualified; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Roswell, approved February 9, 1950 (Ga. L. 1950, p. 2178), as amended, particularly by an Act approved March 4, 1955 (Ga. L. 1955, p. 2639), an Act approved March 7, 1957 (Ga. L. 1957, p. 2663), an Act approved March 28, 1961 (Ga. L. 1961, p. 2511), and an Act approved March 6, 1962 (Ga. L. 1962, p. 3204), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 which shall read as follows: Section 5. A general election shall be held annually on the first Wednesday of November in the City of Roswell. The next general election shall be held in 1964, and the city officials who are elected by the voters of said city at such election shall be elected to fill the vacancies in terms of office which expire on December 31 of the year of the general election. In the event a councilman shall die, resign, be removed or otherwise become unqualified and vacate his office, the successor shall be elected by a majority vote of the remaining council and the councilman so elected shall hold office for the unexpired term and until his successor is elected and qualified. Elections, vacancies. Section 2. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. The 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 except Page 2801 the offices of mayor and council. Said special election shall be held as soon as practicable but not less than ten (10) days from the date of the vacancy. Notice of the time of the special election shall be published once in a local newspaper, and said election shall be held under the same rules and regulations as general elections. Vacancies. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 10, 1964. CITY OF COLLEGE PARKCHARTER AMENDED. No. 849 (Senate Bill No. 289). An Act to amend an Act establishing a new charter for the City of College Park, Georgia, approved December 16, 1895, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of Georgia: That the Act approved December 16, 1895 (Ga. L. 1895, p. 251) establishing a new charter for the City of College Park is hereby further amended by adding thereto the following provisions: Section 1. The mayor and council of said city shall have the power and authority at any time, whenever in the judgment of said mayor and council the paving originally laid on any street or alley is worn out to such extent that it is no longer useful or good pavement, to repave such street or alley, or cause same to be repaved, and to carry into effect the authority herein granted, the said mayor and council shall have full power and authority to assess fifty (50%) percent of the actual total cost of repaving said street or alley against the real estate abutting on each side of said Page 2802 street or alley, upon which said work is done, and the owners thereof, in just proportions to the frontage by the foot of said property, that is, twenty-five (25%) percent of the total cost of such repaving shall be assessed against the real estate abutting on one side of said street or alley, and twenty-five (25%) percent of the total cost of such repaving shall be assessed against the opposite side of said street or alley. The city shall pay fifty (50%) percent of the total cost of such repaving. Provided, however, that corner property shall be assessed as follows: (a) where the repaving abuts property only on the front, the property shall be assessed for the amount of frontage, and (b) where the repaving abuts property on both the front and the side, the property shall be assessed for the frontage and for the side, but 100 feet of the side shall be exempted from assessment, and (c) where the repaving abuts property only on the side, the side shall be assessed, but 100 feet of the side shall be exempted from assessment. Streets, etc. The mayor and council shall have full power and authority to determine the manner, materials and methods to be employed in the repaving, curbing or guttering of any street. Whenever the mayor and council determine to repave any street or alley, they shall direct the city clerk to notify the owners of the property abutting such street or alley of the determination to do such work. Such notice may be given by publishing same once in the official newspaper of the city not less than seven days prior to the date of adoption of an ordinance to do such repaving; or such notice may be given by mailing written notice to each of such owners at least seven days prior to the date of adoption of an ordinance to do such repaving. If notice is mailed, addressing same to the owners of abutting property at their last address according to the tax records of the city, by first class mail in a properly addressed envelope with adequate postage thereon, shall be sufficient. Notice, however given, shall state a general description of the improvement, its location, its estimated cost per front foot, and shall state the proportionate amount to be assessed against the abutting real estate, and the time and place at Page 2803 which the adoption of an ordinance to do the work shall come up for consideration. The ordinance providing for doing the work may be adopted at any regular meeting after notice has been given as provided in this Section of this Act. When such repaving has been completed, the mayor and council shall adopt an ordinance assessing and approtioning the actual total cost thereof in just proportions to the frontage by the foot against the abutting real estate, as provided in this Section of this Act. The cost of such repaving shall not constitute a lien against the abutting real estate until the work has been completed and an ordinance has been adopted assessing the costs thereof, but after such time said assessments shall constitute a lien against the abutting real estate superior to all other liens except liens for taxes, and such liens shall be enforcible, and the assessments collectible by execution in the same manner as provided for the collection of delinquent taxes due the city. Section 2. The mayor and council shall have power and authority to construct and lay and provide for the construction and laying of street curbing and guttering, either or both, and the replacement of worn out or defective curbing or guttering, in and upon the streets of the city or any portion thereof, and shall have power and authority to assess fifty (50%) percent of the total cost thereof against the real estate abutting on the side of the street on which such curbing or guttering, or both, may be laid and constructed, and against the owners of such real estate, in just proportions according to the front footage of such abutting property. Corner property shall be assessed and exempted in the same manner as corner property is assessed and exempted for street repaving, as provided in section 1 of this Act. Whenever the mayor and council determine to lay or cause to be laid any street curbing or guttering, or both, they shall notify the owners of property abutting the street on which the work is to be done, shall adopt an ordinance to do the work, and upon completion of the work shall adopt an ordinance assessing fifty (50%) percent of the Page 2804 total cost thereof against the abutting real estate, in the same procedural manner as provided in section 1 of this Act governing the repaving of streets. Assessments for street curbing or guttering shall constitute a lien against the abutting property and owners thereof and shall be enforcible and collectible in the same manner as provided for the collection of delinquent taxes due the city. Curbign, etc. Section 3. Should any owner of any property upon which an execution is levied for any unpaid assessment for repaving or curbing or guttering or any one or more thereof, desire to contest the amount of the assessment, they may do so by filing with the levying officer an affidavit of illegality and stating therein the cause of such illegality and the amount admitted to be due, which amount admitted to be due shall be paid to the levying officer before the affidavit shall be received, and the affidavit shall be returned to the superior court of the county in which said property is located to be tried and determined as in other cases of illegality, subject to the penalties for delay in such cases made and provided, and it shall be the duty of the judge of the superior court of said county to give preference to those cases over all other pending cases in said court. Said mayor and council shall in all cases, in their discretion, have the power to grant a stay of execution for said assessment for such times as they may see fit, and collect the interest on the same at the rate of seven percent (7%) per annum. Affidavit of illegality. Section 4. The city shall have the right, power and authority to sell and transfer all such liens and assessments at their full value plus accrued interest, and the purchasers or transferees of such liens and assessments shall be protected by the same lien and to the same extent and in the same manner as said city was protected prior to such sale or transfer of such liens. Nothing in this section shall deprive any abutting lot owner of the right to pay his or her pro rata share of the cost of such improvement in cash at or before completion of the work. Section 5. The following Acts and parts of Acts are hereby repealed: (a) Section 5 of Ga. L. 1923, page 548; (b) Section 2 of Ga. L. 1927, page 957; Prior acts repealed. Page 2805 (c) Section 7 of Ga. L. 1929, page 963; (d) Section 4 of Ga. L. 1951, page 2797; (e) All of Ga. L. 1952, page 2451; (f) All of Ga. L. 1958, page 2668. Section 6. All Acts or parts of Acts in conflict herewith are repealed. See Enrolled Act for affidavit and advertisement. Approved March 10, 1964. CITY OF PERRYNUMBERED COUNCIL POSTS. No. 850 (Senate Bill No. 293). An Act to amend an Act creating a new charter for the City of Perry, approved March 29, 1937 (Ga. L. 1937, p. 2029), as amended, particularly by an Act approved February 27, 1956 (Ga. L. 1956, p. 2617), so as to provide for numbered city council posts; to provide that candidates for membership on the city council must qualify and run for specified numbered posts; to provide that election to such posts shall be by a majority vote; 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 Perry, approved March 29, 1937 (Ga. L. 1937, p. 2029), as amended, particularly by an Act approved February 27, 1956 (Ga. L. 1956, p. 2617), is hereby amended by adding at the end of the third paragraph of section 4 the following: Provided council posts shall be numbered one through six inclusive and the election to council posts numbered one, two, and three shall be held on the first Tuesday in December 1964 and every two years thereafter and the election to council posts numbered four, five, and six shall Page 2806 be held on the first Tuesday in December 1965 and every two years thereafter; provided further election to such specific post shall be by majority vote of the qualified voters who vote in any such election. In the event no candidate receives such a majority vote, then a `run-off' election between the two candidates with the highest number of votes shall be ordered within 10 days after the result has been declared, under the same registration list, and the candidate receiving the highest number of votes cast in such `run-off' election shall be declared duly elected to such post., so that when so amended, the third paragraph of section 4 shall read as follows: Thereafter there shall be an election in said city on the first Tuesday in December, 1938, for the election of three councilmen to succeed those councilmen whose terms expire on December 31, 1938. The councilmen so elected shall hold office for a period of two years and thereafter the terms of such elected officers shall be two years and an election shall be held on every first Tuesday in December, thereafter, for the election of successors of those officers whose terms expire on December 31st of that year. Provided council posts shall be numbered one through six inclusive and the election to council posts numbered one, two, and three shall be held on the first Tuesday in December 1964 and every two years thereafter and the election to council posts numbered four, five, and six shall be held on the first Tuesday in December 1965 and every two years thereafter; provided further election to such specific post shall be by majority vote of the qualified voters who vote in any such election. In the event no candidate receives such a majority vote, then a `run-off' election between the two candidates with the highest number of votes shall be ordered within 10 days after the result has been declared, under the same registration list, and the candidate receiving the highest number of votes cast in such `run-off' election shall be declared duly elected to such post. Page 2807 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 10, 1964. CITY OF POWDER SPRINGSCORPORATE LIMITS. No. 852 (Senate Bill No. 295). An Act to amend an Act incorporating the City of Powder Springs, approved August 5, 1920 (Ga. L. 1920, p. 1437), as amended, so as to extend the corporate limits of the City of Powder Springs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Powder Springs, approved August 5, 1920 (Ga. L. 1920, p. 1437), as amended, is hereby amended by adding between section 1 (c) and section 2 a new section to be numbered section 1 (d) and to read as follows: Section 1 (d). On and after the approval of this Act the corporate limits of the City of Powder Springs shall include in addition to the above described area, all the area embraced within the following described parcels and tracts of land: All that tract or parcel of land lying and being in land lots nos. 756 and 799 of the 19th district, 2nd section, Cobb County, Georgia, and being all of the land of the T. T. Rice estate located in said land lots, not presently within the corporate limits of the City of Powder Springs, and being more particularly described as follows: Beginning at the intersection of the present city limits and the east right of way of Macland Road; running thence Page 2808 northerly along the east right of way of said Macland Road to the north line of said land lot no. 756; running thence east along the north line of said land lot no. 756 to the northeast corner of said land lot; running thence south along the east line of said land lots nos. 756 and 799 to the present city limits; running thence west along the present city limits to the east right of way of Macland Road and the point of beginning. All that tract or parcel of land lying and being in land lot 944 of the 19th district, 2nd section of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point formed by the intersection of the east side of Lindley Circle with the north side of Sharon Drive; thence running each along the north side of Sharon Drive for a distance of 100 feet; thence running in a north-easterly direction for a distance of 250 feet to a point, which is 200 feet east of the east side of Lindley Circle, as measured along the course north 85 degrees, 30 minutes east; thence running in a northeasterly direction for a distance of 100 feet, more or less, to a point which is 269.9 feet northeast of the east side of Lindley Circle, as measured along the course north 69 degrees, 55 minutes east; thence running north 10 degrees, 00 minutes east for a distance of 190 feet to a point; thence running north 78 degrees, 55 minutes west for a distance of 300 feet to a point located on the east side of Lindley Circle; thence running south along the east side of Lindley Circle and following the curvature thereof for a distance of 564.8 feet to a point on the north side of Sharon Drive and being the point of beginning. 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 10, 1964. Page 2809 RICHMOND COUNTYELECTIONS TO FILL VACANCIES IN COUNTY OFFICES. No. 854 (Senate Bill No. 315). An Act to amend an Act entitled An Act to create a board of commissioners of roads and revenues for the County of Richmond; to define their powers and duties, and for other purposes., approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, so as to provide that elections called by the board of commissioners of roads and revenues to fill vacancies in county offices shall be called and held within sixty days of the date the vacancy occurs; 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 commissioners of roads and revenues for the County of Richmond; to define their powers and duties, and for other purposes., approved August 19, 1907 (Ga. L. 1907, p. 324), 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. The board of commissioners of roads and revenues shall call and hold an election for the purpose of filling vacancies in county offices within a period of sixty days after the vacancy occurs therein. 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 10, 1964. Page 2810 RICHMOND COUNTYAUDITS. No. 855 (Senate Bill No. 316). An Act to amend an Act entitled An Act to create a board of commissioners of roads and revenues for the County of Richmond; to define their powers and duties, and for other purposes., approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, so as to provide the procedure of obtaining an accounting firm for the purpose of auditing county offices handling public funds; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create a board of commissioners of roads and revenues for the County of Richmond; to define their powers and duties, and for other purposes., approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, is hereby amended by adding following section 3 a new section to be numbered section 3A and to read as follows: Section 3A. The fall grand jury of Richmond County shall each year submit to the governing authority of Richmond County a list of three certified public accounting firms. The governing authority of Richmond County shall select from among those firms submitted to them an accounting firm which shall perform an audit of all county offices handling public funds of Richmond County. Said audit shall cover the immediately preceding fiscal year. No such firm shall be selected for said audit which has performed such service for three consecutive years. 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 10, 1964. Page 2811 HOUSTON COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 856 (Senate Bill No. 322). An Act to place the clerk of the superior court of Houston County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; to provide for personnel within the clerk's office; to provide for budgets; to provide for arbitration concerning budget disputes; to provide for the disposition of fees; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. After the effective date of this Act, the clerk of the superior court of Houston County shall be compensated by an annual salary, to be fixed as provided for hereinafter, in lieu of the fee system of compensation, or in lieu of a fee system of compensation supplemented by a salary which may be in effect for said officer. The annual salary provided for hereinafter shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments, and perquisites of whatever kind heretofore allowed as compensation to the clerk, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments, or perquistes were rendered. Nothing in this section shall be construed to prevent said officer from receiving any retirement in addition to any salary which such officer has been paid during his tenure of office. Salary basis. Section 2. The annual salary of the clerk shall be fixed by the governing authority of Houston County before said officer takes office on January 1 of the year following his election. Said salary shall not be diminished thereafter during the term of office of said officer, but may be increased by the governing authority. The annual salary of said officer shall not be less than $13,000, plus 5% thereof for each four year period of service served in office by said officer, not to exceed 20% of the base salary provided for herein. Salary etc. Page 2812 Section 3. The clerk shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to discharge efficiently and effectively the official duties of his office. The clerk shall at least ninety days before the first day of January of each year, beginning with January, 1965, recommend to the governing authority of Houston County the number of such personnel needed by his office, together with the suggested compensation to be paid each employee, and a proposed budget covering the costs of operating said office for the next ensuing year. It shall be within the sole power and authority of the clerk, during his respective term of office, to designate and name the person or persons who shall be employed as deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Deputies, budget, etc. Section 4. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or in case a disagreement arises between said officer and the governing authority over the salaries, the clerk shall be authorized to appeal to an arbitration committee composed of the judge of the superior court of Houston County, the solicitor-general, senator, representatives, and the chairman of the governing authority of the county. Said committee shall then fix the disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final. Arbitration of budget matters. Section 5. All fees, fines, forfeitures, costs, commissions, emoluments, and perquisites of whatever nature provided by laws for services rendered by the clerk shall be charged and collected by said officer and shall be held by him as county funds. On or before the 15th day of each month, the clerk shall pay over to the fiscal authority of Houston County, all such funds as shall have been collected by him for the county during the immediately preceding calendar month. The clerk shall keep such books and records as shall be prescribed by the governing authority of Houston County and all such records shall be open to the inspection of the public, the governing authority of Houston County and Page 2813 their auditors at all times during the hours for which said office is open for business. Fees. Section 6. All fees, costs, fines, forfeitures, commissions, allowances, penalties, funds, monies, payments into retirement system and all other emoluments which have accrued to the clerk at the time this Act becomes effective and to which said officer is entitled and which remain uncollected at the time this Act becomes effective, shall when collected be paid to said officer. He shall, however, report the collection of any such fees to the governing authority of the county. Same. Section 7. The provisions of this Act as to all planning and budgetary functions shall become effective upon its approval by the Governor; however, the effective date of the salary system provided for herein shall become effective January 1, 1965. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 10, 1964. HOUSTON COUNTYTAX COMMISSIONER PLACED ON SALARY BASIS. No. 857 (Senate Bill No. 323). An Act to place the tax commissioner of Houston County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; to provide for personnel within the tax commissioner's office; to provide for budgets; to provide for arbitration concerning budget disputes; to provide for the disposition of fees; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Page 2814 Section 1. After the effective date of this Act, the tax commissioner of Houston County shall be compensated by an annual salary, to be fixed as provided for hereinafter, in lieu of the fee system of compensation, or in lieu of a fee system of compensation supplemented by a salary which may be in effect for said officer. The annual salary provided for hereinafter shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments, and perquisites of whatever kind heretofore allowed as compensation to the tax commissioner, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments, or perquisites were rendered. Nothing in this section shall be construed to prevent said officer from receiving any retirement in addition to any salary which such officer has been paid during his tenure of office. Salary basis. Section 2. The annual salary of the tax commissioner shall be fixed by the governing authority of Houston County before said officer takes office on January 1 of the year following his election. Said salary shall not be diminished thereafter during the term of office of said officer, but may be increased by the governing authority. The annual salary of said officer shall not be less than $12,000.00 plus 5% thereof for each four year period of service served in office by said officer, not to exceed 20% of the base salary provided for herein. Salary. Section 3. The tax commissioner shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to discharge efficiently and effectively the official duties of his office. The tax commissioner shall at least ninety days before the first day of January of each year, beginning with January, 1965, recommend to the governing authority of Houston County the number of such personnel needed by his office, together with the suggested compensation to be paid each employee, and a proposed budget covering the costs of operating said office for the next ensuing year. It shall be within the sole power and authority of the tax commissioner, during his respective term of office, to designate and name the person or persons who shall be employed as deputies, clerks, Page 2815 assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Deputies, budget, etc. Section 4. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or in case a disagreement arises between said officers and the governing authority over the salaries, the tax commissioner shall be authorized to appeal to an arbitration committee composed of the judges of the superior court of Houston County, the solicitor-general, senator, representatives, and the chairman of the governing authority of the county. Said committee shall then fix the disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final. Arbitration of budget matters. Section 5. All fees, fines, forfeitures, costs, commissions, emoluments, and perquisites of whatever nature provided by law for services rendered by the tax commissioner, except as hereinafter provided, shall be charged and collected by said officer and shall be held by him as county funds. On or before the 15th day of each month, the tax commissioner shall pay over to the fiscal authority of Houston County, all such funds as shall have been collected by him for the county during the immediately preceding calendar month. The tax commissioner shall keep such books and records as shall be prescribed by the governing authority of Houston County and all such records shall be open to the inspection of the public, the governing authority of Houston County and their auditors at all times during the hours for which said office is open for business. Fees. Section 6. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, except those commissions allowed by 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, which commissions the tax commissioner shall be entitled to receive and retain up Page 2816 to the sum of $2,000.00 in addition to the salary provided for herein. Same. Section 7. All fees, costs, fines, forfeitures, commissions, allowances, penalties, funds, monies, payments into retirement system and all other emoluments which have accrued to the tax commissioner at the time this Act becomes effective and to which said officer is entitled and which remain uncollected at the time this Act becomes effective, shall when collected be paid to said officer. He shall, however, report the collection of any such fees to the governing authority of the county. Fees. Section 8. The provisions of this Act as to all planning and budgetary functions shall become effective upon its approval by the Governor; however, the effective date of the salary system provided for herein shall become effective January 1, 1965. Effective dates. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 10, 1964. HOUSTON COUNTYORDINARY PLACED ON SALARY BASIS. No. 858 (Senate Bill No. 324). An Act to place the ordinary of Houston County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; to provide for personnel within the ordinary's office; to provide for budgets; to provide for arbitration concerning budget disputes; to provide for the disposition of fees; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Page 2817 Section 1. After the effective date of this Act, the ordinary of Houston County shall be compensated by an annual salary, to be fixed as provided for hereinafter, in lieu of the fee system of compensation, or in lieu of a fee system of compensation supplemented by a salary which may be in effect for said officer. The annual salary provided for hereinafter shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments, and perquisites of whatever kind heretofore allowed as compensation to the ordinary, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments, or perquisites were rendered. Nothing in this section shall be construed to prevent said officer from receiving any retirement in addition to any salary which such officer has been paid during his tenure of office. Salary basis. Section 2. The annual salary of the ordinary shall be fixed by the governing authority of Houston County before said officer takes office on January 1 of the year following his election. Said salary shall not be diminished thereafter during the term of office of said officer, but may be increased by the governing authority. The annual salary of said officer shall not be less than $12,000.00, plus 5% thereof for each four year period of service served in office by said officer, not to exceed 20% of the base salary provided for herein. Salary. Section 3. The ordinary shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to discharge efficiently and effectively the official duties of his office. The ordinary shall at least ninety days before the first day of January of each year, beginning with January, 1965, recommend to the governing authority of Houston County the number of such personnel needed by his office, together with the suggested compensation to be paid each employee, and a proposed budget covering the costs of operating said office for the next ensuing year. It shall be within the sole power and authority of the ordinary, during his respective term of office, to designate and name the person or persons who shall be employed as deputies, clerks, assistants or other employees, Page 2818 and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Deputies, budget, etc. Section 4. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or in case a disagreement arises between said officer and the governing authority over the salaries, the ordinary shall be authorized to appeal to an arbitration committee composed of the judges of the superior court of Houston County, the solicitor-general, senator, representatives, and the chairman of the governing authority of the county. Said committee shall then fix the disputed salary or salaries and all other matters included in said appeal. The determination made by said committee shall be final. Arbitration of budget matters. Section 5. All fees, fines, forfeitures, costs, commissions, emoluments, and perquisites of whatever nature provided by law for services rendered by the ordinary shall be charged and collected by said officer and shall be held by him as county funds. On or before the 15th day of each month, the ordinary shall pay over to the fiscal authority of Houston County all such funds as shall have been collected by him for the county during the immediately preceding calendar month. The ordinary shall keep such books and records as shall be prescribed by the governing authority of Houston County and all such records shall be open to the inspection of the public, the governing authority of Houston County and their auditors at all times during the hours for which said office is open for business. Fees. Section 6. All fees, costs, fines, forfeitures, commissions, allowances, penalties, funds, monies, payments into retirement system and all other emoluments which have accrued to the ordinary at the time this Act becomes effective and to which said officer is entitled and which remain uncollected at the time this Act becomes effective, shall when collected be paid to said officer. He shall however, report the collection of any such fees to the governing authority of the county. Same. Section 7. The provisions of this Act as to all planning Page 2819 and budgetary functions shall become effective upon its approval by the Governor, however, the effective date of the salary system provided for herein shall become effective January 1, 1965. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 10, 1964. HOUSTON COUNTYSHERIFF PLACED ON SALARY BASIS. No. 859 (Senate Bill No. 325). An Act to place the sheriff of Houston County upon an annual salary in lieu of the fee system of compensation; to provide the manner in which such salary shall be fixed; to provide for personnel within the sheriff's office; to provide for budgets; to provide for arbitration concerning budget dispute; to provide for the disposition of fees; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. After the effective date of this Act, the sheriff of Houston County shall be compensated by an annual salary, to be fixed as provided for hereinafter, in lieu of the fee system of compensation, or in lieu of a fee system of compensation supplemented by a salary which may be in effect for said officer. The annual salary provided for hereinafter shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments, and perquisites of whatever kind heretofore allowed as compensation to the Sheriff, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments, or perquisites were rendered. Nothing in this section shall Page 2820 be construed to prevent said officer from receiving any retirement in addition to any salary which such officer has been paid during his tenure of office. Salary. Section 2. The annual salary of the sheriff shall be fixed by the governing authority of Houston County before said officer takes office on January 1 of the year following his election. Said salary shall not be diminished thereafter during the term of office of said officer, but may be increased by the governing authority. The annual salary of said officer shall not be less than $13,000, plus 5% thereof for each four year period of service served in office by said officer, not to exceed 20% of the base salary provided for herein. Salary. Section 3. The sheriff shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to discharge efficiently and effectively the official duties of his office. The sheriff shall at least ninety days before the first day of January of each year, beginning with January, 1965, recommend to the governing authority of Houston County the number of such personnel needed by his office, together with the suggested compensation to be paid each employee, and a proposed budget covering the costs of operating said office for the next ensuing year. It shall be within the sole power and authority of the sheriff, during his respective term of office, to designate and name the person or persons who shall be employed as deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Deputies, budget, etc. Section 4. In the event the governing authority of Houston County shall refuse or fail to approve the budget, or in case a disagreement arises between said officer and the governing authority over the salaries, the sheriff shall be authorized to appeal to an arbitration committee composed of the judges of the superior court of Houston County, the solicitor-general, senator, representatives, and the chairman of the governing authority of the county. Said committee shall then fix the disputed salary or salaries and all Page 2821 other matters included in said appeal. The determination made by said committee shall be final. Arbitration of budget matters. Section 5. All fees, fines, forfeitures, costs, commissions, emoluments, and perquisites of whatever nature provided by law for services rendered by the Sheriff shall be charged and collected by said officer and shall be held by him as county funds. On or before the 15th day of each month, the sheriff shall pay over to the fiscal authority of Houston County, all such funds as shall have been collected by him for the county during the immediately preceding calendar month. The sheriff shall keep such books and records as shall be prescribed by the governing authority of Houston County and all such records shall be open to the inspection of the public, the governing authority of Houston County and their auditors at all times during the hours for which said office is open for business. Fees. Section 6. All fees, costs, fines, forfeitures, commissions, allowances, penalties, funds, monies, payments into retirement system and all other emoluments which have accrued to the sheriff at the time this Act becomes effective and to which said officer is entitled and which remain uncollected at the time this Act becomes effective, shall when collected be paid to said officer. He shall, however, report the collection of any such fees to the governing authority of the county. Same. Section 7. The provisions of this Act as to all planning and budgetary functions shall become effective upon its approval by the Governor; however, the effective date of the salary system provided for herein shall become effective January 1, 1965. Effective dates. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 10, 1964. Page 2822 CITY OF MARIETTACHARTER AMENDED. No. 860 (Senate Bill No. 339). An Act to amend an Act providing a new charter for the City of Marietta, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, particularly by an Act approved February 4, 1949 (Ga. L. 1949, p. 238), an Act approved March 13, 1957 (Ga. L. 1957, p. 3102), an Act approved March 2, 1959 (Ga. L. 1959, p. 2111), and an Act approved April 4, 1963 (Ga. L. 1963, p. 2947), so as to change the corporate limits of said city; to provide for increased benefits for certain persons under certain conditions; to authorize the use of voting machines; to provide for the powers, duties, and responsibilities of the city manager of the City of Marietta; to authorize the mayor and council to prescribe rules and regulations, fix qualifying fees, and otherwise provide for the holding of general elections; to provide for the salary of the mayor; to change the jurisdiction of the mayor's court; to provide for the powers and duties of the committees of the council of the City of Marietta; to authorize the mayor to appoint a freeholder of the City of Marietta to preside over said court; to prescribe the authority of the Civil Service Board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a new charter for the City of Marietta, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, particularly by an Act approved February 4, 1949 (Ga. L. 1949, p. 238), an Act approved March 13, 1957 (Ga. L. 1957, p. 3102), an Act approved March 2, 1959 (Ga. L. 1959, p. 2111), and an Act approved April 4, 1963 (Ga. L. 1963, p. 2947), is hereby amended by extending the corporate limits of the City of Marietta to embrace the territory and inhabitants of the following described tracts: Tract 1. All that tract or parcel of land lying and being in land lots 1011 and 1012 of the 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Page 2823 Beginning at a point where the south boundary of land lot 1012 intersects the westerly right-of-way line of Kennesaw Avenue; said beginning point is also the present city limit line of Marietta, Georgia; running thence northwesterly along the westerly right-of-way line of Kennesaw Avenue for a distance of 547 feet to a point; running thence north 89 degrees 50 minutes west for a distance of 246 feet to a point; running thence south 18 degrees 41 minutes east for a distance of 160.4 feet to a point; running thence north 89 degrees 50 minutes west for a distance of 1450 feet to a point on the west lot line of land lot 1011; running thence north 2 degrees 03 minutes east along the west lot line of land lot 1011 for a distance of 375 feet to a point; running thence north 90 degrees east for a distance of 652 feet to a point; running thence north 0 degrees east for a distance of 25 feet to a point; running thence north 90 degrees east for a distance of approximately 849 feet to the westerly right-of-way of Kennesaw Avenue; thence continuing east in a straight line for a distance of five feet into said Kennesaw Avenue; running thence southeasterly five feet east of and parallel to the westerly right-of-way line of Kennesaw Avenue to the south land lot line of land lot 1012 and the present city limit line of Marietta; running thence westerly along said south lot line of land lot 1012 and present city limit line to the westerly right-of-way line of Kennesaw Avenue and the point of beginning. Corporate limits. Tract 2. All that tract or parcel of land lying and being in land lot 1239 of the 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the south right-of-way line of Roswell Road; said right-of-way line is also present city limit line of Marietta, Georgia; said beginning point is 460 feet west of the intersection of the south right-of-way line of Roswell Road and the southwesterly right-of-way line of Powers Ferry Road; running thence south 0 degrees 16 minutes east along the present city limit line for a distance of 150 feet to a point; thence south 89 degrees 19 minutes west for a distance of 115 feet to a point; thence north 0 degrees 16 minutes west for a distance of 150 feet to the Page 2824 south right-of-way line of Roswell Road and the present city limit line; thence north 89 degrees 19 minutes east along the south right-of-way line of Roswell Road and the present city limit line for a distance of 115 feet to the point of beginning. Tract 3. All that tract or parcel of land lying and being in land lot 1153 of the 16th District, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the west right-of-way line of Mountain View Road; said right-of-way is also present city limit line of Marietta, Georgia; said beginning point is 334 feet south of the intersection of the west right-of-way line of Mountain View Road and the north boundary of land lot 1153; running thence south 89 degrees west along the present city limit line for a distance of 175 feet to a point; thence south 1 degree east for a distance of 100 feet to a point; thence north 89 degrees east for a distance of 175 feet to a point on the west right-of-way line of Mountain View Road; said right-of-way is also present city limit line of the City of Marietta, Georgia; running thence north along the west right-of-way line of Mountain View Road and present city limit line for a distance of 100 feet to the point of beginning. Tract 4. All that tract or parcel of land lying and being in land lots 507, 574, 501, 508, 573, 509, and 572 of the 17th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the northwest corner of land lot 501; and beginning point is on the present city limit line of Marietta, Georgia; running thence in an easterly direction along the north boundary line of land lots 501 and 508 for a distance of 2425.4 feet to a point; running thence north 65 degrees 07 minutes along the present city limit line of Marietta, Georgia, for a distance of 77.8 feet to a point on the southeast side of a 30-foot road; thence north 50 degrees 54 minutes east along the south side of said road for a distance Page 2825 of approximately 45 feet to a point; thence north 69 degrees 43 minutes east along the south said of said 30-foot road for a distance of 191 feet to a point; running thence south 37 degrees 36 minutes east 180.1 feet to a point on the south land lot line of land lot 574; thence south 88 degrees 24 minutes west along said land lot line a distance of 162 feet to the northeast corner of land lot 508; running thence south 0 degrees 48 minutes west along the eastern boundary of land lot 508 for a distance of 384.8 feet to a point; running thence north 89 degrees 51 minutes east 337.9 feet to a point; thence south 23 degrees 26 minutes east 323.1 feet to a point; thence south 24 degrees 53 minutes east for a distance of 657.1 feet to a point on the north boundary line of land lot 572; running thence 89 degrees 41 minutes east for a distance of 389.9 feet to a point on the western right-of-way of the U.S. 41 four-lane highway; thence south 24 degrees 32 minutes east along the western right-of-way of the U.S. 41 four-lane highway for a distance of 482.3 feet to a point on the eastern boundary line of land lot 572; thence south 1 degree 44 minutes east for a distance of 298.8 feet to a point on the north line of the property of the United States of America; thence north 88 degrees 16 minutes west along the north property line of the United States Government property for a distance of 849.8 feet to a point; running thence north 89 degrees 46 minutest west along the north line of said property for a distance of 1771.7 feet to a point on the west boundary of land lot 509; thence north 2 degrees 21 minutes west along the west boundary of land lot 509 for a distance of 674.9 feet to the northwest corner of said land lot 509; thence south 88 degrees 35 minutes west along the south line of land lot 501 a distance of 372 feet to a point; thence north 8 degrees 41 minutes west a distance of 436.1 feet to a point; thence south 87 degrees 45 minutes west a distance of 593.8 feet to a point; thence south 3 degrees east for a distance of 46.3 feet to a point; thence south 79 degrees 14 minutes west for a distance of 332.4 feet to a point on the west boundary of land lot 501; thence north 0 degrees 43 minutes east along the western boundary of land lot 501 to the northwest corner of land lot 501 and the point of beginning. Page 2826 Tract 5. All that tract or parcel of land lying and being in land lots 77, 78, and 79 of the 17th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the southeast corner of land lot 78, running thence east along the southern boundary of land lot 139 for a distance of 355 feet; running thence northerly for a distance of 12 feet; running thence west 12 feet north of and parallel to the south boundary of land lot 139 for a distance of approximately 358 feet; thence northwesterly to the city limit line of Marietta, Georgia; said city limit line is 300 feet south of and parallel to Powder Springs Road; running southwesterly along the present city limit line for a distance of approximately 472 feet; running thence south 1 degree 18 minutes east to the south land lot line of land lot 79; thence north 88 degrees 40 minutes east along the south land lot line of land lot 79 for a distance of 911 feet to the southeast corner of land lot 79; running north 1 degree 20 minutes west for a distance of 1264 feet to the southeast corner of land lot 78 and the point of beginning. The above-described property is shown more clearly on a plat made by J. P. Phillips, surveyor, dated May 24, 1951, and recorded in plat book 9, page 119, of the Cobb County, Georgia, records. Tract 6. All that tract or parcel of land lying and being in land lot 1071 of the 16th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the western right-of-way line of the U. S. 41 four-lane highway; said beginning point is 672 feet north of the center line of Allgood Road, as measured along the western right-of-way line of the U. S. 41 four-lane highway; thence forming an interior angle of 90 degrees with the western right-of-way line of the U. S. 41 four-lane highway, and running southwesterly for a distance of 315 feet to a point on the present city limit line of Marietta, Georgia; thence forming an interior angle of 90 degrees with the previous course and running along the Page 2827 present city limit line in a southeasterly direction for a distance of 175 feet to a point and corner; thence forming an interior angle of 90 degrees with the previous course and running in a northeasterly direction to a point on the present city limit line; thence running northeasterly along the present city limit line to a point on the western right-of-way line of the U. S. 41 four-lane highway; thence running northwesterly along the western right-of-way line of the U. S. 41 four-lane highway to a point 672 feet north of the center line of Allgood Road as measured along the western right-of-way line of the U. S. 41 four-lane highway; said point is point of beginning. The above-described property is all that property belonging to W. B. Smith, located in land lot 1071, 16th district, 2nd section, Cobb County, Georgia, which is not presently inside the corporate limits of the City of Marietta. Section 2. Said Act is further amended by inserting a new sentence at the end of section 1F to read as follows: `Any participating employee retiring on or prior to December 31, 1965, shall be entitled to receive any increase in retirement or disability benefits that may be enacted into law prior to December 31, 1965.' Pensions. Section 3. Said Act is further amended by inserting between section 18 and section 19 a new section 18A to read as follows: Section 18A. The mayor and council of the City of Marietta, Georgia, are hereby authorized to use voting machines in any general or special election of the City of Marietta, Georgia; and if the mayor and council elect to use voting machines in said future elections, the elections shall be held upon such conditions as may be prescribed by the mayor and council, not in conflict with the provisions of the charter of the City of Marietta, Georgia, or the laws of this State. Be it further enacted that the mayor and council of the City of Marietta may prescribe rules and regulations, fix qualifying fees, and otherwise provide for the holding of general elections for the elected officials of the City of Marietta, Georgia. Voting machines. Page 2828 Section 4. Said Act is further amended by striking section 19 in its entirety and inserting in lieu thereof a new section 19 to read as follows: Section 19. The mayor and council, at their first meeting after said election or as soon thereafter as is practicable, shall proceed to appoint or elect a treasurer (who shall not be a councilman), a clerk of council, a city attorney, and a city manager. The city manager shall have and exercise all powers and duties assigned to him by statute and such other authority as may be granted by the mayor and council. Said city manager shall be charged with the enforcement of all laws and ordinances within the municipality and shall have the power to hire and discharge the members of the various departments of the city, except those who now or hereafter may be protected by Civil Service. He shall have the power to determine the nature of services, powers, rights, limitations and conditions of employment of said employees, the power to negotiate and administer contracts within the budget approved by the mayor and council, to make all purchases of supplies, material, equipment in the manner prescribed by law and within the budget as approved by council and shall cause to be prepared each year the annual appropriation ordinance in time for consideration and enactment by the council during the fourth quarter of the prior fiscal year. He shall keep current accounts of the amounts appropriated and the amounts spent out of each appropriation, showing the unexpended appropriations at all times. The city manager shall keep a current inventory of all land and personal property of the city and its location. He shall be responsible for the care and custody of all such property including equipment, building, parks, and all other city property. He shall cause to be kept a complete set of maps and plats showing the location of all city utilities, municipal property, and all street and other public places and all lots or parcels of land subdivided according to law. Neither the mayor nor the council nor any of its members shall direct the appointment of any person to or his removal from office by the city manager or any of his subordinates. The city manager shall perform all of Page 2829 such other functions as may be directed by the mayor and council. The compensation to be paid to the city manager shall be determined and fixed by the mayor and council. City manager. The city council of the City of Marietta and all committees appointed by the mayor and council consisting of councilmen or councilmen and the mayor shall have the power to conduct hearings on any matters falling within the jurisdiction of said city council or any of the committees thereof including the power to subpoena witnesses and the power of subpoena duces tecum upon reasonable notice of the time and place of hearing as council may by rules and regulations prescribe. Committees. The members of the board of lights and water works of the City of Marietta, including the mayor and any member of the council who serve on this board, shall each receive six hundred ($600.00) dollars annually, payable in monthly installments of fifty ($50.00) dollars. Board of lights and waterworks. Section 5. Said Act is further amended by striking section 25 in its entirety and inserting 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 that the laws of the State and ordinances of the city are faithfully executed within the corporate limits; to see that each officer of said city discharges his duty, and to cause any officer and employee to be prosecuted for neglect, or violation of duty, or immoral conduct. He shall keep the council advised from time to time of the general condition of the city, and shall recommend measures as he may deem necessary or expedient for the welfare thereof. He shall call the council together when so requested by a majority of the council or when it seems to him to be important to the welfare of the city. Effective April 1, 1964, the mayor shall be paid a salary of three hundred ($300.00) dollars monthly in monthly installments of $300.00, plus travel Page 2830 expenses and official business expenditures for and in behalf of the city. He shall preside, or appoint a freeholder of the City of Marietta to preside as otherwise provided in this charter, as amended, 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 three hundred ($300.00) dollars including 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 sixty (60) days. Mayor. Mayor's court. Section 6. Said Act is further amended by striking section 27 in its entirety and inserting in lieu thereof a new section 27 to read as follows: Section 27. The Civil Service Board shall, within ninety (90) days from their appointment, adopt and have printed such rules and regulations for the government of the fire and police departments, in accordance with the provisions of this Act, as may seem necessary. Said board shall have the power and authority to fix the maximum and minimum age limits of applicants for examinations, and may specify the weight, heights, and other physical requirements of all applicants. All such rules, regulations and qualifications shall be subject to approval by the mayor and council of the City of Marietta and shall only be effective on and after the date of such approval. Civil service board. The power of the Civil Service Board is hereby limited to the power expressly conferred by the charter of the City of Marietta, as amended, and said board nor any of its members have any power or authority to give instructions to any member of any department under its jurisdiction with reference to the performance of their duties, and the authority of said board is hereby restricted to the appointment, removal and suspension of the employees of said department except that the rules, regulations and qualifications Page 2831 recommended by the board may be approved by the mayor and council of the City of Marietta and be effective from the date of such approval. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 10, 1964. BIBB COUNTYSTREETS, ETC. WITHIN MUNICIPALITIES. No. 861 (Senate Bill No. 345). An Act to authorize Bibb County to enter into agreements with any municipality within the limits of Bibb County for the construction and maintenance of any public streets, roads, bridges, sidewalks, curbings, gutters, and related facilities located within the limits of the County of Bibb; 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. In pursuance of the authority granted under Article VII, Section IV, Paragraph I of the Constitution as it relates to Bibb County, Bibb County is hereby authorized to enter into agreements with any municipality within the limits of Bibb County for the construction and maintenance of any public streets, roads, bridges, sidewalks, curbings, gutters, and related facilities located within the limits of the County of Bibb. Said agreements shall provide the manner in which the costs of such construction and maintenance shall be borne and shall provide for a method whereby each party to such agreements may relieve themselves of any part or portion of the obligations contained within said agreements. Page 2832 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 10, 1964. RICHMOND COUNTYBOARD OF EDUCATION. No. 862 (Senate Bill No. 359). An Act to amend an Act entitled An Act to regulate public instruction in the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1435), so as to change the terms of office of the president and vice-president; to provide that they shall have the right to succeed themselves; to change the fiscal year; to authorize the board of education to include in its budget any written commitments of payment of funds from the State Department of Education and from the United States; to relieve the members of the board of education from fiscal liability for deficit spending under certain circumstances; to authorize the business manager to sign checks or warrants in the absence of the superintendent; 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 regulate public instruction in the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1435), is hereby amended by adding at the end of section 3 the following: At the expiration of the terms of office of the present president and vice-president of the board of education, the president and vice-president of the board shall be elected as Page 2833 provided for above but shall serve for terms of office of two (2) years and until their successors are duly elected and qualified. They shall be eligible to succeed themselves in office. President and vice president. Section 2. Said Act is further amended by striking from the first paragraph of subsection (b) of section 7 the following: thirtieth day of June and substituting in lieu thereof the following: thirty-first day of August, so that when so amended, the first paragraph of subsection (b) of section 7 shall read as follows: (b) Budget . Not later than the fifteenth day of September in each year the superintendent of schools shall submit to the County Board of Education of Richmond County a tentative budget for the fiscal year ending on the succeeding thirty-first day of August. This budget shall contain estimates of expenditures as follows:. Section 3. Said Act is further amended by adding at the end of subsection (c) of section 7 the following: The County Board of Education of Richmond County is hereby authorized to include in its budget any commitments of payment of funds from the State Department of Education to the County Board of Education of Richmond County and from the United States Government to the County Board of Education of Richmond County. Funds. Section 4. Said Act is further amended by adding at the end of subsection (h) of section 7 the following: Provided, however, no such member shall be liable as provided above unless the deficit for any one year shall exceed $200,000.00 or the deficit shall not be included as a part of the following year's budget. Deficit. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 10, 1964. Page 2834 COMPENSATION TO NIMMER CHEVROLET COMPANY. No. 186 (House Resolution No. 256-689). A Resolution. To compensate the Nimmer Chevrolet Company; and for other purposes. Whereas, during the month of December, 1959, the State Highway Department was spraying tar in the City of Blackshear, County of Pierce, State of Georgia; and Whereas, while spraying this tar, the highway crew negligently allowed the wind to blow the tar on a number of automobiles owned by the Nimmer Chevrolet Company; and Whereas, said Nimmer Chevrolet Company was damaged in the amount of eighty-five dollars ($85.00), said sum being paid to clean and polish eight (8) automobiles; and Whereas, said damage and expense occurred through no fault or negligence whatsoever on the part of any employee of the Nimmer Chevrolet Company, and it is only just and proper that they be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Nimmer Chevrolet Company the sum of eighty-five ($85.00) dollars as compensation as set out above. Said sum shall be in full and final satisfaction of any claims against the State arising out of the above mentioned occurrence, Said sum shall be paid out of the funds appropriated to and available to said department. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Page 2835 Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 10, 1964. FULTON COUNTYCITY OF ATLANTA STUDY COMMISSIONTIME FOR MAKING REPORT EXTENDED, EXPENSES. No. 191 (House Resolution No. 481-1192). 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 Page 2836 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 April 2, 1963, the time within which said commission is required to make report was extended to the 1964 Session of the General Assembly, and Whereas, said commission in the performance of its work necessarily incurs expenses, Now, therefore, be it resolved by the General Assembly of the State of Georgia that the City of Atlanta and Fulton County shall reimburse said commission for necessary expenses incurred in formulating their report and in preparing the necessary legislation to implement their recommendations, said expenses to be shared equally by the City of Atlanta and Fulton County, and that said commission is required to make a report of its findings and recommendations to the 1965 Session of the General Assembly of Georgia. Approved March 10, 1964. COMPENSATION TO E. W. BANKS. No. 198 (House Resolution No. 79-157). A Resolution. Compensating E. W. Banks; and for other purposes. Whereas, on November 13, 1961, two vehicles, one belonging to E. W. Banks, Forsyth, Georgia, and the other belonging to the Georgia Department of Public Safety being driven by Trooper James L. Horne, were traveling north on U. S. Highway 23 following a vehicle driven by George P. Davis, Jr.; and Page 2837 Whereas, Mr. Davis desired to make a right turn off the highway into the driveway of his residence; and Whereas, as a result of Mr. Davis' turn, the drivers of the two vehicles following Mr. Davis were compelled to stop their automobiles immediately; and Whereas, Mr. Banks was able to stop his automobile so that he would not collide with that automobile driven by Mr. Davis, but the automobile driven by Trooper Horne and owned by the Georgia State Department of Public Safety was unable to stop thereby colliding into the rear end of Mr. Banks' automobile thereby resulting in damage to the same in the amount of $168.05; and Whereas, the accident occurred through no fault or negligence on the part of E. W. Banks 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 the sum of $168.05 to Mr. E. W. Banks by virtue of the statements 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 the State Department of Public Safety. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation Page 2838 or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be published as for a misdemeanor. Approved March 11, 1964. COMPENSATION TO C. W. CLARKE. No. 199 (House Resolution No. 80-157). A Resolution. Compensating C. W. Clarke; and for other purposes. Whereas, on or about August 7, 1962, the blade of a grass mowing machine, being operated by a State highway employee while cutting grass on the right-of-way of a State highway, struck a rock and propelled it through the front glass of Clark's Grocery, operated by Mr. C. W. Clarke, Route 5, Marietta, Georgia; and Whereas, the cost of repairing said broken glass was $28.14; Now, therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department is hereby authorized and directed to pay to C. W. Clarke the sum of $28.14 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 accident as set forth herein. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, Page 2839 or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 11, 1964. COMPENSATION TO OLEY F. CLEVELAND. No. 200 (House Resolution No. 127-326). A Resolution. Compensating Oley F. Cleveland; and for other purposes. Whereas, on or about May 6, 1959, Oley F. Cleveland was operating his 1948 Ford automobile on Broad-Bells Ferry-Mallorysville Road, two miles north of Tignall, Georgia, and Whereas, a State Game and Fish Commission truck, being operated by Lee E. Abbott, was proceeding in the opposite direction on said road, and Page 2840 Whereas, as each of said vehicles rounded a blind curve they collided, severely damaging the automobile owned by Mr. Cleveland, and Whereas, the State Game Fish Commission truck was being operated at a speed which was excessive while having regard for the conditions then and there existing, and Whereas, said collision damaged the automobile owned by Mr. Cleveland in the sum of $125.00. Now, therefore, be it resolved by the General Assembly of Georgia, that the State Game and Fish Commission is hereby authorized and directed to compensate Oley F. Cleveland in the sum of $125.00 as compensation for his damages as set out herein. Said compensation shall be in full and complete satisfaction of all claims and damages arising out of said collision. Said sum shall be paid from the funds appropriated to and available for the State Game Fish Commission. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Page 2841 Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 11, 1964. COMPENSATION TO JAMES M. HOUCK. No. 202 (House Resolution No. 326-731). To compensate Mr. James M. Houck; and for other purposes. Whereas, on August 29, 1963, at approximately 3:30 o'clock p.m., James M. Houck was operating his automobile on U. S. Highway No. 76 about 1.7 miles East of Clayton, Georgia, and was driving said vehicle in a Westerly direction toward Clayton, Georgia, when a truck belonging to the State Highway Department and being operated by an employee of said Department, suddenly pulled from the opposite side of the road and ran into Mr. Houck's automobile; and Whereas, Mr. Houck's automobile was damaged in the amount of $199.49, and the collision causing said damage occurred through no fault or negligence whatsoever on the part of Mr. Houck 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 $199.49 to Mr. James M. Houck as compensation as set out above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from the funds appropriated to or available to said department. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation Page 2842 or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 11, 1964. COMPENSATION TO CLINCH COUNTY. No. 204 (House Resolution No. 377-840). A Resolution. To compensate Clinch County; and for other purposes. Whereas, State Highway Department awarded a contract for certain road improvement work on Wilson Highway in the City of Dupont, Clinch County, Georgia, to Clinch County, said contract being State-aid Project PR 23-21 (4) Clinch County; and Page 2843 Whereas, due to inadvertence on the part of the county, the contractor, Seaboard Construction Company of Brunswick, Georgia, improved and performed certain additional work on said Wilson Highway, said additional work consisting of a stabilized base and surface treatment of 1,220 lineal feet which was not covered by said contract in force, but was to be included in a proposed contract which was in the process of being prepared; and Whereas, the additional 1,220 lineal feet of improved highway connects with U. S. Route 84, State Route 38 (Valdosta-Waycross Highway); and Whereas, if this additional work had not been performed there would have existed 1,220 lineal feet of roadway unimproved between the intersection of Wilson Highway and said U. S. Route 84, State Route 38, and the point where the said Wilson Highway is improved; and Whereas, the Commissioners of Roads and Revenues and other officials of Clinch County and the State Highway Department have held a thorough discussion of the entire matter, and have agreed that the amount due the contractor by the county for said extra work is two thousand one hundred sixty-seven and 76/100 ($2,167.76) dollars; and Whereas, all parties are in agreement that the amount should be paid to Clinch County by State Highway Department and it is only just and proper that said 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 Clinch County the sum of two thousand one hundred sixty-seven and 76/100 ($2,167.76) dollars as compensation as set out above. Said payment shall be in full and final satisfaction for any claim against the State or Clinch County arising out of the aforesaid contract. Said sum shall be paid from the funds appropriated to or available to said department. Page 2844 It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 11, 1964. LAW BOOKS TO WHITFIELD COUNTY. No. 205 (House Resolution No. 390-856). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court and the ordinary of Whitfield County; and for other purposes. Page 2845 Whereas, certain volumes of the Georgia Supreme Court Reports, the Georgia Court of Appeals Reports and Georgia Laws are missing from the offices of the clerk of superior court and the ordinary of Whitfield County; and Whereas, such books are necessary for the clerk and ordinary to transact the business of the court and that of the county and the State; Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the clerk of superior court of Whitfield County the following volumes of the Georgia Supreme Court Reports, to-wit: 5, 17, 19, 23, 24, 58, 65, 70, 80, 89, 125, 141, 215 and 217, the following volumes of the Georgia Court of Appeals, to-wit: 76, and 85. Be it further resolved that said State Librarian is hereby authorized and directed to furnish to the ordinary of Whitfield County, the following volumes of the Georgia Supreme Court Reports to-wit: 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 29, 30, 32, 33, 34, 60, 61, 62, 63, 64, 67, 68, 70, 71, 72, 73, 81, 82, 86, 87, 89, 90, 94, 126, 127, 130, 131, 132, 134, 137, 140, 143, 147, 152, 159, 160, 161, 182, 184, 206, 208, 211 and the following volumes of the Georgia Court of Appeals, to-wit: 1, 7, 8, 9, 10, 11, 14, 16, 20, 24, 25, 26, 27, 33, 35, 36, 46, 48, 53, 54, 64, 73, 76, 78, 84, 85, 88, 90, 91, and the following volumes of Georgia Laws, to-wit: 1919, 1920, 1921, 1922, 1923, 1926, 1927, 1928, 1929, 1930, 1931, 1932, 1933, 1934, 1935, 1936, 1937, 1938 and 1960. Approved March 11, 1964. Page 2846 CHATTOOGA COUNTYTAX RECEIVER PLACED ON SALARY BASIS. No. 864 (House Bill No. 14). An Act to place the tax receiver of Chattooga County on a salary in lieu of the fee system of compensation; to provide for employees and assistants to the tax receiver and 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. The tax receiver of Chattooga County is hereby placed on an annual salary of seven thousand dollars ($7,000.00). Said salary shall be paid in twelve equal monthly installments out of the funds of Chattooga County. Said salary shall be the sole compensation for the tax receiver for his services as such and shall be in lieu of all fees and commissions heretofore received by the tax receiver. The cost of operating, equipping and supplying the office of the tax receiver of Chattooga County shall be borne by Chattooga County. Salary, etc. Section 2. The tax receiver may employ such clerical assistants as are necessary to efficiently discharge the duties of his office, and their compensation shall be paid by Chattooga County. However, the total compensation of all employees of the tax receiver's office shall not exceed the sum of four hundred dollars ($400.00) per annum. Assistants. Section 3. The provisions of this Act shall become effective January 1, 1965. 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, Page 2847 a bill to place the tax receiver of Chattooga County on a salary; to provide for employees and their compensation; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 14th day of December, 1962. James H. Floyd, Representative, Chattooga County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James H. Floyd, who, on oath deposes and says that he is Representative from Chattooga County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News, which is the official organ of said county, on the following dates: December 20 and 27, 1962 and January 3, 1963. /s/ James H. Floyd, Representative, Chattooga County. Sworn to and subscribed before me, this 14th day of January, 1963. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 11, 1964. Page 2848 CHATTOOGA COUNTYAUDITS. No. 868 (House Bill No. 711). An Act to amend an Act creating a commissioner of roads and revenues of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), so as to provide for the audit of certain county officers and the publication of summaries thereof; 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 commissioner of roads and revenues of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), is hereby amended by adding between sections 13 and 14 a new section to be known as section 13A and to read as follows: Section 13A. It shall be the duty of the commissioner of roads and revenues of Chattooga County, within thirty days following the close of the calendar year, to cause an audit to be performed by an independent certified public accounting firm in the offices of the clerk of the superior court, ordinary, sheriff, tax receiver, and, if not otherwise required by law, in the office of the tax collector of Chattooga County. It shall be the further duty of the commissioner to cause a summary of the audit for each office to be published in the official organ of Chattooga County within ten days following the receipt of the auditor's report. The expense of such audits and their publication shall be borne by Chattooga County and paid from funds available for such purposes. The audits required herein shall be applicable to the calendar year 1965 and for each calendar year thereafter. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Page 2849 Notice is hereby given that there will be introduced at the January 1964 Session of the General Assembly of Georgia, a bill to amend an Act creating a commissioner of roads and revenue of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), so as to provide for the audit of certain county officers and the publication of summaries thereof; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. This 19th day of December, 1963. James H. Floyd, Representative, Chattooga County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James H. Floyd, who, on oath, deposes and says that he is Representative from Chattooga County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News, which is the official organ of said county, on the following dates: December 19 and 25, 1963; January 2, 1964. /s/ James H. Floyd, Representative, Chattooga County. Sworn to and subscribed before me, this 13 day of January, 1964. /s/ Patty Sue Hurst, Notary Public. (Seal). Approved March 11, 1964. Page 2850 CITY OF SAVANNAHPOLICE JURISDICTION. No. 871 (House Bill No. 783). An Act to amend an Act adopted and approved January 27th, 1961, amending the charter of the mayor and aldermen of the City of Savannah (Ga. L. 1961, p. 2028) by striking therefrom section 4 in its entirety so that the police jurisdiction of the City of Savannah shall be the same as it was prior to the adoption of said act adopted and approved January 27th, 1961; to repeal all laws in conflict herewith and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That in order to provide that the police jurisdiction of the mayor and aldermen of the City of Savannah be the same as it was prior to the adoption and approval of the act amending the several acts constituting the charter of the mayor and aldermen of the City of Savannah adopted and approved January 27th, 1961, (Ga. L. 1961, p. 2028) section 4 of said act adopted and approved January 27, 1961, is hereby repealed in its entirety and from and after the passage of this act the police jurisdiction of the mayor and aldermen of the City of Savannah shall be the same as it was prior to the adoption of the act adopted and approved January 27th, 1961. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. State of Georgia, Chatham County. Personally appeared before me, Lloyd G. Eder, to me known, who being by me sworn, deposes and says: That he is the vice president of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press; Page 2851 That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That said newspaper is of general circulation in said county and in the area adjacent thereto and is the newspaper designated and customarily used by the sheriff of Chatham County for the publication of advertisements and by the other officials and official bodies of and in said county for the publication of notices required by law; That he is authorized to make affidavits of publication on behalf of said publisher corporation and that the following advertisements, to-wit: State of Georgia, County of Chatham: Notice of Intention to Apply for Local Legislation. 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 improvements against the abutting real estate; to amend the police jurisdiction; to amend the act approved February 19, 1951 (Ga. L. 1951, p. 2539) by striking certain sections therefrom; to otherwise amend the laws constituting the charter of the mayor and aldermen of the City of Savannah and for other purposes. James B. Blackburn, City Attorney. has been published in said Savannah Evening Press once a week for 3 weeks to-wit: in the regular issues of December 23, 30, 1963, January 6, 1964. /s/ Lloyd G. Eder, (Deponent). Sworn to and subscribed before me, this 14 day of January, 1964. Page 2852 /s/ Eleanor F. Carriere, Notary Public, Chatham County, Ga. (Seal). Approved March 11, 1964. CITY OF CANTONWARDS, ETC. No. 875 (House Bill No. 878). An Act to amend an Act incorporating the City of Canton approved on August 1, 1922, as amended; providing for division of the city into wards for the purpose of electing councilmen; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The charter of the City of Canton is hereby amended as follows: For the purpose of electing the councilmen for said municipality, the City of Canton is hereby divided into three (3) wards, the territorial limits of which are described as follows: First Ward . The first ward shall consist of all that territory within the present city limits of Canton which lies in original land lots numbers 129, 130, 131, 157, 158, 159, 160, 167, 168, 192, 193 and 194 in the fourteenth land district of Cherokee County, Georgia, northward, eastward and westward of the Etowah River beginning at the Etowah River at the east line of land lot number 193 and following the Etowah River as it meanders southwestward, westward, southward, westward, northwestward, northward and westward to the city limit line near the north line of land lot 131, said territory being known as North Canton. Second Ward . The second ward shall consist of all that territory within the present city limits of Canton which lies east and south of Etowah River, and north of Canton Page 2853 Creek, said territory being all or parts of original land lots numbers 158, 159, 165, 166, 167, 194, 195, 196, 201, 202 and 203 in the fourteenth land district of Cherokee County, Georgia, this territory includes what is known as the Down-Town District. Third Ward . Ward three shall consist of all that territory within the present city limits of Canton which lies west and south of Etowah River, and south of Canton Creek, said ward consisting of lots and parts of original land lots numbers 129, 130, 131, 160, 165, 166, 196 and 201 in the fourteenth land district of Cherokee County, Georgia, said territory being known as South Canton. Section 2. The terms of office of councilmen shall remain at two (2) years as now provided, and three (3) councilmen will be elected annually as now provided by the charter of Canton, except that at the election for mayor and councilmen on the second Saturday in December, 1964 there shall be elected a councilman for a term of two (2) years from each of the three wards as herein described, and thereafter, at each annual election of mayor and councilmen there shall be elected a member of the council from each ward as herein described for a term of two (2) years. Terms. The qualifications for councilmen shall remain as heretofore provided except that to be eligible for election a councilman must have been a bona fide resident of the ward which elects him for a period of six (6) months previous to the election in which he is a candidate. Qualifications. Section 3. The councilman for each ward shall be elected by the people residing in such ward, and it shall be the duty of the city clerk to furnish the election managers with a list of voters for each ward. The ballots in the election of councilmen shall be counted separately, and each candidate for councilman receiving a majority of the votes cast in his ward shall be declared elected as councilman for such ward. Elections. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2854 Notice of Local Legislation. Notice is hereby given that the undersigned will introduce in the 1964 Session of the General Assembly of Georgia a bill to amend the charter of the City of Canton to provide for a division of the city into wards; and for other purposes. This 6th day of January, 1964. 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 organ of said county, on the following dates: January 9, 1964; January 16, 1964; and January 23, 1964. /s/ Marion T. Pope, Jr., Representative, Cherokee County. Sworn to and subscribed before me, on this 27 day of January, 1964: /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 11, 1964. Page 2855 FLOYD COUNTYCOMPENSATION OF TAX COMMISSIONER, ETC. No. 876 (House Bill No. 881). An Act to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County; to create in lieu of the same the office of tax commissioner of Floyd County; to affix the compensation of the tax commissioner, approved February 17, 1950 (Ga. L. 1950, p. 2749), as amended, particularly by an Act approved February 26, 1957 (Ga. L. 1957, p. 2236), so as to provide that the salary provided for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act relating to the commissions on taxes collected in excess of a certain percentage of the taxes due according to the net tax digest; to change the compensation of the tax commissioner and the senior deputy tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the office of tax receiver and tax collector of Floyd County; to create in lieu of the same the office of tax commissioner of Floyd County; to affix the compensation of the tax commissioner, approved February 17, 1950 (Ga. L. 1950, p. 2749), as amended, is hereby amended by adding at the end of section 7 the following: It is specifically provided that the salary provided herein for the tax commissioner shall be lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act relating to the commissions on taxes collected in excess of a certain percentage of the taxes due according to the net tax digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended, and by striking the symbol and Page 2856 figures `$7,700.00' and inserting in lieu thereof the symbol and figures `$12,000.00'. so that when so amended section 7 shall read as follows: Section 7. The county tax commissioner of Floyd County shall be paid a salary of $12,000.00 per annum. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act relating to the commissions on taxes collected in excess of a certain percentage of the taxes due according to the net tax digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. Compensation. Section 2. Said Act is further amended by striking from section 9 the symbol and figures $3,600.00 and inserting in lieu thereof the following $4,800.00, so that when so amended section 9 shall read as follows: Section 9. Be it further enacted by the authority aforesaid, that the county tax commissioner shall be authorized to employ to serve at the pleasure of said county tax commissioner and to perform such duties as may be assigned by him, the following: one chief deputy tax commissioner, whose compensation shall be not more than $5,500.00 per annum, and one senior deputy tax commissioner, whose compensation shall be not more than $4,800.00 per annum, two junior deputy tax commissioners, whose compensation shall be not more than $3,000.00 per annum, and one clerk, whose compensation shall be not more than $2,700.00 per annum, and said county tax commissioner may at his discretion employ not more than two additional part-time clerks, whose total combined compensation per annum shall not exceed $3,500.00. Said salaries shall be payable monthly out of the general funds of the county. Deputies, etc. Section 3. The provisions of this Act shall become effective January 1, 1965, except that the provisions of section 2, relating to the compensation of the senior deputy tax commissioner, shall become effective March 1, 1964. Effective dates. Page 2857 Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Intention of introducing local legislation to change the salary of the tax commissioner's office. /s/ Sidney Lowrey /s/ J. Battle Hall /s/ J. E. (Red) Jordan State of Georgia, County of Floyd. I. B. H. Mooney, Jr., do solemnly swear that I am the publisher of The Rome News-Tribune, printed and published at Rome, in the State of Georgia, and that from may personal knowledge and reference to files of said publication the advertisement of Mr. Sid Lowrey was inserted in The Rome News-Tribune in space of Legal Advertisement on dates as follows: January 6, 13, 20, 1964. Subscribed and sworn to before me, /s/ B. H. Mooney, Jr. This 25th day of January, 1964. /s/ Leatha Davenport, Notary Public. (Seal). Approved March 11, 1964. Page 2858 CITY OF CENTERVILLEPOLICE COURT. No. 877 (House Bill No. 933). An Act to amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended by an Act approved March 20, 1963 (Ga. L. 1963, p. 2413), so as to change the provisions for appointment of a temporary presiding officer of the police court; 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 Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended by an Act approved March 20, 1963 (Ga. L. 1963, p. 2413), is hereby amended by adding in the second sentence of the second paragraph of Section 19 between the words councilman and to the following: or any other resident of Houston County who is qualified to vote for members of the General Assembly, so that when so amended the second paragraph of section 19 shall read as follows: It shall be optional with the mayor and councilmen whether the mayor shall serve as presiding officer of the court, or whether they shall elect a recorder as such presiding officer. In the absence or disability of the presiding officer, the mayor shall appoint a councilman or any other resident of Houston County who is qualified to vote for members of the General Assembly to act as the presiding officer. All processes, summons, and all attachments and executions for fines and other writs issuing out of said court shall be issued, served, and returned as prescribed by the governing authority, bear teste in the name of the presiding officer, shall be directed to any officer or agent of the corporation, or to the sheriff of Houston County in the alternative, and served and executed by any officer or agent to whom directed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Houston County. Page 2859 Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Stalnaker, 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 Jornal, which is the official organ of said county, on the following dates: January 9, January 16 and January 23, 1964. /s/ Paul Stalnaker, Representative, Houston County. Sworn to and subscribed before me, this 29th day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1964 session of the General Assembly of Georgia a bill to amend the charter of the City of Centerville to change the provisions for appointment of a temporary presiding officer for the recorder's court, and for other purposes. This the 30th day of December, 1963. Paul Stalnaker, Representative, Post No. 1 Houston County, Georgia. Approved March 11, 1964. Page 2860 CITY OF CENTERVILLECORPORATE LIMITS. No. 878 (House Bill No. 934). An Act to amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended by an Act approved March 20, 1963 (Ga. L. 1963, p. 2413), so as to extend the corporate limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended by an Act approved March 20, 1963 (Ga. L. 1963, p. 2413), 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. From and after the passage and approval of this Act, the following described territory shall be a part of said city and included in its corporate limits: All that tract or parcel of land situate, lying and being in land lot 112 of the fifth land district of Houston County, Georgia, and containing 50.44 acres which is more particularly described as follows: Beginning at a point on the north line of Wilson Drive which point is 1,040 feet east of the northeast intersection of Houston Lake Boulevard and Wilson Drive as measured along the north line of Wilson Drive, thence extend north 0 36[UNK] 30[UNK] east for a distance of 1,087.75 feet to a point; thence extend south 89 54[UNK] east along the north line of land lot 112 for a distance of 1,879.9 feet to the west line of Holt Road; thence extend south 0 01[UNK] 30[UNK] east for a distance of 444.60 feet to a point; thence extend south 89 58[UNK] 30[UNK] west for a distance of 210.0 feet to a point; thence extend south 0 01[UNK] 30[UNK] east for a distance of 1,041.20 feet to a point on the north line of Wilson Drive; thence extend in a westerly direction along the north line of Wilson Drive for a total distance of 1,736.5 feet to the point of beginning. Page 2861 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Houston County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Stalnaker, 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: January 2, January 9, and January 16, 1964. /s/ Paul Stalnaker, Representative, Houston County. Sworn to and subscribed before me, this 29th day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1964 session of the General Assembly of Georgia a bill to amend the charter of the City of Centerville to enlarge the corporate limits of the City of Centerville, and for other purposes. This the 30th day of December, 1963. Paul Stalnaker, Representative, Post No. 1 Houston County, Georgia. Approved March 11, 1964. Page 2862 BRYAN COUNTYCOMPENSATION OF SHERIFF AND CLERK OF SUPERIOR COURT. No. 880 (House Bill No. 953). An Act to amend an Act entitled An Act to change the compensation of the sheriff, the deputy sheriff of the 20th GMD, the deputy sheriff of the 19th and 1380th GMD, and the clerk of the superior court of Bryan County from the fee system to the salary system; to provide the procedure in connection therewith; to provide for the disposing of fees; to provide an effective date; to repeal all conflicting laws; and for other purposes., approved March 10, 1959 (Ga. L. 1959, p. 2616), so as to change the salaries of the sheriff, the deputy sheriff of the 20th GMD, the deputy sheriff of the 19th and 1380th GMD, and the clerk of the superior court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to change the compensation of the sheriff, the deputy sheriff of the 20th GMD, the deputy sheriff of the 19th and 1380th GMD, and the clerk of the superior court of Bryan County from the fee system to the salary system; to provide the procedure in connection therewith; to provide for the disposing of fees; to provide an effective date; to repeal all conflicting laws; and for other purposes., approved March 10, 1959 (Ga. L. 1959, p. 2616), is hereby amended by striking section 2 thereof and inserting in lieu thereof a new section 2 to read as follows: Section 2. The salaries of the following county officers of Bryan County shall be as follows: Sheriff $8,000.00 per annum Deputy Sheriff, 20th GMD 4,800.00 per annum Deputy Sheriff, 19th and 1380th GMD 4,500.00 per annum Clerk of Superior Court 7,000.00 per annum Salaries. Page 2863 All salaries payable under this Act shall be paid in equal monthly installments. Section 2. This Act shall become effective on January 1, 1965. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given there will be legislation introduced in the 1964 session of the General Assembly of Georgia to change the compensation of the sheriff, the sheriff's deputies and clerk of superior court of Bryan County and for other purposes. Jack W. Shuman, Representative in the General Assembly of Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack W. Shuman, who, on oath, deposes and says that he is Representative from Bryan County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Bryan Countian, which is the official organ of said county, on the following dates: January 8, 15 and 22, 1964. /s/ Jack W. Shuman, Representative, Bryan County. Sworn to and subscribed before me, this 3rd day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 11, 1964. Page 2864 USE OF VOTING MACHINES IN CERTAIN COUNTIES AUTHORIZED. No. 881 (House Bill No. 957). An Act to provide for the use of voting machines, for casting, registering, recording and computing ballots or votes in all elections including primaries and municipal elections in certain counties; to prescribe regulations with reference to the adoption, requirements, purchase, lease, rental, installation, preparation, custody, and demonstration of the use of voting machines; to provide rules and regulations for the conduct of elections held with voting machines; to prescribe the qualifications, number and duties of election officers in election districts or precincts in which voting machines are used; to impose duties upon the governing authority for the purchase, lease, or rental of voting machines and payment therefor, and expenses and personnel incidental to the use of such machines; to provide penalties for violation of the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this state having a population of not less than 18,150 nor more than 18,450, according to the 1960 U. S. Decennial Census or any such future census, the provisions of this Act shall become effective upon the adoption of an appropriate resolution by the governing authority of such counties. Where applicable. Section 2. The following words and terms shall have the meaning hereinafter indicated, unless the context shall clearly indicate another or different meaning or intent: Definitions. a. Ballot-labels shall mean the cards, paper or material containing the names of officers and candidates and statements of questions to be voted on. b. Diagram shall mean an illustration of the official ballot, when placed upon the machine, showing the names Page 2865 of the parties, offices, and candidates, and statements of the questions, in their proper places, together with the voting devices therefor, and shall be considered a specimen ballot. c. Question shall mean a brief statement of such constitutional amendment or other proposition as shall be submitted to a popular vote at any election. d. Write-in-ballot shall mean the paper or other material on which a vote is cast on a voting machine for persons whose names do not appear on the ballot-labels. e. Registering counter shall mean the counters on which are registered numerically the votes cast for candidates, and on questions, respectively. f. Public counter shall mean a counter or other device which shall, at all times, publicly indicate how many times the machine has been voted on at an election. g. Protective counter shall mean a counter or protective device or devices that will register each time the machine is operated, and shall be constructed and so connected that it cannot be reset, altered or operated except by operating the machine. h. Custodian shall mean the person charged with the duty of testing and preparing the voting machine for the election and instructing the election officers in the use of the voting machine. i. Election and elections shall be held to include and mean all regular, special primary or other elections held in such counties, and also any general and other elections hereafter held in such counties, in any municipality therein, or in any part thereof. j. Registereing compartment shall mean that part of the voting machines containing the registereing counters. Section 3. The list of officers and candidates and the Page 2866 statements of questions on the voting machine shall be deemed an official ballot for all purposes. Same. Section 4. At all elections hereafter held in such counties, whether regular, special, primary, municipal, or other, or any election held for the purpose of determining any question or matter which is to be submitted to or referred to the vote of the people of such counties, or any part thereof, ballots or votes shall be cast, registered, recorded and counted by means of voting machines meeting the requirements of this Act. Whenever any election of any kind is held in such counties, voting machines shall be used in lieu of ballots wherever possible and practicable. Use of voting machines. Section 5. If the method of election for any candidate or office or of voting on constitutional amendments or other questions or propositions is prescribed by law, in which the use of voting machines is not possible or practicable, or if at any election, the number of candidates nominated or seeking nomination for any office renders the use of voting machines for such office at such election impracticable at one or more precincts or districts, or if at any election the use of voting machines wholly or in part is not possible or practicable, the officer or officers now charged by law with furnishing such election districts or precincts with paper ballots may arrange to have the voting for any or all candidates or offices or on any or all constitutional amendments, questions or propositions at such precincts or districts conducted by paper ballots. In such cases, ballots such be printed for such candidates or offices, or for such constitutional amendments, questions or propositions, and the elections conducted by the election officers as herein made in the manner required by law for such candidates or office or for such constitutional amendments, questions or propositions, in so far as paper ballots are used. Use. Section 6. The governing authorities of such counties shall at a regular meeting or at a special meeting called for the purpose, by a majority vote, adopt, purchase, authorize, lease or otherwise procure and provide for the use of voting machines meeting the requirements of this Act Page 2867 to be used in any voting precincts within such counties; and thereafter said machines and any requisite number of same shall be used for voting at all primaries and elections for public officers and at all regular, special and other elections held by or under the authority of such counties, and at any general and all other elections hereafter held in such counties, or in any part or any municipality therein, and for receiving, registereing, recording and counting the votes of the electors in such election district or districts, precinct or precincts. Purchase or lease. Section 7. The governing authority of such counties upon the adoption and lease or purchase of a voting machine or machines, may provide for the payment therefor in such manner as may be deemed for the best interests of the county. They may for that purpose make leases, contracts or any other legal obligations which shall be a charge against such county. Same. Section 8. The governing authority of all such counties shall provide machines necessary for all precincts where the same are to be used, in complete working order, and shall preserve and keep in repair the same, and shall have custody thereof, and the furniture and equipment of the polling places when not in use. Custody, etc. Section 9. No voting machine shall be adopted or used unless it shall, at all times, satisfy the following requirements: It shall afford each elector an opportunity to vote in absolute secrecy; it shall provide facilities for voting for such candidates as may be nominated, and upon such questions as may be submitted; it shall permit each voter, at other than primary elections, to vote a straight party ticket in one operation; and, in one operatin, to vote for all candidates of one party for presidential electors, and in one operation, to vote for all the candidates of one party for every office to be voted for except those offices as to which he voted for individual candidates; it shall enable each voter, at other than primary elections, to vote a ticket selected from the nominees of any and all parties, from independent nominees of any and all parties, from independent nominations, and from persons not in nomination; that is to enable each voter to vote, at any election, Page 2868 for any person and for any office for whom and for which he is lawfully entitled to vote, whether or not the name of such person or persons appears upon a bllot-label as a candidate for nomination or election, and to vote for as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote; it shall preclude each voter from voting for any candidate, or upon any question, for whom or upon which he is not entitled to vote, and from voting for more persons for any office than he is entitled to vote for, and from voting for any candidate for the same office or upon any question more than once; it shall be capable of adjustment by election officers, so as to permit each voter at a primary election to vote for the candidates for non partisan nomination, if any, and for the candidates seeking nomination by the political party, in which he is enrolled, if he is enrolled as a member of a political party, and so as to preclude him from voting for the candidates seeking nomination by any political party in which he is not enrolled; it shall permit each voter to deposit, write in, or affix upon receptacles or devices provided for the purpose, ballots containing the names of persons for whom he desires to vote, whose names do not appear upon the machine; it shall permit each voter to change his vote for any candidate, or upon any question appearing upon the ballot-labels, up to the time he begins the final operation to register his vote; it shall not only secure the voter absolute secrecy in the act of voting as hereinbefore provided but it shall be so constructed that no person can see or know for whom any other elector has voted or is voting, save a voter whom he has assisted or is assisting in voting as prescribed by law; it shall have voting devices for separate candidates and questions, which shall be arranged in separate rows or columns, so that, at any primary election, one or more adjacent rows or columns may be assigned to the candidates of a party; and shall have parallel office columns or rows transverse thereto; it shall be so constructed that votes may be cast thereon for constitutional amendments or any other public measure or question; it shall have a counter, or other device, the register of which is visible from the outside of the machine, which shall show during the period of voting the total number Page 2869 of voters who have operated the machine during said period of voting; it shall have a protective counter, or other device, which shall record the cumulative total number of movements of the operating mechanism; it shall be provided with a lock or locks, by the use of which immediately after the polls are closed, or the operation of the machine for an election is completed, all movements of the registering mechanism is absolutely prevented; it shall be provided with a screen, hood or curtain, which shall conceal the actions of the voter while voting; it shall be constructed of material of good quality, in a neat and workmanlike manner; it shall, when properly operated, register or record correctly and accurately every vote cast; it shall be so constructed that a voter may readily learn the method of operating it; it shall be safely transportable; it shall be so constructed and controlled, that during the progress of voting, it shall preclude every person from seeing or knowing the number of votes registered for any candidate; and from tampering with any of the registering mechanism; it shall have a key or keys for the aforementioned lock or locks. Requirements. Section 10. The exterior of the voting machines and every part of the voting or polling place shall be in plain view of the election watchers and officers. The voting machines shall be located at the voting or polling place in such position that unless its construction shall require otherwise, the ballot-labels on the face of the machines can be seen plainly by the election officers and watchers when the machine is not occupied by a voter. The election managers or commissioners shall not themselves be, nor allow any other person to be, in any position that will permit one to see, or ascertain, how a voter votes, or how he has voted. No voter shall be permitted to occupy the voting machine more than two minutes if other voters are waiting. The election managers, or one of them, shall inspect the face of the machine at frequent intervals, to see that the ballot-labels are in their proper places, and that the machine has not been injured or tampered with. During an election, the door, or other covering of the compartment containing the counters of the machine or counting device, shall not be unlocked or opened, or the counters exposed, except by action of the proper custodian of the voting machine for Page 2870 good and sufficient reason, a statement of which shall be made in writing and signed by him and attested by the signature of the election managers. The governing authorties shall appoint a custodian for the machines. Placement of machines, etc. Section 11. In each election district or precinct of such counties, the portion of cardboard, paper or other material placed on the front of the machine containing the names of the candidates or a statement of the proposed constitutional amendment or other question or proposition to be voted on shall be known as the ballot-label. The ballot-label shall be supplied by the official or officials charged by law with providing materials for the holding of an election or elections, and shall be printed in black ink on clear white material of such size as will fit the machine and in plain, clear type, as large as the space will reasonably permit. The party name or designation shall be prefixed to the list of candidates of such party. The order of the lists of candidates of the several parties shall be arranged as is now provided by law, except that the lists may be arranged horizontally or vertically, with the names of candidates for office arranged transversely under or opposite the title of the office. The names of all candidates nominated or seeking nomination by a political party in accordance with law, shall appear in adjacent rows or columns containing generally the names of candidates nominated or seeking nomination by such party. The form and arrangement of ballot-labels, to be used at any election, shall be determined by the ordinary of the county, as nearly as may be in accordance with the provisions of the laws prescribing the form and arrangements of ballots at such election, and shall be furnished by him to the election managers of the respective voting or polling places, who shall procure such further copies of the same as may be necessary, at the cost of the county. In primary elections, the ballot-labels, containing the names of candidates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties. In any primary in which voting machines shall be used in one or more voting precincts, the name of any unopposed candidate for nomination for any office may be omitted from the ballot-label used on the voting machine, and any unopposed candidate shall be declared to Page 2871 have received the total number of votes cast in such voting precinct. Ballot-label. Section 12. The officer or officers charged with the duty of providing ballots and ballot-labels for any voting or polling place shall provide therefor the following: (a) A lantern, or a proper substitute for one, which shall give sufficient light to enable voters, while in the voting machine booth, to read the ballot-labels and suitable for the use of election officers in examining the counters. The lantern, or proper substitute therefor, shall be prepared and in good order for use before the opening of the polls. Supplies, etc. (b) The diagrams or sample ballots, of suitable size, representing such part of the face of such voting machine as will be in use in the election, and accompanied by illustrated directions for voting on the machine. Such diagram shall be posted prominently outside the enclosed space within the voting or polling place. (c) Prior to any election, the officer or officers aforementioned may cause copies of diagrams, explaining machine voting, to be posted, published, advertised or distributed among the electors in such manner as they may deem desirable. Section 13. The requisite number of ballot-labels for use in the voting machine or voting machines shall be provided for each polling place for each election district or precinct by the officer or officers now charged by law with furnishing such election districts or precincts with ballots; in such manner shall be furnished also all other necessary material for the use of voting machines in all elections, the said officer or officers who are charged hereby with the duty of preparing the machines for conducting an election shall notify, as far in advance thereof as practicable, the respective chairman of the county executive committees or other body or bodies having similar duties thereto of the intended preparation of such machines for voting. The same officer or officers first referred to in this section shall, before the day of election, cause the proper ballot-label to be put upon Page 2872 each machine corresponding with the same ballot-labels herein provided for, and the machine or machines in every way to be put in order, set and adjusted, ready for use in voting when delivered at the polling place. And the same officers shall cause the machine or machines so labeled in order, set and adjusted to be delivered at the voting or polling place, together with all necessary furniture and appliances that go with the same, in the room where the election is to be held in the precinct not later than 6 o'clock p. m. of the day preceding the election. On the morning of the election, managers shall meet in the said room before the time for opening the polls. They shall see that the sample ballots and instruction cards are posted properly, and everything in readiness for the voting at the hour of opening the polls. The managers shall compare ballot-labels on the machine with the sample ballots, see that they are correct, examine and see that all the counters (except protective counters) are set at naught or zero (0) and that the machine or machines are otherwise in perfect order. If upon such inspection it be found that the voting machine has not been properly prepared for the election, or is not in perfect order, the said officer or officers charged in this Act with the duty of preparing such machine shall be notified immediately; after provision shall have been made for the use of a machine or machines as will enable the managers of the election to properly conduct the same or by the use of written or printed ballots the election shall proceed. Same. (a) The election officers or board in such district, ward or precinct in which a voting machine or voting machines are used shall consist of three superintendents or managers, who shall be appointed by the ordinary of the county in county elections, by the executive committee in primaries and by municipal authorities in municipal elections. Provided, that nothing herein shall be construed to hinder or prevent any one or more of said appointees from acting as manager or managers, should they be present at the polling place, or prevent them from supplying the necessary number of managers required as herein provided from any of the freeholders as available. Person who cannot read and write shall not be competent to serve as managers of election. Page 2873 The oath to be taken by such election managers and the form thereof and before whom to be taken shall be as prescribed by law. When more than one machine is used in any election district or precinct there shall be one additional manager for each additional machine. In the case of primary elections the naming of managers thereof and the oath to be taken shall be as prescribed by law. The managers of election shall, upon notice from the ordinary, attend any meeting or meetings called for their instruction and receive such instruction as shall be necessary for the proper conduct of the elections with the machine or machines. No manager of election shall serve in any election at which a voting machine or machines are used, unless he shall have received such instructions and is fully qualified to perform his duties in connection with the machine; provided, however, that this shall not prevent the appointment or serving of a manager of election, to fill a vacancy arising on the day of election. The compensation of said managers of election shall be as prescribed by law. Election managers, etc. Section 14. Any voters who shall state under oath that by reason of his inability to read the English language, or by reason of blindness or other physical infirmity, or that he is unable to use the voting machine, may upon request, have assistance in voting as provided by law. Assistance. Section 15. The ballots voted for any person whose name does not appear on the ballot-label on the machine as candidate for officer as herein referred to as write-in ballots. Such write-in ballot shall be deposited, written or affixed in or upon the receptacle or device provided for that purpose. Write-in ballots. Section 16. As soon as the polls are closed, the voting machine or machines shall be locked against voting and the registering compartment opened in the presence of all the members of the election board of managers or superintendents or other persons who may be lawfully within the room, giving full view of the registering counters. Counting of votes. Section 17. The election managers shall at the close of the polls ascertain the number of votes which the candidates have received both on the machine and by the voting of Page 2874 irregular ballots, if any, and one of the managers of election shall publicly announce in a distinct voice the total vote for each candidate thus ascertained in the order arranged on the ballot-label. He shall then announce in the same manner the vote on each constitutional amendment, proposition or other question. Before leaving the room and before closing and locking the registering compartment, the election managers or superintendents shall sign a written certificate showing the result of the election. The transmission and delivery of said certificates by the managers of such election districts and all other papers of the election for the purpose of consolidation, and also the consolidation, the certifying and returns thereof, shall all be in compliance with the laws in force pertaining to elections. When write-in ballots have been voted they shall be returned, preserved and finally destroyed as is now provided by law in the case of other election ballots. The written certificate so made, after having been properly certified and signed, shall be distinctly and clearly read in the hearing of all persons present, and ample opportunity shall be given to compare the results so certify with the registering counters of the machine or machines. After such comparison and correction, if any is made, the election managers shall then close the registering compartment and lock the same. Thereafter the machine or machines shall remain locked and sealed for a period of at least thirty days; Provided, however, that should the use of same be required at any election to be held within said thirty day period, the machine or machines may be opened at least ten days prior to the date of such subsequent election; Provided, further, that same may be opened at any time upon order of a court of competent jurisdiction. Same. Section 18. Any qualified voter in such counties, or any part thereof, may vote an absentee ballot as provided by law, when he is required to be absent, from the county. Absentee ballots. Section 19. When the machine is locked and sealed at the close of an election in the manner required by this Act, the managers of the election shall properly deliver to the ordinary or his duly authorized representative the keys of the machine or machines enclosed in a sealed envelope. Keys, etc. Page 2875 Section 20. The governing authorities of such counties shall designate a person or persons who shall have the custody of the voting machines of the county, and the keys therefor, when the machines are not in use at an election, and shall provide for his or their compensation and for the safe storage and care of the machines and keys. As soon as possible after the completion of the counting of the votes cast at any election, the governing authorities shall have the machine or machines removed to storage. Custody. Section 21. Except as modified by the provisions of this Act, the general laws regulating general, regular, special, primary, municipal and other elections, where not inconsistent with this Act, shall apply to all such elections held in such counties. Any provisions of law which are in conflict with the use of such machine or machines as herein provided, shall not apply to the election district or districts, precinct or precincts, in which an election is to be conducted by the use of such machine or machines. Intent. Section 22. Any election officer, manager, or other person who shall violate any of the provisions of this Act, or who shall tamper with, or damage, or attempt to damage any voting machine to be used in or being used in any election, or who shall prevent or attempt to prevent, the correct operation of such machine, or any unauthorized person who shall make or have in his possession a key or keys to a voting machine to be used or being used in an election, shall be guilty of a misdemeanor, and upon conviction thereof, shall be confined for not more than one year or fined not more than one thousand dollars ($1,000.00), or both in the discretion of the court. Crimes. Section 23. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964. Page 2876 DEKALB COUNTYMEMBERS OF PLANNING COMMISSIONERS. No. 883 (House Bill No. 973). An Act to amend an Act approved March 9, 1956, authorizing the creation of the DeKalb County Planning Commission, (Ga. L. 1956, p. 3332, et seq.), so as to provide that the DeKalb County Planning Commission shall consist of not less than five (5) and not more than seven (7) citizens of the county appointed by the governing authority; 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. From and after the passage and approval of this Act the Act approved March 9, 1956, authorizing the creation of the DeKalb County Planning Commission, (Ga. L. 1956, p. 3332, et. seq.), be, and the same, is hereby amended by deleting the second sentence in Section 1 of said Act reading: The planning commission shall consist of five citizens of the county appointed by the governing authority. and inserting in lieu thereof the following language: The DeKalb County Planning Commission shall consist of not less than five (5) and not more than seven (7) citizens of the county appointed by the governing authority of the county. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Section 3. 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 Page 2877 its introduction in the General Assembly as required by law. Attached hereto and made a part of this Bill is a copy of said notice, accompanied by an affidavit of the publisher to the effect that said notice has been published as provided by law. Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc., is the publisher 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, and further avers that legal notice, a true copy of which is hereto attached, Notice of Intent to Introduce Local Legislation was duly published once a week for 3 weeks as required by law, the dates of publication being January 16, 23 and 30, 1964. /s/ Britt Fayssoux Sworn to and subscribed before me, this 30th day of January, 1964. /s/ Carol E. Wheeler Notary Public, Georgia, State at Large. My Commission expires Mar. 5, 1967. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1964 Session of the General Assembly, legislation to amend the DeKalb County Planning Commission Act approved March 9, 1956, so as to provide for the number of members composing the DeKalb County Planning Commission, define their duties and for other purposes. Page 2878 James A. Mackay Guy W. Rutland, Jr. J. Robin Harris DeKalb County Representatives. Approved March 11, 1964. UNION COUNTYAUDITS. No. 884 (House Bill No. 982). An Act to require and empower the ordinary, the ordinary in his official capacity as the governing authority of Union County, the tax commissioner and the treasurer of Union County to have all the books, files and records of their office audited by some certified public accountant licensed in the State of Georgia; to provide the intervals when such audits shall be made; to provide for the payment of the cost and expense of such audit; to provide the procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The ordinary, the ordinary in his official capacity as the governing authority of Union County, the tax commissioner and the treasurer of Union County are hereby required and empowered to have all books, files and records of their office audited annually by some certified public accountant licensed to do business in the State of Georgia. The audit shall be commenced within ten (10) days after the close of the calendar year or fiscal year in which any such official operates the business of his office and shall be completed within one hundred fifty (150) days after the close of such calendar or fiscal year. Sufficient copies of such audit shall be made so that one copy shall be retained in the office of any such official, and one copy shall be filed with the clerk of the superior court of Union County. The said official and the clerk of the superior court of Page 2879 Union County shall make said audit available for inspection by any voter or elector of Union County, or any public official of Union County, and to such other persons who in the discretion of such official may need information from said audits. Should any official of Union County fail or refuse to have an audit or audits made as herein required, then the judge of the superior court of Union County, or the grand jury, by special presentment, may order the same to be made. The cost and expense of all such audits shall be paid out of the funds of Union County upon bills therefor being approved by said official, or by the judge of the superior court, or by the grand jury, directing the same to be prepared. In the event the audit is made by order of the superior court, or pursuant to a special presentment by the grand jury, sufficient copies of such audit shall be made so that a copy may be deposited in the office of such official refusing to have the same prepared and with the clerk of the superior court of Union County, and said audit shall be available for inspection to any voter or elector of such county or any public official of such county and such other persons having the approval of the judge of the superior court of Union County. Within ten (10) days after the completion of the audit herein required it shall be the duty of the official, judge of the superior court, or the grand jury directing the same to be prepared to have a summary of said audit published at least one time in the official organ of Union County. The cost of publishing said summary shall be paid out of the funds of Union County in the same manner as the cost of preparing said audit. As used herein summary of such audit shall mean a concise statement which shall show but not be limited to the total income and disbursements of Union County, separately listing any disbursement in excess of one thousand ($1,000.00) dollars. Section 2. The provisions stated in section 1 of this Act shall be a specific duty of each of the officials named therein, and a refusal to comply with same shall be considered nonfeasance by such officer. Intent. Section 3. Any official named in section 1 of this Act Page 2880 who fails to comply with the provisions of this Act shall be guilty of a misdemeanor and upon conviction therefor shall be punished as provided by law. Crimes. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. This is a notice to the citizens of Union County of my intention to introduce local legislation at the next session of the General Assembly of Georgia. This legislation will provide for the audits of the books of any Union county official who handles public funds. Provide for a date to complete audit, provide for a date of publication of a summary, provide for the placement of original and copies in public offices, of the complete audit, accessible to the general public, and to provide for penalties in case of failure to comply with this act. To adjust the salary of the Court Reporter. W. T. Meeks, Representative Union County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William T. Meeks, who, on oath, deposes and says that he is Representative from Union County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The North Georgia News, which is the official organ of said county, on the following dates: December 26, 1963; January 2, 1964, January 9, 1964. /s/ William T. Meeks Representative, Union County Sworn to and subscribed before me, this 4th day of February, 1964. Page 2881 /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved March 11, 1964. FLOYD COUNTYNUMBER OF DEPUTY SHERIFFS. No. 885 (House Bill No. 1110). An Act to amend an Act placing certain officers of Floyd County on a salary basis, 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 $385.00 per month; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain officers of Floyd County on a salary basis, approved February 28, 1956 (Ga. 1956, p. 2754), as amended, is hereby amended by striking from subsection (b) of section 10 the word and figure five (5), and by inserting in lieu thereof the word and figure six (6) so that when so amended said subsection (b) shall read as follows: (b) Six (6) deputy sheriffs, each at a monthly salary not exceeding three hundred eighty-five ($385.00) dollars 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 of the intention to introduce local legislation authorizing the employment of one additional Page 2882 deputy sheriff for the Floyd County Sheriff's Department. J. Battle Hall, Senator 52nd District Sidney Lowrey Representative, Floyd County J. E. (Red) Jordan, Representative, Floyd County State of Georgia, County of Floyd. I, B. H. Mooney, Jr., do solemnly swear that I am the publisher of The Rome News-Tribune, printed and published at Rome, in the State of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of Mr. Sid Lowrey was inserted in The Rome News-Tribune in space of Legal Advertisement on dates as follows: January 17, 22, 29, 1964. /s/ B. H. Mooney, Jr. Subscribed and sworn to before me, this 25th day of January, 1964. /s/ Leatha Davenport Notary Public. (Seal). Approved March 11, 1964. CITY OF COLUMBUSTITLE TO STREETS. No. 888 (House Bill No. 1018). An Act to amend an Act 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 Page 2883 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;, approved August 5, 1921 (Ga. L. 1921, p. 800), as amended, so as to vest in the City of Columbus, Georgia fee simple title to all the city streets that lie within the corporate limits of the said City of Columbus except those streets that are designated as State highways; to authorize the City of Columbus to sell and convey the fee simple title to any part or parts or all of the above described streets; 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 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;, as amended, is hereby amended by adding a new section at the end of section 3, to be designated section 3 (a), and to read as follows: Section 3 (a). That there is hereby vested in the City of Columbus fee simple title to all of the streets located within the corporate limits of the City of Columbus, Georgia, which are now vested in the State of Georgia, except those streets which are designated as State Highways of the State of Georgia. Page 2884 The 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 streets, subject to existing rights of utilities in and across said land under their franchise, if any such rights exist under the general law of the State at the time of such conveyance. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. 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, December 24, December 31, 1963; and January 7, 1964. /s/ Maynard R. Ashworth Sworn to and subscribed before me, this the 9 day of January, 1964. /s/ Martha Land Kinchen Notary Public, Muscogee County, Georgia. My Commission expires April 30, 1967. (Seal). Notice of Local Legislation. 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, 1964, for the passage of a bill entitled as follows: Page 2885 An Act vesting in the City of Columbus, Georgia, fee simple title to certain tracts of land lying and being in said city. Said tracts of land being all of the city streets that lie within the corporate limits of the City of Columbus, Georgia, except those streets that are designated as State Highways, and for other purposes. This the 20th day of December, 1963. /s/ Lennie F. Davis City Attorney, City of Columbus, Georgia Approved March 11, 1964. SHERIFF'S DUTIES IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 250,000 AND NOT MORE THAN 500,000 PERSONS. No. 889 (House Bill No. 1023). An Act to prescribe the duties of sheriffs in counties having a population of 250,000 and not more than 500,000, according to the 1960 United States Census and any future such census, so as to provide that in such counties it shall be the duty of the sheriff to receive, confine, feed and care for all persons charged with a violation of any ordinance of such counties whether such person is being held pending a hearing before the recorder's courts of such counties or has been sentenced by said recorder's courts to imprisonment in the county jail in the same manner as persons charged with an indictable offense; to prescribe penalties for the refusal of the sheriffs or his deputies to perform such duties; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That from and after the passage and approval of this bill in counties having a population of 250,000 Page 2886 and not more than 500,000 according to the 1960 United State Census or any future such census, it shall be the duty of the sheriffs of such counties to receive, confine, feed and care for all persons charged with the violation of any ordinances of such counties whether such person is being held pending a hearing before the recorder's courts of such counties or has been sentenced by said recorder's courts to imprisonment in the county jail in the same manner as persons charged with an indictable offense. Duties. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 11, 1964. CITY OF ALBANYCORPORATE LIMITS. No. 890 (House Bill No. 1043). 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), an Act approved March 3, 1962 (Ga. L. 1962, p. 2782), and an Act approved April 2, 1963 (Ga. L. 1963, p. 2656), 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), an Act approved March 3, 1962 (Ga. L. 1962, p. 2782), and an Act approved April 2, 1963 (Ga. L. 1963, p. 2656), is hereby amended by striking Page 2887 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 1 0[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 89 0[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 0 10[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 three thousand three hundred nineteen (3,319) feet more or less to the west line of land lot number 402 first land district of Dougherty County; thence north along the land lot line between land lots number 402 and 415 and 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 71 10[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 60 31[UNK] west along the south side of said alley, a distance of three hundred fifty (350.0) feet to a point; thence run south 72 43[UNK] west along the south side of said alley, a distance of two hundred four and six-tenths (204.6) feet to a point; thence run north 29 29[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 norht side of a twenty (20.0) foot alley; thence run north 18 05[UNK] west, a distance of five hundred sixty (560.0) feet to the north right-of-way line Page 2888 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 1 00[UNK] east a distance of five hundred thirty-nine and two tenths (539.2) feet to a point; thence run south 87 36[UNK] west a distance of five hundred fifty (550) feet to a point; thence run north 0 40[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 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 Page 2889 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; number 408, number 369 and number 368, first land district of Dougherty County to a point on the west bank of the Kinchafoonee Creek, thence run southeasterly along the west bank of the Kinchafoonee Creek to the west right-of-way line of Old Leesburg Road; thence run South southeasterly along the west right-of-way line of the Old Leesburg Road to the south side of Philema Road, thence easterly along the south side of Philema Road to the east bank of the Muckafooney Creek; thence run southeasterly along the east bank of the Muckafooney Creek to the west bank of Flint River; thence run east, three hundred (300) feet more or less to the east line of the low water mark of Flint River; thence run in a southerly direction along the east line of the low water mark of the 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 (400.00) 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 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 Page 2890 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 (30.0) 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 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 Page 2891 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 0 40[UNK] east a distance of one hundred eighty-six and seven tenths (186.7) feet to a point; thence run south 89 10[UNK] west a distance of one hundred (100.00) feet to a point; thence run north 0 40[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 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 Page 2892 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; 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 0 49[UNK] east a distance of one thousand seven hundred twenty-five and eight tenths (1725.8) feet to a point; thence run south 88 42[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 1 11[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 56 19[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 33 41[UNK] east along the southeasterly right-of-way line of Newton Road a distance of sixty (60) feet to a point; thence run south 56 19[UNK] east a distance of three hundred thirty-three and four tenths (333.4) feet to a point; thence run north 1 11[UNK] west a distance of five hundred ninety-seven and six tenths (597.6) feet to a point on the southeasterly right-of-way Page 2893 line of Newton Road; thence run north 33 41[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 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that at the ensuing 1964 session of the General Assembly of Georgia there will be introduced for passage a bill to further amend the charter of the City of Albany as contained in the Acts 1923 (Ga. L. 1923, p. 370, approved August 18, 1923) as heretofore amended, by changing the corporate limits as defined in section 2 of the Acts of the General Assembly of Georgia 1963 (Ga. L. 1963 pp. 2657-2663) so as to include therein that certain contiguous area known as section No. 2 of West Town subdivision. A copy of the corporate limits as they will read after being so changed, is available for inspection at the office of the city manager at the city hall. Dated, this the 30th day of December, 1963. Page 2894 A. W. Holloway, Senator George D. Busbee William S. Lee Colquitt H. Odom Members of the Legislature Dougherty County, Georgia Notice of Local Legislation for the City of Albany, Albany, Georgia. Notice is hereby given that at the ensuing 1964 session of the General Assembly of Georgia there will be introduced for passage a bill to further amend the charter of the City of Albany as contained in the Acts 1923 (Ga. L. 1923, p. 370, approved August 18, 1923) as heretofore amended, by changing the corporate limits as defined in section 2 of the Acts of the General Assembly of Georgia 1963 (Ga. L. 1963, pp. 2657-2663) so as to include therein that certain contiguous area known as section no. 2 of West Town subdivision. A copy of the corporate limits as they will read after being so changed, is available for inspection at the office of the city manager at the city hall. Dated, this the 30th day of December, 1963. A. W. Holloway, Senator George D. Busbee William S. Lee Colquitt H. Odom Members of the Legislature Dougherty County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George D. Busbee, who, on oath, deposes and says that he is Representative from Dougherty County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published Page 2895 in The Albany Herald, which is the official organ of said county, on the following dates: January 2, 9 and 16, 1964. /s/ George D. Busbee Representative, Dougherty County Sworn to and subscribed before me, this 6th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. Approved March 11, 1964. TOWN OF MEIGSAUTHORITY TO CLOSE ALLEY. No. 893 (House Bill No. 1093). An Act to amend an Act entitled An Act to create a new charter for the Town of Meigs, and for other purposes, approved August 24, 1905 (Ga. L. 1905, page 999) and the several Acts amendatory thereof, so as to authorize the mayor and council of the Town of Meigs to close that certain unnamed alley in the Town of Meigs that is situated between the Bank of Meigs property, which bank building and property is located at 304 East Depot Street, and the property of J. L. Pilcher Sons, and which alley runs in a north and south direction, and to authorize the sale or lease of said property, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, as follows: Section 1. That the mayor and council of the Town of Meigs is hereby authorized and permitted to close that certain unnamed alley in the Town of Meigs that is situated between the Bank of Meigs property, which bank building Page 2896 and property is located at 304 East Depot Street, and the property of J. L. Pilcher Sons, and which alleys runs in a north and south direction, and more particularly described as follows: Begin at the southwest corner of the Bank of Meigs property where said alley intersects East Depot Street, and run thence north along the western edge of the Bank of Meigs property 62 feet; thence due west 20 feet to the eastern edge of the property of J. L. Pilcher Sons; thence south along the eastern edge of the property of J. L. Pilcher Sons 62 feet to a point on the northern edge of East Depot Street; Thence east 20 feet along the northern edge of Depot Street to the point of beginning, and to then sell or lease said property for such terms and upon such conditions as may be determined by resolution of the mayor and council. Section 2. That all laws or parts of laws in conflict herewith are hereby repealed. Affidavit of Publication. Georgia, Thomas County To Whom it May Concern: Personally appeared before the undersigned, an officer authorized to administer oaths in said county, Lee E. Kelly, general manager of the Times-Enterprise Co., Inc., publishers of the Times-Enterprise, Weekly edition and having a general circulation in the county of Thomas, said newspaper being the designated legal organ for Thomas County, Ga., deposes and swears that: Notice of Local Legislation over the signature of Town of Meigs, appeared in said newspaper in its issues of January 24, 31 and February 7th, 1964, a true copy of same being attached hereto. /s/ Lee E. Kelly General Manager Page 2897 Sworn to and subscribed before me, this the 8th day of February 1964. /s/ L. R. Davis Notary Public, Thomas County, Georgia. My Commission expires Sept. 8, 1966. (Seal). Notice of Local Legislation. Notice is hereby given that there will be introduced at the January 1964 Session of the General Assembly of Georgia, An Act to create a new charter for the Town of Meigs, and for other purposes, Approved August 24, 1905 (Ga. L. 1905, p. 999) and the several Acts amendatory thereof, so as to authorize the mayor and council of the Town of Meigs to close that certain unnamed alley in the Town of Meigs that is situated between the Bank of Meigs property, which bank building and property is located at 304 East Depot Street, and the property of J. L. Pilcher Sons, and which alley runs in a north and south direction, and to authorize the sale or lease of said property, and for other purposes. This the 20 day of January 1964. Town of Meigs By: P. E. Batten, Jr. Attest: Mrs. G. L. Willis Town Clerk (Seal). Approved March 11, 1964. Page 2898 TAX FOR ROADS IN CERTAIN COUNTIES. No. 894 (House Bill No. 1094). An Act to amend an Act providing for a county tax for roads in counties having a certain population, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3277), as amended, so as to change the population figures; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a county tax for roads in counties having a certain population, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3277), as amended, is hereby amended by striking the Title of said Act in its entirety and inserting in lieu thereof a new Title to read as follows: An Act to provide for a county tax for roads in counties having a population of not less than 49,500 and not more than 67,500 according to the United States decennial census of 1960 or any future decennial census; to provide the purpose of said tax; to repeal conflicting laws; and for other purposes. Where applicable, etc. Section 2. Said Act is further amended by striking in section 1 the following: nor more than 50,000 according to the United States census of 1960, or any future census, and inserting in lieu thereof the following: and not more than 67,500 according to the United States decennial census of 1960 or any future such decennial census, so that when so amended section 1 shall read as follows: Section 1. The commissioners of roads and revenues or the ordinary, as the case may be, in every county in the state having a population of not less than 49,500 and not Page 2899 more than 67,500 according to the United States decennial census of 1960 or any future such decennial census, may levy a tax additional to any other authorized by law of not more than eight-tenths (8/10) of one per centum (1%) on all of the taxable property in the county, and the funds so raised by said taxation, together with the commutation provided by law, shall be used and expended for the purpose of paying salaries and wages, for building, working, improving, and repairing the public roads, and for the purchase and upkeep of road machinery. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964. SHERIFF'S COMPENSATION IN CERTAIN COUNTIES. No. 895 (House Bill No. 1096). An Act to amend an Act providing for a supplement to the salary of sheriffs in certain counties, approved March 21, 1958 (Ga. L. 1958, p. 2892), so as to provide that this Act shall not be effective in counties having a population of not less than 4,540 nor more than 4,550, according to the United States decennial census of 1960 or any future decennial census; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a supplement to the salary of sheriffs in certain counties, approved March 21, 1958 (Ga. L. 1958, p. 2892), is hereby amended by inserting between section 1 and section 2 a new section to be known as Section 1A, to read as follows: Section 1A. Anything to the contrary notwithstanding, this Act shall not apply in counties having a population of Page 2900 not less than 4,540 nor more than 4,550, according to the United States decennial census of 1960 or any future Federal decennial census, and the supplemental salary provided for herein shall not be paid to the sheriffs of any counties within said population range. 1958 Act not applicable. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964. TIFT COUNTYCOMMISSIONERS OF ROADS AND REVENUES, REFERENDUM. No. 896 (House Bill No. 1098). An Act to amend an Act creating a board of commissioners of roads and revenues of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended by an Act approved August 7, 1920 (Ga. L. 1920, p. 630), an Act approved August 14, 1925 (Ga. L. 1925, p. 762), an Act approved August 19, 1927 (Ga. L. 1927, p. 682), an Act approved March 25, 1947 (Ga. L. 1947, p. 303), an Act approved January 31, 1951 (Ga. L. 1951, p. 2073), and an Act approved March 13, 1957 (Ga. L. 1957, p. 3233), so as to increase the membership of the board of commissioners of roads and revenues of Tift County; to provide for additional commissioner districts; to provide for the election of additional members to the board and their terms of 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 creating a board of commissioners of roads and revenues of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended by an Act approved August 7, 1920 (Ga. L. 1920, p. 630), an Act approved August 14, 1925 (Ga. L. 1925, p. 762), an Act approved August 19, 1927 (Ga. L. 1927, p. 682), an Act approved March 25, 1947 (Ga. L. 1947, p. 303), an Act approved Page 2901 January 31, 1951 (Ga. L. 1951, p. 2073), and an Act approved March 13, 1957 (Ga. L. 1957, p. 3233), 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. There is hereby established in and for the County of Tift a board of commissioners of roads and revenues consisting of five (5) members who shall be freeholders and qualified voters of said county and men of good practical business experience, who shall reside in the commissioner district from which they are elected, as hereinafter provided. Said board of commissioners shall constitute the governing authority of said county and shall exercise the powers, duties, and responsibilities specified herein and imposed upon said officers by the laws of the State of Georgia. Members. Section 2. Said Act is further amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. For the purpose of this Act and for the purpose of the election of members of the board of commissioners of roads and revenues, Tift County is hereby divided into five (5) commissioner districts to be constituted and designated as follows: Districts. Commissioner district number 1 shall be composed of that portion of Tift County embracing and known as the Tifton and Eldorado militia districts. Commissioner district number 2 shall be composed of that portion of Tift County embracing and known as the Chula, Brighton, and Brookfield militia districts. Commissioner district number 3 shall be composed of that portion of Tift County embracing and known as the Ty Ty, Dosia, and Omega militia districts. Commissioner district number 4 shall be composed of that portion of Tift County embracing and known as the Tifton militia district. Page 2902 Commissioner district number 5 shall be composed of the entire County of Tift. Section 3. 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. At the general election in 1964, two (2) persons shall be elected as commissioners of roads and revenues of Tift County from commissioner district numbers 1 and 3 for terms of office of four (4) years each, beginning January 1, 1965, and until their successors are elected and qualified. At the general election in 1966, three (3) persons shall be elected as commissioners of roads and revenues of Tift County from commissioner district numbers 2, 4, and 5 for terms of office of four (4) years each, beginning January 1, 1965, and until their successors are elected and qualified. In the general elections held after the general elections of 1964 and 1965, all persons elected as members of the board of commissioners of roads and revenues of Tift County shall be elected for terms of office of four (4) years each and until their successors are elected and qualified. Each person elected as a member of the board of commissioners of roads and revenues of Tift County shall be a resident of the district from which he offers as a candidate, but all persons shall be elected by the voters of the entire county. Elections. Section 4. Not less than thirty (30) nor more than sixty (60) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Tift County to issue the call for an election for the purpose of submitting this Act to the voters of Tift 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 Tift County. The ballot shall have written or printed thereon the words: Page 2903 For approval of the Act to increase the membership of the board of commissioners of roads and revenues of Tift County. Against approval of the Act to increase the membership of the board of commissioners of roads and revenues of Tift 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 more than one-half 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 Tift County. It shall be the duty of the ordinary to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the ordinary to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1964 Session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of roads and revenues for Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, so as to increase the membership on the board from three to five; to provide the procedure connected therewith; to provide for a referendum; and for other purposes. This 18th day of January, 1964. H. B. Allen Representative, Tift County Page 2904 W. Frank Branch Representative, Tift County Ford Spinks, 9th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. B. Allen, who, on oath, deposes and says that he is Representative from Tift County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tifton Gazette, which is the official organ of said county, on the following dates: January 23, 1964; January 30, 1964; and February 6, 1964. /s/ H. B. Allen Representative, Tift County Sworn to and subscribed before me, this 10 day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved March 11, 1964. Page 2905 CITY OF ALMAAUTHORITY TO ABANDON ALLEY. No. 897 (House Bill No. 1099). To be entitled an Act to authorize and empower the City of Alma to abandon any and all rights in and to close permanently for use as an alley a ten (10) foot wide strip measured from north to south, said strip running from east to west throughout the entire block and through the middle of block number 39 and being bounded on the north by lots number 1, 2, 3, 4, 5, 6, 7, 8, and 9; on the east by Baker Street; on the south by lots number 10, 11, 12, 13, 14, 15, 16, 17, and 18; and on the west by Worth Street, according to a plat of survey prepared for the Alma Land and Improvement Company and being a part of original land lot number 271 in the fifth (5th) land district of originally Appling County, now Bacon County, Georgia, as per plat of record in the office of the clerk of superior court of Bacon County, Georgia, in plat book #2, pages 301-308, inclusive. It appearing that said strip has never been accepted by the City of Alma as an alley and the rights of no persons are affected except Glenn Courson, Johnnie E. Hyers, M. C. Harrington, V. A. Bennett, J. H. Hutto and the Church of God, this action being consented to by these owners; and to authorize the execution and delivery by the City of Alma, Georgia, of deeds of conveyance, conveying to the abutting property owners the fee simple title to the land embraced within the limits of said alley; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The mayor and councilmen of the City of Alma, Georgia, are hereby authorized and empowered to abandon any and all rights in and to close permanently for use as an alley a ten (10) foot wide strip measured from north to south, said strip running from east to west throughout the entire block and through the middle of Block Number 39 and being bounded on the north by lots number 1, 2, 3, 4, 5, 6, 7, 8, and 9; on the east by Baker Street; on Page 2906 the south by lots number 10, 11, 12, 13, 14, 15, 16, 17, and 18; and on the west by Worth Street, according to a plat of survey prepared for the Alma Land and Improvement Company and being a part of original land lot number 271 in the fifth (5th) land district of originally Applying County, now Bacon County, Georgia, as per plat of record in the office of the clerk of superior court of Bacon County, Georgia, in plat book #2, pages 301-308, inclusive. It appearing that said strip has never been accepted by the City of Alma as an alley and the rights of no persons are affected except Glenn Courson, Johnnie E. Hyers, M. C. Harrington, V. A. Bennett, J. H. Hutto and the Church of God, this action being consented to by these owners. Section 2. The mayor and councilmen of the City of Alma, Georgia, are hereby authorized to make, execute and deliver to the abutting property owners deeds of conveyance conveying to said property owners the full and fee simple title to the land embraced within the limits of said alley so as to extend the ownership of the abutting property to the abutting owners. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Seek Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia which convened on January 13, 1964, for the passage of a local bill to be entitled: An Act to authorize, empower the City of Alma to abandon any kind and all rights in and to close permanently for use as an alley a ten (10) foot wide strip measured from North to South, said strip running from east to west throughout the entire block and through the middle of block number 39 and being bounded on the North by lots number 1, 2, 3, 4, 5, 6, 7, 8, and 9; on the east by Baker Street; on the south by lots number 10, 11, 12, 13, 14, 15, 16, 17 and 18; and, on the west by Worth Street, according to a plat of survey prepared for the Alma Land and Improvement Company and being a part of original land lot number 271 in the fifth (5th) land district of Page 2907 originally Appling County, now Bacon County, Georgia, as per plat of record in the office of the clerk of superior court of Bacon County, Ga., in plat book no. 2, pages no. 301-308 inclusive. It appearing that said strip has never been accepted by the City of Alma as an alley and the rights of no persons are affected except Glenn Courson, Johnnie E. Hyers, M.C. Harrington, V. A. Bennett, J. H. Hutto and the Church of God, this action being consented to by these owners; and to authorize the execution and delivery by said City of Alma of a deed, or deeds of conveyance conveying to the abutting property owners the fee simple title to the land embraced within the limits of said alley and for other purposes. This the 18th day of January, 1964. Sworn to and subscribed to before me, this the 18th day of January 1964. H. Dorsey Deen, Representative, Bacon County, Ga. Braswell Deen, Jr., Notary Public, State at Large. My Commission expires November 21, 1966. 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 22, 29 and February 5, 1964. /s/ H. Dorsey Deen Representative, Bacon County Page 2908 Sworn to and subscribed before me, this 10th day of February, 1964. /s/ Patty Sue Hurst Notary Public. (Seal). Approved March 11, 1964. FULTON COUNTYPENSION ACT FOR TEACHERS AND EMPLOYEES OF BOARD OF EDUCATION AMENDED. No. 898 (House Bill No. 1102). 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, particularly as amended by an Act approved March 25, 1947 (Ga. L. 1947, p. 535), so as to provide that a teacher or employee may designate certain dependents as beneficiaries; 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. Section 6 of said Act as amended by an Act approved March 25, 1947 (Ga. L. 1947, p. 535) is further amended by placing a period after the words Beneficiary in the first sentence of the second paragraph of said section 6 and by striking from said sentence the words but not her husband. Page 2909 Section 2. Said Act as amended is further amended by adding thereto a new Section 6A to read as follows: Notwithstanding any other provisions of this Act regarding the rights of a teacher or employee to designate a beneficiary to succeed to his or her rights as a pensioner, the following rules shall apply: (a) Any female teacher or employee having a dependent as hereinafter defined shall have the right at any time to name one such dependent as beneficiary of her pension benefits hereunder, the amount of such pension benefits to be the same as provided for beneficiaries elsewhere in this Act, as amended, and provided that the additional contributions for beneficiaries required in this Act, as amended, are made. (b) As used herein, a dependent shall mean a husband, step-child, mother, father, grandparent, brother, sister, grandchild, step-brother, step-sister, step-father, step-mother, mother-in-law, father-in-law, uncle, aunt, nephew or niece, who: (i) has income from all sources of less than $600 per annum; and (ii) receives more than fifty (50%) per cent of his or her support from the teacher or employee. (c) A dependent beneficiary shall become ineligible to receive further pension benefits, and such benefits shall terminate upon the occurrence of any one of the following events: (i) such beneficiary has income from all sources other than pension payments hereunder in excess of $600.00 per annum, (ii) such beneficiary, if a minor, marries or reaches the age of eighteen (18) years, or (iii) such beneficiary dies. (d) The fact of dependency as defined in paragraph (b) above must be established to the satisfaction of the Board, (i) at the time that the female teacher or employee seeks to designate said dependent as beneficiary, and (ii) at such other times, before and at the time such pension benefits become payable to such dependent beneficiary, as the Board may require. After the dependent beneficiary has begun to receive pension benefits, he or she shall establish Page 2910 his or her eligibility to continue receiving benefits at such times as the Board may require. (e) the female teacher or employee shall have the right to change her designation of a dependent beneficiary at any time. (f) Nothing herein contained shall be construed to alter the provisions of the last paragraph of Section 6 of this Act, as amended, requiring the designation of a member's wife or unmarried children under the age of eighteen (18) years. Section 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this Act be 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. 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. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the secretary of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 6th, 13th and 20th days of January, 1964, as provided by law. Page 2911 /s/ Bessie K. Crowell Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January, 1964 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; 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 22nd day of January, 1964. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission expires Oct. 19, 1967. (Seal). Approved March 11, 1964. PRIMARY ELECTIONS IN CERTAIN COUNTIES. No. 899 (House Bill No. 1115). An Act to authorize counties whose population is determined by the United States Decennial Census of 1960 or by any later census to be not less than 114,000 persons, nor more than 116,000 persons to require that any political party holding a primary for the nomination of a candidate for a state or county office shall require that the nominee Page 2912 receive a majority of the votes of those persons voting thereon; to provide that this law shall not apply to a judicial circuit or senatorial district which does not lie exclusively within the boundaries of one county; to provide for a run-off primary in the event a candidate fails to receive a majority in the first primary; 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 114,000 nor more than 116,000, according to the 1960 United States Decennial Census, or any future such Census, any political party holding a primary for the nomination for a candidate for a state or county office shall require that the nominee receive a majority vote of those persons voting thereon, provided, however, that the provisions of this law shall not apply to any judicial circuit or senatorial district whose boundaries do not lie exclusively within one county. Where applicable, etc. Section 2. Be it further enacted that in the event that a candidate fails to receive a majority in the first primary that such political party shall hold a second primary within seven (7) days after the result of the first primary has been determined and declared, said run-off primary to be between those two candidates receiving the greater number of votes in the first primary. Section 3. Be it further enacted that all provisions of law with reference to primary elections shall apply to said run-off primary elections as well as all rules of the state and county political committees not in conflict with the laws of this State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964. Page 2913 CITY OF SMYRNACHARTER AMENDED. No. 900 (House Bill No. 1116). 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 March 15, 1943 (Ga. L. 1943, p. 1586), an Act approved February 25, 1949 (Ga. L. 1949, p. 1325), an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2591), an Act approved March 4, 1955 (Ga. L. 1955, p. 2656), an Act approved February 13, 1956 (Ga. L. 1956, p. 2265), an Act approved March 5, 1957 (Ga. L. 1957, p. 2540), an Act approved February 11, 1958 (Ga. L. 1958, p. 2032), an Act approved March 25, 1959 (Ga. L. 1959, p. 3217), an Act approved March 17, 1960 (Ga. L. 1960, p. 2505), an Act approved March 28, 1961 (Ga. L. 1961, p. 2571), an Act approved March 2, 1962 (Ga. L. 1962, p. 2550), and an Act approved March 20, 1963 (Ga. L. 1963, p. 2424), so as to fix the compensation of the mayor and council of the City of Smyrna and the method of compensating other officials and employees of the City of Smyrna; to provide that in all special elections of the City of Smyrna the qualified voters of the city shall have until 15 days preceding any special election to register to vote in such election; to provide that in special elections of the City of Smyrna held to fill vacancies in the office of mayor or one of the councilmen such elections shall be held within thirty days after the vacancy is official; to provide that candidates for such vacanies shall file notice of their candidacy with the city clerk of the City of Smyrna not later than 15 days prior to the special election called to fill such vacancy; to provide for voting machines; to provide that all property annexed into the city limits of Smyrna from the unincorporated area of Cobb County shall come into the city with the zoning classification of the city which coincides, or most nearly coincides, with the Cobb County zoning classification of such property in effect at the time the property is annexed by the City of Smyrna; to increase the corporate limits of the City of Smyrna; to repeal conflicting laws; and for other purposes. Page 2914 Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended particularly by an Act approved March 15, 1943 (Ga. L. 1943, p. 1586), an Act approved February 25, 1949 (Ga. L. 1949, p. 1325), an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2591), an Act approved March 4, 1955 (Ga. L. 1955, p. 2656), an Act approved February 13, 1956 (Ga. L. 1956, p. 2265), an Act approved March 5, 1957 (Ga. Laws 1957, p. 2540), an Act approved February 11, 1958 (Ga. L. 1958, p. 2032), an Act approved March 25, 1959 (Ga. L. 1959, p. 3217), an Act approved March 17, 1960 (Ga. L. 1960, p. 2505), an Act approved March 28, 1961 (Ga. L. 1961, p. 2571), an Act approved March 2, 1962 (Ga. L. 1962, p. 2550), and an Act approved March 20, 1963 (Ga. L. 1963, p. 2424), is hereby amended by adding the following new section to be known as section 6(b) to read as follows: Section 6(b) Effective July 1, 1964, the mayor of the City of Smyrna shall be paid a salary of $250.00 per month and each councilman of said city shall be paid a salary of $150.00 per month. The compensation of all other officials and employees of the City of Smyrna, except as otherwise provided by law, shall be determined by the mayor and council of the city. Salaries. Section 2. Said Act is further amended by striking the words an election which appear in section 13, immediately following the words at least forty-five days preceding and substituting in lieu thereof the following words, a regular election or at least 15 days preceding any special election, so that when so amended, section 13 of the said charter of the City of Smyrna shall read as follows: Section 13. Be it further enacted that every citizen of the City of Smyrna, eighteen years of age or over, who shall have resided within the corporate limits of the City of Smyrna for a period of six months next preceding an election and who is legally registered under the ordinances of said city as a voter in the municipal elections of said Page 2915 city at least forty-five days preceding a regular election or at least 15 days preceding any special election, and who shall have paid all taxes which may have been required of him or her by said city, and which he or she may have had an opportunity to pay agreeably to law, except for the year during which the election was held, and who shall have paid all fines, license and business taxes required of him or her by said city, shall be qualified to vote at any election held in said City of Smyrna. Voter registration. Section 3. Said Act is further amended by striking the words twenty in section 8 of the said charter of the City of Smyrna, as amended, and by substituting in lieu thereof the word thirty so that when so amended section 8 of said charter shall read as follows: Section 8. Be it further enacted, that in the event the office of mayor or councilman should become vacant by death, resignation, removal from city, or otherwise, the mayor and council shall order an election for the purpose of filling such vacancy, in no event to exceed thirty days after the vacancy is official, by giving such notices as may be determined by the mayor and council, and such election shall be held, returns made, and results declared in the same manner as in the regular elections held for mayor and councilmen; provided, in case the office of mayor becomes vacant within six months preceding the regular municipal election for mayor of said city, then in that event the said vacancy shall be filled by the Mayor pro tem., or by any councilman elected by the council for that purpose; and in case any vacancy or vacancies occur within six months preceding the regular municipal election for councilmen of said city, then in that event, said vacancy or vacancies shall be filled by the mayor and council by the election of any citizen of said city from the proper ward who in their judgment may be deemed competent. Vacancies. Section 4. Said Act is further amended by adding the word regular immediately following the words forty-five days prior to the in section 14 and by adding the following words, or at least 15 days prior to the special election for which the within oath is being administered at Page 2916 the end of section 14 of said Charter, so that when so amended, section 14 shall read as follows: Section 14. Be it further enacted, that in case the manager of any election shall have a reasonable doubt as to the qualification of any voter, or should any voter be challenged, they shall administer said voter the following oath: `You do swear that you are a citizen of the State of Georgia, that you have attained the age of eighteen years; that you have resided for a period of six months next preceding the election within the corporate limits of the City of Smyrna, and have paid all taxes, licenses, and fines legally required of you by said City of Smyrna, and have legally registered under the ordinances of said city as a voter in the municipal elections of said city at least forty-five days prior to the regular election for which the within oath is being administered, or at least 15 days prior to the special election for which the within oath is being administered.' Challenged voters. Section 5. Said Act is further amended by adding to section 15, after the words forty-five days prior to the election in which her or she desires to be a candidate the following language: in the case of a regular election and 15 days in the case of any special election, so that when so amended said section 15 of the charter of the City of Smyrna shall read as follows: Section 15. Be it further enacted that no person shall be eligible for the office of mayor or councilman of said city unless he or she shall have been a resident in said city for not less than one year immediately preceding his or her qualification for office, and a freeholder, and shall be a qualified and registered voter, eligible to vote in the municipal elections of said city for said officers and shall be over twenty-one years of age and shall not have been convicted of any crime involving moral turpitude. The name of no candidate for either mayor or councilman shall be placed on the ballot in elections for mayor and councilman, unless such candidate shall file with the clerk of the said city, forty-five days prior to the election in which he or she desires to be a candidate in the case of a regular election and 15 days in the case of any special election, his Page 2917 or her written notice that he or she desires to be a candidate, his or her written notice that he or she desires that his or her name be placed on said ballot as a candidate for either mayor or councilman. Such written notice shall be in such form and shall contain such information the mayor and council may provide by ordinance. No person shall be eligible for the office of mayor or councilman of said city unless such person shall file said above notice within the time provided, and unless on or before said time he shall pay a qualification fee to said clerk in the amount of $50.00 if a candidate for mayor, and in the amount of $25.00 if a candidate for councilman, said amounts not to be refundable in the event a candidate withdraws between the date of his qualification and that of the election. The word `freeholder' as used herein shall mean and include any citizen of said city who owns real estate in said city or has a vested interest in real estate in said city by lease or otherwise for a period of not less than seventy-five (75) years. Mayor and councilmen. Section 6. Said Act is further amended by adding to the end of section 10, the following language: The mayor and council are hereby authorized to use voting machines in any city election, including but not being limited to referendums, elections for city officers, and other special elections. All voting machines so used shall be approved by the city council, and it shall be solely within the discretion of such council as to the makes, models and construction of such machines. The custody of such voting machines shall be in the mayor and city council, or in lieu thereof in the custody of any election managers or commissioners of the City of Smyrna. so that when so amended, section 10 shall read as follows: Section 10. That in all elections directed to be held by the mayor and council shall be held by three free-holders of said city, who shall be appointed by the mayor and council and said election shall be held at the city hall council chamber in said city and shall otherwise be held in the manner prescribed by the mayor and council. No person shall be eligible to vote in an election, whose name does not appear on the list of registered voters for said city and Page 2918 who is not, at the time of the casting of such ballot a bona fide resident thereof. The mayor and council are hereby authorized to use voting machines in any city election, including but not being limited to referendums, elections for city officers, and other special elections. All voting machines so used shall be approved by the city council, and it shall be solely within the discretion of such council as to the makes, models and constructions of such machines. The custody of such voting machines shall be in the mayor and city council, or in lieu thereof in the custody of any election managers or commissioners of the City of Smyrna. Voting machines. Section 7. Said Act is further amended by adding thereto a new section to be known and designated as section 18 (a) which shall read as follows: Section 18(a). All property described in this Act and all property subsequently annexed from the unincorporated area of Cobb County into the city limits of Smyrna, as now or hereafter provided by law, shall become a part of the corporate limits of the City of Smyrna under that zoning classification of the City of Smyrna which coincides, or most nearly coincides, with the Cobb County zoning classification of such property in effect at the time of its annexation by the City of Smyrna. Zoning. Section 8. Said Act is further amended by adding a new section to said charter of the City of Smyrna, to be known and designated as section 4 (k) which shall be inserted between section 4(j) and section 5 of said charter, and which shall read as follows: Corporate limits. Section 4(k). 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), 4(i) and 4(j) of this Act, as amended, all of the area embraced within the following described tracts and parcels of land: Parcel One . All that tract or parcel of land lying and being in land lot 526 of the 17th district, 2nd section, Cobb County, Georgia, being lots 3, 2, and 1 of block A, Forest Page 2919 Hills subdivision as per plat by Watts and Browning, Engineers, dated February 20, 1962 and revised March 4, 1963 and recorded in plat book 23, pages 202 and 203 of Cobb County records and more particularly described as follows: `Beginning at a point at the southeast intersection of King Springs Road and Daniell Drive; thence west 40 feet, more or less, to the west right-of-way of King Springs Road which is the existing city limits of Smyrna; thence south along the west side of King Springs Road 155 feet to a point; thence east a distance of 40 feet, more or less, to a point that is on the east right-of-way of King Springs Road; thence east 262.7 feet to a point; thence north 155 feet to a point on the south right-of-way of Daniell Drive; thence westerly along the south side of Daniell Drive a distance of 258.3 feet to the point of beginning.' Parcel Two . All that tract or parcel of land lying and being in original land lots nos. 668 and 669 of the 17th district, 2nd section of Cobb County, Georgia, and being more particularly described as follows: `Beginning at an iron pin on the southwest side of Old U.S. Highway No. 41 W, at the property now or formerly owned by A. L. Crowe; thence south 11 degrees 8 minutes west, along said Crowe property and the present city limits of Smyrna for a distance of 399.8 feet to an iron pin; thence continuing along existing city limits of Smyrna, south 1 degree 41 minutes west, for a distance of 385 feet to an iron pin and fence corner; thence easterly along the property now or formerly owned by Crowe and Daniel, and being the present city limits of Smyrna, for a distance of 239.6 feet to an iron pin; thence northeasterly for a distance of 609 feet to an iron pin on the southwesterly side of said U.S. Highway No. 41 W at the corner of property now or formerly owned by Grey; thence northwesterly along the southwesterly side of said Highway, for a distance of 350 feet to the point of beginning, being the same property conveyed by J. A. Rust to Mrs. Elsie Mae Rust, by warranty deed dated October 1, 1948, recorded in deed book 196, page 21, Cobb County records. That portion of the above described property owned by the Rust Cheese Company being Page 2920 more particularly described in warranty deed from Mrs. J. A. Rust known as Elsie Mae Rust to Rust Cheese Company, dated October 1, 1948, recorded in deed book 211, page 270, Cobb County records.' Parcel Three . All that tract or parcel of land lying and being in land lot 301, 17th district, 2nd section, Cobb County, Georgia, more particularly described as follows: `Beginning at an iron pin at the point of intersection of the southeasterly side of Benson Pool Road and the westerly side of South Cobb Drive; running thence southwesterly along said Benson Pool Road 130 feet to an iron pin; thence southeasterly 70 feet to an iron pin; thence easterly 85 feet along the existing city limits of Smyrna to an iron pin and the right-of-way of South Cobb Drive; thence northerly, along the right-of-way of South Cobb Drive and the existing city limits of Smyrna 150 feet to the point of beginning.' Parcel Four . All that tract or parcel of land lying and being in land lot 809 of the 17th district and 2nd section of Cobb County, Georgia and more particularly described as follows: `Beginning at a point on the south original land lot line of said land lot 809 that is four hundred ninety-five (495) feet west of the southeast corner of said land lot; thence south 50 feet, more or less, to the south right-of-way of Spring Road; thence west along the south side of Spring Road 595 feet, more or less, to the present city limits of Smyrna; thence north 50 feet to the north right-of-way of Spring Road; thence east along the north right-of-way a distance of 100 feet to a point; thence north 200 feet to the existing city limits of Smyrna; thence north eleven hundred twenty (1120) feet, more or less, along the existing city limits of Smyrna to the north original land lot line; thence east along said original land lot line four hundred ninety-five (495) feet to a point; thence south through said land lot 809 for thirteen hundred twenty (1320) feet to the south original land lot line and the point beginning; said tract of land containing fifteen (15) acres, and being what is known as tract no. 4 of the plat made by W. W. McCulloch, C. E., a copy of which plat is recorded in Page 2921 the office of the ordinary of Cobb County, Georgia in minute book J, page 511.' Parcel Five . All that tract or parcel of land lying and being in land lot 594 and 631 of the 17th district, 2nd section of Cobb County, Georgia and being more particularly described as follows: Beginning at a point on the present city limits of Smyrna, which is the southwest corner of the property now or formerly owned by Mr. Emory W. Chastain; thence north a distance of 340 feet to a point; thence east a distance of 200 feet to a point; thence north a distance of 200 feet, more or less, to a point; thence east a distance of 250 feet, more or less, to a point; thence south a distance of 200 feet, more or less to a point; thence east a distance of 50 feet to a point; thence south a distance of 611 feet, more or less, to the north right-of-way of Corn Road and the existing city limits of Smyrna; thence northwesterly along the north right-of-way of Corn Road and the present city limits of Smyrna a distance of 488 feet, more or less, to the point of beginning.' Parcel Six . All that tract or parcel of land lying and being in land lot 301 of the 17th district, 2nd section of Cobb County, Georgia, more particularly described as follows: `Beginning at the southwest corner formed by the intersection of Pat Mell Road and Old Concord Road, which point is 286 feet east of the intersection of the south side of Pat Mell Road and the northeast side of South Cobb Drive, as measured along the south side of Pat Mell Road; thence south along the west side of Old Concord Road 237.9 feet to a point and corner located on the west side of Old Concord Road; thence westerly 204.8 feet to a point and corner located on the northeast side of South Cobb Drive; thence northwesterly 100 feet along the northeast side of South Cobb Drive to an iron pin, point and corner located on the northeast side of South Cobb Drive; thence easterly 149.9 feet along the southern side of property conveyed by L. M. Harris to J. G. Smith and J. M. Fowler, Jr., by warranty deed dated July 1, 1957, recorded in deed book 408, page Page 2922 343, Cobb County records, and now occupied by a Shell Oil service station, to an iron pin, point and corner; thence northwesterly along the northeasterly side of said Shell Oil service station property 150.1 feet to an iron pin, point and corner located on the south side of Pat Mell Road, said iron pin, point and corner being located 150 feet east of the southeast corner of the intersection of Pat Mell Road and South Cobb Drive; thence east along the south side of Pat Mell Road 136 feet to the southwestern corner of the intersection of Pat Mell Road and Old Concord Road and the point of beginning.' Parcel Seven : All that tract or parcel of land lying and being in land lots 486 and 523 of the 17th district, 2nd section of Cobb County, Georgia, known as lot no. 1 taken from plat of O. L. Timothy, subdivision, parcel no. 2, and more particularly described as follows: `Beginning at the point of intersection formed by the east side of Concord Road with the south line of land lot 486; thence north along the east side of Concord Road, and the existing city limits of Smyrna a distance of 62 feet to a point at the southwest corner of lot no. 2 of the Catherine B. Dorris property; thence east along the south line of said lot no. 2 and the existing city limits of Smyrna a distance of 246 feet to a point and corner; thence southerly 55 feet to the south land lot line of land lot 523; thence west along this land lot line for 278 feet to the point of beginning.' Parcel Eight : All that tract or parcel of land lying and being in land lot 555 of the 17th district, 2nd section, of Cobb County, Georgia and being more particularly described as follows: `Beginning at a point located on the westerly side of the 40 foot drainage easement known as the Pretty Branch Creek Drainage Easement at the intersection of the present city limits of Smyrna and said drainage easement; thence easterly a distance of 40 feet to a point that is on the easterly side of said drainage easement; thence southeasterly along the east side of the drainage easement a distance of 505 feet, more or less, to a point located at the northwest Page 2923 corner of property now or formerly owned by Norwood Coker; thence continuing along the east side of said easement and the present city limits of Smyrna, a distance of 337 feet to a point located on the south line of land lot 555; thence west along the south line of said land lot a distance of 40 feet, more or less, to a point on the west side of said drainage easement; thence northwesterly along the said drainage easement a distance of 490 feet to a point that is on the present city limits line of Smyrna; thence continuing northwesterly along the said drainage easement and the existing city limits of Smyrna, a distance of 400 feet to the point of beginning.' Parcel Nine : All that tract or parcel of land lying and being in land lot 556 of the 17th district, 2nd section, Cobb County, Georgia, known as lots 1, 2, 3 and 4 of the Pretty Branch extension subdivision, more particularly described as follows: `Beginning at a point at the southeast corner of the intersection of Lee Street and Forest Drive; thence east a distance of 200 feet along the south right-of-way of Forest Drive to a point; thence north 50 feet to a point which is the southeast corner of property now or formerly owned by Mrs. Margaret Shaw Knipple; thence north 250 feet to a point; thence west a distance of 50 feet, more or less, to a point; thence north a distance of 50 feet to a point which is the southeast corner of property now or formerly owned by Mr. Dewey L. Ranson; thence continuing north a distance of 160 feet to a point; thence west a distance of 154 feet to a point that is located on the east right-of-way of Lee Street 485 feet north of the northeast corner of the intersection of Lee Street and Forest Drive; thence west a distance of 50 feet to the west right-of-way of Lee Street to a point; thence south along the west right-of-way of Lee Street a distance of 365 feet, more or less, to a point which is the northeast corner of property now or formerly owned by Mr. James E. Quarles, said point being on the present city limits of Smyrna; thence south along the present city limits line a distance of 95 feet to a point on the northwest corner of the intersection of Lee Street and Daniel Drive; thence south a distance of 50 feet to the Page 2924 southwest corner of the said intersection; thence south a distance of 25 feet, more or less, to a point which is the point of intersection of the west right-of-way of Lee Street and the south right-of-way of Forest Drive if Forest Drive were extended; thence east a distance of 50 feet to the point of beginning.' Parcel Ten : All that tract or parcel of land lying and being in land lots 592, 591 and 634 of the 17th district, 2nd section of Cobb County, Georgia, and being more particularly described as follows: `Beginning at a point located on the south side of Roswell Road at the northwest corner of property now or formerly owned by H. M. Christian in land lot 592; thence northeasterly along the north property line of said property and the existing city limits of Smyrna a distance of 300 feet to a point; thence southeasterly along the existing city limits a distance of 240 feet to a point; thence northeasterly a distance of 500 feet to a point located on the west side of Mathews Street; thence north on the west side of Mathews Street a distance of 320 feet to the southwest intersection of New Roswell Road and Mathews Street; thence northeasterly on the southeast side of New Roswell Road a distance of 510 feet to a point; thence northerly along the line dividing lot 6 and 7 of the M. Frosting subdivision, as more fully shown and described on plat of survey by Paul Hensley dated December 19, 1940, recorded in plat book 4, page 120, Cobb County, Georgia records, a distance of 470 feet; thence westerly along the line dividing lots 4, 5, 6, and 10, a distance of 326 feet to a point on the east side of North Mathews Street located 600 feet north of the northeast intersection of New Roswell Road and North Mathews Street; thence west a distance of 30 feet, more or less, to the west side of North Mathews Street; thence south along the west side of North Mathews Street a distance of 200 feet to a point that is the northeast corner of property now or formerly owned by Mrs. Mable J. Moon; thence west a distance of 201.3 feet to a point; thence north a distance of 300 feet to a point which is the northeast corner of property now or formerly owned by Cobb County Board of Education; thence west a distance Page 2925 of 388 feet, more or less, to a point; thence south a distance of 700 feet, more or less, to the north side of Hawthorne to a point that is the southwest corner of property now or formerly owned by the Cobb County Board of Education; thence west along the north side of Hawthorne Street a distance of 200 feet, more or less, to a point; thence south a distance of 50 feet, more or less, to the south side of Hawthorne Street to a point which is the northwest corner of property now owned by Rev. J. L. Spinks; thence southeasterly a distance of 210 feet to a point; thence west and southwesterly along the south side of an easement a distance of 780 feet, more or less, to the existing city limits of Smyrna; thence southeasterly and southerly along the existing city limits radius a distance of 900 feet, more or less, to a point which is on the north property line of property now or formerly owned by Carl R. Crumley; thence east along the existing city limits of Smyrna a distance of 184 feet, more or less, to a point; thence north along the existing city limits a distance of 495 feet, more or less, to the point of beginning.' Section 9. Be it further enacted, that in the event of 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 10. All laws and parts of laws in conflict with this Act are hereby repealed. Section 11. Be it further enacted, however, that all of 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, Page 2926 and all rules, ordinances, and regulations of said town, not in conflict with this Act, shall be and remain in full force and effect. 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: December 20, 1963, December 27, 1963, January 3, 1964 and January 10, 1964. /s/ Brooks P. Smith, Publisher Marietta Daily Journal and Cobb County Times. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February, 1964 Session of the General Assembly of Georgia a Bill to amend the charter of the City of Smyrna (Ga. L. 1931, p. 955, et seq.) as heretofore amended, and for other purposes. This 17th day of December, 1963. Robert E. Flournoy, Jr. E. W. Teague Joe Mack Wilson Kyle Yancey Ed Kendrick State Legislators Sworn to and subscribed before me, this 3rd day of February, 1964. Page 2927 /s/ Margaret H. Smith, Notary Public, Cobb County, Georgia. My Commission Expires Oct. 30, 1965. (Seal). Approved March 11, 1964. COBB COUNTYPRIMARY ELECTIONS. No. 901 (House Bill No. 1118). An Act to require that any political party holding a primary for the nomination of a candidate for a State or county office in Cobb County shall require that the nominee receive a majority of the votes of those persons voting thereon; to provide for a runoff primary in the event a candidate fails to receive a majority in the first primary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In Cobb County, any political party holding a primary for the nomination for a candidate for a State or county office shall require that the nominee receive a majority vote of those persons voting thereon. Section 2. Be it further enacted that in the event that a candidate fails to receive a majority in the first primary that such political party shall hold a second primary within seven (7) days after the result of the first primary has been determined and declared, said runoff primary to be between those two candidates receiving the greater number of votes in the first primary. Section 3. Be it further enacted that all provisions of law with reference to primary elections shall apply to said runoff primary elections as well as all rules of the State and county political committees not in conflict with the laws of this State. Page 2928 Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Pursuant to Article 3, Section 7, 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 1964 Session of the General Assembly of Georgia a Bill to require candidates nominated in political party primaries in Cobb County to receive a majority of the votes cast in such primaries or run-off election in order to receive a political party nomination, and for other purposes. This 17th day of January, 1964. Robert E. Flournoy, Jr. E. W. Teague Joe Mack Wilson Edward S. Kendrick Kyle Yancey 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 from Cobb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal, which is the official organ of said county, on the following dates: Jan. 24, 31 and Feb. 7, 1964. /s/ Robert E. Flournoy, Jr., Representative, Cobb County. Sworn to and subscribed before me, this 10 day of February, 1964. Page 2929 /s/ Amelia Smith, Notary Public, Georgia State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved March 11, 1964. LAW LIBRARIES IN CERTAIN JUDICIAL CIRCUITS. No. 902 (House Bill No. 1124). An Act to authorize the superior court judge or judges in any county in this State located in any judicial circuit of the State having a population of not less than 65,500 and not more than 65,600 according to the United States decennial census of 1960 or any such future decennial census to establish and maintain a law library for the use of the judges, solicitors, and other court officials of any such county; to provide for funds; to provide for management; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it eancted by the General Assembly of Georgia: Section 1. The judge or judges if more than one of the Superior Court of any county located in any judicial circuit in this State having a population of not less than 65,500 and not more than 65,600 according to the United States decennial census of 1960, or any such future decennial census, is hereby authorized to establish and provide for the maintenance of a law library in each such county for the use of the judges, solicitors and other court officials thereof. Where applicable, etc. Section 2. For the purpose of providing funds for the establishment and maintenance of such libraries, the sum of $2.00 in addition to all other legal costs shall be charged and collected in each suit, action or case either civil or criminal, including but not limited to, adoptions, charters, certiorari, applications by personal representatives for Page 2930 leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi criminal nature for violating State statutes herein a fine which shall be construed to include costs or a cash bond or bail is forfeited and collected and filed in the superior, county, city, or other court of record, including courts of ordinary, mayor's courts, recorder's courts, police courts, and municipal courts in and for said counties and the clerk or other collecting official of each and every such court in any such county in which a law library shall be established shall collect such fees and remit the same to the fiscal officer having custody of county funds. Where the costs in criminal cases are not collected, the costs here provided for shall be paid from the fine and forfeiture fund of such court in which the case is filed prior to any other disbursement or disposition from such fine or forfeiture fund being made. The judge or judges shall provide for the establishment and maintenance of such law library by the issuance of an order which shall be entered upon the minutes of the court. The judge or judges shall cause to be furnished to the clerk or other collecting official of all courts listed above, certified copy of such order. Funds. Section 3. In each county in which such a law library is established, the judge or judges shall appoint a committee which shall be composed of officers of the court in such county to advise and make recommendations to the judge or judges relative to the establishment, administration, maintenance and operation of the library, the selection and purchasing of books, the appointment of personnel, the salaries to be paid, and all other matters pertaining to the successful functioning of such library. Committee. Section 4. All funds collected under this Act shall be separately remitted to the county treasurer or other person having control of the county funds and a separate account of receipts and disbursements shall be kept by such official. Funds so held by such official shall be disbursed upon the order of the judge or judges. Funds. Section 5. The judge or judges shall appoint one official Page 2931 to be in charge of the operation of such library and fix the compensation of such official, which shall not exceed $25.00 per month. Such salary shall be paid from the fund upon the order of the judge or judges. The governing authority of the county shall furnish the necessary space, offices, lights, heat and water necessary for the maintenance of such library. Personnel office space, etc. 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 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. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964. CITY COURT OF LEXINGTONJUDGE. No. 903 (House Bill No. 1125). An Act to amend an Act establishing the City Court of Lexington in and for the County of Oglethorpe, approved December 13, 1899 (Ga. L. 1899, p. 395), as amended, particularly by an Act approved March 6, 1962 (Ga. L. 1962, p. 3202), so as to authorize the clerk of the court to request any judge of any superior court or city court to act as judge of the City Court of Lexington; to set forth the purpose of this Act; to repeal conflicting laws; and for other purposes. Page 2932 Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the City Court of Lexington, in and for the County of Oglethorpe, approved December 13, 1899 (Ga. L. 1899, p. 395), as amended, particularly by an Act approved March 6, 1962 (Ga. L. 1962, p. 3202), is hereby amended by adding at the end of section 46 a new section to be known as Section 46-A, to read as follows: Section 46-A. The clerk of the City Court of Lexington is hereby authorized to request any judge of any superior court or city court of this State to preside over and act as the judge of this court for the purpose of disposing of cases pending before the court. Any such judge who, at the request of the clerk, does preside in and over such city court, shall be clothed with all the powers and authority provided for the judge of the city court by the Act creating such court and all amendments thereto. Any judge who presides over and acts as judge of the City Court of Lexington is hereby authorized to appoint any person or persons which he deems necessary to act as solicitor of the court for the purpose of prosecuting any cases pending before said court. Judge. Section 2. The purpose of this Act is to provide a means of disposing of all cases now pending or which may hereafter become pending before the City Court of Lexington before December 31, 1964, at which time the City Court of Lexington is to stand and become abolished by virtue of a referendum held on the 6th day of December, 1962, under the authority of an Act approved March 6, 1962 (Ga. L. 1962, p. 3202). This Act shall be liberally construed so as to effect the purpose hereinbefore set forth. Intent. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notices. Notice of intention to introduce legislation to amend the act creating the City Court of Lexington is hereby given. Page 2933 The proposed legislation is for the purpose of continuing the City Court of Lexington until Dec. 31, 1964, so as to clear the docket of cases now pending, by using officials from courts in the surrounding areas. George B. Brooks, Representative, Oglethorpe County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George B. Brooks, who, on oath, deposes and says that he is Representative from Oglethorpe County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oglethorpe Echo, which is the official organ of said county, on the following dates: January 23, 30 and February 6, 1964. /s/ George B. Brooks, Representative, Oglethorpe County. Sworn to and subscribed before me, this 10th day of February, 1964. /s/ Glenn W. Ellard, Notary Public. Approved March 11, 1964. DEKALB COUNTYCOUNTY DEPOSITORY. No. 906 (House Bill No. 1131). An Act to amend an Act approved August 11, 1915, entitled An Act to abolish the office of county treasurer of the County of DeKalb; to provide how all funds of said county are to be paid to, and disbursed by, the county treasurer, shall hereafter be handled and disbursed, and for Page 2934 other purposes, (Ga. L. 1915, p. 210, et. seq.), as amended by an Act approved March 27, 1941, (Ga. L. 1941, p. 830, et. seq.); to provide that the depository shall maintain an office and place of doing business in DeKalb County, to delete certain exceptions on deposit of county funds; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. That an Act approved August 11, 1915, entitled An Act to abolish the office of county treasurer of the County of DeKalb; to provide how all funds of said county which are paid to, and disbursed by, the county treasurer, shall hereafter be handled and disbursed, and for other purposes, (Ga. L. 1915, p. 210, et. seq.), as amended by an Act approved March 27, 1941, (Ga. L. 1941, p. 830, et. seq.) be, and it is hereby amended by deleting from section 3 of said Act, as superseded by an Act approved March 27, 1941 (Ga. L. 1941, p. 830), the following language: except those accruing to said county as a result of the collection of taxes and fees to the officers thereof and fines and forfeitures. Section 2. That section 4 of said Act, (Ga. L. 1915, p. 210-211) be, and it is hereby amended by deleting the entirety of said section and inserting in lieu thereof a new section to be numbered section 4 and to read as follows: Section 4. Be it further enacted by the authority aforesaid, that any bank appointed as depository of the funds of said county shall at all times maintain an office and place of doing banking business within said county. Section 3. This Act shall become effective with its passage and approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Page 2935 Notice is hereby given that there will be introduced at the 1964 Session of the General Assembly of Georgia a bill to amend an Act approved August 11, 1915, entitled An Act to abolish the office of county treasurer of the County of DeKalb; to provide how all funds of said County are to be paid to, and disbursed by, the county treasurer, shall hereafter be handled and disbursed, and for other purposes, (Ga. L. 1915, p. 210, et. seq.), as amended by an Act approved March 27, 1941, (Ga. L. 1941, p. 830, et seq.); to provide that the depository shall maintain an office and place of doing business in DeKalb County; to delete certain exceptions on deposit of county funds; to repeal conflicting laws and for other purposes. James A. Mackay Guy W. Rutland, Jr. J. Robin Harris DeKalb County Representative Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher 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, and further avers that legal notice, a true copy of which is hereto attached, Intention to apply for local legislation was duly published once a week for 3 weeks as required by law, the dates of publication being December 26, 1963 and January 2 and 9, 1964. /s/ Britt Fayssoux Sworn to and subscribed before me, this 30 day of January, 1964. Page 2936 /s/ Carol E. Wheeler, Notary Public, Georgia, State at Large. My Commission Expires Mar. 5, 1967. (Seal). Approved March 11, 1964. CITY COURT OF POLK COUNTYSALARIES. No. 907 (House Bill No. 1134). An Act to amend an Act establishing the City Court of Polk County, approved November 18, 1901 (Ga. L. 1901, p. 156), as amended, so as to change the salary of the solicitor of the city court, and to change the salary of the judge 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 establishing the City Court of Polk County, approved November 18, 1901 (Ga. L. 1901, p. 156), as amended, is hereby amended by striking from section 6 thereof the figures $6,200.00 and by inserting in lieu thereof the figures $9,000.00, so that when so amended said section 6 shall read as follows: Section 6. Be it further enacted that there shall be a solicitor of said court, who shall be appointed and commissioned by the Governor, by and with the consent of the Senate, for the term beginning January 1, 1907, and ending December 31, 1910. His successor shall be elected by the qualified electors of said county at the regular election to be held on the first Wednesday in October, 1910, at which election the Governor and other State officers and other officers shall be elected and under the same rules and regulations as to the method and manner of electing such officers, and the returns of said election as now apply according to existing laws or any Act amendatory thereof, for a term of four years; and each four years thereafter Page 2937 a solicitor of said court shall be elected for a like term of four years and shall be commissioned by the Governor. The returns from all such elections shall be made to the Secretary of State, who shall canvass the vote and declare the result. It shall be the duty of said solicitor to represent the State in all cases in said city court in which the State shall be a party, and shall perform therein such other duties as usually appertain to his office. He shall receive for his services the salary of $9,000.00 per annum, payable monthly, in lieu of any fees now allowed to the solicitor of said court. That Polk County shall participate in all further insolvent costs and shall share as such in all fines, forfeitures, and fees, provided further that after paying the insolvent costs of the solicitor of said city court due at the time of the passage of this Act, the share of all moneys arising from jury fines, fines imposed for violation of penal laws, and other fines, and collected from forfeited recognizances in said city court, which under the provisions of Section 6 of said Act approved November 18, 1901, as amended, are subject to the payment of the fees of the solicitor of said court, shall be paid into the treasury of Polk County. Solicitor. Section 2. Said Act is further amended by striking from section 31 thereof the words sixty-five hundred dollars and inserting in lieu thereof the figures $9,000.00, so that when so amended said section 31 shall read as follows: Section 31. Be it further enacted, that the judge of said court now under appointment shall hold office until 31st day of December, 1910. The judge of said City Court of Polk County shall hereafter be elected by the qualified electors of said County of Polk at the regular election for Governor, Statehouse officers and members of the General Assembly, held on the first Wednesday in October, 1910, or upon such date as the regular general State elections are held next preceding the expiration of the term of office of the present judge of said court. The term of such judge first so elected shall be for four years next succeeding the expiration of the term of a present judge of said court, to wit, December 31, 1910, and each judge thereafter elected shall hold office for the term of four years, his term beginning Page 2938 on the first day of January of the year next succeeding his election, and extending four years thereafter, or until his successor is elected and qualified. All vacancies in the offices of judge or solicitor of the City Court of Polk County shall be filled by appointment of the Governor for the remainder of the unexpired term. The judge of the City Court of Polk County shall receive a salary of $9,000.00 per annum, which shall be paid monthly out of the treasury of Polk County, without the intervention or order of the county commissioners or any county officer. Said judge shall not practice law during his term of office. Said judge may hold any Federal, State, county or municipal office or position not elective by popular vote, and which is not in conflict with the duties of his office as judge of said city court. Judge. Section 3. The effective date of this Act shall be January 1, 1965. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legal Legislation. Notice is hereby given that there will be introduced at the January 1964 Session of the General Assembly of Georgia, a bill to change the compensation of the clerk of Polk County superior court, Polk County ordinary, solicitor of the city court of Polk County, judge of the City Court of Polk County, Polk County coroner, Polk County sheriff, and Polk County tax commissioner; and for other purposes. This 9th day of January, 1964. John Harvey Moore, Representative, Polk County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Harvey Moore, Page 2939 who, on oath, deposes and says that he is Representative from Polk County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cedartown Standard, which is the official organ of said county, on the following dates: January 9, 16 and 23, 1964. /s/ John Harvey Moore, Representative, Polk County. Sworn to and subscribed before me, this 10 day of Feb., 1964. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 11, 1964. TOWN OF PINE MOUNTAINCORPORATE LIMITS, REFERENDUM. No. 908 (House Bill No. 1145). An Act to amend an Act entitled An Act to incorporate the Town of Chipley, (now Pine Mountain) in the county of Harris; to provide for the election of a mayor, five councilmen and a recorder for the same; to define the corporate limits of said town; and to confer certain powers upon the officers of said corporation; and for other purposes., approved December 9, 1882 (Ga. L. 1882, p. 265), as amended, so as to extend the corporate limits of the Town of Pine Mountain; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Page 2940 Section 1. An Act entitled An Act to incorporate the Town of Chipley, (now Pine Mountain) in the County of Harris; to provide for the election of a mayor, five councilmen and a recorder for the same; to define the corporate limits of said town; and to confer certain powers upon the officers of said corporation; and for other purposes., approved December 9, 1882 (Ga. L. 1882, p. 265), as amended, is hereby amended by adding between sections II and III a new section to be numbered section II A, and to read as follows: Section II A. In addition to the corporate limits as provided for in the several acts creating and defining said corporate limits, the corporate limits of the Town of Pine Mountain shall embrace all that area contained within the following description: `Commencing at a point, said point being the southeast corner of the present city limits, in land lot no. 60 of the third land district of Harris County, Georgia, and from said point, running along a line extending the present southern city limit line, in an easterly direction, south 89 degrees 23 minutes 53 seconds east, a distance of 1483.85 feet to a point, where said line extended crosses the land lot line dividing land lot no. 60 and land lot no. 59, and from said point, running in a southerly direction along the said eastern boundary line of said land lot no. 60, to the southeastern corner of said land lot no. 60, said corner being on the northern side of present Kings Gap Road, and from said point, at right angles, and running along the said Kings Gap Road, in a westerly direction to the southwest corner of land lot no. 61 of the third land district, and from said point, at right angles, and running north along the western boundary line of said land lot no. 61, to the northwest corner of land lot no. 61, and from thence at right angles, and running in an easterly direction along the north line of said land lot no. 61, along the present city limit line, 473 yards to a certain known corner, and from thence at right angles and running in a southerly direction along the present western city limit line, 521 yards to a known corner, and from thence at a 270 degree angle, and running east along present southern city limit Page 2941 line 1012 yards to the original starting point of lands incorporated herein.' Section 2. Not less than twenty (20) nor more than thirty (30) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the person charged with the responsibility of conducting municipal elections in the Town of Pine Mountain to issue the call for an election for the purpose of submitting this Act to the voters of the Town of Pine Mountain, and to those residents in the area proposed to be annexed as described above, for approval or rejection. Said official 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. Said official 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 Harris County. The ballot shall have written or printed thereon the words: For approval of the Act extending the corporate limits of the Town of Pine Mountain. Against approval of the Act extending the corporate limits of the Town of Pine Mountain. 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 more than one-half of all votes cast on such question by the voters residing within the present corporate limits of the Town of Pine Mountain, and if more than one-half of all votes cast on such question by the persons residing within the territory proposed to be annexed, as hereinbefore defined, 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 Pine Mountain. It shall be the duty of the official charged with the responsibility of conducting municipal elections in the Town of Pine Mountain to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern general election, except Page 2942 as otherwise provided herein. It shall be the duty of said official 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. Those residents of the area described in section 1 of this Act who are qualified to vote for members of the General Assembly in Harris County shall be eligible to vote in said election. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. 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 Town of Pine Mountain, Georgia, the undersigned will apply to the Representative from Harris County, Georgia, to introduce a Bill at the 1964 Session of the General Assembly of Georgia to amend an act incorporating the Town of Pine Mountain (Chipley), in the County of Harris, approved December 9, 1882 (Ga. L. 1882-3, page 265) as amended by extending the corporate limits of said town to include additional territory, and to embrace same within the city limits of the Town of Pine Mountain; 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, said point being the southeast corner of the present city limits, in land lot no. 60 of the third land district of Harris County, Georgia, and from said point, running along a line extending the present southern city limit line, in an easterly direction, to a point where said line extended crosses the land lot line dividing land lot no. 60 and land lot no. 59, and from said point, at right angles and running in a southerly direction along the said eastern boundary line of said land lot no. 60, in the southeastern corner of said land lot no. 60, said corner being on the northern side of present Kings Gap Road, and from Page 2943 said point, at right angles and running along the said Kings Gap Road, in a westerly direction to the southwest corner of land lot no. 61 of the third land district, and from said point, at right angles, and running north along the western boundary line of said land lot no. 61, to the northwest corner of land lot no. 61, and from thence at right angles and running in an easterly direction along the north line of said land lot no. 61, along the present city limit line, to a certain known corner, and from thence at right angles and running in a southerly direction along the present western city limit line to a known corner, and from thence at a 270 degree angle, and running east along present southern city limit line to original starting point. This the 17th day of December, 1963. O. E. White, Mayor Town of Pine Mountain. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Burton Steis, who, on oath, deposes and says that he is Representative from Harris County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal, which is the official organ of said county, on the following dates: December 19 and 26, 1963 and January 2, 1964. /s/ William Burton Steis, Representative, Harris County. Sworn to and subscribed before me, this 10 day of Feb., 1964. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 11, 1964. Page 2944 SMALL CLAIMS COURTS CREATED IN CERTAIN COUNTIES, INCLUDING TIFT COUNTY. No. 909 (House Bill No. 1186). An Act creating a Small Claims Court in each county in this State having a population of not less than 23,300 and not more than 23,699 according to the U. S. Decennial Census of 1960 or any future such census; 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 prescribing his remuneration; to validate acts and proceedings therein; 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 23,300 and not more than 23,699 according to the U. S. Decennial Census of 1960 or any future such census, and including the County of Tift, a court known as a Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or damages claimed or value of the property involved does not exceed five hundred ($500.00) dollars, said jurisdiction to be countywide and to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, also all the powers granted to justices of the peace by the laws of the State of Georgia. Created, where applicable. 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 Page 2945 cause, to discharge any duty whatever appertaining to his office, the judge of the superior court of the county or any judge of a city court located in said county, on application of any party or the said judge of the Small Claims Court who is unable to act, shall perform such duties and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. 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. Fees. Section 5. All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. Procedure. (a) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by any official or person authorized by law to serve process in circuit courts; or by registered mail or certified mail with return receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge for that purpose. (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope Page 2946 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 initiated 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 demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of the defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof of his claim. (f) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than fifteen days from the date of the service of said notice; provided, however, that where service is made by registered mail or certified mail the date of mailing shall be the date of service. Section 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, Page 2947 which shall cover all cost of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; but the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty, and replevin by possessory warrant, shall be seven dollars and fifty cents ($7.50); and in other matters (not specifically mentioned here) the costs shall be the same as provided for justices of the peace; and in claim cases and illegalities, instituted by a third party after levy, the costs shall be five dollars ($5.00), to be taxed in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the case at his discretion. Costs. 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 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 cost in said proceeding. Claims. Section 9. (a) On that day set for the hearing, or such Page 2948 latter time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. Hearings. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed or same may be waived. If the plaintiff requires time to prepare his defense against such claim the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Setoff. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay executions, 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 Page 2949 a simple, inexpensive, and speedy procedure to effectuate the purposes of this act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes hereof. Rules. Section 12-A. The judge of such court shall have the power to appoint one or more bailiffs of and for said Small Claim Court, to act within and throughout the limits of the county, such bailiffs to serve at the pleasure of the judge and under his discretion, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said Small Claims Court, with power, also, to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in section 24-804 and give the bond prescribed in section 24-811 of the Code of Georgia, and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this State. Bailiffs. Section 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 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 Page 2950 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. Section 16. Until otherwise provided by rules of court the statement of claims, verification, and notice shall be in the following equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Small Claims Court. Statement of Claim. Page 2951 Notice. Page 2952 Section 17. All acts performed by the judge or clerk and all proceedings had before the small claims court in counties of this State having a population of not less than 23,300 and not more than 23,699 according to the U. S. Decennial Census of 1960 or any future such census, are hereby validated. Statement of claims, etc. Intent. Section 18. The judge so appointed at the time this act becomes effective shall continue to serve until the expiration of his term of appointment and his successors shall be appointed by the then Governor of Georgia for succeeding terms of four years each, and until their successors are appointed and qualified. Each judge so appointed shall be exempt from jury duty of the superior court and the city court of said county. Term of judge, etc. Section 19. All forms, docket books, file jackets, filing cabinets and the like, required by this Act shall be furnished by the county commissioners. Records, etc. Section 19-A. The State Librarian is hereby authorized and directed to furnish the Small Claims Courts established hereby, without cost to the court or the county, an up-to-date annotated Code of Georgia and continuing supplements thereto, and all volumes of Georgia Laws, beginning with the Laws of 1960 and if for any reason the State Librarian cannot furnish such books, the Governor is hereby authorized to draw his warrant on the State Treasury for the amount required to purchase them, from any funds available. Law books. Section 20-A. Such Small Claims Courts having no designated terms at stated periods, the judge thereof shall in Page 2953 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. Terms. Section 20-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 Garnishment. Section 21. The judge of a Small Claims Court shall have the power to impose fines of not more than ten dollars Page 2954 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 22. The fee of bailiff for the execution of a fi fa shall be four dollars, plus a reasonable amount for dray-age to be determined by the Small Claims Court judge. The rate of commission on all judicial sales shall be ten percent (10%) on the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of three ($3.00) dollars. Baliff's fees. Section 23. If any word, phrase, sentence, section or part of this Act is declared unconstitutional the remainder shall remain in full force and effect. Severability. Section 24. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 11, 1964. CITY OF EMPIRENEW CHARTER, REFERENDUM. No. 910 (House Bill No. 1196). An Act to amend, revise and supersede the Act incorporating the Town of Empire; to create a new charter for said corporation; to change the name from the Town of Empire to the City of Empire; to prescribe and define the corporate limits thereof; to provide a municipal government for said city; to declare the rights, powers, privileges and liabilities of said city; to provide for the election of mayor and councilmen of said city; to declare and define the duties and powers of the officers of said city; to provide for the qualifications and registrations of voters in said city; to provide for the qualifications of certain officials; to provide for the filling of vacancies in the offices of the mayor and councilmen; to provide for police court in said city and the procedure connected with such court; to provide that the mayor and Page 2955 council shall have the authority to remove or abate all nuisances; to provide for taxation by said city and the procedure connected therewith; to provide that said city shall have full power and authority to license, regulate, control, or prohibit any and all businesses and the procedure connected therewith; to provide said city shall have full power and authority in their discretion, to grade, pave, or otherwise improve for travel and drainage the streets, sidewalks, public lanes and alleys of said city; to provide that said city shall have full power and authority to furnish water, gas, heat and other public utility services for the public use of said city and for private use and to charge therefor; to provide that said city shall have full power and authority to regulate and enforce the collections of and insure payment of charges for supplying said utilities; to authorize said city to enact any and all ordinances, rules and regulations necessary to lay out and prescribe a fire district in said city; to provide that said city shall have the power and authority to pass zoning regulations; to provide for a zoning commission; to provide that said city shall be authorized to adopt any Act of the General Assembly conferring planning and zoning powers upon municipalities; to provide that said city shall have power and authority to condemn private property for any public purpose; to provide that the council of said city shall have power and authority to contract debts and issue bonds of said city as a valid obligation thereof; to provide that the mayor and council of said city shall be authorized and empowered to adopt ordinances and regulations as they may deem proper; to provide for the creation and the election of a board of health in said city and to prescribe its powers and duties; to regulate and prohibit the keeping of explosive and other dangerous substances in said city; to regulate the construction of building to be erected in said city; to establish, equip and maintain a police department; to provide that said city shall have the power of eminent domain; to provide that said city shall be authorized to own and operate housing authorities; to provide that the enumeration of powers contained in this Act shall not be considered as restrictive; to provide that said city may undertake and carry Page 2956 out slum clearance and redevelopment work; to provide for the disposing of any public utility that might be owned by said city; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That from and after the passage of this Act the inhabitants of the territory now embraced in the territory known as the Town of Empire, in the County of Dodge, hereinafter described, be and they are hereby continued and incorporated under the name and style of the City of Empire and by that name shall be and are hereby vested with all the rights, powers and privileges incident to municipal corporations in this State. Incorporated. Section 2. Be it further enacted that the corporate limits of said city shall be as follows: One-half of one mile in all directions from the center of the crossing of the Southern Railway Company's tracks and the old Wrightsville and Tennille Railroad bed, now known as Georgia Highway No. 257, making said corporate limits a circle one mile in diameter with the center of the intersection of said railroad tracks and Georgia Highway No. 257 as the beginning point, except that no portion within said circle shall include any area or territory located or situated within the County of Bleckley. Corporate limits. Section 3. Said city shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State. All property rights and easements within or without the corporate limits of said city shall be and remain in said City of Empire as created by this Act, and said city may in its corporate name sue or be sued, plead and be impleaded, have and use a common seal, make and enact through its mayor and council such ordinances, bylaws, rules and regulations for the transaction of its business and the welfare and proper government of said city as may seem best, pursuant to this charter, and not in conflict with the Constitution of the United States, the Constitution of the State of Georgia, or the laws hereof. Said city shall have the right and Page 2957 power to purchase, hold, rent, lease, sell or exchange any property, real or personal, within or without the limits of said city and for corporate purposes, and shall succeed to all the rights of and is hereby made responsible as a body corporate for all legal debts, liabilities and undertakings of said City of Empire and its mayor and council as heretofore incorporated. Powers, etc. Section 4. The municipal government of the City of Empire shall consist of and shall be vested in a mayor and four councilmen. Said mayor and councilmen shall have full power and authority to make and establish rules, laws, ordinances, regulations and orders as to them may seem proper respecting drainage, bridges, streets, sidewalks, railroad crossings, automobiles, and vehicles of every character, livery or sales stables, airships, warehouses, sleeping apartments, hotels, motels, restaurants, cafes, opera houses, theatres, picture shows, all kinds of shows and circuses, and all other places of amusement, storehouses, markets, garages, shops, mills, ginneries, factories, barbershops, soda founts, telegraph, telephone, and electric and gas companies, filling stations, business establishments, common carriers, all sales and displays in said city and all other matters and things whatsoever that may be by them considered necessary, proper or incident to good government of said city, and to the peace, security, health, protection or convenience of the inhabitants thereof, and for the preservation of peace and good order; and said mayor and council shall have full power and authority to pass all laws and ordinances necessary to preserve order, suppress crime and immorality in said city, not in conflict with the Constitution and laws of the United States or the State of Georgia, and to prescribe punishment for the commission of different acts of crime and violations of said ordinances. This enumeration of powers shall not be construed as restricted to said powers alone, but shall include all and every other thing and act necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this Act, but shall be construed as in addition to and in aid of such powers. Government. Section 5. The city council at their first regular meeting Page 2958 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 unitl a new mayor is appointed. The mayor pro tem. when so acting shall be known as Acting Mayor. Mayor pro tem. Section 6. The mayor or mayor pro tem. and three councilmen shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine questions before them. Quorum. Section 7. In the event of a vacancy in the office of mayor, by death, resignation, removal or otherwise, said vacancy may be filled by the councilmen, and the person so selected shall be duly qualified to fill such vacancy. In the event of a vacancy in any office of the council, whether by death, resignation, removal or otherwise, said vacancy or vacancies shall be filled by appointment and selection by the mayor and remaining councilmen and the person so elected shall be duly qualified to fill such vacancy. Vacancies. Section 8. Any citizen of Empire 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 (1) 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. Qualification of mayor and councilmen. Section 9. On the second Monday in June 1964, there shall be elected the first mayor and councilmen for said city, said council to consist of four members to serve two years, commencing on the first day of January next after their election, and until their successors are elected and qualified as herein provided. An election for mayor and four councilmen shall be held biennially thereafter on the second Monday in June to serve two years, commencing on Page 2959 the first day of January next after their election, and until their successors are elected and qualified as herein provided. Before entering upon their duties, the mayor and councilmen shall severally take, before some officer authorized to administer oaths under the laws of Georgia, the following oath of office, to-wit: Terms, oaths, etc. I do solemnly swear, or affirm, that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor; so help me God. Said mayor and council shall hold monthly meetings, and may hold special or called meetings, as the business of the city may require, and pass ordinances at said called meetings, provided notice is given to all members of council of the time of said meeting. Section 10. All elections of officers under this charter, and all elections in which any subject or question is submitted to the qualified voters of said city, shall be managed by any three registered voters, who are citizens of said city. Said managers before entering on their duties shall take and subscribe before some officer authorized to administer oaths, or before each other, the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and not prevent anyone from voting who is entitled to do so according to law, and prevent all illegal voting, to the best of our skill and power, so help us God. Elections. Said elections shall be held under the general election laws of this State. The polls shall be opened at 7:00 o'clock a.m. and closed at 6:00 o'clock p.m. The managers of all elections held under this charter shall be appointed by the mayor and council and shall be paid the sum of $5.00 per day, each, out of the general funds in the treasury for their services, and they shall be allowed not exceeding three clerks, who shall be paid a like sum. A majority of the votes cast shall be necessary to elect any officer or to carry any issue submitted to the voters for said city, and the results Page 2960 shall be immediately declared by the election managers after counting all ballots cast on the day of such election. In the event no candidate for the office of mayor or councilmen shall receive a majority of the votes cast in such election, then the clerk of the city shall call a special election to be held within ten (10) days from the date of the original election, and the two persons receiving the highest number of votes for each office shall be required to enter a run-off, and the person receiving the highest number of votes in such run-off shall be deemed to be elected to the position for which he was a candidate. Section 11. 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. Vacancies. Section 12. It shall be the duty of the city clerk to keep open each and very day of the week (except Sundays and legal holidays) until 20 days prior to any regular or special election of said city, a registration book for the registration of qualified voters who have resided in said city for 30 days prior to such election, when said registration book shall be closed until the holding of such election. Immediately after each election the registration book shall again be opened and shall be kept open until 20 days before the next general or special election is held. No person shall be permitted to register after the closing of said book until after such election shall have been held. Said clerk shall, after closing the book, turn over said registration book to the registrars appointed by the mayor and council, who shall meet and make up from said book a list of qualified voters from said city, who are qualified to vote in such election. The registrars shall exclude all persons not qualified to vote for members of the General Assembly of the State, and shall make a voters list from said book of all persons Page 2961 qualified to vote according to the laws of Georgia, and shall complete their work on such voters' list not later than five days prior to such election and certify said list to be true and correct and deliver same to the clerk of said city who shall deliver same to election managers so selected to hold such election by 7:00 o'clock a.m. on the morning of such election, and no person shall be permitted to vote in such election unless his or her name appears on said registration list or unless such voter shall produce a certificate signed by the registrars that his or her name was omitted from said voters' list by mistake or accident. Provided that all persons shall have the right to appeal from the decision of the board of registrars within five days to the mayor and council after their names were stricken from said voters' list, and provided further that all persons whose names are so stricken from said voters' list be served with notice, in person by the city marshal or police, or by leaving same at the residence of said person, at least five days before the completion of said voters' list. Voter registration. Section 13. The mayor and council shall select and appoint three registrars who shall be qualified voters in said city. It shall be their duty to prepare a list of the registered and qualified voters of said city and furnish same to the clerks as heretofore provided. Such registrars shall take and prescribe an oath to faithfully and impartially to perform the duties devolving upon them as registrars; said oath to be taken before an officer authorized to administer oaths, or before each other. They shall be paid the sum of $5.00 each, and not exceeding three clerks, who shall be paid a like sum out of the general funds of the treasury, for their services in compiling said registration list. They shall hold office for such terms as said mayor and council may provide. Registrars. Section 14. The mayor and council shall elect a city clerk and treasurer, a marshal or police, a city attorney, and such officers as the mayor and council shall deem necessary for the government of said city. Each of said officers shall take oaths, perform such duties, and when required, to give such bonds as the mayor and council may prescribe; provided, that all bonds of officers shall be payable to the City of Page 2962 Empire. Said mayor and council may by ordinance provide such salary or compensation of any officer or employee of said city to be paid out of the general funds by check drawn by the city clerk and countersigned by the mayor or mayor pro tem., after the mayor and councilmen have allowed the same. Officers, salaries. The mayor shall receive a salary not to exceed $60.00 per annum; the councilmen shall receive a salary of not more than $12.00 per annum. Section 15. All persons owning property in the City of Empire shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal, subject to taxation by said city, as of January 1st of each year; and the books for recording same shall be opened on January 1st and closed on June 1st of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Tax returns. Section 16. The mayor and council of said city shall appoint annually, on or before their first regular meeting in March, three freeholders residing in said city, as a board of tax assessors to said city, and shall pay said tax assessors $5.00 per day each, for each day actually spent in the performance of their duties. Vacancies on said board may be filled by the mayor and council as they occur. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be their duty to assess the value of real estate and personal property subject to taxation by said city at its fair market value; and to examine the tax returns filed by the property owners of said city with the city clerk, and to increase the valuation of any real or personal property when in their judgment the value placed thereon in any return filed with the city clerk is too small. If any person, firm or corporation fails to make return of any of his, her, or its real estate or personal property as herein required, by the first day of June in any year, said tax assessors may assess such property of the person, firm or corporation failing to make such return, at the fair market Page 2963 value thereof, and in addition assess a penalty thereon of 10% of the amount of the tax. Said board of tax assessors shall complete their work within 30 days after the close of the books for receiving returns by the city clerk, unless additional time is granted by the mayor and council. Upon completion of their work, said assessors shall appoint a time and a place for the hearing of objections to their assessments, and shall give notice to all persons whose property valuation has been raised or penalized five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served by mailing notice to them five days before said hearing and non-residents shall be given notice by mail at their known address. Tax assessors. Section 17. The board of tax assessors of the City of Empire may, subject to the approval of the governing authorities of said municipality, enter into contracts with firms, individuals or corporations for the employment of such persons to assist the said board in the mapping, platting, cataloging, indexing and appraising of taxable properties in the municipality, and to make, subject to the approval of such board of assessors, re-evaluations of taxable property and to search out and appraise unreturned properties in such municipality or to purchase such information from any county or political subdivision of the State of Georgia. The expense of such employees in said work shall be paid, subject to the contracts, first being approved by the municipality governing authority, out of the treasury of the City of Empire as a part of the said board. Same. Section 18. Any person dissatisfied with the assessment made on any of his property under the provisions of this charter shall have the right to appeal from the same to the mayor and council of said city, provided, said appeal be filed in writing with the clerk of said city within five days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which the same has been assessed, and the fair market value as claimed by the appellant. Said appeal shall be heard by said mayor and council at their Page 2964 next regular meeting, unless continued for cause, and their decision shall be final. The mayor and council of said city shall have power and authority, after notice and opportunity for the tax assessor to be heard, to raise the valuation of any property, real or personal, or any tax assessors, if in their opinion it is returned and assessed below its fair market value. Appeals. Section 19. The tax book so made up by said board of tax assessors shall be filed by them in the office of the clerk of said city when completed, and remain open for the payment of taxes due said city every day in the week (except Sundays and legal holidays) and shall be closed on December 20th each year. At such time, tax executions may be issued by said city clerk for all unpaid taxes as of that date, against the person, firm or corporation owing said tax. All tax executions shall bear teste in the name of the mayor or mayor pro tem. of said city and be signed by the clerk. The marshal or other police officer of said city shall have authority to execute the same by levy and sale in the same manner as sheriffs' sales of real estate, and constables' sales of personal property under the laws of this State for State and county taxes. In case of the sale of real estate the owner shall have the privilege of redeeming same upon the same terms as provided by law for redemption of the sale of lands for non-payment of State and county taxes under the laws of Georgia. The city clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings thereunder. Said executions shall be returned to the office of said clerk after being satisfied. All sales and conveyances made under executions, as provided in this Section, shall have the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sale shall have the same power as sheriffs and constables to put purchasers in possession of property sold by them under the laws of this State. Tax executions, etc. Section 20. The mayor and councilmen of the City of Empire shall have the right, power and authority to assess, levy and collect a tax upon all property, real and personal, Page 2965 within the corporate limits of said city, not to exceed one mill ad valorem, for the support and maintenance of the government of the City of Empire, and for the retirement of any bonds for said city. In case of extraordinary emergency, the mayor and councilmen shall have power and authority to increase said tax rate one-half mill ad valorem, on all property, both real and personal, in the corporate limits of the City of Empire. The tax rate of one and one-half mills ad valorem on all property, both real and personal, in the corporate limits of the City of Empire shall not be increased unless first approved by a majority vote of the electors of said City of Empire at a special referendum called for the purpose of raising or increasing the ad valorem tax rate of the City of Empire. In the event of failure to receive a majority vote of the electorate of the City of Empire, no special referendum to raise or increase the tax rate of the City of Empire shall again be called until the expiration of two years. Ad valorem tax. Section 21. The mayor and council shall have the authority to require any person, firm or corporation, whether resident or non-resident of said city, engaged in or carrying on, or who may engage in or carry on any trade, business, calling, vocation or profession within the corporate limits of said city, by themselves, or agents, to register their names and business, callings, vocations, or professions, annually, and to require them to pay a license to engage in, prosecute or carry on such business, calling, vocation or profession in such amount as said mayor and council may by ordinance prescribe and may provide by ordinance for the punishment of all persons, firms or corporations required by ordinance to pay such occupation tax or license, who engage in, or offer to engage in such business, occupation or profession before registering and paying such tax or license, or who fail to comply in full with all the requirements of such ordinances. Business licenses. The mayor and council shall have the power to assess, levy and collect a specific or occupation tax upon all businesses, occupations, professions or trades, public or private, exercised within the city that they may deem just and proper; to fix and collect a license upon theatrical exhibitions, Page 2966 circuses and shows of all kinds, upon drays, hacks, hotels, motels, boarding houses, restaurants, markets, stores, fish stands, billiard rooms and other kinds of tables, tenpin alleys, bowling alleys, butcher shops, garages, drug stores, and upon all other classes or kinds of business, legitimately coming within the police power of said City of Empire as may be just and reasonable, and to fix and collect a specific or occupation tax upon the agency of any railroad express, telegraph or telephone or electric light company, or other similar corporation. The taxing power of the city, except as limited by the law, shall be as general and full and complete as that of the State itself. Section 22. The City of Empire is authorized to own and operate or lease a system of water works for supplying water for all purposes for all persons resident therein, and to other persons provided for herein; they shall have the power and authority to purchase, maintain, equip, repair and extend such system of waterworks, sewerage, gas systems, all or any of them and shall have full power to do any and all things necessary for these purposes; to contract with persons, firms and corporations for the purchase of land to be used in connection therewith, whether within or without the limits of the City of Empire, whether said land or easements be within or without said city, and, if necessary, to condemn the same herein provided according to the laws of Georgia; they shall have the power to purchase water tanks, valves, drains, mains, pipes, plants and machinery and all articles and things necessary or advisable for the establishment, equipment, and extension or enlarging and in any way improving such water system, sewer or gas system, to bore wells, erect or build plants, houses, sheds or other structures and furnish the same, and to make contracts with the residents or non-residents of said city, or other municipalities or companies for furnishing water, gas, sewerage, or any or all such services, at such rates and under such rules and regulations as the mayor and council may provide. Said mayor and council shall also have the power to contract with any person, firm or corporation to light the streets of said city, or the furnishing of any or all of the above described services to such consumers as previously described, under such terms, rules, regulations, Page 2967 conditions and limitations as they may prescribe, and such contracts shall be enforceable in the courts of the State. Said mayor and council shall have authority to fix a scale of rates for such services, make and enforce rules for collection of taxes; adopt rules and regulations with the introduction of water, sewerage, gas, into or upon any premises, and regulate the use of such services in the manner deemed proper; and shall have power to furnish, place or compel the use of meters, and prescribe the kind, make and use of same on the condition of furnishing such services, and through their agents or servants to inspect all pipes, meters and other apparatus at any time, and may require payment in advance for the use or rent of water, sewerage, gas, or other services so furnished by the city. For non-payment, when due, they may discontinue to furnish such services. Collection for any or all such services may be enforced by issuance of execution, levy and sale, as provided for collection of city tax. Utilities. Section 23. The mayor and council shall have power and authority to enforce by execution the collection of any debt or claim due said city for taxes, sewer rents, water, lights, paving, licenses, rents, fines and forfeitures, laying water or sewer mains or drains, for abating nuisances and for all levies, assessments, debts and demands due said city. Said execution shall be made in the name of the mayor or mayor pro tem. and directed to the marshal or police of said city, who is authorized to levy and conduct sales in accordance with the laws governing sheriffs' sales, and to be held at the usual place of holding sheriffs' sales, and shall be as effective to pass the title as the deed of the person against whom the execution issued. Said city may buy property sold under execution under the same terms and provisions as is provided in the purchases by counties and the State of Georgia in tax sales. Executions. Section 24. The City of Empire shall have a police court. This court shall have jurisdiction over all violations of the ordinances or resolutions of the mayor and council whether they shall have the mayor as presiding officer of this court or whether they will elect a recorder and make him the presiding officer of the court. Power and authority is hereby Page 2968 given to the mayor and council to elect a recorder for such duty if they desire. The presiding officer of the police court shall have jurisdiction and authority to try all offenders against the laws and ordinances of the City of Empire, and to punish for violations of same. Said court shall have power to enforce its judgments by the imposition of penalties as may be provided by law; to punish witnesses for non-attendance; and also to punish by imposing fines for violations of any law or ordinance of the City of Empire, passed in accordance with its charter, to an amount not exceeding one hundred dollars, or to imprison offenders in the common jail for a period of not more than ninety days, or sentence such violators to labor on the streets or other public works of the city, either or all, in the discretion of the court. The presiding officer of the police court shall have power to preserve order in the court, compel attendance of witnesses, compel the production of books and papers to be used as evidence, and to punish for contempt; provided said punishment shall not exceed twenty-five dollars, or imprisonment in the common jail for more than ten days or not more than ten days labor on the streets or public works. Police court. The recorder, the mayor, the mayor pro tem., or any member of council, presiding in the absence of the above named officers, when any person is arraigned before the police court charged with the violation of any ordinance of said city, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance, at the time appointed for trial, or be imprisoned to await trial. If such bond be given and the accused fails to appear at the time fixed for trial, the bond may be forfeited by the presiding officer and an execution issued thereon by serving the defendant, if to be found, and his sureties, with a rule nisi, at least two days before the hearing of the said rule nisi. The presiding officer shall also have power and authority to accept cash in lieu of bond and security for the appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order Page 2969 of the officer presiding declared forfeited to the City of Empire. Section 25. Any person convicted before the presiding officer of the police court of the City of Empire shall have the right to certiorari to the Superior Court of Dodge County, Georgia, provided all costs are first paid and bond and securities given in double the amount of the fine imposed, to answer the final judgment rendered in the case; and provided further nothing in this Section shall prevent the defendant to file the usual pauper affidavit in lieu of either giving bond and security and the payment of costs, and provided further the appellant failing to give bond and security may, in the discretion of the presiding officer in said police court, be placed in the common jail of said county to await the final judgment of the appeal herein provided for. Nothing in this Section shall be construed to prevent any person convicted of a violation of any ordinance of said city before said police court from certioraring the proceedings directly to the superior court in all cases where certiorari will lie from the judgment of the justice of the peace in civil actions under the rules of law governing such cases. Certiorari. Section 26. The mayor or recorder, whichever presides in police court, shall be to all intents and purposes a justice of the peace so as to enable him to issue warrants of offenses committed within the corporate limits of said city, which warrant may be executed by the city marshal or policeman of said city anywhere within the limits of this State, against any person charged with violations of laws and ordinances of said city, or the laws of this State to the same extent as sheriffs of this State. In the absence of the mayor, mayor pro tem. or recorder, any member of council may preside in police court, try any person for violation of the ordinances of said city, and impose punishment within the limits prescribed by laws and ordinances of said city, and also may act as justice of peace in issuing warrants as provided herein against persons charged with the violation of any ordinance of said city, or the laws of this State. The city marshal or policeman may take bonds for the appearance of any person arrested by them for appearance before the police court for trial, and all such bonds Page 2970 may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor, mayor pro tem., recorder, or any members of the council presiding at the police court in the absence of either of the above named officials. Warrants. The mayor shall be authorized to preside over the police court in the event no recorder is appointed by the mayor and council. In the event a recorder is appointed by the mayor and council, then in the absence of such recorder, the mayor shall preside over the police court, and in the absence of the recorder and the mayor, then the mayor pro tem. shall serve. In the absence of the recorder, the mayor, and the mayor pro tem., any member of council shall be authorized to preside over and conduct the police court of the City of Empire. Section 27. The mayor and council shall have the power to pass all laws and ordinances that they deem necessary for the good order, peace, health and comfort of the citizens of said city, and to prevent idleness and loitering, and to suppress lewdness, gambling, disorderly conduct, and to regulate the storing of all combustible or explosive material or substances, and to prevent the firing of guns, pistols and other firearms within the limits of said city, except in defense of person or habitation, or the destruction of mad dogs or other public enemies. Ordinances. The mayor and council shall have the power to prevent livestock and other animals from running at large in said city, and to enforce same may enact ordinances to prevent keeping of hogs, poultry and other farm animals within the limits of said city, except those areas having farm acreage within the city limits shall not be affected by any ordinance preventing the keeping of livestock. The mayor and council shall have authority to regulate any railroad company running railroads through said city, or any portion of it, to make and repair grade crossings on their several railroads in accordance with the general law of the State. Section 28. The mayor and council of the City of Empire shall have full control over the streets, sidewalks, alleys Page 2971 and lanes of said city, and shall have full power and authority to regulate, widen, change, lay out, close, vacate, direct and control the same, and the grading of the same, and to condemn property for such purposes under the general laws of this State. They shall also have power to remove or cause to be removed, any building, post, steps, fence or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or public squares of said city. They shall also have the power to regulate the use of the streets, sidewalks, and public places of said city; and where any telegraph, telephone or power poles have previously been erected and interfere with traffic in any manner, to remove same to any reasonable location designated by said mayor and council. Streets, etc. Section 29. The mayor and council shall have the power to improve any streets, sidewalks, parks or other public place in said city by grading, paving, repaving, curbing, guttering, macadamizing and draining the same, and with such other form of improvement as to them may seem proper, including the installation of manholes, catch-basins, and drainage pipes and to assess the cost of the same in the manner hereinafter set forth. Same. Section 30. Two-thirds of the total cost of grading, paving, repaving or improving a street or sidewalk or any portion thereof in said city shall be assessed against the owners of the property abutting on said street or sidewalk or portion thereof so graded or paved, repaved or improved or re-improved, and the other one-third of such cost shall be paid by said city. All real estate owned by any other subdivision or political unit of this State shall be subject to assessment for street or sidewalk improvements. The mayor and council shall have authority to enact ordinances and regulations for the purpose of paving, repaving, improving and re-improving of streets and sidewalks, curbs and gutters, and drains and manholes; also to provide for the manner of assessments and the procedure to enforce same. Street, etc. improvements. Section 31. The mayor and council shall have power to condemn property for the purpose of laying out new streets and alleys and for widening, straightening and grading, or Page 2972 in any way changing the street lines and sidewalks of said city, whether the lands to be condemned is in the hands of owner, trustee, administrator, guardian or agent in the manner provided by Section 36-301 and 36-307, inclusive, of the Georgia Code, and all Acts amendatory thereof. Eminent domain. Section 32. The mayor and council shall be vested with full authority to condemn property within or without the limits of said city necessary for public purposes, in accordance with the method of procedure of condemnation of property provided by the laws of Georgia. Provided, however, that the power to condemn property conferred hereunder shall not extend to such property of any public utility which the utility could have acquired under its power to condemn. Same. Section 33. The mayor and council shall have power to control and regulate the running and operation of all automobiles, trucks, busses, locomotives, trains and all vehicles of every kind, including airplanes, and the manner of their operations, for the safety of persons and property within the limits of said city, as to speed or otherwise, and to provide for the punishment of violation of such ordinances, and to adopt ordinances for these purposes. Automobiles, etc. Section 34. The mayor and council shall have the authority to pass and enforce zoning laws and districts and planning laws with respect to said city, and shall have power to regulate the use for which said zones or districts may be set apart, fixed and established, as the mayor and council may deem best suited in the interest of the public health, safety, comfort, prosperity and general welfare of the inhabitants of said city. Zoning. Section 35. The mayor and council shall have the right to grant franchises, easements and rights-of-way over, in, under, and on the public streets, parks, or other public places on such terms and for such time as they deem best. Franchises. Section 36. The mayor and council may provide by ordinance for a board of health to consist of such number, to hold office such length of time, and to have such powers and duties as they may provide. Board of health. Page 2973 Section 37. The mayor and council of said city are empowered to provide by ordinance for the regulation of public meetings and public speakings in the streets and public squares of said city. Meetings. Section 38. The mayor and council may by ordinance declare what shall constitute a nuisance in said city and provide for the abatement of same. Nuisances. Section 39. The City of Empire shall obtain all necessary equipment and buildings necessary for adequate protection for all property within said corporate limits as soon as practical after the passage of this Act, and the mayor and council shall adopt rules and regulations of the said Empire Fire Department as will best promote the object and purpose of protecting property from fires. Fire department. Section 40. The mayor and council are hereby empowered and given full authority to acquire, own, or lease lands or any interest in same, either within or without the limits of the city, for any legitimate municipal purpose. All lands owned or leased hereunder, shall have police jurisdiction over same by the police force of the City of Empire. Police jurisdiction, etc. Section 41. No officer of the police force of the City of Empire shall have authority to arrest any person except for offenses committed within the limits of the City of Empire except upon the warrants issued by the mayor or some member of council when said arrest may be made at any point within the State of Georgia; said officer of the police force of the City of Empire may act as deputy sheriff during his tenure of office as a police officer of said city. Police. Section 42. It shall be unlawful for any member of council or mayor to be interested, directly or indirectly, in any contract with the City of Empire. Any violation of this section by any member of council or the mayor, shall, on conviction thereof, be punished as prescribed in Section 27-2506 of the Code of Georgia of 1933. Crimes. Section 43. The City of Empire shall have the power and authority to annex to its limits contiguous territory in Page 2974 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 44. The City of Empire, by and through its mayor and council, shall have all the powers and authority to do all the things and acts authorized by an Act approved March 31, 1937, (Ga. L. 1937, p. 761, as amended, which relates to and authorizes the issuance of revenue anticipation certificates by cities, towns and municipalities. Bonds. Section 45. 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 three 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 three 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 Empire 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 Empire general election, in addition to the names of those persons having in due course registered since January 1st of the particular year. Three or more councilmen of the City of Empire 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 councilmen. The ballots to be used in said special election, in addition to the usual 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: Suspension, etc. of mayor and councilmen, recall. () For the removal offrom the office Page 2975 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 Empire, 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. Section 46. 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 section, 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 47. 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 Dodge County, Georgia, to issue the call for an election for the purpose of submitting this Act to the voters who are qualified voters of Dodge County, Georgia, and reside within the proposed limits of the City of Empire. The ordinary shall issue the call for such election not less than 25, nor more than 30 days before the date of the election. The ordinary shall advertise the same at least 20 days immediately preceding the election by posting typewritten or printed copies of this Act in two public places in the proposed limits of the City of Empire, and a copy shall be kept during such period at the office of George F. Holland, Justice of the Peace, in and for the 1455th Militia District, whose office is located in the Empire Precinct Courthouse. Page 2976 In addition thereto, the ordinary shall cause the date and purpose of the election to be published once a week for two weeks, immediately preceding the date thereof, in the official organ of Dodge County. The ballot shall have written or printed thereon the words: For approval of the Act amending, revising and superseding the Act incorporating the Town of Empire so as to create a new charter for said corporation under the name and style of the City of Empire and to provide the procedure connected therewith. Referendum. Against approval of the Act amending, revising and superseding the Act incorporating the Town of Empire so as to create a new charter for said corporation under the name and style of the City of Empire and to provide the procedure connected therewith. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of the votes cast on such question are for approval of the Act, it shall become of full force and effect. If less than a majority of the votes cast on such question are for approval of the Act, it shall be void and of no force and effect. Only one election may be held under this provision, and the result thereof shall be final. The expense of such election shall be borne by the Commission of Roads and Revenues, Dodge County, Georgia. It shall be the duty of the ordinary to hold and conduct such election and to name the necessary clerks to assist him in said election. It shall be the duty of the ordinary and his clerks so chosen to canvass the returns and declare and certify the results of the election to the Secretary of State for the State of Georgia. Section 48. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Dodge County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. S. Stuckey, who, on oath, deposes and says that he is Representative from Page 2977 Dodge County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Journal, which is the official organ of said county, on the following dates: January 22nd, 29th and February 5th, 1964. /s/ W. S. Stuckey Representative Dodge County, Georgia Sworn to and subscribed before me, this 12th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Certificate. I, W. S. Stuckey, Sr., Dodge County State Representative, do hereby certify that I am the author of the foregoing Bill to incorporate the City of Empire, Georgia. I do further certify that no part of the proposed corporate boundary for said city is less than three (3) miles distant from the corporate boundary of any existing municipality. I further certify that the minimum population of the area embraced within the proposed municipal boundary is a total resident population of at least two hundred (200) persons and that there is an average resident population of at least two hundred (200) persons per square mile for the total area. I further certify that the area embraced within the proposed municipal boundary is so developed that at least sixty per cent (60%) of the total number of lots and tracts in the area at the time of incorporation are useful for residential, commercial, industrial, institutional or governmental purposes, and is subdivided into lots and tracts such that at least sixty per cent (60%) of the total acreage Page 2978 consists of lots and tracts five (5) acres or less in size. This certificate is being executed pursuant to the requirements of chapter 69, section 1401 et seq., Ga. Code Annotated. This the 5th day of February 1964. /s/ W. S. Stuckey, Sr. State Representative, Dodge County Georgia, Dodge County. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the Township of Empire intends to apply for the passage of local legislation at the present session of the General Assembly of Georgia to amend, revise and create a new charter for the Township of Empire, and for other purposes. This, the 22nd day of January, 1964. /s/ Milton Harrison Attorney for the citizens of the Township of Empire Approved March 11, 1964. FULTON COUNTYEMPLOYEES' PENSION SYSTEM ACT AMENDED. No. 912 (House Bill No. 1227). An Act to amend the Act approved March 3, 1939, (Ga. L. 1939, p. 571, et seq.) and the Acts amendatory thereto as amended by the Act of 1963, (Ga. L. 1963, p. 2462, 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 Page 2979 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, so as to provide increased pensions for certain officials and employees; to increase the amount of payments to be made by such officers and employees into the pension fund; to provide that any employee who is otherwise entitled to claim credit for prior years of service, not to exceed a total of ten years, with certain named subdivisions of government under said Act as amended by the Act of 1963, (Ga. L. 1963, p. 2462, et seq.) and who does not elect to participate in the said 1963 amendment by July 1, 1964, shall not, in a subsequent election to participate be credited for such years of service unless he pays to the Fulton County Employees' Pension Board, in addition to all other sums required by the Act, a sum representing 12% of his total salary as an employee of said subdivision of government for the years for which he is seeking credit; to provide that the commissioners in Fulton County shall not be required to match any part of said additional contributions; 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.) and the Acts amendatory thereto as amended by the Act approved March 21, 1963, (Ga. L. 1963, p. 2462, et seq.) be and the same is further amended as follows: Section 1. By striking from subsection (d) of section 1 of said 1963 amendment (Ga. L. 1963, p. 2462, et seq.) the following: the sum of $400.00 per month, or Section 2. By striking from subsection (f) of section 1 of said 1963 amendment (Ga. L. 1963, p. 2462, et seq.) the following: and up to $1,000.00. No deduction shall be made above Page 2980 $1,000.00 salary Section 3. By striking from subsection (g) of section 1 of said 1963 amendment (Ga. L. 1963, p. 2462, et seq.) the following: up to a maximum monthly salary of $1,000.00 Section 4. A new subsection designated as subsection K shall be added to section 1 of the said 1963 amendment (Ga. L. 1963, p. 2462, et seq.) immediately following subsection J which when added shall read as follows: Any employee who is otherwise entitled to claim credit for prior years of service, not to exceed a total of ten years, with certain named subdivisions of government under this Act who does not elect to participate in the said 1963 amendment by July 1, 1964, shall not in a subsequent election to participate be credited for such years of service unless he pays to the Fulton County Employees' Pension Board, in addition to all other sums required by the Act, a sum representing 12% of his total salary as an employee of said subdivision of government for the years for which he is seeking credit. The Fulton County Commissioners shall not be required to match any part of the said sum. Section 5. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 6. 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. Page 2981 Before me, the undersigned, a notary public, this day personally came Frank Kempon, 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 27th day of December, 1963, and on the 3rd, 10th, 17th, 24th 31st days of January, 1964 and on the 7th day of February, 1964 as provided by law. /s/ Frank Kempton Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to introduce at the next Session of the General Assembly of Georgia, which convenes on January 13, 1964, legislation to amend the Act approved March 3, 1939, (Ga. L. 1939, p. 571) 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. This December 27th, 1963. /s/ Harold Sheats County Attorney Subscribed and sworn to before me, this 11th day of February, 1964. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission Expires Oct. 18, 1967. (Seal). Approved March 11, 1964. Page 2982 POLK COUNTYFLOOD CONTROL, ETC. No. 916 (Senate Bill No. 302). An Act to confer upon Polk County the right to condemn private property and all rights therein for the purpose of small watershed projects and for watershed protection and flood control; to provide for public parks and public recreational facilities to be developed in connection with the development or construction of any such project; to provide for the ways of ingress and egress to and from such projects; to provide for certain procedures in condemnation; to provide that the condemnor shall be required to condemn the fee simple title to all land not otherwise acquired which will be covered by permanent ponding or permanent flooding; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Polk County is hereby granted the right and power of eminent domain for the purpose of taking and acquiring, by condemnation, necessary easements, land, property rights, and franchises to enable the County to institute and to accomplish the completion of small watershed projects and for works of improvement for watersheds and for watershed protection and flood control and flood prevention under any applicable act of the State of Georgia, or of the United States. Eminent domain. Section 2. Polk County is further granted the right and power of eminent domain for the purpose of taking and acquiring, by condemnation, necessary easements, land, property rights, and franchises for certain public parks, playgrounds, recreation centers or other recreational facilities, to be developed in connection with the development or construction of any such small watershed project or any such project for watershed protection or flood control and flood prevention or for works of improvements for watershed. Section 3. Polk County is further granted the right and power of eminent domain for the purpose of taking Page 2983 and acquiring, by condemnation, necessary easements, land, and property rights and franchises to allow for ways of ingress thereto, and egress therefrom, of any and all such watershed projects, improvement of watershed projects, watershed protection and flood control and flood prevention, and public parks, playgrounds, recreation centers, or other recreational facilities. Section 4. For the purpose of instituting and accomplishing the completion of small watershed projects and for the works of improvement for watersheds and for watershed protection and flood control and flood prevention, under any applicable act of the State and the United States, and for public parks, playgrounds, recreational facilities, and for ways of ingress thereto and egress therefrom, to be developed in connection with the development or construction of any such small watershed project or any such project for watershed or flood control, and flood prevention or for works of improvement for watersheds, Polk County may proceed to condemn said necessary land and rights therein and franchises in accordance with the procedures or any of them set forth by the pertinent eminent domain statutes of this State and in accordance with all existing laws applicable to the condemnation of private property for public use, including but not limited to, Ga. Laws 1957, p. 387, et seq., codified in Ga. Code Ann., Ch. 36-6A, the provisions of which, together with all other provisions of law applicable to condemnation of private property of any interest therein for public use, shall be available to Polk County in any proceeding brought to exercise the right and power of eminent domain granted by this Act, to acquire the easements, land and property rights and franchises necessary. Section 5. In any such proceeding, the condemnor shall be required to condemn the fee simple title to all land not otherwise acquired which will be covered by permanent ponding or permanent flooding. 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, Page 2984 clauses or phrases of this Act, which shall remain of full force and affect, 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 7. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 11, 1964. CITY OF CEDARTOWNPRIMARY ELECTIONS. No. 917 (Senate Bill No. 303). An Act to amend an Act establishing a new charter for the City of Cedartown approved March 29, 1937 (Ga. L. 1937, p. 1595), an Act approved March 12, 1937 (Ga. L. 1937, p. 1670), an Act approved December 27, 1937 (Ga. L. 1937-38 Ex. Sess., p. 1042), an Act approved February 12, 1945 (Ga. L. 1945, p. 620), an Act approved January 30, 1946 (Ga. L. 1946, p. 413), an Act approved March 26, 1947 (Ga. L. 1947, p. 708), an Act approved March 28, 1947 (Ga. L. 1947, p. 1386), an Act approved February 25, 1949 (Ga. L. 1949, p. 1304), an Act approved February 17, 1950 (Ga. L. 1950, p. 2869), an Act approved February 12, 1951 (Ga. L. 1951, p. 2329), an Act approved February 13, 1956 (Ga. L. 1956, p. 2065), an Act approved February 13, 1956 (Ga. L. 1956, p. 2319), an Act approved March 13, 1957 (Ga. L. 1957, p. 531), an Act approved March 13, 1957 (Ga. L. 1957, p. 571), an Act approved February 15, 1957 (Ga. L. 1957, p. 2185, an Act approved March 17, 1958 (Ga. L. 1958, p. 2571), an Act approved March 9, 1959 (Ga. L. 1959, p. 2171), an Act approved February 16, 1960 (Ga. L. 1960, p. 2111), an Page 2985 Act approved February 16, 1960 (Ga. L. 1960, p. 2116), an Act approved April 5, 1961 (Ga. L. 1961, p. 3246), and an Act approved February 26, 1962 (Ga. L. 1962, p. 2215), so as to provide that the City of Cedartown shall not defray the expense of primary elections; 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 Cedartown approved March 29, 1937 (Ga. L. 1937, p. 1595), an Act approved March 12, 1937 (Ga. L. 1937, p. 1670), an Act approved December 27, 1937 (Ga. L. 1937-38 Ex. Sess., p. 1042), an Act approved February 12, 1945 (Ga. L. 1945, p. 620), an Act approved January 30, 1946 (Ga. L. 1946, p. 413), an Act approved March 26, 1947 (Ga. L. 1947, p. 708), an Act approved March 28, 1947 (Ga. L. 1947, p. 1386), an Act approved February 25, 1949 (Ga. L. 1949, p. 1304), an Act approved February 17, 1950 (Ga. L. 1950, p. 2869), an Act approved February 12, 1951 (Ga. L. 1951, p. 2329), an Act approved February 13, 1956 (Ga. L. 1956, p. 2065), an Act approved February 13, 1956 (Ga. L. 1956, p. 2319), an Act approved March 13, 1957 (Ga. L. 1957, p. 531), an Act approved March 13, 1957 (Ga. L. 1957, p. 571), an Act approved February 15, 1957 (Ga. L. 1957, p. 2185), an Act approved March 17, 1958 (Ga. L. 1958, p. 2571), an Act approved March 9, 1959 (Ga. L. 1959, p. 2171), an Act approved February 16, 1960 (Ga. L. 1960, p. 2111), an Act approved February 16, 1960 (Ga. L. 1960, p. 2116), an Act approved April 5, 1961 (Ga. L. 1961, p. 3246), and an Act approved February 26, 1962 (Ga. L. 1962, p. 2215), is hereby amended by inserting in the last sentence of section 16, between the words shall and defray the word not, and further by striking from the last sentence of section 16, the words the legitimate, and inserting in lieu thereof the word any so that when so amended, section 16 shall read as follows: Section 16. Be it further enacted by the authority aforesaid, that any party or political organization may hold a primary election for the nomination of candidates, or the expression of party policy, for any general or special Page 2986 election, provided such primary shall be held in accordance with laws of the State and of this charter for general elections, insofar as same are applicable. Provided, however, that any party or political organization desiring to enter candidates for any elective office in the general election herein provided for, shall hold said primary under the same rules and regulations herein provided for the general election, which said primary shall be held by all parties or political organizations on the third Tuesday in November in the year said general elections are held. It is further provided, that only the nominees of said party or political organizations who have been nominated in said primary, shall be voted for in said general elections, unless the names of other candidates have been filed with the secretary of the city commission at least ten (10) days before the date of said general election. Provided further, that the City of Cedartown shall not defray any expenses of said primary elections. 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 11, 1964. CITY OF HAPEVILLESEWER TAX. No. 919 (Senate Bill No. 317). An Act to amend an Act approved September 16, 1891, entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes and the several Acts amendatory thereof, so as to provide additional taxing power in the form of a sewer tax for the City of Hapeville. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved September 16, 1891, entitled An Act to incorporate the City of Hapeville, Georgia, and for other Page 2987 purposes, and the several acts amendatory thereof, be and the same are hereby amended as follows: Section 1. Notices of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisement for this locality is published, namely, The Fulton County Daily Report, once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this 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. That the charter as amended of the City of Hapeville be and the same hereby is amended by adding the following additional taxing powers to the City of Hapeville under Article VI of said charter to be incorporated in the Hapeville City code as section 88-A as follows: Notwithstanding other powers, limitations and restrictions provided and imposed by this charter, the City of Hapeville shall from the year 1964 forward have the right, power and authority at such time as the governing body deems it appropriate, to levy and assess a sewer tax against all owners of property in the City of Hapeville using the sewer line and facilities of Hapeville. This tax shall be limited to $25.00 per year per unit of property so taxed. The primary purpose of this tax and use of the funds derived therefrom shall be to install and maintain adequate sewer facilities, including the drainage of surface water, but it shall not be necessary that the city restrict the use of such funds solely and exclusively to these purposes. Section 3. That all laws or parts of laws in conflict herewith are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 11, 1964. Page 2988 CITY OF ALPHARETTACORPORATE LIMITS, REFERENDUM. No. 920 (Senate Bill No. 329). An Act to amend an Act creating a new charter for the City of Alpharetta, approved March 3, 1961 (Ga. L. 1961, p. 2127), so as to change the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Alpharetta, approved March 3, 1961 (Ga. L. 1961, p. 2127), 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 Alpharetta shall include all of the territory and inhabitants embraced in the following described area; The following land lot numbers shall be within the corporate limits of the City of Alpharetta, Georgia; land lot nos. 597, 600, 645, 647, 648, 693, 694, 695, 696, 697, 698, 699, 747, 748, 749, 750, 801, and 802 of the 1st district and 2nd section, also 1110, 1122, 1123, 1124, 1109, 1125, 1126, 1178, 1179, 1180, 1181, 1182, 1183, 1194, 1195, 1196, 1197, 1198, 1199, 1249, 1250, 1251, 1252, 1253, 1254, 1255, 1266, 1267, 1268, 1269, 1270, 1271, 1272, and part of land lot 1111 of the 2nd district and 2nd section of formerly Milton, now Fulton County, and more particularly described as follows: Corporate limits. Beginning at the northwest corner of land lot 1122 and running thence north 420 feet more or less, thence east 1320 feet more or less to the east line of said land lot 1111, thence south along east side of said lot 1111 to the northeast corner of land lot 1122, thence west along the north line of land lot 1122, 1320 feet more or less to the northwest corner of land lot 1122 and point of beginning. Page 2989 Section 2. 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 governing authority of the City of Alpharetta to issue the call for an election for the purpose of submitting this Act to the voters of the area proposed to be annexed for approval or rejection. The governing authority 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 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 the City of Alpharetta. The ballot shall have written or printed thereon the words: For approval of the Act to change the corporate limits of the City of Alpharetta. Referendum. Against approval of the Act to change the corporate limits of the City of Alpharetta. 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 more than one-half 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 Alpharetta. It shall be the duty of the governing authority to hold and conduct such election. It shall hold such election under the same laws and rules and regulations as govern general elections, except as otherwise provided herein. It shall be the duty of the governing authority to canvass the returns and declare and certify the result of the election. It shall be its further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 11, 1964. Page 2990 CITY OF COLLEGE PARKCORPORATE LIMITS. No. 921 (Senate Bill No. 334). 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. An Act establishing a new charter for the City of College Park, Georgia, approved December 16, 1895 (Ga. L. 1895, p. 254 et seq.) is hereby amended by extending the city limits of the City of College Park, Georgia, to embrace the territory and inhabitants of the following described area: All that tract or parcel of land lying and being in land lot 194 of the 14th district of Fulton County, Georgia, being more particularly described as follows: Beginning at the point on the south line of said land lot where said land lot is intersected by the present College Park city limit line, which said point is also the point where the south line of said land lot is intersected by the east line of Brooks Street (an unopened street); thence north along the east line of said Brooks Street to the southeast side of Washington Road; thence southwesterly along the southeast side of Washington Road 40 feet more or less to the west line of said Brooks Street (an unopened street); thence south along the west line of said Brooks Street to the south line of said land lot 194; thence east along the south line of said land lot, 40 feet to the beginning point; said property being all that property which is encompassed within the right-of-way of Brooks Street (an unopened street) the east line of which said street, prior to the adoption of this act was the city limit line of the City of College Park, the Page 2991 purpose of this Act being to annex to said city said Brooks Street. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 11, 1964. CHATTOOGA COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 934 (House Bill No. 11). An Act to place the clerk of the superior court of Chattooga County on a salary in lieu of the fee system of compensation; to provide for employees of the clerk's office; to provide for their compensation; to provide for the equipping and supplying of the office of the clerk of the superior court of Chattooga County; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the clerk of the superior court of Chattooga County is hereby placed on a salary basis in lieu of a fee basis. The clerk shall be compensated in the amount of nine thousand dollars ($9,000.00) per annum, to be paid in equal monthly installments, from the funds of Chattooga County. Such compensation shall be paid in lieu of all fees, costs, 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, 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 Chattooga County, and shall be the property of Chattooga County. Such funds shall be held as public funds, belonging to Chattooga County, and shall be Page 2992 accounted for and paid to the fiscal authority of Chattooga County by the fifteenth day of every month for the immediately preceding month. Salary, etc. Section 2. The clerk is hereby authorized to appoint a deputy clerk to assist him in the performance of his duties and to fix the compensation of such deputy clerk at not more than thirty-six hundred dollars ($3,600.00) per annum, which compensation shall be paid in equal monthly installments from the funds of Chattooga County. The clerk is hereby authorized to employ additional help and fix the compensation therefor, but such compensation shall not exceed eighteen hundred dollars ($1,800.00) per annum which shall be paid in equal monthly installments from the funds of Chattooga County. Deputy clerk, etc. Section 3. The clerk of Chattooga County shall prepare and submit in writing to the commissioner of roads and revenues of Chattooga County, an itemization of such supplies and equipment as are from time to time needed to efficiently run the office of clerk of the superior court of Chattooga County. Upon the approval by the commissioner, such supplies and equipment shall be furnished to the clerk for his office and paid for from the funds of Chattooga County. The governing authority of the county is hereby directed to, on or before March 1, 1965, purchase, rent or lease photostatic equipment or other photographic equipment to be placed in the office of the clerk of the superior court for the use by the clerk as provided by law and for the use of the other elected county officers of the county. Such equipment shall be under the control and jurisdiction of the clerk. When such equipment is used by any other elected county officer other than the clerk of the superior court, the cost of the supplies necessary for such use shall be charged against the office of such other officer and not against the office of the clerk of the superior court. Supplies, etc. Section 4. The provisions of this Act shall become effective January 1, 1965. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Page 2993 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 clerk of superior court of Chattooga County on a salary; to provide for employees and their compensation; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 14th day of December, 1962. /s/ James H. Floyd Representative, Chattooga County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James H. Floyd, who, on oath, deposes and says that he is Representative from Chattooga County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News, which is the official organ of said county, on the following dates: December 20 and 27, 1962 and January 3, 1963. /s/ James H. Floyd Representative, Chattooga County. Sworn to and subscribed before me, this 14th day of January, 1963. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 18, 1964. Page 2994 CHATTOOGA COUNTYTAX COLLECTOR PLACED ON SALARY BASIS. No. 935 (House Bill No. 13). An Act to place the tax collector of Chattooga County on an annual salary in lieu of the fee system of compensation; to provide for clerical employees and 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. The tax collector of Chattooga County shall receive for his services as such, an annual salary of nine thousand dollars ($9,000.00), payable in equal monthly installments, to be paid from the funds of Chattooga County. Such compensation shall be paid in lieu of all fees, costs, fines, and perquisites of whatever kind heretofore received by the tax collector. 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 tax collector shall be collected by him for the sole use of Chattooga County and shall be the property of Chattooga County. Such funds shall be held as public funds belonging to Chattooga County, and shall be accounted for and paid to the fiscal authority of Chattooga County by the fifteenth day of every month for the immediately preceding month. It is specifically provided that the tax collector of Chattooga County shall not be entitled to receive those commissions for his services in collecting taxes in excess of a certain percentage of the taxes according to the net tax digest as is provided for in an Act approved January 17, 1938 (Ga. L. 1937-38, p. 297, Ex. Sess.), as amended. Salary, etc. Section 2. The tax collector is hereby authorized to employ such clerical assistants as shall be needed to efficiently discharge the duties of his office. However, the total compensation of all such employees or employee, shall not exceed the sum of three thousand six hundred dollars ($3,600.00) per annum, which compensation shall be paid in equal Page 2995 monthly installments from the funds of Chattooga County. The cost of equipping and supplying the tax collector's office shall be borne by Chattooga County. Clerical help, etc. 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 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 place the tax collector of Chattooga County on an annual salary in lieu of the fee system of compensation; to provide for clerical employees and their compensation; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 14th day of December, 1962. /s/ James H. Floyd Representative, Chattooga County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James H. Floyd, who, on oath, deposes and says that he is Representative from Chattooga County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News, which is the official organ of said county, on the following dates: December 20 and 27, 1962 and January 3, 1963. /s/ James H. Floyd Representative, Chattooga County. Sworn to and subscribed before me, this 14th day of January, 1963. Page 2996 /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 18, 1964. CHATTOOGA COUNTYSHERIFF PLACED ON SALARY BASIS. No. 937 (House Bill No. 15). An Act to place the sheriff of the superior court of Chattooga County on a salary in lieu of the fee system of compensation; to provide for employees and their salaries in the office of sheriff of Chattooga County; to provide for the equipment and supplies of the sheriff's office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the sheriff of the superior court of Chattooga 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 dollars ($9,000.00) per annum, to be paid in equal monthly installments from the funds of Chattooga County. 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 Chattooga County and shall be the property of Chattooga County. Such funds shall be held as public funds belonging to Chattooga County, and shall be accounted for and paid to the fiscal authority of Chattooga County by the fifteenth day of every month for the immediately preceding month. Any funds which the sheriff receives for his part in seizing any vehicles or any other equipment declared Page 2997 contraband under the laws of this State, shall likewise be the funds of the county and shall be handled in the same manner as any other funds provided for herein for Chattooga County. Salary, etc. Section 2. The sheriff shall be authorized to appoint one chief deputy to assist him in the performance of his duties and fix the compensation of such deputy at not to exceed four thousand two hundred dollars ($4,200.00) per annum, which compensation shall be paid in equal monthly installments from the funds of Chattooga County. He shall also be authorized to employ one additional deputy and fix his compensation at not to exceed three thousand dollars ($3,000.00) per annum, which compensation shall be paid in equal monthly installments from the funds of Chattooga County. He is also authorized to employ a jailer and fix his compensation at not to exceed two thousand four hundred dollars ($2,400.00) per annum, which compensation shall be paid in equal monthly installments from the funds of Chattooga County. Deputies, etc. Section 3. The food which the sheriff would ordinarily be responsible for supplying for prisoners in the county jail shall, after the effective date of this Act, be supplied by the county work camp and the sheriff shall no longer furnish food for such prisoners nor receive any funds whatsoever for any such food. In the event the county work camp is closed, or in the event it becomes impossible for such Camp to furnish the aforesaid food, the governing authority of the county shall contract with a local restaurant or restaurants for furnishing food to the prisoners. Prisoners. Section 4. The sheriff of Chattooga County shall prepare and submit in writing to the commissioner of roads and revenues of Chattooga County, an itemization of such supplies and equipment as are from time to time needed to efficiently run the office of sheriff of the superior court of Chattooga County. Upon approval by the commissioner, such supplies and equipment shall be furnished to the sheriff for the use of his office and paid for out of the funds of Chattooga County. In any event, the sheriff shall Page 2998 be furnished two automobiles with standard police equipment from the funds of Chattooga County. Supplies, etc. Section 5. The provisions of this Act shall become effective January 1, 1965. Effective date. Section 6. 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 place the sheriff of Chattooga County on a salary; to provide for employees and their compensation; to provide for equipment and supplies for the sheriff's office; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 14th day of December, 1962. /s/ James H. Floyd Representative, Chattooga County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James H. Floyd, who, on oath, deposes and says that he is Representative from Chattooga County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News, which is the official organ of said county, on the following dates: December 20 and 27, 1962 and January 3, 1963. /s/ James H. Floyd Representative, Chattooga County. Sworn to and subscribed before me, this 14th day of January, 1963. Page 2999 /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 18, 1964. CHATTOOGA COUNTYCOMPENSATION OF COMMISSIONER OF ROADS AND REVENUES AND CLERK. No. 938 (House Bill No. 16). An Act to amend an Act abolishing the board of commissioners of roads and revenues of Chattooga County, and creating the office of commissioner of roads and revenues of Chattooga County; approved March 6, 1956 (Ga. L. 1956, p. 2899), so as to increase the compensation of the commissioner of roads and revenues of Chattooga County; to increase the maximum compensation authorized for 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 abolishing the board of commissioners of roads and revenues of Chattooga County, and creating the office of commissioner of roads and revenues of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), is hereby amended by striking the symbol and figures $7,200.00 from section 5, and substituting in lieu thereof the symbol and figures $9,000.00, so that when so amended, section 5 shall read as follows: Section 5. The commissioner shall be compensated in the amount of $9,000.00 per annum, to be paid in equal monthly installments from the funds of Chattooga County, and the commissioner shall devote his full time to the duties of his office. He shall also be reimbursed for his actual expenses incurred in connection with the performance of Page 3000 his duties outside Chattooga County, which shall include reimbursement for expenses incurred at attendance upon meetings of the County Commissioners Association. Commissioner. Section 2. Said Act is further amended by striking from section 6 the following, $3,000.00 per annum, and inserting in lieu thereof the following, $3,600.00 per annum, so that when so amended section 6 shall read as follows: Section 6. The commissioner is hereby authorized to employ a clerk and fix the compensation therefor, but not to exceed the sum of $3,600.00 per annum, to be paid in equal monthly installments from the funds of Chattooga County. It shall be the duty of the clerk to keep the minutes and records of all proceedings of the commissioner, to keep the books of the county, and to discharge such other duties as the commissioner may prescribe. Clerk. 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 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 increase the compensation of the commissioner of roads and revenues of Chattooga County; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 14th day of December, 1962. /s/ James H. Floyd Representative, Chattooga County. Georgia, Fulton County. Page 3001 Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James H. Floyd, who, on oath, deposes and says that he is Representative from Chattooga County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News, which is the official organ of said county, on the following dates: December 20 and 27, 1962 and January 3, 1963. /s/ James H. Floyd Representative, Chattooga County. Sworn to and subscribed before me, this 14th day of January, 1963. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 18, 1964. ACT PROVIDING PENSIONS FOR MEMBERS OF POLICE DEPARTMENTS OF CITIES HAVING A POPULATION OF 150,000 OR MORE PERSONS AMENDED. No. 939 (House Bill No. 709). 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 other subsequent census thereof and providing a new pension system for members of the police department in such cities (Ga. L. 1933, pp. 213-224), and the several Acts amendatory thereof, providing a system of pensions and other benefits for such members and their dependents; to provide for the tax upon the salaries of Page 3002 such members; 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. 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) As used in this Act, the language officer and employee shall be defined as any officer and employee who has passed the Civil Service Examination and has been certified by the Civil Service or Personnel Board for employment as a police officer and is elected or employed in such capacity. Definition. (b) Any officer and employee coming under the terms of this Act who is in the employment of the city prior to the effective date of this amendment may elect to come under the provisions of this amendment by making written application to the Pension Board. The applicant must agree in writing to accept the benefits and obligations of this amendment, in lieu of other pension benefits and obligations under this Act, as amended. Election. All such officers and employees in the employment of the City on the effective date of this Act who do not in writing agree to accept the benefits and obligations of this amendment, shall have their rights and obligations determined under the law as it existed prior to this amendment. All regular officers and employees of the city eligible for participation in this Act, as amended, who shall be elected or employed after the effective date of this Act, shall be required to come under the provisions of this Act, as now amended, and shall have all rights and duties provided in the amended Act. Temporary employees shall not be required to participate in this Act, as amended. Rights. Page 3003 This amendment and the election to accept these benefits shall be predicated upon an acknowledgment that the General Assembly in adopting this amendment reserved the right to further amended said Act and to reduce the benefits provided hereunder not to exceed the primary insurance amount such officer and employee will be eligible to receive in the event the officer and employee of such city should ever qualify and accept the benefits under the Federal O. A. S. I. program by reason of his employment by such city. Provided further, that the benefits of this Act, as amended, shall in no event be reduced more than the primary insurance amount received from the Federal O. A. S. I. program as a consequence of participation in said Federal O. A. S. I. program. Provided further, that the benefits of this Act, as amended, shall in no event be reduced as a consequence of participation in said Federal O. A. S. I. program below the benefits as same existed prior to the enactment of this amendment. Social security. (c) All officers and employees who shall elect to come under the terms of this amendment must attain the age of fifty-five (55) years and shall have served 25 years before being eligible to retire and receive the benefits as provided by this amendment. Retirement. (d) When such officer and employee shall retire as a matter of right, he shall be paid thereafter a monthly pension equal to two percent (2%) of his monthly (base and service) earnings, multiplied by his years of creditable service, up to and including twenty-five (25) years, and one and one-half per cent (1-1/2%) of his monthly (base and service) earnings multiplied by the number of full years of creditable service in excess of twenty-five (25) years of creditable service. Monthly earnings shall be the average of the highest five (5) years (base and service) salary during the term of employment. Pension. (e) In no event shall the total pension benefits payable under this amendment, plus any primary insurance amount under this Federal O. A. S. I. program that may inure to any officer or employee coming under the provisions of this amendment, by reason of his employment by such city, Page 3004 exceed 75% of the average monthly (base and service) salary used in computing the pension benefits under the terms of this amendment or $500.00 per month, whichever is less. Provided, however, that whenever monthly earnings as defined in this amendment, multiplied by years of creditable service at the time of retirement or death shall entitle any officer and employee coming under the provisions of this amendment to a pension in excess of the maximum pension allowable hereunder, said officer and employee, shall be refunded all contributions made by him on monthly earnings in excess of monthly earnings necessary to arrive at the maximum pension allowable. No department head who elects to come under the provisions of this Act shall be entitled to receive any emeritus salary as provided by the governing authorities of any city coming within the provisions of this Act. Maximum Pension. (f) 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 sub-section (d) above, and provided, further, that disability incurred in the line of duty shall be computed by the same formula as is used for computing service pensions in sub-section (d), above, or a monthly pension equal to the amount he would have been eligible to receive with thirty-five (35) years service, provided the average monthly earnings used in said computations shall not be less than the salary being paid a sixth year patrolman at the time of disability or death, regardless of age and of years served, whichever is greater. Disability, etc. Pensions for widow as beneficiary designated under the terms of this Act, as amended, shall be one-half (1/2) of the amount the pensioner was receiving at time of death on service pensions, total and permanent disability pensions not in the line of duty, and death not in line of duty prior to eligibility for retirement, and three-fourths (3/4) on disability or death incurred in the line of duty with the Page 3005 Police Department, of the amount the pensioner was receiving or would have received had he exercised his right to retire, and provided, further that the pension benefits for widow shall be continued to the minor child or children (natural or legally adopted) upon the death or remarriage of the widow until the youngest child shall have become 18 years of age. 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 of pensioner receiving service pension benefits is more than five (5) years younger than the pensioner, there shall be deducted from her pension one-twelfth (1/12) of two percent (2%) per month for each month that she is more than (5) five years younger than the pensioner; provided, however, that said reduction of one-twelfth (1/12) of two percent (2%) per month shall not apply if the beneficiary is fifty-five (55) years or more of age at the time she becomes eligible for benefits. Widows, etc. (g) When any person covered by the provisions of this Act shall die as a result of injuries incurred in the line of duty, the compensation to which he would have been entitled shall be continued for one year and paid to his widow or minor children (natural or legally adopted), if no widow. Any compensation received by the member due to said injury shall be deducted from the one year's compensation herein provided for. At the expiration of the one year period referred to above, the pension benefits for widow shall be computed by the same formula as set forth in sub-section (f) above. The pension benefits for widow provided by this amendment shall be continued to the minor child or children (natural or legally adopted) upon the death or remarriage of the widow until the youngest child shall have become 18 years of age. Death in line of duty. (h) There shall be deducted from the total salary of any officer or employee electing to come under this amendment the sum of five percent (5%) of his total salary, in the event he does not provide for payment of a pension to this beneficiary, as authorized by this Act, as amended, or the sum of six percent (6%) of his total salary, in the event Page 3006 he does provide for the continuance of the pension to his beneficiary. Like payments shall be made from the salaries of future employees of the Police Department required to come under this amendment. Contributions. (i) In addition to the payments required to be made in sub-section (h) above, any officer or employee who may become a participant under this amendment shall be entitled to all benefits and receive credit for all the years of his creditable service, provided he shall pay into the fund the sum of five percent (5%) of his total salary from the time his salary exceeded $300.00 per month, if he does not provide for the payment of a pension to a beneficiary, and the sum of six percent (6%) of his total salary from the time his salary exceeded $300.00 per month, if he does provide for the payment of a pension to a beneficiary. Payments previously made to the Pension Fund not exceeding the amount due the Fund shall be deducted from the total amount due in arriving at the total sum of five percent (5%) or six percent (6%). Same. Said total amount due may be paid at the time the officer and employee elects to come under the terms of this amendment or in sixty (60) monthly installments from the date of his participation under this amendment, at the option of the participant to the plan. Provided, however, that the Board of Trustees of the Fund, as created under this Act, as amended, may at their discretion allow additional time for such payments to be made. Same. Any officer and employee who does not elect to participate under this amendment within six (6) months of the effective date of this amendment, but who later elects to participate, shall be required to pay interest at the rate of four percent (4%) per annum from the effective date of this amendment to the date he elects to participate. In the event the officer and 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 from retirement or beneficiary benefits until the obligation is discharged. Later election. Page 3007 (j) 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 (h) above, as to those then employed and electing to come under this amendment, shall begin with that date. As to those subsequently coming into the service of the Police Department 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. (k) In addition to the Fund derived from deductions from salaries and wages, as required by sub-section (h) of this amendment, shall be the duty of the governing authorities of such cities to appropriate and pay into the Pension Fund an amount which shall be equal to the amount paid into said Fund by said officers and employees of the Police Department for prior creditable service, as required by sub-section (i). Provided, however, such governing authorities of such cities may delay the matching of additional contributions caused by the enactment of this amendment to the January 1st next following the effective date of this amendment and provided, further, that said governing authorities of such cities may match the payments for prior creditable service, as provided for in sub-section (i) in annual installments over a period not to exceed twenty (20) years from the January 1st next following the effective date of this amendment. Should said Pension Fund at any time be insufficient to meet and pay the pensions due to such officers and employees of the Police Department, such governing authorities shall appropriate from current funds amounts sufficient to make up the deficiency and deposit same into such pension fund. Employer contribution. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 18, 1964. Page 3008 CITY OF ELLAVILLECORPORATE LIMITS. No. 942 (House Bill No. 775). An Act to amend an Act creating a new charter for the City of Ellaville, approved August 4, 1914 (Ga. L. 1914, p. 740), as amended by an Act approved February 8, 1950 (Ga. L. 1950, p. 2254), so as to change the corporate limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Ellaville, approved August 4, 1914 (Ga. L. 1914, p. 740), as amended by an Act approved February 8, 1950 (Ga. L. 1950, p. 2254), is hereby amended by striking from section 2 the words one-half and inserting in lieu thereof the word one, so that when so amended section 2 shall read as follows: Section 2. Be it further enacted by the authority aforesaid, That the corporate limits of said city shall be as follows: Beginning at the center of Broad Street at the point where Oglethorpe Street intersects said Broad Street and extending one mile in every direction from said central point, making a complete circle. 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 1964 session of the General Assembly of Ga., a bill to extend the city limits of the city of Ellaville; and for other purposes. This 16th day of December, 1963. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin E. DeVane, Page 3009 who, on oath, deposes and says that he is Representative from Schley County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Ellaville Sun, which is the official organ of said county, on the following dates: December 18, 25; January 1, 1964. /s/ Marvin E. DeVane Representative, Schley County. Sworn to and subscribed before me, this 20th day of January, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 18, 1964. BOARDS OF TAX ASSESSORS IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 23,750 AND NOT MORE THAN 23,850 PERSONS. No. 943 (House Bill No. 814). An Act to provide that the terms of office of members of county boards of tax assessors in all counties of the State of Georgia having a population of not less than 23,750 and not more than 23,850, according to the United States Census of 1960 or any future United States Census, shall be one (1) year and until their successors are duly appointed and qualified; to provide that the passage of this Act shall affect the terms of members of county boards of tax assessors appointed prior to the date of the passage of this Act; to provide for the appointment of members of county boards of tax assessors for a portion of calendar year 1964; to repeal conflicting laws; and for other purposes. Page 3010 Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, as follows: Section 1. That in all counties of the State of Georgia having population of not less than 23,750 nor more than 23,850 according to the United State Census of 1960 or of any future United State Census, the members of the county boards of tax assessors of such counties shall be appointed for a term of one (1) calendar year, said term to commence on January 1 of such calendar year and end on December 31 of such calendar year and until their successors are duly appointed and qualified. This Act shall affect the terms of office of the present members of such county boards of tax assessors so that terms of members of such county boards of tax assessors who were appointed for terms ending after March 21st, 1964, shall instead end on March 31st, 1964, and the members of such county boards of tax assessors shall be succeeded by members of such boards of tax assessors appointed for terms of a partial calendar year ending December 31, 1964, and until their successors are duly appointed and qualified. Terms. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. CITY OF ACWORTHCHARTER AMENDED. No. 946 (House Bill No. 870). An Act to amend an Act establishing a new charter for the City of Acworth approved August 17, 1903, (Ga. L. 1903, p. 413 et. seq.) as amended, so as to extend the present corporate limits of said city to include therein certain territory in the County of Cobb contiguous and adjacent to existing boundaries of said city; to define the boundaries of said territory; to provide that when said territory shall become a part of said city, the proper authorities may make assessments of property located in said Page 3011 territory for the purposes of taxation; to provide that the laws of said City of Acworth, after the inclusion of said territory, shall apply to said territory, including all city ordinances previously passed, all ordinances as to voter's qualifications, tax assessments, taxation, qualifications for eligibility for holding office, the issuance of licenses for business and all other statutes and ordinances of the City of Acworth, to authorize the mayor and council of Acworth to use voting machines in any city election; to provide the procedure connected therewith; to repeal conflicting laws; to set forth and prescribe the authority and powers of the City of Acworth as relates to the furnishing of utilities and construction of utility facilities; to provide for the authority and powers of the City of Acworth as relates to the enforcement of collection or payments therefor; to provide for the power to enter into zoning regulations and the procedure connected therewith; to authorize the City of Acworth to exercise the power of eminent domain for certain purposes; to authorize the City of Acworth to promulgate and adopt such ordinances and regulations as they may deem proper; 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 from and after the passage of this Act and its approval by the Governor, unless it otherwise becomes law, that the corporate limits of said City of Acworth are hereby extended beyond its present boundaries as now defined as to include the following territory, to-wit: Section 1. Tract One : All that tract or parcel of land lying and being in land lots 44, 45, 46, 67, 68, 69, 70, 71, 82, 83, 84, 85, 106, 108, 109, and 123 of the 20th district and 2nd section of Cobb County, Georgia, and being more particularly described as follows: Corporate limits. Beginning at the intersection of the east right of way of Old U. S. Highway #41, also being Georgia State Highway #293, and the north line of property owned by the United States of America and known as Acworth Sub-impoundment; thence in an easterly direction along the northerly Page 3012 side of said property of the United States of America for a distance of 90 feet to a point and corner; thence in a northerly direction for a distance of 175 feet along the said property of the U. S. A. to a point and corner; thence in an easterly direction continuing along the said property of the U. S. A. for a distance of 150 feet to a point and corner; thence in a northerly direction continuing along the line of property of the U. S. A. for a distance of 600 feet to a point and corner; thence in an easterly direction continuing along the property of the U. S. A. for a distance of 500 feet to a point and corner; thence in a northerly direction continuing along the property of the U. S. A. for a distance of 450 feet to a point and corner on the north land lot line of said land lot 68; thence in an easterly direction along the north land lot line of said land lot 68 for a distance of 430 feet to the northeast corner of said land lot 68; thence in a southerly direction along the east land lot line of said land lot 68 for a distance of 1303 feet to a point and corner; thence in an easterly direction continuing along the property of the U. S. A. for a distance of 2400 feet to a point and corner; thence in a southerly direction continuing along the property of the U. S. A. for a distance of 380 feet to a point and corner; thence in a westerly direction continuing along the property of the U. S. A. for a distance of 1220 feet to a point and corner; thence in a southwesterly direction continuing along the property of the U. S. A. for a distance of 1270 feet to a point and corner; thence in a westerly direction continuing along the property of the U. S. A. for a distance of 400 feet to a point and corner on the west land lot line of said land lot 67; thence in a northerly direction along the west land lot line of said land lot 67 for a distance of 180 feet to a point and corner; thence in a westerly direction continuing along the property of the U. S. A. for a distance of 980 feet to a point and corner on the west right of way of the said Old U. S. Highway #41, being Georgia State Highway #293; thence in a northerly direction along the west right of way of the said Old U. S. Highway #41 for a distance of 530 feet to a point and corner; thence in a westerly direction continuing along the property of the U. S. A. for a distance of 540 feet to a point and corner; thence in a Page 3013 southerly direction continuing along the property of the U. S. A. for a distance of 600 feet to a point and corner on the south land lot line of said land lot 68; thence in an easterly direction along the south land lot line of said land lot 68 for a distance of 390 feet to a point and corner; thence in a southerly direction continuing along the property of the U. S. A. for a distance of 740 feet to a point and corner on the north right of way of Nance Road; thence in a southwesterly direction along the north right of way of said Nance Road and following the curvature for a distance of 180 feet to a point and corner; thence in a southeasterly direction across the said Nance Road and along the property of the U. S. A. for a distance of 180 feet to a point and corner; thence in a southwesterly direction continuing along the property of the U.S.A. for a distance of 70 feet to a point and corner; thence in a northwesterly direction continuing along the property of the U. S. A. for a distance of 60 feet to a point and corner; thence in a southwesterly direction continuing along the property of the U. S. A. for a distance of 180 feet to a point and corner; thence in a southeasterly direction along the property of the U. S. A. for a distance of 800 feet to a point and corner; thence in a southwesterly direction along the property of the U. S. A. for a distance of 380 feet to a point and corner; thence in an easterly direction along the property of the U. S. A. for a distance of 100 feet to a point and corner; thence in a southerly direction along the property of the U. S. A. for a distance of 1150 feet to a point and corner; thence in an easterly direction along the property of the U. S. A. for a distance of 160 feet to a point and corner; thence in a southerly direction along the property of the U. S. A. for a distance of 225 feet to a point and corner; thence in a westerly direction along the property of the U.S.A. for a distance of 560 feet to a point and corner; thence in a southerly direction along the property of the U.S.A. for a distance of 550 feet to a point and corner; thence in a westerly direction along the property of the U.S.A. for a distance of 450 feet to a point and corner; thence in a southerly direction along the property of the U.S.A. for a distance of 350 feet to a point and corner; thence in a westerly direction along the property of the Page 3014 U.S.A. for a distance of 160 feet to a point and corner; thence in a southerly direction along the property of the U.S.A. for a distance of 450 feet to a point and corner; thence in a westerly direction along the property of the U.S.A. for a distance of 400 feet to a point and corner; thence in a southerly direction along the property of the U.S.A. for a distance of 720 feet to a point and corner; thence in a westerly direction along the property of the U.S.A. for a distance of 30 feet to a point and corner; thence in a southerly direction along the property of the U.S.A. for a distance of 350 feet to a point and corner; thence in a westerly direction along the property of the U.S.A. for a distance of 420 feet to a point and corner; thence in a northerly direction along the property of the U.S.A. for a distance of 1250 feet to a point and corner; thence in an easterly direction along the property of the U.S.A. for a distance of 360 feet to a point and corner; thence in a northerly direction along the property of the U.S.A. for a distance of 200 feet to a point and corner; thence in an easterly direction along the property of the U.S.A. for a distance of 200 feet to a point and corner; thence in a northerly direction along the property of the U.S.A. for a distance of 520 feet to a point and corner; thence in an easterly direction along the property of the U.S.A. for a distance of 250 feet to a point and corner; thence in a northerly direction along the property of the U.S.A. for a distance of 980 feet to a point and corner on the south land lot line of said land lot 85; thence in a westerly direction along the south land lot line of said land lot 85 for a distance of 810 feet to the southwest corner of said land lot 85; thence in a northerly direction along the west land lot line of said land lot 85 for a distance of 1800 feet to a point and corner; thence in a westerly direction along the property of the U.S.A. for a distance of 1040 feet to a point and corner; thence in a northerly direction along the property of the U.S.A. for a distance of 950 feet to a point and corner on the north land lot line of said land lot 84; thence in a westerly direction along the north land lot line of said land lot 84 and land lot 83 for a distance of 2800 feet to a point and corner; thence in a northerly direction along the property of the U.S.A. for a distance of 1650 feet to a point and Page 3015 corner; thence in a westerly direction along the property of the U.S.A. for a distance of 780 feet to a point and corner; thence in a northerly direction along the property of the U.S.A. for a distance of 400 feet to a point and corner; thence in a northwesterly direction along the property of the U.S.A. for a distance of 450 feet to a point and corner; thence in a southwesterly direction along the property of the U.S.A. for a distance of 80 feet to a point and corner; thence in a northwesterly direction along the property of the U.S.A. for a distance of 250 feet to a point and corner; thence continuing in a northwesterly direction along the property of the U.S.A. for a distance of 140 feet to a point and corner; thence in a southwesterly direction along the property of the U.S.A. for a distance of 180 feet to a point and corner; thence in a southerly direction along the property of the U.S.A. for a distance of 420 feet to a point and corner; thence in an easterly direction along the property of the U.S.A. for a distance of 150 feet to a point and corner; thence in a southwesterly direction along the property of the U.S.A. for a distance of 320 feet to a point and corner; thence in a southerly direction along the property of the U.S.A. for a distance of 330 feet to a point and corner; thence in an easterly direction along the property of the U.S.A. for a distance of 150 feet to a point and corner; thence in a southerly direction along the property of the U.S.A. for a distance of 200 feet to a point and corner; thence in a westerly direction along the property of the U.S.A. for a distance of 100 feet to a point and corner; thence in a southerly direction along the property of the U.S.A. for a distance of 200 feet to a point and corner; thence in a easterly direction along the property of the U.S.A. for a distance of 100 feet to a point and corner; thence in a southerly direction along the property of the U.S.A. for a distance of 100 feet to a point and corner; thence in an easterly direction along the property of the U.S.A. for a distance of 250 feet to a point and corner; thence in a southerly direction along the property of U.S.A. for a distance of 780 feet to a point and corner; thence in an easterly direction along the property of the U.S.A. for a distance of 400 feet to a point and corner; thence in a southerly direction along the property of the U.S.A. for a distance of 1400 feet to a point and corner; thence Page 3016 in an easterly direction along the property of the U.S.A. for a distance of 1260 feet to a point and corner; thence in a southerly direction along the property of the U.S.A. for a distance of 1800 feet to a point and corner; thence in a westerly direction along the property of the U.S.A. for a distance of 2020 feet to a point and corner; thence in a northwesterly direction along the property of the U.S.A. for a distance of 650 feet to a point and corner; thence in a westerly direction along the property of the U.S.A. for a distance of 300 feet to a point and corner; thence in a northerly direction along the property of the U.S.A. for a distance of 680 feet to a point and corner; thence in an easterly direction along the property of the U.S.A. for a distance of 250 feet to a point and corner; thence in a northerly direction along the property of the U.S.A. for a distance of 150 feet to a point and corner; thence in an easterly direction along the property of the U.S.A. for a distance of 200 feet to a point and corner; thence in a northerly direction along the property of the U.S.A. for a distance of 200 feet to a point and corner; thence in an easterly direction along the property of the U.S.A. for a distance of 300 feet to a point and corner; thence in a northerly direction along the property of the U.S.A. for a distance of 320 feet to a point and corner; thence in a westerly direction along the property of the U.S.A. for a distance of 200 feet to a point and corner; thence in a northerly direction along the property of the U.S.A. for a distance of 500 feet to a point and corner; thence in a westerly direction along the property of the U.S.A. for a distance of 1400 feet to a point and corner on the west right of way of Hill Road; thence in a northeasterly direction along the west right of way of said Hill Road for a distance of 1400 feet to a point and corner; thence in a northerly direction along the property of the U.S.A. for a distance of 650 feet to a point and corner; thence in a westerly direction along the property of the U.S.A. for a distance of 500 feet to a point and corner; thence in a southerly direction along the property of the U.S.A. for a distance of 300 feet to a point and corner; thence in a westerly direction along the property of the U.S.A. for a distance of 1400 feet to a point and corner; thence in a northerly directio along the property of the U.S.A. for a distance of 1680 feet to a point and Page 3017 corner on the east side of State Highway #92; thence in a northeasterly direction along the east side of State Highway #92 for a distance of 1300 feet to a point and corner marking the existing limits of the said City of Acworth; thence in a northerly and easterly direction along the existing limits of the said City of Acworth being the northerly and easterly shoreline of Lake Acworth for a distance of 3,000 feet, more or less, following the curvature of said shoreline to the intersection of existing line of Proctor Creek at the point of its intersection with the existing city limits of the said City of Acworth; thence in a northerly direction along the existing limits of the said City of Acworth for a distance of 310 feet to a point and corner; thence in an easterly direction along the property of the U.S.A. for a distance of 100 feet to a point and corner; thence in a southerly direction along the property of the U.S.A. for a distance of 100 feet to a point and corner; thence in an easterly direction along the property of the U.S.A. for a distance of 400 feet to a point and corner marking the intersection of the east right of way of the Old U.S. Highway #41 being Georgia State Highway #293 and along the property of the U.S.A. and the point of beginning. Said tract incorporates the entirety of the Acworth Sub-impoundment of the United States of America east of Georgia State Highway #92 within the municipal bounds of the City of Acworth. Tract Two : All that tract or parcel of land lying and being in land lot 6 of the 20th district, 2nd section of Cobb County, Georgia and being more particularly described as follows: Beginning at the southwest corner of said land lot 6; thence in an easterly direction along the south land lot line of said land lot 6 for a distance of 597 feet to an iron pin, point and corner; thence N. 10, 45[UNK] E. for a distance of 203.6 feet to a point and corner; thence in a westerly direction for a distance of 635 feet to a point and corner on the west land lot line of said land lot 6; thence in a southerly direction along the west land lot line of said land lot 6 for a distance of 200 feet to the southwest corner of said Page 3018 land lot 6, being the point of beginning. Tract Three : All that tract or parcel of land lying and being in land lot 6 of the 20th district, 2nd section of Cobb County, Georgia and being more particularly described as follows: Beginning at a point and corner on the westerly side of Griggs Street marking the intersection of the westerly side of Griggs Street and the present city limits of said City of Acworth; thence in a northerly direction along the westerly side of said Griggs Street for a distance of 290 feet to a point and corner; thence in an easterly direction across the said Griggs Street for a distance of 30 feet to a point and corner on the east side of said Griggs Street; thence in an easterly direction along the north line of property of C. O. McCray for a distance of 100 feet to an iron pin, point and corner; thence in a southerly direction along the east side of property of C. O. McCray for a distance of 175 feet to an iron pin, point and corner; thence in a westerly direction along the south side of property of C. O. McCray for a distance of 100 feet to an iron pin, point and corner on the east side of Griggs Street; thence in a southerly direction along the east side of Griggs Street for a distance of 150 feet to a point and corner; thence in a westerly direction across the said Griggs Street for a distance of 30 feet to a point and corner on the westerly side of Griggs Street, marking the intersection of the westerly side of Griggs Street and the existing city limits of said City of Acworth, being the point of beginning. Tract Four : All that tract or parcel of land lying and being in land lot 6, 7, and 33 of the 20th, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the existing city limits of said City of Acworth in land lot 33 with the west right of way of the Louisville Nashville Railroad, also being the west right of way of the Western and Atlantic Rail-road; Page 3019 thence in a northerly direction along the west right of way of the said Louisville Nashville Railroad for a distance of 725 feet to a point and corner on the north land lot line of said land lot 33; thence continuing in a northerly direction along the west right of way of said Louisville Nashville Railroad for a distance of 1190 feet to a point and corner; thence in an easterly direction for a distance of 300 feet to a point and corner marking the northeast corner of property now or formerly owned by C. L. McMichen; thence in a southerly direction along the east property line of said property now or formerly owned by C. L. McMichen and the east property line of said property line of said property now or formerly owned by Taylor to a point and corner marking the northwest corner of property now or formerly owned by W. D. Hart; thence in a northeasterly direction along the north property line of said property now or formerly owned by W. D. Hart; Grady Robertson, L. A. Kennedy, Flannagan, Ray Dean, Odom, G. V. Rymer, Vaughn, Thurman Gayton, and others to the east land lot line of said land lot 6; thence in a northerly direction along the east land lot line of said land lot 6 for a distance of 360 feet to a point and corner; thence in a westerly direction for a distance of 400 feet to a point and corner; thence in a northerly direction for a distance of 200 feet to a point and corner; thence in a westerly direction for a distance of 165 feet to a point and corner; thence in a northerly direction for a distance of 901.4 feet to a point and corner on the north land lot line of said land lot 6; thence in an easterly direction along the north land lot line of said land lot 6 for a distance of 575 feet to northeast corner of said land lot 6; thence in an easterly direction along the north land lot line of said land lot 7 for a distance of 830 feet to a point and corner; thence in a southerly direction for a distance of 1015 feet to a point and corner; thence in an easterly direction for a distance of 1755 feet to a point and corner on the east land lot line of said land lot 7; thence in a southerly direction along the east land lot line of said land lot 7 for a distance of 25 feet, more or less, to the existing city limits of the said City of Acworth; thence in a westerly and southerly direction along the arc of the existing limits of the said City of Acworth for a distance of 3000 feet, more or less, to the intersection Page 3020 of the existing limits of the said City of Acworth and the west right of way of the said Louisville Nashville Rail-road, being the point of beginning. Section 2. The jurisdiction of the City of Acworth, the municipal corporation aforesaid, is hereby extended over all of the territory included within the boundaries above-described in section I of the Act, and the power and authority of said municipality under the present charter and ordinances and all laws appertaining to said municipality are hereby extended over and made effective in each part of the territory covered and included within the limits of said municipality as extended in section I of this Act. The power and authority of the officers of said municipality and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said municipality are made co-extensive with the limits as extended by section I of this Act. The power of taxing property and of fixing and regulating licenses for business; to assess, issue executions for, and in case of default, to sell the property upon which said assessments, taxes and licenses are due, as now prescribed by the charter and ordinances of said municipality, are extended to all of the limits included under the terms of section I of this Act. All citizens owning property and residing within the limits of the territory described in said section I of this Act shall be eligible for voting and for holding office under the terms and conditions set out in the present charter of the City of Acworth upon compliance with the terms of said charter. Said new territory is likewise made subject to all bonds heretofore issued by the City of Acworth, and is bound for the payment of bonds generally with the former territory of said municipality. Municipal powers. Section 3. In addition to the powers heretofore granted the City of Acworth by charter amendments, by general statutory law and judicial interpretation the said City of Acworth shall have the following powers cumulative of all previous powers in addition thereto; A. Said City of Acworth shall have full power and authority to furnish water, electric lights and power, gas, heat for the public use of said city, and for private use and Page 3021 charge therefor; to own, construct, enlarge, operate and maintain a system of waterworks and sewerage, a system of electric light and power lines, a system for the manufacturing and/or supplying gas and/or heat; to purchase or generate electric energy; and to maintain the supplying said public utility service. Utilities. B. Said City of Acworth shall have full power and authority to regulate and enforce the collection of and insure payment of, charge for supplying of water, electric lights or power energy, gas, heat, and sewer service, by the following methods: 1. By making said charges for water, electric energy, gas, heat, and sewer service a charge upon the property or real estate served, and in case prompt payment is not made for any such service, it may be provided that the water, electric light and power energy, gas, heat, or sewer services shall be shut off from the building, place or premises, and shall not be compelled to again supply said building, place or premises, until said arrears, with the interest thereon, is fully paid; and further it may be provided for the issuance of an execution for the unpaid charges for water, electric energy, gas, heat, or sewer service against the real estate served and the owner thereof, which shall be a lien on said real estate, and enforceable in the same manner as ad valorem taxes are enforced. Provided, however, that such charges shall not be a charge upon the real estate served where the tenant or other person in possession or having the right to possession and use of such real estate has by contract agreed to pay for such charges. 2. 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 Page 3022 as ad valorem taxes are enforced, any unpaid charges for water, electric energy, gas, heat, or sewer service. Should any consumer fail to pay all water, or electric light, gas, heat, or sewer charges due by him to said city, then the said city may cut off water, light, gas, heat, or sewer services from the premises and, should he move to another place in said city, refuse to furnish such service at the new place of residence unless and until all past due accounts are paid in full. 3. 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. 4. 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. Zoning. C. Said City of Acworth may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; for the purpose of regulating the height of the buildings, fences, or other structures, or for the area or dimensions of lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontage. The zoning regulations may be based upon one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purpose of the zoning regulations. In the determinations and establishment of districts and regulations, classification may be based on the Page 3023 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 Cobb County. Provided that nothing herein shall be permitted to disturb the present location of any business now located in said city as long as said business is carried on in its present manner. D. Said City of Acworth 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 sewage disposal plant; for sites for the buildings or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the city shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor, administrator, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for the condemnation of private property by town and cities as contained in Georgia Code, 1933, section 36-301, et. seq. Page 3024 E. In addition to the power and authority vested in said City of Acworth, by this Act, by the general laws of this State, and by those heretofore granted to said city, 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 its charter, with the Constitution and laws of the United States and of this State; Ordinances. 1. To protect and advance the morals of said city; to secure peace, good order, and quiet in said city; and to protect health of said city, to prevent the spread of and to suppress infectious, contagious, or dangerous diseases in said city; 2. To 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; 3. 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: 4. To provide a uniform scale of costs of the clerk and police officers of said city for all service in the arrest and prosecution of offenders in the mayor's court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury; 5. To require connections with water and/or sewerage by property owners whose property abut on streets having water and/or sewer mains therein, or whose property is in reasonable proximity to such water and/or sewer mains. Section 4. Notice of intention to apply for the enactment of this act was published in the manner prescribed by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945, and there is hereto attached and made Page 3025 a part of this Act, a copy of the notice and affidavit required by law. Section 5. The mayor and council are hereby authorized to use voting machines in any city election, including but not being limited to referendums, elections for city officers, and other special elections. All voting machines so used shall be approved by the city council, and it shall be solely within the discretion of such council as to the makes, models and construction of such machines. The custody of such voting machines shall be in the mayor and city council, or in lieu thereof in the custody of any election managers or commissioners of the City of Acworth. Voting machines. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February, 1964 Session of the General Assembly of Georgia a Bill to amend the charter of the City of Acworth (Ga. L. 1903, p. 413 et seq.) as heretofore amended and, for other purposes. This 17th day of December, 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 from Cobb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published Page 3026 in the Marietta Daily Journal, which is the official organ of said county, on the following dates: December 20, 27, 1963; January 3, 10, 1964. /s/ Robert E. Flournoy, Jr. Representative, Cobb County Sworn to and subscribed before me, this 20th day of January, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved March 18, 1964. CITY OF CANONNEW CHARTER. No. 947 (House Bill No. 986). An Act to reincorporate the City of Canon in the County of Franklin; 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 1. Charter, City Limits and Corporate Powers. Section 1.01 . This Act is a charter and shall constitute the whole charter of the City of Canon, Georgia, repealing Page 3027 and replacing the charter as provided by Georgia Laws of 1911, pages 894 and 898; Georgia Laws of 1904, page 394; Georgia Laws of 1921, page 743; Georgia Laws 1922, pages 601 and 603 and Georgia Laws of 1906, page 589, as amended. The City of Canon, Georgia, in the County of Franklin, and the inhabitants thereof, are hereby constituted and declared a body politic and corporate by the name and style of the City of Canon, 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. Charter. Section 1.02. City Limits . Be it further enacted, that said city shall include all territory within the following boundaries, which constitute the corporate limits, as follows: All that tract or parcel of land lying and being in the counties of Franklin and Hart embracing and including all the territory within one mile from a central point at the crossing of Broad Street and Depot Avenue, said central point also being known as the crossing of Georgia State Highway No. 51 and Georgia Highway No. 17. 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 non-residents and operated within the city with regularity. Such registration fees on trucks or automobiles may be graduated Page 3028 according to their tonnage capacities, weight or horse-power. (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. (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 Page 3029 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 repeal 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. (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 Page 3030 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. (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 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. (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, as hereinafter provided. (w) To exercise and enjoy all other powers, functions, Page 3031 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 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. (x) To pass such ordinances as they may think proper to prohibit, regulate or license the sale, possession, distribution or consumption of spirituous, vinous, malt, or intoxicating liquors within the city, and may abate violations of such ordinances as nuisances. The 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. 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. Page 3032 Article 2. City Council. Section 2.01. Election of mayor and councilmen . Be it further enacted, that on the first Wednesday in December, 1964, and on said date biennially thereafter, there shall be an election for the office of mayor. On the same date in each year two 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 regulations for the proper conduct of all elections in said city. Section 2.02. City Council . Be it further enacted, that the mayor and four 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 salaries so set by the mayor and council shall not exceed the sum of $400.00 per year for mayor and $100.00 per year for each member of the council. The council shall hold regular public Page 3033 meetings at a state time and place, as provided by ordinance. The council shall meet in special session on written call of the mayor or any two 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, 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 officer . 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. 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, Page 3034 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; or 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. 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; Page 3035 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 form 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. Section 2.08. Eligible Voters and Voter Registration . 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 Franklin and the County of Hart and who shall have resided six (6) months within the city limits of the City of Canon, and have registered as hereinafter provided, shall be qualified to vote in any city election. 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 officers named by the mayor and council, shall allow said person to enter upon the registration book his or her name, age, residence and occupation. Said names shall be alphabetically arranged in the register as nearly as possible, the white and colored being kept separate. The registering officer shall be the judge of the qualification of those offering to register, with a right of appeal by the applicant to the mayor and council, and the registrar may in his discretion require the applicant to take oath that he is qualified Page 3036 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 books 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. Article 3. 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 Page 3037 functions and duties of offices, positions of employment, departments, and agencies of the city. 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 ordinance 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 Page 3038 in said city for a period not exceeding thirty days, or to impose a fine not exceeding three hundred dollars, or both. Either one or more of said penalties may be imposed in the discretion of the presiding officer. When sitting as a court for the trial of offenders the said court shall have power to punish for contempt by fine not exceeding twenty-five ($25) dollars, imprisonment or work in the manner already prescribed in this section for not exceeding ten (10) days, one or both, at the discretion of the trial court. There may be an appeal in any case from the recorder's court to the mayor and council, which appeal must be in writing and entered within two days after the judgment complained of is pronounced; and provided, further, that the defendant gives bond, with security, to abate the final judgment of the case, said bond and security to be approved by the arresting officer or chief of police. The said mayor and council shall as early thereafter as is practicable, hear and determine said case so appealed, and shall investigate the case as fully as if the same had never been tried; that is, de novo. They shall have the power, if they find the defendant guilty, to decrease the fine or sentence imposed by the recorder's court, or to increase it at their discretion; and the judgment of the mayor and council may be reviewed by certiorari to the Superior Court of Franklin County, as is provided for in sections 19-203 to 19-216, both inclusive, Code of Georgia of 1933, and any Act amendatory thereof. The recorder of said city shall be authorized to issue warrants for offenses committed within the corporate limits of said city against any law or ordinance of said city or this State, and when the offense is against the State the recorder may hear evidence and commit to jail or take bond for appearance before the State court having jurisdiction of the offense, as a justice of the peace could do. If the offense charged in the warrant be one against the laws or ordinances of the city, the arresting officer shall carry the case before the recorder's court and none other, and the same there be disposed of as other cases of arrest not made under warrant. All warrants issued by the recorder, or those acting in his stead, shall be directed to the chief of police of Canon, any policeman or marshal thereof, and to Page 3039 all and singular the sheriffs, deputy sheriffs and constable of this State, and any one of said officers shall have the same authority to execute said warrant as the sheriffs of this State have to execute criminal warrants. The recorder, or those holding the recorder's court in his stead, shall have the power and authority to subpoena witnesses to attend the recorder's court under the same rules and regulations that regulate and govern the superior courts of this State, to compel their attendance, and to punish any witness, who has been subpoenaed and fails to attend, under the provisions for contempt already provided for in this charter. Any police officer of the City of Canon shall have authority to release any person arrested for a violation of any law or ordinance of said city, or law over which the recorder may have jurisdiction, upon such person giving bond, with security, payable to the City of Canon in an amount and surety to be approved by the policeman or as directed by the city recorder, conditioned for the appearance of such person before the recorder's court at the time and place specified in said bond and from time to time until he or she shall have been tried for the offense for which charged. If any person so released under appearance bond shall fail to appear for trial at the time named therein, such bond shall be forfeited; and a rule nisi shall be issued requiring him or the surety upon such bond to show cause before said court, at a time not less than ten days from the date of such rule, why such bond shall not be absolutely forfeited. Copies of such rule shall be served upon such person or persons to whom it shall be directed at least five days before the return days thereof, provided service may be made personally or by mailing a written notice to such person or persons at their last known address. At the time such rule is made returnable and no sufficient cause be shown, the forfeiture of said bond shall be final and absolute, and execution shall issue for the full amount thereof, and all costs, in the same amounts as are applicable in such cases in the superior courts, against the principal and Page 3040 sureties thereon or such of them as shall have been served. Such execution shall be signed by the clerk of the City of Canon and the recorder and shall be directed as warrants are directed, set out hereinabove, and the same when so issued shall be a lien upon all property, real or personal of such parties, and binding effect upon such property and of the defendant and surety therein as if the same were issued upon judgments in the superior courts, and shall be levied by any officer to whom it shall be directed. Provided, however, that any police officer of said city may require cash bonds for the appearance of such arrested person or persons, and upon their failure to appear at the trial thereof, said cash bond may, in the discretion of the city recorder, or those acting in his stead, be regarded as a fine and so assessed by said recorder and paid into the treasury of the city. 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 Canon, 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 Page 3041 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 4 . 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, 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 Page 3042 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 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 Page 3043 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 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, [Illegible Text] 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 a 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 Page 3044 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. 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 5 . 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 noncompos mentis, or when an injured person dies within sixty days, the time limit for Page 3045 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. 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, 1964. Section 5.06. 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-February 1964 Session of the General Assembly of Georgia, a bill. An Act to incorporate the City of Canon, Georgia, and to grant a new charter to said city Page 3046 and for other purposes, being an Act to amend and replace an Act of the General Assembly of Georgia, approved August 19, 1911 and the Acts amendatory thereof, entitled Charter of City of Canon, Georgia. This December 18, 1962. C. Patrick Milford, Representative, Franklin County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. Patrick Milford, who, on oath, deposes and says that he is Representative from Franklin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Carnesville Herald, which is the official organ of said county, on the following dates: December 19 and 26, 1963; January 3, 1964. /s/ C. Patrick Milford, Representative, Franklin County. Sworn to and subscribed before me, this 28 day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 18, 1964. Page 3047 CITY OF SCOTLANDCHARTER AMENDED. No. 949 (House Bill No. 1008). An Act to amend an Act incorporating the Town of Scotland, approved August 19, 1911 (Ga. L. 1911, p. 1535), as amended, so as to change the name of said Town to the City of Scotland; to provide for the election of the mayor and councilmen and the manner of fixing the date of such election; to provide the hours for which the polls shall be open; to provide the manner for which the mayor and councilmen's compensation shall be fixed; to provide the date upon which the mayor and councilmen shall assume office; 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 Scotland, approved August 19, 1911 (Ga. L. 1911, p. 1535), as amended, is hereby amended by striking therefrom, wherever the same shall appear, the words Town of Scotland and Town and substituting in lieu thereof the words City of Scotland and City, respectively, so that after the passage of this Act the Town of Scotland shall henceforth be known as the City of Scotland. Name changed. Section 2. Said Act is further amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. (a). Be it further enacted enacted that a general election shall be held in said city for the election of a mayor and councilmen on the second Saturday in December of each and every year, beginning with the year 1964. If any such election should not be held at the time above designated, the same shall thereafter be held after notice of the time and place of holding such election shall have been given in writing by posting the same at the post office by any ten citizens residing in said city at least ten days before such election is to be held. Elections, etc. Page 3048 (b). Be it further enacted that during each and every general election to be hereinafter held in and for the City of Scotland, the polls shall open on the day of election at 7 o'clock a.m. and shall close at 7 o'clock p.m. (c) Be it further enacted that the mayor and councilmen for the City of Scotland shall fix their compensation for their services and the compensation for each councilman shall not exceed the sum of $10.00 per meeting or the total sum of $120.00 annually, which ever figure is less. The compensation for the mayor of the City of Scotland shall not exceed the sum of $150.00 per year. Salaries. (d) Be it further enacted that the candidates elected for the offices of mayor and councilmen shall assume their duties and take office on the first day of January following their election unless same falls on a Sunday or a legal holiday, in which case, said officers shall be installed and assume their duties on the following day. Terms, etc. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. GeorgiaTelfair County. Notice is hereby given that the Town of Scotland intends to apply for the passage of local legislation at the current 1964 session of the General Assembly of Georgia, for the authority to make various concessions to industries seeking to locate within the corporate limits of said municipality and for the authority to aid in the financing of said industries; to fix the maximum compensation for the mayor and council of said town; to change the date of the general election for the Town of Scotland to the second Saturday in December of each year; to provide for the elected officials of said Town to assume their duties on January 1 of each year; to provide that the voting hours for all elections in said Town shall be from 7:00 o'clock a.m. to 7:00 o'clock p.m.; to change the corporate limits of said town by disjoining and removing therefrom all of that portion of said Page 3049 corporate limits which is situated within the boundaries of Wheeler County, Georgia; to change the name of the Town of Scotland to the City of Scotland; and for other purposes. This the 15th day of January, 1964. B. W. Walker, Attorney for the Town of Scotland, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. B. Smith, Jr., who, on oath, deposes and says that he is Representative from Telfair County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Telfair Enterprise, which is the official organ of said county, on the following dates: January 16, 23, and 30, 1964. /s/ E. B. Smith, Jr., Representative, Telfair County. Sworn to and subscribed before me, this 5th day of February, 1964. /s/ Amelia Smith, Notary Public, Georgia State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved March 18, 1964. Page 3050 ACT PROVIDING PENSIONS FOR EMPLOYEES OF CITIES HAVING A POPULATION OF 150,000 OR MORE PERSONS AMENDED. No. 950 (House Bill No. 1034). 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, as heretofore amended, particularly as amended by an Act approved March 6, 1962 (Ga. L. 1962, pp. 3140 et seq.), so as to change the provisions as to maximum pension benefits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same. That the Act approved August 20, 1927 (Ga. L. 1927, pp. 265 et seq.), to provide that cities having a population of more than 150,000 as disclosed by the United States Census of 1920, or subsequent census, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is hereby further amended, as follows: Section 1. The Act approved March 6, 1962 (Ga. L. 1962, pp. 3140 et seq.), amending said Act, is hereby amended by striking from the first sentence of section 1 (d) of said 1962 Act the words or five hundred ($500.00) dollars per month, whichever is less. Pension benefits. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 3. Should any section or provision of this Act be held unconstitutional or invalid, such section or provision shall not affect the validity of this Act as a whole or any Page 3051 part thereof other than the part so held to be unconstitutional. Approved March 18, 1964. FULTON COUNTY BOARD OF EDUCATIONPENSION PLAN ACT AMENDED. No. 951 (House Bill No. 1035). 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, particularly as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2948), and an Act approved April 9, 1963 (Ga. L. 1963, p. 3257), so as to change the provisions as to maximum pension benefits; 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. The Act approved March 3, 1962 (Ga. L. 1962, p. 2948), amending said Act, is hereby amended by striking from the first sentence of said section 1(d) of said 1962 Act the words or five hundred ($500) dollars per month, whichever is less. Section 2. Section 3 of the Act approved April 9, 1963 (Ga. L. 1963, p. 3257), amending said Act, is hereby repealed. Section 3. All laws and parts of laws in conflict herewith Page 3052 be and the same are hereby repealed. Section 4. Should any section or provision of this Act be 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. 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. Publisher's Affidavit. State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the secretary of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 6th, 13th, 20th days of January, 1964, as provided by law. /s/ Bessie K. Crowell. Subscribed and sworn to before me, this 22nd day of January, 1964. /s/ Mildred N. Lazenby, Notary Public, Georgia State at Large. My Commission Expires Oct. 18, 1967. (Seal). Notice of Intention to Introduce Local Legislation. Page 3053 Notice is hereby given of intention to apply to the January, 1964 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; 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. Approved March 18, 1964. CITY COURT OF ALBANYJURISDICTION, ETC. REDEFINED. No. 957 (House Bill No. 1087). An Act to amend an Act entitled An Act to establish the City Court of Albany in and for the County of Dougherty; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties; and for other purposes., approved December 16, 1897 (Ga. L. 1897, p. 408), as amended by an Act approved December 20, 1898 (Ga. L. 1898, p. 295), an Act approved November 15, 1901 (Ga. L. 1901, p. 93), an Act approved August 5, 1904 (Ga. L. 1904, p. 114), an Act approved August 20, 1906 (Ga. L. 1906, p. 147), an Act approved August 22, 1907 (Ga. L. 1907, p. 129), an Act approved August 14, 1914 (Ga. L. 1914, p. 177), an Act approved August 7, 1915 (Ga. L. 1915, p. 61), an Act approved August 20, 1917 (Ga. L. 1917, p. 211), an Act approved July 19, 1920 (Ga. L. 1920, p. 303), an Act approved July 18, 1925 (Ga. L. 1925, p. 346), an Act approved July 19, 1927 (Ga. L. Page 3054 1927, p. 378), an Act approved February 15, 1933 (Ga. L. 1933, p. 287), an Act approved February 25, 1949 (Ga. L. 1949, p. 2035), an Act approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2161), an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2402), an Act approved March 7, 1955 (Ga. L. 1955, p. 2850), an Act approved March 5, 1957 (Ga. L. 1957, p. 2408), an Act approved March 13, 1957 (Ga. L. 1957, p. 3326), and an Act approved March 21, 1958 (Ga. L. 1958, p. 2926), so as to redefine the jurisdiction of said court; to provide that said court shall have jurisdiction of certain misdemeanor cases; to provide for a judge, his election, qualifications, and the manner of filling vacancies; to provide for a judge pro hac vice; to prohibit the judge from practicing law; to provide for the place of holding court and the furnishing of certain office space and supplies by the county; to provide a salary for the judge; to provide the punishment for contempts; to provide for the removal from office of the judge; to provide for a clerk, his compensation, and deputies; to provide the duties of the clerk; to provide for a sheriff, bailiffs, and constables; to provide for a solicitor for said court; to provide for terms of court; to provide the procedure, pleading, and practice to be employed in said court; to provide for costs and fees and their disposition; to provide who may file suits in said court; 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 entitled An Act to establish the City Court of Albany in and for the County of Dougherty; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties; and for other purposes., approved December 16, 1897 (Ga. L. 1897, p. 408), as amended by an Act approved December 20, 1898 (Ga. L. 1898, p. 295), an Act approved November 15, 1901 (Ga. L. 1901, p. 93), an Act approved August 5, 1904 (Ga. L. 1904, p. 114), an Act approved August 20, 1906 (Ga. L. 1906, p. 147), an Page 3055 Act approved August 22, 1907 (Ga. L. 1907, p. 129), an Act approved August 14, 1914 (Ga. L. 1914, p. 177), an Act approved August 7, 1915 (Ga. L. 1915, p. 61), an Act approved August 20, 1917 (Ga. L. 1917, p. 211), an Act approved July 19, 1920 (Ga. L. 1920, p. 303), an Act approved July 18, 1925 (Ga. L. 1925, p. 346), an Act approved July 19, 1927 (Ga. L. 1927, p. 378), an Act approved February 15, 1933 (Ga. L. 1933, p. 287), an Act approved February 25, 1949 (Ga. L. 1949, p. 2035), an Act approved February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2161), an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2402), an Act approved March 7, 1955 (Ga. L. 1955, p. 2850), an Act approved March 5, 1957 (Ga. L. 1957, p. 2408), an Act approved March 13, 1957 (Ga. L. 1957, p. 3326), and an Act approved March 21, 1958 (Ga. L. 1958, p. 2926), is hereby amended by striking in its entirety all of that portion of said Act which follows the Title, and all amendatory Acts thereto, and substituting in lieu thereof the following: Be it enacted by the General Assembly of Georgia: Section 1. An Act approved December 16, 1897, establishing the City Court of Albany, and the acts amendatory thereof, are hereby amended in their entirety, so that they will hereafter read as follows: Section 2. The City Court of Albany and the judge thereof shall have all powers to do all acts which justices of the peace are now or may hereafter be authorized to do under the laws of Georgia, shall have jurisdiction as to subject matter to try and dispose of all cases wherein by law jurisdiction is conferred upon justices of the peace and justice courts, and said jurisdiction therein and thereover as to the amount shall extend to all cases wherein the principal amount shall be one thousand ($1,000.00) dollars or less. All proceedings and procedures not limited to but including those relative to pleadings, issuance of summons and warrants, committal hearings, trial by the court, trial by jury and appeal and certiorari shall be the same as is now or may hereafter be provided for justices of the peace and justice courts under the laws of this State, except as otherwise Page 3056 provided in this Act. Jurisdiction, etc. Section 3. The City Court of Albany and the judge thereof shall also have jurisdiction and power to receive pleas of guilty or of nolo contendere and impose sentence upon defendants charged with the violation of the penal provisions of any and all laws of this State, now in force or hereafter enacted, where the penalty for the offense does not exceed that of the grade of misdemeanor, provided the defendant shall first waive in writing a trial by jury. Such jurisdiction and power of said court and the judge thereof shall extend over and throughout the whole and entire county of Dougherty and shall be exercised in the same manner as in superior courts, and under the same rules of practice and procedure as are now or may hereafter be provided by law in and for the superior courts of Georgia. Criminal cases. Section 4. Said court shall have like powers and jurisdiction in regard to any ordinance, law or regulation adopted by the board of commissioners of roads and revenues of Dougherty County, if and when said board may be empowered to adopt such ordinances, laws or regulations. Ordinances. Section 5. The judge of the subject court shall hold office for terms of four years; and the judge shall be elected in the same maner as other county officers are now and or may hereafter be elected. Should any vacancy occur in the office of judge, the ordinary of the county shall, by appointment, fill such vacancy until a special election can be called by the ordinary to fill the vacancy; and such ordinary shall call an election to be held within thirty days from the time such vacancy occurs. All judges elected hereunder shall hold office until their successors are elected and qualified to serve. Judge. Section 6. To qualify for the office of judge hereunder, the candidate must at all times be a licensed attorney at law not less than twenty-five years of age and he must be a member in good standing of the State Bar of Georgia. Said attorney shall also have been in the active practice of law at least two years prior to his election to the office of judge. Before entering upon the discharge of the duties of his Page 3057 office, the judge shall take and subscribe before the ordinary of Dougherty County, the following oath: Same. `I solemnly swear that I will administer justice as announced by the law and not of my person determination, 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 City Court of Albany, 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', and said oath shall be immediately forwarded to the Governor and filed in the executive department. Said judge shall have the authority and duty to issue criminal warrants, to hold commitment hearings, to bind persons charged with violations of the criminal laws of Georgia over to the Superior Court of Dougherty County, and generally to do and perform all acts and things which justices of the peace of this State are authorized to do, or may hereafter be authorized to do, and as to matters pertaining to misdemeanor cases, generally to do and perform all acts and things which judges of the superior, county, city and ordinary's courts of this State are authorized to do, unless otherwise provided in this Act. In the absence of the judge of the City Court of Albany, or during his temporary inability to act, and during the absence of a judge pro hac vice qualified to act, it shall be the duty and responsibility of the judge and solicitor of the superior court to issue such criminal warrants as may be required. And, under these circumstances, it shall be the further duty and responsibility of the superior court judge to hold such commitment trials as may be required. Judge pro hac. These duties and responsibility of the solicitor and judge of the superior court shall also apply when the volume of warrants to be written or commitment trials to be held indicates a need for assistance. Page 3058 Section 7. While holding office as judge under this Act, the judge may not practice law; he may not maintain a law office; and his name shall not be used as a part of a firm or partnership name of any law firm; he shall be subject to and governed by the canons of judicial ethics as they are now and may hereafter be set forth in the rules and regulations of the State Bar of Georgia. Any judge holding office hereunder shall be subject to impeachment under the same terms and provisions, and for the same causes, as they are now or may hereafter be enumerated in the Constitution and laws and statutes of this State with regard to superior court judges. Judge. Section 8. Said court shall be held at the courthouse of Dougherty County, or at such other adequate and convenient place as the commissioners of roads and revenues of said county may provide; and said commissioners of roads and revenues shall provide the necessary office, furniture, supplies, forms and books for keeping the dockets and records of said court. Both the judge and the clerk of the subject court are charged with the duty and responsibility of keeping adequate and complete dockets and records, which shall at all times be kept current. Courtroom supplies. Section 9. It shall be the duty of the judge of the City Court of Albany to have his office open during the usual business hours during five days of each week. Office hours. Section 10. The judge of said court shall receive a salary in the amount of $12,000.00 per annum which shall not be increased or diminished during his term of office except to apply to a subsequent term and which shall be paid monthly out of the treasury of Dougherty County. Salary. Section 11. The judge of said court shall have the power to appoint one or more practicing attorneys, who shall be residents of Dougherty County, to serve as judge pro hac vice of the City Court of Albany, to discharge the duties of his office temporarily when the judge of said court is unable or disqualified to discharge the duties of his office. When the appointment of such attorney, or attorneys, as judge pro hac vice, together with his oath, which shall be Page 3059 the same as is required of the judge of said court, have been recorded in the office of the ordinary of said county, such judges pro hac vice may exercise all the powers of the judge of the City Court of Albany. Such appointments may be vacated at any time by order of the judge of said court, to be likewise recorded. The governing authority of Dougherty County shall upon order of the judge of the City Court of Albany expend up to a total of $200.00 per month upon the compensation of all such judges pro hac vice, to be apportioned in such manner as the judge shall order. Said compensation shall be an expense of the court and shall be paid from the funds of Dougherty County available for such purposes. Judge pro hac vice. Section 12. In the event the judge of said court and the judge pro hac vice of said court are both unable or disqualified to preside in said court, then a judge pro hac vice may be selected by the parties to any cause pending in said court in the same manner as the parties might select a judge pro hac vice in the superior court. In the event the parties fail to select by agreement a judge pro hac vice, then the clerk of the City Court of Albany, or in his absence the deputy clerk, shall select a judge pro hac vice in the same manner as now or hereafter provided by law for such cases in the superior courts. Same. Section 13. The judge of said court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the judges of the superior courts of this State, or as may hereafter be vested by law in said superior court judges, except that the power and authority of the judge of said court to punish as for contempt of said court shall not exceed a fine of $100.00 or imprisonment for ten days in jail, either or both in the discretion of the court, and the matters, acts and things which may be held by said court to be contempt of court shall be the same as are now or may hereafter be prescribed within the jurisdiction of the superior courts of the State. Contempt. Section 14. In addition to being subject to impeachment as hereinbefore provided, the judge of said court Page 3060 shall be subject to removal from office for the same causes and under the same rules as provided by law for the removal of justices of the peace, except that the indictment of the judge shall operate to suspend him from office. If he shall be convicted, he shall be removed from office by the superior court and shall not receive any salary from the time of his indictment. If he shall be acquitted, he shall be restored to his office as though no indictment had been returned against him, with full salary from the time of his indictment. Impeachment, etc. Section 15. The clerk of the superior court of Dougherty County shall ex-officio be clerk of the City Court of Albany. In addition to his authority to appoint deputy clerks of the superior court of Dougherty County who would also be ex-officio deputy clerks of the City Court of Albany, he may appoint special deputy clerks whose authority as such shall be limited to performing the duties and exercising the powers of deputy clerks of the City Court of Albany. The clerk of the City Court of Albany and each of his deputy clerks shall make a bond with good security in the amount of $5,000.00 for the faithful discharge of their duties, which bonds shall be approved and recorded in the same manner as bonds of clerks of the superior courts are approved and recorded, or in such manner as such bonds may by law hereafter be approved and recorded. Such deputy clerks shall hold office at the will of the clerk of the superior court of Dougherty County. The clerk and his deputies shall be subject to rule by said City Court of Albany in the same manner as clerks are or may hereafter be subject to rule in the superior court. The appointment of such deputy clerk or clerks shall be recorded in the ordinary's office of Dougherty County and such deputy clerk or clerks, before entering upon the discharge of their duties, shall take before the ordinary the same oath as is required of clerks of the superior courts and such oath shall likewise be recorded. The judge of the City Court of Albany shall be ex-officio clerk of said court and may perform all of the duties of clerk of said court. Whenever in this Act the clerk of the City Court of Albany is authorized or required to perform any act or to do anything, the clerk of the City Court of Albany or his deputy or the judge of said court Page 3061 acting as ex-officio clerk of said court shall be authorized to perform the functions of clerk. One deputy clerk, to be designated by the clerk, and approved by the judge, shall perform all such secretarial duties as may be required by the judge. Clerk. Section 16. It shall be the duty of the clerk of said court to keep all dockets, books, and records required of said court specifically by this Act and generally by the laws of this State; to make all reports and account for all costs, fines, and forfeitures as required specifically by this Act and by the laws of this State; to have a seal for said court; to issue, sign, and attach seals thereto when necessary, every order, rule, summons, subpoena, writ, execution, process or court paper under the authority of the court except criminal warrants; to attend all sessions of the court as required by the judge thereof, and generally to do and perform all duties as clerk of said court which clerks of the superior courts may now or hereafter do, insofar as applicable to the City Court of Albany, or as required in this Act. Dockets, etc. Section 17. The clerk of the City Court of Albany shall receive such salary as may be determined by the commissioners of roads and revenues of Dougherty County. Clerk's salary. Section 18. The sheriff of Dougherty County, or his lawful deputies, shall act as bailiff and constable in and for the subject court; and they shall do and perform all duties incident to the offices of bailiff and constable. Before entering upon the duties of their office, each shall take and subscribe an oath to faithfully and diligently perform the duties thereof, and each shall have executed a bond in a sum not less than $1,000.00 for the faithful discharge of the duties of office as required under section 23-1406 of the Code of Georgia and upon which they shall be liable for the discharge of their duties as bailiffs and constables of the City Court of Albany. Such offices shall be subject to rule in said court as sheriffs are now or may hereafter be subject to rule in the superior courts. Such officers shall, in addition to the powers conferred on them as sheriffs, have any and all powers and duties now or hereafter provided by law for constables in justice courts in this State. Sheriff. Page 3062 Section 19. The Solicitor of the City Court of Albany shall continue to serve as such until the expiration of his term of office, at which time the office of the Solicitor of the City Court of Albany, as such, shall be abolished and all duties of the Solicitor of the City Court of Albany shall be discharged by the Solicitor-General of the Dougherty Judicial Circuit as ex-officio Solicitor of the City Court of Albany. Solicitor. Section 20. The terms of said court shall commence on the first Monday of each month. The judge of said court shall have power to hold court in session from day to day, and to recess the same from time to time; provided, that each term of said court shall be finally adjourned simultaneously with the commencement of the succeeding term. Terms. Section 21. In all civil cases filed or brought in said court, the procedure, pleading and practice in said court shall be the same as that now or hereafter prescribed by the laws of this State for justice courts, except as otherwise provided in this Act. Rules. Section 22. In all matters pertaining to service, pleading, and practice, the laws nor or hereafter governing the justice courts of this State, where not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to the City Court of Albany. Same. Section 23. All executions issuing from said court shall bear teste in the name of the judge and be signed by the clerk or by the judge as ex-officio clerk and be directed to the constable of said court and to all and singular the sheriffs or their deputies of the various counties of Georgia. Executions. Section 24. The costs and fees charged in said court in all cases shall be the same as are now or hereafter provided by law for justice courts and constables, except as otherwise provided herein. Costs. Section 25. Each party filing a civil suit or proceeding in said court shall deposit with the clerk of said court at the time of the filing or commencement of said proceeding Page 3063 the sum of $5.00 on costs of suit; provided, however, such deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same, and provided, further, if the party making such deposit shall finally prevail in said suit or proceedings, the amount of said deposit shall be taxed as part of the costs against the losing party defendant, and shall be refunded to the party depositing the same after all costs have been paid. Costs. Section 26. An accurate record of all costs, fees, forfeitures and charges in said court shall be kept by the clerk of the court, and all costs, fees, and charges of every kind collected by any of the officers of the court shall be immediately turned over to the clerk of the court and entered at once by the clerk on his records, and on or before the fifth day of each month it shall be the duty of the clerk to furnish the commissioners of roads and revenues of Dougherty County a complete, accurate, and sworn statement of all such costs, charges, fees, fines, forfeitures and collections and to pay over all of the monies collected to the treasurer of Dougherty County; and such monies so received by said treasurer from the clerk of court shall be held to the credit of the county and paid out on warrant of the said commissioners of roads and revenues of Dougherty County. Records. Section 27. It shall be the duty of the judge of the court to see that the officers of the court are diligent in the collection of costs, and to this end he shall call the issue docket of the court on some fixed day in each month and shall adopt such measures and rules as will insure the payment of costs by the party or parties liable for the same. Collection of costs. Section 28. The only individuals and legal entities who may file suits in this court shall be individuals and legal entities, or their licensed attorneys at law, who shall have a direct interest or claim in the matter brought before the court. Filing of suits. Section 29. If any section, paragraph, word, phrase, sentence, provision, or part of this Act shall be declared Page 3064 unconstitutional, the remainder shall remain in full force and effect. Severability. Section 30. This Act shall take effect June 1, 1965. Section 31. All laws and parts of laws in conflict with this Act are hereby repealed. 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, 1964, session of the General Assembly of Georgia, a bill to amend an Act approved December 16, 1897, (Ga. L. 1897, p. 406), entitled An Act to establish the City Court of Albany, in and for the County of Dougherty; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes, and to amend all Acts amendatory thereof, so as to redefine the jurisdiction and powers of the subject court; to change the provisions of the Act relating to the election, appointment, compensation, duties, powers, and qualifications of the judge and other officers thereof; to redefine and change the rules of pleading, practice, and procedure therein; to abolish the office of solicitor of said court; to give the court concurrent jurisdiction with justices of the peace and notaries public ex-officio justices of the peace; to give the court a limited degree of concurrent jurisdiction with the Superior Courts; to repeal any conflicting laws; and for other purposes. This 7 day of January, 1964. /s/ A. W. Holloway Senator 12th District /s/ Colquitt H. Odom Representative, Dougherty County Page 3065 /s/ George D. Busbee Representative, Dougherty County /s/ William S. Lee Representative, Dougherty County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William S. Lee, 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 11, 18 and 25, 1964. /s/ William S. Lee, Representative, Dougherty County. Sworn to and subscribed before me, this 7th day of February, 1964. /s/ Patty Sue Hurst, Notary Public. (Seal). Approved March 18, 1964. Page 3066 GORDON COUNTYTAX COMMISSIONER PLACED ON SALARY BASIS. No. 958 (House Bill No. 1092). An Act to abolish the present mode of compensating the tax commissioner of Gordon County, known as the fee system supplemented by a salary; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of deputies, clerks, assistants and all required personnel by said officer; to provide for the compensation for such personnel; 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 present mode of compensating the tax commissioner of Gordon County, known as the fee system supplemented by a salary, is hereby abolished, and in lieu thereof an annual salary for said officer is prescribed as hereinafter provided. Salary basis. Section 2. The tax commissioner shall receive an annual salary of $7,200.00, payable in equal monthly installments from the funds of Gordon County. Salary. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in his office, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, said officer shall furnish the governing authority of the county a detailed, itemized Page 3067 statement, under oath, of all such funds received during the preceding month and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by 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. Intent. Section 5. The tax commissioner is authorized to appoint two deputies to assist him in the performance of his duties. One deputy shall receive as compensation for his services as such, a weekly salary which shall not exceed $70.00 per week, to be fixed by the tax commissioner. One deputy shall receive as compensation for his services as such, a weekly salary which shall not exceed $60.00 per week, to be fixed by the tax commissioner. Said salaries shall be paid from the funds of Gordon County. Deputies, etc. The tax commissioner is authorized to employ such additional personnel to assist him in discharging the official duties of his office as he shall deem proper. Such personnel's compensation shall be paid from county funds. However, the total compensation to be paid by the county for all such additional personnel shall not exceed $1,000.00 during any one calendar year. It shall be within the sole power and authority of the tax commissioner, during his respective term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Section 6. The necessary operating expenses of said office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, Page 3068 furniture, utilities, and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Gordon County. Supplies, etc. Section 7. It is specifically provided that the tax commissioner shall be entitled to receive and retain all of those commissions and fees formerly allowed for his services as tax commissioner in connection with all taxes levied for the year, 1964, even though such collections may be made after the effective date of this Act. Section 8. The provisions of this Act shall become effective January 1, 1965. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given of the intention to introduce legislation in the General Assembly to abolish the present mode of compensating the tax commissioner of Gordon County, known as the fee and salary system in lieu of an annual salary. Troy Causby, Representative, 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: January 20, January 27 and February 3, 1964. Page 3069 /s/ Troy Causby, Representative, Gordon County. Sworn to and subscribed before me, this 10th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 18, 1964. TIFT COUNTYPURCHASES ON COMPETITIVE BID BASIS, REFERENDUM. No. 959 (House Bill No. 1097). An Act to amend an Act creating a board of commissioners of roads and revenues for Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended by an Act approved August 7, 1920 (Ga. L. 1920, p. 63), an Act approved August 14, 1925 (Ga. L. 1925, p. 762), an Act approved August 19, 1927 (Ga. L. 1927, p. 682), an Act approved March 25, 1947 (Ga. L. 1947, p. 303), an Act approved January 31, 1951 (Ga. L. 1951, p. 2073), and an Act approved March 13, 1957 (Ga. L. 1957, p. 3233), so as to provide for a bid system for purchases and contracts by the county; to provide for the procedure connected therewith; to provide a procedure whereby bids shall not be necessary; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended by an Act approved Page 3070 August 7, 1920 (Ga. L. 1920, p. 630), an Act approved August 14, 1925 (Ga. L. 1925, p. 762), an Act approved August 19, 1927 (Ga. L. 1927, p. 682), an Act approved March 25, 1947 (Ga. L. 1947, p. 303), an Act approved January 31, 1951 (Ga. L. 1951, p. 2073), and an Act approved March 13, 1957 (Ga. L. 1957, p. 3233), is hereby amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10 to read as follows: Section 10. It shall be the duty of the board of commissioners of roads and revenues of Tift County to require competitive bids; except in cases of emergency, after due advertisement, on all purchases of material, supplies and equipment and contracts for county work involving an expenditure of $250.00 or more so as to effect the utmost economy consistent with efficiency and quality. The board may advertise in any manner it may deem advisable in any particular case. A copy of all such advertisements shall be kept on file in the office of the board for at least one week before the purchases are made or the contracts are let for inspection by the public. All sealed bids shall be addressed to the clerk of said board and shall be kept by said clerk in the office of said board until the time specified in said advertisement when they shall be opened in public and the contract shall be let to the lowest bidder, quality and material being considered. Provided, however, that no bid shall be accepted unless three bids have been submitted and unless the purchase or contract shall have been authorized by a majority vote of the commissioners of Tift County. Miscellaneous items, supplies, and small items costing less than $250.00 yearly which are authorized in the annual budget of the board of commissioners of roads and revenues of Tift County need not be purchased under the bid system unless the annual budget is exceeded. In all public advertisements for lowest bids for supplies or contract work, said commissioners shall reserve the right to reject any and all bids when it should appear that the best interests of the county require such rejection. Competitive bids. Section 2. Not less than thirty (30) nor more than sixty (60) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be Page 3071 the duty of the ordinary of Tift County to issue the call for an election for the purpose of submitting this Act to the voters of Tift 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 Tift County. The ballot shall have written or printed thereon the words: For approval of the Act to provide for a bid system for purchases and contracts by the county; to provide for the procedure connected therewith; and to provide a procedure whereby bids shall not be necessary. Referendum. Against approval of the Act to provide for a bid system for purchases and contracts by the county; to provide for the procedure connected therewith; and to provide a procedure whereby bids shall not be necessary. 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 more than one-half 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 Tift 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 election, 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. The provisions of this Act relating to the referendum shall become effective immediately upon passage and approval by the Governor. The remaining provisions of this Act shall not become effective until January 1, 1965. Effective dates. Page 3072 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 1964 Session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of roads and revenues for Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, so as to provide that purchases in excess of certain amount must be made on a bid basis; to provide the procedure connected therewith; to provide for a referendum; and for other purposes. This 18th day of January, 1964. H. B. Allen Representative, Tift County W. Frank Branch Representative, Tift County Ford Spinks, 9th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. B. Allen, who, on oath, deposes and says that he is Representative from Tift County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tifton Gazette, which is the official organ of said county, on the following dates: January 23, 1964; January 30, 1964; and February 6, 1964. /s/ H. B. Allen Representative, Tift County Sworn to and subscribed before me, this 10 day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved March 18, 1964. Page 3073 JENKINS COUNTYTERMS OF COMMISSIONERS OF ROADS AND REVENUES. No. 960 (House Bill No. 1103). An Act to amend an Act entitled An Act to establish a board of commissioners of roads and revenues for the County of Jenkins, to provide for the manner of their election, to define their powers and duties, and for other purposes., approved August 1, 1911 (Ga. L. 1911, p. 449), as amended particularly by an Act approved August 8, 1922 (Ga. L. 1922, p. 389), and an Act approved January 13, 1938 (Ga. L. 1938, 1937-38 Ex. Sess., p. 845), so as to change the terms of office of the commissioner of roads and revenues of Jenkins County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to establish a board of commissioners of roads and revenues for the County of Jenkins, to provide for the manner of their election, to define their powers and duties, and for other purposes., approved August 1, 1911 (Ga. L. 1911, p. 449), as amended particularly by an Act approved August 8, 1922 (Ga. L. 1922, p. 389), and an Act approved January 13, 1938 (Ga. L. 1938, 1937-38 Ex. Sess., p. 845), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. The board of commissioners of roads and revenues for the County of Jenkins shall consist of three (3) members who shall hold office for terms of four (4) years. Members of the board of commissioners of roads and revenues for the County of Jenkins shall be elected at the same time and in the same manner and under the same rules and regulations as other county officers are elected except as herein expressly provided. For the purpose of electing said commissioners, the County of Jenkins is hereby divided into three districts to be known as commissioner districts nos. 1, 2, and 3 as follows: Commissioner district no. 1 shall be composed of and comprise the 1634th and 1635th militia districts; commissioner district no. 2 shall Page 3074 be composed of and comprise the 1636th, 1637th and 1638th militia district; commissioner district no. 3 shall be composed of and comprise the 1639th and 1640th militia districts. Each commissioner shall be elected by the qualified voters of the county at large, but each commissioner district shall be represented on said board by a resident of such commissioner district. No person shall be a candidate for the office of commissioner who does not reside in the commissioner district which he seeks to represent. The first election to elect the commissioners herein provided for shall be held at the time of the general election in 1964, and the commissioners elected shall take office on January 1, 1965. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. To the voters of Jenkins County: This is to announce that I intend to introduce a local Bill to the 1964 Session of the General Assembly of Georgia which will change the tenure of office of members of the Jenkins County commissioners of roads and revenues from two years to terms of four years, beginning in the year 1965. A. S. Newton, Jenkins County Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. S. Newton, who, on oath, deposes and says that he is Representative from Jenkins County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Millen News, which is the official organ of said County, Page 3075 on the following dates: December 26, 1963; January 2, and 9, 1964. /s/ A. Sid Newton Representative, Jenkins County Sworn to and subscribed before me, this 10th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved March 18, 1964. AUDITS OF HOSPITAL AUTHORITIES IN COUNTIES HAVING A POPULATION OF NOT LESS THAN 50,000 AND NOT MORE THAN 75,000 PERSONS. No. 961 (House Bill No. 1113). An Act to require hospital authorities in counties having a population of not less than 50,000 nor more than 75,000 as determined by the United State decennial census of 1960 or any future decennial census to conduct a continuing and annual audit of the books and records of such hospital authorities; to provide the content of all such audits; to provide for the appointment, qualification, compensation and term of any auditor conducting such audit; to prescribe the duties of the auditor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act it shall be the duty of all hospital authorities in counties having a population of not less than 50,000 nor more than 75,000 as determined by the United States decennial census of 1960 or any later United States decennial census to conduct Page 3076 a continuing and annual audit of the financial affairs, books and records of each such hospital authority, said audit to be conducted at the end of each fiscal year of such authorities. Continuing audits. Section 2. It shall be the duty of the hospital authorities of each county provided for herein to obtain and appoint an independent certified public accountant or an independent firm of certified public accountants to conduct the audit provided for herein. The auditor so appointed shall make the audit provided for herein in accordance with generally accepted accounting principles and shall submit and complete a final report and audit no later than sixty (60) days after the close of the fiscal year of the hospital authority for which such audit is conducted. The final report of such audit shall be filed with the hospital authority of such county no later than the sixty (60) day period provided for hereinabove. Annual audits. Section 3. All audits provided for herein shall be certified to and shall include, but in no way be limited to, a full and complete audit containing a balance sheet, profit and loss statement of receipts and disbursements said audit shall list the names of any persons, firms, and corporations other than employees and professional personnel on retainer, who received any sum or sums of money from such hospital authority in excess of one hundred dollars ($100.00) per year, and shall further show the purpose or purposes for which such sums were spent. The audit so submitted shall also contain in addition to the above information a complete report from each separate department within the hospital authority, if any, which in any way received or disbursed county funds, such report to include all receipts and disbursements of each such department containing the information hereinbefore provided. Should such auditor discover any violation of the laws of Georgia or any irregularities in any of the finances or accounts of the county, it shall be the duty of such auditor immediately to report such violation or irregularity to the hospital authority of such county and to the grand jury then in session, or if no grand jury is in session, to the first convened after such violation or irregularity is discovered. Contents of certified audits. Page 3077 Section 4. It shall further be the duty of such auditor to conduct quarterly audits of the books and records of the hospital authority and to issue a written report on such quarterly audits so as to aid each hospital authority in its budgeting system. Said quarterly audits shall contain all the information provided for herein as relates to the year-end audit to be submitted by him. Quarterly audits. Section 5. All final audits shall be published, as soon as submitted, in the official newspaper of the county for which such audit was conducted in which the sheriff's advertisements regularly appear, and it shall be the duty of the hospital authority to see that such publication is made. Sufficient copies of the audit shall also be delivered to the clerk of the superior court of such county to be held by him for public inspection. The compensation of the auditor provided for herein shall be fixed by agreement between the hospital authority and the auditor selected to make such audit. No certified public accountant or firm of certified public accountants shall be employed as auditors for any hospital authority to make more than two consecutive annual audits. After a lapse of at least one yearly audit following any such employment for a period of two years any certified public accountant or firm of certified public accountants shall be eligible for reemployment. Publication of audits. Section 6. In the event any hospital authority shall fail or refuse to perform the duties set out above, then in that event, upon application of any person to the judge of the superior court of such county, said judge shall hear the facts as set forth and shall issue any order he deems necessary to carry out the provisions of this Act. Judge of superior court. Section 7. Nothing in this Act shall be construed to prohibit or prevent any audit or audits now provided for or conducted in any of the counties provided for by this Act, and any such audits shall continue to be made and conducted as now provided. Intent. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Page 3078 Notice of Intention to Introduce Local Legislation. Notice is hereby given of the intention to introduce local legislation to require the Floyd Hospital Authority to publish an annual certified audit of its operations in the official organ of Floyd County. State of Georgia, County of Floyd. I B. H. Mooney, Jr. do solemnly swear that I am the publisher of The Rome News-Tribune, printed and published at Rome, in the State of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of Mr. Sid Lowery was inserted in The Rome News-Tribune in space of legal advertisement on dates as follows: Jan. 22, 29, Feb. 5, 1964. /s/ B. H. Mooney, Jr. Subscribed and sworn to before me, this 25th day of January 1964. /s/ Leatha Davenport Notary Public. (Seal). Approved March 18, 1964. FULTON COUNTYEMPLOYEES PENSION SYSTEM ACT AMENDED. No. 962 (House Bill No. 1114). 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 of 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 Page 3079 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. Said Act as amended is further amended by adding thereto a new Section to read as follows: Notwithstanding any other provisions of this Act regarding the rights of any officer or employee to designate a beneficiary to succeed to his or her rights as a pensioner, the following rules shall apply: a) Any female officer or employee, having one or more dependents as hereinafter defined shall have the right to name one such dependent as beneficiary of his (her) pension benefits hereunder, the amount of such pension benefits to be the same as is presently provided. b) As used herein, a dependent shall mean a husband, step-child, mother, father, grandparent, brother, sister, grandchild, step-brother, step-sister, step-father, step-mother, mother-in-law, father-in-law, uncle, aunt, nephew or niece, who: (i) has income from all sources of less than $600 per annum; and (ii) receives more than fifty (50%) per cent of his or her support from the officer or employee. c) A dependent beneficiary shall become ineligible to receive further pension benefits, and such benefits shall terminate upon the occurrence of any one of the following events: (i) such beneficiary has income from all sources other than pension payments hereunder in excess of $600.00 per annum, (ii) the pension benefits paid hereunder provide less than fifty (50%) per cent of the support of such Page 3080 beneficiary, (iii) such beneficiary, if a minor, marries or reaches the age of eighteen (18) years, or (iv) such beneficiary dies. d) The fact of dependency as defined in paragraph (b) above must be established to the satisfaction of the Board, (i) at the time that the officer or employee seeks to designate said dependent as beneficiary, and (ii) at such other times, before and at the time such pension benefits become payable to such dependent beneficiary, as the Board may require. After the dependent beneficiary has begun to receive pension benefits, he or she shall establish his or her eligibility to continue receiving benefits at such times as the Board may require. e) The officer or employee shall have the right to change his or her designation of a dependent beneficiary at any time. f) Nothing herein contained shall be construed to alter the provisions of this Act, as amended, requiring a male officer or employee to designate his wife or minor child or children, so long as shall have either a wife or minor child or children, unmarried, and under the age of eighteen (18) years. Section 2. Said Act as amended is further amended by adding thereto, a new section which shall read as follows: In this Act, the masculine gender shall be construed to include a female, and the feminine gender shall be construed to include a male, where the context so requires. Section 3. Any officer or employee coming under the terms of this Act who is in the employment of Fulton County prior to the effective date of this amendment may elect to come under the provisions of this amendment by making written application to the Pension Board. The applicant must agree in writing to accept the benefits and obligations of this amendment, in lieu of other pension benefits and obligations under this Act, as amended. Provided, however, that in no event shall the designated beneficiary receive Page 3081 less than a beneficiary would have received under this Act, as amended, prior to this amendment. Section 4. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this Act be 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 to be held unconstitutional. Section 6. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Publisher's Affidavit. State of Georgia,County of Fulton. Before me, the undersigned, a notary public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the secretary of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 27th day of December, 1963, and on the 3rd, 10th, 17th, 24th and 31st days of January, 1964 and on the 7th day of February, 1964 as provided by law. /s/ Bessie K. Crowell Notice of Intention to Apply for Legal Legislation. Notice is hereby given of intention to introduce at the next Session of the General Assembly of Georgia, which convenes on January 13, 1964, legislation to amend the Act approved March 3, 1939, (Ga. L. 1939, p. 571) authorizing the board of commissioners of roads and revenues of Fulton Page 3082 County to establish rules and regulations governing the payments of pensions to county employees of said county. This December 27th, 1963. /s/ Harold Sheats County Attorney Subscribed and sworn to before me, this 7th day of February, 1964. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission Expires Oct. 18, 1967. (Seal). Approved March 18, 1964. POLK COUNTYCOMPENSATION OF CORONER. No. 964 (House Bill No. 1135). An Act to amend an Act placing the coroner of Polk County on a salary basis, approved March 17, 1958 (Ga. L. 1958, p. 2656), so as to change the salary of the coroner of Polk County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the coroner of Polk County on a salary basis, approved March 17, 1958 (Ga. L. 1958, p. 2656), is hereby amended by striking from section 1 thereof the words and figures seven hundred twenty ($720.00) dollars per annum, payable in equal, and by inserting in lieu thereof the words and figures one hundred dollars ($100.00) per month, payable in, so that when so amended said section 1 shall read as follows: Section 1. The coroner of Polk County is hereby placed on a salary basis in lieu of a fee basis. He shall be compensated Page 3083 in an amount of one hundred dollars ($100.00) per month, payable in monthly installments from the funds of Polk County. Said sum shall be in lieu of all fees, costs, percentages, allowances and any other perquisites of whatever kind as are now or may hereafter be provided by law to be received by the coroner. All fees and any other monies shall henceforth be collected by the coroner for the benefit of Polk County, and shall be the property of Polk County and shall be turned over by the coroner to the fiscal authority of Polk County. The coroner shall, when turning over such funds to the county, accompany same with an itemized statement as to the sources from which such funds were collected. Section 2. The effective date of this Act shall be January 1, 1965. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1964 Session of the General Assembly of Georgia, a bill to change the compensation of the clerk of Polk County Superior Court, Polk County ordinary, solicitor of the City Court of Polk County, judge of the City Court of Polk County, Polk County coroner, Polk County sheriff, and Polk County tax commissioner; and for other purposes. This 9th day of January, 1964. /s/ John Harvey Moore Representative, Polk County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Harvey Moore, who, on oath, deposes and says that he is Representative from Polk County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in Page 3084 The Cedartown Standard, which is the official organ of said county, on the following dates: January 9, 16 and 23, 1964. /s/ John Harvey Moore Representative, Polk County. Sworn to and subscribed before me, this 10th day of Feb., 1964. /s/ Janette Hirsch Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 18, 1964. DOUGLAS COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 965 (House Bill No. 1151). An Act to amend an Act creating a board of commissioners of roads and revenues of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 2701), so as to change the compensation of the members of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved March 17, 1960 (Ga. L. 1960, p. 2701), is hereby amended by striking from section 7 the symbol and figures $6,000.00 and $2,400.00 and substituting in lieu thereof the symbol and figures $10,000.00 and $3,600.00, respectively, so that when so amended section 7 shall read as follows: Page 3085 Section 7. The chairman shall be compensated in the amount of $10,000.00 per annum and shall be reimbursed for expenses incurred in the performance of his official duties, but not to exceed $50.00 per month. The chairman shall devote full time to the duties of his office. The two other members of the board shall be compensated in the amount of $3,600.00 per annum and shall be reimbursed for expenses incurred in the performance of the duties of the board but not to exceed $25.00 per month. The compensation and expenses of the chairman and other members of the board shall be paid in equal monthly payments from the funds of Douglas County. The expenses of all members of the board shall be subject to the approval of the entire board. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that there will be introduced at the January, 1964 Session of the General Assembly of Georgia, a bill to place all elected officials of Douglas County on the salary system, instead of the fee system; and for other purposes. /s/ A. A. Fowler, Jr. Representative Douglas County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. A. Fowler, Jr., who, on oath, deposes and says that he is Representative from Douglas County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel, which is the official organ of said County, on the following dates: January 16, 23 and 30, 1964. /s/ Alpha A. Fowler, Jr. Representative, Douglas County. Page 3086 Sworn to and subscribed before me, this 11th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved March 18, 1964. CITY OF BRUNSWICKCORPORATE LIMITS. No. 966 (House Bill No. 1154). An Act to amend the charter of the City of Brunswick in the County of Glynn; to extend the present corporate limits of said city so as to include therein certain territory in the County of Glynn contiguous to and north, northwest and west thereof; defining the boundaries of such territory; providing that prior to the date when said territory would become a part of said city the proper city authorities may make assessments of property located in such territory for purposes of taxation so that taxation may become effective upon said territory actually becoming a part of said city, enact such tax ordinances and other ordinances, make such appropriations, and perform such other functions with regard to said territory and its inhabitants as may be necessary or expedient properly to govern said territory immediately upon its actual inclusion within the corporate limits of said city; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the charter of the City of Brunswick in the County of Glynn be, and it is, hereby amended as follows: Section 1. That the present corporate limits of the City of Brunswick hereinafter designated as city, be, and they are, hereby extended so as to include within said corporate Page 3087 limits that certain territory in the County of Glynn contiguous to and north, northwest and west of such present corporate limits as is comprised within the following boundary lines, to-wit: All that certain area within the County of Glynn and State of Georgia, lying north of and adjacent to the present corporate limits of the City of Brunswick (which present corporate limits are fully described in Georgia Laws 1937, pages 1517-1519, approved February 11, 1937) described and bounded as follows, to-wit: Beginning at the point of intersection of the easterly line of Altama Avenue with the southerly line of Cypress Mills Road running thence south 12 degrees, 23 minutes, 26 seconds west a distance of 253.78 feet to a point; thence running south 65 degrees 57 minutes, 37 seconds west a distance of 775.5 feet to a point; thence running north 67 degrees, 21 minutes, 23 seconds east a distance of 747.1 feet to the southerly line of Cypress Mills Road; thence running south 77 degrees, 37 minutes east along the southerly line of Cypress Mills Road to the point of intersection with the easterly line of Brunswick Farms Lot No. 158 projected in a southerly direction to the southern line of Cypress Mills Road; thence running in a northerly direction along the projection of the easterly line of Brunswick Farms Lot No. 158 and the easterly line of said Brunswick Farms Lot No. 158 to the northeastern corner of said lot; thence running north 8 degrees, 25 minutes east a distance of 354.8 feet to a point; thence running north 14 degrees, 4 minutes east a distance of 270 feet to a point; thence running north 35 degrees, 19 minutes west to the westerly line of Altama Avenue; thence running in a southerly direction along the westerly line of Altama Avenue to the southern line of Suburban Estates Subdivision; thence running south 71 degrees, 15 minutes west to the westerly line of Cypress Mills Road; thence running in a northerly direction along the westerly line of Cypress Mills Road to the northeast corner of Brunswick Farms Lot No. 211; thence running south 73 degrees, 43 minutes west along the northerly line of Brunswick Farms Lot No. 211, along the northerly line of Brunswick Farms Lot No. 234 to a point of intersection of the center line of Habersham Street projected north 17 degrees, 28 minutes west from Highland Page 3088 Manor Subdivision; thence running south 73 degrees, 43 minutes west a distance of 510 feet; thence running south 08 degrees, 31 minutes east a distance of 380 feet; thence running south 87 degrees, 02 minutes east a distance of 74.55 feet; thence running south 01 degrees, 58 minutes west a distance of 298.78 feet; thence running north 87 degrees, 19 minutes west a distance of 590.50 feet to the easterly right-of-way line of Atlantic Coast Line Railroad Company; thence running south 6 degrees, 29 minutes east 691.80 feet along the easterly right-of-way line of the Atlantic Coast Line Railroad to the northern boundary line of Highland Manor Subdivision; thence running north 74 degrees, 4 minutes 26 seconds east a distance of 1,126 feet; thence running south 15 degrees, 32 minutes, 34 seconds east a distance of 307.9 feet; thence running north 74 degrees, 3 minutes, 26 seconds east a distance of 134.0 feet; thence running north 81 degrees, 25 minutes east a distance of 446.2 feet; thence running north 20 degrees, 34 minutes east a distance of 71.5 feet; thence running north 73 degrees, 43 minutes east a distance of 2,664.2 feet to the center line of Cypress Mills Road; thence running along the center line of Cypress Mills Road south 77 degrees, 35 minutes east a distance of 222.6 feet to the easterly line of Altama Avenue; thence running in a southerly direction along the easterly line of Altama Avenue to the point of beginning on the southerly line of Cypress Mills Road. The corporate limits of the City of Brunswick, including the above described territory, are hereby redefined as follows: That the corporate limits of the City of Brunswick shall continue to be and the same are hereby defined as follows, to-wit: The northern boundary line shall begin at the intersection of a certain creek, commonly called Dart's Narrows or Cut, and the waters of Back River, and shall run thence due west along that line traced, surveyed and marked by Charles S. Wylly and E. A. Meader, Surveyors, and reported on the 19th day of September, 1896, by said surveyors to the Mayor and Council of the City of Brunswick, and by said Mayor and Council on the 31st day of October, 1896, finally adopted as and declared to be the true northern Page 3089 boundary line of the corporate limits of said City (the true bearing of said line having been determined to be north 84 degrees, 33 minutes west, and wherever bearings are used in this section of this Act, such bearings are true, rather than magnetic bearings), to the point where said line intersects the chord having a bearing of north 10 degrees 20 minutes east on the westerly line of Glynn Avenue, also designated as U. S. Route No. 17 (which Glynn Avenue and U. S. Route No. 17 is 100 feet in width); thence running along said line of said Glynn Avenue or U. S. Route No. 17 along the chord having a bearing of north 10 degrees 20 minutes east for a distance of 39.37 feet; thence running along a chord having a bearing of north 13 degrees 40 minutes east along the westerly line of said Glynn Avenue or U. S. Route No. 17 for a distance of 450.8 feet; thence running along a chord having a bearing of north 15 degrees, 54 minutes east on the westerly line of Glynn Avenue or U. S. Route No. 17 for a distance of 105 feet; thence running north 81 degrees, 42 minutes west for a distance of 2,276.71 feet to a point; thence running south 80 degrees, 49 minutes west for a distance of 302.00 feet; thence running south 9 degrees, 37 minutes 26 seconds west for a distance of 424 feet; thence running south 72 degrees, 37 minutes, 26 seconds west 766.5 feet to the easterly line of Hampton Avenue (as shown on the map of Goodyear Park Subdivision, made by Smith and Gillespie and approved by the City Planning Board and the Commission of the City of Brunswick); and running thence northerly along said easterly line of Hampton Avenue to the center line of Fourth Street; thence running north 72 degrees 38 minutes east for a distance of 2602 feet to a point; thence running south 17 degrees, 22 minutes east for a distance of 19 feet; thence running north 72 degrees, 53 minutes east for a distance of 983.3 feet; thence running south 77 degrees east 812.4 feet; thence running north 19 degrees 30 minutes east for a distance of 602.1 feet; thence running north 85 degrees, 43 minutes west for a distance of 1189.6 feet; thence running north 9 degrees, 37 minutes west for a distance of 706 feet; thence running north 72 degrees, 56 minutes east for a distance of 692.6 feet; thence running north 17 degrees, 4 minutes west for a distance of 334 feet; Page 3090 thence running south 72 degrees, 56 minutes west for a distance of 843.3 feet; thence north 33 degrees, 7 minutes west a distance of 439.3 feet; thence running north 0 degrees, 10 minutes west for a distance of 557.9 feet; thence running south 89 degrees, 14 minutes east for a distance of 490 feet; thence running south 62 degrees, 59 minutes east for a distance of 752.4 feet; thence running north 15 degrees, 27 minutes west for a distance of 702.8 feet to a point; thence in a northerly and northwesterly direction following the center line of an abandoned tram road roadbed along a curve of a radius of approximately 450 feet; and subtended by a chord from the last mentioned point north 61 degrees 24 minutes west 640 feet to an iron pin; thence running north 71 degrees, 02 minutes, 23 seconds east for a distance of 467.6 feet; thence running north 86 degrees, 11 minutes, 23 seconds east a distance of 346.6 feet; thence running north 18 degrees, 02 minutes, 37 seconds west a distance of 571.5 feet to the southerly line of Cypress Mills Road; thence running south 77 degrees, 37 minutes east along the southerly line of Cypress Mills Road to the point of intersection with the easterly line of Brunswick Farms Lot No. 158 projected in a southerly direction to the southern line of Cypress Mills Road; thence running in a northerly direction along the projection of the easterly line of Brunswick Farms Lot No. 158 and the easterly line of said Brunswick Farms Lot No. 158 to the northeastern corner of said lot; thence running north 8 degrees, 25 minutes east a distance of 354.8 feet to a point; thence running north 14 degrees, 4 minutes east a distance of 270 feet to a point; thence running north 35 degrees, 19 minutes west to the westerly line of Altama Ave.; thence running in a southerly direction along the westerly line of Altama Ave. to the southern line of Suburban Estates Subdivision; thence running south 71 degrees, 15 minutes west to the westerly line of Cypress Mills Road; thence running in a northerly direction along the westerly line of Cypress Mills Road to the northeast corner of Brunswick Farms Lot No. 211; thence running south 73 degrees, 43 minutes west along the northerly line of Brunswick Farms Lot No. 211, along the northerly line of Brunswick Farms Lot No. 234 to a point of intersection of the center line of Page 3091 Habersham Street projected north 17 degrees, 28 minutes west from Highland Manor Subdivision; thence running south 73 degrees, 43 minutes west a distance of 510 feet; thence running south 08 degrees, 31 minutes east a distance of 380 feet; thence running south 87 degrees, 02 minutes east a distance of 74.55 feet; thence running south 01 degrees, 58 minutes west a distance of 298.78 feet; thence running north 87 degrees, 19 minutes west a distance of 590.50 feet to the easterly right of way line of A. C. L. Railroad Company; thence running south 6 degrees, 29 minutes east along the easterly right of way line of the Atlantic Coast Line Railroad to a point where the northerly line of 9th Street extended would intersect with said Atlantic Coast Line right of way; thence running north 73 degrees, 22 minutes, 23 seconds east along the northerly line of 9th Street extended to a point where the easterly line of Altama Avenue intersects with the northerly line of 9th Street extended; thence running along the easterly line of Altama Avenue south 12 degrees, 10 minutes west to the intersection of the northerly line of 4th Street; thence running westerly along said northerly line of 4th Street to the westerly line of North Cleburne Street; thence running southerly along said westerly line of North Cleburne Street to its point of intersection with the said Wylly-Meader true northerly boundary line of the corporate limits of said City; thence running due west along said true northerly boundary line (which has a bearing of north 84 degrees, 33 minutes west) to the point where said line intersects the western line of the right of way of the Atlantic Coast Line Railroad Company; thence northerly along said right of way line to the southern side of Seventh Street; thence running westerly along the southern line of Seventh Street and as said line is projected westerly, to the center line of the Brunswick and Altamaha Canal; thence running south along the center line of said Canal to the point where the center line of said Canal would be intersected by the northerly line of Second Street if prolonged westerly; thence running south 72 degrees, 37 minutes, 26 seconds west to the western line of the channel of Turtle River; thence running in an easterly direction along the westerly line of the channel in Turtle River to the south line of the Page 3092 channel in St. Simons Sound; thence running along the south line of the channel of St. Simons Sound to the outer sea buoy in the open sea; thence westerly along the northern line of the channel of St. Simons Sound to the mouth of Back River; thence up said Back River to the point or place of beginning. Section 2. The date when said territory actually becomes part of said City shall be midnight Eastern Standard Time, December 31, 1964, and thereafter the proper city authorities may make assessments of property located in such territory for purposes of taxation, so that taxation may become effective upon said territory actually becoming a part of said city; enact such tax ordinances, make such appropriations, and perform such other functions with regard to said territory and its inhabitants as may be necessary or expedient properly to govern said territory immediately upon its actual inclusion within the corporate limits of said City. Effective date. Section 3. That all laws or parts of laws in conflict with the provisions hereof be, and the same are hereby, repealed. Section 4. That attached hereto and made a part hereof, as required by the Constitution of the State of Georgia, now of force, is the certificate of the editor and general manager of the publisher of The Brunswick News, to the effect that the notice of intention to apply for local legislation, a copy of which is attached to such certificate, was published in The Brunswick News, the newspaper in which sheriff's advertisements for Glynn County, Georgia are published, in which County the City of Brunswick is located, in the issues of said newspaper of January 11, 18 and 25, 1964. State of Georgia, County of Glynn. I, C. H. Leavy, Jr., editor and general manager of The Brunswick News Publishing Company, publishers of The Brunswick News, the official newspaper in which sheriff's advertisements are published at Brunswick, Georgia, in said County and State, hereby certify that the Notice of Intention to Introduce Local Legislation, of which the annexed Page 3093 is a true copy, was published in said Newspaper on the 11, 18 and 25 days of January, 1964, as provided by law. /s/ C. H. Leavy, Jr. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1964, Session of the General Assembly of Georgia a bill entitled An Act to amend the charter of the City of Brunswick in the County of Glynn; to extend the present corporate limits of said city so as to include certain territory in the County of Glynn contiguous to and north, northwest and northeast thereof; defining the boundaries of such territory; providing for a referendum to be held in said city and in the territory proposed to be annexed to determine whether this Act shall go into effect; fixing the qualifications of voters in said referendum and providing for the declaration of the result thereof; providing penalties for illegal voting; providing that prior to the date when said territory would become a part of said city, the proper city authorities may make assessments of property located in such territory for purposes of taxation, so that taxation may become effective upon said territory actually becoming a part of said city, enact such tax ordinances and other ordinances, make such appropriations, and perform such other functions with regard to said territory and its inhabitants as may be necessary or expedient properly to govern said territory immediately upon its actual inclusion within the corporate limits of said city; providing the voting qualifications of the inhabitants of said territory in all elections, general and special, held in said city next before the date of the actual inclusion of said territory within the corporate limits of said city; and for other purposes. The Commission of the City of Brunswick. /s/ Harriet S. Jennings Secretary of said City Commission Page 3094 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William R. Killian, who, on oath, deposes and says that he is Representative 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. 11, 18 and 25, 1964. /s/ William R. Killian Representative, Glynn County. Sworn to and subscribed before me, this 11th day of February, 1964. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved March 18, 1964. CITY OF DAWSONVILLEMAYOR AND COUNCILMEN. No. 968 (House Bill No. 1191). An Act to amend an Act incorporating the City of Dawsonville (formerly Town of Dawsonville), in the County of Dawson, and to prescribe the duties and powers of the officers thereof, approved August 17, 1883 (Ga. L. 1882-1883, p. 295), as amended, so as to provide for the election of the mayor and four councilmen; to prescribe the manner in which such election shall be held; to provide for a qualifying fee; to provide that the mayor shall furnish a bond; to provide for the making and publishing of financial statements; to provide that the ballot shall contain the names of all qualified candidates; to repeal conflicting laws; and for other purposes. Page 3095 Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Dawsonville (formerly Town of Dawsonville), in the County of Dawson, and to prescribe the duties and powers of the officers thereof, approved August 17, 1883 (Ga. L. 1882-1883, p. 295), as amended, is hereby amended by striking section IV in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. Be it further enacted that on the second Saturday in December, 1964, and on that date annually thereafter, an election shall be held in the City of Dawsonville for a mayor and four councilmen, who shall take office on the first Monday in January, 1965, and hold such office for a period of one year and until their successors are elected and qualified. No one shall vote at such election or be eligible to the office of mayor or councilman of said city who does not reside within the corporate limits thereof and who is not qualified to vote in the general election. All elections held in and for said city shall be managed by the ordinary and in the event he is unable to hold such elections for any reason, the clerk of the superior court shall hold such elections. Said managers of the election herein provided shall receive such compensation for holding the election as prescribed by the mayor and councilmen, but not to exceed $5.00 for each election. Mayor and councilmen, elections. All persons desiring to run in the election for mayor and councilmen of the City of Dawsonville shall, between the last Saturday in October and the second Saturday in November of each year, qualify with the city clerk and designate the office which they are seeking to be a candidate. The clerk or some other person designated by him may qualify candidates as herein prescribed upon payment of a qualification fee not to exceed $5.00 for each election. After the second Saturday in November of each year and prior to one week before the election for the mayor and councilmen, the city clerk shall cause a list of the names of the candidates for mayor and councilmen to be published in the official organ of Dawson County. The cost of such ad shall be paid from funds of the City of Dawsonville. Page 3096 Before assuming the duties of his office, the mayor shall provide a bond payable to the City of Dawsonville in the amount of not less than five thousand ($5,000.00) dollars as determined by the mayor and council. The premium of such bond to be paid from the funds of the City of Dawsonville. It shall be the duty of the mayor to cause a financial statement for the City of Dawsonville to be prepared ten (10) days after December 31 each year and a copy of such financial statement shall be published in the official organ of Dawson County not later than fifteen (15) days after it is completed. Financial statement. 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 1964 Session of the General Assembly of Georgia, bill to amend an Act incorporating the City of Dawsonville (formerly Town of Dawsonville) in the County of Dawson, and to prescribe the duties and powers of the officers thereof, approved August 17, 1883 (Ga. L. 1882-83, p. 295), as amended, so as to provide for a mayor and four (4) councilmen; to prescribe the manner in which they shall be elected; to prescribe the manner in which such election shall be held; to provide a qualifying fee; to provide that all persons handling funds of said city shall furnish a bond; to provide for the making and publishing of an annual financial statement; to provide that the ballots shall contain the names of all qualified candidates; to provide for the publishing of a list of all candidates qualifying to run for the position of mayor or councilman; to provide for the procedure connected with the foregoing; and for other purposes. This 21st day of January, 1964. /s/ Ralph W. Bowen, Representative, Dawson County. Page 3097 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph W. Bowen, 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 and News, which is the official organ of said county, on the following dates: January 23 and 30, and February 6, 1964. /s/ Ralph W. Bowen Representative, Dawson County. Sworn to and subscribed before me, this 12th day of February, 1964. /s/ Patty Sue Hurst Notary Public (Seal). Approved March 18, 1964. WASHINGTON COUNTYCOMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES, AND SUPERINTENDENT OF ROADS AND BRIDGES. No. 969 (House Bill No. 1197). An Act to amend an Act entitled An Act to create a board of commissioners of roads and revenues in and for the County of Washington; to provide for the election of commissioners who shall constitute said board, to prescribe their term of office, their duties, fix their salaries and for other purposes., approved August 20, 1913 (Ga. L. 1913, p. 452), as amended, so as to change the provisions relating to the compensation and bond of the commissioners of roads and revenues; to change the provisions relating to the compensation of the superintendent Page 3098 of roads and bridges; 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 commissioners of roads and revenues in and for the County of Washington; to provide for the election of commissioners who shall constitute said board, to prescribe their term of office, their duties, fix their salaries, and for other purposes., approved August 20, 1913 (Ga. L. 1913, p. 452), is hereby amended by striking section 10 in its entirety and substituting in lieu thereof a new section 10 to read as follows: Section 10. Each of the commissioners serving under this Act shall receive as compensation a sum not to exceed one hundred fifty ($150.00) dollars per month. A majority vote of the board of commissioners shall be sufficient to establish the salary of said commissioners, provided such salary so established does not exceed the maximum herein provided. Before entering upon the performance of his duties, each commissioner shall give bond in the sum of fifteen hundred ($1500.00) dollars, payable to the ordinary of said county and his successors in office, conditioned for the faithful performance of his duties as such commissioner, which said bond shall be approved by the ordinary of said county. Compensation, bond, etc. Section 2. Said Act is further amended by striking section 16 in its entirety and substituting in lieu thereof a new section 16 to read as follows: Section 16. The said board of commissioners of roads and revenues shall have the authority to elect a superintendent of roads and bridges for said county. Said superintendent shall be a man with experience in road building and shall receive compensation of not less than two hundred twenty-five ($225.00) dollars per month and not more than four hundred twenty-five ($425.00) dollars per month, such compensation to be established within the limits herein provided by the said board of commissioners of roads and Page 3099 revenues. Said superintendent shall devote his entire time to the performance of his duties as such superintendent and shall not engage in any other business, trade or profession while acting as superintendent; for inefficiency or neglect of duty, he shall be subject to removal in the discretion of said board; before entering upon the performance of his duties, he shall give bond with good security, to be approved by said board, in the sum of five thousand dollars, conditioned for the faithful performance of his duties as such superintendent, said bond to be payable to said board and their successors in office; he shall also take oath before the ordinary of said county that he will faithfully discharge all duties devolving upon and required of him; his duties shall be such as are prescribed by said board and not inconsistent with the law. Superintendent of roads and bridges. Section 3. 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 legislation, was published in The Sandersville Progress on the following dates: January 23, 1964, January 30, 1964, and February 6, 1964. /s/ Jesse Mize, Publisher of The Sandersville Progress. Sworn to and subscribed before me, this 7th day of February, 1964. /s/ Thomas A. Hutcheson Notary Public, Washington County, Georgia My Comm. expires May 25, 1965. (Seal). Page 3100 Notice to Introduce New Legislation. Georgia, Washington County. Notice is hereby given that I will introduce legislation at the 1964 Session of the General Assembly of Georgia, to increase the salary limits of the members of the board of roads and revenues, by amending the Act of 1955, page 2356. This notice being issued upon the unanimous request of the board of roads and revenues, as shown on the minutes of a meeting held Friday, January 17, 1964. /s/ T. C. Carr, Representative Approved March 18, 1964. OFFICERS OF CERTAIN COUNTIES PLACED ON SALARY BASIS. No. 970 (House Bill No. 1203). An Act to place the clerk of the superior court, the sheriff, the coroner and the ordinary of all those counties having a population of not less than 13,100 and not more than 13,150, according to the United State Decennial Census of 1960, or any future such Decennial Census, on a salary basis in lieu of a fee basis; to provide that all fees, costs and other emoluments of each of said officers shall become the property of such county; to provide for the collection of such fees, costs and emoluments; to provide for statements; to provide for the payment of operating expenses; to provide for deputies and other personnel; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Page 3101 Be it enacted by the General Assembly of Georgia: Section 1. The clerk of the superior court, the sheriff, the coroner and the ordinary of each county in the State having a population of not less than 13,100 and not more than 13,150, according to the United State Decennial Census of 1960, or any future such Decennial Census, are hereby placed on a salary system in lieu of a fee system. Where applicable, officers. Section 2. The clerk of the superior court shall receive an annual salary of $8,500.00 payable in equal monthly installments from the funds of such county. Clerk of superior court. Section 3. The sheriff shall receive an annual salary of $7,500.00 payable in equal monthly installments from the funds of such county. Sheriff. Section 4. The ordinary shall receive an annual salary of $7,500.00 payable in equal monthly installments from the funds of such county. Ordinary. Section 4A. The coroner shall receive an annual salary of six hundred dollars ($600.00), payable in equal monthly installments from the funds of such county. Coroners. Section 5. After the effective date of this Act, said officers shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in their respective offices, and shall receive and hold the same in trust for said county as public monies, and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, each of said officers shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees, etc. Page 3102 Section 6. The clerk of the superior court is hereby authorized to appoint one deputy clerk, who shall be compensated in the amount of $3,000.00 per annum, and one clerk-typist, who shall be compensated in the amount of $1,500.00 per annum. Such compensation shall be paid in equal monthly installments from the funds of such county. Deputy clerk, etc. Section 7. The seriff is hereby authorized to appoint two deputy sheriffs, each of whom shall be compensated in the amount of $4,800.00 per annum, one jailer to be compensated in the amount of $2,600.00 per annum, and one cook to be compensated in the amount of $1,200.00 per annum. All such compensation shall be paid in equal monthly installments from the funds of such county. Deputy sheriffs, etc. Section 8. The ordinary is hereby authorized to appoint a clerk, who shall be compensated in the amount of $2,400 per annum, to be paid in equal monthly installments from the funds of such county. Clerk for ordinary. Section 9. The necessary operating expenses of each of said offices shall be paid from the funds of the county. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of each office, shall be furnished by the county and shall be paid from the funds of the county. Supplies, etc. Section 10. The official bonds of each of said officers, and the respective deputies, clerks, assistants and other personnel, as may be required by law, shall be procured by each elected officer, and the premiums and costs thereof shall be paid out of county funds. Section 11. This Act shall become effective January 1, 1965. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. Page 3103 COMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES AND CLERKS IN CERTAIN COUNTIES. No. 971 (House Bill No. 1204). An Act to provide the compensation for the commissioner of roads and revenue of any county having a population of not less than 13,100 and not more than 13,150, according to the United States Decennial Census of 1960 or any future such decennial census; to provide the compensation of the clerk of the commissioner; to provide for expenses; 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 commissioner of roads and revenue in any county of this State having a population of not less than 13,100 and not more than 13,150, according to the United States Decennial Census of 1960 or any future such decennial census, shall be compensated in the amount of $8,500 per annum to be paid in equal monthly installments from the funds of such county. The commissioner shall also be reimbursed for his travel expenses incurred in connection with the performance of his duties. The commissioner is hereby authorized to employ a clerk who shall be compensated in an amount of $3,600 per annum to be paid in equal monthly installments from the funds of such county. Where applicable, salaries. Section 2. All the provisions of any local Act relating to the commissioner of roads and revenue and amendments thereto, applying to any such county shall continue to apply to the commissioner of roads and revenues of such county unless in conflict with the provisions of this Act. Intent. 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. Approved March 18, 1964. Page 3104 WALKER COUNTY DEVELOPMENT AUTHORITY. No. 972 (House Bill No. 1210). An Act to create the Walker County Development Authority; to provide the powers, authority, funds, purposes, organization and procedures connected therewith; to provide for appointment of members of said Authority; to provide for the duties and powers of the County of Walker with respect to said Authority; to provide for the issuance and sale of revenue bonds and the validation of such bonds; to provide for the exemption applicable to said Authority; to provide that this Act shall be known as and may be cited as the Walker 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 Walker 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 Walker County Development Authority, created by Article VII, Section V, Paragraph I of the Constitution of the State of Georgia, as amended, and by this Act. Definitions. (2) The words Governing Authority of Walker County shall mean the Commissioner of Roads and Revenue of Walker County his successors or such other governing Authority that may be hereafter provided for the administering of the affairs of Walker County. (3) The words undertaking, project, undertaking or project or undertaking and project, shall be deemed to mean and include property, real or personal, acquired or held by the Authority for the assistance, promotion, Page 3105 establishment or development of a new industry or industries, or the assistance, promotion or expansion of existing industry, trade or commerce in Walker 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; the construction, installation or expansion of one or more buildings, plants, or articles of equipment and for appurtenant facilities; for the purpose of using, selling, donating, leasing or renting such land, properties, improvements, structures or equipment to public or private persons, firms, corporations 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 or contracted for; the cost of financing charges or interest or both prior to and during construction; architectural, accounting, engineering, inspection, fiscal and legal expenses; cost of plans and specifications; any other expenses necessary or incident to construction or improvements to determine the feasibility or practicability of the project, administrative expenses, or the acquisition, construction, equipping or operating any project or any part thereof. Section 3. The Walker County Development Authority created by Article VII, Section V, Paragraph I of the Constitution of the State of Georgia, as amended, is hereby constituted a body corporate and politic which shall be deemed an instrumentality of the State of Georgia and a public corporation. Its scope and jurisdiction is limited to the territory embraced by Walker County. Constituted. Section 4. The Authority shall consist of seven (7) members and they shall be as follows: The Commissioner of Roads and Revenue of Walker County, a member appointed by the governing body of Chichamauga, a member appointed by the governing body of Rossville, a member appointed by the governing body of LaFayette, a member appointed by the Kiwanis Club of Chattanooga Valley and two members from the county at large appointed by the five Page 3106 members named above. Each member shall be twenty-one years of age. Notwithstanding the foregoing qualifications, the Commissioner of Roads and Revenue of Walker County shall be eligible to serve. Members, etc. All members appointed to the Authority shall serve for a term of two years and shall be eligible to be reappointed. The first members of the Authority shall be appointed within thirty (30) days from the date of the approval of this Act and shall take office on April 15, 1964. Section 5. The Authority shall have for its purposes the development, promotion and expansion of industry, commerce, agriculture, natural resources and a vocational training and the making and promulgation of long range plans for the coordination of such development, promotion and expansion within its territorial limits, all of said purposes which are hereby declared to be for the public good and general welfare. The powers herein conferred are for the accomplishment of all things necessary or desirable in attaining the purposes of the Authority. 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, Walker 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 Walker 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. Revenue bonds. Page 3107 Section 7. The Authority shall be an institution of purely public charity and an industrial development agency and is hereby authorized and qualified to receive loans, grants, donations, gifts and other assistance not limited to but including those from municipal, county, state and federal governmental agencies. The Authority shall not be operated for profit. Gifts. Section 8. Walker 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 9. The Authority shall have the following powers, which are not definitive, but which are hereby declared to be in addition to any other powers or authority derived from the Constitution, this Act or any other applicable law: (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 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. (4) To receive and administer gifts, own, improve, expand, develop, operate, maintain, sell, donate, lease as lessor or lessee, mortgage, pledge, convey to secure debt, or otherwise encumber or dispose of land, buildings, equipment, furnishings, or property of all kinds, real or personal, within Walker County, Georgia, and to make a contract or contracts and to execute any instrument or document for the accomplishment thereof, or other purposes. Page 3108 (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 to exercise 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, whether or not self-liquidating, 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 from any contributions or loans by instrumentalities, persons, firms, or corporations, all of which the Authority is hereby authorized to accept, receive 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 such other instruments as may be necessary or convenient to evidence and secure such borrowing. (11) To issue and sell revenue bonds as hereinafter provided. (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 Page 3109 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 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. (16) To do all things necessary and convenient to carry out the powers expressly conferred by this Act upon the Authority. Section 10. Revenue Bonds . (a) Same; issuance; types; security . Said Authority is hereby authorized to provide by resolution for the issuance and sale of negotiable revenue bonds, for the purpose of paying all or any part of the cost of the acquisition, construction, alteration, repair, modernization and other costs of project incident thereto in connection with any of its facilities or projects, and to pay off or refinance any outstanding debt or obligation of any nature owed by said Authority, and shall likewise have power to issue refunding bonds. Said Authority may issue such types of bonds as may be determined by the members of said Authority, including bonds on which principal and interest are payable: (1) exclusively from incomes or revenues of the operation of the projects of the Authority financed with the proceeds of such bonds or together with such proceeds and grants from any instrumentality or other person or corporation in Page 3110 aid of such projects; (2) exclusively from income and revenues of certain designated projects; or (3) from revenues of the Authority generally. Any such bonds may be additionally secured by mortgage of the project or any part thereof consisting of real or personal property of the Authority. (b) Same; personal liability of members; not a debt of city, county, or State; exemption from taxation . Neither the members of the Authority nor any person executing bonds on behalf of the Authority shall be personally liable thereon by reason of the issuance thereof. The bonds and other obligations of the Authority shall not be, (and shall so state on the face thereof) a debt of any municipality, the County of Walker, or the State of Georgia. Bonds of the Authority are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempt from all taxes. (c) Same; Validation . Bonds of the Authority shall be confirmed and validated in the Walker Superior Court in accordance with the procedure of the Revenue Bond Law of 1937, as amended, and when validated the judgment of validation shall be final and conclusive with respect to such bonds and against the Authority issuing the same. The petition for validation shall be brought against said Authority and, in the event that any payments to be made by any city, town, municipality or county, under contract of lease, or other contract, entered into between said Authority and such political subdivision, are pledged to the security or payment of revenue bonds sought to be validated, such subdivision or subdivisions shall be made a party or parties defendant to the action and shall be required to show cause, if any exist, 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 on such subdivision or subdivisions to defend against an adjudication of the validity and binding effect of such contract or be forever bound thereby. Notice of such proceedings shall be included in the notice of validation hearing required to be issued and Page 3111 published by the Clerk of the Superior Court of Walker County in which such validation proceeding shall be initiated. Any resident of any subdivision which is a party to such contract may intervene in the validation proceedings at or before the time set for the validation hearing by order of the Superior Court, and assert any ground of objection to the validity and binding effect of such bonds and the security therefor and of such contract on his own behalf and on behalf of all citizens, residents and property owners of such subdivision or subdivisions. An adjudication as to the validity of such contract, unexcepted to within the time provided for exceptions in the Revenue Bond Law of 1937, as amended, shall be conclusive and binding upon such subdivision or subdivisions and the resident citizens and property owners thereof. (d) Same; authorization; series, maturity; interest . Bonds of the Authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide, and in case any of the members or officers of the Authority whose signatures appear on any bond or coupon shall cease to be such members or officers before the delivery of such bonds, such signatures shall nevertheless be valid and sufficient for all purposes. (e) Same; procedure to enforce rights of holders; default; appointment of Trustees . Obligations of the Authority evidenced by bonds and trust indentures and mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the Authority and the Authority may in such instruments provide for the pledging of all or any part of its gross or net fees, tolls, charges, revenues and incomes and mortgaging of all or any part of its real or personal property Page 3112 and covenant against pledging any or all of its income, revenues, tolls, charges, or fees and to further provide for the disposition of proceeds realized from the sale of any bonds and for the replacement of lost, destroyed or mutilated bonds and necessary provisions as to payment and redemption of such bonds. Undertakings of the Authority may likewise prescribe the procedure by which bond holders may enforce rights against the Authority and provide for such rights upon breach of any covenant, condition or obligation of the Authority. Trust indentures, mortgages or deeds to secure debt executed by the Authority may provide that, in the event of default by the Authority in the payment of principal and interest on bonds or obligations or trustees appointed under the terms of the indenture, mortgage or deed to secure debt, which shall be a bank or trust company authorized to exercise trust powers, may take possession and use, operate and manage any project mortgaged as security for the repayment of any indebtedness of the Authority and provide the terms and conditions upon which the trustee or trustees or holders of bonds may enforce any right relating to such bonds. Such trust indentures, mortgages and deeds to secure debt may contain such provisions as may be deemed necessary or desirable by the Authority not inconsistent with law. (f) Same; Lien status of special funds . Obligations of the Authority other than bonds shall be payable from general funds of the Authority and shall at no time be a charge against any special fund allocated to the payment of bonds except upon payment of current annual maturities and reserves thereof. (g) Same; Legal investments . Notwithstanding any restrictions on investments contained in any laws of this State, the State and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business and all executors, administrators, guardians, Page 3113 trustees and other fiduciaries may legally invest any sinking funds, monies or other funds belonging to them or within their control in any bonds or other obligations issued by the Authority pursuant to this Act, when such bonds or other obligations are secured by rentals or other monies to be paid by the United States of America or any department or agency thereof, and such bonds and other obligations shall be authorized security for all public deposits; it being the purpose of this section to authorize any persons, firms, corporations, associations, political subdivisions, bodies and offices, public or private, to use any funds owned or controlled by them, including (but not limited to) sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations: Provided, however, that nothing contained in this section shall be construed as relieving any person, firm or corporation from any duty of exercising reasonable care in selecting securities. Section 11. 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. Tax exemption. Section 12. It shall be the duty of the Authority to have all persons handling funds of the Authority full and adequately bonded for their faithful accounting for such funds. Bonds. Section 13. The Authority shall not be authorized to create in any manner any debt, liability or obligation, against the State of Georgia, Walker County, or any municipality therein. No debt, liability or obligation of the Page 3114 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 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 County of Walker or any incorporated city or town in said county, or combination thereof, the Governing Authorities of the County of Walker 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 or said municipalities or combination thereof 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 15. 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. Use of funds. Section 16. Should said Authority for any reason be dissorlved, 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 Walker 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. Property. Section 17. 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 Superior Court of Walker County, and shall be available for public inspection. Audits. Page 3115 Section 18. 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 19. 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 20. This Act shall become effective when duly adopted and signed by the Governor, except that subsection (11) of section 9 and section 10, and any other provisions of this Act relating to the issuance and sale of revenue bonds by the Authority, shall become effective upon ratification by the people in the 1964 general election of a constitutional amendment to Article VII, Section V, Paragraph I of the Constitution amending the Walker County Development Authority, or upon ratification by the people of a new constitution giving the Authority the right to issue revenue bonds, either specifically or as one of a class of similar authorities. Effective dates. 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 legislation will be introduced at the January, 1964, session of the General Assembly to provide for the organization, powers and duties of the Walker County Industrial Authority; and for other purposes. Page 3116 This 12th day of January, 1964. /s/ Bill Shaw Abney /s/ Wayne Snow, Jr. Representatives, Walker County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. and Billy Shaw Abney, who, on oath, deposes and says that they are Representatives from Walker County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger, which is the official organ of said county, on the following dates: January 15th, 22nd and 29th, 1964. /s/ Billy Shaw Abney Representative, Walker County. /s/ Wayne Snow, Jr. Representative Walker County. Sworn to and subscribed before me, this 12th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved March 18, 1964. Page 3117 COBB COUNTYCOMMISSIONER OF ROADS AND REVENUES AND ADVISORY BOARD. No. 973 (House Bill No. 1229). An Act to amend an Act entitled An Act to create a commissioner of roads and revenues for Cobb County; To provide for the election of the same; to define his powers and duties; to fix his compensation, and for other purposes approved August 7, 1924 (Ga. L. 1924, p. 314), as amended, so as to change the provisions relating to the oath and bond of the commissioner; to change the provisions relating to the purchases and purchasing power of the commissioner and advisory board; to change the method of recall of the commissioner; to establish certain departments to be inferior to the commissioner; to establish the department of finance of Cobb County; to provide for the powers, duties, obligations, and composition of the department of finance; to provide for an annual budget; to provide for limitations on the powers and duties of the commissioner and advisory board; to provide for auditing; to provide for a Cobb County comptroller; 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 create a commissioner of roads and revenues for Cobb County; to provide for the election of the same; to define his powers and duties; to fix his compensation, and for other purposes approved August 7, 1924 (Ga. L. 1924, p. 314), as amended, is hereby amended by striking section 2 of said Act in its entirety and by substituting in lieu thereof a new section 2 to read as follows: Section 2. Before entering upon the discharge of his duties, the commissioner shall subscribe an oath before the ordinary of said county for the true and faithful performance of his duties and that he is not the holder of any public funds unaccounted for. In addition, he shall further give a satisfactory surety bond to be judged by the ordinary of Page 3118 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. The costs of said bonds shall be paid out of the county treasury. Oath and bond. Section 2. Said Act is further amended by striking section 12 in its entirety and by inserting in lieu thereof a new section 12 to read as follows: Section 12. Bids shall be received for any work, equipment, material, or supplies upon full specifications in reference thereof, whenever the cost of any such work material, equipment, or supplies exceeds seven thousand five hundred dollars ($7,500.00). In the event any purchases exceed the sum of seven thousand five hundred dollars ($7,500.00) then advertisements for bids shall be first published for two consecutive weeks in the official organ of Cobb County and formal sealed bids shall be received after such time. In any such case when the sum exceeds seven thousand five hundred dollars ($7,500.00) then the contract shall be awarded to the person submitting the lowest bid. Advertisement and the obtaining of formal sealed bids may be dispensed with when, in the discretion of the commissioner and advisory board, an emergency exists which will not permit of delay. Bids for certain work, etc. It shall be unlawful for the commissioner or any member of the advisory board of Cobb County to have any financial interest in the sale or purchases of any article to or from the county, or to receive any rebate, expense account, transportation, or other valuable consideration in connection with or through the purchase of any equipment, material, or supplies for the county or the awarding of any contract, and if either of said persons shall violate any of the provisions of this section, he shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as for a misdemeanor and shall forfeit his office and such conviction shall create a vacancy in the office he holds. Same, crimes. Section 3. Said Act is further amended by striking section 15 in its entirety and by substituting in lieu thereof a new section 15 to read as follows: Page 3119 Section 15. The 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-five (25%) percent 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 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-five (25%) percent 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 (30) 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 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 Page 3120 (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. Recall. Section 4. Said Act is further amended by adding after section 20 new sections to read and be numbered as follows: Section 21. The internal organization of the county government hereby established subordinate to and as administrative instrumentalities of the commissioner of roads and revenues and advisory board shall be divided into the following departments: 1. Finance. 2. Water and sewer. 3. Public works. 4. Public safety. 5. Fire. Departments. 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, except that the department of finance shall be maintained at all times as a separate and distinct department. Section 22. The department of finance shall be under the supervision and control of the Cobb County comptroller. The comptroller shall be appointed by the commissioner and advisory board 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, Page 3121 or municipal governmental agency. His compensation shall be fixed by the commissioner, but shall not be less than $7,500 per annum, nor more than $12,500 per annum, payable monthly. The department of finance shall pursuant to the resolutions adopted by the commissioner and advisory board, perform the following functions: Comptroller. (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. (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 Page 3122 a means of financing those requirements and advise the commissioner and advisory board on financial matters. (11) Perform such other duties as may be assigned by the commissioner and/or advisory board. Section 23. The comptroller shall be ex-officio clerk of the commissioner and advisory board, and shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders and proceedings of the governing authority, in chronological order, and a similar book of minutes wherein shall appear, in chronological order, all acts, orders and proceedings of the commissioner and advisory board. The minute books of the commissioner and advisory board 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 commissioner in an amount sufficient to defray the cost of preparing same. Same. Section 24. The comptroller shall submit annually to the commissioner and advisory board, 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 commissioner and advisory board 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 commissioner and advisory board at the first regular meeting in February of the year to which it applies, which budget, when so adopted or amended, shall constitute the appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the commissioner and advisory board 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 comptroller shall be accompanied by a report containing Page 3123 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 comptroller to the grand jury of the superior court of Cobb County within ten (10) days from the time such budget or amendment thereof is adopted by the commissioner and advisory board. Budget. Section 25. No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the commissioner and advisory board. The commissioner 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. Expenditures. Section 26. The commissioner and advisory board 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 commissioner and advisory board at least quarterly. Each quarterly and annual report submitted to the commissioner and advisory board shall be filed with the department of finance and be made available to public inspection as other records in such office. The commissioner and advisory board 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 commissioner and advisory board. Audits. Section 27. It shall be unlawful for any candidate, either for the office of commissioner or member of its Page 3124 advisory board, 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 commissioner and advisory board, and any person so offending shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in the Code of Georgia. Crimes. Section 28. Neither the commissioner nor any member of the advisory board nor 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. Same. Section 5. This Act shall become effective on January 1, 1965. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Pursuant to applicable provisions of Georgia Law respecting notice of intention to introduce local legislation, notice is hereby given that there will be introduced at the 1964 Session of the General Assembly an Act to amend an Act creating and establishing the office of the Cobb County commissioner and advisory board, (1924 Ga. L. p. 314, et seq., as amended), and for other purposes. Page 3125 This 14th day of January, 1964. Robert E. Flournoy, Jr. E. W. Teague Joe Mack Wilson Edward S. Kendrick Kyle Yancey 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 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 24, 31 and February 7, 1964. /s/ Robert E. Flournoy, Jr. Representative, Cobb County Sworn to and subscribed before me, this 13th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved March 18, 1964. Page 3126 BULLOCH COUNTYCLERICAL HELP FOR COMMISSIONERS OF ROADS AND REVENUES. No. 974 (House Bill No. 1235). An Act to amend an Act creating a board of commissioners of roads and revenues for Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3040), an Act approved March 7, 1960 (Ga. L. 1960, p. 2313), and an Act approved March 6, 1961 (Ga. L. 1961, p. 2177), so as to change the provisions relating to clerical help; 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 Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, particularly by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3040), an Act approved March 7, 1960 (Ga. L. 1960, p. 2313), an Act approved March 6, 1961 (Ga. L. 1961, p. 2177), is hereby amended by striking from section 2 the following: and the chairman and clerk of said board shall have the right to expend a sum not to exceed three thousand dollars ($3,000.00) per annum for one employee, and a sum not to exceed one thousand two hundred dollars ($1,200.00) for another employee, to be paid, as are all other sums mentioned herein, from the county treasury. and inserting in lieu thereof the following: and the chairman and clerk of said board shall have the right to expend a sum not to exceed three thousand six hundred dollars ($3,600.00) per annum for one employee, to be paid, as are all other sums mentioned herein, from the county treasury. Page 3127 so that when so amended section 2 shall read as follows: Section 2. The salary of the chairman and clerk of said board shall be six thousand five hundred dollars ($6,500.00) per annum, payable in equal monthly installments; and the salary of the other two board members shall be nine hundred dollars ($900.00) per annum each, payable in equal monthly installments. The chairman and clerk shall devote full time to the duties of his office. The said board shall have the right to expend five hundred dollars ($500.00) per annum for the use of the chairman in providing for his transportation over the county while on county business; and the chairman and clerk of said board shall have the right to expend a sum not to exceed three thousand six hundred dollars ($3,600.00) per annum for one employee, to be paid, as are all other sums mentioned herein, from the county treasury. 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 1964 Session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of roads and revenues for Bulloch County, approved August 11, 1924 (Ga. L. 1924, p. 290), as amended, so as to change the provisions relating to clerical help; and for other purposes. This 20th day of January, 1964. Jones Lane Representative, Bulloch County Paul E. Nessmith, Sr. Representative, Bulloch County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jones Lane and Page 3128 Paul Nessmith, who, on oath, deposes and says that they are Representatives from Bulloch County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bulloch Herald, which is the official organ of said County, on the following dates: January 30, February 6 and February 13, 1964. /s/ Jones Lane Representative, Bulloch County /s/ Paul E. Nessmith, Sr. Representative, Bulloch County Sworn to and subscribed before me, this 13th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved March 18, 1964. TOWN OF DANVILLECHARTER AMENDED. No. 975 (House Bill No. 1254). An Act to amend an Act establishing a new charter for the Town of Danville, approved August 15, 1922 (Ga. L. 1922, p. 725), so as to provide for fire districts in said city and fire regulations therein; to provide for the issuance of revenue bonds for the construction, improvement and extension of a system of waterworks, sewers, gas and electric plants; to authorize the town to operate and maintain a system of waterworks; and any other public utility; to provide for the regulation of vehicles and their speed in said town; to provide for a town fire department; to provide for condemnation of private property for public purposes; to provide for city parks Page 3129 and recreational areas; to provide for a city waterworks superintendent; attorney, and other officers, their oaths, bonds and for their compensation; to provide in the mayor and council full and complete power to do and perform all acts necessary and proper for the welfare of said town, and for the exercises of powers and duties herein conferred; to repeal all conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same as follows: That on and after the effective date of this Act the charter of the Town of Danville as established by an Act of the General Assembly of the State of Georgia approved August 15, 1922, (Ga. L. 1922, pp. 725), be and the same is hereby amended in the following particulars, to-wit: Section 1. By striking section 26 of said charter and inserting in lieu thereof, the following: Section 26: Be it further enacted, that said mayor and council are authorized to enact any and all ordinances, rules, and regulations, necessary to lay out and prescribe a fire district in said town 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, stovepipes and flues are to be constructed; to provide for fire escapes in said buildings; and generally to do all such things and to pass such laws and ordinances as the mayor and council may deem necessary in order to protect said town as far as possible from fire, and to prevent the spread of fire from one building to another, and for the protection of and safety of the people. They shall also have the authority to order any changes in the construction or arrangement of building, 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 of the removal, which expense may be Page 3130 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 town, the mayor and council may order such building removed or altered and if such persons, firm or corporation shall not remove or alter said buildings after notice to do so, as may be prescribed, when 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 volorem taxes are enforced. Fire districts. Section 2. By adding to said charter a new section which, when enacted, shall read as follows: Section 41: Be it further enacted, that said town by and through its mayor and council, shall have full power and authority to acquire, construct, reconstruct, improve and extend a system of waterworks, a system of sanitary sewerage, a system of street lights, whether gas or electric, or both, a facility for the generation, purchase, or distribution of electric power, and other like revenue producing projects and systems, to maintain and operate the same; to prescribe, revise, fix and collect taxes, fees, tolls, and charge for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities to do all the things and acts authorized by the Revenue Anticipation Laws of 1937, of this State, and Acts amendatory thereof. Utilities. Section 3. By adding to said charter a new section which, when enacted, shall read as follows: Section 42: Be it further enacted that said mayor and council of said Town of Danville, shall have full power and authority to erect, construct, equip and maintain in said town a system of waterworks, a system of sanitary sewerage, a system of street lights, whether gas or electric, or both, a facility for the generation, purchase, or distribution Page 3131 of electric power, and other like revenue-producing projects or systems, and to that end shall have full power and authority to acquire by purchase, gift or condemnation proceedings all necessary lands, easements, water supplies and franchises. Same. Section 4. By adding to said charter a new section which, when enacted, shall read as follows: Section 43: Be it further enacted by the authority aforesaid, that the mayor and council is authorized and empowered to enter into a contractual relationship with other neighboring towns or cities, for itself alone or to be jointly operated for the purpose of selling, furnishing and distributing water, gas, electric lights, sewerage, or electric power, and any other utility or service, together with the facilities to furnish and supply said service and utility within three miles of the corporate limits of said town. The mayor and council is authorized and empowered to make contracts for the purchase of electric energy, power and current for its use and redistribution; to generate and manufacture the same; to contract for the purchase, installation and maintenance of any and all machinery, facilities, and equipment the town council may deem necessary. That the said town shall have the right to obtain by purchase, gift or condemnation such rights of way and easements as may be necessary for the purposes as provided for in this section. Same. Section 5. By adding to said charter a new section which, when enacted, shall read as follows: Section 44: Be it enacted by the authority aforesaid, that the mayor and council shall have full power and authority to regulate the running, speed and parking of buses, trucks, automobiles, trailers, engines, trains and other vehicles within the limits of said town and upon the streets, railroads, alleys or other places in said town. Traffic. Section 6. By adding to said charter a new section which, when enacted, shall read as follows: Page 3132 Section 45: Be it further enacted by the authority aforesaid, that the mayor and council of said town are authorized to enact any and all ordinances, rules and regulations necessary to provide for the establishment, equipment and maintenance of a fire department. Fire department. Section 7. By adding to said charter a new section which, when enacted, shall read as follows: Section 46: Be it further enacted, that the mayor and council of said Town of Danville 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 or any public building, reservoir, or structures necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or systems, 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 mayor and council shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executors, administrators, 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 8. By adding to said charter a new section which, when enacted, shall read as follows: Section 47: Be it further enacted that the mayor and council of said town are hereby authorized to own and regulate parks, either within or without said City; to establish, control and govern a municipal market in the said town; to own or contribute to the support and maintenance of Page 3133 swimming pool, golf links, parks and playgrounds, either within or without the corporate limits of said town. Parks. Section 9. By adding to said charter a new section which, when enacted, shall read as follows: Section 48: Be it further enacted that the mayor and council of Danville, Georgia, are authorized and empowered to elect a health officer, building inspector, chief of fire department, city physician, city attorney, city engineer, city waterworks department superintendent; and such other officers and employees as said mayor and council deem necessary for the Town of Danville. Officers. Section 10. By adding to said charter a new section which, when enacted, shall read as follows: Section 49: The mayor and council shall have the right to enact all ordinances necessary and proper for the existence and welfare of said town. Ordinances. Section 11. 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 1964 session of the General Assembly of Georgia, a bill to amend the charter of the City of Danville, Georgia, as enacted by Georgia Laws 1922, page 725, so as to provide for fire districts in said city and fire regulations therein; to provide for the issuance of revenue bonds for the construction, improvement and extension of a system of waterworks, sewers, gas and electric plants; to authorize the city to operate and maintain a system of waterworks; and any other public utility; to provide for the regulation of vehicles and their speed in said city; to provide for a city fire department; to provide for condemnation of private property for public purposes; to provide for city parks and recreational areas; to provide for a city waterworks superintendent; attorney, and other officers, their oaths, bonds and for their compensations; to provide in the Mayor Page 3134 and Council full and complete power to do and perform all acts necessary and proper for the welfare of said city, and for the exercises of powers and duties herein conferred; to repeal all conflicting laws, and for other purposes. This 21st day of January, 1964. Georgia E. Davidson, Mayor City of Danville Georgia, Twiggs County. Personally appeared before me, the undersigned officer authorized to administer oaths, J. E. Beck, 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: January 24th, January 31st, and February 7, 1964. /s/ J. E. Beck Sworn to and subscribed before me, this 15th day of February, 1964. /s/ Patty Sue Hurst Notary Public, Georgia State at Large. My Commission expires Dec. 31, 1967. (Seal). Approved March 18, 1964. Page 3135 CITY OF ROSSVILLEAD VALOREM TAX RATE. No. 976 (House Bill No. 1259). An Act to amend the charter of the City of Rossville, as amended, approved April 4, 1963 (Ga. L. 1963, p. 2988), so as to authorize the mayor and council to assess, levy and collect an ad valorem tax not exceeding $1.50 on every $100.00 of the assessed value upon all property within said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved April 4, 1963 (Ga. L. 1963, p. 2988), amending the charter of the City of Rossville, is hereby amended by striking the same in its entirety and inserting in lieu thereof the following: Section 2. For the purpose of raising revenues for the support and maintenance, and operation of the government of the City of Rossville, including the payments of bonds, interest on the bonded indebtedness, and the creation of a sinking fund for the final extinguishment of said bonded debt, the mayor and council of Rossville shall have the power and authority to assess, levy and collect an ad valorem tax on all real and personal property owned or held within the corporate limits of said city, which under the laws of this State is subject to taxation, not exceeding $1.50 on every $100.00 of the assessed value of all such property. Ad valorem tax vote. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. This is to certify that notice of local legislation to authorize the mayor and council of the City of Rossville, County of Walker to levy and collect taxes as set out in the proposal, was published in the Walker County Messenger, the official organ of Walker County, in its issues of January 29, Feb. 5th and Feb. 12th, 1964, copy of which is hereby attached. /s/ E. P. Hall Publisher Page 3136 Sworn to and subscribed before me, this the 12th day of February, 1964. /s/ Betty Lou Hall Notary Public. My Commission expires July 31, 1964. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1964 session of the General Assembly of Georgia a Bill to amend the charter of the City of Rossville, as enacted by Georgia Laws 1963 Session, page 2988, approved April 4, 1963, so as to authorize the Mayor and Council to levy and collect a tax not exceeding $1.50 on every $100.00 of the assessed value upon all property within said City; and for other purposes. This 25th day of January, 1964. Paul Ellis, Mayor City of Rossville, Georgia Approved March 18, 1964. FULTON COUNTYSELECTION OF TAX COMMISSIONER. No. 988 (Senate Bill No. 288). To be entitled an Act to amend an Act approved February 21, 1951, (Ga. L. 1951, p. 3006, et seq.) which is an Act to consolidate the offices of tax receiver of Fulton County and the office of tax collector of Fulton County into the office of tax commissioner of Fulton County; to fix the effective date of such consolidation; to create the office of chief deputy tax commissioner of Fulton County and to define his privileges and duties; to provide the method of selection of the tax commissioner of Fulton County and of the chief deputy tax commissioner of Fulton County; to define the duties, obligations, rights, powers and Page 3137 privileges of each such officer, and for other purposes so as to provide that the person holding the position of tax commissioner of Fulton County shall be selected by the county manager of Fulton County and the appointment shall be completed when transmitted in writing to and entered on the minutes of the board of county commissioners of Fulton County; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the Act approved February 21, 1951, (Ga. L. 1951, p. 3006, et seq.) and all acts amendatory thereto be and the same are amended as follows: Section 1. Section 5 of said Act is amended by striking the same in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. The successor in office to the tax commissioner shall be selected by the county manager in said county and the appointment shall be completed when transmitted in writing to and entered on the minutes of the board of county commissioners of Fulton County. The first such appointment for a full term shall be made during the month of September, 1964, the appointee to hold office for a four year term beginning January 1, 1965, and ending December 31, 1968, and thereafter the appointments for full terms shall be made as heretofore provided in the month of September of the last year of encumbents terms of office. Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 3. A copy of the Notice of Intention to Introduce Local Legislation is attached hereto and made a part of this Bill and it is hereby declared by the authority aforesaid that all the requirements of law relating to the Notice of Intention to apply for the passage of local legislation have been complied with for the amendment of this law. See Enrolled Act for affidavit and advertisement. Approved March 18, 1964. Page 3138 CITY OF HAPEVILLEEMPLOYEES PENSION SYSTEM AMENDED. No. 989 (Senate Bill No. 318). An Act to amend an Act approved September 16, 1891, entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes and the several Acts amendatory thereof, so as to provide greater scope and equity in the retirement program for the employees of the City of Hapeville. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved September 16, 1891, entitled An Act to Incorporate the City of Hapeville, Georgia, and for other Purposes, and the several acts amendatory thereof, be and the same are hereby amended as follows: Section 1. Notices of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisement for this locality is published, namely, The Fulton County Daily Report, once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this 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. That so much of the charter as amended of the City of Hapeville as is codified in section 65 of the charter and general ordinances of the City of Hapeville adopted October 6, 1959, and published by order of mayor and council be and the same hereby is deleted and the following substituted therefor: Section 65. Same-Retirement The maximum retirement benefits shall be $150.00 to be paid monthly on the first of each month, commencing on the first day of the month following the retirement of the employee; and to be eligible for the maximum benefits a covered employee Page 3139 must have served continuously for a period of 30 years. An employee may retire, however, at the end of 25 years service and be paid benefits of $125.00 per month, provided he has not reached the maximum retirement age. Retirement of an employee at any time after such employee has 25 years service with the City of Hapeville shall be increased at the rate of $5.00 per year for each completed year after 25 years of service, but no credit shall be given for retirement after 30 years of service. Should an employee reach the age of 65 years having served less than 25 years with the City, such an employee shall receive pro rata benefits based on the number of years of service and the number of years required for maximum benefits as recommended by the pension and retirement board of the City of Hapeville and approved by mayor and council, all such benefits provided herein to be paid to the said employee until his or her death, provided such employee shall have been employed by the City of Hapeville for a total of 15 years immediately prior to his or her reaching the age of 65. Section 3. That so much of the charter as amended of the City of Hapeville as is codified in section 66 of the charter and general ordinances of the City of Hapeville adopted October 6, 1959, and published by order of mayor and council be and the same hereby is deleted and the following substituted therefor: Section 66. Same-Surviving Spouse . At the death of an employee in the classified service of the city and where such death, in the judgment of the pension and retirement board, is not attributable to suicide or any misconduct on the part of the employee, the surviving spouse and/or minor children shall be entitled to receive on proper application to the city clerk the same retirement benefits of which said deceased employee in the classified service of the City of Hapeville would have been entitled had he or she not met death; provided, however, that if such spouse at the time of the death of the employee shall be in a dependent status in the judgment of the pension and retirement board, then such dependent spouse of the deceased employee may draw such benefits commencing on the first Page 3140 day of the month following that in which said employee dies, or the first of the month following the application for said benefits as made by the said surviving spouse, whichever occurs later, and shall continue until the remarriage or death of the said surviving spouse, or until on the basis of the annual earnings of such surviving spouse the pension and retirement board shall rule that the state of dependency no longer exist. The foregoing shall apply to employee in the classified services who have a minimum of 15 years total service with the City of Hapeville. In the event an employee in the classified service is unmarried, he or she may designate a beneficiary to receive at the death of such employee in a lump sum any amount paid into the pension and retirement Fund by said employee, but not including any interest or any contributions by the City, such amount to be payable upon application by such beneficiary or his or her legal representative within 90 days thereafter. Section 4. That so much of the charter as amended of the City of Hapeville as is codified in section 68 of the charter and general ordinances of the City of Hapeville adopted October 6, 1959, and published by order of mayor and council, be and the same hereby is deleted and the following substituted therefor: Section 68. Same-Disability . Any employee covered by this Act who is disabled to the extent that in the judgment of the pension and retirement board he or she is unable to carry on his or her normal or comparable duties with the city under conditions which in the judgment of the pension and retirement board shall constitute `line of duty', such employee shall be eligible for full retirement benefits provided he or she has at least 15 years total service with the city. By full retirement benefits is meant that amount of pension which such employee would normally be entitled to receive had he continued in the employment of the city until he or she had reached mandatory retirement age. If such employee suffers such injury or disability sufficient to render him incapable of continuing employment with the city which is considered not in the `line of duty' but which is not deemed by the pension and retirement Page 3141 board to be attributable to his or her own misconduct, he or she shall be entitled to such pro rata benefits as the pension and retirement board shall recommend after proper investigation and as mayor and council shall approve. The foregoing provision with respect to the spouse and/or minor children of an employee shall apply until January 3, 1964. Section 5. That if any clause, sentence, paragraph, or any part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Act. Section 6. That all laws and parts of laws in conflict with this Act be and the same are hereby expressly repealed. See Enrolled Act for affidavit and advertisement. Approved March 18, 1964. USE OF VOTING RECORDERS, ETC. IN CERTAIN COUNTIES. No. 992 (Senate Bill No. 340). An Act to provide for the use of voting recorders and tabulating machines for recording and computing votes at all elections, including any regular, special, primary, or general elections whether state, county, municipal, city, town, village or special district, or any election at which votes are cast for the nomination or election of public and party officials and for and against measures, in any and all counties of the State of Georgia having a population of 250,000 and not more than 500,000, according to the United States Census of 1960, by action of the county commissioners of any such county; prescribing requirements which must be met for the purchase, lease, procurement and use of voting recorders and tabulating machines; prescribing rules and regulations for the conduct Page 3142 of elections held with voting recorders and tabulating machines; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions . The following words, when used in this Act, shall have the following meanings: (a) Vote recorder means a device into which a ballot card may be inserted so that a voter may record his vote for any candidate and for or against a measure by punching or marking the ballot card. (b) Ballot labels means the cards, paper, pages or other material placed on a vote recorder to show the names of offices and candidates and statements of measures to be voted on. (c) Ballot card means the tabulating or punch card upon which the voter records his vote. (d) Tabulating machine means any data processing machine used in counting the ballot cards and tabulating the votes thereon. (e) Elections means any regular, special, primary, general, whether state, county, municipal, city, town, village or special district, or any election at which electors may cast votes for the nomination or election of officials and for and against measures presented to the electorate for approval or disapproval. Section 2. That in any election, as defined in section 1 of this Act, hereafter held in any counties in this State having a population of more than 250,000, and not more than 500,000, according to the United States Census of 1960, votes may be cast and tabulated by means of vote recorders and tabulating machines. Use may be made of such vote recorders in one or more election precincts of any county hereinabove referred to. Where applicable, etc. Page 3143 Section 3. That the board of commissioners of roads and revenues of the counties meeting the population qualifications set forth in section 2 of this Act may purchase, lease or otherwise procure, and provide for use in any election, as defined in section 1 of this Act, vote recorders whereby voters may record their votes by punching or marking ballot cards designed for counting by tabulating machines. Procurement. Section 4. No system of using vote recorders and tabulating machines shall be used in any election unless it meets the following requirements: (a) It shall permit and require voting in absolute secrecy, so that no person can see for whom any other voter has voted or is voting, except a person, assisting an illiterate or disabled voter as provided by law. Requirements. (b) It shall permit each voter, at other than primaries, to vote a straight party or body ticket in one operation, and, in one operation, to vote for all the candidates of one party or body for presidential electors, and, in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which he votes for individual candidates. (c) It shall permit each voter, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination. (d) It shall permit each voter to vote, at any election, for any person and for any office for whom and for which he is lawfully entitled to vote, whether or not the same of such person or persons appears upon a ballot label as a candidate for election, and to vote for as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote. (e) It shall permit and be used only in connection with procedures which effectively prevent the casting or counting of votes not authorized by law. Page 3144 (f) The ballot labels shall be plainly printed in black ink on clear white material of suitable size and arrangement for use on vote recorders. The ballot cards shall be of suitable design and stock to permit processing in the appropriate tabulating machines. Otherwise the form of the ballot cards and ballot labels shall conform as nearly as practicable to the provisions of law prescribing the form of paper ballots. (g) It shall permit a voter who spoils or defaces a ballot card or punches or marks it erroneously to surrender such card to the election manager and receive a substitute ballot card in the same manner as now prescribed by law for spoiled paper ballots. (h) It shall be so designed and operated that an error in marking part of the ballot card will void only the erroneously marked part and not the entire ballot. (i) It shall provide for a write-in ballot whereby voters may be permitted to vote for persons whose names do not appear on the ballot label. The write-in ballot may be printed on an envelope into which the voter places his ballot card before it is deposited into the ballot box or may be printed on a separate paper or card which is inserted into such envelope with the ballot card. The design of the ballot card and the write-in ballot shall permit the managers of the election to readily determine whether a voter has cast a write-in ballot not authorized by law. (j) The vote recorder shall be constructed of material of good quality, in a neat and workmanlike manner. (k) The vote recorder shall, when properly operated, record correctly and accurately every vote cast. (l) The vote recorder shall be so constructed that a voter may readily learn the method of operating it. (m) The vote recorder shall be safely transportable. Section 5. Before each election at which vote recorders are to be used, the ordinary, or other person or persons Page 3145 charged by law with conducting the election, shall cause the vote recorders to be properly prepared for use and shall cause the managers of polling places to be properly instructed in their use. He shall also cause the vote recorders to be delivered to the polling places where they are to be used, and shall provide all necessary instructions, forms and supplies required for the proper use of the vote recorders. One or more vote recorders may be used in a polling place. Procedure. Section 6. Before each election at which vote recorders are to be used, the ordinary, or other person or persons charged by law with conducting the election, shall cause vote recorders to be exhibited in the same manner as now provided by law for voting machines. Exhibitions. Section 7. As soon as all voters have voted, the managers at each polling place shall: (a) Place the vote recorders under lock and seal. (b) Open the ballot box and count the total number of ballots cast. Counting of votes, etc. (c) Examine the ballot cards and separate for later counting the ballots upon which write-ins have been recorded. (d) Place other ballot cards in the ballot container to be taken to the counting center. (e) Record in ink the designation of the polling place and a serial number on all write-in ballots, starting with the number one, and place the same number on the ballot card voted by the same voter, so that write-in ballots may be identified with the corresponding ballot cards. (f) Check each write-in vote with the corresponding ballot card to ascertain if the voter has cast an unauthorized vote by voting more times than allowed for any office. In the case of such unauthorized vote, the vote cast for that office shall be marked void and shall not be counted. The ballot card of such voter shall be returned to the envelope, on which shall be written a notation that the vote or votes Page 3146 cast for the office concerned are invalid because they exceed the number allowed by law. The write-in ballot and the ballot card of such voter shall be delivered with the defective ballot cards to the counting center where a duplicate ballot card shall be made as prescribed in section 10 of this Act. (g) After the write-in votes have been counted and the returns prepared, the write-in ballots shall be placed in an envelope plainly marked Write-in Ballots. The designation of the polling place and the number of write-in ballots contained therein shall be placed on such envelope, which shall be sealed and signed by the managers of the polling place. (h) Any ballot card that is so torn, bent or mutilated that it may not be counted by the tabulating machine, shall be placed in an envelope marked Defective Ballots and placed in the container with other ballot cards. Section 8. Upon completion of the count of write-in votes, the managers of the polling place shall prepare and sign a return in duplicate on a form provided for that purpose, showing: (a) The number of valid ballot cards, including any that are damaged. Write-in votes. (b) The number of write-in ballots voted, and the tally of the write-in votes. (c) The number of spoiled and invalid ballot cards. (d) The number of unused ballot cards. The managers shall then place one copy of the return, the voted ballot cards, defective, spoiled, and invalid ballot cards, and write-in ballots, each enclosed in envelopes, in a suitable container which shall be sealed and signed by the managers so that it cannot be opened without breaking the seal. The managers shall deliver the container to the counting center, or other place designated by the ordinary or Page 3147 other person or persons charged by law with responsibility of conducting the election, and shall receive a receipt therefor. The duplicate copy of the return and other election supplies, unused ballot cards, records, vote recorders, and other materials shall be disposed of in the same manner as similar materials used in connection with voting machines or paper ballots. Section 9. The ballot cards shall be counted at one or more counting centers under the direction of the ordinary or other person or persons charged by law with the responsibility of conducting the election. At the counting center the seal on each container of ballot cards shall be inspected and certified that it has not been broken before the container is opened. The ballot cards and other contents of the container shall then be removed, and the ballot cards shall be prepared for processing by the tabulating machine. The ballot cards of each polling place shall be plainly identified and not comingled with the ballot cards of other polling places. Counting of ballot cards. Section 10. If it appears that a ballot card is so torn, bent or otherwise defective that it cannot be processed by the tabulating machine, a true duplicate shall be prepared for processing with the ballot cards of the same polling place. All duplicate cards shall be clearly labeled by the word Duplicate and shall bear the designation of the polling place and a serial number, which shall also be recorded on the defective card. Any ballot card delivered by the managers with the notation that the votes cast for a particular office are invalid shall be duplicated in the same manner, except that the invalid vote shall not be recorded on the duplicate ballot. Same. Section 11. At least three days prior to the election day the ordinary, or other person or persons charged by law with the responsibility of conducting the election, shall have the tabulating machines tested to ascertain that they will correctly count the votes cast for all officers and on all measures. Public notice of the time and place of the test shall be made at least forty-eight hours prior thereto. Representatives of the political parties, candidates, the Page 3148 press, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards so punched or marked as to record a pre-determined number of valid votes for each candidate and on each measure, and shall include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the tabulating machine to reject such votes. The tabulating machine shall not be used until it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected, and an errorless count shall be made before the machine is approved for use. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. Testing of tabulating machines. Section 12. The official returns of the votes cast on ballot cards at each polling place shall be printed by the tabulating machine, to which shall be added the votes of absentee voters and write-in votes. The returns thus prepared shall be certified and promptly posted as provided by law. The official returns for the election may be printed by the tabulating machine, to which are added the tally of write-in and absentee votes, and shall be canvassed and certified as provided by law. The ballot cards, write-in ballots, spoiled, defective and invalid ballots and returns shall be disposed of in the same manner as provided by law for paper ballots. Returns. Section 13. That any election officer, manager or other person who shall violate any of the provisions of this Act, or who shall tamper with, or injure, or attempt to injure, any voting recorder to be used in or being used in any election, or who shall prevent or attempt to prevent, the correct operation thereof shall be guilty of a misdemeanor. Crimes. Section 14. That except as modified by the provisions of this Act, the laws regulating general, regular, special, primary, and other elections, where not inconsistent with this Act, shall apply to all such elections held in counties adopting and using vote recorders under the provisions of this Act. Intent. Page 3149 Section 15. That it is hereby declared to be the intention of the General Assembly of the State of Georgia that, if this Act cannot take effect in its entirety, because of the judgment of a court of competent jurisdiction holding unconstitutional any section, paragraph or clause thereof, the remaining portions of this Act shall be given full force and effect, as completely as if the section, paragraph or clause held unconstitutional had not yet been included herein. Severability. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 18, 1964. USE OF VOTING RECORDERS, ETC. IN CERTAIN COUNTIES. No. 994 (Senate Bill No. 351). An Act to provide for the use of voting recorders and tabulating machines for recording and computing votes at all elections, including any regular, special primary, or general elections whether state, county, municipal, city, town, village or special district, or any election at which votes are cast for the nomination or election of public and party officials and for and against measures, in certain counties of the State of Georgia by action of the county commissioners of any such county; prescribing requirements which must be met for the purchase, lease, procurement and use of voting recorders and tabulating machines; prescribing rules and regulations for the conduct of elections held with voting recorders and tabulating machines; to provide for the expiration of this Act; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions .The following words, when used in this Act, shall have the following meanings: Page 3150 (a) Vote recorder means a device into which a ballot card may be inserted so that a voter may record his vote for any candidate and for or against a measure by punching or marking the ballot card. (b) Ballot labels means the cards, paper, pages or other material placed on a vote recorder to show the names of offices and candidates and statements of measures to be voted on. (c) Ballot card means the tabulating or punch card upon which the voter records his vote. (d) Tabulating machine means any data processing machine used in counting the ballot cards and tabulating the votes thereon. (e) Elections means any regular, special, primary, general, whether state, county, municipal, city, town, village or special district, or any election at which electors may cast votes for the nomination or election of officials and for and against measures presented to the electorate for approval or disapproval. Section 2. That in any election, as defined in section one of this Act, hereafter held in any counties in this State having a population of more than 500,000, according to the United States Census of 1960 or by any such future census, votes may be cast and tabulated by means of vote recorders and tabulating machines. Use may be made of such vote recorders in one or more election precincts of any county hereinabove referred to. Where applicable, etc. Section 3. That the board of commissioners of roads and revenues of the counties meeting the population qualifications set forth in section two of this act may purchase, lease or otherwise procure, and provide for use in any election, as defined in section one of this act, vote recorders whereby voters may record their votes by punching or marking ballot cards designed for counting by tabulating machines. Procurement. Page 3151 Section 4. No system of using vote recorders and tabulating machines shall be used in any election unless it meets the following requirements: (a) It shall permit and require voting in absolute secrecy, so that no person can see for whom any other voter has voted or is voting, except a person, assisting an illiterate or disabled voter as provided by law. Requirements. (b) It shall permit each voter, at other than primaries, to vote a straight party or body ticket in one operation, and, in one operation, to vote for all the candidates of one party or body for presidential electors, and, in one operation, to vote for all the candidates of one party or body for every office to be voted for, except those offices as to which he votes for individual candidates. (c) It shall permit each voter, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination. (d) It shall permit each voter to vote, at any election, for any person and for any office for whom and for which he is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot label as a candidate for election, and to vote for as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote. (e) It shall permit and be used only in connection with procedures which effectively prevent the casting or counting of votes not authorized by law. (f) The ballot labels shall be plainly printed in black ink on clear white material of suitable size and arrangement for use on vote recorders. The ballot cards shall be of suitable design and stock to permit processing in the appropriate tabulating machines. Otherwise the form of the ballot cards and ballot labels shall conform as nearly as practicable to the provisions of law prescribing the form of paper ballots. Page 3152 (g) It shall permit a voter who spoils or defaces a ballot card or punches or marks it erroneously to surrender such card to the election manager and receive a substitute ballot card in the same manner as now prescribed by law for spoiled paper ballots. (h) It shall be so designed and operated that an error in marking part of the ballot card will void only the erroneously marked part and not the entire ballot. (i) It shall provide for a write-in ballot whereby voters may be permitted to vote for persons whose names do not appear on the ballot label. The write-in ballot may be printed on an envelope into which the voter places his ballot card before it is deposited into the ballot box or may be printed on a separate paper or card which is inserted into such envelope with the ballot card. The design of the ballot card and the write-in ballot shall permit the managers of the election to readily determine whether a voter has cast a write-in ballot not authorized by law. (j) The vote recorder shall be constructed of material of good quality, in a neat and workmanlike manner. (k) The vote recorder shall, when properly operated, record correctly and accurately every vote cast. (l) The vote recorder shall be so constructed that a voter may readily learn the method of operating it. (m) The vote recorder shall be safely transportable. Section 5. Before each election at which vote recorders are to be used, the ordinary, or other person or persons charged by law with conducting the election, shall cause the vote recorders to be properly prepared for use and shall cause the managers of polling places to be properly instructed in their use. He shall also cause the vote recorders to be delivered to the polling places where they are to be used, and shall provide all necessary instructions, forms and supplies required for the proper use of the vote recorders. One or more vote recorders may be used in polling place. Procedure. Page 3153 Section 6. Before each election at which vote recorders are to be used, the ordinary, or other person or persons charged by law with conducting the election, shall cause vote recorders to be exhibited in the same manner as now provided by law for voting machines. Exhibitions. Section 7. As soon as all voters have voted, the managers at each polling place shall: (a) Place the vote recorders under lock and seal. Counting of votes, etc. (b) Open the ballot box and count the total number of ballots cast. (c) Examine the ballot cards and separate for later counting the ballots upon which write-ins have been recorded. (d) Place other ballot cards in the ballot container to be taken to the counting center. (e) Record in ink the designation of the polling place and a serial number on all write-in ballots, starting with the number one, and place the same number on the ballot card voted by the same voter, so that write-in ballots may be identified with the corresponding ballot cards. (f) Check each write-in vote with the corresponding ballot card to ascertain if the voter has cast an unauthorized vote by voting more times than allowed for any office. In the case of such unauthorized vote, the vote cast for that office shall be marked void and shall not be counted. The ballot card of such voter shall be returned to the envelope, on which shall be written a notation that the vote or votes cast for the office concerned are invalid because they exceed the number allowed by law. The write-in ballot and the ballot card of such voter shall be delivered with the defective ballot cards to the counting center where a duplicate ballot card shall be made as prescribed in section 10 of this Act. (g) After the write-in votes have been counted and the returns prepared, the write-in ballots shall be placed in an Page 3154 envelope plainly marked Write-in Ballots. The designation of the polling place and the number of write-in ballots contained therein shall be placed on such envelope, which shall be sealed and signed by the managers of the polling place. (h) Any ballot card that is so torn, bent or mutilated that it may not be counted by the tabulating machine, shall be placed in an envelope marked Defective Ballots and placed in the container with other ballot cards. Section 8. Upon completion of the count of write-in votes, the managers of the polling place shall prepare and sign a return in duplicate on a form provided for that purpose, showing: Write-in votes. (a) The number of valid ballot cards, including any that are damaged. (b) The number of write-in ballots voted, and the tally of the write-in votes. (c) The number of spoiled and invalid ballot cards. (d) The number of unused ballot cards. The managers shall then place one copy of the return, the voted ballot cards, defective, spoiled, and invalid ballot cards, and write-in ballots, each enclosed in envelopes, in a suitable container which shall be sealed and signed by the managers so that it cannot be opened without breaking the seal. The managers shall deliver the container to the counting center, or other place designated by the ordinary or other person or persons charged by law with responsibility of conducting the election, and shall receive a receipt therefor. The duplicate copy of the return and other election supplies, unused ballot cards, records, vote recorders, and other materials shall be disposed of in the same manner as similar materials used in connection with voting machines or paper ballots. Section 9. The ballot cards shall be counted at one or more counting centers under the direction of the ordinary Page 3155 or other person or persons charged by law with the responsibility of conducting the election. At the counting center the seal on each container of ballot cards shall be inspected and certified that it has not been broken before the container is opened. The ballot cards and other contents of the container shall then be removed, and the ballot cards shall be prepared for processing by the tabulating machine. The ballot cards of each polling place shall be plainly identified and not comingled with the ballot cards of other polling places. Counting of ballot cards. Section 10. It it appears that a ballot card is so torn, bent or is otherwise defective, that it cannot be processed by the tabulating machine, a true duplicate shall be prepared for processing with the ballot cards of the same polling place. All duplicate cards shall be clearly labeled by the word Duplicate and shall bear the designation of the polling place and a serial number, which shall also be recorded on the defective card. Any ballot card delivered by the managers with the notation that the votes cast for a particular office are invalid shall be duplicated in the same manner, except that the invalid vote shall not be recorded on the duplicate ballot. Same. Section 11. At least three days prior to the election day the ordinary, or other person or persons charged by law with the responsibility of conducting the election, shall have the tabulating machines tested to ascertain that they will correctly count the votes cast for all offices and on all measures. Public notice of the time and place of the test shall be made at least forty-eight hours prior thereto. Representatives of the political parties, candidates, the press, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards so punched or marked as to record a pre-determined number of valid votes for each candidate and on each measure, and shall include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the tabulating machine to reject such votes. The tabulating machine shall not be used until it produces an errorless count. If any error is detected, the cause therefor shall Page 3156 be ascertained and corrected, and an errorless count shall be made before the machine is approved for use. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. Tests of tabulating machines. Section 12. The official returns of the votes cast on ballot cards at each polling place shall be printed by the tabulating machine, to which shall be added the votes of absentee voters and write-in votes. The returns thus prepared shall be certified and promptly posted as provided by law. The official returns for the election may be printed by the tabulating machine, to which are added the tally of write-in and absentee votes, and shall be canvassed and certified as provided by law. The ballot cards, write-in ballots, spoiled, defective and invalid ballots and returns shall be disposed of in the same manner as provided by law for paper ballots. Returns. Section 13. That any election officer, manager, or other person who shall violate any of the provisions of this act, or who shall tamper with, or injure, or attempt to injure, any voting recorder to be used in or being used in any election, or who shall prevent or attempt to prevent, the correct operation thereof shall be guilty of a misdemeanor. Crimes. Section 14. That except as modified by the provisions of this act, the laws regulating general, regular, special, primary, and other elections, where not inconsistent with this act, shall apply to all such elections held in counties adopting and using vote recorders under the provisions of this act. Intent. Section 15. That it is hereby declared to be the intention of the General Assembly of the State of Georgia that, if this act cannot take effect in its entirety, because of the judgment of a court of competent jurisdiction holding unconstitutional any section, paragraph or clause thereof, the remaining portions of this act shall be given full force and effect, as completely as if the section, paragraph or clause held unconstitutional had not yet been included herein. Severability. Page 3157 Section 16. The provisions of this Act shall expire March 1, 1965, and shall be of no force and effect after said date. Effective until March 1, 1965 only. Section 17. That all acts, or parts of acts, in conflict with the provisions of this act, are hereby repealed. Approved March 18, 1964. CITY OF COMMERCEEDUCATION STUDY COMMISSION. No. 995 (Senate Bill No. 352). 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 provide a Education Study Commission for the City of Commerce; to provide its members; to provide for the qualifications and appointment of the members of said Commission; to define the powers, authority and duties of said Commission; to provide funds for its operation; to provide for the filling of vacancies on the commission; to provide that members of the commission shall serve as members of the board of education for a specified time; to provide for their qualifications and appointment; to provide for the filling of certain vacancies; to provide the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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 adding between sections 40 and 40B a new section to be known as section 40A to read as follows: Section 40A. Notwithstanding any other provisions of this charter to the contrary, there is hereby created an `Education Study Commission' in and for the City of Commerce. The commission shall have the power and authority: Created. Page 3158 to study public education for the City of Commerce; to study the financial needs and determine future financial requirements for public education in the City of Commerce; Duties. to study school population trends; to study the attendance area as now constituted and as may develop in the future insofar as same pertains to the public school system of the City of Commerce; to study school physical facilities including buildings, their adequacy and any future needs; to study any contractual agreements now in effect and the possible need for revision of such agreements; to study the lack of financial agreements between the City of Commerce and the political subdivisions outside of the City of Commerce from which students attend the public schools in the City of Commerce; to study the future status of public education in the City of Commerce as it pertains to consolidation of schools; to study factors pertaining to public education for which the need exists; to make such other studies as may be necessary to carry out the purposes stated in this section; and to make such recommendations as are found to be in the interest of public education in the City of Commerce. The commission shall be composed of the following: The mayor of the City of Commerce who shall represent the city council; Members. A member appointed by the mayor from the city at large who shall represent the citizens of the City of Commerce; and Page 3159 A member of the board of education of the City of Commerce appointed by the mayor who shall represent the board of education. The member appointed from the city at large must be registered and qualified to vote in the City of Commerce, must be a freeholder and must be over twenty-five (25) years of age. The mayor and the member at large from such commission shall be members of the board of education of the City of Commerce, shall be entitled to all rights and privileges as other members of the board of education for a term beginning July 1, 1964, and expiring on December 31, 1966. Thereafter, no appointments shall be made to fill the vacancies of said two (2) positions. In the event of a vacancy created for any reason in the position held by the mayor, the mayor of the City of Commerce at the time of such vacancy is hereby designated to fill said vacancy. In the event of a vacancy in the position held by the member from the city at large, the mayor of the City of Commerce at the time of such vacancy shall fill the same. In the event of a vacancy on Education Study Commission held by the member of the board of education, the mayor of the City of Commerce at the time of such vacancy shall fill the same from the members of the board of education who are not members of the commission herein created. In carrying out its powers and duties, the commission shall be authorized to employ secretarial assistance, legal assistance, professional assistance and such other assistance as may be necessary; shall be authorized to contract with any person, firm or corporation for the purpose of making professional studies and for the preparation and printing of the report to be made by the commission. The commission shall meet within thirty (30) days after July 1, 1964, for the purpose of organizing and promulgating its plans. The commission shall make its report on or before December 31, 1966, at which time said commission shall stand abolished. The funds necessary for carrying out the purposes of the commission as herein stated shall be paid from the funds of the City of Commerce notwithstanding the powers of the mayor and city council or the board of education of the City of Commerce and notwithstanding the fact that such Page 3160 sum may have not been appropriated in the budget of the City of Commerce. Section 2. Said Act is further amended by adding a new section between section 40A and 41 to be known as section 40B to read as follows: 40B. The mayor of the City of Commerce on July 1, 1964, and the member of the Education Study Commission of the City of Commerce as herein created appointed by the mayor from the city at large shall be a member of the board of education of said city for a term beginning July 1, 1964, and expiring on December 31, 1966. Thereafter, no appointments shall be made to such two (2) positions. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 18, 1964. COMPENSATION TO J. F. PATTON. No. 218 (House Resolution No. 60-137). A Resolution. Compensating J. F. Patton; and for other purposes. Whereas, on October 17, 1961, a collision occurred between a Georgia State Highway Department truck and an automobile owned and operated by J. F. Patton, 1430 Palmer Road, Columbia, South Carolina; and Whereas, the driver of the State truck, an employee of the Georgia State Highway Department, was admittedly at fault; and Page 3161 Whereas, said collision was caused by the driver of the State owned vehicle in the performance of his duties as an employee of the Georgia State Highway Department; and Whereas, said collision resulted in damages to the automobile owned by J. F. Patton in the amount of one hundred forty-two dollars and sixty-four cents ($142.64); and Whereas, said collision occurred through no fault of Mr. Patton; 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 forty-two dollars and sixty-four cents ($142.64) to J. F. Patton as compensation for damages as set out above. The payment of said sum shall be in full and final satisfaction for any and all claims resulting from said collision. Said sum shall be payable from the funds appropriated to and available to the State Highway Department. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Page 3162 Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 18, 1964. COMPENSATION TO MONTE F. TROUT. No. 219 (House Resolution No. 195-580). A Resolution. Compensating Monte F. Trout; and for other purposes. Whereas, on or about March 1, 1963, Monte F. Trout was operating his 1950 Mercury automobile in a southerly direction on South Bradford Street in Gainesville, Georgia; and Whereas, Frank Fountain, operating a one and one-half ton dump truck belonging to the State Highway Department, pulled suddenly and without any warning from the State Highway maintenance shop into South Bradford Street, directly into the path of Mr. Trout's said automobile; and Whereas, said vehicles collided, causing Mr. Trout's automobile to sustain damages in the sum of $177.00; and Whereas, said collision was caused by the 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 hereby authorized and directed to pay to Monte F. Trout the Page 3163 sum of $175.35 as compensation for 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. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 18, 1964. Page 3164 COMPENSATION TO CYRUS W. HORTON IV. No. 220 (House Resolution No. 202-595). A Resolution. To compensate Cyrus W. Horton IV; and for other purposes. Whereas, on October 11, 1962, at approximately 8:30 o'clock a.m., Mr. Cyrus W. Horton, IV entered the ramp on the east side of the expressway at Tenth (10th) Street located in the City of Atlanta, Fulton County, Georgia; and Whereas, said ramp is the approach to the expressway which is a part of U. S. Interstate and Defense Highway No. 75; and Whereas, after proceeding down said ramp Mr. Horton stopped his 1956 Volkswagen where the said ramp intersects the expressway because traffic traveling north on said expressway made it impossible for Mr. Horton to enter said expressway until said traffic had passed; and Whereas, the Volkswagen being operated by Mr. Horton was stopped and an automobile the same being a State Patrol automobile owned by the State of Georgia and used by The Department of Public Safety which was being operated by Mr. Wilbur C. Winkler collided with the rear of the Volkswagen being operated by Mr. Horton, severely damaging said Volkswagen particularly the rear thereof; and Whereas, the cost of repairing said damage amounts to $272.83; and Whereas, the damage to the automobile herein described belonging to Mr. Cyrus W. Horton, IV was not caused by any negligence whatsoever on his part and it is only fit and proper that he be compensated in the sum of $272.83. Page 3165 Now, therefore, be it resolved by the General Assembly of Georgia that The Department of Public Safety is hereby authorized and directed to pay the sum of $172.05 to Cyrus W. Horton IV as full compensation for damages as set forth in this Resolution. 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. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 18, 1964. Page 3166 COMPENSATION TO LAWRENCE MOORE. No. 221 (House Resolution No. 321-719). A Resolution. To compensate Lawrence Moore; and for other purposes. Whereas, on August 24, 1963, Lawrence Moore was operating his 1959 Pontiac automobile in a southerly direction on a road known as the Iron Hill Camping Ground Road some 6.8 miles south of the city limits of Cartersville, Georgia, in Bartow County; and Whereas, at the time and place aforesaid, a 1961 Ford station wagon, a vehicle of the State Game and Fish Commission, operated by William Luther Cline, a wildlife ranger, was proceeding in a northerly direction on the wrong side of the road; and Whereas, said Game and Fish Commission vehicle did strike the automobile being driven by Lawrence Moore causing damage to said automobile in the amount of $270.33; and Whereas, said damage and expense occurred through no fault or negligence on the part of Lawrence Moore 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 Game and Fish Commission is hereby authorized and directed to pay to Mr. Lawrence Moore the sum of $270.33 as compensation as set out above. Said payment shall be in full and final satisfaction of any and all claims against the State arising out of the aforesaid accident, and shall be paid from the funds appropriated to or available to the Game and Fish Commission. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, Page 3167 or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 18, 1964. COMPENSATION TO HOMER C. ALRED. No. 222 (House Resolution No. 332-747). A Resolution. To compensate Homer C. Alred; and for other purposes. Whereas, on March 19, 1963, Mrs. W. A. Ellifritz was driving an automobile belonging to Homer C. Alred and was proceeding west on the Albany-Philema Road approximately four (4) miles northest of Albany, Georgia in Lee County; and Page 3168 Whereas, a truck belonging to the Georgia Forestry Commission and being operated by an employee thereof, was being driven in the same direction in front of the Alred automobile; and Whereas, the operator of the truck turned his signal light to indicate his intention to make a right-hand turn into a side road, and Mrs. Ellifritz slowed the automobile, and after the truck drove a short distance past the side road and stopped, Mrs. Ellifritz also stopped; and Whereas, the operator of the truck backed the truck down the highway, and in spite of a warning signal of a horn by Mrs. Ellifritz, this truck backed into the front of the Alred automobile, causing damage to the automobile in the amount of $131.99; and Whereas, the accident occurred through no fault or negligence whatsoever on the part of Mr. Alred or Mrs. Ellifritz; Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Forestry Commission is hereby authorized and directed to pay the sum of $131.99 to Mr. Homer C. Alred as compensation as set out above. Said sum shall be in full and complete satisfaction of all claims against the State arising out of said occurrence and shall be paid from the funds appropriated to or available to said Department. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, Page 3169 or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 18, 1964. COMPENSATION TO J. D. HOLMES. No. 223 (House Resolution No. 341-759). A Resolution To compensate J. D. Holmes; and for other purposes. Whereas, on the 20th of September, 1962, Annie Ruth Redding, the daughter of J. D. Holmes, was operating a 1962 model, 2-door Chevrolet automobile owned by J. D. Holmes, west on U. S. Highway 82; and Whereas, when said automobile had been operated to a point approximately twelve (12) miles from George-town on a highway leading to Morris, Georgia, a rock was projected by a mower because of the operation of said mower and said mower was owned by the State Highway Department and being operated by an employee of the State Highway Department; and Whereas, the rock projected by said mower as aforesaid collided with the windshield of the 1962 model, 2-door Chevrolet automobile owned by J. D. Holmes, completely destroying said windshield and said windshield had to be replaced; and Page 3170 Whereas, the windshield was replaced by the DuncanManley Chevrolet Company, Incorporated, 123-43 North Eufaula Avenue, Eufaula, Alabama, at a total cost of $133.38 and that no part of the cost thereof was covered by any insurance; and Whereas, the accident occurred through no fault or negligence of Annie Ruth Redding and J. D. Holmes, and it is only just and proper that J. D. Holmes 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 J. D. Holmes the sum of $133.38 as compensation for damage 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 J. D. Holmes or Annie Ruth Redding resulting from the aforesaid accident. The sum herein authorized shall be payable from the funds appropriated to or available to the State Highway Department. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Page 3171 Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 18, 1964. LOCAL EDUCATION COMMISSION IN ATLANTA AND FULTON COUNTY. No. 225 (House Resolution No. 505-1246). A Resolution. To establish a Local Education Commission in Atlanta and Fulton County to study the desirability and feasibility of combining the school systems of Fulton County and of the City of Atlanta, including the portion thereof lying in DeKalb County; to provide that said Commission may draft a plan or plans for the combining of such school system and submit same to members of the General Assembly from Fulton and DeKalb Counties; to provide for the organization of said Commission; to provide for the publication of said plan or plans; to provide for allocations of funds by the Boards of Education of Atlanta and Fulton County for the operation of the Commission; to provide for authority to accept donations; and for other purposes. Section 1. There is hereby created in Fulton County and the City of Atlanta a Commission to study the desirability and feasibility of combining the school systems of Fulton County and the City of Atlanta, including the portion thereof lying in DeKalb County. Said Commission shall be known as the Local Education Commission, of said county, hereinafter referred to as the Commission. Said Commission shall be composed of nineteen (19) members, classified into the following positions: (a) two Page 3172 ex-officio positions, to be filled by the Superintendent of the Atlanta Public Schools and the Superintendent of the Fulton County Public Schools; (b) four ex-officio representative positions, which shall be filled originally by Oby Brewer, Jr., representing the Board of Education of the City of Atlanta; W. L. Robinson, representing the Board of Education of Fulton County; Earl Landers, representing the City of Atlanta government and Alan Kiepper, representing the Fulton County Commissioners; and (c) the following voting members of said Commission: Wallace H. Stewart, P. L. Bardin, Fred J. Turner, Otis M. Jackson, J. H. Cawthon, K. Kenneth Stringer, Mrs. A. L. Riter, Dr. R. H. Brisbane, Dr. L. H. Newsome, James White, Jr., Dr. James L. Miller, Jr., Wm. M. Teem III, and Thomas M. Miller. Created. members, etc. Section 2. Each individual herein named to the Commission shall serve thereon until the Commission is discharged as hereinafter provided, unless he shall refuse to serve or shall die or resign. Whenever a vacancy on the Commission results from the fact that a member refuses to serve or dies or resigns, the vacancy shall be filled by majority vote of the remaining members of the Commission as follows: if the vacancy is in a position representing one of the Boards of Education, it shall be filled by a person who is then a member of such Board; if the vacancy is in the position representing the Atlanta Chamber of Commerce, it shall be filled by a person who is then an officer thereof; if the vacancy is in one of the additional positions, it shall be filled by a citizen then residing in the City of Atlanta or in Fulton County outside the City of Atlanta. Nowithstanding anything else herein stated, if a vacancy takes place in a representative or additional position originally filled by a citizen residing in the City of Atlanta, such vacancy shall be filled by a citizen then residing in the City of Atlanta and in the county wherein the person originally filling said position resided; and if a vacancy takes place in a position originally filled by a citizen residing in Fulton County outside the City of Atlanta, such vacancy shall be filled by a citizen then residing in Fulton County outside the City of Atlanta. A majority of the persons serving Page 3173 as members of the Commission shall constitute a quorum to do business but a less number may adjourn from time to time. The Commission shall elect a Chairman, a Vice-Chairman and a Secretary-Treasurer from its membership. The Commission shall adopt, from time to time, such rules, regulations and modes of procedure as it deems expedient for the orderly dispatch of its business. The Commission shall keep minutes and records of its meetings. A monthly statement of all disbursements of the funds hereinafter provided, properly vouched for, shall be furnished to the Boards of Education of Fulton County and of the City of Atlanta. The first meeting of the Commission shall be held within 30 days after the approval of this Resolution by the Governor, at a place and time mutually agreed upon by the members thereof representing the Boards of Education of Fulton County and of the City of Atlanta. Said Boards of Education, or either of them, upon application by the Commission, shall provide suitable office space and meeting rooms for the Commission. Terms, vacancies. etc. Section 3. It shall be the function and duty of said Commission to make a study of the educational systems of Fulton County and of the City of Atlanta, including the portion thereof lying in DeKalb County, for the purpose of considering the desirability and feasibility of combining said school systems, and to submit to the General Assembly of the State of Georgia as hereinafter provided a report on the desirability and feasibility of combining said school systems, and, if the Commission should determine that it may be desirable and feasible to combine said school systems, to submit a plan or plans for the combining of such school systems. In making such study the Commission shall give full consideration to the Report of the Local Education Commission which was made pursuant to Ga. Laws 1958, p. 2842, as amended by Ga. Laws 1959, p. 2267, and such plan or plans shall include any changes in political and administrative and fiscal structure of either or both of said systems which the Commission deems desirable and feasible. Duties. Section 4. The said Commission shall have the power Page 3174 and authority to hold public hearings and any judge of the superior court upon application signed by the Chairman and Secretary-Treasurer of the Commission shall issue a subpoena for the attendance of any witness or the production of any books, papers or records. In making such study the Commission is authorized to call upon the State of Georgia or any of its agencies or institutions for any aid or assistance which can be rendered it, and to call upon the various departments of the county and municipalities, including the law departments, for such assistance. Said commission may employ such special, technical and clerical assistance, including but not limited to attorneys, accountants, actuaries, and educational consultants, as may be necessary to assemble the required data and information, to analyze the same and draft the report and the plan or plans for submission to the General Assembly as hereinafter provided. The Commission is authorized to enter into a contract with persons or agencies for providing any or all of the data and information required in carrying out the purposes of the Commission. The Commission shall reimburse the individual members of the Commission for their actual out-of-pocket expenses incurred by authority of and while on business for the Commission. Hearings, etc. Section 5. The official plan or plans, when signed by a majority of said Commission shall be filed by said Commission with the Representatives of Fulton and DeKalb Counties and the Senators of the 34th, 35th, 36th, 37th, 38th, 39th, 40th, 41st, 42nd, and 43rd Districts in the General Assembly of Georgia and with the Clerks of the superior courts having jurisdiction in Fulton and DeKalb Counties and with the City Clerk of the City of Atlanta on the first day of the next session of the General Assembly following January 1, 1965. Provided however, that if the Commission is not ready to file its final report at that time, then it shall file an interim report at that time, and shall file its final report on the first day of the next session of the General Assembly following January 1, 1966. At least 60 days prior to filing any of the aforesaid reports, the Commission shall submit a draft copy thereof to each of the aforesaid Board of Education, Page 3175 for comments and suggested revisions. The Commission shall provide for the publication of a reasonable number of copies of its plan or plans for distribution. When its final report has been filed as hereinabove provided, the Commission shall thereby be discharged. Reports, etc. Section 6. The Board of Education of the City of Atlanta is hereby authorized and directed to allocate the sum of $6,000 and the Board of Education of Fulton County is hereby authorized and directed to allocate the sum of $4,000, for the purpose of carrying out the purposes of this Resolution, which are declared to be educational functions of said Boards of Education. Requisitions for sums up to the total amounts hereby directed to be allocated shall be signed by the Chairman and Secretary-Treasurer of said Commission and shall be paid by the official in charge of the funds thus allocated. Nothing in this Resolution shall be construed to prohibit either of said Boards of Education from allocating and paying such additional sums as in its discretion it may find to be necessary to carry out the provisions of this Resolution. Expenses, etc. Section 7. The Commission is authorized to accept donations in any form from any source and use the same in any way the Commission may deem advisable to effectuate the aims and purposes of the Commission. Gifts. Section 8. It is hereby found, determined and declared that the cration of the Commission and the carrying out of its purpose is in all respects for the benefit of the people of the City of Atlanta and Fulton County and is a public purpose and that the Commission will be performing an essential educational function in the exercise of the power conferred upon it by this Resolution. Intent. Section 9. This Resolution, being for the welfare of the citizens of Atlanta and of Fulton County, shall be liberally construed to effect the purposes thereof. Same. Section 10. The provisions of this Resolution are severable and if any of its provisions shall be held unconstitutional Page 3176 by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Severability. Approved March 18, 1964. CHATTOOGA COUNTYCOMPENSATION OF ORDINARY, ETC. No. 996 (House Bill No. 12). An Act to amend an Act entitled, An Act to provide that the ordinary of Chattooga County be placed on a salary basis in lieu of a fee system of compensation; to provide for clerical help and their compensation; to provide that all fees, commissions and other compensation of the ordinary shall be paid to the fiscal authority of Chattooga County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes., approved April 5, 1961 (Ga. L. 1961, p. 3491), so as to increase the authorization for clerical compensation; to change the compensation of the ordinary; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled, An Act to provide that the ordinary of Chattooga County be placed on a salary basis in lieu of a fee system of compensation; to provide for clerical help and their compensation; to provide that all fees, commissions and other compensation of the ordinary shall be paid to the fiscal authority of Chattooga County, Georgia; to provide for an effective date; to repeal conflicting laws; and for other purposes., approved April 5, 1961 (Ga. L. 1961, p. 3491), is hereby amended by striking from section 3 the following: one thousand two hundred dollars ($1,200.00), and inserting in lieu thereof the following: two thousand four hundred dollars ($2,400.00), so that when so amended section 3 shall read as follows: Page 3177 Section 3. The ordinary may appoint such clerical help as he deems necessary. However, not more than two thousand four hundred dollars ($2,400.00) per annum shall be expended by the county for the compensation of all such employees. Clerical help. Section 2. Said Act is further amended by striking from section 2 the following six thousand dollars ($6,000.00) per annum, and inserting in lieu thereof the following seven thousand dollars ($7,000.00) per annum, so that when so amended section 2 shall read as follows: Section 2. The ordinary of Chattooga County shall receive a salary of seven thousand dollars ($7,000.00) per annum, payable in equal monthly installments out of the funds of the county. Ordinary. 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. 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 the authorization for compensation of clerical assistants in the office of the ordinary of Chattooga County; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 14th day of December, 1962. James H. Floyd, Representative, Chattooga County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James H. Floyd, who, on oath, deposes and says that he is Representative Page 3178 from Chattooga County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News, which is the official organ of said county, on the following dates: Dec. 20, and 27, 1962 and January 3, 1963. /s/ James H. Floyd, Representative, Chattooga County. Sworn to and subscribed before me, this 14th day of January, 1963. /s/ Janette Hirsch, Notary Public, Georgia State at Large. My Commission Expires Oct. 6, 1964. (Seal). Approved March 25, 1964. CITY OF LAFAYETTECHARTER AMENDED. No. 1000 (House Bill No. 1105). An Act to amend an Act amending, codifying, and consolidating the Acts incorporating the City of LaFayette, approved February 17, 1914 (Ga. L. 1914, p. 936), as amended by an Act approved August 12, 1924 (Ga. L. 1924, p. 634), an Act approved February 13, 1941 (Ga. L. 1941, p. 1579), an Act approved February 8, 1945 (Ga. L. 1945, p. 467), an Act approved February 25, 1949 (Ga. L. 1949, p. 1656), an Act approved March 7, 1955 (Ga. L. 1955, p. 3353), an Act approved March 5, 1957 (Ga. L. 1957, p. 2616), an Act approved March 17, 1958 (Ga. L. 1958, p. 2305), an Act approved January 2, 1959 (Ga. L. 1959, p. 2257), and an Act approved April 2, 1963 (Ga. L. 1963, p. 2713), so as to provide for a tax assessor; to provide that one person perform the duties of tax receiver, tax collector and city clerk; to provide that no city official need be a freeholder of the City of LaFayette; Page 3179 to provide that compensation of said officials shall be determined 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 amending, codifying, and consolidating the Act incorporating the City of LaFayette, approved February 17, 1914 (Ga. L. 1914, p. 936), as amended by an Act approved August 12, 1924 (Ga. L. 1924, p. 634), an Act approved February 13, 1941 (Ga. L. 1941, p. 1579), an Act approved February 8, 1945 (Ga. L. 1945, p. 567), an Act approved February 25, 1949 (Ga. L. 1949, p. 1656), an Act approved March 7, 1955 (Ga. L. 1955, p. 3353), an Act approved March 5, 1957 (Ga. L. 1957, p. 2616), an Act approved March 17, 1958 (Ga. L. 1958, p. 2305), an Act approved January 2, 1959 (Ga. L. 1959, p. 2257), and an Act approved April 2, 1963 (Ga. L. 1963, p. 2713), is hereby amended by striking section 15 in its entirety and inserting in lieu thereof a new section 15 to read as follows: Section 15. Be it further enacted that the mayor and councilmen shall elect, annually at the first regular meeting of the city council in January, a mayor pro tem., from their council, whose duties shall be to act in all cases in the absence, disqualification, or sickness of the mayor during which time he shall be clothed with all the necessary powers of the mayor; a treasurer, who may or may not be a member of the board of councilmen; a city marshal; one tax assessor; one person to perform the three separate duties of tax receiver, tax collector, and city clerk; and when the growth of the city may require, additional police protection; a city physician, who shall be a regular licensed physician practicing in the City of LaFayette who shall be chairman of the board of health; and a city attorney who shall be a regular practicing member of the bar of said City of LaFayette, who shall attend the sessions of the mayor and council and the mayor's court at the request of the mayor. All of said officers to be elected for one year and until their successors are elected and qualified; provided, that any of said officers may be removed at any time by a majority vote of the mayor and council for neglect of Page 3180 duty incapacity or malfeasance in office. It is not imperative that any of the above officers be freeholders of said city. The mayor may also appoint special policemen when in his judgment such appointment may be necessary. Such policemen to be discharged when the emergency requiring their service is past and to be compensated as the mayor and council may determine. While such policemen are on duty they shall have the same authority as prescribed for the regular policemen of said city. Said city treasurer, superintendent of water and light plant, tax assessor, tax collector, receiver, and city clerk, city attorney, city marshal, and city physician shall be paid such sums for their services as the mayor and councilmen may determine; the mayor and council shall have authority to prescribe by ordinance, from time to time, such other duties of the various officers of the city, as are not herein set out. 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 1964 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 concerning the subject matter of said amendment, to provide for city a tax receiver, tax assessor and tax collector; to provide for their respective duties, the way and manner of appointment, their terms of office and to provide for their removal from office, to repeal all laws in conflict therewith, and for other purposes. This 14th day of January, 1964. H. C. Derrick, Jr., Mayor, City of LaFayette, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Shaw Abney, Page 3181 who, on oath, deposes and says that he is Representative from Walker County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger, which is the official organ of said county, on the following dates: January 15, 22 and 29, 1964. /s/ Billy Shaw Abney, Representative, Walker County. Sworn to and subscribed before me, this 10th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 25, 1964. COBB COUNTYZONING LAW AMENDED. No. 1003 (House Bill No. 1117). An Act to amend an Act creating a zoning and planning system for unincorporated areas of Cobb County, Georgia, approved January 25, 1956 (Ga. L. 1956, p. 2006), as amended, so as to change the method of advertisement of plans and resolutions for zoning and planning in the affected areas of Cobb County; to provide for the manner and method of conducting public hearings on same; to provide that the governing authority of Cobb County shall conduct all hearings and make all decisions on zoning and planning; to provide for a method of appeal from final actions of the governing authority; to provide that the planning commission may, at the direction of the governing authority, make investigations and conduct other hearings; to provide that the governing authority is allowed to issue use permits; to provide the procedure connected therewith; to provide that the governing authority Page 3182 may restrict said permits as to length of time, particular persons entitled thereto and the uses to be made of property subject to such permit; to authorize the issuance of building permits; to authorize the promulgation of construction codes; to provide that every decision or act of the governing authority shall be subject to appeal; to provide for 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 zoning and planning system for unincorporated areas of Cobb County, Georgia, approved January 25, 1956 (Ga. L. 1956, p. 2006), as amended, is hereby amended by striking section 9 therefrom in its entirety and substituting in lieu thereof a new section 9 to read as follows: Section 9. That after the adoption of said comprehensive plan or zoning resolution hereinbefore provided for, the same may be altered, modified, or amended and designated areas therein changed; and the rules governing the erection and construction of buildings modified and changed, all in the following manner: Alteration of zoning. Application shall be filed by party at interest to the governing authority of Cobb County, Georgia, which application shall clearly set forth the property or matters involved and the changes desired. Upon receipt of such application the governing authority shall proceed to advertise once a week for three (3) weeks in the legal organ of the county the pendency and contents of such application and shall set forth in such advertisement the date and time fixed by said governing authority for a public hearing on same, which public hearing, once begun, may be continued from day to day or to a definitely named date provided that such public hearing shall be concluded within sixty (60) days from the date of the filing of the original application. In addition to said advertisement in the legal organ of the county as herein provided for, reasonable notice shall be posted on the affected areas for such time and for such Page 3183 matter as the governing authority may prescribe. On the day and hour appointed, the governing authority shall proceed to a hearing on the application and shall determine and dispose of the same. The governing authority shall have the right to continue the hearing from day to day or to any named day as in his discretion may be deemed advisable. After the governing authority has taken final action on an application in the manner aforesaid, he shall immediately notify, in writing, the original applicant of the action taken, as well as any other interested parties requesting in writing such a notification. The original applicant, other persons, firms or corporations having an interest in the subject matter of the application may, within twenty (20) days after the date of the final action of the governing authority on same, certiorari to the Superior Court of Cobb County. In the event that the governing authority of Cobb County desires, he may require the presence of the members of the planning commission at the time that the hearing hereinbefore provided for is held, or he may provide for the planning commission to make such other investigation into or conduct such other hearings as may be necessary to enable the planning commission to make recommendations concerning the said application to said governing authority. Section 2. Said Act is further amended by striking therefrom section 11 in its entirety and substituting in lieu thereof a new section 11 to read as follows: Section 11. The governing authority is hereby given the authority to require the obtaining of use permits for allowable uses of land and properties covered by the zoning regulations promulgated hereunder. The governing authority is further given the authority to restrict the length of time which said use permits shall remain in effect and to restrict it to a particular person or legal entity, and by specific resolution to prescribe reasonable rules and regulations concerning the use of said use permits. Also the governing authority is likewise given the authority to require the obtaining of building permits before any building or structure is commenced or erected within any of the areas zoned under the authority of this Act, and may also require Page 3184 the obtaining of certificates of occupancy for any such building or structures before same can be occupied or used. In addition, the governing authority is hereby given the authority to adopt and promulgate building, plumbing and electrical codes covering all construction commenced in the areas zoned under this Act after the adoption of any such codes. In the event that the governing authority exercises the authority here granted him to require use permits, building permits and certificates of occupancy, then in such event he shall promulgate appropriate rules and regulations for the issuance of same. Use permits. Section 3. Said Act is further amended by striking therefrom section 12 in its entirety and substituting in lieu thereof a new section 12 to read as follows: Section 12. That every decision or act of the governing authority of Cobb County in the administration of this Act and the zoning regulations and restrictions promulgated hereunder shall be subject to certiorari to the Superior Court of Cobb County, Georgia, and all laws of this State now in force as to writs of certiorari shall apply thereto. Certiorari. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Pursuant to Article 3, Section 7, 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 1964 Session of the General Assembly of Georgia a Bill to amend the Cobb County Zoning Law, being 1956 Georgia Laws, page 2006, as amended, and for other purposes. This 17th day of January, 1964. Robert E. Flournoy, Jr. E. W. Teague Joe Mack Wilson Edward S. Kendrick Kyle Yancey Page 3185 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 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 24, 1964; January 31, 1964; February 7, 1964. /s/ Robert E. Flournoy, Jr., Representative, Cobb County. Sworn to and subscribed before me, this 10th day of February, 1964. /s/ Amelia Smith, Notary Public, Georgia State at Large. My Commission Expires Oct. 19, 1964. (Seal). Approved March 25, 1964. POLK COUNTYCOMPENSATION OF ORDINARY, SHERIFF, ETC. No. 1004 (House Bill No. 1189). An Act to amend an Act placing certain officers of Polk County on a salary basis, approved March 10, 1959 (Ga. L. 1959, p. 2732), so as to change the salary of the ordinary of Polk County; to change the salary of the sheriff of Polk County; to provide for the hiring by such sheriff of two (2) deputy sheriffs; to provide for furnishing vehicles to the sheriff of said county in addition to his salary; to provide for the payment of the expenses of the sheriff's office; to provide for an annual budget to be submitted by the sheriff; to provide the effective date; to repeal conflicting laws; and for other purposes. Page 3186 Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain officers of Polk County on a salary basis, approved March 10, 1959 (Ga. L. 1959, p. 2732), is hereby amended by striking from subsection (b) of section 2 of said Act the words and figures seventy-two hundred ($7,200.00) and by inserting in lieu thereof the words and figures nine thousand ($9,000.00), so that when so amended said subsection (b) shall read as follows: (b) The ordinary of said county shall receive nine thousand ($9,000.00) dollars per annum as his total compensation and shall pay out of the same any help he may hire. Ordinary. Section 2. Said Act is further amended by striking subsection (c) of section 2 in its entirety and by inserting in lieu thereof a new subsection (c) to read as follows: (c) The sheriff of Polk County, who is also sheriff of the city court of said county, shall receive a salary of nine thousand dollars ($9,000.00) per annum. The said sheriff shall employ two deputies to be paid at the rate of six thousand dollars ($6,000.00) per annum each. Sheriff. In addition to the salary provided for above the sheriff shall receive two vehicles to be furnished by the county, ownership of said vehicles to be vested in Polk County and new vehicles to be furnished at intervals not exceeding two years to be used by him for the business of his office. All expenses of such vehicles shall be paid directly from the governing authority of Polk County to the person or persons entitled thereto upon proper voucher signed by the sheriff and submitted to the governing authority, within the limits of the budgets hereinafter provided for. The governing authority shall assume all responsibilities and duties for the operation of the jail of Polk County, insofar as same pertain to the feeding and care of the prisoners incarcerated therein. The sheriff shall receive no fees or perquisites of any nature for the feeding and care of the prisoners or for the operation of the kitchen of the jail. Page 3187 On or before January 15 of each year the sheriff shall submit a budget to the governing authority of Polk County, said budget to be broken down into monthly estimates of the expenses of his office. The governing authority shall have the right to approve or disapprove said budget as it deems proper. In the event the governing authority disagrees with the budget as submitted by the sheriff, it shall immediately notify the sheriff and shall set forth the reasons for such disapproval. In the event the sheriff and governing authority cannot agree on any changes to be made in said budget within thirty days after submission of same by the sheriff, then the sheriff's office shall operate under the budget submitted by him for the previous year. All personnel exclusive of the two provided for in subsection (c) of the office of sheriff of Polk County shall be hired by the governing authority of Polk County upon recommendation of the sheriff. Section 3. The effective date of this Act shall be January 1, 1965. 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 1964 Session of the General Assembly of Georgia, a bill to change the compensation of the clerk of Polk County superior court, Polk County ordinary, solicitor of the City Court of Polk County, judge of the City Court of Polk County, Polk County coroner, Polk County sheriff, and Polk County tax commissioner; and for other purposes. This 9th day of January, 1964. John Harvey Moore, Representative, Polk County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Harvey Moore, Page 3188 who, on oath, deposes and says that he is Representative from Polk County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cedartown Standard, which is the official organ of said county, on the following dates: January 9, 16 and 23, 1964. /s/ John Harvey Moore, Representative, Polk County. Sworn to and subscribed before me, this 11th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 25, 1964. COMPENSATION TO BONNIE J. CRANFORD AND JAMES U. CRANFORD. No. 226 (House Resolution No. 157-428). A Resolution. Compensating Bonnie J. Cranford and her husband James U. Cranford; and for other purposes. Whereas, on March 26, 1961, Mrs. Bonnie J. Cranford, a resident of Fort Gordon, Georgia, was driving with her minor daughter, Julie Anne Cranford, in her husband's 1959 Nash Rambler station wagon in a northerly direction along Georgia Highway No. 49, in Jones County, Georgia, when at the intersection of Rock Quarry Road, said station wagon was run into and overturned by an automobile owned by the Department of Public Safety of Georgia, and being driven by Arthur L. Hutchins, an agent of Georgia Bureau of Investigation; and Page 3189 Whereas, the said Arthur L. Hutchins failed to yield the right of way at said intersection and negligently drove into the path of the Cranford station wagon, causing said station wagon to overturn; and Whereas, Mrs. Bonnie J. Cranford sustained a concussion of the brain and injuries to her right shoulder, her right chest and her right periorbital region, all of which necessitated her confinement to the hospital; and Whereas, following said collision, Mrs. Cranford experienced such a severe, nervous and emotional shock that it was necessary for her to undergo extended psyciatric treatment; and Whereas, the minor child Julie Anne Cranford suffered multiple contusions and abrasions and a laceration on her forehead requiring four stitches; and Whereas, James U. Cranford, as a result of said collision and the injuries to his wife and daughter, has sustained the following expenses and damages to himself: 1959 Rambler station wagontotal loss $1,600.00 Macon Hospital, Mrs. Bonnie Cranford 46.00 Macon Ambulance Service, Mrs. Cranford 81.73 Macon Ambulance Service, Julie Anne Cranford 15.00 Fort Gordon Hospital 10.50 Eyeglasses for Mrs. Cranford 28.00 $1,781.23 and Whereas, the said James U. Cranford, Mrs. Bonnie J. Cranford and Julie Anne Cranford were entirely without fault in the premises; and Whereas, the said Arthur L. Hutchins was, at the time and place of collision, in the performance of his duties as an agent for the Georgia Bureau of Investigation; and Page 3190 Whereas, said collision was entirely due to the fault of said Arthur L. Hutchins. Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Department of Public Safety is hereby authorized and directed to pay to Mrs. Bonnie J. Cranford and James U. Cranford the sum of $1,281.23 as compensation for damages herein enumerated. Said compensation shall be in full and complete satisfaction of any and all claims arising out of said accident. The payment of said sum shall be from funds appropriated to or available to the Georgia Department of Public Safety. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 25, 1964. Page 3191 COMPENSATION TO WILLIAM C. SOMERS, JR. No. 227 (House Resolution No. 178-500). A Resolution. To compensate William C. Somers, Jr.; and for other purposes. Whereas, on June 20, 1962, at approximately 2:40 p.m. o'clock, William C. Somers, Jr. was operating his 1960 Mercedes Benz 220 on State Highway 29, approximately five (5) miles from Milledgeville, Baldwin County, Georgia; and Whereas, the automobile of Mr. Somers was traveling south and attempting to pass a truck belonging to the Department of Public Health and being operated by an employee thereof; and Whereas, said truck made a left turn striking the automobile of Mr. William C. Somers, Jr., causing damage to the front of the automobile in the amount of $243.58; and Whereas, said damage occurred through no fault or negligence whatsoever on the part of Mr. Somers, it is only just and proper that he be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Health is hereby authorized to pay to Mr. William C. Somers, Jr. the sum of $243.58 as compensation for full and final satisfaction of any claim against the State for the aforesaid accident. Said sum shall be paid from the funds appropriated to or available to said department. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Page 3192 Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 25, 1964. COMPENSATION TO PAUL T. KANE. No. 228 (House Resolution No. 200-595). A Resolution. To compensate Paul T. Kane; and for other purposes. Whereas, in December, 1960, Paul T. Kane was operating a 1954 Chevrolet automobile owned by him in a southerly direction on and upon Georgia Highway No. 155 (Clairmont Road) in DeKalb County, Georgia; and Whereas, Corporal Marland Ferguson, an employee of the Uniform Division of the Department of Public Safety, was operating a State Patrol automobile immediately to the rear of the automobile being operated by Mr. Kane; and Page 3193 Whereas, at a point approximately one-fourth () of one (1) mile south of LaVista Road, an automobile traveling immediately to the front of the automobile being operated by Mr. Kane gave a signal to make a left turn and said vehicle had to stop in order that traffic traveling north on Clairmont Road could pass which required Mr. Kane to make a sudden stop immediately to the rear of said automobile making the left turn; and Whereas, at the same time Corporal Ferguson, who was operating the State Patrol automobile, was in the process of passing an illegally parked automobile on the right shoulder of Clairmont Road in addition to observing the traffic travelling immediately ahead of him; and Whereas, the brake signal lights on Mr. Kane's automobile, when the same were turned on, were of such low intensity that could be barely distinguished from the tail lights of Mr. Kane's automobile which were on at the time; and Whereas, because of the facts herein set forth Corporal Ferguson did not stop the State Patrol automobile in sufficient time and said automobile collided with the rear of the automobile being driven by Mr. Kane; and Whereas, said accident occurred at night and the condition of the weather was such that there was very poor visibility; and Whereas, the collision as set forth herein damaged Mr. Kane's automobile to the extent that the cost of repairing said automobile would be $399.90; and Whereas, Mr. Kane did not contribute in any way whatsoever to the cause of said collision and it is only just and proper that he be paid the sum of $399.90 which would be the cost of repairing said 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 the sum of $265.07 to Page 3194 Paul T. Kane as full compensation for damages as set forth in this Resolution. 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. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 25, 1964. Page 3195 COMPENSATION TO JAMES E. HATTAWAY. No. 229 (House Resolution No. 351-795). A Resolution. Compensating Mr. James E. Hattaway; and for other purposes. Whereas, on or about February 28, 1963, James E. Hattaway was driving his 1959 Plymouth station wagon in a northerly direction on U. S. Highway 221, approaching its intersection with Ennis Circle, near Soperton, Georgia; and Whereas, Doster Durden, an employee of the State Highway Department, operating a State Highway vehicle, was proceeding in the opposite direction on said highway; and Whereas, suddenly and without warning Doster Durden turned his vehicle into the pathway of Mr. Hattaway's automobile, in an attempt to turn into Ennis Circle; and Whereas, said vehicles collided; and Whereas, said collision severely damaged Mr. Hattaway's said automobile, and inflicted serious personal injuries upon him; and Whereas, due to said collision, Mr. Hattaway has received permanent injuries from which he will suffer the remainder of his life; and Whereas, said injuries consist of permanent-partial blindness in the left eye, a ruptured lumbar disc, and partial-permanent disability to his lower right extremity; and Whereas, as a result of said injuries, Mr. Hattaway has experienced and will continue to experience great and excruciating pain and suffering; and Page 3196 Whereas, Mr. Hattaway has suffered the following damages due to the loss of property: Car Rental $400.00 Wrist Watch 41.67 Clothing 114.33 Automobile damage 440.00; and Whereas, Mr. Hattaway has incurred and been required to expend large sums of money in acquiring medical treatment, hospitalization, and drugs; 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. James E. Hattaway the sum of $10,000.00 as compensation for the damages sustained by him as set forth above arising out of said occurrence. Said sum shall be paid from the funds appropriated for and available to the State Highway Department. Said payment shall be in full and complete satisfaction of any and all claims arising out of said occurrence. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Page 3197 Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 25, 1964. COMPENSATION TO ALFRED BUREN PARKER. No. 230 (House Resolution No. 348-795). A Resolution. Compensating Alfred Buren Parker; and for other purposes. Whereas, Alfred Buren Parker is the owner of a 1959 Chevrolet automobile which on or about October 30, 1963, was being operated on U. S. Highway 6 in a westerly direction, approximately [UNK] miles west of Clayton, Georgia; and Whereas, said automobile was damaged when a State Highway Department motor vehicle, loaded with gravel and proceeding in an easterly direction on said highway, rounded a curve at a high speed, causing the load of gravel to shift and spill over and upon Mr. Parker's automobile; and Whereas, said gravel inflicted damage upon said automobile, necessitating Mr. Parker to expend the sum of $203.33 in order to have said damage rectified. 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 $203.33 Page 3198 to Alfred Buren Parker as compensation for his damages as set forth above arising out of the aforedescribed occurrence. Said sum shall be paid from the funds appropriated for and available to the State Highway Department. Said sum shall be in full and complete satisfaction of any and all claims arising out of said occurrence. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constitutents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 25, 1964. Page 3199 COMPENSATION TO MRS. LOUISE BRUCE. No. 231 (House Resolution No. 370-836). A Resolution. Compensating Mrs. Louise Bruce; and for other purposes. Whereas, on or about July 11, 1963, Mrs. Louise Bruce was operating her 1955 Buick automobile on Interstate No. 85 near Commerce, Georgia; and Whereas, a State Highway Department motor vehicle, being operated by Mitchell Gailey, an employee thereof, threw a rock through the windshield of said Buick automobile; and Whereas, as a result of said damage, Mrs. Bruce was required to expend the sum of $93.07 to repair the damages inflicted thereon. 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. Louise Bruce the sum of $93.07 as compensation for the damages as set out above. Said sum shall be paid from the funds appropriated for or available to the State Highway Department. Said sum shall be in full and complete satisfaction of any and all claims for damages arising out of the above described occurrence. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, Page 3200 or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 25, 1964. LAW BOOKS TO BRUNSWICK JUDICIAL CIRCUIT. No. 237 (Senate Resolution No. 203). A Resolution. Authorizing and directing the State Librarian to furnish certain law books for the judge of the Brunswick Judicial Circuit; and for other purposes. Whereas, the judge of the Brunswick Judicial Circuit is in need of certain law books in order to transact the business of said circuit; Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the judge of the Brunswick Judicial Circuit a complete set of the Georgia Supreme Court Reports and a complete set of the Georgia Court of Appeals Reports. Approved March 25, 1964. Page 3201 COMPENSATION TO JULIUS W. JOHNSON. No. 238 (House Resolution No. 56-130). A Resolution. To compensate Julius W. Johnson; and for other purposes. Whereas, on May 7, 1962, Mr. Julius W. Johnson was operating his automobile on U. S. Highway 84 at a point approximately 3.2 miles east of Cairo, Georgia; and Whereas, he sounded his horn and started to pass a truck belonging to the State Highway Department being operated by an employee of said State Highway Department and, as he pulled even with the truck, the truck made a left turn to enter a roadside park, striking the automobile of Mr. Johnson, damaging it in the amount of $171.85; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Johnson 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. Julius W. Johnson the sum of $171.85 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. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Page 3202 Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 26, 1964. COMPENSATION TO MR. AND MRS. JAMES COLLINS. No. 239 (House Resolution No. 149-426). A Resolution. To compensate Mr. and Mrs. James Collins; and for other purposes. Whereas, at approximately 3:30 p.m. on August 30, 1962, James D. Collins, Jr. was a passenger in a 1962 Chevrolet automobile owned by M. C. Cowart and operated by his son, Gary Lane Cowart, which automobile was traveling in a westerly direction on U. S. Highway 80 about one and one-half miles east of Eden, Effingham County, Georgia; and Whereas, James D. Collins, Jr., was a minor, having obtained an age of seventeen years, having been born on December 21, 1944; and Page 3203 Whereas, James D. Collins, Jr. was in perfect health being 6 feet 4 inches in height and weighing 226 pounds; and Whereas, he was in the 11th grade at Statesboro High School where he was on the football, basketball and track teams; and Whereas, he was voted the most athletic student at Cordele High School for the year 1960 and 1961; and Whereas, he sang in the choir and enjoyed the church services at Statesboro Primitive Baptist Church where he was a member; and Whereas, James D. Collins, Sr. is employed in construction work with the Scott Construction Company, Valdosta, Georgia, earning $360.00 per month, and Marjorie D. Collins, his wife, is employed as a sewing machine operator with Marydell Styles, Inc., Statesboro, Georgia, earning $180.00 per month; and Whereas, Mr. and Mrs. James D. Collins, Sr. were both working for the purpose of having the son secure every educational advantage; and Whereas, their son, James D. Collins, Jr., was a good student being very intelligent and had every reason to expect a full and successful life; and Whereas, a State Highway Department motor grader, which was off the highway suddenly pulled into the lane of traffic of the automobile operated by Gary Lane Cowart, resulting in said automobile striking the motor grader and thereby causing the death of James D. Collins, Jr.; and Whereas, James D. Collins, Jr. was seriously injured, which injuries proved to be fatal and the driver of the automobile, Gary Lane Cowart, received extensive and painful injuries and his father's automobile was totally demolished as well as a boat and trailer which was attached to the rear of said automobile; and Page 3204 Whereas, due to the aforesaid accident in which Mr. and Mrs. James D. Collins' son, James D. Collins, Jr., was killed, they have been deprived of the love and affection of their only son; and Whereas, said accident, due entirely to the negligence of the State Highway Department employee, has resulted in Mr. and Mrs. James D. Collins, Sr. losing the affections and security to be expected during the life of their son, James D. Collins, Jr.; and Whereas, the motor grader belonging to the State Highway Department, which was then and there being operated by a Mr. Cowart from Pembroke, Bryan County, Georgia, an employee of the State Highway Department, and operated in a careless manner thereby causing the accident and injury and subsequent death to James D. Collins, Jr.; and Whereas, Gary Lane Cowart, the driver of the automobile in which James D. Collins, Jr. was a passenger, took all measures possible to avoid the accident but because of the suddenness of the motor grader pulling in front of his car, made it impossible for the driver to avoid striking said motor grader; and Whereas, the Georgia State Highway Department employees have failed to have any signs along the road as a warning that men were working or having a flagman present or any type of warning that a motor grader was working in the area, which negligence also contributed to the accident; and Whereas, Mr. and Mrs. James D. Collins sustained funeral expenses in the amount of $1,684.15, and monumental work amounted to $775.00 and other expenses such as doctor and hospital expenses amounting to a total of $2,459.15; and Whereas, James D. Collins, Jr., because of his character, personality and intelligence, had a life expectancy of earning an amount of $300,000.00; and Page 3205 Whereas, Mr. and Mrs. James D. Collins could morally and legally request $300,000.00 of the State Highway Department but are requesting only $10,000.00 as compensation for the death of their son; and Whereas, said accident and damage occurred through no fault or negligence whatsoever on the part of James D. Collins, Jr. or the operator of the automobile in which he was riding, namely Gary Lane Cowart; and Whereas, it is only just and proper that Mr. and Mrs. James D. Collins be compensated for the loss of their son, James D. Collins, 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 Mr. and Mrs. James D. Collins the sum of $5,000.00 as compensation as set out above. Said sum to be full and complete satisfaction for the claim above requested. Said sum to be paid out of funds appropriated to or available to said State Highway Department. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Page 3206 Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 26, 1964. COMPENSATION TO MRS. CYNTHIA L. OXFORD. No. 240 (House Resolution No. 356-816). A Resolution. To compensate Mrs. Cynthia L. Oxford, widow of William R. Oxford, deceased; and for other purposes. Whereas, on January 8, 1964, at about 4:15 p.m., William R. Oxford, a resident of Upson County, Georgia, and Morris M. Jones, a resident of Upson County, Georgia, were driving west on Georgia Highway 74 in a certain 1954 Ford pick-up truck owned and operated at said time and place by the said Morris M. Jones, when they met a truck belonging to the State Highway Department and operated by an employee of said State Highway Department; and Whereas, the driver of the State-owned vehicle negligently turned said vehicle to the left and onto the lefthand side of said highway while driving in an eastwardly direction, directly into the path of the vehicle in which William R. Oxford was a passenger; and Whereas, the said William R. Oxford was age 35 at the time of his death and was employed by Thomaston Cotton Mills, Thomaston, Georgia, with an average weekly earning in excess of $60.00 per week; and Page 3207 Whereas, the Carlysle Mortality Table shows a life expectancy for a person 35 years of age to be 31.00 years; and Whereas, based on said mortality table the full value of said life would be $96,720.00 and reducing said sum to its present cash value, the cash value of said life would be $39,227.00; and Whereas, Mrs. Cynthia L. Oxford incurred funeral expenses in the sum and amount of $931.34 because of the negligence of said State Highway Department employee; and Whereas, William R. Oxford was fatally injured in said collision, which collision occurred through no fault of the said William R. Oxford, and it is only fit and proper that his widow be compensated for his death and expenses relative thereto. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department be and is hereby authorized and directed to pay to Mrs. Cynthia L. Oxford, widow of William R. Oxford, deceased, the sum of $12,500.00 for the cash value of the life of William R. Oxford, plus $931.34 for funeral expenses. Said payment shall be in full and final satisfaction for any claims against the State arising as a result of the collision described and set forth in this Resolution. The payment of said sums shall be from the funds appropriated to or available to the State Highway Department. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: Page 3208 It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 26, 1964. COMPENSATION TO MRS. KATHERINE LANDERS JONES. No. 241 (House Resolution No. 357-816). A Resolution. To compensate Mrs. Katherine Landers Jones, widow of Morris M. Jones, deceased; and for other purposes. Whereas, on January 8, 1964, at about 4:15 p.m., Morris M. Jones, a resident of Upson County, Georgia, was operating a certain 1954 Ford pick-up truck owned by him on State Route No. 74 traveling in a westward direction and was at a point about five (5) miles west of Thomaston, Georgia, when he met a truck belonging to the State Highway Department and operated by an employee of said State Highway Department; and Whereas, the driver of the State-owned vehicle negligently turned said vehicle to the left and onto the lefthand side of said highway while driving in an eastwardly direction directly into the path of the vehicle driven by Morris M. Jones; and Page 3209 Whereas, William R. Oxford was a passenger in the vehicle operated by Morris M. Jones, the said William R. Oxford was fatally injured in said collision; and Whereas, Mrs. Katherine Landers Jones incurred $275.00 doctor bill, $266.20 hospital bill, $25.00 ambulance fee and $1,035.30 funeral expenses; and Whereas, the vehicle owned and operated by Morris M. Jones was damaged beyond repair and was rendered worthless and the fair market value of said vehicle immediately prior to said collision was $855.00; and Whereas, Morris M. Jones was 35 years of age at the time of his death and was employed by Thomaston Cotton Mills, Thomaston, Georgia, with an average weekly earning in excess of $60.00 per week; and Whereas, the Carlysle Mortality Table shows a life expectancy for a person 35 years of age to be 31.00 years; and Whereas, based on said mortality table the full value of said life would be $96,720.00 and reducing said sum to its present cash value, the cash value of said life would be $39,227.00; and Whereas, the said Morris M. Jones was critically injured and died form said injuries sustained in said collision on the 13th day of January, 1964, which collision occurred through no fault of the said Morris M. Jones, and it is only fit and proper that his widow be compensated for his death and expenses relative thereto. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department be and is hereby authorized and directed to pay to Mrs. Katherine Landers Jones, widow of Morris M. Jones, deceased, the sum of $12,500.00 for the cash value of the life of Morris M. Jones, plus the amount of $855.00 for damage to said truck, plus the amount of $566.20 for hospital, doctor and ambulance expenses and fees, plus the Page 3210 amount of $1,035.30 for funeral expenses. Said payment shall be in full and final satisfaction for any claim against the State arising as a result of the collision described and set forth in this Resolution. The payment of said sums shall be from the funds appropriated to or available to the State Highway Department. It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement as follows: It shall be illegal for any member of the State Claims Advisory Board, any member of the General Assembly, or any State official to collect a fee, receive any compensation or gift, or receive any remuneration of any kind in connection with any claim presented to the State Claims Advisory Board for consideration and payment. The good will of their constituents may be the only consideration. Each payment approved by the State Claims Advisory Board and paid by said board shall have attached to the check mailed to the claimant a statement. Any person who violates the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Approved March 26, 1964. Page 3211 CIVIL AND CRIMINAL COURT OF COBB COUNTY CREATED. No. 1006 (House Bill No. 658). An Act to create a Court to be known as the Civil and Criminal Court of Cobb County, to define its jurisdiction and powers; to provide for the election, qualifications, duties, powers, terms and compensation of the judge and officers thereof, to provide for the pleading and practice, rules of procedure, default judgments, and new trials therein, to provide for jurors for said court; to provide for contempt; to provide for costs of said court; to provide for appeals and writs of error from said court; to provide an effective date; to abolish the Justice Court for the 898th Georgia Militia District, being the Marietta Militia District, to abolish the office of justice of the peace and notary public, ex officio justice of the peace and notary public, ex officio justice of the peace therein and the office of constable therein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a Court under the provisions of the Code of Georgia of 1933, Sec. 2-4201, being Article VI, Section VII, Paragraph I of the Constitution of 1945, which shall be known as the Civil and Criminal Court of Cobb County, and which shall have the powers and duties hereinafter set out. Created. Section 2. The Civil and Criminal Court of Cobb County shall have all the jurisdiction as to subject matter now exercised by justices of the peace and justice courts in Georgia throughout Cobb County. In addition thereto, said court shall have jurisdiction to try and dispose of all civil and misdemeanor cases regardless of their nature, except cases of injury to the person or to the reputation, concurrent with the superior courts, including not only suits as are commenced by petition and process or summons, but also all other kinds of suits or proceedings which are now or may hereafter be in use in the superior court of this county or justice courts, either under the common law or Page 3212 by statute, of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia, and except extraordinary remedies as are defined in Chapters 64-101, 64-201, and 64-301 of the Code of Georgia, of 1933, and habeas corpus proceedings, and the practice and procedure in cases involving three hundred ($300.00) dollars principal or less shall be and remain the same as that now in force in the justice courts of Georgia, except as otherwise herein provided, and the practice and procedure in cases involving over three hundred ($300.00) dollars shall be and remain the same as that now in force in the superior courts of Georgia, except as otherwise herein provided. Jurisdiction, etc. Section 3. There shall be a judge of the Civil and Criminal Court of Cobb County, who shall be elected for a term of four years and shall be elected each four years thereafter. The first election for said judge of the Civil and Criminal Court of Cobb County shall be in the next general election to be held in November, 1964, and the term of said officer so elected shall begin on January 1, 1965. Judge. Section 4. The judge of the Civil and Criminal Court of Cobb County shall have been a resident and elector of Cobb County, Georgia, for at least three years immediately preceding his election or appointment, and shall have been engaged in the practice of law at least seven years next preceding his election or appointment hereunder and shall be at least thirty years of age. Said judge shall not engage in the practice of law in any state or federal court during his tenure of office. Qualifications. Section 5. Any vacancy which may occur in the judgeship or clerk of the Civil and Criminal Court of Cobb County by death, resignation or otherwise shall be filled by appointment by the Governor for the unexpired portion of said term. Vacancies. Section 6. Said court shall have monthly terms beginning with the first Monday in each month commencing January 2, 1965, to be held at the place provided for holding the same in Cobb County, and such terms shall remain Page 3213 open for the transaction of business until the next succeeding term of said court. Each term of said court shall have a jury and a non-jury calendar. When there are not 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 non-jury calendar during any term of court at which said judge omits having jury cases. Terms, etc. Section 7. All actions in said court shall be commenced by summons in cases involving a principal amount of three hundred ($300.00) dollars or less or by petition, in cases involving any amount whatsoever, as now provided for in the superior courts. Each action shall be filed and summons or process issued and served thereon not less than ten (10) days prior to the first day of the particular term to which the same is brought which day shall be the answer day, provided that service effected too late for a particular term shall be good for the next succeeding term, and provided further that by written agreement of the parties or their counsel or by order of court, the time for filing all pleadings and motion may be extended. Procedure. Section 8. Upon the filing of any civil action in said court, the plaintiff or his attorney of record may file with the original action but by separate document prescribed and furnished by the court a written demand for trial by jury in said court, and in the absence of such demand the plaintiff shall be held to have waived trial by jury. The defendant in such action may file by separate document prescribed and furnished by the court a written demand for trial by jury on or before the date upon which he is required to appear in court in response to said proceeding and upon such defendant's failure thereupon to demand a trial by jury, he will be held to have waived the same; provided, however, where neither party demands a trial by jury the judge of said court shall have the right on his own motion and in his own discretion to refer any cause involving an issue of fact to a jury for trial for a general verdict in said case, or he may refer any issue of fact to a jury for the rendering of a special verdict on such issue, said jury trial to be had in all other respects as if demanded by a Page 3214 party to said case; provided, further, where a defense is filed on or before the answer day, the plaintiff in any cause of action shall have the right to demand a trial by jury by separate document prescribed and furnished by the court on said answer day or within five days. A jury trial once demanded by either party shall not be waived except by written consent of the opposite party. Upon the filing of defensive pleadings, said cause shall be triable at the next or any succeeding term of said court. Same. Section 9. In all cases in default the judge of the Civil and Criminal Court of Cobb County may enter judgments without any call of the docket any time after the date on which the action in default is answerable; provided any party against whom a judgment by default shall be rendered shall, as a matter of right, upon the payment of accrued cost, have said default opened, and the judgment rendered thereon set aside at any time within 10 days from the rendition thereof. In any case in default, upon motion made, the judge, in his discretion, shall have the right to open said default judgment during the term in which said default judgment was entered or within 30 days from date of the judgment. Such discretion shall not be limited to a legal showing by movant. Default judgment may be entered in any case without making out a prima facie case except in actions for unliquidated damages which require proof thereof. Default judgments. Section 10. The judge of the Civil and Criminal Court of Cobb County may prepare and promulgate such rules of procedure and practice not inconsistent with the laws of this State, as may, in his discretion be necessary to carry on and facilitate the business of said court. Said rules may be changed or modified from time to time, and shall be binding upon the officers of said court, attorneys practicing, parties litigating and witnesses attending therein. Such rules shall be printed after their adoption and furnished, upon application, to the members of the bar and the public generally. The statutes and rules in force in the superior courts of this State insofar as applicable to this court are hereby conferred on such court including the power to forfeit bonds, recognizances or other obligations returnable Page 3215 to said court, and including, but not limited to, forfeiture of criminal bonds by scire facias. Rules. Section 11. It shall be the duty of the clerk of the Civil and Criminal Court of Cobb County to prepare and file in his office a duplicate list of the traverse jurors of the Superior Court as filed in the office of the clerk of the Superior Court of Cobb County and from the list so made the jurors for said court shall be drawn in the following manner: The clerk shall write upon separate tickets the name of each juror, and shall number the same and place same in a box to be prepared for that purpose, from which the judge shall draw a sufficient number of jurors in the manner required by law in the superior court for said court trying jury business. All laws with reference to the selection of traverse jurors in the superior courts not inconsistent with the provisions of this Act shall apply to the Civil and Criminal Court of Cobb County. The jurors so drawn shall be summoned by the marshal of said court or other lawful officer in any manner authorized in the Superior Court of Cobb County at least five days before the court at which they are called to serve, and from the jurors drawn and summoned as above provided, there shall be empaneled in all civil cases to be tried by a jury in said court, a jury of twelve, and in each case, each side shall have three preemptory strikes, and the six remaining shall constitute a jury for the trial of such case. If there should be any deficiency of jurors from cause or absence, the marshal by direction of the court shall complete the jury by talesman sufficient to meet the needs of the court. Each juror shall receive the same compensation while serving as a juror in said court as are paid in the superior court of said county, the same to be paid by Cobb County under the laws governing the payment of superior court jurors. All laws of force with reference to the qualifications, oath, exemptions and financing of jurors in the superior courts of this State, shall when not inconsistent with the provisions of this Act, be observed in said Civil and Criminal Court of Cobb County. Jury lists, etc. Page 3216 Section 12. (a) Proceedings in criminal cases in said court shall be by accusation or referral of indictment by the Superior Court of Cobb County and trial shall conform to rules governing like proceedings in the superior court, except that the jury in said court shall consist of six jurors to be stricken alternately by the defendant and State from a panel of twelve. The defendant shall be entitled to four strikes and the State shall be entitled to two strikes. The remaining jurors shall compose the jury. Criminal procedure. (b) All prosecutions in criminal cases instituted in the Civil and Criminal Court of Cobb County shall be by written accusation made by the solicitor or assistant solicitor, based upon affidavit setting forth plainly the offense charged in terms of law, upon which shall be entered the name of the prosecutor. (c) Proceedings in criminal cases in said court after accusation shall conform to rules governing like proceedings in the superior court, except for the provisions for jurors hereinabove set forth. (d) Said court is empowered to issue bench warrants for the arrest of offenders, to accept pleas of guilty and pass sentence in term time or vacation, and is further empowered to pass upon all questions of law and of fact in cases where trial by jury is waived by the defendant and is empowered to try such non-jury cases in term time or vacation. (e) Said court shall sit as a committal court upon all criminal warrants issued by the judge or clerk thereof, where demand is made therefor by an accused and all criminal warrants issued by any lawful authority upon demand therefor as is provided under the law of Georgia. Section 13. Whenever it may be necessary by reason of the disqualification or incapacity of the judge of said court in any case pending therein, it shall be his duty to appoint a qualified attorney at law or judge of a court of record of this State to act as judge pro hac vice, who shall execute all of the functions of judge in such case. In the Page 3217 event the judge of said court shall be incapable of serving or appointing a judge pro hac vice for a period of 60 days, the senior judge of the Superior Court of Cobb County shall appoint a judge pro hac vice. Provided, however, no such appointment shall be made by the superior court unless all the judges of said superior court shall agree that such incapacity exists. Judge pro hac vice. Section 14. The judge of the Civil and Criminal Court of Cobb County shall have authority to punish contempt by fines not exceeding $100.00 and by imprisonment not exceeding ten days. Contempt. Section 15. The judge of the Civil and Criminal Court of Cobb County shall have the right to grant nonsuits, directed verdicts, judgments notwithstanding verdict, summary judgment, and all other procedural remedies provided for the superior courts unless provided for in this Act, upon the same grounds that the same be granted by the judges of the superior courts. Procedure. Section 16. The governing authority of Cobb County shall provide an adequate place and facilities for holding said court at the county site. Courtroom, etc. Section 17. Henry L. Williams, present justice of the peace of the 898th G. M. District shall be clerk of the Civil and Criminal Court of Cobb County, for the first four year term commencing January, 1965, and until his successor is elected or appointed. Thereafter the said clerk shall be elected as is provided herein for the judge hereof. Any candidate for office as said clerk shall be thirty years of age and shall have resided in said county not less than three years at the time of election. The said court shall be a court of record and such clerk shall have authority to file all papers, suits, etc., sign all summons, process, criminal warrants, and executions and make all necessary records and entries on the docket, and to perform such duties as required by the judge of said court, not inconsistent with the law. Said clerk shall give bond to be approved by the judge and payable to the governing authority of Cobb County in the sum of $25,000.00 for the faithful performance of his Page 3218 duties as clerk, the cost thereof to be paid for as other expense of said court. Clerk. Section 18. The sheriff, Cobb County, Georgia, shall be ex officio sheriff and marshal of said court and said sheriff may appoint such deputies and bailiffs as in his discretion may be necessary, the number of bailiffs to be approved by the judge of the Civil and Criminal Court of Cobb County. The bailiffs shall receive the same pay as for bailiffs of Cobb Superior Court. The clerk of said court shall be an ex officio deputy sheriff. All processes of said court, executions, warrants or summary processes of any kind issued from this court shall be levied, served or executed by the sheriff or deputy sheriff of Cobb County, except that second originals may issue and be served as provided for in superior court practices. Sheriff. Section 19. All sales of personal property upon all processes from this court in Cobb County shall take place before the courthouse door of Cobb County between the hours of 10:00 a.m. and 4:00 p.m. at public outcry, on the Monday next following ten days' advertisement by notice posted at the Courthouse door describing the property to be sold, the place and hour of sale, the name and residence of the owner of such property, if known to the levying officer, the style of the case in which the execution was issued and the location of the place where the property was seized. The names and addresses of every purchaser at any sale conducted by an officer of this court shall be furnished in writing by such officer to the clerk and kept by him in some proper record accessible to the public. Any sale may be conducted by the sheriff or a deputy sheriff of Cobb County, provided, that in all cases where execution or other processes from this court are levied upon real estate, said real estate shall be advertised and sold in the manner and form, and at the time and under the conditions now prescribed by law. Sales of perishable property and sales of personalty on the premises may be made under the rules relating to such sales in the superior courts of this State. Sales. Section 20. Court cost shall be charged and collected by said court as follows: Page 3219 Filing and docketing each suit, when amount involved is $100.00 or less, $2.00, where amount involved is over $100.00, $4.00; for copying each suit for service (where plaintiff furnishes no copy), per hundred words, 20; for issuing each summons, garnishment, attachment and copy suit after first copy, where amount involved is $100.00 or less, 75; where amount involved is over $100.00, 75, for entering up each judgment for $100.00 or less, 75; on suits involving more than $100.00, 75; for issuing each fi fa where amount involved is less than $100.00, 75; where amount involved is over $100.00, 75 for each order entered on motion for new trial where amount involved is less than $100.00, 75; where amount involved is more than $100.00, 75; answering a writ of certiorari to superior court, $4.00; for serving each suit, summons, attachment or garnishment, where amount involved is $100.00 or less, $2.25, which shall include return of said service; where amount involved is over $100.00, $4.00, which shall include return of said service; for serving each witness, 75; for levying each fi fa and advertisement, where amount involved is $100.00 or less, $1.00; where amount involved is over $100.00, $2.25; for each search and return of nulla bona, $1.00; for each arrest in bail trover case, $5.00; for filing, docketing and serving each dispossessory warrant, $5.00; for filing, docketing and serving each distress warrant, $5.00; for summoning jury for each jury trial, $1.50; taking bond in for summoning jury for each jury trial, $1.50; taking bond in civil case, $2.00; taking bond in criminal cases, $2.00; attending jury trial, $2.00; for filing and docketing each answer, plea, cross bill, amendment, demurrer or other defensive pleadings, 75 for each; for advertising personal property for sale, $2.50; for settling fi fa from another court, $2.00; for backing fi fa from another court, $1.00; for marshal's bill of sale to personalty, $3.50; commission on personal property of the Marshal's sale shall be 5% on the first $1,000.00 and 3% on all amounts in excess of $1,000.00; the marshal's fee shall be $5.00 for levy on real property and $2.50 for advertising same; the marshal's fee for a marshal's deed shall be $5.00; for entering judgment or remittur from Court of Appeals or Supreme Court, $3.00; for filing and docketing each bill of exceptions where amount involved or sued upon is less than $100.00, $2.00; for filing and Page 3220 docketing each bill of exceptions where the amount involved or sued upon is over $100.00 a fee of $3.00. In all cases where a jury trial is demanded or had, a fee of $2.50 shall be added to the other costs in the case. Court cost. In all cases requiring the transport and storage of personalty, the fee and costs therefor shall be such reasonable costs as shall be required of the officer to obtain such services. All costs not provided for herein shall be charged for and collected by said court on the same basis as costs now fixed or which may hereafter be fixed by law for the Superior Court of Cobb County. The costs in criminal matters in said court, and before the judge thereof, not already provided for herein, shall be the same as is now provided for, or which may hereafter be provided for, by law, in criminal matters in the Superior Court of Cobb County. Section 21. From and after the passage of this Act, the party plaintiff when filing such suit or other proceedings in the Civil and Criminal Court of Cobb County shall be required to make a deposit of five ($5.00) dollars if the principal amount sued for is one hundred ($100.00) dollars or less, and if the principal amount sued for is more than one hundred ($100.00) dollars the deposit required shall be ten ($10.00) dollars; provided, however, that such deposit shall not be required of any person who shall subscribe to an affidavit to the effect that from his poverty he is unable to pay the same; and provided further that if the party making such deposit finally prevails in such proceedings the amount of said deposit shall be taxed as part of the costs against the losing party, and if recovered, shall be refunded to the party depositing the same after all costs have been paid; provided, further, that the minimum costs shall in any event equal the advanced deposits hereinabove provided for. Same, deposit. Section 22. From and after the passage of this Act, the clerk of said court shall pay into the county treasury of Cobb County all amounts of costs, fines and forfeitures collected by said court, such payments to be made monthly Page 3221 on or before the 10th day of each month. It shall be the duty of the clerk to keep a record of all monies received by the court, and the governing authority of Cobb County shall have the right to have an audit made of all accounts. Fees. Section 23. From and after the passage of this Act, and commencing January 1, 1965, the judge of said court shall be paid a salary in the sum of not less than $15,000.00 per annum, nor more than $18,000.00 per annum and the clerk of said court shall be paid a salary of not less than $8,000.00 per annum, nor more than $10,500.00 per annum. The salary of the said judge, clerk, deputy clerks and other administrative personnel of said court shall be fixed by the governing authority of Cobb County with approval of the first grand jury setting in each calendar year, subject to the minimum and maximum limits herein provided. Said sums and other expenses herein provided shall be paid out of the county treasury as expenses of said court. Salaries. Section 24. Upon the rendition of a verdict by a jury in said court, or on the rendition of a judgment by the judge in said court, sitting without a jury, either party to said cause or his counsel, desiring to file a motion for a new trial, shall make and file said written motion in said court, within thirty days from the date of the ruling complained of, which written motion shall follow the same practice and procedure as that now used in the superior courts of this State. New trials. Section 25. Motions for judgments notwithstanding verdict and new trials may be granted in the Civil and Criminal Court of Cobb County, on the same grounds upon which same may be granted in the superior courts of this State. Judgments not withstanding verdicts. Section 26. In all cases the order overruling or refusing the motion for judgment notwithstanding verdict or for a new trial, or any final order on judgment of the trial court, as the case may be, shall be subject to review by bill of exceptions to the Court of Appeals or the Supreme Court of Georgia in the same manner judgments and orders of the superior courts are now reviewed, and in such cases the trial judge shall have the same powers and duties Page 3222 respecting supersedeas as the judges of the superior courts now have, except that the bill of exceptions shall be presented to the trial judge within thirty (30) days from the date of the ruling complained of, and filed and docketed with the clerk of the Civil and Criminal Court of Cobb County. Appeals. Section 27. The solicitor general for the Cobb County Judicial Circuit shall serve as the solicitor of the Civil and Criminal Court of Cobb County. All personnel assigned to said solicitor general shall also serve him in his duties as solicitor of the Civil and Criminal Court of Cobb County. Solicitor. Section 28. Pursuant to and in compliance with Article VI, Section VII, Paragraph I of the Constitution of 1945, from and after January 1, 1965, the office of the justice of the peace of the 898th Georgia Militia District and notary public, ex officio justice of the peace and the office of constable of said district, being also known as the Marietta justice of the peace district is hereby abolished and no justice of the peace or notary public ex officio justice of the peace shall have or exercise any jurisdiction, civil or criminal, except as may be provided in this Act, within the corporate limits of the City of Marietta, Georgia. The effective date of this Act being the expiration date of term of the incumbent justice of the peace of said district, all actions then pending in said justice court shall be transferred by operation of law to the Civil and Criminal Court of Cobb County for disposition which court is hereby established in lieu of said justice of the peace court. It is hereby legislatively acknowledged and declared that the population of the City of Marietta according to the 1960 Federal Decennial Census exceeds twenty thousand persons and at the time of passage of this Act exceeds twenty thousand persons. Justice of peace. Section 29. It is further declared by the General Assembly that any and all further words and legislation deemed needful and necessary by this body to thus accomplish the abolition of said offices of the said justice of the peace court are hereby so stated and declared to the same extent as if the same were incorporated herein. Same. Page 3223 Section 30. All provisions of this Act, excepting those which refer to the election of judges and officers of the court, shall become effective on January 1, 1965. Those provisions relating to the election of judges and officers of the Civil and Criminal Court of Cobb County shall become effective immediately upon being signed by the Governor or when it otherwise becomes law. Effective dates. Section 31. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Cobb County. Notice of Intention to Introduce Local Legislation. Pursuant to Article III, Section 7, 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 abolish justice courts and the office of justice of the peace and of notaries public, ex-officio justices of the peace in the City of Marietta and the Marietta and the Marietta Militia District and establish in lieu thereof such court or courts or system of courts as the General Assembly may, in its discretion, deem necessary, conferring upon such new court or courts or system of courts, when so established, the jurisdiction as to subject matter now exercised by justice courts and by the justices of the peace and notaries public, ex-officio justices of the peace, together with such additional jurisdiction either as to amount or subject matter as may be provided by law, all in compliance with and pursuant to Article VI, Section 7, Paragraph 1 of the Constitution, of Georgia of 1945, as amended, being Section 2-4201 of the Georgia Code. This 6th day of February, 1963. Robert E. Flournoy, Jr. Joe Mack Wilson E. W. Teague Kyle Yancey Page 3224 Ed Kendrick State Legislators. Henry L. Williams, Justice of the Peace, 898 Militia District (Marietta). 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 an Inferior Court System for Cobb County with county-wide jurisdiction and to provide for the Judges and personnel qualifications, jurisdiction, salaries 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, Robert E. Flournoy, Jr., 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; March 1; February 1, 8, 15, 22, of 1963. Page 3225 /s/ Robert E. Flournoy, Jr. Representative, Cobb County. Sworn to and subscribed before me, this 4th day of March, 1963. /s/ Fanny Lee Garrett, Notary Public. My Commission Expires Sept. 24, 1965. (Seal). Approved March 26, 1964. CITY OF ATLANTAAUTHORITY TO SELL DESCRIBED PROPERTY. No. 1007 (House Bill No. 704). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act entitled an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended as follows: Section 1. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice, as required by law, are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Page 3226 Section 2. The mayor and board of aldermen shall have full power and authority to sell, exchange, grant easement over, or otherwise dispose of surplus water works property described as follows: All that tract or parcel of land lying and being in land lot 231 of the 17th district, Fulton County, Georgia, more particularly described as follows: Beginning at a point on the southeastern side of Moore's Mill Road 83.2 feet southwesterly, as measured along the southeastern side of Moore's Mill Road, from the corner formed by the intersection of the southeasterly side of Moore's Mill Road with the southwestern side of Coronet Way (formerly Chattahoochee Avenue); running thence southwesterly along the southeastern side of Moore's Mill Road 28 feet to the line between land lots 230 and 231; thence east along said land lot line 16.4 feet; thence north 21.7 feet to Moore's Mill Road and the point of beginning. Section 3. The mayor and board of aldermen shall have full power and authority to sell, exchange, grant easement over, or otherwise dispose of surplus water works property described as follows: All that tract or parcel of land lying and being in land lot 151 in the 17th district of Fulton County, Georgia, and more particularly described as follows: Beginning at a point on the north side of Green street 85.4[UNK] west of the west right-of-way of Northside Drive; thence northwardly 250 ft. (two-hundred and fifty feet) along the west property line of the property owned by Raymond D. Parks; thence westwardly 100 ft. (one-hundred feet); thence southwardly 125 feet (one-hundred and twenty-five feet) along the east property line of the property owned by Hiram A. Mitchell; thence westwardly 50 ft. (fifty feet) along the south property line of the property owned by Hiram A. Mitchell; thence southwardly 125 ft. (one-hundred and twenty-five feet) along the east property line of the property owned by Hiram A. Mitchell; thence eastwardly 150 ft. (one-hundred and fifty feet) along the Page 3227 north right-of-way of Green Street to the point of beginning. 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 1964 session of the General Assembly of Georgia, which convenes on Monday, January 13, 1964, 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. Henry L. Bowden, City Attorney City of Atlanta This 31 day of January, 1964. Page 3228 /s/ Ralph McClelland Sworn to and subscribed before me, this the 31 day of January, 1964. /s/ Denmark Groover, Jr., Notary Public, Bibb County, Ga. Approved March 26, 1964. CITY OF McRAETITLE TO DESCRIBED PROPERTY. No. 1011 (House Bill No. 829). An Act vesting in the City of McRae fee simple title to a certain tract of land in said city, said tract of land being all that part of Kurt Street, McRae, Georgia, that lies between Oak Street (U. S. Highway No. 341) on the northeast and Parsonage Street on the southwest; empowering said city to convey at any time or times the fee simple title to any part, parts or all of said tract of land to adjacent landowners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby vested in the City of McRae fee simple title to a certain tract of land in said city, said tract of land being all that part of Kurt Street that lies between Oak Street (U. S. Highway No. 341) on the northeast and Parsonage Street on the southwest, subject to any existing rights of utilities in and across said land under their franchises, and subject to the provision in section 2 hereof. Section 2. That power and authority is hereby vested in the City of McRae 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 Page 3229 to a resolution adopted by the mayor and aldermen of the City of McRae at any regular meeting, which resolution shall be effective immediately upon passage, for such consideration as the mayor and aldermen in their discretion shall deem proper and the mayor of said city is 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. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Telfair County. Personally appeared before me, the undersigned officer, duly authorized to administer oaths, W. L. Bowen, who, on oath, deposes and says that he is the owner and publisher of The Telfair Enterprise, the newspaper published in the City of McRae, Telfair County, Georgia, in which the sheriff's advertisements for said County of Telfair are published; and that the attached copy of Notice of Intention to Apply for Local Legislation was duly published in said newspaper once a week for three weeks, to-wit: December Page 3230 26, 1963, January 2, 1964, and January 9, 1964. W. L. Bowen Sworn to and subscribed before me, this the 18th day of January, 1964. /s/ James B. O'Connor, Notary Public. (Seal). Notice of Intention to Apply for Local Legislation. City of McRae, Telfair County, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1964, for the passage of a bill entitled as follows: An Act vesting in the City of McRae fee simple title to a certain tract of land in said city, said tract of land being all that part of Kurt Street, McRae, Georgia, that lies between Oak Street (U. S. Highway No. 341) on the northeast and Parsonage Street on the southwest; empowering said city to convey at any time or times the fee simple title to any part, parts or all of said tract of land to adjacent landowners; and for other purposes. This 20th day of December, 1963. /s/ E. B. Smith, Jr., Representative, Telfair County, Georgia. /s/ James T. Windsor, Mayor City of McRae, Georgia. Approved March 26, 1964. Page 3231 LEE COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 1012 (House Bill No. 848). An Act to abolish the present mode of compensating the clerk of the Superior Court of Lee County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said offices; to provide for the employment of deputies, clerks, assistants and all required personnel by said officer; to provide for the compensation for such personnel; 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 present mode of compensating the clerk of the Superior Court of Lee County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for said officer is prescribed as hereinafter provided for. Salary basis. Section 2. The clerk of the superior court shall receive an annual salary of not less than $7,500.00 and not more than $8,500.00 to be fixed by the governing authority of Lee County, payable in equal monthly installments from the funds of Lee County. Salary. Section 3. After the effective date of this Act, the clerk shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in his office, and shall receive and hold the same in trust for said county as public monies, and shall pay the same into the county treasury on or before the 10th day of each month next following the month in which they were Page 3232 collected or received. At the time of each such monthly payment into the county treasury, the clerk shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. The clerk is authorized to employ such personnel to assist him in discharging the official duties of his office as he shall deem proper. Such personnel's compensation shall be paid from county funds. However, the total compensation to be paid by the county for all such personnel shall not exceed $1,800.00 during any one calendar year, payable in equal monthly installments. It shall be within the sole power and authority of the clerk, during his term of office, to designate and name the person or persons who shall be employed as deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Deputies, etc. Section 5. The necessary operating expenses of the clerk's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of his office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. Supplies, etc. Section 6. The provisions of this Act shall become effective on April 1, 1964. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice of Intention to Introduce for Passage a Local Bill. Page 3233 Notice is hereby given that at the 1964 January-February Session of the General Assembly of Georgia a bill will be introduced to place the clerk of the Superior Court of Lee County, Georgia on a salary basis, and for other purposes. This 19th day of January, 1963. H. G. Hall, Representative, Lee County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Goodwin Hall, who, on oath, deposes and says that he is Representative from Lee County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald, which is the official organ of said county, on the following dates: December 20 and 27, 1963 and January 3, 1964. /s/ H. Goodwin Hall, Representative, Lee County. Sworn to and subscribed before me, this 20 day of January, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 26, 1964. Page 3234 DUTIES OF CLERKS OF SUPERIOR COURT IN CERTAIN COUNTIES. No. 1013 (House Bill No. 876). An Act to provide that in counties having a population of not less than 6,200 and not more than 6,225, according to the United States Decennial Census of 1960 or any future such decennial census, the clerk of the superior court of any such county shall be ex officio of the ordinary's court for the purpose of attending such court in all cases for the violation of traffic laws in such county, pursuant to an Act approved February 16, 1938 (Ga. L. 1937-38, Ex. Sess., p. 558), relating to jurisdiction for traffic cases; to provide that the justice of the peace in any such county shall draw warrants for such cases; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties having a population of not less than 6,200 and not more than 6,225, according to the United States Decennial Census of 1960 or any future such decennial census, the clerk of the superior court of any such county shall be ex officio clerk of the ordinary's court for the purpose of attending such court in all cases for the violation of traffic laws in such county, pursuant to an Act approved February 16, 1938 (Ga. L. 1937-38, Ex. Sess., p. 558), relating to jurisdiction for traffic cases. The justice of the peace in any such county shall draw the warrants for the ordinary's court in all such cases and receive the fee provided by law therefor. Where applicable, duties, etc. Section 2. This Act shall become effective January 1, 1965. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1964. Page 3235 UPSON COUNTYBOND AND COMPENSATION OF COMMISSIONERS OF ROADS AND REVENUES. No. 1015 (House Bill No. 911). An Act to increase the compensation of the chairman of the board of commissioners of roads and revenue of Upson County; to increase the compensation of the other members of the said board; to provide that all members of said board shall be required to give bond; 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 from and after the passage of this Act the chairman of the board of commissioners of roads and revenue of Upson County shall receive as compensation, the sum of $4,800.00 per annum to be payable monthly. Chairman. Section 2. That from and after the passage of this Act the members of the board of commissioners of roads and revenue of Upson County, other than the chairman of said board, shall receive as compensation, the sum of $2,400.00 per annum to be payable monthly. Members. Section 3. That from and after the passage of this Act all members of the board of commissioners of roads and revenue of Upson County shall give bond in the sum of $10,000.00 payable to the ordinary of Upson County conditioned for the faithful performance of their duties as such commissioners, which bonds shall be filed, approved and recorded by said ordinary in his office. Bond. Section 4. This bill shall be effective, as of the date of its passage and approval as required by law. Section 5. 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. Page 3236 Notice is hereby given that there will be introduced at the January, 1964, session of the General Assembly of Georgia a Bill to increase the compensation of the chairman of the board of commissioners of roads and revenue of Upson County; to increase the compensation of the other members of the board of commissioners of roads and revenue of Upson County; to provide that all members of said board shall be required to give bond; and for other purposes. This 21st day of December, 1963. /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 January 9, 1964, and January 23, 1964. Thomaston Publishing Company By: Leon Smith Sworn to and subscribed before me, this 27th day of January, 1964. Page 3237 /s/ Dickson Adams, Notary Public, Upson County, Georgia. My Commission Expires April 10, 1966. (Seal). Approved March 26, 1964. VILLAGE OF NORTH ATLANTACHARTER ABOLISHED. No. 1017 (House Bill No. 974). An Act to abolish the Village of North Atlanta; to withdraw the certificate and charter of incorporation granted to the Village of North Atlanta filed in the office of the clerk of superior court of DeKalb County on January 12, 1924; to declare the territory described in said certificate of incorporation and the petition therefor to be a part of the unincorporated area of DeKalb County; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of same: Section 1. That the Village of North Atlanta be, and the same is hereby, abolished and the certificate and charter of incorporation granted by the Honorable John B. Hutcheson, Judge, Superior Court of DeKalb County, Georgia, filed in the office of the clerk of Superior Court of DeKalb County, Georgia, on January 12, 1924, be, and the same is hereby, withdrawn, cancelled and declared to be null and void. Section 2. That all territory described as comprising the area of North Atlanta in the said petition for incorporation for the Village under the name and style of North Atlanta and certificate and order granted thereon as recorded in charter book 2, page 43, and superior court minute book 31, page 264, office of the clerk of Superior Court of DeKalb County, Georgia, be, and the same is hereby, declared Page 3238 to be in the unincorporated area of DeKalb County, Georgia. Section 3. This Bill is enacted pursuant to directive of referendum held in accordance with the provisions for referendum set forth in the Act approved April 12, 1963, (Ga. L. 1963, p. 3457, et seq.). The canvassed returns of the results of that election as reported to the Secretary of State reflecting that 508 votes were cast for the first alternative set forth in said Act for the approval of the granting of a legislative charter, 55 votes were cast for the second alternative in said Act for the retention of the existing charter, and 842 votes were cast for the third alternative against the approval of the granting of a legislative charter and for the surrender of the present charter. Section 4. In the event any section, part, paragraph or clause of this Act be declared to be illegal or unconstitutional by a court of competent jurisdiction, such ruling shall not affect the remaining portions of said Act not so declared to be invalid or unconstitutional and the remaining portions of this Act shall remain in full force and effect. Section 5. This Act shall become effective on January 7, 1965, upon the expiration of the term of the present elected officials of the Village of North Atlanta unless all of such elected officials resign prior thereto, in which event this Act shall become effective upon the resignation of all present elected officials of the Village of North Atlanta. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Section 7. 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 Page 3239 publisher to the effect that said notice has been published as provided by law. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1964 Session of the General Assembly of Georgia a bill to abolish the Village of North Atlanta and withdraw its charter, and for other purposes. James A. Mackay Guy W. Rutland, Jr. J. Robin Harris DeKalb County Representatives Georgia, DeKalb County. Personally appeared before the undersigned officer authorized by law to administer oaths, Britt Fayssoux, who, being duly sworn, deposes and states on oath that he is general manager of the New Era Publishing Company, Inc., a Georgia corporation, and is authorized to make this affidavit on its behalf. Deponent avers that the New Era Publishing Company, Inc. is the publisher 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, and further avers that legal notice, a true copy of which is hereto attached, Notice of Intention to Introduce Local Legislation was duly published once a week for 3 weeks as required by law, the dates of publication being January 9, 16, and 23, 1964. /s/ Britt Fayssoux Sworn to and subscribed before me, this 28 day of January, 1964. /s/ Carl E. Wheeler, Notary Public, Georgia, State at Large. My Commission Expires Mar. 5, 1967. (Seal). Approved March 26, 1964. Page 3240 CITY OF EAST POINTLEGAL DEPARTMENT. No. 1020 (House Bill No. 1032). 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 especially an Act approved March 5, 1957 (Ga. L. 1957, Vol. II, pp. 2429, et. seq.); and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That an Act establishing a new charter for the City of East Point in Fulton County, approved August 19, 1912 (Ga. L. 1912, pp. 862, et. seq.), as revised and amended by an Act approved March 5, 1957 (Ga. L. 1957, pp. 2429, et. seq.), and as further amended by an Act approved March 3, 1962 (Ga. L. 1962, Vol. II, pp. 2865, et. seq.), and as further amended by an Act approved March 19, 1963 (Ga. L. 1963, Vol. II, pp. 3029-3030), be and the same hereby is further amended by striking section 120 of said Act approved March 5, 1957, which, as last heretofore amended, reads as follows: Section 120. The legal department of said city shall consist of a city attorney and such other assistant or associate 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. and by inserting in lieu thereof the following: Section 120. The legal department of said city shall consist of a regular full time city attorney, and such assistant Page 3241 or associate city attorney as may be authorized by the governing authority of said city, besides such other officers and employees as are provided by ordinance. Such governing authority shall appoint the city attorney for a term of four years, and until a successor is appointed and qualified, and his term shall run concurrently with that of the mayor; provided, the governing authority may appoint the city attorney and/or any member of the legal department to serve during good behavior and efficient service. He shall be included in the classified personnel of said city, and the provisions of the city charter, as amended, relating to workmen's compensation, group, life, hospitalization, and disability insurance, and to paid sick and vacation leave, shall apply to him and his dependents, and upon his payment to the East Point Officers and Employees Retirement Board of Trustees, the part of his compensation as city attorney which he would have been required to pay, (after adjustment of such part by crediting him with the dividend which he would have received under the 1962 amendment of said retirement system had he been a member of said system from the date of its establishment) he and his dependents shall be entitled to all of the rights and benefits of any other officer or employee of said city under the provisions of said city charter, as amended, relating to accident, death, disability, and retirement benefits. Legal department. Section 2. Notice of intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for each of the three (3) calendar weeks next preceding the introduction of this bill in the General Assembly, and once a week for three (3) weeks during a period of sixty (60) days immediately preceding the introduction of this bill in the General Assembly, and a copy of such notice certified by the publisher or accompanied by an affidavit of the author, to the effect that said notice has been published as required by the Constitution and provided by law is attached hereto and made a part of this bill. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Page 3242 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 theof 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 12th, 19th and 26th days of December, 1963, and on the 2nd and 9th days of January, 1964. As provided by laws. /s/ Frank Kempton Subscribed and sworn to before me, this 9th day of January, 1964. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission Expires Oct. 18, 1967. (Seal). Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the next regular session of the General Assembly of Georgia which convenes in January 1964, and the title to such bill or bills containing such legislation shall be as follows: 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 especially an Act approved March 5, 1957 (Ga. L. 1957, Vol. II, pp. 2429, et. seq.); and for other purposes. This December 5th, 1963. Page 3243 City of East Point By Ezra E. Phillips City Attorney East Point City Hall East Point, Georgia Approved March 26, 1964. CITY OF MACONAUTHORITY TO CONVEY TITLE TO DESCRIBED AIR SPACE. No. 1021 (House Bill No. 1044). An Act authorizing the City of Macon, through its governing authority, to convey to Huckabee Properties, Inc., the fee simple title in and to the air space lying above the 10 foot public alley in square 77 of said City which runs from Pine Street to twenty foot public alley connecting Third Street and Broadway, and which lies immediately to the southeast of property owned by Huckabee Properties, Inc. in lot 6 in said square 77; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. The City of Macon, through its governing authority, is hereby authorized and empowered to convey to Huckabee Properties, Inc. the fee simple title in and to all or any part of the air space, as hereinafter more specifically described, lying above the 10 foot public alley in square 77 of said city which runs from Pine Street in a southwesterly direction to the 20 foot public alley connecting third Street and Broadway, and which lies immediately to the southeast of property owned by Huckabee Properties, Inc. in lot 6 of square 77. The air space is more particularly described as follows: it has a width equal to the full width of said 10-foot public alley; in length, it begins at the entrance into said alley from Pine Street, and extends in a southwesterly direction a distance of 150 feet, more or less, Page 3244 which is the full depth of the adjoining property in lot 6, square 77, owned by Huckabee Properties, Inc.; and it begins at a height of 15 feet, more or less, above the present level of said public alley and extends upward to a height of 36 feet or to such additional height as may be needed by Huckabee Properties, Inc. in connection with the erection and operation of a parking garage and related activities. The powers hereby granted are not intended to supersede those which are found in the charter of the City of Macon but are intended to be in addition to said powers. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. There is attached hereto and made a part of this Act a copy of a notice of intention to apply for the passage of this Act together with the affidavit of the author of the Act to the effect that said notice has been published as provided by law. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of the following local legislation at the 1964 Session of the General Assembly of Georgia: An Act authorizing the City of Macon, through its governing authority, to convey to Huckabee Properties, Inc., the fee simple title in and to all of the air space, as hereinafter more specifically described, lying above the 10 foot public alley in square 77 of said City which runs from Pine Street in a southwesterly direction to the 20 foot public alley connecting Third Street and Broadway, and which lies immediately to the southeast of property owned by Huckabee Properties, Inc., in lot 6 of said square 77. The air space is more particularly described as follows: It has a width equal to the full width of said 10 foot public alley in length, it begins at the entrance into said alley from Pine Street, and extends in a southwesterly direction a distance of 150 feet, more or less, which is the full depth of the adjoining property in lot 6, square 77, owned by Huckabee Properties, Inc.; and it begins at a height of 15 feet, more or less, above Page 3245 the present level of said public alley and extends upward to a height of 36 feet or to such additional height as may be needed by Huckabee Properties, Inc., in connection with the erection and operation of a parking garage and related activities. This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the Constitution of the State of Georgia of 1945. This the 16th day of December, 1963. Trammell F. Shi, City Attorney. 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 Telegraph and News, which is the official organ of said county, on the following dates: December 27, 1963; January 3 and 10, 1964. /s/ William E. Laite, Jr., Representative, Bibb County. Sworn to and subscribed before me, this 3rd day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 26, 1964. Page 3246 CRIMINAL COURT OF FULTON COUNTYCOMPENSATION OF ASSISTANT SOLICITORS-GENERAL. No. 1022 (House Bill No. 1051). An Act to amend an Act entitled An Act to establish the Criminal Court of Atlanta, approved September 6, 1891, as amended by an Act approved February 23, 1935 and as further amended by an Act approved March 28, 1935, and as further amended by an Act approved February 7, 1950, also as amended by an Act approved January 27, 1951, also as amended by an Act approved February 1, 1951, also as amended by the Act approved February 26, 1957, also as amended by an Act approved February 2, 1961, and other amendatory Acts thereof, so as to increase and fix the annual salary of the first assistant solicitor-general, and each of the four assistant solicitors-general of the Criminal Court of Fulton 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 authority of the same. Section 1. The Act establishing the Criminal Court of Atlanta, approved September 6, 1891, as amended by an Act approved February 23, 1935, and as further amended by an Act approved March 28, 1935, and as further amended by an Act approved February 7, 1950, also as amended by an Act approved January 27, 1951, also as amended by an Act approved February 1, 1951, and as amended by an Act approved February 26, 1957, and as amended by an Act approved February 2, 1961 and other amendatory Acts thereof the Act approved February 2, 1961, (Ga. L. 1961, p. 2032) is particularly amended as follows: By striking from section 2, page 2033, said Acts of 1961, the figures $8,000.00 on line 7 of said section 2 and substituting therefor the figures $10,000.00 and by striking the figures $10.000.00 on line 7 of said section 2 and substituting therefor the figures $12,000.00, so that the said Act and said section 2 thereof when amended shall read as follows: Page 3247 Section 2. There shall be four (4) assistant solicitors-general of the Criminal Court of Fulton County in addition to the first assistant solicitor-general who shall be appointed by the solicitor-general of said court and shall serve at his pleasure. Each of said assistant solicitors-general shall receive an annual salary of not less than $10,000.00 and not more than $12,000.00 as fixed by the solicitor-general of the court, which salary shall be payable in equal monthly payments out of the treasury of Fulton County. Be it further enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same: That the said Act approved February 15, 1960, Georgia Laws 1960, page 2088 and section 1 thereof is hereby amended as follows: By striking the figures $11,000.00 in line 5 of said section 1 and substituting the figures $13,000.00 therefor, so that said Act when amended shall read as follows: Section 1. There shall be a first assistant solicitor-general of the Criminal Court of Fulton County, who shall be appointed by the solicitor-general of said court and who shall serve at his pleasure. The first assistant solicitor-general shall receive a salary of $13,000.00 per annum, payable in equal monthly installments out of the treasury of Fulton County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. A copy of notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared that all of the requirements of law relating to notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. State of Georgia, County of Fulton. Page 3248 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 president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and the publication, of which is annexed a true copy, was published in said paper on the 9th, 16th, 23rd and 30th days of December 1963, as provided by law. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the 1964 session of the General Assembly, which convenes on Monday, January 13, 1964, 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 15, 1960 (Ga. L. 1960, p. 2088 et seq.) This legislation may contain any matter germane to said Acts, as amended. Oby T. Brewer, State Senator. /s/ Frank Kempton Sworn to and subscribed before me, this the 24th day of January, 1964. /s/ Frances K. Nixon, Notary Public, Georgia State at Large. My Commission Expires Jan. 8, 1968. (Seal). Approved March 26, 1964. Page 3249 WHITFIELD COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 1024 (House Bill No. 1112). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Whitfield County into the office of tax commissioner of Whitfield County and providing the procedure connected therewith, approved January 27, 1960 (Ga. L. 1960, p. 2019), so as to provide for the disposition of the commissions allowed by an Act approved January 17, 1938 (Ga. L. 1937-1938, Ex. Sess., p. 297), as amended, relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest; 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 Whitfield County into the office of tax commissioner of Whitfield County and providing the procedure connected therewith, approved January 27, 1960 (Ga. L. 1960, p. 2019), is hereby amended by adding at the end of section 4 the following: , including those commissions allowed by an Act approved January 17, 1938 (Ga. L. 1937-1938, Ex. Sess., p. 297), as amended, relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest, so that when so amended section 4 shall read as follows: Section 4. Be it further enacted by the authority aforesaid, that said county tax commissioner shall receive the sum of $9,500.00 per year as his compensation as tax commissioner of Whitfield County, Georgia, to be paid by the County of Whitfield in equal monthly installments at the end of each month. That all commissions, fees, emoluments and all other compensation allowed to the tax receiver and tax collector of Whitfield County, Georgia, after this Act Page 3250 becomes effective, shall be paid into the depository of Whitfield County, Georgia, and shall be the property of Whitfield County, Georgia, including those commissions allowed by an Act approved January 17, 1938 (Ga. L. 1937-1938, Ex. Sess., p. 297), as amended, relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest. 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, 1964, Session of the General Assembly of Georgia, a bill to amend an act placing the Officers on salaries of Whitfield County, approved January 27, 1960 (Ga. L. 1960, p. 2007) so as to provide for the disposition of the commissions allowed by an act approved January 17, 1938 (Ga. L. 1937-1938, Ex. Sess., p. 297, as amended) relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the tax net digest; to provide for the salary the county tax commissioner shall receive per year as his compensation as tax commissioner of Whitfield County, Georgia, to repeal conflicting laws; and for other purposes. /s/ Thomas Mitchell, Seat No. 1 /s/ Virgil T. Smith, Seat No. 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virgil T. Smith and Thomas Mitchell, who, on oath, depose and say that they are Representatives from Whitfield County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Daily Citizen-News, which is the official organ of said county, on the following dates: January 24, 31 and February 7, 1964. Page 3251 /s/ Virgil T. Smith, Representative, Whitfield County. /s/ Thomas M. Mitchell, Representative, Whitfield County. Sworn to and subscribed before me, this 10th day of February, 1964. /s/ Patty Sue Hurst, Notary Public, Georgia State at Large. My Commission Expires Dec. 31, 1967. (Seal). Approved March 26, 1964. CITY OF GAINESVILLEHOURS OF HOLDING ELECTIONS. No. 1026 (House Bill No. 1136). An Act to amend the charter of the City of Gainesville by providing that all municipal elections and referendums shall be held and conducted between the hours of 7:00 a.m. and 7:00 p.m. Be it enacted by the General Assembly of Georgia and it is enacted by authority of same as follows: Section 1. All municipal elections and referendums for the City of Gainesville, Georgia, shall hereafter be held and conducted between the hours of 7:00 a.m. and 7:00 p.m. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Page 3252 The undersigned personally appeared before the undersigned notary public and after being duly sworn deposes and says that he is a Representative from Hall County to the General Assembly of Georgia and that the attached copy of Notice of Local Legislation changing the Charter of the City of Gainesville, Georgia, was published in the Daily Times which is the official organ of Hall County, Georgia, on the following dates: January 24, 1964, January 28, 1964 and February 4, 1964. /s/ Howard T. Overby, Representative From Hall County, Ga. Sworn to and subscribed before me, this 10 day of February, 1964. /s/Glenn W. Ellard, Notary Public. (Seal). Notice of Local Legislation Changing the Charter of the City of Gainesville, Georgia. Notice is hereby given that the City Commission of the City of Gainesville, Georgia, will make application to the 1964 Session of the General Assembly of Georgia which convened in January 1964 for the passage of local legislation: 1. To amend the charter of the City of Gainesville; 2. To amend the charter of the City of Gainesville so as to provide that the hours of holding municipal elections in the City of Gainesville shall be the same as State law, that is from 7:00 a.m. to 7:00 p.m. Wiliam A. Pratt, Secretary to City Commission. Approved March 26, 1964. Page 3253 AUDITS BY BOARDS OF EDUCATION OF CERTAIN COUNTIES. No. 1028 (House Bill No. 1165). An Act to require county boards of education in counties having a population of not less than 50,000 nor more than 75,000 as determined by the United States decennial census of 1960 or any future decennial census to conduct a continuing and annual audit of the books and records of such boards of education; to provide the content of all such audits; to provide for the appointment, qualification, compensation and term of any auditor conducting such audit; to prescribe the duties of the auditor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act it shall be the duty of all boards of education in counties having a population of not less than 50,000 nor more than 75,000 as determined by the United States decennial census of 1960 or any later United States decennial census to conduct a continuing and annual audit of the financial affairs, books and records of each such board of education, said audit to be conducted at the end of each fiscal year of such boards. Where applicable, audits. Section 2. It shall be the duty of the board of education of each county provided for herein to obtain and appoint an independent certified public accountant or an independent firm of certified public accountants to conduct the audit provided for herein. The auditor so appointed shall make the audit provided for herein in accordance with generally accepted accounting principles and shall submit and complete a final report and audit no later than sixty (60) days after the close of the fiscal year of the board of education for which such audit is conducted. The final report of such audit shall be filed with the board of education of such county no later than the sixty (60) day period provided for hereinabove. Annual audits. Page 3254 Section 3. All audits provided for herein shall be certified to and shall include, but in no way be limited to, a full and complete audit containing a balance sheet, profit and loss statement, and statement of receipts and disbursements. In the statement of receipts and disbursements said audit shall list the names of any persons, firms, and corporations except employees and professional personnel on retainer who received any sum or sums of money from such board of education in excess of one hundred dollars ($100.00) per year, and shall further show the purpose or purposes for which such sums were spent. The audit so submitted shall also contain in addition to the above information a complete report from each separate department within the board of education, if any, which in any way received or disbursed county funds, such report to include all receipts and disbursements of each such department containing the information hereinbefore provided. Should such auditor discover any violation of the laws of Georgia or any irregularities in any of the finances or accounts of the county, it shall be the duty of such auditor immediately to report such violation or irregularity to the board of education of such county and to the grand jury then in session, or if no grand jury is in session, to the first convened after such violation or irregularity is discovered. Contents of audits. Section 4. It shall further be the duty of such auditor to furnish such other monthly and quarterly financial information as may be requested by the board of education. Monthly statements, etc. Section 5. All final audits shall be published, as soon as submitted, in the official newspaper of the county for which such audit was conducted in which the sheriff's advertisements regularly appear, and it shall be the duty of the board of education to see that such publication is made. Sufficient copies of the audit shall also be delivered to the clerk of the superior court of such county to be held by him for public inspection. The compensation of the auditor provided for herein shall be fixed by agreement between the board of education and the auditor selected to make such audit. No certified public accountant or firm of certified public accountants shall be employed as auditors for any board of education to make more than two consecutive Page 3255 annual audits. After a lapse of at least one yearly audit following any such employment for a period of two years any certified public accountant or firm of certified public accountants shall be eligible for reemployment. Publication of audits. Section 6. In the event any board of education shall fail or refuse to perform the duties set out above, then in that event, upon application of any person to the judge of the superior court of such county, said judge shall hear the facts as set forth and shall issue any order he deems necessary to carry out the provisions of this Act. Superior court. Section 7. Nothing in this Act shall be construed to prohibit or prevent any audit or audits now provided for or conducted in any of the counties provided for by this Act, and any such audits shall continue to be made and conducted as now provided. Intents. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 26, 1964. MAGISTRATE'S COURT OF CLARKE COUNTYJURISDICTION, JUDGE'S SALARY, ETC. No. 1029 (House Bill No. 1170). An Act to amend an Act entitled An Act to abolish the justice courts, the offices of the justices of the peace, the offices of constables in Clarke County; to establish a Magistrate's Court of Clarke County; to define the jurisdiction and powers of said new court; to provide for the election (and in some cases for the appointment), qualification, duties, powers and compensation of the judge and other officers thereof; to provide for pleadings and rules of practice and procedure therein; to repeal conflicting laws; and for other purposes., approved March 23, 1960 (Ga. L. 1960, p. 3208), so as to increase the civil jurisdiction of the Magistrate's Court of Clarke County; to Page 3256 grant said court authority to make final disposition in certain criminal misdemeanor cases wherein the accused may desire to waive the right to trial by jury; to change the compensation of the judge of said court and to provide an effective date for such change; to clarify the clerk's authority in administering oaths; 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 justice courts, the offices of the justices of the peace, the offices of constables in Clarke County; to establish a Magistrate's Court of Clarke County; to define the jurisdiction and powers of said new court; to provide for the election (and in some cases for the appointment), qualification, duties, powers and compensation of the judge and other officers thereof; to provide for pleadings and rules of practice and procedure therein; to repeal conflicting laws; and for other purposes., approved March 23, 1960 (Ga. L. 1960, p. 3208), is hereby amended by striking from section 3 thereof the words and symbols five hundred ($500.00) and substituting in lieu thereof the words and symbols one thousand ($1,000.00) so that when so amended said section 3 shall read as follows: Section 3. Said court and the judge thereof shall have all powers to do all acts which justices of the peace are now or may hereafter be authorized to do under the laws of Georgia, shall have jurisdiction as to subject matter to try and dispose of all cases wherein by law jurisdiction is conferred upon justices of the peace and justice courts, and said jurisdiction therein and thereover as to the amount shall extend to all cases wherein the principal amount shall be one thousand ($1,000.00) dollars or less. All proceedings and procedures not limited to but including those relative to pleadings, issuance of summons and warrants, committal hearings, trial by the court, trial by jury and appeal and certiorari shall be the same as is now or may hereafter be provided for justices of the peace and justice courts under the laws of this State, except as otherwise provided in this Act. Jurisdiction. Page 3257 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. When the crimes and offenses do not exceed the grade of misdemeanor and when the defendant shall first waive in writing a trial by jury, said court and the judge thereof shall also have jurisdiction and power to conduct trials, receive pleas of guilty or of nolo contendere and impose sentence upon defendants charged with and convicted of the violation of the penal provisions of any and all laws of this State now in force or hereafter enacted relating to the following classifications: Criminal procedure. (1) The laws governing the operation, regulation, and traffic of motor vehicles, particularly as set forth in an Act approved March 27, 1941 (Ga. L. 1941, p. 449), relating to the dimensions of vehicles; an Act approved February 12, 1951 (Ga. L. 1951, p. 90), relating to special permits for excessive loads; an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 331), relating to cash appearance bonds in traffic cases; an Act approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), known as the Uniform Act Regulating Traffic on Highways; an Act approved March 3, 1961 (Ga. L. 1961, p. 68), known as the Motor Vehicle Certificate of Title Act; and all Acts that have been enacted or may hereafter be enacted amending any of the Acts herein cited; and also including but not limited to the applicable provisions contained in Title 68 of the Code of Georgia Annotated as published by the Harrison Company of Atlanta, Georgia as such title exists at the time this Act becomes law. (2) The laws governing the operation, numbering and regulation of motor boats, particularly as set forth in an Act approved February 15, 1952 (Ga. L. 1952, p. 281), relating to the regulation of boat traffic; an Act approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 55) relating to the operation of boats by intoxicated persons; an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 331), relating to cash appearance bonds in traffic cases and the amendatory Act thereof, approved March 3, Page 3258 1962 (Ga. L. 1962, p. 530), extending the provision of said Act to include the violation of game, fish and boating laws; an Act approved March 7, 1960 (Ga. L. 1960, p. 235), known as the Georgia Motor Boat Numbering Act; and all Acts that have been enacted or may hereafter be enacted amending any of the Acts herein cited. (3) The laws governing game and fish, particularly as set forth in an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 331), relating to cash appearance bonds in traffic cases and the amendatory Act thereof, approved March 3, 1962 (Ga. L. 1962, p. 530), extending the provisions of said Act to include the violation of game, fish, and boating laws; an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 521), relating to licenses for commercial fishermen; an Act approved March 7, 1955 (Ga. L. 1955, p. 483), completely and exhaustively revising, superseding and consolidating the laws relating to game and fish; and all Acts that have been enacted or may hereafter be enacted amending any of the Acts herein cited. (4) The law governing the abandonment of minor children as set forth in Code Chapter 74-99 of the Code of Georgia of 1933, as amended. (5) The laws governing the inoculation of dogs against rabies as set forth in an Act approved March 9, 1945 (Ga. L. 1945, p. 448), and any Act that may hereafter be enacted amending said Act. (6) The laws relating to the public safety, particularly as set forth in an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. L. 1937, p. 322), and all amendatory Acts thereof; and also including but not limited to the applicable provisions contained in Code Chapters 92A-1 through 92A-4 of the Code of Georgia Annotated as published by the Harrison Company of Atlanta, Georgia as such chapters exist at the time this Act becomes law. Section 3. Said Act is further amended by adding two new sections at the end of section 4 to be designated section Page 3259 4 (a) and section 4 (b) and to read as follows: Section 4(a). The jurisdiction and powers of said court and the judge thereof shall extend over and throughout the entire County of Clarke and shall be exercised in the same manner and under the same procedure and proceedings as are provided in an Act approved February 16, 1938 (Ga. L. 1937-38, Ex. Sess., p. 558), relating to the jurisdiction of courts of ordinary, as amended by an Act approved March 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 416); an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 207), and any Act that may hereafter be enacted amending said Act. Section 4(b). In all other offenses herein, jurisdiction and power shall likewise be granted to said court and the judge thereof which is now or may hereafter be under the laws of this State granted to city courts and superior courts of this State where the offense does not exceed that of the grade of a misdemeanor and where the defendant shall first waive in writing a trial by jury. The judge of said court shall also have the power to require the posting of cash or surety bonds for appearance in said court and to forfeit the same for nonappearance. Section 4. Said Act is further amended by striking from section 11 the figures $7,800.00 and inserting in lieu thereof the figures $12,000.00 so that when so amended section 11 shall read as follows: Judge's salary. Section 11. The judge of said court shall receive a salary in the amount of $12,000.00 per annum which shall not be increased or diminished during his term of office except to apply to a subsequent term and which shall be paid monthly out of the treasury of the County of Clarke. Section 5. Said Act is further amended by inserting between the word execution and the word process in section 17, the following: including but not limited to dispossessory warrants, distress warrants, attachments and all other statutory proceedings, and Page 3260 so that when so amended Section 17 shall read as follows: Section 17. It shall be the duty of the clerk of said court to keep all dockets, books and records required of said court specifically by this Act and generally by the laws of this State; to make all reports and account for all costs, fines, and forfeitures as required specifically by this Act and by the laws of this State; to have a seal for said court; to issue, sign and attach seals thereto when necessary, every order, rule, summons, subpoena, writ, execution including but not limited to dispossessory warrants, distress warrants, attachments and all other statutory proceedings, and process or court paper under the authority of the court except criminal warrants; to attend all sessions of the court as required by the judge thereof, and generally to do and perform all duties as clerk of said court which clerks of the superior courts may do, insofar as applicable to the Magistrate's Court of Clarke County or as required in this Act. Clerk. Section 6. The provisions of section 4 of this Act shall become effective January 1, 1965. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. The public is hereby notified that the undersigned intends to make application to the General Assembly of Georgia at the January, 1964 session thereof for the passage of a local bill to amend an act entitled An Act to Amend the Clarke County Magistrate's Court, approved March 23, 1960 (Ga. L. 1960, p. 3208) so as to increase the Civil jurisdiction amount from $500.00 to $1,000.00 and to grant the Court authority for final disposition in certain criminal cases wherein the accused may desire to waive right of trial by jury and namely Chapter 88-99, 45-1 through 45-10, 74-99 and 17-6 of the Code of Georgia; to clarify the clerk's authority in administering oaths in regard to certain civil proceedings therein; and also to provide that the salary of the judge of said court shall be increased at the end of his Page 3261 present term of office (Beginning January 1, 1965) and to repeal conflicting laws. This the 15th day of January, 1964. /s/ Paul C. Broun, Sen. /s/ W. Randall Bedgood, Jr., Rep. /s/ Chappelle Matthews, Rep. Members of the General Assembly of Georgia, Clarke County. Georgia, Clarke County. Personally before me the undersigned attesting officer authorized by law to administer oaths, appeared J. I. Groover, agent for E. B. Braswell who, being put upon oath, deposes and swears that he is the publisher of the Athens Banner Herald; that the Athens Banner Herald is a newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to introduce local legislation was published in the Athens Banner Herald on January 17, 24 and 31, 1964. /s/ J. I. Groover, Agent. Sworn to and subscribed before me, this 31st day of January, 1964. /s/ Nellie Burpee, Notary Public, Clarke County, Georgia. Approved March 26, 1964. Page 3262 CITY OF COLUMBUSMAYOR'S SALARY No. 1031 (House Bill No. 1230). An Act to amend the charter of the City of Columbus as amended by House Bill number 381 of the General Assembly of Georgia 1963 Session (Ga. L. 1963, p. 2731, approved April 2, 1963) by amending the first sentence of the second paragraph of Sub-section B of section 3 of said Act by deleting the word $7,500.00 and inserting in lieu thereof the word $12,000.00, so that the first sentence of the second paragraph of sub-section B of section 3 of said Act, when thus amended, shall read as follows: The salary of the elected mayor shall be $12,000.00. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the charter of the City of Columbus as amended by House Bill Number 381 of the General Assembly of Georgia 1963 Session (Ga. L. 1963, p. 2731, approved April 2, 1963) be and it is hereby amended by deleting the word $7,500.00 from the first sentence of the second paragraph of sub-section B of section 3 of said Act and inserting in lieu thereof the word $12,000.00, so that the first sentence of the second paragraph of sub-section B of section 3 of said Act, when thus amended shall read as follows: The salary of the elected mayor shall be $12,000.00. 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 Page 3263 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, 1964, for the passage of a bill entitled as follows: An Act to amend the charter of the City of Columbus as amended by House Bill number 381 of the General Assembly of Georgia 1963 Session (Ga. L. 1963, p. 2731, approved April 2, 1963) by amending the first sentence of the second paragraph of sub-section B of section 3 of said Act by deleting the word $7,500.00 and inserting in lieu thereof the word $12,000.00, so that the first sentence of the second paragraph of sub-section B of section 3 of said Act, when thus amended, shall read as follows: The salary of the elected mayor shall be $12,000.00. This the 23rd day of January, 1964. /s/ Robert T. Davis, Jr. 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: January 25, February 1, 8, 1964. /s/ Maynard R. Ashworth Page 3264 Sworn to and subscribed before me, this the 8 day of February, 1964. /s/ Wallace A. Kitchens, Notary Public, Muscogee County, Georgia. My Commission Expires February 10, 1968. (Seal). Approved March 26, 1964. CITY OF AUSTELLCHARTER AMENDED. No. 1032 (Senate Bill No. 286). An Act to amend an Act amending, revising, consolidating and superseding the several Acts incorporating the Town of Austell, and reincorporating said town as a city, approved August 17, 1929 (Ga. L. 1929, p. 862), as amended, particularly by an Act approved March 17, 1959 (Ga. L. 1959, p. 3142), so as to extend the corporate limits; to redefine the wards of said city; to change the compensation of the mayor and councilmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending, revising, consolidating and superseding the several Acts incorporating the Town of Austell, and reincorporating said Town as a city, approved August 17, 1929 (Ga. L. 1929, p. 862), as amended, is hereby amended by adding between section 3H and section 4 a new section to be numbered section 3I to read as follows: Section 3I. On and after the approval of this Act the corporate limits of the City of Austell shall include the following tracts: ` Tract 1 . `All that tract or parcel of land lying and being in land lots no. 94, 95, 96, 97, 98, 135, 136, and 137 of the Page 3265 18th district, 2nd section of Cobb County, Georgia, and being more particularly described as follows: Corporate limits. `Beginning at a point on the north side of Humphries Hill Road, 1244 feet southwest of the intersection of the northwesterly side of Humphries Hill Road and the southwesterly side of Humphries Street; running thence westerly along the northerly side of Humphries Hill Road for a distance of 779.4 feet to a point; running thence north 1 degree, 30 minutes west for a distance of 200 feet to a point; running thence south 80 degrees, 30 minutes west for a distance of 100 feet to a point; running thence north 1 degree, 30 minutes west for a distance of 308 feet to a point located at the northeast corner of said land lot 95; running thence south 88 degrees, 30 minutes west for a distance of 894.6 feet to a point located on the east side of Paper Mill Road; running thence south along the east side of Paper Mill Road for a distance of 625 feet to a point located on the northerly side of Humphries Hill Road; running thence southwesterly along the northerly side of Humphries Hill Road for a distance of 548.3 feet to a point located on the west line of said land lot no. 95; running thence north 1 degree, 37 minutes west for a distance of 893.1 feet to a point located at the northeast corner of said land lot no. 96; running thence south 89 degrees, 28 minutes west along the north line of said land lot no. 96 for a distance of 1,342.8 feet to a point located at the northwest corner of said land lot no. 96; running thence south 0 degrees, 19 minutes east along the west line of said land lot no. 96 for a distance of 1,320.6 feet to the southwest corner of said land lot no. 96; running thence north 89 degrees, 55 minutes east along the south line of said land lot no. 96 for a distance of 200.9 feet to a point; running thence north 0 degrees, 19 minutes west for a distance of 132.8 feet to a point; running thence north 89 degrees, 55 minutes east for a distance of 240.4 feet to a point; running thence south 39 degrees, 02 minutes east for a distance of 160.7 feet to a point located on the northerly side of Humphries Hill Road; running thence southwesterly and westerly following the northerly side of Humphries Hill Road for a distance of 1,742.9 feet to a point; running thence north 0 degrees, 11 minutes west for a distance of 624 feet Page 3266 to a point; running thence south 88 degrees west for a distance of 234 feet to the southwest corner of said land lot no. 97; running thence north 2 degrees, 45 minutes west for a distance of 690 feet to a point; running thence north 41 degrees, 30 minutes west for a distance of 840 feet to a point; running thence south 86 degrees, 40 minutes west for a distance of 419 feet to a point; running thence south 1 degree east for a distance of 1,347.1 feet to a point located on the south line of said land lot no. 98; running thence north 88 degrees east for a distance of 210 feet to a point; running thence south 1 degree east for a distance of 753.8 feet to a point located on the south side of Humphries Hill Road; running thence easterly along the southerly side of Humphries Hill Road for a distance of 529.9 feet to a point; running thence south 24 degrees east for a distance of 613 feet to a point located at the southeast corner of said land lot no. 135 (said point being located on the line dividing Cobb County and Douglas County, Georgia); running thence north 89 degrees, 00 minutes east along the south line of said land lot no. 136 for a distance of 600 feet to a point; running thence north 7 degrees east for a distance of 210 feet to a point; running thence north 89 degrees east for a distance of 420 feet to a point located on the west side of Temple Street; running thence north along the west side of Temple Street for a distance of 571 feet to the south side of Humphries Hill Road; running thence northeasterly along the southerly and southeasterly side of Humphries Hill Road for a distance of 1,331.5 feet to a point; running thence south 1 degree, 35 minutes east for a distance of 125.5 feet to a point; running thence north 89 degrees, 55 minutes east for a distance of 591.8 feet to a point located at the southeast corner of said land lot no. 96; running thence north 1 degree, 37 minutes west for a distance of 191.5 feet to a point; running thence north 89 degrees, 26 minutes east for a distance of 441 feet to a point; running thence south 6 degrees, 15 minutes east for a distance of 191.5 feet to a point; running thence north 89 degrees, 26 minutes east for a distance of 783.1 feet to a point located at the southeast corner of said land lot no. 95; running thence north 1 degree, 30 minutes west along the east line of said land lot no. 95 for a distance of 775.8 feet to the southerly side of Humphries Hill Road; running thence Page 3267 easterly along the southerly side of Humphries Hill Road for a distance of 878 feet to a point; running thence north crossing Humphries Hill Road for a distance of 50 feet to a point and corner and the point of beginning. ` Tract 2 . `All that tract or parcel of land lying and being in land lot no. 1304 and 1305 of the 19th district, 2nd section, Cobb County, Georgia, and land lots 28 and 29 of the 18th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: `Beginning at a point where the north side of U. S. Highway No. 78 is intersected by the west side of Austell Road; running thence west along the north side of U. S. Highway No. 78 for a distance of 1,300.9 feet to the center line of Sweetwater Creek; running thence south following the center line of Sweetwater Creek for a distance of 60 feet, more or less, to the south side of U. S. Highway No. 78; running thence east along the south side of U. S. Highway No. 78 for a distance of 565.9 feet to a point; running thence south 0 degrees, 58 minutes west for a distance of 212.4 feet to a point; running thence north 78 degrees, 28 minutes east for a distance of 200 feet to a point; running thence north 0 degrees, 30 minutes east for a distance of 235.4 feet to a point located on the south side of U. S. Highway No. 78; running thence east along the south side of U. S. Highway No. 78 for a distance of 130 feet to a point and corner; running thence south 0 degrees, 30 minutes west for a distance of 150 feet to a point and corner; running thence north 71 degrees east for a distance of 195 feet to a point; running thence south 0 degrees, 30 minutes west for a distance of 29.7 feet to a point; running thence south 88 degrees east for a distance of 164.3 feet to a point located on the northwest side of Maxham Road; running thence northeasterly along the northwest side of Maxham Road for a distance of 253 feet to a point located on the south side of U. S. Highway No. 78; running thence north across U. S. Highway No. 78 for a distance of 60 feet to a point and corner and the point of beginning.' Section 2. Said Act is further amended by striking in its entirety section 6, and substituting in lieu thereof a Page 3268 new section 6 to read as follows: Section 6. Wards . Be it further enacted by the authority aforesaid, that the said City of Austell, created by this Act, shall be divided into four wards, to be known as first ward, second ward, third ward, and fourth ward. Said wards are and are hereby defined to be as follows: The first ward shall consist of all that territory of the city lying east of a line running down the center of Love Street from the city limits on the south to Mozley Street, also known as the Bankhead Highway, and south of a line running down the center of Mozley Street, also known as the Bankhead Highway, to the city limits on the east, same being substantially the southeast quadrant of said city. The second ward shall consist of all that territory of the city lying south of a line running down the center of Humphries Hill Road and Pacific Avenue from the city limits on the west to Powder Springs Street, and west of a line running down the center of Powder Springs Street and Love Street southerly to the city limits on the south, same being substantially the southwest quadrant of said city. The third ward shall consist of all that territory of the city lying north of a line running down the center of Mozley Street, also known as the Bankhead Highway, from the city limits on the east to Love Street, and east of a line running down the center of Love Street and Powder Springs Street northerly to the southwest corner of the Austell Elementary School property, owned by the Cobb County Board of Education, thence along the west line of said School property northerly to its end and then continuing northerly along said line to the city limits on the north, same being substantially the northeast quadrant of said city. The fourth ward shall consist of all that territory of the city lying north of a line running down the center of Humphries Hill Road and Pacific Avenue from the city limits on the west to Powder Springs Street, and west of a line running down the center of Powder Springs Street from its aforesaid intersection with Pacific Avenue northerly Page 3269 to the southwest corner of the Austell Elementary School property owned by the Cobb County Board of Education, thence along the west line of said School property northerly to its end and then continuing northerly along said line to the city limits on the north, same being substantially the northwest quadrant of said city. As existing and as intended herein Powder Springs Street is in effect an extension of Love Street north from its intersection with Mozley Street, also known as the Bankhead Highway; and Humphries Hill Road and Pacific Avenue are in effect the same street being known by the former name on the western portion thereof and by the latter name on the eastern portion thereof. Section 3. Said Act is further amended by striking from section 8 the following: three hundred ($300.00) dollars per annum, and substituting in lieu thereof the following: five hundred ($500.00) dollars per annum, so that when so amended, section 8 shall read as follows: Compensation of councilman. Section 8. Be it further enacted by the authority aforesaid, that said city shall be laid off into four wards, as above provided, and that one councilman shall be elected from each ward at the next annual election by the qualified voters of said city, and two councilmen shall be elected at the next annual election from the city at large, whose compensation shall not exceed five hundred ($500.00) dollars per annum, which shall be fixed by the mayor and council, but shall not be increased or diminished during the term for which said member is elected; and no person shall be eligible to represent, in the city council, any ward, unless he be a bona fide resident of such ward except as hereinafter provided. The term of office of each councilman shall be two years, except, of the six councilmen elected, three shall serve one year and three two years, and there shall be an election annually thereafter for the election of three councilmen to fill the places of three councilmen whose terms expire at the end of the year; it being the purpose of this section to provide that the election for councilmen shall be annually, so that one half shall go out each year. Provided, that at the first election for council members Page 3270 after this charter becomes effective, the ballot shall state which of the six council members are to hold office for one year, and which are to hold office for two years, and provided that the ballot shall specify which of one councilmen from the city at large is to hold office for the year and which is to hold office for two years. Section 4. Said Act is further amended by striking from section 16 the following: six hundred dollars ($600.00) per annum and substituting in lieu thereof the following: one thousand dollars ($1,000.00) per annum, so that when so amended, section 16 shall read as follows: Section 16. Be it further enacted, that the mayor shall receive a salary, not to exceed one thousand dollars ($1,000.00) per annum, to be fixed by the city council at such sum, not exceeding said amount, as the council may deem commensurate with the services performed by the mayor. The mayor shall be the chief executive officer of said city and see that the ordinances, by-laws, rules, and orders of the city council are faithfully executed. He shall have control of the marshal and police force of said city, and may appoint special officers to be known as deputy marshals whenever he may deem it necessary for the protection of persons or property or either and for the preservation of peace and good order of said city. He shall preside at all meetings of the city council, and shall have the veto power and may veto any ordinances, orders, or resolutions of the city council, in which event, the same shall not become a law or enforceable unless subsequently passed over his veto, after considering his reasons for the same by a vote of at least four councilmen on a yea and nay vote duly recorded in the minutes of said council; provided, however, the mayor shall not exercise his power of veto unless he shall reduce the same to writing and file same with the clerk of said city within four days after the measure vetoed. All city employees under the jurisdiction of the mayor and council shall be directly and immediately subject to the mayor, and he shall have the right to remove any employee by written order upon the cause, said order to be subject to the approval or rejection of the city council at their next regular meeting after the passage or issuance of said order by the Page 3271 mayor. The mayor shall have general supervision over the affairs of said city. He shall have power and authority to convene the city council in extra session whenever he deems it proper so to do, and he shall have vested in him all the powers and duties as are vested by general laws in the mayor of this State. Compensation of mayor. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 26, 1964. CITY OF EAST POINTMAYOR'S SECRETARY. No. 1033 (Senate Bill No. 348). An Act to amend an Act creating a new charter for the City of East Point in the County of Fulton, approved August 19, 1912 (Ga. L. 1912, p. 862), as amended, particularly by an Act approved March 5, 1957 (Ga. L. 1957, p. 2429), and an Act approved March 9, 1959 (Ga. L. 1959, p. 2284), so as to provide for a secretary for the mayor; to prescribe the procedure connected with her employment; 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 East Point in the County of Fulton, approved August 19, 1912 (Ga. L. 1912, p. 862), as amended, particularly by an Act approved March 5, 1957 (Ga. L. 1957, p. 2429), and an Act approved March 9, 1959 (Ga. L. 1959, p. 2284), is hereby amended by changing the period to a comma at the end of section 11 of the amendatory Act, approved March 5, 1957 (Ga. L. 1957, p. 2429), as amended by an Act approved March 9, 1959 (Ga. L. 1959, p. 2284), and by adding the following: Page 3272 who alone shall fix her compensation, but within limits allowed by the city council. Her duties and office hours shall be determined by the mayor, and she shall be subject to his orders only, and may be discharged, removed, or disciplined only by him while he remains mayor of said city subject to her right to a hearing before him in case of her demotion, suspension, discharge, or other discipline by him, and she shall otherwise be a `classified' employee of the city, entitled alike to the rights, benefits, and privileges of other `classified' steno-typests, including paid sick and vacation leave, group insurance, disability and retirement benefits, and seniority rights after six (6) months of good behavior and efficient service evidenced by a certificate by the mayor filed with the city council after expiration of such six (6) months probation, or resolution adopted by the city council of East Point after such probation, subject to all other laws, ordinances, rules and regulations of the city council of East Point, except as above provided by this section; provided, seniority shall not entitle her to appointment by a mayor succeeding the one under whose appointment she serves, but shall entitle her to the steno-typist position with said city which becomes vacant for which another with more seniority may not be entitled., so that when so amended section 11 shall read as follows: Section 11. Exclusive of the premiums paid by the city on group insurance the mayor shall receive an annual salary fixed for each year by the city council in January of such year, but such salary shall not be reduced during the term for which he shall have been elected. Each councilman shall receive an annual salary of $1,500.00 exclusive of premiums paid by the city on group insurance. Said salaries for mayor and councilmen shall be paid on the last day of each month in twelve (12) equal monthly installments. In addition to their respective salaries, each councilman shall receive $75.00 per month as expenses, and this monthly expense money shall be paid on the last day of the month for which it is allowed. The city council shall provide for payment of all reasonable expenses which may be incurred by the mayor in the discharge of his duties, including an efficient private secretary appointed by him, who alone shall fix her compensation, Page 3273 but within limits allowed by the city council. Her duties and offices hours shall be determined by the mayor, and she shall be subject to his orders only, and may be discharged, removed, or discplined only by him while he remains mayor of said city subject to her right to a hearing before him in case of her demotion, suspension, discharge, or other discipline by him, and she shall otherwise be a `classified' employee of the city, entitled alike to the rights, benefits, and privileges of other `classified' stenotypists, including paid sick and vacation leave, group insurance, disability and retirement benefits, and seniority rights after six (6) months of good behavior and efficient service evidenced by a certificate by the mayor filed with the city council after expiration of such six (6) months probation, or resolution adopted by the city council of Ease Point after such probation, subject to all other laws, ordinances, rules and regulations of the city council of East Point, except as above provided by this section; provided, seniority shall not entitle her to appointment by a mayor succeeding the one under whose appointment she serves, but shall entitle her to the steno-typist position with said city which becomes vacant for which another with more seniority may not be entitled. 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 26, 1964. CITY OF EAST POINTCORPORATE LIMITS. No. 1034 (Senate Bill 356). An Act to amend an Act establishing a new charter for the City of East Point in the County of Fulton, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) and the several Acts amendatory thereof, and especially an Act approved March 5, 1957 (Ga. L. 1957, Vol. II, pp. 2429, et seq.); and for other purposes Page 3274 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. An Act establishing a new charter for the City of East Point, Georgia, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.) is hereby amended by extending the city limits of the City of East Point, Georgia, to embrace the territory and inhabitants of the following described area: All that tract or parcel of land lying and being in land lot 194 of the 14th district of Fulton County, Georgia, being more particularly described as follows: Beginning at a point on the southeasterly side of Washington Road at the point formed by the intersection of the southeasterly side of Washington Road with the west line of Brooks Street (an unopened street); running thence south along the west line of said Brooks Street to the south line of said land lot 194; thence west along the south line of said land lot 194 to the present city limit line of the City of East Point; thence north along the present city limit line of the City of East Point to the southeasterly side of Washington Road; thence northeasterly along the southeasterly side of Washington Road to the west line of Brooks Street (an unopened street) and the point of beginning. Said land being that portion of the unincorporated area of Fulton County which is bounded on the south by the south line of land lot 194; bounded on the east by the west line of Brooks Street (an unopened street); and bounded on the west and north by the present city limits of the City of East Point, Georgia. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. See Enrolled Act for affidavit and advertisement. Approved March 26, 1964. Page 3275 VETOES (1963 Session) Veto No . Bill No . Subject Date of Veto No. 1 HB 167 To authorize and empower the City of St. Marys, Georgia, toborrow the sum of $37,000.00 from the First Federal Savings and Loan Association of Brunswick; to execute a promissory note for $37,000.00 to this association or other associations, and for other purposes. 3-14-63 No. 2 HR 47-107 Authorizing and directing the State Librarian to furnish certain law books to the Judge of the Superior Court of Hall County, and for other purposes. 4-2-63 No. 3 HB 642 To create a one member Commission of Roads and Revenues for Forsyth County; and for other purposes. 4-9-63 No. 4 HB 467 To place the Clerks of the Superior Court and the Ordinaries of certain counties on a salary in lieu of the fee system of compensation, and for other purposes. 4-9-63 No. 5 SB 159 To amend an Act reincorporating the Town of Young Harris as the City of Young Harris, approved March 17, 1960 (Ga. L. 1960, p. 2523), so as to change the number of council members; and for other purposes. 4-12-63 No. 6 HB 352 To provide that it shall be unlawful to own, possess, use, maintain or operate pin ball machines or similar machines in the State of Georgia; and for other purposes. 4-15-63 No. 7 HB 35 To amend an Act providing for the coverage of certain officers and employees of political subdivisions of the State under the Old Age and Survivors Insurance and relating to the State Board of Education; and for other purposes. 4-17-63 No. 8 HB 134 To amend an Act providing and establishing a charter for the City of Woodbury, in the County of Meriwether, and for other purposes. 4-17-63 No. 9 HB 152 To authorize the Board of Education of all counties of this State to insure the lives and health of all teachers and other employees of such boards of education, and authorizing such boards to pay the premiums to maintain such insurance; and for other purposes. 4-17-63 No. 10 HB 337 To amend an Act creating a new charter for the City of Douglasville; and for other purposes. 4-17-63 No. 11 HB 361 To repeal certain laws relating to duties of Clerks of Superior Courts and compensation paid for such duties; and for other purposes. 4-17-63 No. 12 HB 414 To amend an Act repealing the charter then existing of the City of Tifton and providing for a new charter for the City of Tifton, so as to provide that the minimum age of voting shall be 18 years, and for other purposes. 4-17-63 No. 13 HB 518 To provide that it shall be unlawful to display any sign or emblem purporting to convey the impression that the owner thereof is a member of the Governor's Staff without written permission; and for other purposes. 4-17-63 No. 14 HB 534 To authorize the City of Columbus and Muscogee County to appropriate and pay into the Health Fund of the County Board of Health all or any part of said Budget as to the commission of the City of Columbus and the Board of Commissioners of Roads and Revenues of Muscogee County as is deemed meet and proper, and for other purposes. 4-17-63 No. 15 HB 602 To amend an Act known as the Minimum Foundation Program for Education Act, as amended, so as to give each county school board certain authority in the matter of consolidating schools; and for other purposes. 4-17-63 No. 16 HB 638 To amend an Act relating to the reports of the State Auditor, so as to provide the time for furnishing copies to the members of the General Assembly; and for other purposes. 4-17-63 No. 17 SB 112 To amend an Act incorporating and creating a new charter for the City of Jasper, approved December 22, 1953 (Ga. L. 1953 Nov.-Dec. Sess., p. 3120), as amended, so as to change the corporate limits of said city; and for other purposes. 4-17-63 No. 18 SB 122 To amend an Act establishing a new charter for the City of Roswell approved February 9, 1950 (Ga. L. 1950, p. 2178), as amended, so as to change the corporate limits of said city; and for other purposes. 4-17-63 No. 19 SB 158 To amend the charter of the City of Macon contained in an Act approved August 3, 1927 (Ga. L. 1927, p. 1283), as heretofore amended, changed or re-enacted by adding definite provisions providing for sick and annual leave credits for members of the fire and police departments of said city; to repeal conflicting laws; and for other purposes. 4-17-63 No. 20 HB 1174 To amend an Act establishing the City Court of Wrightsville, so as to increase the compensation of the Judge, and for other purposes. 3-18-64 No. 21 HB 907 To amend an Act known as the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors as pertains to Coffee County; and for other purposes. 3-26-64 No. 22 HB 962 To amend an Act relating to the granting of bail for criminal offenses, so as to provide that as a matter of right in all offenses, except capital, the accused is entitled to bail; and for other purposes. 3-26-64 No. 23 HB 1218 To create a Board of Commissioners of Roads and Revenues for Forsyth County; to provide for elections and terms of office; and for other purposes. 3-26-64 No. 24 HB 1243 To amend an Act relating to the practice of all branches of professional engineering, so as to require the State Board of Registration for Professional Engineers and Land Surveyors to give examinations relating to certain proficiencies; and for other purposes. 3-26-64 No. 25 SB 200 To provide for the licensing and regulating of the business of selling, issuing, and delivering of checks, drafts and money orders as a service or for a fee or other considerations; to provide exemptions from such licensing and regulating; to repeal conflicting laws; and for other purposes. 3-26-64 No. 26 SB 279 To amend Code section 61-302, as amended, so as to provide that in certain counties property moved away from the premises pursuant to the execution of a dispossessory warrant or process shall be placed in storage; to repeal conflicting laws; and for other purposes. 3-26-64 No. 27 SB 349 Creating a Teachers' Retirement Fund, approved Mar. 19, 1943 (Ga. L. 1943, p. 640), as amended, so as to define, for the purposes of this Act, what salary deductions for contributions into the Fund shall be made; to repeal conflicting laws; and for other purposes. 3-26-64 No. 28 SB 350 To amend an Act providing for the retirement of judges of the Civil Court of Fulton County and others, approved Jan. 31, 1946 (Ga. L. 1946, p. 299), so as to allow additional time for payments into said retirement fund by such persons who qualify for participation; to repeal conflicting laws; and for other purposes. 3-26-64 No. 29 SB 360 To amend an Act governing and regulating the use of the public roads and highways of this State, approved Mar. 27, 1941, as amended, so as to provide for special blanket permits; to allow certain vehicles to exceed the width limitations; to repeal conflicting laws; and for other purposes. 3-26-64 Page 3279 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 RICHARD LAWTON JORDAN, JR. Law Assistant ARNOLD WRIGHT, JR. 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 H. E. NICHOLS Presiding Judge JOHN SAMMONS BELL Presiding Judge JOHN E. FRANKUM Judge ROBERT H. JORDAN Judge ROBERT H. HALL Judge HOMER C. EBERHARDT Judge ROBERT L. RUSSELL, JR. Judge CHARLES A. PANNELL Judge CHARLES N. HOOPER Law Assistant BEN ESTES Law Assistant MISS SARA BRENNAN Law Assistant H. GRADY ALMAND, JR. Law Assistant ROY M. THORNTON, JR. Law Assistant MRS. HELEN T. HARPER Law Assistant CHARLES J. DRIEBE Law Assistant MISS ALFREDDA SCOBEY Law Assistant LOUIS A. PEACOCK 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 3280 SUPERIOR COURT CALENDAR FOR 1964 JUDGES, SOLICITORS, AND CALENDAR ALAPAHA CIRCUIT. HON. H. W. LOTT, Judge, P. O. Box 7, Nashville. VICKERS NEUGENT, Solicitor-General, Austin St., Pearson. AtkinsonThird Monday in February; fourth Monday in October. BerrienFirst Monday in January; second Monday in September. ClinchFirst Mondays in March and October. CookFirst Mondays in February and November. LanierFourth Mondays in February 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 3281 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 3282 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 3283 CLAYTON CIRCUIT. HON. HAROLD R. BANKE, Judge, Rt. 1, Forest Park. Albert B. Wallace, Solicitor-General, Jonesboro. 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 3284 DUBLIN CIRCUIT. HON. HAROLD E. WARD, Judge, 402 Roberson St., Dublin. W. W. LARSEN, JR., Solicitor-General, 111 Country Club Rd., Dublin. JohnsonThird Mondays in March, June, September, and December. LaurensFourth Mondays in January, April, July and October. TreutlenThird Mondays in February and August. TwiggsSecond Mondays in January, April, July and October. EASTERN CIRCUIT. HONS. DUNBAR HARRISON, EDWIN A. McWHORTER, B. B. HEERY, Judges, Savannah. ANDREW JOE RYAN, JR., Solicitor-General, Savannah. ChathamFirst Mondays in March, June, September and December. FLINT CIRCUIT. HON. THOMAS J. BROWN, JR., Judge, McDonough. EDWARD E. McGARITY, Solicitor-General, McDonough. 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 3285 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 3286 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 Monday in March; second Monday in September. WhiteFirst 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 3287 OCMULGEE CIRCUIT. HON. GEORGE S. CARPENTER, Judge, Milledgeville. GEORGE D. LAWRENCE, Solicitor-General, Eatonton. BaldwinSecond Mondays in January, April, July, and October. GreeneFourth Mondays in January, April, July, and October. HancockFourth Mondays in March and September; second Mondays in June and December. JasperSecond Mondays in February, August, and November. JonesFirst Mondays in February and August; third Mondays in April and October. MorganFirst Mondays in March, June, September, and December. PutnamThird Mondays in March, June, September and December. WilkinsonFirst Mondays in January, April, July, and October. OCONEE CIRCUIT. HON. J. K. WHALEY, Judge, McRae. ALBERT D. MULLIS, Solicitor-General, 903 - 9th Ave., 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, Guyton COHEN ANDERSON, Solicitor-General, 3 Preston Dr., 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 3288 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 April and October. 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 3289 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 3290 TIFTON CIRCUIT. HON. J. BOWIE GRAY, Judge, Tifton. W. J. FOREHAND, Solicitor-General, P.O. Box 253, Tifton. 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 3291 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 3293 INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION. Austell; revenue bonds 1061 Baldwin County; off street parking, general obligation bonds 1029 Baldwin County; off street parking, revenue bonds 1037 Baldwin County; street improvements, etc. 1072 Barrow County; tax to encourage industrial development 1047 Berrien County; board of education 1021 Bibb CountyCity of Macon; joint tax collection, etc. 1067 Brooks County; school superintendent 859 Brunswick; downtown Brunswick 848 Brunswick; tax rate in territory hereafter acquired 965 Camden County; board of tax assessors 972 Camden County; stabilized tax program 847 Chatham CountyCity of Savannah; joint board of tax assessors 986 Chatham County; fire, water, etc. districts 874 Chattooga County; board of education, authority to borrow money 909 Clinch County Development Authority 913 Cobb County; business licenses 1024 Cobb County; garbage collection districts 920 Cobb County; incinerators and refuse facilities 936 Cobb County; office of coroner 1070 Cobb County; zoning and planning 814 Collection of business license fees by counties 1022 Colquitt County; board of education 893 Coweta County; fire, water, etc. districts 906 DeKalb County; collection of municipal taxes 967 DeKalb County; streets, sidewalks, etc. within municipalities 889 DeKalb County; tax for administrative cost of collecting construction cost of lateral sewer lines 990 Dublin-Laurens School System 903 Floyd County; education beyond twelfth grade 1063 Floyd County; merger of school systems 984 Forsyth County; board of education 975 Forsyth County; school superintendent 1019 Fulton County; office of coroner 872 Fulton County; Stadium in City of Atlanta 891 Gainesville and Hall County Development Authority 866 Greene County; board of education 969 Habersham County Industrial Development Authority 876 Habersham County; notices of proposed local legislation 918 Hall County; board of education 845 Hancock County; appointment of school superintendent 777 Hogansville Development Authority 794 Homestead exemption for certain disabled veterans 1027 Homestead exemptions for persons 65 years of age or older 939 Page 3294 Houston County Development Authority 1055 Johnson County Development Authority, tax to promote industry 838 Jones County; board of education 900 LaGrange Development Authority 779 Laurens County; board of education 941 Macon; lists of registered voters 931 Madison County; board of education 885 Medical Scholarships; repayment 944 Milledgeville; off street parking, general obligation bonds 1032 Milledgeville; off street parking, revenue bonds 1035 Muscogee County; school taxes 883 Newton County Industrial Development Authority 825 Oconee County; board of education 911 Paulding County; board of education 832 Program of guaranteed student loans 1015 Public Transportation of Passengers for Hire; Atlanta area 1008 Rockdale County; debt limitation 943 Sandersville; tax to promote industry 934 Screven County; board of education 835 Spalding County; street improvements, etc. 1045 State Scholarship Commission 1000 Stephen CountyCity of Toccoa; joint board of tax assessors 1040 Tallapoosa Development Authority 923 Thomas County; bonds and tax for educational facilities beyond twelfth grade 809 Thomaston; operation, etc. of utilities 897 Thomaston-Upson County Development Authority 817 Toccoa-Stephens County Building and Parks Authority 948 Troup County Development Authority 786 Vidalia Development Authority; extension of activities, tax exemption 1043 Waco Development Authority 860 Walker County; development authority, bonds 1013 Walker County; fire prevention districts 1017 Ware County; board of education 928 Warner Robins Development Authority 1049 Washington County; development authority 993 Washington County; tax to promote industry 998 Wayne County Industrial Development Authority 1002 West Point Development Authority 801 Whitfield County; board of education 978 Whitfield County; bonds and tax for educational facilities beyond twelfth grade 811 Workmen's compensation for school personnel 1011 CODE SECTIONS. 3-110.1Enacted Actions 140 3-1004Amended Loss of Consortium 763 10-301Amended Exceptions to reports of auditors 697 Page 3295 13-904Amended Banks and banking 689 13-1101Amended Banks and Banking 75 20-704Enacted Interpretation of contracts 414 21-105Amended Coroner's compensation 278 23-1703Amended Advertisement of public works contracts in certain counties (250,000 or more) 764 24-1801Amended Clerks for ordinaries in certain counties (18,110-18,120) 332 24-2603Amended Qualifications of judges of superior courts 363 24-2715Amended Superior court index records 412 24-2901Amended Qualifications of solicitors-general 362 26-2612Amended Larceny of domestic animals 277 26-2612.1Enacted Larceny of dogs 277 26-3805Amended Communication systems 768 27-2502, 27-2503Repealed Punishment for felonies 483 27-2506Amended Misdemeanor punishment 485 27-2526Repealed Punishment for felonies 483 27-2529Amended Fines in felony cases 496 29-401.1Enacted Voluntary deeds 475 Chapter 32-18Amended Health Code 499 32-911Amended Health Code 499 34-1301Amended Election precincts in certain counties 191 Chapter 35-2Amended Georgia Health Code 499 32-111Amended Compensation of Regents 454 32-503Amended State Superintendent of Schools 677 32-927Amended County Boards of Education 169 34-2301Amended Congressional Districts 478 Chapter 35-3Repealed Georgia Health Code 499 Chapter 35-6Amended Health Code 499 39-1105Amended Legal advertisements 77 42-102.1Enacted Drug inspectors 276 46-102Amended Garnishment 220 46-105Amended Garnishment 220 47-102Amended Lanier County 127 47-102Amended Senatorial districts 691 49-204Amended Sale, etc. of ward's estate 440 Chapter 49-6Amended Health Code 499 54-626Amended Employment Security Law 217 54-628Amended Employment Security Law 443 54-650.1Amended Employment Security Law 443 54-650.2Enacted Employment Security Law 443 56-407AAmended Uninsured motorist 306 56-1310Enacted Taxation of life insurance companies 122 56-2101Amended Reciprocal insurance defined 287 56-2430.1Enacted Cancellation of insurance policies 335 58-210Enacted Seizure of contraband 722 59-206Amended Grand jurors 284 60-209Amended Title to lands 170 64-202.1Enacted Quo warranto 766 67-108.1Enacted Railroad and public utility mortgages 368 Page 3296 68-502Amended Tow trucks, etc. 298 68-602Amended Tow trucks, etc. 297 74-101.1Enacted Legitimate children 166 74-9903Enacted Abandonment of pregnant wife 224 77-312Amended County prisoners 491 77-319Amended Rehabilitation of prisoners 734 77-519Revocation of paroles 497 77-525Amended Paroles 487 81-212.1Enacted Service of Process 301 84-205, 84-211, 84-215Amended Certification of Accountants 723 87-202Amended Bond elections 260 Title 88Amended Health Code 499 89-505Enacted Removal of officers convicted of a felony 689 89-816Amended Bonds of department heads 282 Chapter 91-1AEnacted State Properties Control Code 146 92-220Amended Applications for homestead exemptions in certain counties (250,000-500,000) 767 92-1403Amended Motor Fuel Tax Law 312 92-2902Amended Truck licenses 80 92-3102Amended Corporations' tax rate 67 92-3211Amended Income tax 453 92-3305bAmended Income tax 451 92-4101Amended City of Pelham 68 92-5301Amended Compensation of tax collectors and tax commissioners in certain counties (55,000-73,000) 733 92-5031Amended Tax Collectors compensation 208 92-6201Amended Tax returns 457 92-6206Amended Tax returns 333 92-6216Amended Tax returns 333 92-6402Amended Taxes due in installments in certain counties (250,000-500,000) 328 92-6917Amended Tax assessments 241 108-315Amended Trustees 270 Title 109AAmended Uniform Commercial Code 70 1131301Amended County administrators 300 113-1522Amended Attorney's fees 211 113-2307, 113-2308, 113-2309Enacted Discharge of executors 269 114-101Amended Workmen's Compensation 675 COURTS. SUPREME COURT. Membership in Employees' Retirement System 115 Office of justice emeritus 240 COURT OF APPEALS. Membership in Employees' Retirement System 115 Office of judge emeritus 239 Page 3297 SUPERIOR COURTS. Alapaha Circuit; terms, etc. 175 Brunswick Circuit; law books 3200 Clerks index records 412 Clerks' retirement fund 202 , 407 Coweta Circuit; assistant solicitor-general 361 Duties of clerks in certain counties (6,200-6,225) 3234 Eastern Circuit; clerk's salary 271 Federal Social Security for judges 303 Griffin Circuit; compensation of solicitor-general 321 Gwinnett; grand juries 237 Judges' qualifications 363 Judges Retirement Fund Act amended 198 , 720 Jury clerks in certain counties (500,000 or more) 2119 Law libraries in certain judicial circuits (65,500-65,600) 2929 Lumpkin; terms 442 Northern Circuit; judge's compensation 188 Procedure for summoning grand jurors 284 Seminole; terms 364 Solicitors-general, qualifications 362 Solicitor-general; retirement credit for service in armed forces 366 Solicitors-General Retirement Fund Act amended 214 , 758 Stone Mountain Circuit; salary of court reporter 329 Tifton Circuit; compensation of solicitor-general 279 White; terms 275 CITY COURTS. Albany; jurisdiction, etc. redefined 3053 Brunswick; sheriff 2572 Floyd; judge's salary 2167 Hinesville; solicitor's qualifications 2158 Leesburg; abolished 2075 Lexington; judge 2931 Louisville; practice and procedure 2399 Macon; destruction of certain records authorized 2780 Macon; rules in traffic cases 2782 Oglethorpe; solicitor placed on salary basis 2224 Polk; salaries 2936 Sandersville; name changed, court costs, etc. 2247 Savannah; compensation of sheriff 2511 Swainsboro; practice and procedure, terms, etc. 2581 Washington; name changed, court costs, etc. 2247 CIVIL AND CRIMINAL COURTS. Clayton; created 2032 Cobb; created 3211 Page 3298 CIVIL COURTS. Bibb; Practice and procedure 2381 Bibb; use of microfilm equipment, etc. 2688 CRIMINAL COURTS. Fulton; compensation of assistant solicitors-general 3246 JUVENILE COURTS Judges' salaries in certain counties (150,000-175,000) 2375 Judges' salaries in certain counties (250,000-350,000) 2596 COUNTIES AND COUNTY MATTERS. NAMED COUNTIES. Appling; officers placed on salary basis, referendum 2681 Atkinson; compensation of tax commissioner 2227 Atkinson; terms of superior court, etc. 175 Baldwin; off street parking, general obligation bonds; proposed amendment to the Constitution 1029 Baldwin; off street parking, revenue bonds, proposed amendment to the Constitution 1037 Baldwin; street improvements, etc., proposed amendment to the Constitution 1072 Barrow; tax to encourage industrial development, proposed amendment to the Constitution 1047 Berrien; board of education, proposed amendment to the Constitution 1021 Berrien; terms of superior court, etc. 175 Bibb; contract with named railroads authorized 2121 Bibb; joint tax collection, etc. with City of Macon, proposed amendment to the Constitution 1067 Bibb; lease of land by State authorized 747 Bibb; streets, etc. within municipalities 2831 Brooks; school superintendent, proposed amendment to the Constitution 859 Bulloch; clerical help for commissioners of roads and revenues 3126 Bryan; compensation of sheriff and clerk of superior court 2862 Camden; board of tax assessors, proposed amendment to the Constitution 972 Camden; stabilized tax program, proposed amendment to the Constitution 847 Carroll; assistant solicitor-general 361 Charlton; office of tax commissioner created 2459 Chatham; board of tax assessors, proposed amendment to the Constitution 986 Chatham; clerk of superior court 271 Chatham; compensation, etc. of ordinary 2251 Chatham; coroner's compensation 2513 Page 3299 Chatham; fire, water, etc. districts, proposed amendment to the Constitution 874 Chattooga; audits 2848 Chattooga; authority of board of education to borrow money, proposed amendment to the Constitution 909 Chattooga; clerk of superior court placed on salary basis 2991 Chattooga; compensation of commissioner of roads and revenues and clerk 2999 Chattooga; compensation of ordinary, etc. 3176 Chattooga; sheriff placed on salary basis 2996 Chattooga; tax collector placed on salary basis 2994 Chattooga; tax receiver placed on salary basis 2846 Clarke; jurisdiction, etc. of magistrate's court 3255 Clayton; paving of streets, etc. 2384 Clayton; public transportation, proposed amendment to the Constitution 1008 Clinch; compensation for road work 2842 Clinch; development authority, proposed amendment to the Constitution 913 Clinch; terms of superior court, etc. 175 Cobb; business licenses, proposed amendment to the Constitution 1024 Cobb; civil service system 2502 Cobb; commissioner of roads and revenues and advisory board 3117 Cobb; garbage collection districts, proposed amendment to the Constitution 920 Cobb; incinerators and refuse facilities, proposed amendment to the Constitution 936 Cobb; office of coroner abolished, proposed amendment to the Constitution 1070 Cobb; primary elections 2927 Cobb; public transportation, proposed amendment to the Constitution 1008 Cobb; zoning and planning, proposed amendment to the Constitution 814 Cobb; zoning law amended 3181 Colquitt; board of education; proposed amendment to the Constitution 893 Cook; election of commissioners of roads and revenues, referendum 2093 Cook; terms of superior court, etc. 175 Coweta; assistant solicitor-general 361 Coweta; fire, water, etc. districts, proposed amendment to the Constitution 906 Crisp; election of county commissioners 2253 DeKalb; collection of municipal taxes, proposed amendment to the Constitution 967 DeKalb; county depository 2933 DeKalb; members of planning commission 2876 DeKalb; pension board Act amended 2550 Page 3300 DeKalb; public transportation, proposed amendment to the Constitution 1008 DeKalb; recorder's court Act amended 2545 DeKalb; salary of court reporter 329 DeKalb; streets, sidewalks, etc. within municipalities, proposed amendment to the Constitution 889 DeKalb; tax for administrative cost of collecting construction cost of lateral sewer lines, proposed amendment to the Constitution 990 Dougherty; contracts with Albany Stadium Authority 2006 Dougherty; office of justice of the peace abolished 2593 Douglas; compensation of commissioners of roads and revenues 3084 Douglas; officers placed on salary basis 2082 Early; compensation of clerk of commissioners of roads and revenues 2754 Elbert; superior court judge's salary 188 Emanuel; land conveyance 745 Fayette; compensation of solicitor-general 321 Floyd; annual audits 2470 Floyd; compensation of tax commissioner, etc. 2855 Floyd; education beyond twelfth grade, proposed amendment to the Constitution 1063 Floyd; merger of school systems, proposed amendment to the Constitution 984 Floyd; number of deputy sheriffs 2881 Forsyth; board of education, proposed amendment to the Constitution 975 Forsyth; school superintendent, proposed amendment to the Constitution 1019 Franklin; superior court judge's salary 188 Fulton; board of education pension plan amended 3051 Fulton; employees' pension system 2978 Fulton; employees' pension system Act amended 3078 Fulton; Fulton County-City of Atlanta Study Commission 2835 Fulton; local education commission 3171 Fulton; office of coroner abolished, proposed amendment to the Constitution 872 Fulton; office of coroner replaced with office of medical examiner 2415 Fulton; pension Act for teachers, etc. amended 2908 Fulton; public transporation, proposed amendment to the Constitution 1008 Fulton; selection of tax commissioner 3136 Fulton; stadium in City of Atlanta, proposed amendment to the Constitution 891 Glynn; compensation of sheriff, etc. 2577 Gordon; tax commissioner placed on salary basis 3066 Greene; board of education, proposed amendment to the Constitution 969 Greene; commissioners of roads and revenues 2170 Page 3301 Gwinnett; grand juries 237 Gwinnett; public transportation, proposed amendment to the Constitution 1008 Habersham; industrial development authority, proposed amendment to the Constitution 876 Habersham; notices of proposed local legislation, proposed amendment to the Constitution 918 Hall; board of education, proposed amendment to the Constitution 845 Hall; development authority 2282 Hall; development authority, proposed amendment to the Constitution 866 Hall; street improvement assessments 2268 Hancock; compensation of tax commissioner 2087 Hancock; officers placed on salary basis, referendum 2088 Hancock; school superintendent, proposed amendment to the Constitution 777 Harris; compensation of commissioners of roads and revenues 2667 Harris; coroner placed on salary basis 2623 Harris; pension system 2648 Hart; board of finance, referendum 2028 Hart; superior court judge's salary 188 Heard; assistant solicitor-general 361 Houston; clerk of superior court placed on salary basis 2811 Houston; land conveyance 742 Houston; development authority, proposed amendment to the Constitution 1055 Houston; ordinary placed on salary basis 2816 Houston; sheriff placed on salary basis 2819 Houston; tax commissioner placed on salary basis 2813 Irwin; compensation of solicitor-general 280 Jenkins; terms of commissioners of roads and revenues 3073 Johnson; development authority, tax to promote industry, proposed amendment to the Constitution 838 Jones; board of education; proposed amendment to the Constitution 900 Lanier; senatorial district 127 Lanier; terms of superior court, etc. 175 Laurens; board of education, proposed amendment to the Constitution 941 Laurens; conveyance of school 754 Laurens; Dublin-Laurens School System, proposed amendment to the Constitution 903 Lee; clerk of superior court placed on salary basis 3231 Liberty; members, etc. of industrial authority 2110 Lowndes; land conveyance 752 Lumpkin; terms of superior court 442 McDuffie; commissioners of roads and revenues, referendum 2095 McDuffie; compensation, etc. of sheriff, referendum 2107 McDuffie; office of tax commissioner created, referendum 2104 Page 3302 Macon; clerk of superior court placed on salary basis 2216 Macon; coroner placed on salary basis 2218 Macon; ordinary placed on salary basis 2364 Macon; sheriff placed on salary basis 2220 Macon; tax collector placed on salary basis 2222 Macon; tax receiver placed on salary basis 2214 Madison; board of education, proposed amendment to the Constitution 885 Madison; superior court judge's salary 188 Meriwether; assistant solicitor-general 361 Monroe; commissioners of roads and revenues, referendum 2542 Murray; compensation of commissioner of roads and revenues, referendum 2672 Muscogee; public health department budget 2784 Muscogee; salaries of commissioners of roads and revenues 2321 Muscogee; school taxes, proposed amendment to the Constitution 883 Newton; industrial development authority, proposed amendment to the Constitution 825 Newton; salary of court reporter 329 Oconee; board of education, proposed amendment to the Constitution 911 Oglethorpe; superior court judge's salary 188 Paulding; board of education, proposed amendment to the Constitution 832 Paulding; watershed projects, etc. 2590 Peach; board of commissioners of roads and revenues, referendums 2627 Peach; compensation of tax commissioner 2625 Pickens; commissioner of roads and revenues, referendum 2066 Pike; compensation of solicitor-general 321 Polk; compensation of coroner 3082 Polk; compensation of ordinary, sheriff, etc. 3185 Polk; flood control, etc. 2982 Polk; office of tax commissioner created 2265 Rabun; clerk of superior court placed on salary basis 2241 Rabun; secretary for clerk of superior court 2157 Richmond; audits 2810 Richmond; board of education 2832 Richmond; elections to fill vacancies in county offices 2809 Rockdale; debt limitation, proposed amendment to the Constitution 943 Rockdale; salary of court reporter 329 Screven; board of education, proposed amendment to the Constitution 835 Seminole; terms of superior court 364 Spalding; compensation of solicitor-general 321 Spalding; street improvements, etc., proposed amendment to the Constitution 1045 Stephens; Stephens County-City of Toccoa; joint board of tax assessors, proposed amendment to the Constitution 1040 Page 3303 Stephens; Toccoa-Stephens County Building and Parks Authority, proposed amendment to the Constitution 948 Stewart; small claims court 2486 Tattnall; recording of family histories 2231 Thomas; bonds and tax for educational facilities beyond twelfth grade, proposed amendment to the Constitution 809 Thomas; sheriff placed on salary basis, referendum 2497 Tift; commissioners of roads and revenues, referendum 2900 Tift; compensation of solicitor-general 280 Tift; purchases on competitive bid basis, referendum 3069 Tift; small claims court 2944 Troup; assistant solicitor-general 361 Troup; development authority, proposed amendment to the Constitution 786 Turner; compensation of solicitor-general 280 Union; audits 2878 Upson; bond and compensation of commissioners of roads and revenues 3235 Upson; compensation of solicitor-general 321 Upson; development authority, proposed amendment to the Constitution 817 Upson; office of tax commissioner created 2062 Walker; clerk of superior court placed on salary basis, referendum 2024 Walker; development authority 3104 Walker; development authority, bonds, proposed amendment to the Constitution 1013 Walker; fire prevention districts 2643 Walker; fire prevention districts, proposed amendment to the Constitution 1017 Walker; ordinary placed on salary basis, referendum 2014 Walker; tax commissioner, referendum 2018 Ware; board of education, proposed amendment to the Constitution 928 Ware; office of tax commissioner created, referendum 2455 Washington; compensation of commissioners of roads and revenues and superintendent of roads and bridges 3097 Washington; development authority, proposed amendment to the Constitution 993 Washington; tax to promote industry, proposed amendment to the Constitution 998 Wayne; industrial development authority, proposed amendment to the Constitution 1002 Whitfield; board of education, proposed amendment to the Constitution 978 Whitfield; bonds and tax for educational facilities beyond twelfth grade, proposed amendment to the Constitution 811 Whitfield; commissioners of roads and revenues, referendum 2175 Whitfield; compensation of tax commissioner 3249 Whitfield, law books 2844 Wilkes; officers' salaries 2633 Page 3304 Wilkes; tax commissioner's duties 2378 Wilkinson; monthly statements of commissioners of roads and revenues 2535 Wilkinson; office of tax commissioner created 2314 Worth; compensation of solicitor-general 280 COUNTIES AND COUNTY MATTERSBY POPULATION. Population bracket Less than 300,000Workmen's Compensation Act applicable to school boards 675 2,675-3,250Compensation of tax commissioners 2485 4-540-4,550Compensation of sheriffs 2899 6,200-6,225Duties of clerks of superior courts 3234 6,305-6,450Powers of tax commissioner 2731 11,200-11,450Maintenance of abandoned wells 2533 11,725-12,025Judges of small claims courts 2528 13,100-13,150Compensation of commissioners of roads and revenues 3103 13,100-13,150Compensation of tax commissioners 2691 13,100-13,150Officers placed on salary basis 3100 15,250-15,500Coroners' compensation 278 18,110-18,120Clerks for ordinaries 332 18,150-18,450Use of voting machines 2864 23,300-23,699Small claims courts 2944 23,750-23,850Boards of tax assessors 3009 23,750-23,850Tax collectors compensation 208 40,000 or moreSale of alcoholic beverages 771 42,000-43,000Law libraries 2585 43,000-45,000Compensation of governing authority 2481 49,500-67,500Tax for roads 2898 50,000-75,000Audits by boards of education 3253 50,000-75,000Audits of hospital authorities 3075 55,000-73,000Tax commissioners' compensation 733 114,000-116,000Primary elections 2911 140,000-155,000Election precincts 191 150,000-175,000Emeritus offices 2427 250,000-350,000Juvenile court judges' salaries 2596 250,000-500,000Homestead exemptions 767 250,000-500,000Revision of tax assessments 241 250,000-500,000Salaries of named county officers 2309 250,000-500,000Sheriff's duties 2885 250,000-500,000Taxes due in installments 328 250,000-500,000Tax returns 457 250,000-500,000Use of voting recorders 3141 250,000 or moreAdvertisement of public works contracts 764 500,000 or moreJury clerks 2119 500,000 or moreUse of voting recorders 3149 550,000 or moreAssistant county administrators 300 Page 3305 COUNTIES AND COUNTY MATTERSBY POPULATION OF CITIES. Population bracket 300,000 or moreJoint City-County Boards of Tax Assessors in certain counties, attorneys 2423 300,000 or moreJoint City-County Boards of Tax Assessors in certain counties, members 2562 MUNICIPAL CORPORATIONSNAMED CITIES. Acworth; charter amended 3010 Acworth; lake authority 2524 Albany; contracts with stadium authority 2009 Albany; corporate limits 2886 Albany; sewer line assessments 2376 Albany; stadium authority 2003 Alma; authority to abandon alley 2905 Alpharetta; corporate limits, referendum 2988 Athens; land conveyance authorized 2012 Athens; recorder's salary, etc. 2135 Atlanta; authority to sell described property 3225 Atlanta; civil service system 2565 Atlanta; compensation of personnel board 2323 Atlanta; Fulton County-City of Atlanta Study Commission 2835 Atlanta; legal counsel for board of education 2116 Atlanta; local educational commission 3171 Atlanta; public transportation, proposed amendment to the Constitution 1008 Atlanta; tax for construction of stadium 2206 Atlanta; vacancies in office 2198 Augusta; charter amended 2403 Augusta; land conveyance authorized 383 Augusta; water service 2659 Austell; charter amended 3264 Austell; revenue bonds, proposed amendment to the Constitution 1061 Bartow; hours of holding elections 2299 Bogart; voter registration 2436 Brunswick; corporate limits 3086 Brunswick; downtown Brunswick, proposed amendment to the Constitution 848 Brunswick; tax rate in territory hereafter acquired, proposed amendment to the Constitution 965 Canon; new charter 3026 Canton; city manager 2257 Canton; corporate limits 2429 Canton; corporate limits, referendum 2431 Carrollton; compensation of councilmen 2515 Cedartown; primary elections 2984 Centerville; corporate limits 2860 Centerville; police court 2858 Page 3306 College Park; charter amended 2788 , 2801 College Park; corporate limits 2990 Columbus; mayor's salary 3262 Columbus; public health department budget 2784 Columbus; title to streets 2882 Commerce; education study commission 3157 Cordele; authority to sell certain land 2390 Culloden; charter amended 2537 Dallas; tax returns 2587 Dalton; corporate limits 2190 , 2359 Dalton; hours of holding elections 2358 Danielsville; charter amended 2370 Danville; charter amended 3128 Darien; new charter 2708 Dawsonville; mayor and councilmen 3094 Decatur; flood control 2397 Douglasville; city manager 2313 Douglasville; elections 2311 Dublin; Dublin-Laurens School System; proposed amendment to the Constitution 903 East Point; corporate limits 3273 East Point; legal department 3240 East Point; mayor's secretary 3271 East Point; personnel board of appeals 2557 East Point; petitions for referendums 2554 East Thomaston; corporate limits 2244 Ellaville; corporate limits 3008 Empire; new charter, referendum 2954 Ephesus; incorporated 2325 Fayetteville; charter amended 2386 Fitzgerald; corporate limits 2462 Fort Valley; elections, off street parking 2669 Gainesville; development authority 2282 Gainesville; development authority, proposed amendment to the Constitution 866 Gainesville; hours of holding elections 3251 Greenville; ad valorem tax rate, referendum 2154 Griffin; corporate limits 2418 Griffin; elections 2366 Griffin; employees' pension system 2368 Hamilton; new charter 2601 Hapeville; employees pension system amended 3138 Hapeville; sewer tax 2986 Hawkinsville; elections, etc. 2663 Hogansville; development authority, proposed amendment to the Constitution 794 Ivey; ad valorem tax rate 2318 Jasper; charter amended, referendum 2078 Jeffersonville; charter amended 2756 Kennesaw; charter amended 2354 Page 3307 Kingsland; elections 2263 Kingsland; meetings of council 2260 LaFayette; charter amended 3178 LaGrange; corporate limits 2235 LaGrange; development authority, proposed amendment to the Constitution 779 Lithonia; hours of holding elections 2473 Lithonia; office of recorder 2295 McRae; title to described property 3228 Macon; authority to convey title to described air space 3243 Macon; contract with named railroads authorized 2137 Macon; joint tax collection, etc. with Bibb County, proposed amendment to the Constitution 1067 Macon; land conveyance authorized 748 Macon; lists of registered voters, proposed amendment to the Constitution 931 Macon; voter registration 2676 Macon; water commissioners retirement system 2695 Marietta; charter amended 2822 Meigs; authority to close alley 2895 Milledgeville; off street parking, general obligation bonds, proposed amendment to the Constitution 1032 Milledgeville; off street parking, revenue bonds, proposed amendment to the Constitution 1035 Monroe; authority to close street 2050 Monroe; election of councilmen 2056 Monroe; mayor's salary 2052 Moultrie; corporate limits 2301 Moultrie; tax rate for schools, referendum 2305 North Atlanta; charter abolished 3237 Pelham; school board 2072 Pelham; tax rate 68 , 2070 Perry; numbered council posts 2805 Pine Lake; pensions for policemen 2483 Pine Mountain; corporate limits, referendum 2939 Pooler; charter amended, referendum 2288 Powder Springs; corporate limits 2807 Quitman; number of commissioners, referendum 2776 Rome; employees' retirement 2046 Rossville; ad valorem tax rate 3135 Roswell; charter amended 2799 Roswell; corporate limits 2791 , 2795 St. Marys; airport authority 2438 St. Marys; compensation of mayor and aldermen 2261 St. Marys; term of mayor 2693 Sandersville; corporate limits 2476 Sandersville; compensation of mayor, etc. 2292 Sandersville; tax to promote industry, etc., proposed amendment to the Constitution 934 Savannah; board of tax assessors, proposed amendment to the Constitution 986 Page 3308 Savannah; corporate limits 2233 Savannah; police jurisdiction 2850 Savannah; revenues for services 2425 Scotland; charter amended 3047 Sharpsburg; corporate limits 2200 Smithville; hours of holding elections 2229 Smyrna; charter amended 2913 Stapleton; date of electing mayor and councilmen 2773 Suwanee; new charter, referendum 2733 Tallapoosa; development authority, proposed amendment to the Constitution 923 Thomaston; charter amended 2517 Thomaston; development authority, proposed amendment to the Constitution 817 Thomaston; operation, etc. of utility systems, proposed amendment to the Constitution 897 Thomson; corporate limits 2196 Tifton; salaries of commissioners, referendum 2361 Tifton; water and sewer lines, referendum 2208 Toccoa; Stephens County-City of Toccoa, joint board of tax assessors, proposed amendment to the Constitution 1040 Toccoa; Toccoa-Stephens County Building and Parks Authority, proposed amendment to the Constitution 948 Turin; corporate limits 2202 Turin; water system 2204 Unadilla; authority to abandon alley 2059 Union City; charter repealed, referendum 2478 Vidalia; charter amended 2635 Vidalia; extension of activities of development authority, etc., proposed amendment to the Constitution 1043 Waco; development authority, proposed amendment to the Constitution 860 Warner Robins; development authority, proposed amendment to the Constitution 1049 Watkinsville; charter amended 2529 West Point; development authority, proposed amendment to the Constitution 801 Woodbury; ad valorem tax, referendum 2412 Woodstock; corporate limits, referendum 2351 Young Harris; terms of mayor and councilmen 2797 MUNICIPAL CORPORATIONSBY POPULATION Population Bracket 150,000 or moreEmployees' pension act amended 2407 , 2564 , 2598 , 3050 150,000 or moreFiremen's Pension Act amended 2161 , 2409 150,000 or morePension Act for policemen amended 2411 , 3001 300,000 or moreBond elections 260 300,000 or moreCompensation of golf professionals 2707 Page 3309 MUNICIPAL CORPORATIONSBY POPULATION OF COUNTIES. Population Bracket 40,000 or moreSale of alcoholic beverages 771 RESOLUTIONS AUTHORIZING COMPENSATION. Alred, Homer C. 3167 Banks, E. W. 2836 Bruce, Mrs. Louise 3199 Clarke, C. W. 2838 Cleveland, Oley F. 2839 Clinch County 2842 Collins, Mr. and Mrs. James 3202 Cranford, Bonnie J. and James U. 3188 Hattaway, James E. 3195 Holmes, J. D. 3169 Horton, Cyrus W., IV 3164 Houck, James M. 2841 Johnson, Julius W. 3201 Jones, Mrs. Katherine Landers 3208 Kane, Paul T. 3192 Moore, Lawrence 3166 Nimmer Chevrolet Company 2834 Oxford, Mrs. Cynthia L. 3206 Parker, Alfred Buren 3197 Patton, J. F. 3160 Somers, William C., Jr. 3191 Trout, Monte F. 3162 RESOLUTIONS AUTHORIZING LAND CONVEYANCES. Atlanta DeKalb Industrial Park, Inc. 376 City of Augusta 383 Committee of 100, Inc. 401 Emanuel County 745 Forbes, Mrs. Walter T. 393 Fowler, Noel B. 379 Houston County 742 Laurens County Board of Education 754 Lowndes County 752 City of Macon 748 Peed, Marvin 755 MISCELLANEOUS RESOLUTIONS. Allocation of funds to establish dental college recommended 726 O. H. Banks Bridge designated 247 Mrs. A. W. Bramblett, Sr. Poet Laureate 254 Committee to Study Industrial Safety 249 Page 3310 Constitution Revision Commission 387 Election Laws Study Committee 76 Expenses of fiftieth national convention of American Association of Highway Officials 392 Four Lane Highway North of Atlanta urged 381 Fulton County-City of Atlanta Study Commission 2835 Jim L. Gillis, Sr. Bridge designated 243 Matilda Harris Elementary School designated 403 E. Clyde Kelley Bridge designated 180 Law books to Brunswick Judicial Circuit 3200 Law books to Whitfield County 2844 J. Alvin Leaphart, Sr. Bridge designated 389 Lease of land in Bibb County to United States authorized 747 Lease of Land in Black Rock Mountain State Park authorized 160 Maynard Mill Bridge designated 251 Old Post Road designated 378 Old Soldiers Home bricks 751 Register of blind persons 386 Resources Advisory Board, Southeast River Basins 244 School Bus Transportation Study Committee 404 William Fred Scott, Sr. Highway designated 390 Senate Committee on Economy, Reorganization and Efficiency in State Government amended 744 Suspension of sales tax on Bibles, etc. ratified 179 Traffic Safety Committee 375 Hugh C. Tucker Bridge designated 246 Alexander H. Wray plaque 399 Page 3311 INDEX A ABANDONMENT OF PREGNANT WIFE Crime 224 ACCOUNTANCY, STATE BOARD OF Veterans credit 761 ACCOUNTANTS, CERTIFIED Fees 723 ACTIONS Deficiencies in improvements on real estate 140 Loss of consortium, statute of limitations 763 ACWORTH, CITY OF Charter amended 3010 ACWORTH LAKE AUTHORITY Members 2524 ADJUSTED SCHOOL PROPERTY TAX DIGEST Duty of State Auditor 706 ADMINISTRATIVE PROCEDURE ACT Enacted 338 ADOPTIONS Grounds for annulling repealed 411 ADVERTISEMENTS Rates for legal advertisements 77 ADVERTISING Outdoor advertising regulated 128 AGRICULTURE See also Commissioner of Agriculture . Agricultural products defined 296 Commodities Promotion Act amended 141 Farmers Market Authority Act amended 85 Fertilizer Act of 1960 amended 192 Nonresidents hauling agricultural products 242 Page 3312 AID TO DEPENDENT CHILDREN ACT Amended 125 Representatives to manage benefits 200 AID TO PERMANENTLY DISABLED ACT Amended 665 AID TO THE BLIND Representatives to manage benefits 200 AID TO TOTALLY AND PERMANENTLY DISABLED Representatives to manage benefits 200 AIR QUALITY CONTROL Chapter 88-9 Georgia Health Code 499 ALAPAHA JUDICIAL CIRCUIT Terms, etc. 175 ALBANY, CITY COURT OF Jurisdiction, etc. redefined 3053 ALBANY, CITY OF Contracts with Albany Stadium Authority 2009 Corporate limits 2886 Sewer line assessments 2376 ALBANY STADIUM AUTHORITY 1963 Act amended 2003 ALCOHOLIC BEVERAGES AND LIQUORS Act to legalize and control amended 62 Sale in certain counties and municipalities therein (40,000 or more) 771 ALCOHOLIC REHABILITATION Chapter 88-4 Georgia Health Code 499 ALIMONY Petitions to change permanent alimony 713 Page 3313 ALMA, CITY OF Authority to abandon alley 2905 ALPHARETTA, CITY OF Corporate limits, referendum 2988 ALRED, HOMER C Compensation for damages 3167 AMERICAN ASSOCIATION OF HIGHWAY OFFICIALS Expenses of fiftieth national convention 392 ANIMALS Abandonment of domestic animals 268 Larceny of dogs 277 APPLING COUNTY Officers placed on salary basis, referendum 2681 APPROPRIATIONS Law Department 232 Program for mentally retarded blind children 682 Supplementary Appropriations Act 183 AREA REDEVELOPMENT FINANCE ACT Enacted 728 ART Georgia Art Commission created 678 ARTIFICIAL INSEMINATION Legitimate children 166 ATHENS, CITY OF Land conveyance authorized 2012 Recorder's salary, etc. 2135 ATKINSON COUNTY Compensation of tax commissioner 2227 Terms of superior court, etc. 175 Page 3314 ATLANTA, CITY OF Authority to sell described property 3225 Civil service system 2565 Compensation of personnel board 2323 Fulton County-City of Atlanta Study Commission 2835 Legal counsel for board of education 2116 Local education commission in Atlanta and Fulton County 3171 Public transportation, proposed amendment to the Constitution 1008 Tax for construction of stadium 2206 Vacancies in offices 2198 ATLANTA DEKALB INDUSTRIAL PARK, INC. Land conveyance authorized 376 ATTORNEY GENERAL See also Law Department Office of Attorney General Emeritus 683 AUDITORS' REPORTS Exceptions 697 AUGUSTA, CITY OF Charter amended 2403 Land conveyance authorized 383 Water service 2659 AUSTELL, CITY OF Charter amended 3264 Revenue bonds, proposal amendment to the Constitution 1061 B BALDWIN COUNTY Off street parking, general obligation bonds, proposed amendment to the Constitution 1029 Off street parking, revenue bonds, proposed amendment to the Constitution 1037 Street improvements, etc., proposed amendment to the Constitution 1072 BANKS AND BANKING Investigation fee 689 Renewal of charters 75 Page 3315 BANKS, E. W. Compensation for damages 2836 BANKS, O. H. O. H. Banks Bridge designated 247 BARROW COUNTY Tax to encourage industrial development, proposed amendment to the Constitution 1047 BARTOW, TOWN OF Hours of holding elections 2299 BEDDING SANITATION Chapter 88-8 Georgia Health Code 499 BERRIEN COUNTY Board of education; proposed amendment to the Constitution 1021 Terms of superior court, etc. 175 BIBB COUNTY Contract with named railroads authorized 2121 Joint tax collection, etc. with City of Macon, proposed amendment to the Constitution 1067 Lease of land by State to United States authorized 747 Streets, etc. within municipalities 2831 BIBB COUNTY, CIVIL COURT OF Practice and procedure 2381 Use of microfilm equipment, etc. 2688 BIBLES Suspension of sales tax ratified 179 BILLS VETOED Bills vetoed by Governor listed 1075 , 3275 BLACK ROCK MOUNTAIN STATE PARK Lease of land to television station WSPA authorized 160 Page 3316 BLIND PERSONS Honorary fishing licenses 461 Program for mentally retarded blind children 682 Register of blind persons authorized 386 BOARD OF REGENTS Allocation of fund to establish dental college recommended 726 Compensation 454 Junior College Act amended 686 BOAT TRAILERS Certificate of title Act amended 178 BOATS Motor Fuel Tax Law amended 312 BOGART, TOWN OF Voter registration 2436 BOND ELECTIONS Consolidation in certain municipalities (300,000 or more) 260 BONDSSEE REVENUE BONDS AND CERTIFICATES BONDS OF DEPARTMENT HEADS Liability 282 BRAMBLETT, MRS. A. W., SR. Poet Laureate 254 BROOKS COUNTY School superintendent, proposed amendment to the Constitution 859 BRUCE, MRS. LOUISE Compensation for damages 3199 BRUNSWICK, CITY COURT OF Sheriff's compensation and duties 2572 Page 3317 BRUNSWICK, CITY OF Corporate limits 3086 Downtown Brunswick, proposed amendment to the Constitution 848 Tax rate in territory hereafter acquired, proposed amendment to the Constitution 965 BRUNSWICK JUDICIAL CIRCUIT Law books for judge 3200 BRYAN COUNTY Compensation of sheriff and clerk of superior court 2862 BUILDING AND LOAN ASSOCIATIONS Investments by fiduciaries, etc. 194 BULLOCH COUNTY Clerical help for commissioners of roads and revenues 3126 BUSINESS LICENSES Collection of business license fees by counties; proposed amendment to the Constitution 1022 C CAMDEN COUNTY Board of tax assessors, proposed amendment to the Constitution 972 Stabilized tax program, proposed amendment to the Constitution 847 CANON, CITY OF New charter 3026 CANTON, CITY OF City manager 2257 Corporate limits 2429 Corporate limits, referendum 2431 CAPITOL BUILDING Designation, etc. of office space 459 Page 3318 CARROLL COUNTY Assistant solicitor-general 361 CARROLLTON, CITY OF Compensation of councilmen 2515 CEDARTOWN, CITY OF Primary elections 2984 CENTERVILLE, CITY OF Corporate limits 2860 Police court 2858 CENTRAL OF GEORGIA RAILWAY COMPANY Contract with Bibb County 2121 Contract with City of Macon 2137 CERTIFICATION OF ACCOUNTANTS Fees 723 CERTIFICATE OF TITLE ACT Motor Vehicle Certificate of Title Act amended 178 , 436 CHARLTON COUNTY Office of tax commissioner created 2459 CHATHAM COUNTY Chatham County-City of Savannah; joint board of tax assessors, proposed amendment to the Constitution 986 Compensation, etc. of ordinary 2251 Coroner's compensation 2513 Fire, water, etc. districts, proposed amendment to the Constitution 874 Salary of clerk of superior court 271 CHATTOOGA COUNTY Audits 2848 Authority of board of education to borrow money, proposed amendment to the Constitution 909 Clerk of superior court placed on salary basis 2991 Compensation of commissioner of roads and revenues and clerk 2999 Compensation of ordinary, etc. 3176 Sheriff placed on salary basis 2996 Tax collector placed on salary basis 2994 Tax receiver placed on salary basis 2846 Page 3319 CHIEF DRUG INSPECTOR Police powers 276 CHILDREN Artificial Insemination 166 CIGARETTES Revenue Tax Act amended 50 CIGARS Revenue Tax Act amended 50 CITY COURT OF ALBANY Jurisdiction, etc. redefined 3053 CITY COURT OF BRUNSWICK Sheriff's compensation and duties 2572 CITY COURT OF FLOYD COUNTY Judge's salary 2167 CITY COURT OF HINESVILLE Solicitor's qualifications 2158 CITY COURT OF LEESBURG Abolished 2075 CITY COURT OF LEXINGTON Judge 2931 CITY COURT OF LOUISVILLE Practice and procedure 2399 CITY COURT OF MACON Destruction of certain records authorized 2780 Rules in traffic cases 2782 CITY COURT OF OGLETHORPE Solicitor placed on salary basis 2224 Page 3320 CITY COURT OF POLK COUNTY Salaries 2936 CITY COURT OF SANDERSVILLE Name changed to City Court of Washington County, court costs, etc. 2247 CITY COURT OF SAVANNAH Compensation of sheriff 2511 CITY COURT OF SWAINSBORO Practice and procedure, terms, etc. 2581 CITY COURT OF WASHINGTON COUNTY Named changed from City Court of Sandersville, court costs, etc. 2247 CIVIL AND CRIMINAL COURT OF CLAYTON COUNTY Created 2032 CIVIL AND CRIMINAL COURT OF COBB COUNTY Created 3211 CIVIL COURT OF BIBB COUNTY Practice and procedure 2381 Use of microfilm equipment, etc. 2688 CLARKE COUNTY Jurisdiction, judge's salary, etc. of magistrates' court 3255 CLARKE, C. W. Compensation for damages 2838 CLAYTON COUNTY Paving of streets, etc. 2384 Public transportation, proposed amendment to the Constitution 1008 CLAYTON COUNTY, CIVIL AND CRIMINAL COURT OF Created 2032 Page 3321 CLERKS OF SUPERIOR COURT See also named counties and named judicial circuits . Salaries in certain counties (250,000-500,000) 2309 CLERKS OF SUPERIOR COURTS RETIREMENT FUND ACT Amended 202 , 407 CLEVELAND, OLEY F. Compensation for damages 2839 CLINCH COUNTY Compensation for road work 2842 Terms of superior court, etc. 175 CLINCH COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 913 COBB COUNTY Business licenses, proposed amendment to the Constitution 1024 Civil Service System Act 2502 Commissioner of roads and revenues and advisory board 3117 Garbage collection districts, proposed amendment to the Constitution 920 Incinerators and refuse facilities, proposed amendment to the Constitution 936 Office of coroner abolished, proposed amendment to the Constitution 1070 Primary elections 2927 Public transportation, proposed amendment to the Constitution 1008 Zoning and planning commission, proposed amendment to the Constitution 814 Zoning law amended 3181 COBB COUNTY, CIVIL AND CRIMINAL COURT OF Created 3211 COLLEGE PARK, CITY OF Charter amended 2788 , 2801 Corporate limits 2990 COLLINS, MR. AND MRS. JAMES Compensation for death of son 3202 Page 3322 COLQUITT COUNTY Board of education; proposed amendment to the Constitution 893 COLUMBUS, CITY OF Mayor's salary 3262 Public health department budget 2784 Title to streets 2882 COMMERCE, CITY OF Education study commission 3157 COMMERCIAL CODE Uniform Commercial Code amended 70 COMMERCIAL UNION GROUP OF INSURANCE COMPANIES Alexander H. Wray plaque 399 COMMISSIONER OF AGRICULTURE See also Agriculture . Office of Commissioner of Agriculture Emeritus 683 COMMISSIONER OF LABOR See also Labor, Department of Office of Commissioner of Labor Emeritus 683 COMMISSIONERS OF ROADS AND REVENUES See also named county . Compensation in certain counties (13,100-13,150) 3103 COMMITTEE OF 100, INC. Easement authorized 401 COMMON AGENCY FUNDS Investments, etc. 215 COMMON TRUST FUNDS Maximum investments by trust estates 760 COMMUNICATION SYSTEMS Interfering with property 768 Page 3323 COMPTROLLER GENERAL Office of Comptroller General Emeritus 683 CONCURRENT SENTENCES Effect of concurrent sentences 494 CONGRESSIONAL DISTRICTS Designated 478 CONSORTIUM, LOSS OF Statute of limitation 763 CONSTITUTIONAL OFFICERS See also named office . Membership in Employees' Retirement System 115 CONSTITUTION REVISION COMMISSION Compensation of members 387 CONSTRUCTION CONTRACTS Supervisor of purchases 693 CONTRABAND Seizure, etc. of contraband used in manufacture of liquors 722 CONTRACTS Rules for interpretation 414 COOK COUNTY Election of commissioners of roads and revenues, referendum 2093 Terms of superior court, etc. 175 CORDELE, CITY OF Authority to sell certain land 2390 CORPORAL PUNISHMENT Use in schools 673 CORPORATIONS Filing of charter with Secretary of State 317 Tax rate 67 Page 3324 CORONERS See also named counties . Compensation in certain counties (15,250-15,500) 278 CORRECTIONS, STATE BOARD OF Costs of trials involving prison inmates 462 Misdemeanor prisoners 489 Rehabilitation of prisoners 734 COUNTIES See also named counties and Tabular Index Counties and County Mattersby Population. Business license fees, proposed amendment to the Constitution 1022 Compensation of governing authorities of certain counties (43,000-45,000) 2481 Confinement of prisoners 491 Emeritus offices in certain counties (150,000-175,000) 2427 Eminent domain for watersheds, etc. 234 Expenditure of funds for workmen's compensation for school personnel, proposed amendment to the Constitution 1011 Georgia Health Code 499 Legal investments 741 Prisoners good time allowances 493 Recreation systems, tax rates, etc. 213 Responsibility for misdemeanor prisoners 489 COUNTY ADMINISTRATORS Assistants in certain counties (550,000 or more) 300 COUNTY BOARDS OF EDUCATION See also named counties and Tabular Index Counties and County Mattersby Population. Expenditure of borrowed money 169 COUNTY OFFICERS See also named counties and Tabular Index Counties and County Mattersby Population. Disposition of fees when on salary basis 337 Placed on salary basis in certain counties (13,100-13,150) 3100 COUNTY TAXATION Taxes due in installments in certain counties (250,000-500,000) 328 COURT OF APPEALS Judges' membership in Employees' Retirement System 115 Office of judge emeritus 239 Page 3325 COWETA COUNTY Assistant solicitor-general 361 Fire, water, etc. districts, proposed amendment to the Constitution 906 COWETA JUDICIAL CIRCUIT Assistant solicitor-general 361 CRANFORD, BONNIE J. AND JAMES U. Compensation for damages 3188 CREDIT UNIONS Payments by State employees 255 CRIMES See also Criminal Procedure . Abandonment of domestic animals 268 Abandonment of pregnant wife 224 Conduct of officers, etc. of political subdivisions, etc. 261 Crab fishing in St. Andrews and Cumberland Sounds 174 Dealers in Firearms Act 177 Georgia Health Code 499 Illegal traffic in and removal of dead bodies. Chapter 88-27 Georgia Health Code 499 Interfering with communication systems 768 Larceny of dogs 277 Maintenance of abandoned wells in certain counties (11,200-11,450) 2533 Use of Governor's Staff emblems 198 CRIMINAL COURT OF FULTON COUNTY Compensation of assistant solicitors-general 3246 CRIMINAL PROCEDURE Concurrent sentences 494 Good time allowance of county prisoners 495 Costs of trials involving prison inmates 462 Fines in felony cases 496 Misdemeanor punishment 485 Penalties for violating size and load limitations of motor vehicles 476 Punishment in felony cases 483 Removal of State and county officers upon conviction of felony 689 Statutory good time allowance in felony cases 495 Page 3326 CRISP COUNTY Election of county commissioners 2253 CROSS ACTIONS Time of filing 165 CULLODEN, CITY OF Charter amended 2537 CUMBERLAND SOUND Taking of crab 174 CURRENT INCOME TAX PAYMENT ACT Amended 451 D DALLAS, CITY OF Tax returns 2587 DALTON, CITY OF Corporate limits 2190 , 2359 Hours of holding elections 2358 DANIELSVILLE, CITY OF Charter amended 2370 DANVILLE, TOWN OF Charter amended 3128 DARIEN, CITY OF New charter 2708 DAWSONVILLE, CITY OF Mayor and councilmen 3094 DEAD BODIES, BOARD OF DISTRIBUTION, ETC. Chapter 88-27 Georgia Health Code 499 DEALERS IN FIREARMS ACT Amended 177 Page 3327 DECATUR, CITY OF Flood control 2397 DECLARATORY JUDGMENTS State Literature Commission 161 DEEDS Effect of voluntary deeds 475 DEKALB COUNTY Collection of municipal taxes, proposed amendment to the Constitution 967 County depository 2933 Members of planning commission 2876 Pension Act amended 2550 Public transportation, proposed amendment to the Constitution 1008 Recorder's Court Act amended 2545 Salary of court reporter 329 Streets, sidewalks, etc. within municipalities, proposed amendment to the Constitution 889 Tax for administrative cost of collecting construction cost of lateral sewer lines, proposed amendment to the Constitution 990 DENTAL COLLEGE Allocation of funds to establish, recommended 726 DEPARTMENT OF FAMILY AND CHILDREN SERVICES Representatives to manage public assistance benefits 200 DEPARTMENT OF INDUSTRY AND TRADE Purchase of passenger carrying equipment 181 DEPARTMENT OF LABOR See also Commissioner of Labor Appropriation of funds 448 Employment Security Law amended 217 , 443 DEPARTMENT OF LAW Appropriation 232 DEPARTMENT OF PUBLIC HEALTH Georgia Health Code 499 Georgia Water Quality Control Act 416 Page 3328 DEPARTMENT OF PUBLIC SAFETY Construction cost of barracks, etc. 144 Director's salary 252 Driver licenses 171 Driver Responsibility Law amended 225 Vehicle Equipment Safety Compact 463 DEPARTMENT OF PUBLIC WELFARE Aid to permanently disabled 665 DEPENDENT CHILDREN Aid to Dependent Children Act amended 125 DISABLED, AID TO PERMANENTLY Act amended 665 DISABLED WAR VETERANS Homestead exemption 280 DOGS Larceny of dogs 277 DOMESTIC ANIMALS Abandonment 268 DOUGHERTY COUNTY Contracts by school system with Albany Stadium Authority 2006 Office of justice of the peace abolished 2593 DOUGLAS COUNTY Compensation of commissioners of roads and revenues 3084 Officers placed on salary basis 2082 DOUGLASVILLE, CITY OF City manager 2313 Elections 2311 DRIVER RESPONSIBILITY LAW Amended 225 DRUG INSPECTORS Police powers 276 Page 3329 DUBLIN-LAURENS SCHOOL SYSTEM Created, proposed amendment to the Constitution 903 E EARLY COUNTY Compensation of clerk of commissioners of roads and revenues 2754 EAST POINT, CITY OF Corporate limits 3273 Legal department 3240 Mayor's secretary 3271 Personnel Board of Appeals 2557 Petitions for referendums 2554 EAST THOMASTON, VILLAGE OF Corporate limits 2244 EASTERN JUDICIAL CIRCUIT Clerk's salary 271 EDUCATION See also name of municipality or County and Tabular IndexCounties and County Mattersby Population. Audits by certain county boards of education (50,000-75,000) 3253 Authority of State Board of Education to withhold funds 304 Bond of State Superintendent of Schools 677 Educational Improvement Council 711 Equalized adjusted school property tax digest 706 Georgia State Scholarship Commission 699 Higher Education Assistance Corporation 735 Junior Colleges Act amended 686 Minimum Foundation Program of Education 3 Program for mentally retarded blind children 682 Program of guaranteed student loans, proposed amendment to the Constitution 1015 Rehabilitation of prisoners 734 State Scholarship Commission, authorized, proposed amendment to the Constitution 1000 Use of corporal punishment in schools 673 Workmen's Compensation Act applicable to certain school boards (less than 300,000) 675 Workmen's compensation for school personnel, proposed amendment to the Constitution 1011 Page 3330 EDUCATION, COUNTY BOARDS OF See also named boards . Expenditures of borrowed money 169 EDUCATION, VOCATIONAL Register of blind persons authorized 386 ELBERT COUNTY Superior court judge's salary 188 ELECTIONS Bond elections in certain municipalities (300,000 or more) 260 Congressional districts 478 Election Laws Study Committee 76 Precincts in certain counties (140,000-155,000) 191 Primary elections in certain counties (114,000-116,000) 2911 Senatorial Districts, Lanier County 127 Time off for employees to vote 253 Use of voting machines in certain counties 2864 Use of voting recorders in certain counties (250,000-500,000) 3141 Use of voting recorders in certain counties (500,000 or more) 3149 ELLAVILLE, CITY OF Corporate limits 3008 EMANUEL COUNTY Land conveyance 745 EMBALMING Defined. 27-2713 Georgia Health Code 499 EMERITUS OFFICERS See also named offices . Act creating certain emeritus offices not applicable to future officers 683 Authorized in certain counties (150,000-175,000) 2427 EMPIRE, CITY OF New charter, referendum 2954 EMPLOYEES Rights of certain State employees contracting tuberculosis. Chapter 88-24 Georgia Health Code 628 Time off to vote 253 Page 3331 EMPLOYEES' HEALTH INSURANCE ACT Coverage for certain employees 196 EMPLOYEES' RETIREMENT SYSTEM Benefit tables, etc. 119 Credit for prior service; employees of General Assembly 158 Credit for prior service 237 Membership of appellate court judges and Constitutional officers 115 EMPLOYMENT SECURITY LAW Amended 217 Collection of tax, etc. 443 EPHESUS, CITY OF Incorporated 2325 EYE BANKS Chapter 88-20 Georgia Health Code 499 F FARMERS MARKET AUTHORITY ACT Bonds 85 FAYETTE COUNTY Compensation of solicitor-general 321 FAYETTEVILLE, CITY OF Charter amended 2386 FEDERAL SAVINGS AND LOAN ASSOCIATIONS Investments by fiduciaries, etc. 194 FEES Disposition when county officers on salary basis 337 FELONY CASES Fines 496 Punishment 483 Statutory good time allowance 495 Page 3332 FERTILIZER ACT OF 1960 Amended 192 FIDUCIARIES Investments in building and loan, etc. shares 194 Legal status, etc. 258 FINES Felony cases 496 FIREARMS Dealers in Firearms Act amended 177 FISHING LICENSES Honorary licenses for blind persons 461 FITZGERALD, CITY OF Corporate limits 2462 FLOYD COUNTY Annual audits 2470 Compensation of tax commissioner, etc. 2855 Education beyond twelfth grade, proposed amendment to the Constitution 1063 Merger of school systems, proposed amendment to the Constitution 984 Number of deputy sheriffs 2881 FLOYD COUNTY, CITY COURT OF Judge's salary 2167 FOOD SERVICE ESTABLISHMENTS Chapter 88-10 Georgia Health Code 499 FORBES, MRS. WALTER T. Land conveyance authorized 393 FORESTERS, STATE BOARD FOR REGISTRATION Amended 409 Page 3333 FORSYTH COUNTY Board of education, proposed amendment to the Constitution 975 School superintendent, proposed amendment to the Constitution 1019 FORT VALLEY, CITY OF Elections, off street parking 2669 FOWLER, NOEL B. Land conveyance authorized 379 FRANKLIN COUNTY Superior court judge's salary 188 FULTON COUNTY Board of education pension plan amended 3051 Employees' Pension System Act amended 2978 , 3078 Local education commission in Atlanta and Fulton County 3171 Office of coroner abolished and office of medical examiner created 2415 Office of coroner abolished, proposed amendment to the Constitution 872 Pension Act for teachers, etc. amended 2908 Public transportation, proposed amendment to the Constitution 1008 Selection of tax commissioner 3136 Stadium in City of Atlanta, proposed amendment to the Constitution 891 FULTON COUNTYCITY OF ATLANTA STUDY COMMISSION Time for making report extended 2835 FULTON COUNTY, CRIMINAL COURT OF Compensation of assistant solicitors-general 3246 G GAINESVILLE AND HALL COUNTY DEVELOPMENT AUTHORITY Created 2282 Created, proposed amendment to the Constitution 866 GAINESVILLE, CITY OF Hours of holding elections 3251 Page 3334 GAME AND FISH Honorary fishing licenses for blind persons 461 Salary of director 330 Taking of crab from St. Andrews and Cumberland Sounds 174 Trapping of rabbits 193 GARNISHMENT Affidavits and summons 220 GENERAL APPROPRIATIONS ACT Department of Law 232 Program for mentally retarded blind children 682 GENERAL ASSEMBLY Assignment of office space 459 Employees' retirement 158 GEORGIA ADMINISTRATIVE PROCEDURE ACT Enacted 338 GEORGIA AGRICULTURAL COMMODITIES PROMOTION ACT Amended 141 GEORGIA ART COMMISSION Created 678 GEORGIA EDUCATIONAL IMPROVEMENT COUNCIL Created 711 GEORGIA FARMERS MARKET AUTHORITY ACT Bonds 85 GEORGIA FERTILIZER ACT OF 1960 Amended 192 GEORGIA HEALTH CODE Enacted 499 GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION Created 735 Page 3335 GEORGIA HISTORICAL COMMISSION Members, etc. 455 GEORGIA INDUSTRIAL LOAN ACT Amended 288 GEORGIA MILITARY FORCES REORGANIZATION ACT OF 1955 Pay and allowances 684 GEORGIA PERMIT ACT Amended 336 GEORGIA PORTS AUTHORITY ACT Amended 285 GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT Agricultural products defined 296 Compensation of Dealers, etc. 57 Exempt transactions 672 Packaging exemption 206 GEORGIA SCIENCE AND TECHNOLOGY COMMISSION Created 717 GEORGIA SOUTHERN FLORIDA RAILWAY COMPANY Contract with Bibb County 2121 Contract with City of Macon 2137 GEORGIA STATE SCHOLARSHIP COMMISSION Created 699 GEORGIA WATER QUALITY CONTROL ACT Enacted 416 GILLIS, JIM L., SR. Jim L. Gillis, Sr. Bridge designated 243 GLYNN COUNTY Compensation of sheriff, etc. 2577 Page 3336 GOLF PROFESSIONALS Compensation when employed by certain municipalities (300,000 or more) 2707 GORDON COUNTY Tax commissioner placed on salary basis 3066 GOVERNOR'S STAFF EMBLEMS Unauthorized use prohibited 198 GOVERNOR'S VETOES Bills vetoed by Governor listed 1075 , 3275 GRAND JURORS Procedure for summoning 284 GREENE COUNTY Board of education, proposed amendment to the Constitution 969 Commissioners of roads and revenues 2170 GREENVILLE, CITY OF Ad valorem tax rate, referendum 2154 GRIFFIN, CITY OF Corporate limits 2418 Elections 2366 Employees' pension system 2368 GRIFFIN JUDICIAL CIRCUIT Compensation of solicitor-general 321 GUARDIAN AND WARD Sale, etc. of property 440 GWINNETT COUNTY Public transportation, proposed amendment to the Constitution 1008 GWINNETT JUDICIAL CIRCUIT Grand juries 237 Page 3337 H HABERSHAM COUNTY Notices of proposed local legislation, proposed amendment to the Constitution 918 HABERSHAM COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 876 HALL COUNTY Board of education, proposed amendment to the Constitution 845 Development authority, proposed amendment to the Constitution 866 Gainesville and Hall County Development Authority 2282 Street Improvement Assessment Act 2268 HAMILTON, CITY OF New charter 2601 HANCOCK COUNTY Compensation of tax commissioner 2087 Officers placed on salary basis, referendum 2088 School superintendent, proposed amendment to the Constitution 777 HAPEVILLE, CITY OF Employees pension system amended 3138 Sewer tax 2986 HARRIS COUNTY Compensation of commissioners of roads and revenues 2667 Coroner placed on salary basis 2623 Pension system 2648 HARRIS, MATILDA The Matilda Harris Elementary School designated 403 HART COUNTY Board of finance, referendum 2028 Superior court judge's salary 188 HATTAWAY, JAMES E. Compensation for damages 3195 Page 3338 HAWKINSVILLE, CITY OF Elections, etc. 2663 HEARD COUNTY Assistant solictor-general 361 HIGHER EDUCATION ASSISTANCE CORPORATION Created 735 HIGHWAYS Expenses of fiftieth national convention of American Association of Highway Officials 392 Four lane highway north of Atlanta urged 381 HINESVILLE, CITY COURT OF Solicitor's qualifications 2158 HISTORICAL COMMISSION Members, etc. 455 HOGANSVILLE DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 794 HOLMES, J. D. Compensation for damages 3169 HOMESTEAD EXEMPTIONS Exemptions for certain disabled veterans, proposed amendment to the Constitution 1027 Persons 65 years of age or older, proposed amendment to the Constitution 939 Time for making applications in certain counties (250,000-500,000) 767 HORTON, CYRUS W., IV Compensation for damages 3164 HOSPITAL ADVISORY COUNCIL Chapter 88-22 Georgia Health Code 499 HOSPITALS AND RELATED INSTITUTIONS Chapter 88-19 Georgia Health Code 499 Page 3339 HOSPITAL AUTHORITIES Audits in certain counties (50,000-75,000) 3075 Bonds 95 Chapter 88-18 Georgia Health Code 499 Project defined 770 Revenue Certificates 50 Services for elderly persons 78 HOSPITAL AUTHORITY ACT, STATE Amended, bonds 666 HOSPITAL CARE FOR THE INDIGENT Chapter 88-23 Georgia Health Code 499 HOUCK, JAMES M. Compensation for damages 2841 HOUSTON COUNTY Clerk of superior court placed on salary basis 2811 Land conveyance 742 Ordinary placed on salary basis 2816 Sheriff placed on salary basis 2819 Tax commissioner placed on salary basis 2813 HOUSTON COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1055 I INCOME TAX Current Income Tax Payment Act amended 451 Penalties for false returns, etc. 453 INCOME TAX REFUNDS Surviving spouse 139 INDEX RECORDS Clerk of superior court index records 412 INDIGENT, HOSPITAL CARE FOR Chapter 88-23 Georgia Health Code 499 Page 3340 INDUSTRY AND TRADE, DEPARTMENT OF Purchase of passenger carrying equipment 181 INDUSTRIAL LOAN ACT Amended 288 INDUSTRIAL SAFETY Committee to study 249 INSURANCE Cancellation where lienholder named 335 Reciprocal insurance defined 287 Taxation of life insurance companies by municipalities 122 Uninsured motorist 306 INTANGIBLE PROPERTY TAX Distribution 715 INTERSTATE AND DEFENSE HIGHWAYS Advertising 128 INTERSTATE NUCLEAR COMPACT Southern Interstate Nuclear Compact amended 207 IRWIN COUNTY Compensation of solicitor-general 280 IVEY, TOWN OF Ad valorem tax rate 2318 J JASPER, CITY OF Charter amended, referendum 2078 JEFFERSONVILLE, CITY OF Charter amended 2756 JEKYLL ISLANDSTATE PARK AUTHORITY Bonds 100 Page 3341 JENKINS COUNTY Terms of commissioners of roads and revenues 3073 JOHNSON COUNTY Development authority, tax to promote industry, proposed amendment to the Constitution 838 JOHNSON, JULIUS W. Compensation for damages 3201 JOINT PLANNING COMMISSIONS ACT Appeals 259 JONES COUNTY Board of Education, proposed amendment to the Constitution 900 JONES, MRS. KATHERINE LANDERS Compensation for death of husband 3208 JUNIOR COLLEGES Act providing for system of junior colleges amended 686 JURIES, GRAND Procedure for summoning grand jurors 284 JUVENILE COURTS Judges' salaries in certain counties (150,000-175,000) 2375 Judges' salaries in certain counties (250,000-350,000) 2596 K KANE, PAUL T. Compensation for damages 3192 KELLY, E. CLYDE E. Clyde Kelly Bridge designated 180 KENNESAW, CITY OF Charter amended 2354 KINGSLAND, CITY OF Elections 2263 Meetings of council 2260 Page 3342 L LABOR, DEPARTMENT OF See also Commissioner of Labor . Appropriation of funds 448 Employment Security Law amended 217 Employment Security Law amended 443 LAFAYETTE, CITY OF Charter amended 3178 LAGRANGE, CITY OF Corporate limits 2235 LAGRANGE DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 779 LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY Amended, members, etc. 731 LANIER COUNTY Senatorial district 127 Terms of superior court, etc. 175 LARCENY OF DOGS Punishment 277 LAURENS COUNTY Board of education, proposed amendment to the Constitution 941 Dublin-Laurens School System, proposed amendment to the Constitution 903 LAURENS COUNTY BOARD OF EDUCATION Conveyance of school authorized 754 LAW DEPARTMENT OF Appropriation 232 LAW LIBRARIES Authorized in certain judicial circuits (65,500, 65,600) 2929 Established in certain counties (42,000-43,000) 2585 Page 3343 LEAPHART, J. ALVIN, SR. J. Alvin Leaphart, Sr. Bridge designated 389 LEE COUNTY Clerk of superior court placed on salary basis 3231 LEESBURG, CITY COURT OF Abolished 2075 LEGAL ADVERTISEMENTS Rates 77 LEGAL INVESTMENTS See also fiduciaries Municipalities, Counties, etc. 741 LEGISLATIVE SERVICES COMMITTEE Designation, etc. of office space 459 LEGITIMATE CHILDREN Artificial Insemination 166 LEXINGTON, CITY COURT OF Judge 2931 LIBERTY COUNTY INDUSTRIAL AUTHORITY Members, etc. 2110 LIQUOR Seizure, etc. of contraband used in manufacture 722 LITERATURE COMMISSION Declaratory judgments 161 LITHONIA, CITY OF Hours of holding elections 2473 Office of recorder, etc. 2295 LOUISVILLE, CITY COURT OF Practice and procedure 2399 Page 3344 LOWNDES COUNTY Land conveyance authorized 752 LUMPKIN SUPERIOR COURT Terms 442 Mc McDUFFIE COUNTY Commissioners of roads and revenues, referendum 2095 Compensation, etc. of sheriff, referendum 2107 Office of tax commissioner created, referendum 2104 McRAE, CITY OF Title to described property 3228 M MACON, CITY OF Authority to convey title to described air space 3243 Board of water commissioners retirement system amended 2695 Contract with named railroads authorized 2137 Joint tax collection, etc. with Bibb County, proposed amendment to the Constitution 1067 Land conveyance authorized 748 Lists of registered voters, proposed amendment to the Constitution 931 Voter registration 2676 MACON, CITY COURT OF Destruction of certain records authorized 2780 Rules in traffic cases 2782 MACON COUNTY Clerk of superior placed on salary basis 2216 Coroner placed on salary basis 2218 Ordinary placed on salary basis 2364 Sheriff placed on salary basis 2220 Tax collector placed on salary basis 2222 Tax receiver placed on salary basis 2214 MADISON COUNTY Board of Education, proposed amendment to the Constitution 885 Superior court judge's salary 188 Page 3345 MALT BEVERAGE EXCISE TAXES Tax rate 60 MARIETTA, CITY OF Charter amended 2822 MARRIED MINORS Deeds, etc. by married minors eighteen years old 212 MAYNARD MILL BRIDGE Maynard Mill Bridge designated 251 MEDICAL FACILITIES, GRANTS FOR Chapter 88-21 Georgia Health Code 499 MEDICAL SCHOLARSHIPS Repayment, proposed amendment to the Constitution 944 MEIGS, CITY OF Authority to close alley 2895 MENTAL HEALTH Chapter 88-6 Georgia Health Code 499 MENTAL RETARDATION Chapter 88-25 Georgia Health Code 499 MENTALLY ILL, HOSPITALIZATION Chapter 88-5 Georgia Health Code 499 MERIWETHER COUNTY Assistant solicitor-general 361 MIDWIFERY, PRACTICE OF Chapter 88-14 Georgia Health Code 499 MILLEDGEVILLE, CITY OF Off street parking, general obligation bonds, proposed amendment to the Constitution 1032 Off street parking, revenue bonds, proposed amendment to the Constitution 1035 Page 3346 MINIMUM FOUNDATION PROGRAM OF EDUCATION Enacted 3 MISDEMEANOR CASES See also Crimes, and Criminal Procedure. Confinement in public works camps 491 Counties responsibility for prisoners 489 Good time allowance of county prisoners 493 Punishment 485 MONROE, CITY OF Authority to close street 2050 Election of councilmen 2056 Mayor's salary 2052 MONROE COUNTY Commissioners of roads and revenues, referendum 2542 MOORE, LAWRENCE Compensation for damages 3166 MORTGAGES Registry of railroad and public utility mortgages 368 MOTOR CARRIERS Tow trucks, etc. 298 MOTOR COMMON CARRIERS Tow trucks, etc. 297 MOTOR FUEL TAX LAW Agricultural products defined 296 Watercraft 312 MOTOR VEHICLE CERTIFICATE OF TITLE ACT Amended 436 Boat trailers 178 MOTOR VEHICLES Driver licenses 171 Installation of safety belts 168 Nonresidents hauling agricultural products 242 Page 3347 Non-resident motorists 299 Operation of school buses 338 Penalties for size and load limitations 476 Size and load limitations 83 Truck and school bus speed limits 294 Truck licenses 80 Uninsured motorist insurance 306 Vehicle Equipment Safety Compact 463 MOULTRIE, CITY OF Corporate limits 2301 Tax rate for schools, referendum 2305 MUNICIPAL CORPORATIONS Municipal corporation defined 170 MUNICIPALITIES See also named municipality and Tabular IndexMunicipal CorporationsBy Population. Conduct of officers, etc. 261 Legal investments 741 Recreation systems, tax rates, etc. 213 Taxation of life insurance companies 122 MURRAY COUNTY Compensation of commissioner of roads and revenues, referendum 2672 MUSCOGEE COUNTY Public health department budget 2784 Salaries of commissioners of roads and revenues 2321 School taxes, proposed amendment to the Constitution 883 N NATIONAL GUARD Georgia Military Forces Reorganization Act of 1955 Amended 684 NATIONAL INTERSTATE AND DEFENSE HIGHWAYS Advertising 128 NEWTON COUNTY Salary of court reporter 329 Page 3348 NEWTON COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 825 NIMMER CHEVROLET COMPANY Compensation for damages 2834 NON RESIDENT MOTORIST ACT See also Motor Vehicles. Amended 299 NORTH ATLANTA, VILLAGE OF Charter abolished 3237 NORTH GEORGIA MOUNTAINS COMMISSION ACT Amended 369 NORTHERN JUDICIAL CIRCUIT Judge's compensation 188 O OCONEE COUNTY Board of education, proposed amendment to the Constitution 911 OFFICE BUILDING AUTHORITY, STATE Bonds 108 OGLETHORPE, CITY COURT OF Solicitor placed on salary basis 2224 OGLETHORPE COUNTY Superior court judge's salary 188 OLD AGE ASSISTANCE Act amended 222 Representatives to manage benefits 200 OLD POST ROAD Old Post Road designated 378 Page 3349 OLD SOLDIERS HOME Bricks to United Daughters of the Confederacy 751 ORDINARIES See also named county and Tabular IndexCounties and County MattersBy Population. Attorney's fees for representing estates 211 Clerks in certain counties (18, 110-18, 120) 332 Salaries in certain counties (250,000-500,000) 2309 OUTDOOR ADVERTISING Regulated 128 OXFORD, MRS. CYNTHIA L. Compensation for death of husband 3206 P PARDONS AND PAROLES, STATE BOARD OF Rules for considering paroles 487 Temporary revocation of paroles 497 PARENT AND CHILD Adoptions 411 Artifical Insemination 166 PARKER, ALFRED BUREN Compensation for damages 3197 PAROLES Rules for consideration by State Board of Pardons and Paroles 487 Temporary revocation by State Board of Pardons and Paroles 497 PATTON, J. F. Compensation for damages 3160 PAULDING COUNTY Board of Education, proposed amendment to the Constitution 832 Watershed projects, etc. 2590 Page 3350 PEACE OFFICERS' ANNUITY AND BENEFIT FUND Membership qualifications 757 PEACH COUNTY Board of commissioners of roads and revenues, referendums 2627 Compensation of tax commissioner 2625 PEED, MARVIN Conveyance of land authorized 755 PELHAM, CITY OF School board 2072 Tax rate 68 , 2070 PENAL AND REHABILITATION AUTHORITY Bonds 91 PERRY, CITY OF Numbered council posts 2805 PHARMACY, STATE BOARD OF Georgia Permit Act amended 336 PHYSICAL THERAPISTS PRACTICE ACT Amended 765 PICKENS COUNTY Commissioner of roads and revenues, referendum 2066 PIKE COUNTY Compensation of solicitor-general 321 PINE LAKE, CITY OF Pensions for policemen 2483 PINE MOUNTAIN, TOWN OF Corporate limits, referendum 2939 PLANNING COMMISSIONS Appeals 259 Page 3351 POLITICAL SUBDIVISIONS Conduct of officers, etc. 261 POLK COUNTY Compensation of coroner 3082 Compensation of ordinary, sheriff, etc. 3185 Flood control, etc. 2982 Office of tax commissioner created 2265 POLK COUNTY, CITY COURT OF Salaries 2936 POOLER, TOWN OF Charter amended, referendum 2288 PORTS AUTHORITY ACT Bonds 88 Amended 285 POWDER SPRINGS, CITY OF Corporate limits 2807 PRACTICE AND PROCEDURE Actions for deficiencies in improvements on real estate 140 Appointment of new trustees 270 Attorney's fees for representing estates 211 Corporation charters 317 Discharge of executors 269 Exceptions to reports of auditors 697 Garnishment 220 Georgia Administrative Procedure Act 338 Petitions for change of permanent alimony 713 Quo Warranto, service of process 766 Registration of title to lands 170 Rules for interpretation of contracts 414 Service of process upon minors fourteen or older 301 Statute of limitations on loss of consortium 763 Time of filing cross actions 165 Uninsured motorist insurance 306 PREVENTABLE DISEASES, CONTROL Chapter 88-12 Georgia Health Code 499 PRISONERS See also Criminal Procedure. Care of prisoners afflicted with tuberculosis 365 Page 3352 PROBATION See also Paroles. Statewide Probation Act amended 274 PROCESS See Practice and Procedure PROGRAM OF GUARANTEED STUDENT LOANS Authorized, proposed amendment to the Constitution 1015 PSYCHOLOGISTS State Board of Examiners of Psychologists Act amended 256 PUBLIC ASSISTANCE BENEFITS Representatives to manage 200 PUBLIC HEALTH, DEPARTMENT OF Georgia Health Code 499 Georgia Water Quality Control Act 416 PUBLIC SAFETY, DEPARTMENT OF Construction costs of barracks, etc. 144 Director's salary 252 Driver licenses 171 Driver Responsibility Law amended 225 Vehicle Equipment Safety Compact 463 PUBLIC SERVICE COMMISSIONER See also Employees Retirement System. Office of Public Service Commissioner Emeritus 683 PUBLIC TRANSPORTATION OF PASSENGERS FOR HIRE Metropolitan Area of Atlanta, proposed amendment to the Constitution 1008 PUBLIC UTILITIES Registry of mortgages 368 PUBLIC WELFARE, DEPARTMENT OF Aid to permanently disabled 665 PUBLIC WORKS CAMPS Confinement of county prisoners 491 Page 3353 PUBLIC WORKS CONTRACTS Advertisements in certain counties (250,000 or more) 764 Supervisor of purchases 693 Q QUITMAN, CITY OF Number of commissioners, referendum 2776 QUO WARRANTO Service of process 766 R RABBITS Trapping of rabbits 193 RABIES, CONTROL OF Chapter 88-15 Georgia Health Code 499 RABUN COUNTY Clerk of superior court placed on salary basis 2241 Secretary for clerk of superior court 2157 RADIATION CONTROL Chapter 88-13 Georgia Health Code 499 RAILROADS Registry of mortgages 368 REAL PROPERTY Deeds, etc. by married minors eighteen years old 212 RECIPROCAL INSURANCE Reciprocal Insurance defined 287 RECREATIONAL SYSTEMS Joint systems 319 Tax rates, referendums 213 REDEVELOPMENT FINANCE ACT Area Redevelopment Finance Act 728 Page 3354 REGENTS, BOARD OF Compensation 454 Junior College Act amended 686 Allocation of funds to establish dental college recommended 726 REGISTRATION OF TITLE TO LANDS Procedure 170 RESOURCES ADVISORY BOARD, SOUTHEAST RIVER BASINS Created 244 RETARDATION, MENTAL Chapter 88-25 Georgia Health Code 499 Program for mentally retarded blind children 682 RETIREMENT See also named retirement system . Pension Act for employees of certain cities amended (150,000 or more) 2407 , 2564 , 2598 , 3050 Pension Act for firemen of certain cities amended (150,000 or more) 2161 , 2409 Pension Act for policemen of certain cities amended (150,000 or more) 2411 , 3001 REVENUE Agricultural products defined under Motor Fuel Tax Law 296 Alcoholic Beverages and Liquors 62 Collection of business license fees by counties, proposed amendment to the Constitution 1022 Corporations' tax rate 67 Current Income Tax Payment Act amended 451 Distribution of intangible property tax 715 Equalized adjusted school property tax digest 706 Homestead exemption for certain disabled veterans, proposed amendment to the Constitution 1027 Homestead exemptions in certain counties (250,000-500,000) 767 Homestead exemptions of disabled war veterans 280 Homestead exemptions of persons 65 years of age or older, proposed amendment to the Constitution 939 Income tax, penalties for false returns, etc. 453 Income tax refunds to surviving spouse 139 Malt Beverage Excise Tax 60 Non-resident vehicles hauling agricultural products 242 Penalties for failure to make tax returns in certain counties (250,000-500,000) 458 Page 3355 Retailers' and Consumers' Sales and Use Tax Act Amended 57 , 206 , 672 Sale of alcoholic beverages in certain counties and municipalities therein (40,000 or more) 771 Suspension of sales tax on Bibles, etc. ratified 179 Taxes due in installments in certain counties (250,000-500,000) 328 Tax returns by mail 333 Tax returns in certain counties (250,000-500,000) 455 Taxes for roads in certain counties (49,500-67,500) 2898 Tobacco Tax Act Amended 50 Truck license rates 80 REVENUE BONDS AND CERTIFICATES State Hospital Authority Act amended 666 Farmers Market Authority 85 Hospital Authorities 50 Jekyll IslandState Park Authority 100 Penal and Rehabilitation Authority 91 State Hospital Authority Act 95 State Office Building Authority 108 State Ports Authority 88 State School Building Authority 112 Stone Mountain Memorial Association 357 University System Building Authority 104 , 310 RICHMOND COUNTY Audits 2810 Board of education 2832 Elections to fill vacancies in county offices 2809 ROCKDALE COUNTY Debt limitation, proposed amendment to the Constitution 943 Salary of court reporter 329 ROME, CITY OF Employees' retirement 2046 ROSSVILLE, CITY OF Ad valorem tax rate 3135 ROSWELL, CITY OF Charter amended 2799 Corporate limits 2791 , 2795 Page 3356 S SAFETY BELTS Installation 168 ST. ANDREWS SOUND Taking of crab 174 ST. MARYS AIRPORT AUTHORITY ACT Enacted 2438 ST. MARYS, CITY OF Compensation of mayor and aldermen 2261 Term of mayor 2693 SALES AND USE TAX See Retailers' and Consumers' Sales and Use Tax Act . SANDERSVILLE, CITY COURT OF Name changed to City Court of Washington County, court costs, etc. 2247 SANDERSVILLE, CITY OF Compensation of mayor, etc. 2292 Corporate limits 2476 Tax to promote industry, proposed amendment to the Constitution 934 SAVANNAH, CITY COURT OF Compensation of sheriff 2511 SAVANNAH, CITY OF Chatham CountyCity of Savannah, joint board of tax assessors, proposed amendment to the Constitution 986 Corporate limits 2233 Police jurisdiction 2850 Revenues for services 2425 SCHOLARSHIPS See also Education . Georgia State Scholarship Commission 699 Repayment of medical scholarships, proposed amendment to the Constitution 944 Page 3357 SCHOOL BUILDING AUTHORITY Bonds 112 SCHOOL BUSES Operation when transporting children 338 School Bus Transportation Study Committee 404 Speed limits 294 SCHOOL DISTRICTS Legal investments 741 SCHOOL PROPERTY TAX DIGEST Duty of State Auditor 706 SCIENCE AND TECHNOLOGY Commission created 717 SCOTLAND, CITY OF Charter amended 3047 SCOTT, WILLIAM FRED, SR. William Fred Scott, Sr. Highway designated 390 SCREVEN COUNTY Board of education; proposed amendment to the Constitution 835 SEAT BELTS Installation 168 SECRETARY OF STATE See also Constitutional Officers . Filing of corporation charters 317 Georgia Administrative Procedure Act 338 Members, etc. of Georgia Historical Commission 455 Non Resident Motorist Act amended 299 Office of Secretary of State Emeritus 686 Renewal of bank charters 75 SEMINOLE COUNTY Superior Court terms 364 Page 3358 SENATE COMMITTEE ON ECONOMY, REORGANIZATION AND EFFICIENCY IN STATE GOVERNMENT Amended 744 SENATORIAL DISTRICTS Lanier County 127 Line between 26th and 27th districts 691 SERVICE OF PROCESS Service upon minors fourteen or older 301 SHARPSBURG, TOWN OF Corporate limits 2200 SHERIFFS See also named Counties and Tabular Index Counties and County Matters by Population. Compensation in certain counties (4,540-4,550) 2899 Duties in certain counties (250,000-500,000) 2885 Placed on salary basis March 1, 1966 310 Salaries in certain counties (250,000-500,000) 2309 SMALL CLAIMS COURTS Appointment of judges in certain counties (11,725-12,025) 2528 Created in certain counties including Tift County (23,300-23,699) 2944 SMITHVILLE, CITY OF Hours of holding elections 2229 SMYRNA, CITY OF Charter amended 2913 SOLICITORS-GENERAL Qualifications 362 SOLICITORS-GENERAL RETIREMENT FUND ACT Amended 214 Credit for service in Armed forces 366 Penalty for delinquent contributions 758 Page 3359 SOMERS, WILLIAM C., JR. Compensation for damages 3191 SOUTHERN INTERSTATE NUCLEAR COMPACT Amended 207 SOUTHERN RAILWAY COMPANY Contract with Bibb County 2121 Contract with City of Macon 2137 SPALDING COUNTY Compensation of solicitor-general 321 Street improvements, etc., proposed amendment to the Constitution 1045 STAPLETON, TOWN OF Date of electing mayor and councilmen 2773 STATE AND COUNTY OFFICERS Removal on conviction of a felony 689 STATE AUDITOR Equalized adjusted school property tax digest 706 STATE BOARD OF ACCOUNTANCY Veterans credit 761 STATE BOARD OF CORRECTIONS Misdemeanor prisoners 489 Costs of trials involving prison inmates 462 Rehabilitation of prisoners 734 STATE BOARD OF EDUCATION See also Education. Authority to withhold funds 304 Minimum Foundation Program of Education 3 STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS Act amended 256 STATE BOARD OF PARDONS AND PAROLES Rules for considering paroles 487 Statewide Probation Act amended 274 Temporary revocation of paroles 497 Page 3360 STATE BOARD OF PHARMACY Georgia Permit Act amended 336 STATE BOARD OF REGISTRATION FOR FORESTERS ACT Amended 409 STATE CAPITOL BUILDING Designation, etc. of office space 459 STATE EMPLOYEES Payments, etc. to credit unions 255 STATE EMPLOYEES' HEALTH INSURANCE ACT Coverage for certain employees 196 STATE EMPLOYEES' RETIREMENT SYSTEM Benefit tables, etc. 119 Credit for prior service 237 Credits for prior service; employees of General Assembly 158 Membership of Appellate Court judges and Constitutional officers 115 STATE GAME AND FISH COMMISSION Salary of director 330 STATE HIGHWAY DEPARTMENT Expenses of fiftieth national convention of American Association of Highway Officials 392 Four lane highway north of Atlanta urged 381 STATE HOSPITAL AUTHORITY ACT Amended, bonds 666 Bonds 95 STATE LITERATURE COMMISSION Declaratory judgments 161 STATE OFFICE BUILDING AUTHORITY Bonds 108 STATE PENAL AND REHABILITATION AUTHORITY Bonds 91 Page 3361 STATE PORTS AUTHORITY ACT Bonds 88 STATE PROPERTIES CONTROL CODE Enacted 146 STATE SCHOLARSHIP COMMISSION See also Education . Authorized, proposed amendment to the Constitution 1000 STATE SCHOOL BUILDING AUTHORITY Bonds 112 STATE SUPERINTENDENT OF SCHOOLS See also Constitutional Officers . Bond 677 Office of State Superintendent of Schools Emeritus 683 STATE TREASURER See also Constitutional Officers . Office of State Treasurer Emeritus 683 STATEWIDE PROBATION ACT See also Paroles. Amended 274 STATUTE OF LIMITATIONS Cross actions 161 Loss of consortium 763 STEPHENS COUNTY Stephens County-City of Toccoa; joint board of tax assessors, proposed amendment to the Constitution 1040 Toccoa-Stephens County Building and Parks Authority, proposed amendment to the Constitution 948 STEWART COUNTY Small claims court 2486 STONE MOUNTAIN JUDICIAL CIRCUIT Salary of court reporter 329 STONE MOUNTAIN MEMORIAL ASSOCIATION ACT Bonds 357 Page 3362 STUDENT LOANS See Also Education. Higher Education Assistance Corporation 735 Program of guaranteed student loans, proposed amendment to the Constitution 1015 SUPERIOR COURTS See also Tabular IndexSuperior Courts. Clerks' salaries in certain counties (250,000-500,000) 2309 Duties of clerks in certain counties (6,200-6,225) 3234 Federal Social Security for judges 303 Index records 412 Judge of Superior Court Emeritus Act amended 198 , 720 Judges' qualifications 363 Jury clerks in certain counties (500,000 or more) 2119 Procedure for summoning grand jurors 284 Qualifications of solicitors-general 362 Solicitors-General Retirement Fund Act amended 214 , 758 SUPERIOR COURT CLERKS RETIREMENT FUND ACT Amended 202 , 407 SUPERVISOR OF PURCHASES Construction or public works contracts 693 SUPREME COURT Office of justice emeritus 240 Justices' membership in Employees' Retirement System 115 SUPPLEMENTARY APPROPRIATIONS ACT See also General Appropriations Act. Enacted 183 SURETY BONDS Liability on bonds of heads of State departments 282 SUWANEE, CITY OF New charter, referendum 2733 SWAINSBORO, CITY COURT OF Practice and procedure, terms, etc. 2581 Page 3363 T TALLAPOOSA DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 923 TATTNALL COUNTY Recording of family histories 2231 TAX ASSESSMENTS Revision, etc. in certain counties (250,000-500,000) 241 TAX ASSESSORS See also Named Counties and Tabular IndexCounties and County MattersBy Population . Boards in certain counties (23,750-23,850) 3009 TAX ASSESSORS, JOINT CITY-COUNTY Employment of attorneys by certain boards based on population of municipalities (300,000 or more) 2423 Members of certain boards based on population of municipalities (300,000 or more) 2562 TAX COLLECTORS See also Named Counties . Compensation in certain counties (23,750-23,850) 208 Compensation in certain counties (55,000-73,000) 733 TAX COMMISSIONERS See also Named Counties . Compensation in certain counties (2,675-3,250) 2485 Compensation in certain counties (13,100-13,150) 2691 Compensation in certain counties (55,000-73,000) 733 Penalties for failure to make tax returns in certain counties (250,000-500,000) 458 Powers in certain counties (6,305-6,450) 2731 Revision of tax assessments in certain counties (250,000-500,000) 241 Salaries in certain counties (250,000-500,000) 2309 Tax returns by mail 333 Tax returns in certain counties (250,000-500,000) 457 TAX RECEIVERS See also Named Counties . Penalties for failure to make tax returns in certain counties (250,000-500,000) 458 Revision of tax assessments in certain counties (250,000-500,000) 241 Tax returns by mail 333 Tax returns in certain counties (250,000-500,000) 457 Page 3364 TEACHERS RETIREMENT SYSTEM ACT Amended 219 , 669 TELEVISION STATION WSPA Lease of land in Black Rock Mountain State Park Authorized 160 THOMAS COUNTY Bonds and tax for educational facilities beyond twelfth grade, proposed amendment to the Constitution 809 Sheriff placed on salary basis, referendum 2497 THOMASTON, CITY OF Charter amended 2517 Operation, etc. of utilities, proposed amendment to the Constitution 897 THOMASTON-UPSON COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 817 THOMSON, CITY OF Corporate limits 2196 TIFT COUNTY Commissioners of roads and revenues, referendum 2900 Compensation of solicitor-general 280 Purchases on competitive bid basis, referendum 3069 Small claims court 2944 TIFTON, CITY OF Salaries of commissioners, referendum 2361 Water and sewer lines, referendum 2208 TIFTON JUDICIAL CIRCUIT Compensation of solicitor-general 279 TOBACCO Revenue Tax Act amended 50 TOCCOA, CITY OF Stephens County-City of Toccoa, joint board of tax assessors, proposed amendment to the Constitution 1040 Page 3365 TOCCOA-STEPHENS COUNTY BUILDING AND PARKS AUTHORITY Created, proposed amendment to the Constitution 948 TOURIST COURTS Chapter 88-11 Georgia Health Code 499 TOW TRUCKS Motor carriers 298 Motor common carriers 297 TRAFFIC SAFETY COMMITTEE Created 375 TROUP COUNTY Assistant solicitor-general 361 TROUP COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 786 TROUT, MONTE F. Compensation for damages 3162 TRUST ESTATES See also Fiduciaries. Investments in common trust funds 760 TRUSTEES See also Fiduciaries. Appointment of new trustees 270 Legal status, etc. 258 TUBERCULOSIS Care of prisoners afflicted with tuberculosis 365 Rights of certain State employees, Chapter 88-24 Georgia Health Code 499 TUBERCULOSIS HOSPITALIZATION Chapter 88-7 Georgia Health Code 499 TUCKER, HUGH C. Hugh C. Tucker Bridge designated 246 Page 3366 TURNER COUNTY Compensation of solicitor-general 280 TURIN, TOWN OF Corporate limits 2202 Water system 2204 U UNADILLA, CITY OF Authority to abandon alley 2059 UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS School buses 338 Truck and school bus speed limits 294 UNIFORM COMMERCIAL CODE Amended 70 UNION CITY Charter repealed, referendum 2478 UNION COUNTY Audits 2878 UNITED DAUGHTERS OF THE CONFEDERACY Bricks from Old Soldiers Home 751 UNIVERSITY SYSTEM See also Regents, State Board of Compensation of Board of Regents 454 UNIVERSITY SYSTEM BUILDING AUTHORITY Bonds 104 , 310 UPSON COUNTY Bond and compensation of commissioners of roads and revenues 3235 Compensation of solicitor-general 321 Office of tax commissioner created 2062 Thomaston-Upson County Development Authority, proposed amendment to the Constitution 817 Page 3367 V VEHICLE EQUIPMENT SAFETY COMPACT Enacted 463 VENERAL DISEASE, CONTROL OF Chapter 88-16 Georgia Health Code 499 VETERANS Homestead exemptions for certain disabled veterans, proposed amendment to the Constitution 1027 Homestead exemption for disabled war veterans 280 VETOES Bills vetoed by Governor listed 1075 , 3275 VIDALIA, CITY OF Charter amended 2635 VIDALIA DEVELOPMENT AUTHORITY Extension of activities, tax exemption, proposed amendment to the Constitution 1043 VITAL RECORDS Chapter 88-17 Georgia Health Code 499 VOCATIONAL EDUCATION Register of blind persons authorized 386 VOLUNTARY DEEDS Effect defined, etc. 475 VOTING RECORDERS Use in certain counties authorized (250,000-500,000) 3141 Use in certain counties authorized (500,000 or more) 3149 W WACO DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 860 Page 3368 WALKER COUNTY Clerk of superior court placed on salary basis, referendum 2024 Fire prevention districts 2643 Fire prevention districts, proposed amendment to the Constitution 1017 Office of tax commissioner created, referendum 2018 Ordinary placed on salary basis, referendum 2014 WALKER COUNTY DEVELOPMENT AUTHORITY Bonds, proposed amendment to the Constitution 1013 Created 3104 WARE COUNTY Board of education, proposed amendment to the Constitution 928 Office of tax commissioner, referendum 2455 WARNER ROBINS DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1049 WASHINGTON COUNTY Compensation of commissioners of roads and revenues and superintendent of roads and bridges 3097 Tax to promote industry, proposed amendment to the Constitution 998 WASHINGTON COUNTY, CITY COURT OF Name changed from City Court of Sandersville, court costs, etc. 2247 WASHINGTON COUNTY DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 993 WATER QUALITY CONTROL ACT Enacted 416 WATERCRAFT Motor Fuel Tax Law amended 312 WATERSHEDS See also Named County . Eminent domain by counties 234 Page 3369 WATER SUPPLY QUALITY CONTROL Chapter 88-26 Georgia Health Code 499 WATKINSVILLE, TOWN OF Charter amended 2529 WAYNE COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 1002 WELLS Maintenance of abandoned wells in certain counties (11,200-11,450) 2533 WEST POINT DEVELOPMENT AUTHORITY Created, proposed amendment to the Constitution 801 WHITE SUPERIOR COURT Terms 275 WHITFIELD COUNTY Board of education, proposed amendment to the Constitution 978 Bonds and tax for educational facilities beyond twelfth grade, proposed amendment to the Constitution 811 Commissioners of roads and revenues, referendum 2175 Compensation of tax commissioner 3249 Law books 2844 WILKES COUNTY Act placing officers on salaries amended 2633 Tax commissioner's duties 2378 WILKINSON COUNTY Monthly statements of commissioners of roads and revenues 2535 Office of tax commissioner created 2314 WILLS AND ADMINISTRATION OF ESTATES Assistant County administrators in certain counties (550,000 or more) 300 Attorney's fees, how fixed 211 Discharge of executors 269 Page 3370 Income tax refunds 139 Investments in building and loan, etc. shares 194 Legal status of fiduciaries 258 WOODBURY, CITY OF Ad valorem tax, referendum 2412 WOODSTOCK, CITY OF Corporate limits, referendum 2351 WORKMEN'S COMPENSATION Applicable to certain county school boards (less than 300,000) 675 School personnel, proposed amendment to the Constitution 1011 WORTH COUNTY Compensation of solicitor-general 280 WRAY, ALEXANDER H. Delivery of plaque to Commercial Union Group of Insurance Companies 399 WSPA TELEVISION STATION Lease of land in Black Rock Mountain State Park authorized 160 Y YOUNG HARRIS, TOWN OF Terms of mayor and councilmen 2797 Page 3371 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 Total 3,943,116 3,444,578 3,123,723 2,908,506 2,895,832 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 3376 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., Bowdon 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 Thomas, R. S. 54th Rt. 5, Dalton Tribble, Joseph J. 3rd 402 Arlington Rd., Savannah Webb, Julian J. 9th P.O. Box 277, Donalsonville Wesberry, James P., Jr. 37th 2989 N. Fulton Dr., N.E., Atlanta 5 Yancey, Kyle 99rd Rt. 2, Austell Young, Martin 13th Rt. 2, Rebecca Zorn, William A. 6th P.O. Box 128, 292 E. Cherry St., Jesup Page 3378 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, 813 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. R. S. Thomas Rt. 5, Dalton Page 3380 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 F. 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 Beck, James E. Twiggs P.O. Box 188, Jeffersonville 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 Laudig 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, Rooney L. Dooly Vienna 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 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 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 Dennard, Joe L. Wilcox Pineview 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 Hudgins, Floyd Chattahoochee Cusseta 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 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 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 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 Rogers, Jimmie Long Ludowici 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 Scarborough, John C., Jr. Crawford Roberta Sewell, J. W. Sumter Plains 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, Charles C. Camden 310 Wheeler St., St. Marys 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 Strickland, Ernest W. Evans Rt. 2, Claxton 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 Tucker, Ray M. Henry McDonough 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 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 White, Daniel H. McIntosh P.O. Box 475, Darien Wiggins, William S. Carroll 202 Tanner St., Carrollton 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 3389 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 Charles C. Smith 310 Wheeler St., St. Marys Candler Hines L. Brantley Metter Carroll J. Ebb Duncan W. Club Dr., Carrollton Wm. J. Wiggins 202 Tanner St., Carrollton 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 Floyd Hudgins 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 Rooney L. Bowen 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 Ernest W. Strickland Rt. 2, 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 Ray M. Tucker 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 Jimmie Rogers 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 James E. Beck P.O. Box 188, Jeffersonville 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 Joe L. Dennard Pineview 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 3397 RESULTS OF REFERENDUM ELECTIONS STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1963 AS OF APRIL, 1964 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 1 42 1959 35 1 34 1960 47 1 1 45 1961 27 1 26 1962 38 1 2 35 1963 39 1 5 33 TOTAL 347 16 16 315 Page 3398 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 3399 Georgia Laws 1953, November-December session : County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9-8-54 For1833 Agn648 Cherokee 2668 Certain county officers on salary basis 11-2-54 For913 Agn674 Clayton 2855 City of Forest Park Status unknown Clayton 2029 City of Lake Tara 12-9-53 For64 Agn229 Clayton 2064 City of Lake Tara Status unknown Coweta 2040 City of Newnan 2-6-54 For1406 Agn603 Crisp 2407 City of Cordele 10-5-54 City vote : For202; Agn132 County vote : For23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For200 Agn527 DeKalb 2578 City of Decatur 10-21-54 For466 Agn827 Early 2282 City of Blakely 4-19-54 For45 Agn82 Elbert 2987 City of Elberton 3-23-54 For958 Agn248 Forsyth 2674 County indebtedness for building purposes Status unknown Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn164 McDuffie 2584 City of Thomson 3-12-54 For253 Agn290 Miller 2814 City Court of Miller County 9-8-54 Status unknown Richmond 2610 City of Augusta Status unknown Richmond 2476 City of Augusta 11-17-54 For259 Agn189 Sumter 2972 Tax Millage 1-12-54 For382 Agn431 Troup 2858 City of West Point 1-27-54 City vote : For140; Agn6 Outside city vote : For64; Agn53 Twiggs 2570 County Commissioners 11-2-54 For161 Agn626 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Georgia Laws, 1955 : County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55* For1079 *Special election held May 31, 1955 and 2 additional members elected. Agn716 Clarke 3057 Merger city and county school systems 5-4-55 For1124 Agn564 Clayton 2781 City of Morrow 4-16-55 For75 Agn30 Clayton and Fulton 2884 City of College Park 5-14-55 For46 Agn13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. For750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3-7-56 For4471 Agn522 Fulton 2650 City of Hapeville Status unknown Gwinnett 3163 City of Lawrenceville 3-19-55 For25 Agn89 Hall 3040 Tax Commissioner 11-28-55 For2163 Agn775 Hall 2627 Certain county officers on salary basis 11-28-55 For2144 Agn826 Houston 2093 City of Warner Robins 4-5-55 For234 Agn547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For337 Agn109 Rockdale 2428 Certain county officers on salary basis 4-16-55 For610 Agn877 Tift 2344 City of Tifton 4-27-55 For764 Agn270 Wayne 2858 City of Jesup 4-27-55 For383 Agn206 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections. Page 3402 Georgia Laws, 1956 : County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4-3-56 For1394 Agn1385 Baldwin (1 of 2) 2865 City of Milledgeville 7-18-56 For107 Agn58 Baldwin (1 of 2) 2865 City of Milledgeville 10-15-56 For463 Agn243 Baldwin 3003 City of Milledgeville 7-18-56 For12 Agn51 Banks 2056 Supplemental salary for Sheriff 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5-4-56 For13 Agn103 Carroll 2797 Judge, City Court of Carrollton 11-6-56 For1305 Agn2344 Carroll 2877 Police court of Whitesburg Status unknown Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton (1 of 2) 2040 City Manager, City of Forest Park Status unknown Clayton (1 of 2) 2040 City of Forest Park Status unknown Clayton 2518 City of Mountain View 3-24-56 For341 Agn44 Clayton 2744 City of College Park 4-28-56 For28 Agn22 Colquitt 2399 Certain county officers on salary basis 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10-1-56 * * West Moultrie Area: For1986; Agn169 [UNK] City vote : Colonial Heights Area: For2002; Agn159 Crestwood Gardens Area: For2005; Agn167 East Moultrie Area: For2004; Agn165 Tifton Highway Area: For1989; Agn173 Sylvester Drive Area: For1976; Agn175 Area 1-West Moultrie Area: For99; Agn57 [UNK] Area vote : Area 2-Colonial Heights Area: For145; Agn83 Area 3-Crestwood Gardens Area: For27; Agn87 Area 4-East Moultrie Area: For41; Agn147 Area 5-Tifton Highway Area: For29; Agn107 Area 6-Sylvester Drive Area: For78; Agn144 DeKalb 2932 City Court of Decatur 5-16-56 For12,520 Agn5,846 DeKalb (1 of 2) 3237 Multiple commission form of government 5-16-56 For18,393 Agn2,001 DeKalb (1 of 2) 3237 Commission Chairman 5-16-56 For: (a)4,743 For: (b)15,300 Fayette 2022 Tax Commissioner 2-25-56 For292 Agn37 Glascock 3507 Traveling expenses for Sheriff 3-14-56 For498 Agn227 Gwinnett 2502 Tax Commissioner 11-6-56 For3,383 Agn1,641 Hall 3166 City of Lula 3-27-56 Belton vote : For64; Agn2 Lula vote : For35; Agn3 Houston 2510 City of Warner Robins 5-8-56 For215 Agn30 Jackson 2887 City Court of Jefferson 9-12-56 For972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For231 Agn580 Murray 3476 Chatsworth 8-25-56 For77 Agn109 Muscogee 2386 City of Columbus 9-12-56 City vote : For6179; Agn2356 Outside city vote : For516; Agn2070 Newton 2507 City of Covington 5-1-56 For109 Agn90 Richmond 2406 Sale of Allen ParkCity of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote : For948; Agn595 Affected area For365; Agn400 Thomas 3159 Certain county officers on salary basis 4-24-56 For902 Agn939 Thomas 3510 Tax Commissioner 4-24-56 For876 Agn957 Troup 2827 City of Hogansville 7-18-56 City vote : For216; Agn117 Outside city vote : For41; Agn159 Troup 3078 City of Hogansville 7-18-56 For257 Agn276 Troup 3423 City of North West Point 4-25-56 For34 Agn111 Walker 2995 Town of Linwood Status unknown Whitfield 2093 City of Dalton 3-15-56 For985 Agn1831 This is a summary of the results of referendum elections which are of file and record in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the indiv dual 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 [UNK] 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 3418 Georgia Laws, 1961 : County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 6-10-61 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 : For9179; 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 3421 Georgia Laws 1962 : County 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 Not Held 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 7-11-62 Agn184 Terrell 2537 City of Dawson Status Ext. 1Defeated Terrell 3186 City of Dawson Unknown Ext. 2Ratified 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 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 3424 REFERENDUM ELECTIONS FOR THE YEAR 1963 and RESULTS Georgia Laws 1963 : County Page No . SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For581 Agn343 Baldwin 3035 Civil and Criminal Court of Baldwin County created 5-28-63 For142 Agn346 Bartow 2066 Sheriff's deputies and jailerscompensation 4-10-63 For721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For666 Agn1230 Bartow 2078 Clerical help in office of the County Commissionercompensation 4-10-63 For532 Agn1343 Bartow 2082 Deputy Tax Commissionerclerical helpcompensation 4-10-63 For511 Agn1356 Bartow 2086 County to furnish sheriff's office with automobiles, equipment and uniforms 4-10-63 For714 Agn1172 Berrien 2627 Town of Enigma 6-4-63 For15 Agn0 Bleckley 2382 Tax Commissionercreation of office 6-5-63 For209 Agn436 Cherokee 2016 City of Canton 5-1-63 For45 Agn29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissionerscreation of 1-8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Status Unknown DeKalb 3457 City of North Atlanta 7-11-63 For(1)508 For(2)55 For(3)842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For243 Agn44 Outside City: For81 Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10-1-63 For798 Agn570 Hall 3552 Board of County Commissioners 9-3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1669 For Sec. 2624 Houston 3330 City of Warner Robins 5-7-63 For1127 Agn776 Irwin 2602 Tax Commissionercreation of office 5-28-63 For91 Agn279 Jackson 2575 City of Commerce No Action Taken Meriwether 2332 City of Warm Springs No Action Taken Muscogee 2731 City of Columbus 6-5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For333 Agn669 Pulaski 3436 Tax Commissionercreation of office 6-18-63 For354 Agn321 Screven 2835 City of Sylvania 6-4-63 For160 Agn79 Void6 Talbot 2185 Board of County Commissioners 5-22-63 For239 Agn295 Telfair 2482 City of McRae 5-1-63 For130 Agn3 Thomas 3402 City of Boston 5-20-63 For45 Agn126 Thomas 3405 City of Boston 5-20-63 For52 Agn127 Turner 2471 One member Board County Commissioner 4-24-63 For249 Agn603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn130 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 3427 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